As Reported by the Senate Finance and Financial Institutions Committee

126th General Assembly Regular Session 2005-2006

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 

Senators Carey, Stivers, Niehaus, Clancy, Kearney 

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A BILL

To amend sections 3.21, 3.23, 5.10, 9.37, 101.34,

1

101.72, 101.83, 101.92, 107.40, 121.62, 122.17,

2

122.171, 126.11, 131.02, 133.021, 133.07, 133.08,

3

133.20, 151.01, 151.09, 151.10, 151.40, 152.09,

4

152.18, 152.19, 152.21, 152.24, 152.26, 154.02,

5

154.20, 169.13, 176.05, 307.695, 333.02, 333.04,

6

340.03, 340.09, 340.12, 715.70, 715.81, 1520.02,

7

1702.01, 1702.08, 1702.11, 1702.17, 1702.19,

8

1702.20, 1702.22, 1702.27, 1702.38, 1702.39,

9

1702.42, 1702.58, 2301.02, 2305.26, 2329.07,

10

2701.06, 3317.013, 3317.022, 3317.029, 3317.0217,

11

3317.03, 3353.07, 3353.11, 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

4733.14, 4763.03, 4763.05, 4763.06, 4919.76,

15

5107.12, 5111.88, 5115.06, 5119.071, 5119.611,

16

5120.03, 5123.08, 5126.01, 5126.02, 5126.024,

17

5126.029, 5126.0210, 5126.0211, 5126.0212,

18

5126.0213, 5126.0214, 5126.0220, 5126.0221,

19

5126.0222, 5126.0223, 5126.0224, 5126.0225,

20

5126.031, 5126.034, 5126.037, 5139.02, 5502.62,

21

5537.01, 5537.02, 5537.03, 5537.10, 5537.17,

22

5537.24, 5537.26, 5537.27, 5537.28, 5701.11,

23

5709.87, 5725.31, 5727.84, 5729.07, 5733.42,

24

5739.01, 5739.09, 5741.101, 5747.39, 5748.01,

25

5751.01, 5751.011, 5751.033, 5910.03, and 5919.31;

26

to enact sections 121.482, 184.191, 3333.34,

27

5533.75, 5709.083, 5713.051, 5748.021, and

28

5748.081 of the Revised Code; to amend Section

29

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

30

Assembly, as subsequently amended, and to amend

31

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

32

General Assembly, for the purpose of codifying it

33

as section 3310.41 of the Revised Code; to amend

34

Section 22.07 of Am. Sub. H.B. 16 of the 126th

35

General Assembly; to amend Sections 203.12.06,

36

203.24, 203.57, 203.81, 206.33, 206.66.06, 209.54,

37

209.63.03, 209.63.30, and 209.93 of Am. Sub. H.B.

38

66 of the 126th General Assembly; to amend

39

Sections 203.27, 203.99, 209.63, and 212.30 of Am.

40

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

41

subsequently amended; to amend Sections 243.10 and

42

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

43

Assembly; to amend Section 10 of Am. Sub. S.B. 250

44

of the 123rd General Assembly; to repeal Section 4

45

of Sub. H.B. 139 of the 126th General Assembly;

46

and to amend the version of section 5502.62 of the

47

Revised Code that is scheduled to take effect

48

April 1, 2007, to make capital and other

49

appropriations and to provide authorization and

50

conditions for the operation of state programs.

51

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, 101.34,	52
101.72, 101.83, 101.92, 107.40, 121.62, 122.17, 122.171, 126.11,	53
131.02, 133.021, 133.07, 133.08. 133.20, 151.01, 151.09, 151.10,	54
151.40, 152.09, 152.18, 152.19, 152.21, 152.24, 152.26, 154.02,	55
154.20, 169.13, 176.05, 307.695, 333.02, 333.04, 340.03, 340.09,	56
340.12, 715.70, 715.81, 1520.02, 1702.01, 1702.08, 1702.11,	57
1702.17, 1702.19, 1702.20, 1702.22, 1702.27, 1702.38, 1702.39,	58
1702.42, 1702.58, 2301.02, 2305.26, 2329.07, 2701.06, 3317.013,	59
3317.022, 3317.029, 3317.0217, 3317.03, 3353.07, 3353.11, 3383.01,	60
3383.07, 3706.01, 3770.05, 3770.073, 3905.36, 3931.07, 4115.04,	61
4121.121, 4503.068, 4710.02, 4728.03, 4733.14, 4763.03, 4763.05,	62
4763.06, 4919.76, 5107.12, 5111.88, 5115.06, 5119.071, 5119.611,	63
5120.03, 5123.08, 5126.01, 5126.02, 5126.024, 5126.029, 5126.0210,	64
5126.0211, 5126.0212, 5126.0213, 5126.0214, 5126.0220, 5126.0221,	65
5126.0222, 5126.0223, 5126.0224, 5126.0225, 5126.031, 5126.034,	66
5126.037, 5139.02, 5502.62, 5537.01, 5537.02, 5537.03, 5537.10,	67
5537.17, 5537.24, 5537.26, 5537.27, 5537.28, 5701.11, 5709.87,	68
5725.31, 5727.84, 5729.07, 5733.42, 5739.01, 5739.09, 5741.101,	69
5747.39, 5748.01, 5751.01, 5751.011, 5751.033, 5910.03, and	70
5919.31 be amended; that Section 206.09.84 of Am. Sub. H.B. 66 of	71
the 126th General Assembly, as amended by Am. Sub. H.B. 530 of the	72
126th General Assembly, be amended and that Section 206.09.84 of	73
Am. Sub. H.B. 66 of the 126th General Assembly, as amended by Am.	74
Sub. H.B. 530 of the 126th General Assembly, be amended for the	75
purpose of codifying it as section 3310.41 of the Revised Code and	76
sections 121.482, 184.191, 3333.34, 5533.75, 5709.083, 5713.051,	77
5748.021, and 5748.081 of the Revised Code be enacted to read as	78
follows:	79

Sec. 3.21. ASubject to any section of the Revised Code that	80
prescribes the form of an oath, a person may be sworn in any form	81
hethe person deems binding on histhe person's conscience.	82

Sec. 3.23.  The oath of office of each judge of a court of	83
record shall be to support the constitution of the United States	84
and the constitution of this state, to administer justice without	85
respect to persons, and faithfully and impartially to discharge	86
and perform all the duties incumbent on himthe person as such	87
judge, according to the best of histhe person's ability and	88
understanding. The oath of office of every other officer, deputy,	89
or clerk shall be to support the constitution of the United States	90
and the constitution of this state, and faithfully to discharge	91
the duties of histhe office.	92

Except for justices of the supreme court as provided in	93
section 2701.05 of the Revised Code, each judge of a court of	94
record shall take the oath of office on or before the first day of	95
the judge's official term. The judge shall transmit a certificate	96
of oath, signed by the person administering the oath, to the clerk	97
of the respective court and shall transmit a copy of the	98
certificate of oath to the supreme court. The certificate of oath	99
shall state the term of office for that judge, including the	100
beginning and ending dates of that term. If the certificate of	101
oath is not transmitted to the clerk of the court within twenty	102
days from the first day of the judge's official term, the judge is	103
deemed to have refused to accept the office, and that office shall	104
be considered vacant. The clerk of the court forthwith shall	105
certify that fact to the governor and the governor shall fill the	106
vacancy.	107

The oath of office of a judge under this section shall be	108
taken in a form that is substantially similar to the following:	109

"I, (name), do solemnly swear that I will support the	110
Constitution of the United States and the Constitution of Ohio,	111
will administer justice without respect to persons, and will	112
faithfully and impartially discharge and perform all of the duties	113
incumbent upon me as (name of office) according to the best of my	114
ability and understanding. [This I do as I shall answer unto	115
God.]"	116

Sec. 5.10.  All official seals shall have engraved thereon	117
the coat of arms of the state, as described in section 5.04 of the	118
Revised Code.	119

The great seal of the state shall be two and one-half inches	120
in diameter and shall consist of the coat of arms of the state	121
within a circle having a diameter of one and three-fourths inches,	122
surrounded by the words "THE GREAT SEAL OF THE STATE OF OHIO" in	123
news gothic capitals. The great seal of the state shall correspond	124
substantially with the following design:	125

The design of the great seal shall not be reproduced, except	127
as required by any provision of the Ohio Constitution and the	128
Revised Code, unless permission to do so is first obtained from	129
the governor. The governor may authorize reproduction of the	130
design of the great seal when the purpose is to:	131

(A) Permit publication of a reproduction of the great seal of	132
the state of Ohio;	133

(B) Aid educational or historical programs;

134

(C) Promote the economic or cultural development of the state	135
in a manner deemed appropriate by the governor.	136

A permanent record shall be kept in the governor's office of	137
each permit to reproduce the design of the great seal.	138

No person shall use or permit to be used any reproduction or	139
facsimile of the great seal or a counterfeit or nonofficial	140
version of the great seal for any purpose not authorized by the	141
governor.	142

The seal of the supreme court shall consist of the coat of	143
arms of the state within a circle one and three-fourthsone-half	144
inches in diameter and shall be surrounded by the words "THE	145
SUPREME COURT OF THE STATE OF OHIO."	146

The seal of each court of appeals, court of common pleas, and	147
probate court shall consist of the coat of arms of the state	148
within a circle one and one-fourth inches in diameter, and each	149
seal shall be surrounded by the words "COURT OF APPEALS,	150
................ County, Ohio"; "COMMON PLEAS COURT,	151
................ County, Ohio"; or "PROBATE COURT,	152
................ County, Ohio."	153

(Insert the name of the proper county.)

154

The seals of all other courts of record shall be of the same	155
size as the seal of the court of common pleas, and each shall be	156
surrounded by the proper name of the court.	157

The seal of the secretary 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
SECRETARY OF STATE OF OHIO."	161

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

The seal of the treasurer of state shall consist of the coat	166
of 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
TREASURER OF STATE OF OHIO."	169

The seal of the lieutenant governor shall consist of the coat	170
of arms of the state within a circle one and one-fourth inches in	171
diameter and shall be surrounded by the words "THE SEAL OF THE	172
LIEUTENANT GOVERNOR OF STATE OF OHIO."	173

The seal of the attorney general shall consist of the coat of	174
arms of the state within a circle one and one-fourth inches in	175
diameter and shall be surrounded by the words "THE SEAL OF THE	176
ATTORNEY GENERAL OF STATE OF OHIO."	177

The seal of each benevolent institution shall consist of the	178
coat of arms of the state within a circle one and one-fourth	179
inches in diameter and shall be surrounded by the proper name of	180
the institution.	181

The seals of all other state, county, and municipal agencies,	182
divisions, boards and commissions shall consist of the coat of	183
arms of the state within a circle one and one-fourth inches in	184
diameter and shall be surrounded by the proper name of the office.	185

All seals mentioned in this section shall contain the words	186
and devices mentioned in this section and no other.	187

Sec. 9.37.  (A) As used in this section, "public official"	188
means any elected or appointed officer, employee, or agent of the	189
state, any state institution of higher education, any political	190
subdivision, board, commission, bureau, or other public body	191
established by law. "State institution of higher education" means	192
any state university or college as defined in division (A)(1) of	193
section 3345.12 of the Revised Code, community college, state	194
community college, university branch, or technical college.	195

(B) Except as provided in division (F) of this section, any	196
public official may make by direct deposit of funds by electronic	197
transfer, if the payee provides a written authorization	198
designating a financial institution and an account number to which	199
the payment is to be credited, any payment such public official is	200
permitted or required by law in the performance of official duties	201
to make by issuing a check or warrant.	202

(C) Such public official may contract with a financial	203
institution for the services necessary to make direct deposits and	204
draw lump-sum checks or warrants payable to that institution in	205
the amount of the payments to be transferred.	206

(D) Before making any direct deposit as authorized under this	207
section, the public official shall ascertain that the account from	208
which the payment is to be made contains sufficient funds to cover	209
the amount of the payment.	210

(E) If the issuance of checks and warrants by a public	211
official requires authorization by a governing board, commission,	212
bureau, or other public body having jurisdiction over the public	213
official, the public official may only make direct deposits and	214
contracts under this section pursuant to a resolution of	215
authorization duly adopted by such governing board, commission,	216
bureau, or other public body.	217

(F) Pursuant to sections 307.55, 319.16, and 321.15 of the	218
Revised Code, a county auditor may issue, and a county treasurer	219
may redeem, electronic warrants authorizing direct deposit for	220
payment of county obligations in accordance with rules adopted by	221
the auditordirector of statebudget and management pursuant to	222
section 117.20Chapter 119. of the Revised Code.	223

Sec. 101.34.  (A) There is hereby created a joint legislative	224
ethics committee to serve the general assembly. The committee	225
shall be composed of twelve members, six each from the two major	226
political parties, and each member shall serve on the committee	227
during the member's term as a member of that general assembly. Six	228
members of the committee shall be members of the house of	229
representatives appointed by the speaker of the house of	230
representatives, not more than three from the same political	231
party, and six members of the committee shall be members of the	232
senate appointed by the president of the senate, not more than	233
three from the same political party. A vacancy in the committee	234
shall be filled for the unexpired term in the same manner as an	235
original appointment. The members of the committee shall be	236
appointed within fifteen days after the first day of the first	237
regular session of each general assembly and the committee shall	238
meet and proceed to recommend an ethics code not later than thirty	239
days after the first day of the first regular session of each	240
general assembly.	241

In the first regular session of each general assembly, the	242
speaker of the house of representatives shall appoint the	243
chairperson of the committee from among the house members of the	244
committee, and the president of the senate shall appoint the	245
vice-chairperson of the committee from among the senate members of	246
the committee. In the second regular session of each general	247
assembly, the president of the senate shall appoint the	248
chairperson of the committee from among the senate members of the	249
committee, and the speaker of the house of representatives shall	250
appoint the vice-chairperson of the committee from among the house	251
members of the committee. The chairperson, vice-chairperson, and	252
members of the committee shall serve until their respective	253
successors are appointed or until they are no longer members of	254
the general assembly.	255

The committee shall meet at the call of the chairperson or	256
upon the written request of seven members of the committee.	257

(B) The joint legislative ethics committee:

258

(1) Shall recommend a code of ethics that is consistent with	259
law to govern all members and employees of each house of the	260
general assembly and all candidates for the office of member of	261
each house;	262

(2) May receive and hear any complaint that alleges a breach	263
of any privilege of either house, or misconduct of any member,	264
employee, or candidate, or any violation of the appropriate code	265
of ethics;	266

(3) May obtain information with respect to any complaint	267
filed pursuant to this section and to that end may enforce the	268
attendance and testimony of witnesses, and the production of books	269
and papers;	270

(4) May recommend whatever sanction is appropriate with	271
respect to a particular member, employee, or candidate as will	272
best maintain in the minds of the public a good opinion of the	273
conduct and character of members and employees of the general	274
assembly;	275

(5) May recommend legislation to the general assembly	276
relating to the conduct and ethics of members and employees of and	277
candidates for the general assembly;	278

(6) Shall employ an executive director for the committee and	279
may employ other staff as the committee determines necessary to	280
assist it in exercising its powers and duties. The executive	281
director and staff of the committee shall be known as the office	282
of legislative inspector general. At least one member of the staff	283
of the committee shall be an attorney at law licensed to practice	284
law in this state. The appointment and removal of the executive	285
director shall require the approval of at least eight members of	286
the committee.	287

(7) May employ a special counsel to assist the committee in	288
exercising its powers and duties. The appointment and removal of a	289
special counsel shall require the approval of at least eight	290
members of the committee.	291

(8) Shall act as an advisory body to the general assembly and	292
to individual members, candidates, and employees on questions	293
relating to ethics, possible conflicts of interest, and financial	294
disclosure;	295

(9) Shall provide for the proper forms on which a statement	296
required pursuant to section 102.02 or 102.021 of the Revised Code	297
shall be filed and instructions as to the filing of the statement;	298

(10) Exercise the powers and duties prescribed under sections	299
101.70 to 101.79, sections 101.90 to 101.98, Chapter 102., and	300
sections 121.60 to 121.69 of the Revised Code;	301

(11) Adopt, in accordance with section 111.15 of the Revised	302
Code, any rules that are necessary to implement and clarify	303
Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code.	304

(C) There is hereby created in the state treasury the joint	305
legislative ethics committee fund. All money collected from	306
registration fees and late filing fees prescribed under sections	307
101.72, 101.92, and 121.62 of the Revised Code shall be deposited	308
into the state treasury to the credit of the fund. Money credited	309
to the fund and any interest and earnings from the fund shall be	310
used solely for the operation of the joint legislative ethics	311
committee and the office of legislative inspector general and for	312
the purchase of data storage and computerization facilities for	313
the statements filed with the committee under sections 101.73,	314
101.74, 101.93, 101.94, 121.63, and 121.64 of the Revised Code.	315

(D) The chairperson of the joint legislative ethics committee	316
shall issue a written report, not later than the thirty-first day	317
of January of each year, to the speaker and minority leader of the	318
house of representatives and to the president and minority leader	319
of the senate that lists the number of committee meetings and	320
investigations the committee conducted during the immediately	321
preceding calendar year and the number of advisory opinions it	322
issued during the immediately preceding calendar year.	323

(E) Any investigative report that contains facts and findings	324
regarding a complaint filed with the joint legislative ethics	325
committee and that is prepared by the staff of the committee or a	326
special counsel to the committee shall become a public record upon	327
its acceptance by a vote of the majority of the members of the	328
committee, except for any names of specific individuals and	329
entities contained in the report. If the committee recommends	330
disciplinary action or reports its findings to the appropriate	331
prosecuting authority for proceedings in prosecution of the	332
violations alleged in the complaint, the investigatory report	333
regarding the complaint shall become a public record in its	334
entirety.	335

(F)(1) Any file obtained by or in the possession of the	336
former house ethics committee or former senate ethics committee	337
shall become the property of the joint legislative ethics	338
committee. Any such file is confidential if either of the	339
following applies:	340

(a) It is confidential under section 102.06 of the Revised	341
Code or the legislative code of ethics.	342

(b) If the file was obtained from the former house ethics	343
committee or from the former senate ethics committee, it was	344
confidential under any statute or any provision of a code of	345
ethics that governed the file.	346

(2) As used in this division, "file" includes, but is not	347
limited to, evidence, documentation, or any other tangible thing.	348

Sec. 101.72.  (A) Each legislative agent and employer, within	349
ten days following an engagement of a legislative agent, shall	350
file with the joint legislative ethics committee an initial	351
registration statement showing all of the following:	352

(1) The name, business address, and occupation of the	353
legislative agent;	354

(2) The name and business address of the employer and the	355
real party in interest on whose behalf the legislative agent is	356
actively advocating, if it is different from the employer. For the	357
purposes of division (A) of this section, where a trade	358
association or other charitable or fraternal organization that is	359
exempt from federal income taxation under subsection 501(c) of the	360
federal Internal Revenue Code is the employer, the statement need	361
not list the names and addresses of each member of the association	362
or organization, so long as the association or organization itself	363
is listed.	364

(3) A brief description of the type of legislation to which	365
the engagement relates.	366

(B) In addition to the initial registration statement	367
required by division (A) of this section, each legislative agent	368
and employer shall file with the joint committee, not later than	369
the last day of January, May, and September of each year, an	370
updated registration statement that confirms the continuing	371
existence of each engagement described in an initial registration	372
statement and that lists the specific bills or resolutions on	373
which the agent actively advocated under that engagement during	374
the period covered by the updated statement, and with it any	375
statement of expenditures required to be filed by section 101.73	376
of the Revised Code and any details of financial transactions	377
required to be filed by section 101.74 of the Revised Code.	378

(C) If a legislative agent is engaged by more than one	379
employer, the agent shall file a separate initial and updated	380
registration statement for each engagement. If an employer engages	381
more than one legislative agent, the employer need file only one	382
updated registration statement under division (B) of this section,	383
which shall contain the information required by division (B) of	384
this section regarding all of the legislative agents engaged by	385
the employer.	386

(D)(1) A change in any information required by division	387
(A)(1), (2), or (B) of this section shall be reflected in the next	388
updated registration statement filed under division (B) of this	389
section.	390

(2) Within thirty days after the termination of an	391
engagement, the legislative agent who was employed under the	392
engagement shall send written notification of the termination to	393
the joint committee.	394

(E) Except as otherwise provided in this division, a	395
registration fee of twenty-five dollars shall be charged for	396
filing an initial registration statement. All money collected from	397
registration fees under this division and late filing fees under	398
division (G) of this section shall be deposited into the general	399
revenue fund of the state treasury to the credit of the joint	400
legislative ethics committee fund created under section 101.34 of	401
the Revised Code.	402

An officer or employee of a state agency who actively	403
advocates in a fiduciary capacity as a representative of that	404
state agency need not pay the registration fee prescribed by this	405
division or file expenditure statements under section 101.73 of	406
the Revised Code. As used in this division, "state agency" does	407
not include a state institution of higher education as defined in	408
section 3345.011 of the Revised Code.	409

(F) Upon registration pursuant to division (A) of this	410
section, the legislative agent shall be issued a card by the joint	411
committee showing that the legislative agent is registered. The	412
registration card and the legislative agent's registration shall	413
be valid from the date of their issuance until the next	414
thirty-first day of December of an even-numbered year.	415

(G) The executive director of the joint committee shall be	416
responsible for reviewing each registration statement filed with	417
the joint committee under this section and for determining whether	418
the statement contains all of the information required by this	419
section. If the joint committee determines that the registration	420
statement does not contain all of the required information or that	421
a legislative agent or employer has failed to file a registration	422
statement, the joint committee shall send written notification by	423
certified mail to the person who filed the registration statement	424
regarding the deficiency in the statement or to the person who	425
failed to file the registration statement regarding the failure.	426
Any person so notified by the joint committee shall, not later	427
than fifteen days after receiving the notice, file a registration	428
statement or an amended registration statement that does contain	429
all of the information required by this section. If any person who	430
receives a notice under this division fails to file a registration	431
statement or such an amended registration statement within this	432
fifteen-day period, the joint committee shall assess a late filing	433
fee equal to twelve dollars and fifty cents per day, up to a	434
maximum of one hundred dollars, upon that person. The joint	435
committee may waive the late filing fee for good cause shown.	436

(H) On or before the fifteenth day of March of each year, the	437
joint committee shall, in the manner and form that it determines,	438
publish a report containing statistical information on the	439
registration statements filed with it under this section during	440
the preceding year.	441

Sec. 101.83.  (A) An agency in existence on January 1, 2005,	442
shall expire on December 31, 2010, unless the agency is renewed in	443
accordance with division (D) of this section and, if so renewed,	444
shall expire thereafter on the thirty-first day of December of the	445
fourth year after the year in which it was most recently renewed	446
unless the agency is renewed in accordance with division (D) of	447
this section. An agency created after January 1, 2005, that is	448
created on the thirty-first day of December shall expire not later	449
than four years after its creation, unless the agency is renewed	450
in accordance with division (D) of this section. An agency created	451
after January 1, 2005, that is created on any other date shall be	452
considered for the purpose of this section to have been created on	453
the preceding thirty-first day of December, and the agency shall	454
expire not later than four years after the date it was considered	455
to have been created, unless the agency is renewed in accordance	456
with division (D) of this section. Any act creating or renewing an	457
agency shall contain a distinct section providing a specific	458
expiration date for the agency in accordance with this division.	459

(B) If the general assembly does not renew or transfer an	460
agency on or before its expiration date, it shall expire on that	461
date.	462

The auditordirector of statebudget and management shall not	463
authorize the expenditure of any moneys for any agency on or after	464
the date of its expiration.	465

(C) The general assembly may provide by law for the orderly,	466
efficient, and expeditious conclusion of an agency's business and	467
operation. The rules, orders, licenses, contracts, and other	468
actions made, taken, granted, or performed by the agency shall	469
continue in effect according to their terms notwithstanding the	470
agency's abolition, unless the general assembly provides otherwise	471
by law. The general assembly may provide by law for the temporary	472
or permanent transfer of some or all of a terminated or	473
transferred agency's functions and personnel to a successor agency	474
or officer.	475

The abolition, termination, or transfer of an agency shall	476
not cause the termination or dismissal of any claim pending	477
against the agency by any person, or any claim pending against any	478
person by the agency. Unless the general assembly provides	479
otherwise by law for the substitution of parties, the attorney	480
general shall succeed the agency with reference to any pending	481
claim.	482

(D) An agency may be renewed by passage of a bill that	483
continues the statutes creating and empowering the agency, that	484
amends or repeals those statutes, or that enacts new statutes, to	485
improve agency usefulness, performance, or effectiveness.	486

Sec. 101.92.  (A) Each retirement system lobbyist and each	487
employer shall file with the joint legislative ethics committee,	488
within ten days following the engagement of a retirement system	489
lobbyist, an initial registration statement showing all of the	490
following:	491

(1) The name, business address, and occupation of the	492
retirement system lobbyist;	493

(2) The name and business address of the employer or of the	494
real party in interest on whose behalf the retirement system	495
lobbyist is acting, if it is different from the employer. For the	496
purposes of division (A) of this section, where a trade	497
association or other charitable or fraternal organization that is	498
exempt from federal income taxation under subsection 501(c) of the	499
federal Internal Revenue Code is the employer, the statement need	500
not list the names and addresses of every member of the	501
association or organization, so long as the association or	502
organization itself is listed.	503

(3) A brief description of the retirement system decision to	504
which the engagement relates;	505

(4) The name of the retirement system or systems to which the	506
engagement relates.	507

(B) In addition to the initial registration statement	508
required by division (A) of this section, each retirement system	509
lobbyist and employer shall file with the joint committee, not	510
later than the last day of January, May, and September of each	511
year, an updated registration statement that confirms the	512
continuing existence of each engagement described in an initial	513
registration statement and that lists the specific retirement	514
system decisions that the lobbyist sought to influence under the	515
engagement during the period covered by the updated statement, and	516
with it any statement of expenditures required to be filed by	517
section 101.93 of the Revised Code and any details of financial	518
transactions required to be filed by section 101.94 of the Revised	519
Code.	520

(C) If a retirement system lobbyist is engaged by more than	521
one employer, the lobbyist shall file a separate initial and	522
updated registration statement for each engagement. If an employer	523
engages more than one retirement system lobbyist, the employer	524
need file only one updated registration statement under division	525
(B) of this section, which shall contain the information required	526
by division (B) of this section regarding all of the retirement	527
system lobbyists engaged by the employer.	528

(D)(1) A change in any information required by division	529
(A)(1), (2), or (B) of this section shall be reflected in the next	530
updated registration statement filed under division (B) of this	531
section.	532

(2) Within thirty days following the termination of an	533
engagement, the executive agencyretirement system lobbyist who	534
was employed under the engagement shall send written notification	535
of the termination to the joint committee.	536

(E) A registration fee of twenty-five dollars shall be	537
charged for filing an initial registration statement. All money	538
collected from this feeregistration fees under this division and	539
late filing fees under division (G) of this section shall be	540
deposited into the general revenue fund of the state treasury to	541
the credit of the joint legislative ethics committee fund created	542
under section 101.34 of the Revised Code.	543

(F) Upon registration pursuant to this section, a retirement	544
system lobbyist shall be issued a card by the joint committee	545
showing that the lobbyist is registered. The registration card and	546
the retirement system lobbyist's registration shall be valid from	547
the date of their issuance until the thirty-first day of January	548
of the year following the year in which the initial registration	549
was filed.	550

(G) The executive director of the joint committee shall be	551
responsible for reviewing each registration statement filed with	552
the joint committee under this section and for determining whether	553
the statement contains all of the required information. If the	554
joint committee determines that the registration statement does	555
not contain all of the required information or that a retirement	556
system lobbyist or employer has failed to file a registration	557
statement, the joint committee shall send written notification by	558
certified mail to the person who filed the registration statement	559
regarding the deficiency in the statement or to the person who	560
failed to file the registration statement regarding the failure.	561
Any person so notified by the joint committee shall, not later	562
than fifteen days after receiving the notice, file a registration	563
statement or an amended registration statement that contains all	564
of the required information. If any person who receives a notice	565
under this division fails to file a registration statement or such	566
an amended registration statement within this fifteen-day period,	567
the joint committee shall assess a late filing fee equal to twelve	568
dollars and fifty cents per day, up to a maximum fee of one	569
hundred dollars, upon that person. The joint committee may waive	570
the late filing fee for good cause shown.	571

(H) On or before the fifteenth day of March of each year, the	572
joint committee shall, in the manner and form that it determines,	573
publish a report containing statistical information on the	574
registration statements filed with it under this section during	575
the preceding year.	576

(I) If an employer who engages a retirement system lobbyist	577
is the recipient of a contract, grant, lease, or other financial	578
arrangement pursuant to which funds of the state or of a	579
retirement system are distributed or allocated, the executive	580
agency or any aggrieved party may consider the failure of the	581
employer or the retirement system lobbyist to comply with this	582
section as a breach of a material condition of the contract,	583
grant, lease, or other financial arrangement.	584

(J) Retirement system officials may require certification	585
from any person seeking the award of a contract, grant, lease, or	586
financial arrangement that the person and the person's employer	587
are in compliance with this section.	588

Sec. 107.40.  (A) There is hereby created the governor's	589
residence advisory commission. The commission shall provide for	590
the preservation, restoration, acquisition, and conservation of	591
all decorations, objects of art, chandeliers, china, silver,	592
statues, paintings, furnishings, accouterments, and other	593
aesthetic materials that have been acquired, donated, loaned, or	594
otherwise obtained by the state for the governor's residence and	595
that have been approved by the commission. In addition, the	596
commission shall provide for the maintenance of plants that have	597
been acquired, donated, loaned, or otherwise obtained by the state	598
for the governor's residence and that have been approved by the	599
commission.	600

(B) The commission shall be responsible for the care,	601
provision, repair, and placement of furnishings and other objects	602
and accessories of the grounds and public areas of the first story	603
of the governor's residence and for the care and placement of	604
plants on the grounds. In exercising this responsibility, the	605
commission shall preserve and seek to further establish bothall	606
of the following:	607

(1) The authentic ambiance and decor of the historic era	608
during which the governor's residence was constructed;	609

(2) The grounds as a representation of Ohio's natural	610
ecosystems;	611

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

612

(a) To preserve, sustain, and encourage the use of native	613
flora throughout the state;	614

(b) To replicate the state's physiographic regions, plant	615
communities, and natural landscapes;	616

(c) To serve as an educational garden that demonstrates the	617
artistic, industrial, political, horticultural, and geologic	618
history of the state through the use of plants;	619

(d) To serve as a reservoir of rare species of plants from	620
the physiographic regions of the state.	621

These duties shall not affect the obligation of the	622
department of administrative services to provide for the general	623
maintenance and operating expenses of the governor's residence.	624

(C) The commission shall consist of eleven members. One	625
member shall be the director of administrative services or the	626
director's designee, who shall serve during the director's term of	627
office and shall serve as chairperson. One member shall be the	628
director of the Ohio historical society or the director's	629
designee, who shall serve during the director's term of office and	630
shall serve as vice-chairperson. One member shall represent the	631
Columbus landmarks foundation. One member shall represent the	632
Bexley historical society. One member shall be the mayor of the	633
city of Bexley, who shall serve during the mayor's term of office.	634
One member shall be the chief executive officer of the Franklin	635
park conservatory joint recreation district, who shall serve	636
during the term of employment as chief executive officer. The	637
remaining five members shall be appointed by the governor with the	638
advice and consent of the senate. The five members appointed by	639
the governor shall be persons with knowledge of Ohio history,	640
architecture, decorative arts, or historic preservation, and one	641
of those members shall have knowledge of landscape architecture,	642
garden design, horticulture, and plants native to this state.	643

(D) Of the initial appointees, the representative of the	644
Columbus landmarks foundation shall serve for a term expiring	645
December 31, 1996, and the representative of the Bexley historical	646
society shall serve for a term expiring December 31, 1997. Of the	647
five members appointed by the governor, three shall serve for	648
terms ending December 31, 1998, and two shall serve for terms	649
ending December 31, 1999. Thereafter, each term shall be for four	650
years, commencing on the first day of January and ending on the	651
last day of December. The member having knowledge of landscape	652
architecture, garden design, horticulture, and plants native to	653
this state initially shall be appointed upon the first vacancy on	654
the commission occurring on or after the effective date of this	655
amendmentJune 30, 2006.	656

Each member shall hold office from the date of the member's	657
appointment until the end of the term for which the member was	658
appointed. Any member appointed to fill a vacancy occurring prior	659
to the end of the term for which the member's predecessor was	660
appointed shall hold office for the remainder of the term. Any	661
member shall continue in office subsequent to the expiration of	662
the term until the member's successor takes office.	663

(E) Six members of the commission constitute a quorum, and	664
the affirmative vote of six members is required for approval of	665
any action by the commission.	666

(F) After each initial member of the commission has been	667
appointed, the commission shall meet and select one member as	668
secretary and another as treasurer. Organizational meetings of the	669
commission shall be held at the time and place designated by call	670
of the chairperson. Meetings of the commission may be held	671
anywhere in the state and shall be in compliance with Chapters	672
121. and 149. of the Revised Code. The commission may adopt,	673
pursuant to section 111.15 of the Revised Code, rules necessary to	674
carry out the purposes of this section.	675

(G) Members of the commission shall serve without	676
remuneration, but shall be compensated for actual and necessary	677
expenses incurred in the performance of their official duties.	678

(H) All expenses incurred in carrying out this section are	679
payable solely from money accrued under this section or	680
appropriated for these purposes by the general assembly, and the	681
commission shall incur no liability or obligation beyond such	682
money.	683

(I) The commission may accept any donation, gift, bequest, or	684
devise for the governor's residence or as an endowment for the	685
maintenance and care of the garden on the grounds of the	686
governor's residence in furtherance of its duties. Any revenue	687
received by the commission shall be deposited into the governor's	688
residence fund, which is hereby established in the state treasury,	689
for use by the commission in accordance with the performance of	690
its duties. All investment earnings of the fund shall be credited	691
to the fund. Title to all property acquired by the commission	692
shall be taken in the name of the state and shall be held for the	693
use and benefit of the commission.	694

(J) Nothing in this section limits the ability of a person or	695
other entity to purchase decorations, objects of art, chandeliers,	696
china, silver, statues, paintings, furnishings, accouterments,	697
plants, or other aesthetic materials for placement in the	698
governor's residence or on the grounds of the governor's residence	699
or donation to the commission. No such object or plant, however,	700
shall be placed on the grounds or public areas of the first story	701
of the governor's residence without the consent of the commission.	702

(K) The heritage garden established under this section shall	703
be officially known as "the heritage garden at the Ohio governor's	704
residence."	705

(L) As used in this section, "heritage garden" means the	706
botanical garden of native plants established at the governor's	707
residence.	708

Sec. 121.482. Money the inspector general receives pursuant	709
to court orders or settlements shall be deposited into the state	710
treasury to the credit of the general revenue fund.	711

Sec. 121.62.  (A) Each executive agency lobbyist and each	712
employer shall file with the joint legislative ethics committee,	713
within ten days following the engagement of an executive agency	714
lobbyist, an initial registration statement showing all of the	715
following:	716

(1) The name, business address, and occupation of the	717
executive agency lobbyist;	718

(2) The name and business address of the employer or of the	719
real party in interest on whose behalf the executive agency	720
lobbyist is acting, if it is different from the employer. For the	721
purposes of division (A) of this section, where a trade	722
association or other charitable or fraternal organization that is	723
exempt from federal income taxation under subsection 501(c) of the	724
federal Internal Revenue Code is the employer, the statement need	725
not list the names and addresses of every member of the	726
association or organization, so long as the association or	727
organization itself is listed.	728

(3) A brief description of the executive agency decision to	729
which the engagement relates;	730

(4) The name of the executive agency or agencies to which the	731
engagement relates.	732

(B) In addition to the initial registration statement	733
required by division (A) of this section, each executive agency	734
lobbyist and employer shall file with the joint committee, not	735
later than the last day of January, May, and September of each	736
year, an updated registration statement that confirms the	737
continuing existence of each engagement described in an initial	738
registration statement and that lists the specific executive	739
agency decisions that the lobbyist sought to influence under the	740
engagement during the period covered by the updated statement, and	741
with it any statement of expenditures required to be filed by	742
section 121.63 of the Revised Code and any details of financial	743
transactions required to be filed by section 121.64 of the Revised	744
Code.	745

(C) If an executive agency lobbyist is engaged by more than	746
one employer, the lobbyist shall file a separate initial and	747
updated registration statement for each engagement. If an employer	748
engages more than one executive agency lobbyist, the employer need	749
file only one updated registration statement under division (B) of	750
this section, which shall contain the information required by	751
division (B) of this section regarding all of the executive agency	752
lobbyists engaged by the employer.	753

(D)(1) A change in any information required by division	754
(A)(1), (2), or (B) of this section shall be reflected in the next	755
updated registration statement filed under division (B) of this	756
section.	757

(2) Within thirty days following the termination of an	758
engagement, the executive agency lobbyist who was employed under	759
the engagement shall send written notification of the termination	760
to the joint committee.	761

(E) A registration fee of twenty-five dollars shall be	762
charged for filing an initial registration statement. All money	763
collected from this feeregistration fees under this division and	764
late filing fees under division (G) of this section shall be	765
deposited into the general revenue fund of the state treasury to	766
the credit of the joint legislative ethics committee fund created	767
under section 101.34 of the Revised Code.	768

(F) Upon registration pursuant to this section, an executive	769
agency lobbyist shall be issued a card by the joint committee	770
showing that the lobbyist is registered. The registration card and	771
the executive agency lobbyist's registration shall be valid from	772
the date of their issuance until the thirty-first day of January	773
of the year following the year in which the initial registration	774
was filed.	775

(G) The executive director of the joint committee shall be	776
responsible for reviewing each registration statement filed with	777
the joint committee under this section and for determining whether	778
the statement contains all of the required information. If the	779
joint committee determines that the registration statement does	780
not contain all of the required information or that an executive	781
agency lobbyist or employer has failed to file a registration	782
statement, the joint committee shall send written notification by	783
certified mail to the person who filed the registration statement	784
regarding the deficiency in the statement or to the person who	785
failed to file the registration statement regarding the failure.	786
Any person so notified by the joint committee shall, not later	787
than fifteen days after receiving the notice, file a registration	788
statement or an amended registration statement that contains all	789
of the required information. If any person who receives a notice	790
under this division fails to file a registration statement or such	791
an amended registration statement within this fifteen-day period,	792
the joint committee shall assess a late filing fee equal to twelve	793
dollars and fifty cents per day, up to a maximum fee of one	794
hundred dollars, upon that person. The joint committee may waive	795
the late filing fee for good cause shown.	796

(H) On or before the fifteenth day of March of each year, the	797
joint committee shall, in the manner and form that it determines,	798
publish a report containing statistical information on the	799
registration statements filed with it under this section during	800
the preceding year.	801

(I) If an employer who engages an executive agency lobbyist	802
is the recipient of a contract, grant, lease, or other financial	803
arrangement pursuant to which funds of the state or of an	804
executive agency are distributed or allocated, the executive	805
agency or any aggrieved party may consider the failure of the	806
employer or the executive agency lobbyist to comply with this	807
section as a breach of a material condition of the contract,	808
grant, lease, or other financial arrangement.	809

(J) Executive agency officials may require certification from	810
any person seeking the award of a contract, grant, lease, or	811
financial arrangement that the person and the person's employer	812
are in compliance with this section.	813

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

814

(1) "Full-time employee" means an individual who is employed	815
for consideration for at least an average of thirty-five hours a	816
week, or who renders any other standard of service generally	817
accepted by custom or specified by contract as full-time	818
employment, or who is employed for consideration for such time or	819
renders such service but is on active duty reserve or Ohio	820
national guard service.	821

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

822

(a) A full-time employee first employed by a taxpayer in the	823
project that is the subject of the agreement after the taxpayer	824
enters into a tax credit agreement with the tax credit authority	825
under this section;	826

(b) A full-time employee first employed by a taxpayer in the	827
project that is the subject of the tax credit after the tax credit	828
authority approves a project for a tax credit under this section	829
in a public meeting, as long as the taxpayer enters into the tax	830
credit agreement prepared by the department of development after	831
such meeting within sixty days after receiving the agreement from	832
the department. If the taxpayer fails to enter into the agreement	833
within sixty days, "new employee" has the same meaning as under	834
division (A)(2)(a) of this section. A full-time employee may be	835
considered a "new employee" of a taxpayer, despite previously	836
having been employed by a related member of the taxpayer, if all	837
of the following apply:	838

(i) The related member is a party to the tax credit agreement	839
at the time the employee is first employed with the taxpayer;	840

(ii) The related member will remain subject to the tax	841
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied	842
under Chapter 5751. of the Revised Code for the remainder of the	843
term of the tax credit, and the tax credit is taken against	844
liability for that same tax through the remainder of the term of	845
the tax credit; and	846

(iii) The employee was considered a new employee of the	847
related member prior to employment with the taxpayer.	848

Under division (A)(2)(a) or (b) of this section, if the tax	849
credit authority determines it appropriate, "new employee" also	850
may include an employee re-hired or called back from lay-off to	851
work in a new facility or on a new product or service established	852
or produced by the taxpayer after entering into the agreement	853
under this section or after the tax credit authority approves the	854
tax credit in a public meeting. Except as otherwise provided in	855
this paragraph, "new employee" does not include any employee of	856
the taxpayer who was previously employed in this state by a	857
related member of the taxpayer and whose employment was shifted to	858
the taxpayer after the taxpayer entered into the tax credit	859
agreement or after the tax credit authority approved the credit in	860
a public meeting, or any employee of the taxpayer for which the	861
taxpayer has been granted a certificate under division (B) of	862
section 5709.66 of the Revised Code. However, if the taxpayer is	863
engaged in the enrichment and commercialization of uranium or	864
uranium products or is engaged in research and development	865
activities related thereto and if the tax credit authority	866
determines it appropriate, "new employee" may include an employee	867
of the taxpayer who was previously employed in this state by a	868
related member of the taxpayer and whose employment was shifted to	869
the taxpayer after the taxpayer entered into the tax credit	870
agreement or after the tax credit authority approved the credit in	871
a public meeting. "New employee" does not include an employee of	872
the taxpayer who is employed in an employment position that was	873
relocated to a project from other operations of the taxpayer in	874
this state or from operations of a related member of the taxpayer	875
in this state. In addition, "new employee" does not include a	876
child, grandchild, parent, or spouse, other than a spouse who is	877
legally separated from the individual, of any individual who is an	878
employee of the taxpayer and who has a direct or indirect	879
ownership interest of at least five per cent in the profits,	880
capital, or value of the taxpayer. Such ownership interest shall	881
be determined in accordance with section 1563 of the Internal	882
Revenue Code and regulations prescribed thereunder.	883

(3) "New income tax revenue" means the total amount withheld	884
under section 5747.06 of the Revised Code by the taxpayer during	885
the taxable year, or during the calendar year that includes the	886
tax period, from the compensation of new employees for the tax	887
levied under Chapter 5747. of the Revised Code.	888

(4) "Related member" has the same meaning as under division	889
(A)(6) of section 5733.042 of the Revised Code without regard to	890
division (B) of that section.	891

(B) The tax credit authority may make grants under this	892
section to foster job creation in this state. Such a grant shall	893
take the form of a refundable credit allowed against the tax	894
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied	895
under Chapter 5751. of the Revised Code. The credit shall be	896
claimed for the taxable years or tax periods specified in the	897
taxpayer's agreement with the tax credit authority under division	898
(D) of this section. With respect to taxes imposed under section	899
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the	900
credit shall be claimed in the order required under section	901
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of	902
the credit available for a taxable year or for a calendar year	903
that includes a tax period equals the new income tax revenue for	904
that year multiplied by the percentage specified in the agreement	905
with the tax credit authority. Any credit granted under this	906
section against the tax imposed by section 5733.06 or 5747.02 of	907
the Revised Code, to the extent not fully utilized against such	908
tax for taxable years ending prior to 2008, shall automatically be	909
converted without any action taken by the tax credit authority to	910
a credit against the tax levied under Chapter 5751. of the Revised	911
Code for tax periods beginning on or after July 1, 2008, provided	912
that the person to whom the credit was granted is subject to such	913
tax. The converted credit shall apply to those calendar years in	914
which the remaining taxable years specified in the agreement end.	915

(C) A taxpayer or potential taxpayer who proposes a project	916
to create new jobs in this state may apply to the tax credit	917
authority to enter into an agreement for a tax credit under this	918
section. The director of development shall prescribe the form of	919
the application. After receipt of an application, the authority	920
may enter into an agreement with the taxpayer for a credit under	921
this section if it determines all of the following:	922

(1) The taxpayer's project will create new jobs in this	923
state;	924

(2) The taxpayer's project is economically sound and will	925
benefit the people of this state by increasing opportunities for	926
employment and strengthening the economy of this state;	927

(3) Receiving the tax credit is a major factor in the	928
taxpayer's decision to go forward with the project.	929

(D) An agreement under this section shall include all of the	930
following:	931

(1) A detailed description of the project that is the subject	932
of the agreement;	933

(2) The term of the tax credit, which shall not exceed	934
fifteen years, and the first taxable year, or first calendar year	935
that includes a tax period, for which the credit may be claimed;	936

(3) A requirement that the taxpayer shall maintain operations	937
at the project location for at least twice the number of years as	938
the term of the tax credit;	939

(4) The percentage, as determined by the tax credit	940
authority, of new income tax revenue that will be allowed as the	941
amount of the credit for each taxable year or for each calendar	942
year that includes a tax period;	943

(5) A specific method for determining how many new employees	944
are employed during a taxable year or during a calendar year that	945
includes a tax period;	946

(6) A requirement that the taxpayer annually shall report to	947
the director of development the number of new employees, the new	948
income tax revenue withheld in connection with the new employees,	949
and any other information the director needs to perform the	950
director's duties under this section;	951

(7) A requirement that the director of development annually	952
shall verify the amounts reported under division (D)(6) of this	953
section, and after doing so shall issue a certificate to the	954
taxpayer stating that the amounts have been verified;	955

(8)(a) A provision requiring that the taxpayer, except as	956
otherwise provided in division (D)(8)(b) of this section, shall	957
not relocate employment positions from elsewhere in this state to	958
the project site that is the subject of the agreement for the	959
lesser of five years from the date the agreement is entered into	960
or the number of years the taxpayer is entitled to claim the tax	961
credit.	962

(b) The taxpayer may relocate employment positions from	963
elsewhere in this state to the project site that is the subject of	964
the agreement if the director of development determines both of	965
the following:	966

(i) That the site from which the employment positions would	967
be relocated is inadequate to meet market and industry conditions,	968
expansion plans, consolidation plans, or other business	969
considerations affecting the taxpayer;	970

(ii) That the legislative authority of the county, township,	971
or municipal corporation from which the employment positions would	972
be relocated has been notified of the relocation.	973

For purposes of this section, the movement of an employment	974
position from one political subdivision to another political	975
subdivision shall be considered a relocation of an employment	976
position, but the transfer of an individual employee from one	977
political subdivision to another political subdivision shall not	978
be considered a relocation of an employment position as long as	979
the individual's employment position in the first political	980
subdivision is refilled.	981

(E) If a taxpayer fails to meet or comply with any condition	982
or requirement set forth in a tax credit agreement, the tax credit	983
authority may amend the agreement to reduce the percentage or term	984
of the tax credit. The reduction of the percentage or term shall	985
take effect (1) in the taxable year immediately following the	986
taxable year in which the authority amends the agreement or the	987
director of development notifies the taxpayer in writing of such	988
failure, or (2) in the first tax period beginning in the calendar	989
year immediately following the calendar year in which the	990
authority amends the agreement or the director notifies the	991
taxpayer in writing of such failure. If the taxpayer fails to	992
annually report any of the information required by division (D)(6)	993
of this section within the time required by the director, the	994
reduction of the percentage or term may take effect in the current	995
taxable year. If the taxpayer relocates employment positions in	996
violation of the provision required under division (D)(8)(a) of	997
this section, the taxpayer shall not claim the tax credit under	998
section 5733.0610 of the Revised Code for any tax years following	999
the calendar year in which the relocation occurs, or shall not	1000
claim the tax credit under section 5725.32, 5729.032, or 5747.058	1001
of the Revised Code for the taxable year in which the relocation	1002
occurs and any subsequent taxable years, and shall not claim the	1003
tax credit under division (A) of section 5751.50 of the Revised	1004
Code for any tax period in the calendar year in which the	1005
relocation occurs and any subsequent tax periods.	1006

(F) Projects that consist solely of point-of-final-purchase	1007
retail facilities are not eligible for a tax credit under this	1008
section. If a project consists of both point-of-final-purchase	1009
retail facilities and nonretail facilities, only the portion of	1010
the project consisting of the nonretail facilities is eligible for	1011
a tax credit and only the new income tax revenue from new	1012
employees of the nonretail facilities shall be considered when	1013
computing the amount of the tax credit. If a warehouse facility is	1014
part of a point-of-final-purchase retail facility and supplies	1015
only that facility, the warehouse facility is not eligible for a	1016
tax credit. Catalog distribution centers are not considered	1017
point-of-final-purchase retail facilities for the purposes of this	1018
division, and are eligible for tax credits under this section.	1019

(G) Financial statements and other information submitted to	1020
the department of development or the tax credit authority by an	1021
applicant or recipient of a tax credit under this section, and any	1022
information taken for any purpose from such statements or	1023
information, are not public records subject to section 149.43 of	1024
the Revised Code. However, the chairperson of the authority may	1025
make use of the statements and other information for purposes of	1026
issuing public reports or in connection with court proceedings	1027
concerning tax credit agreements under this section. Upon the	1028
request of the tax commissioner or, if the applicant or recipient	1029
is an insurance company, upon the request of the superintendent of	1030
insurance, the chairperson of the authority shall provide to the	1031
commissioner or superintendent any statement or information	1032
submitted by an applicant or recipient of a tax credit in	1033
connection with the credit. The commissioner or superintendent	1034
shall preserve the confidentiality of the statement or	1035
information.	1036

(H) A taxpayer claiming a credit under this section shall	1037
submit to the tax commissioner or, if the taxpayer is an insurance	1038
company, to the superintendent of insurance, a copy of the	1039
director of development's certificate of verification under	1040
division (D)(7) of this section with the taxpayer's tax report or	1041
return for the taxable year or for the calendar year that includes	1042
the tax period. Failure to submit a copy of the certificate with	1043
the report or return does not invalidate a claim for a credit if	1044
the taxpayer submits a copy of the certificate to the commissioner	1045
or superintendent within sixty days after the commissioner or	1046
superintendent requests it.	1047

(I) The director of development, after consultation with the	1048
tax commissioner and the superintendent of insurance and in	1049
accordance with Chapter 119. of the Revised Code, shall adopt	1050
rules necessary to implement this section. The rules may provide	1051
for recipients of tax credits under this section to be charged	1052
fees to cover administrative costs of the tax credit program. At	1053
the time the director gives public notice under division (A) of	1054
section 119.03 of the Revised Code of the adoption of the rules,	1055
the director shall submit copies of the proposed rules to the	1056
chairpersons of the standing committees on economic development in	1057
the senate and the house of representatives.	1058

(J) For the purposes of this section, a taxpayer may include	1059
a partnership, a corporation that has made an election under	1060
subchapter S of chapter one of subtitle A of the Internal Revenue	1061
Code, or any other business entity through which income flows as a	1062
distributive share to its owners. A credit received under this	1063
section by a partnership, S-corporation, or other such business	1064
entity shall be apportioned among the persons to whom the income	1065
or profit of the partnership, S-corporation, or other entity is	1066
distributed, in the same proportions as those in which the income	1067
or profit is distributed.	1068

(K) If the director of development determines that a taxpayer	1069
who has received a credit under this section is not complying with	1070
the requirement under division (D)(3) of this section, the	1071
director shall notify the tax credit authority of the	1072
noncompliance. After receiving such a notice, and after giving the	1073
taxpayer an opportunity to explain the noncompliance, the tax	1074
credit authority may require the taxpayer to refund to this state	1075
a portion of the credit in accordance with the following:	1076

(1) If the taxpayer maintained operations at the project	1077
location for at least one and one-half times the number of years	1078
of the term of the tax credit, an amount not exceeding twenty-five	1079
per cent of the sum of any previously allowed credits under this	1080
section;	1081

(2) If the taxpayer maintained operations at the project	1082
location for at least the number of years of the term of the tax	1083
credit, an amount not exceeding fifty per cent of the sum of any	1084
previously allowed credits under this section;	1085

(3) If the taxpayer maintained operations at the project	1086
location for less than the number of years of the term of the tax	1087
credit, an amount not exceeding one hundred per cent of the sum of	1088
any previously allowed credits under this section.	1089

In determining the portion of the tax credit to be refunded	1090
to this state, the tax credit authority shall consider the effect	1091
of market conditions on the taxpayer's project and whether the	1092
taxpayer continues to maintain other operations in this state.	1093
After making the determination, the authority shall certify the	1094
amount to be refunded to the tax commissioner or superintendent of	1095
insurance, as appropriate. If the amount is certified to the	1096
commissioner, the commissioner shall make an assessment for that	1097
amount against the taxpayer under Chapter 5733., 5747., or 5751.	1098
of the Revised Code. If the amount is certified to the	1099
superintendent, the superintendent shall make an assessment for	1100
that amount against the taxpayer under Chapter 5725. or 5729. of	1101
the Revised Code. The time limitations on assessments under those	1102
chapters do not apply to an assessment under this division, but	1103
the commissioner or superintendent, as appropriate, shall make the	1104
assessment within one year after the date the authority certifies	1105
to the commissioner or superintendent the amount to be refunded.	1106

(L) On or before the thirty-first day of March each year, the	1107
director of development shall submit a report to the governor, the	1108
president of the senate, and the speaker of the house of	1109
representatives on the tax credit program under this section. The	1110
report shall include information on the number of agreements that	1111
were entered into under this section during the preceding calendar	1112
year, a description of the project that is the subject of each	1113
such agreement, and an update on the status of projects under	1114
agreements entered into before the preceding calendar year.	1115

(M) There is hereby created the tax credit authority, which	1116
consists of the director of development and four other members	1117
appointed as follows: the governor, the president of the senate,	1118
and the speaker of the house of representatives each shall appoint	1119
one member who shall be a specialist in economic development; the	1120
governor also shall appoint a member who is a specialist in	1121
taxation. Of the initial appointees, the members appointed by the	1122
governor shall serve a term of two years; the members appointed by	1123
the president of the senate and the speaker of the house of	1124
representatives shall serve a term of four years. Thereafter,	1125
terms of office shall be for four years. Initial appointments to	1126
the authority shall be made within thirty days after January 13,	1127
1993. Each member shall serve on the authority until the end of	1128
the term for which the member was appointed. Vacancies shall be	1129
filled in the same manner provided for original appointments. Any	1130
member appointed to fill a vacancy occurring prior to the	1131
expiration of the term for which the member's predecessor was	1132
appointed shall hold office for the remainder of that term.	1133
Members may be reappointed to the authority. Members of the	1134
authority shall receive their necessary and actual expenses while	1135
engaged in the business of the authority. The director of	1136
development shall serve as chairperson of the authority, and the	1137
members annually shall elect a vice-chairperson from among	1138
themselves. Three members of the authority constitute a quorum to	1139
transact and vote on the business of the authority. The majority	1140
vote of the membership of the authority is necessary to approve	1141
any such business, including the election of the vice-chairperson.	1142

The director of development may appoint a professional	1143
employee of the department of development to serve as the	1144
director's substitute at a meeting of the authority. The director	1145
shall make the appointment in writing. In the absence of the	1146
director from a meeting of the authority, the appointed substitute	1147
shall serve as chairperson. In the absence of both the director	1148
and the director's substitute from a meeting, the vice-chairperson	1149
shall serve as chairperson.	1150

(N) For purposes of the credits granted by this section	1151
against the taxes imposed under sections 5725.18 and 5729.03 of	1152
the Revised Code, "taxable year" means the period covered by the	1153
taxpayer's annual statement to the superintendent of insurance.	1154

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

1155

(1) "Capital investment project" means a plan of investment	1156
at a project site for the acquisition, construction, renovation,	1157
or repair of buildings, machinery, or equipment, or for	1158
capitalized costs of basic research and new product development	1159
determined in accordance with generally accepted accounting	1160
principles, but does not include any of the following:	1161

(a) Payments made for the acquisition of personal property	1162
through operating leases;	1163

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

1164

(c) Payments made to a related member as defined in section	1165
5733.042 of the Revised Code or to an elected consolidated	1166
taxpayer or a combined taxpayer as defined in section 5751.01 of	1167
the Revised Code.	1168

(2) "Eligible business" means a business with Ohio operations	1169
satisfying all of the following:	1170

(a) Employed an average of at least one thousand employees in	1171
full-time employment positions at a project site during each of	1172
the twelve months preceding the application for a tax credit under	1173
this section; and	1174

(b) On or after January 1, 2002, has made payments for the	1175
capital investment project of either of the following:	1176

(i) At least two hundred million dollars in the aggregate at	1177
the project site during a period of three consecutive calendar	1178
years including the calendar year that includes a day of the	1179
taxpayer's taxable year or tax period with respect to which the	1180
credit is granted;	1181

(ii) If the average wage of all full-time employment	1182
positions at the project site is greater than four hundred per	1183
cent of the federal minimum wage, at least one hundred million	1184
dollars in the aggregate at the project site during a period of	1185
three consecutive calendar years including the calendar year that	1186
includes a day of the taxpayer's taxable year or tax period with	1187
respect to which the credit is granted.	1188

(c) Is engaged at the project site primarily as a	1189
manufacturer or is providing significant corporate administrative	1190
functions;	1191

(d) Has had a capital investment project reviewed and	1192
approved by the tax credit authority as provided in divisions (C),	1193
(D), and (E) of this section.	1194

(3) "Full-time employment position" means a position of	1195
employment for consideration for at least an average of	1196
thirty-five hours a week that has been filled for at least one	1197
hundred eighty days immediately preceding the filing of an	1198
application under this section and for at least one hundred eighty	1199
days during each taxable year or each calendar year that includes	1200
a tax period with respect to which the credit is granted, or is	1201
employed in such position for consideration for such time, but is	1202
on active duty reserve or Ohio national guard service.	1203

(4) "Manufacturer" has the same meaning as in section	1204
5739.011 of the Revised Code.	1205

(5) "Project site" means an integrated complex of facilities	1206
in this state, as specified by the tax credit authority under this	1207
section, within a fifteen-mile radius where a taxpayer is	1208
primarily operating as an eligible business.	1209

(6) "Applicable corporation" means a corporation satisfying	1210
all of the following:	1211

(a)(i) For the entire taxable year immediately preceding the	1212
tax year, the corporation develops software applications primarily	1213
to provide telecommunication billing and information services	1214
through outsourcing or licensing to domestic or international	1215
customers.	1216

(ii) Sales and licensing of software generated at least six	1217
hundred million dollars in revenue during the taxable year	1218
immediately preceding the tax year the corporation is first	1219
entitled to claim the credit provided under division (B) of this	1220
section.	1221

(b) For the entire taxable year immediately preceding the tax	1222
year, the corporation or one or more of its related members	1223
provides customer or employee care and technical support for	1224
clients through one or more contact centers within this state, and	1225
the corporation and its related members together have a daily	1226
average, based on a three-hundred-sixty-five-day year, of at least	1227
five hundred thousand successful customer contacts through one or	1228
more of their contact centers, wherever located.	1229

(c) The corporation is eligible for the credit under division	1230
(B) of this section for the tax year.	1231

(7) "Related member" has the same meaning as in section	1232
5733.042 of the Revised Code as that section existed on the	1233
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	1234
general assembly, September 29, 1997.	1235

(8) "Successful customer contact" means a contact with an end	1236
user via telephone, including interactive voice recognition or	1237
similar means, where the contact culminates in a conversation or	1238
connection other than a busy signal or equipment busy.	1239

(9) "Telecommunications" means all forms of	1240
telecommunications service as defined in section 5739.01 of the	1241
Revised Code, and includes services in wireless, wireline, cable,	1242
broadband, internet protocol, and satellite.	1243

(10)(a) "Applicable difference" means the difference between	1244
the tax for the tax year under Chapter 5733. of the Revised Code	1245
applying the law in effect for that tax year, and the tax for that	1246
tax year if section 5733.042 of the Revised Code applied as that	1247
section existed on the effective date of its amendment by Am. Sub.	1248
H.B. 215 of the 122nd general assembly, September 29, 1997,	1249
subject to division (A)(10)(b) of this section.	1250

(b) If the tax rate set forth in division (B) of section	1251
5733.06 of the Revised Code for the tax year is less than eight	1252
and one-half per cent, the tax calculated under division	1253
(A)(10)(a) of this section shall be computed by substituting a tax	1254
rate of eight and one-half per cent for the rate set forth in	1255
division (B) of section 5733.06 of the Revised Code for the tax	1256
year.	1257

(c) If the resulting difference is negative, the applicable	1258
tax difference for the tax year shall be zero.	1259

(B) The tax credit authority created under section 122.17 of	1260
the Revised Code may grant tax credits under this section for the	1261
purpose of fostering job retention in this state. Upon application	1262
by an eligible business and upon consideration of the	1263
recommendation of the director of budget and management, tax	1264
commissioner, and director of development under division (C) of	1265
this section, the tax credit authority may grant to an eligible	1266
business a nonrefundable credit against the tax imposed by section	1267
5733.06 or 5747.02 of the Revised Code for a period up to fifteen	1268
taxable years and against the tax levied by Chapter 5751. of the	1269
Revised Code for a period of up to fifteen calendar years. The	1270
credit shall be in an amount not exceeding seventy-five per cent	1271
of the Ohio income tax withheld from the employees of the eligible	1272
business occupying full-time employment positions at the project	1273
site during the calendar year that includes the last day of such	1274
business' taxable year or tax period with respect to which the	1275
credit is granted. The amount of the credit shall not be based on	1276
the Ohio income tax withheld from full-time employees for a	1277
calendar year prior to the calendar year in which the minimum	1278
investment requirement referred to in division (A)(2)(b) of this	1279
section is completed. The credit shall be claimed only for the	1280
taxable years or tax periods specified in the eligible business'	1281
agreement with the tax credit authority under division (E) of this	1282
section, but in no event shall the credit be claimed for a taxable	1283
year or tax period terminating before the date specified in the	1284
agreement. Any credit granted under this section against the tax	1285
imposed by section 5733.06 or 5747.02 of the Revised Code, to the	1286
extent not fully utilized against such tax for taxable years	1287
ending prior to 2008, shall automatically be converted without any	1288
action taken by the tax credit authority to a credit against the	1289
tax levied under Chapter 5751. of the Revised Code for tax periods	1290
beginning on or after July 1, 2008, provided that the person to	1291
whom the credit was granted is subject to such tax. The converted	1292
credit shall apply to those calendar years in which the remaining	1293
taxable years specified in the agreement end.	1294

The credit computed under this division is in addition to any	1295
credit allowed under division (M) of this section which the tax	1296
credit authority may also include in the agreement.	1297

Any unused portion of a tax credit may be carried forward for	1298
not more than three additional years after the year for which the	1299
credit is granted.	1300

(C) A taxpayer that proposes a capital investment project to	1301
retain jobs in this state may apply to the tax credit authority to	1302
enter into an agreement for a tax credit under this section. The	1303
director of development shall prescribe the form of the	1304
application. After receipt of an application, the authority shall	1305
forward copies of the application to the director of budget and	1306
management, the tax commissioner, and the director of development,	1307
each of whom shall review the application to determine the	1308
economic impact the proposed project would have on the state and	1309
the affected political subdivisions and shall submit a summary of	1310
their determinations and recommendations to the authority.	1311

(D) Upon review of the determinations and recommendations	1312
described in division (C) of this section, the tax credit	1313
authority may enter into an agreement with the taxpayer for a	1314
credit under this section if the authority determines all of the	1315
following:	1316

(1) The taxpayer's capital investment project will result in	1317
the retention of full-time employment positions in this state.	1318

(2) The taxpayer is economically sound and has the ability to	1319
complete the proposed capital investment project.	1320

(3) The taxpayer intends to and has the ability to maintain	1321
operations at the project site for at least twice the term of the	1322
credit.	1323

(4) Receiving the credit is a major factor in the taxpayer's	1324
decision to begin, continue with, or complete the project.	1325

(5) The political subdivisions in which the project is	1326
located have agreed to provide substantial financial support to	1327
the project.	1328

(E) An agreement under this section shall include all of the	1329
following:	1330

(1) A detailed description of the project that is the subject	1331
of the agreement, including the amount of the investment, the	1332
period over which the investment has been or is being made, and	1333
the number of full-time employment positions at the project site.	1334

(2) The method of calculating the number of full-time	1335
employment positions as specified in division (A)(3) of this	1336
section.	1337

(3) The term and percentage of the tax credit, and the first	1338
year for which the credit may be claimed.	1339

(4) A requirement that the taxpayer maintain operations at	1340
the project site for at least twice the number of years as the	1341
term of the credit.	1342

(5) A requirement that the taxpayer retain a specified number	1343
of full-time employment positions at the project site and within	1344
this state for the term of the credit, including a requirement	1345
that the taxpayer continue to employ at least one thousand	1346
employees in full-time employment positions at the project site	1347
during the entire term of any agreement, subject to division	1348
(E)(7) of this section.	1349

(6) A requirement that the taxpayer annually report to the	1350
director of development the number of full-time employment	1351
positions subject to the credit, the amount of tax withheld from	1352
employees in those positions, the amount of the payments made for	1353
the capital investment project, and any other information the	1354
director needs to perform the director's duties under this	1355
section.	1356

(7) A requirement that the director of development annually	1357
review the annual reports of the taxpayer to verify the	1358
information reported under division (E)(6) of this section and	1359
compliance with the agreement. Upon verification, the director	1360
shall issue a certificate to the taxpayer stating that the	1361
information has been verified and identifying the amount of the	1362
credit for the taxable year. Unless otherwise specified by the tax	1363
credit authority in a resolution and included as part of the	1364
agreement, the director shall not issue a certificate for any year	1365
in which the total number of filled full-time employment positions	1366
for each day of the calendar year divided by three hundred	1367
sixty-five is less than ninety per cent of the full-time	1368
employment positions specified in division (E)(5) of this section.	1369
In determining the number of full-time employment positions, no	1370
position shall be counted that is filled by an employee who is	1371
included in the calculation of a tax credit under section 122.17	1372
of the Revised Code.	1373

(8)(a) A provision requiring that the taxpayer, except as	1374
otherwise provided in division (E)(8)(b) of this section, shall	1375
not relocate employment positions from elsewhere in this state to	1376
the project site that is the subject of the agreement for the	1377
lesser of five years from the date the agreement is entered into	1378
or the number of years the taxpayer is entitled to claim the	1379
credit.	1380

(b) The taxpayer may relocate employment positions from	1381
elsewhere in this state to the project site that is the subject of	1382
the agreement if the director of development determines both of	1383
the following:	1384

(i) That the site from which the employment positions would	1385
be relocated is inadequate to meet market and industry conditions,	1386
expansion plans, consolidation plans, or other business	1387
considerations affecting the taxpayer;	1388

(ii) That the legislative authority of the county, township,	1389
or municipal corporation from which the employment positions would	1390
be relocated has been notified of the relocation.	1391

For purposes of this section, the movement of an employment	1392
position from one political subdivision to another political	1393
subdivision shall be considered a relocation of an employment	1394
position unless the movement is confined to the project site. The	1395
transfer of an individual employee from one political subdivision	1396
to another political subdivision shall not be considered a	1397
relocation of an employment position as long as the individual's	1398
employment position in the first political subdivision is	1399
refilled.	1400

(9) A waiver by the taxpayer of any limitations periods	1401
relating to assessments or adjustments resulting from the	1402
taxpayer's failure to comply with the agreement.	1403

(F) If a taxpayer fails to meet or comply with any condition	1404
or requirement set forth in a tax credit agreement, the tax credit	1405
authority may amend the agreement to reduce the percentage or term	1406
of the credit. The reduction of the percentage or term shall take	1407
effect (1) in the taxable year immediately following the taxable	1408
year in which the authority amends the agreement or the director	1409
of development notifies the taxpayer in writing of such failure,	1410
or (2) in the first tax period beginning in the calendar year	1411
immediately following the calendar year in which the authority	1412
amends the agreement or the director notifies the taxpayer in	1413
writing of such failure. If the taxpayer fails to annually report	1414
any of the information required by division (E)(6) of this section	1415
within the time required by the director, the reduction of the	1416
percentage or term may take effect in the current taxable year. If	1417
the taxpayer relocates employment positions in violation of the	1418
provision required under division (D)(8)(a) of this section, the	1419
taxpayer shall not claim the tax credit under section 5733.0610 of	1420
the Revised Code for any tax years following the calendar year in	1421
which the relocation occurs, shall not claim the tax credit under	1422
section 5747.058 of the Revised Code for the taxable year in which	1423
the relocation occurs and any subsequent taxable years, and shall	1424
not claim the tax credit under division (A) of section 5751.50 of	1425
the Revised Code for the tax period in which the relocation occurs	1426
and any subsequent tax periods.	1427

(G) Financial statements and other information submitted to	1428
the department of development or the tax credit authority by an	1429
applicant for or recipient of a tax credit under this section, and	1430
any information taken for any purpose from such statements or	1431
information, are not public records subject to section 149.43 of	1432
the Revised Code. However, the chairperson of the authority may	1433
make use of the statements and other information for purposes of	1434
issuing public reports or in connection with court proceedings	1435
concerning tax credit agreements under this section. Upon the	1436
request of the tax commissioner, the chairperson of the authority	1437
shall provide to the commissioner any statement or other	1438
information submitted by an applicant for or recipient of a tax	1439
credit in connection with the credit. The commissioner shall	1440
preserve the confidentiality of the statement or other	1441
information.	1442

(H) A taxpayer claiming a tax credit under this section shall	1443
submit to the tax commissioner a copy of the director of	1444
development's certificate of verification under division (E)(7) of	1445
this section with the taxpayer's tax report or return for the	1446
taxable year or for the calendar year that includes the tax	1447
period. Failure to submit a copy of the certificate with the	1448
report or return does not invalidate a claim for a credit if the	1449
taxpayer submits a copy of the certificate to the commissioner	1450
within sixty days after the commissioner requests it.	1451

(I) For the purposes of this section, a taxpayer may include	1452
a partnership, a corporation that has made an election under	1453
subchapter S of chapter one of subtitle A of the Internal Revenue	1454
Code, or any other business entity through which income flows as a	1455
distributive share to its owners. A tax credit received under this	1456
section by a partnership, S-corporation, or other such business	1457
entity shall be apportioned among the persons to whom the income	1458
or profit of the partnership, S-corporation, or other entity is	1459
distributed, in the same proportions as those in which the income	1460
or profit is distributed.	1461

(J) If the director of development determines that a taxpayer	1462
that received a tax credit under this section is not complying	1463
with the requirement under division (E)(4) of this section, the	1464
director shall notify the tax credit authority of the	1465
noncompliance. After receiving such a notice, and after giving the	1466
taxpayer an opportunity to explain the noncompliance, the	1467
authority may terminate the agreement and require the taxpayer to	1468
refund to the state all or a portion of the credit claimed in	1469
previous years, as follows:	1470

(1) If the taxpayer maintained operations at the project site	1471
for less than the term of the credit, the amount required to be	1472
refunded shall not exceed the amount of any tax credits previously	1473
allowed and received under this section.	1474

(2) If the taxpayer maintained operations at the project site	1475
longer than the term of the credit but less than one and one-half	1476
times the term of the credit, the amount required to be refunded	1477
shall not exceed fifty per cent of the sum of any tax credits	1478
previously allowed and received under this section.	1479

(3) If the taxpayer maintained operations at the project site	1480
for at least one and one-half times the term of the credit but	1481
less than twice the term of the credit, the amount required to be	1482
refunded shall not exceed twenty-five per cent of the sum of any	1483
tax credits previously allowed and received under this section.	1484

In determining the portion of the credit to be refunded to	1485
this state, the authority shall consider the effect of market	1486
conditions on the taxpayer's project and whether the taxpayer	1487
continues to maintain other operations in this state. After making	1488
the determination, the authority shall certify the amount to be	1489
refunded to the tax commissioner. The commissioner shall make an	1490
assessment for that amount against the taxpayer under Chapter	1491
5733., 5747., or 5751. of the Revised Code. The time limitations	1492
on assessments under those chapters do not apply to an assessment	1493
under this division, but the commissioner shall make the	1494
assessment within one year after the date the authority certifies	1495
to the commissioner the amount to be refunded.	1496

If the director of development determines that a taxpayer	1497
that received a tax credit under this section has reduced the	1498
number of employees agreed to under division (E)(5) of this	1499
section by more than ten per cent, the director shall notify the	1500
tax credit authority of the noncompliance. After receiving such	1501
notice, and after providing the taxpayer an opportunity to explain	1502
the noncompliance, the authority may amend the agreement to reduce	1503
the percentage or term of the tax credit. The reduction in the	1504
percentage or term shall take effect in the taxable year, or in	1505
the calendar year that includes the tax period, in which the	1506
authority amends the agreement.	1507

(K) The director of development, after consultation with the	1508
tax commissioner and in accordance with Chapter 119. of the	1509
Revised Code, shall adopt rules necessary to implement this	1510
section. The rules may provide for recipients of tax credits under	1511
this section to be charged fees to cover administrative costs of	1512
the tax credit program. At the time the director gives public	1513
notice under division (A) of section 119.03 of the Revised Code of	1514
the adoption of the rules, the director shall submit copies of the	1515
proposed rules to the chairpersons of the standing committees on	1516
economic development in the senate and the house of	1517
representatives.	1518

(L) On or before the thirty-first day of March of each year,	1519
the director of development shall submit a report to the governor,	1520
the president of the senate, and the speaker of the house of	1521
representatives on the tax credit program under this section. The	1522
report shall include information on the number of agreements that	1523
were entered into under this section during the preceding calendar	1524
year, a description of the project that is the subject of each	1525
such agreement, and an update on the status of projects under	1526
agreements entered into before the preceding calendar year.	1527

(M)(1) A nonrefundable credit shall be allowed to an	1528
applicable corporation and its related members in an amount equal	1529
to the applicable difference. The credit is in addition to the	1530
credit granted to the corporation or related members under	1531
division (B) of this section. The credit is subject to divisions	1532
(B) to (E) and division (J) of this section.	1533

(2) A person qualifying as an applicable corporation under	1534
this section for a tax year does not necessarily qualify as an	1535
applicable corporation for any other tax year. No person is	1536
entitled to the credit allowed under division (M) of this section	1537
for the tax year immediately following the taxable year during	1538
which the person fails to meet the requirements in divisions	1539
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled	1540
to the credit allowed under division (M) of this section for any	1541
tax year for which the person is not eligible for the credit	1542
provided under division (B) of this section.	1543

Sec. 126.11.  (A)(1) The director of budget and management	1544
shall, upon consultation with the treasurer of state, coordinate	1545
and approve the scheduling of initial sales of publicly offered	1546
securities of the state and of publicly offered fractionalized	1547
interests in or securitized issues of public obligations of the	1548
state. The director shall from time to time develop and distribute	1549
to state issuers an approved sale schedule for each of the	1550
obligations covered by division (A) or (B) of this section.	1551
Division (A) of this section applies only to those obligations on	1552
which the state or a state agency is the direct obligor or obligor	1553
on any backup security or related credit enhancement facility or	1554
source of money subject to state appropriations that is intended	1555
for payment of those obligations.	1556

(2) The issuers of obligations pursuant to section 151.03,	1557
151.04, 151.05, 151.07, 151.08, or 151.09 or Chapter 152. or 5537.	1558
of the Revised Code shall submit to the director:	1559

(a) For review and approval: the projected sale date, amount,	1560
and type of obligations proposed to be sold; their purpose,	1561
security, and source of payment; the proposed structure and	1562
maturity schedule; the trust agreement and any supplemental	1563
agreements; and any credit enhancement facilities or interest rate	1564
hedges for the obligations;	1565

(b) For review and comment: the authorizing order or	1566
resolution; preliminary and final offering documents; method of	1567
sale; preliminary and final pricing information; and any written	1568
reports or recommendations of financial advisors or consultants	1569
relating to those obligations;	1570

(c) Promptly after each sale of those obligations: final	1571
terms, including sale price, maturity schedule and yields, and	1572
sources and uses; names of the original purchasers or	1573
underwriters; a copy of the final offering document and of the	1574
transcript of proceedings; and any other pertinent information	1575
requested by the director.	1576

(3) The issuer of obligations pursuant to section 151.06 or	1577
151.40 or Chapter 154. of the Revised Code shall submit to the	1578
director:	1579

(a) For review and mutual agreement: the projected sale date,	1580
amount, and type of obligations proposed to be sold; their	1581
purpose, security, and source of payment; the proposed structure	1582
and maturity schedule; the trust agreement and any supplemental	1583
agreements; and any credit enhancement facilities or interest rate	1584
hedges for the obligations;	1585

(b) For review and comment: the authorizing order or	1586
resolution; preliminary and final offering documents; method of	1587
sale; preliminary and final pricing information; and any written	1588
reports or recommendations of financial advisors or consultants	1589
relating to those obligations;	1590

(c) Promptly after each sale of those obligations: final	1591
terms, including sale price, maturity schedule and yields, and	1592
sources and uses; names of the original purchasers or	1593
underwriters; a copy of the final offering document and of the	1594
transcript of proceedings; and any other pertinent information	1595
requested by the director.	1596

(4) The issuers of obligations pursuant to Chapter 166.,	1597
4981., 5540., or 6121., or section 5531.10, of the Revised Code	1598
shall submit to the director:	1599

(a) For review and comment: the projected sale date, amount,	1600
and type of obligations proposed to be sold; the purpose,	1601
security, and source of payment; and preliminary and final	1602
offering documents;	1603

(b) Promptly after each sale of those obligations: final	1604
terms, including a maturity schedule; names of the original	1605
purchasers or underwriters; a copy of the complete continuing	1606
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent	1607
rule as from time to time in effect; and any other pertinent	1608
information requested by the director.	1609

(5) Not later than thirty days after the end of a fiscal	1610
year, each issuer of obligations subject to divisions (A) and (B)	1611
of this section shall submit to the director and to the treasurer	1612
of state a sale plan for the then current fiscal year for each	1613
type of obligation, projecting the amount and term of each	1614
issuance, the method of sale, and the month of sale.	1615

(B) Issuers of obligations pursuant to section 3318.085 or	1616
Chapter 175., 3366., 3706., 3737., 5537., 6121., or 6123. of the	1617
Revised Code shall submit to the director copies of the	1618
preliminary and final offering documents upon their availability	1619
if not previously submitted pursuant to division (A) of this	1620
section.	1621

(C) Not later than the first day of January of each year,	1622
every state agency obligated to make payments on outstanding	1623
public obligations with respect to which fractionalized interests	1624
have been publicly issued, such as certificates of participation,	1625
shall submit a report to the director of the amounts payable from	1626
state appropriations under those public obligations during the	1627
then current and next two fiscal years, identifying the	1628
appropriation or intended appropriation from which payment is	1629
expected to be made.	1630

(D)(1) Information relating generally to the historic,	1631
current, or future demographics or economy or financial condition	1632
or funds or general operations of the state, and descriptions of	1633
any state contractual obligations relating to public obligations,	1634
to be contained in any offering document, continuing disclosure	1635
document, or written presentation prepared, approved, or provided,	1636
or committed to be provided, by an issuer in connection with the	1637
original issuance and sale of, or rating, remarketing, or credit	1638
enhancement facilities relating to, public obligations referred to	1639
in division (A) of this section shall be approved as to format and	1640
accuracy by the director before being presented, published, or	1641
disseminated in preliminary, draft, or final form, or publicly	1642
filed in paper, electronic, or other format.	1643

(2) Except for information described in division (D)(1) of	1644
this section that is to be contained in an offering document,	1645
continuing disclosure document, or written presentation, division	1646
(D)(1) of this section does not inhibit direct communication	1647
between an issuer and a rating agency, remarketing agent, or	1648
credit enhancement provider concerning an issuance of public	1649
obligations referred to in division (A) of this section or matters	1650
associated with that issuance.	1651

(3) The materials approved and provided pursuant to division	1652
(D) of this section are the information relating to the particular	1653
subjects provided by the state or state agencies that are required	1654
or contemplated by any applicable state or federal securities laws	1655
and any commitments by the state or state agencies made under	1656
those laws. Reliance for the purpose should not be placed on any	1657
other information publicly provided, in any format including	1658
electronic, by any state agency for other purposes, including	1659
general information provided to the public or to portions of the	1660
public. A statement to that effect shall be included in those	1661
materials so approved or provided.	1662

(E) Issuers of obligations referred to in division (A) of	1663
this section may take steps, by formal agreement, covenants in the	1664
proceedings, or otherwise, as may be necessary or appropriate to	1665
comply or permit compliance with applicable lawful disclosure	1666
requirements relating to those obligations, and may, subject to	1667
division (D) of this section, provide, make available, or file	1668
copies of any required disclosure materials as necessary or	1669
appropriate. Any such formal agreement or covenant relating to	1670
subjects referred to in division (D) of this section, and any	1671
description of that agreement or covenant to be contained in any	1672
offering document, shall be approved by the director before being	1673
entered into or published or publicly disseminated in preliminary,	1674
draft, or final form or publicly filed in paper, electronic, or	1675
other format. The director shall be responsible for making all	1676
filings in compliance with those requirements relating to direct	1677
obligations of the state, including fractionalized interests in	1678
those obligations.	1679

(F) No state agency or official shall, without the approval	1680
of the director of budget and management, do either of the	1681
following:	1682

(1) Enter into or commit to enter into a public obligation	1683
under which fractionalized interests in the payments are to be	1684
publicly offered, which payments are anticipated to be made from	1685
money from any source appropriated or to be appropriated by the	1686
general assembly or in which the provision stated in section 9.94	1687
of the Revised Code is not included;	1688

(2) Except as otherwise expressly authorized for the purpose	1689
by law, agree or commit to provide, from money from any source to	1690
be appropriated in the future by the general assembly, financial	1691
assistance to or participation in the costs of capital facilities,	1692
or the payment of debt charges, directly or by way of a credit	1693
enhancement facility, a reserve, rental payments, or otherwise, on	1694
obligations issued to pay costs of capital facilities.	1695

(G) As used in this section, "interest rate hedge" has the	1696
same meaning as in section 9.98 of the Revised Code; "credit	1697
enhancement facilities," "debt charges," "fractionalized interests	1698
in public obligations," "obligor," "public issuer," and	1699
"securities" have the same meanings as in section 133.01 of the	1700
Revised Code; "public obligation" has the same meaning as in	1701
division (GG)(2) of section 133.01 of the Revised Code;	1702
"obligations" means securities or public obligations or	1703
fractionalized interests in them; "issuers" means issuers of	1704
securities or state obligors on public obligations; "offering	1705
document" means an official statement, offering circular, private	1706
placement memorandum, or prospectus, or similar document; and	1707
"director" means the director of budget and management or the	1708
employee of the office of budget and management designated by the	1709
director for the purpose.	1710

Sec. 131.02. (A) Except as otherwise provided in section	1711
4123.37 and division (J) of section 4123.511 of the Revised Code,	1712
whenever any amount is payable to the state, the officer,	1713
employee, or agent responsible for administering the law under	1714
which the amount is payable shall immediately proceed to collect	1715
the amount or cause the amount to be collected and shall pay the	1716
amount into the state treasury or into the appropriate custodial	1717
fund in the manner set forth pursuant to section 113.08 of the	1718
Revised Code. Except as otherwise provided in this division, if	1719
the amount is not paid within forty-five days after payment is	1720
due, the officer, employee, or agent shall certify the amount due	1721
to the attorney general, in the form and manner prescribed by the	1722
attorney general, and notify the director of budget and management	1723
thereof. In the case of an amount payable by a student enrolled in	1724
a state institution of higher education, the amount shall be	1725
certified within the later of forty-five days after the amount is	1726
due or the tenth day after the beginning of the next academic	1727
semester, quarter, or other session following the session for	1728
which the payment is payable. The attorney general may assess the	1729
collection cost to the amount certified in such manner and amount	1730
as prescribed by the attorney general.	1731

For the purposes of this section, the attorney general and	1732
the officer, employee, or agent responsible for administering the	1733
law under which the amount is payable shall agree on the time a	1734
payment is due, and that agreed upon time shall be one of the	1735
following times:	1736

(1) If a law, including an administrative rule, of this state	1737
prescribes the time a payment is required to be made or reported,	1738
when the payment is required by that law to be paid or reported.	1739

(2) If the payment is for services rendered, when the	1740
rendering of the services is completed.	1741

(3) If the payment is reimbursement for a loss, when the loss	1742
is incurred.	1743

(4) In the case of a fine or penalty for which a law or	1744
administrative rule does not prescribe a time for payment, when	1745
the fine or penalty is first assessed.	1746

(5) If the payment arises from a legal finding, judgment, or	1747
adjudication order, when the finding, judgment, or order is	1748
rendered or issued.	1749

(6) If the payment arises from an overpayment of money by the	1750
state to another person, when the overpayment is discovered.	1751

(7) The date on which the amount for which an individual is	1752
personally liable under section 5735.35, section 5739.33, or	1753
division (G) of section 5747.07 of the Revised Code is determined.	1754

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

1755

(9) Any other appropriate time determined by the attorney	1756
general and the officer, employee, or agent responsible for	1757
administering the law under which the amount is payable on the	1758
basis of statutory requirements or ordinary business processes of	1759
the state agency to which the payment is owed.	1760

(B)(1) The attorney general shall give immediate notice by	1761
mail or otherwise to the party indebted of the nature and amount	1762
of the indebtedness.	1763

(2) If the amount payable to this state arises from a tax	1764
levied under Chapter 5733., 5739., 5741., 5747., or 5751. of the	1765
Revised Code, the notice also shall specify all of the following:	1766

(a) The assessment or case number;

1767

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

1768

(c) The reason for the liability, including, if applicable,	1769
that a penalty or interest is due;	1770

(d) An explanation of how and when interest will be added to	1771
the amount assessed;	1772

(e) That the attorney general and tax commissioner, acting	1773
together, have the authority, but are not required, to compromise	1774
the claim and accept payment over a reasonable time, if such	1775
actions are in the best interest of the state.	1776

(C) The attorney general shall collect the claim or secure a	1777
judgment and issue an execution for its collection.	1778

(D) Each claim shall bear interest, from the day on which the	1779
claim became due, at the rate per annum required by section	1780
5703.47 of the Revised Code.	1781

(E) The attorney general and the chief officer of the agency	1782
reporting a claim, acting together, may do any of the following if	1783
such action is in the best interests of the state:	1784

(1) Compromise the claim;

1785

(2) Extend for a reasonable period the time for payment of	1786
the claim by agreeing to accept monthly or other periodic	1787
payments. The agreement may require security for payment of the	1788
claim.	1789

(3) Add fees to recover the cost of processing checks or	1790
other draft instruments returned for insufficient funds and the	1791
cost of providing electronic payment options.	1792

(F)(1) Except as provided in division (F)(2) of this section,	1793
if the attorney general finds, after investigation, that any claim	1794
due and owing to the state is uncollectible, the attorney general,	1795
with the consent of the chief officer of the agency reporting the	1796
claim, may do the following:	1797

(a) Sell, convey, or otherwise transfer the claim to one or	1798
more private entities for collection;	1799

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

1800

(2) The attorney general shall cancel or cause to be canceled	1801
an unsatisfied claim on the date that is forty years after the	1802
date the claim is certified.	1803

(3) No initial action shall be commenced to collect any tax	1804
payable to the state that is administered by the tax commissioner,	1805
whether or not such tax is subject to division (B) of this	1806
section, or any penalty, interest, or additional charge on such	1807
tax, after the expiration of the period ending on the later of the	1808
dates specified in divisions (F)(3)(a) and (b) of this section,	1809
provided that such period shall be extended by the period of any	1810
stay to such collection or by any other period to which the	1811
parties mutually agree:. If the initial action in aid of execution	1812
is commenced before the later of the dates specified in divisions	1813
(F)(3)(a) and (b) of this section, any and all subsequent actions	1814
may be pursued in aid of execution of judgment for as long as the	1815
debt exists.	1816

(a) Seven years after the assessment of the tax, penalty,	1817
interest, or additional charge is issued.	1818

(b) Four years after the assessment of the tax, penalty,	1819
interest, or additional charge becomes final. For the purposes of	1820
division (F)(3)(b) of this section, the assessment becomes final	1821
at the latest of the following: upon expiration of the period to	1822
petition for reassessment, or if applicable, to appeal a final	1823
determination of the commissioner or decision of the board of tax	1824
appeals or a court, or, if applicable, upon decision of the United	1825
States supreme court.	1826

For the purposes of division (F)(3) of this section, an	1827
initial action to collect a tax debt is commenced at the time when	1828
any action, including any action in aid of execution on a	1829
judgment, commences after a certified copy of the tax	1830
commissioner's entry making an assessment final has been filed in	1831
the office of the clerk of court of common pleas in the county in	1832
which the taxpayer resides or has its principal place of business	1833
in this state, or in the office of the clerk of court of common	1834
pleas of Franklin county, as provided in section 5739.13, 5741.14,	1835
5747.13, or 5751.09 of the Revised Code or in any other applicable	1836
law requiring such a filing. If an assessment has not been issued	1837
and there is no time limitation on the issuance of an assessment	1838
under applicable law, an action to collect a tax debt commences	1839
when the action is filed in the courts of this state to collect	1840
the liability.	1841

(4) If information contained in a claim that is sold,	1842
conveyed, or transferred to a private entity pursuant to this	1843
section is confidential pursuant to federal law or a section of	1844
the Revised Code that implements a federal law governing	1845
confidentiality, such information remains subject to that law	1846
during and following the sale, conveyance, or transfer.	1847

Sec. 133.021.  The general assembly hereby finds and declares	1848
that the "Tax Reform Act of 1986" (the "Act") establishes a	1849
unified volume ceiling on the aggregate amount of private activity	1850
bonds that can be issued in each state. The amount of the unified	1851
volume ceiling shall be the amount determined as set forth in	1852
section 146(d) of the Internal Revenue Code.	1853

The general assembly further finds and declares that the Act	1854
requires the state to allocate its volume ceiling according to a	1855
specified formula unless a different procedure is established by	1856
the governor or general assembly.	1857

The general assembly further finds and declares that pursuant	1858
to authorization of state legislation the general assembly has, by	1859
division (D)(3) of section 133.02 of the Revised Code, effective	1860
October 30, 1989, provided for delegating such function to the	1861
governor and for further delegation as therein provided, subject	1862
to such prospectively effective actions as may subsequently be	1863
taken by the general assembly.	1864

The general assembly further finds and declares that it	1865
desires to by legislation provide for an efficient, effective, and	1866
equitable procedure under which the state will allocate the	1867
unified volume ceiling.	1868

The general assembly therefore finds and declares that it is	1869
necessary to create the joint select committee on volume cap to	1870
create a process for the allocation of the unified volume ceiling.	1871

(A) Pursuant to section 146(e)(2)(B)(ii) of the Internal	1872
Revenue Code, which provides that a state may by law provide a	1873
different formula for allocating the state ceiling, there is	1874
hereby created the joint select committee on volume cap to provide	1875
for the allocation and the reallocation of the unified volume	1876
ceiling among the governmental units (or other authorities) in the	1877
state having authority to issue tax exempt private activity bonds.	1878

(B) The committee shall consist of eight members. Two members	1879
shall be from the house of representatives appointed by the	1880
speaker of the house of representatives; two members shall be from	1881
the senate appointed by the president of the senate; and four	1882
members shall be appointed by the governor. Each member shall be	1883
selected for the member's knowledge and experience in tax exempt	1884
private activity bonds. The members shall serve at the pleasure of	1885
the appointing authority. A vacancy shall be filled in the same	1886
manner as the original appointment.	1887

(C) The purpose of the committee shall be to maximize the	1888
economic benefits of the unified volume ceiling to all citizens of	1889
the state. To this end, the joint select committee on volume cap	1890
shall:	1891

(1) Set forth procedures for making allocations, reallocation	1892
and carry forward of the state's unified volume ceiling in	1893
accordance with the Act;	1894

(2) Develop strategies for allocating and reallocating the	1895
unified volume ceiling which are designed to maximize the	1896
availability of tax exempt private activity bonds among competing	1897
sectors of the state.	1898

(D) To provide for the orderly and prompt issuance of private	1899
activity bonds, the committee is authorized to allocate the	1900
unified volume ceiling among those governmental units (or other	1901
authorities) in the state having authority to issue tax exempt	1902
private activity bonds. The committee shall reserve a portion of	1903
the unified volume ceiling to be allocated for multi-family rental	1904
housing projects. The committee in determination of unified volume	1905
ceiling allocations and reallocations shall consider the	1906
following:	1907

(1) The interest of the state with regard to long-term	1908
economic development, housing, education, redevelopment, and solid	1909
waste management;	1910

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

1911

(3) The needs of political subdivisions.

1912

(E) The director of development shall adopt rules in	1913
accordance with Chapter 119. of the Revised Code to carry out the	1914
purposes of this section.	1915

(F) Any allocation of the state's unified volume ceiling	1916
pursuant to this section for the purposes of the issuance of	1917
student loan notes shall be awarded only to either of the	1918
following:	1919

(1) The nonprofit corporation designated under division (B)	1920
of section 3351.07 of the Revised Code;	1921

(2) The treasurer of state for the purposes of carrying out	1922
the student loan program described in Chapter 3366. of the Revised	1923
Code.	1924

Sec. 133.07.  (A) A county shall not incur, without a vote of	1925
the electors, either of the following:	1926

(1) Net indebtedness for all purposes that exceeds an amount	1927
equal to one per cent of its tax valuation;	1928

(2) Net indebtedness for the purpose of paying the county's	1929
share of the cost of the construction, improvement, maintenance,	1930
or repair of state highways that exceeds an amount equal to	1931
one-half of one per cent of its tax valuation.	1932

(B) A county shall not incur total net indebtedness that	1933
exceeds an amount equal to one of the following limitations that	1934
applies to the county:	1935

(1) A county with a valuation not exceeding one hundred	1936
million dollars, three per cent of that tax valuation;	1937

(2) A county with a tax valuation exceeding one hundred	1938
million dollars but not exceeding three hundred million dollars,	1939
three million dollars plus one and one-half per cent of that tax	1940
valuation in excess of one hundred million dollars;	1941

(3) A county with a tax valuation exceeding three hundred	1942
million dollars, six million dollars plus two and one-half per	1943
cent of that tax valuation in excess of three hundred million	1944
dollars.	1945

(C) In calculating the net indebtedness of a county, none of	1946
the following securities shall be considered:	1947

(1) Securities described in section 307.201 of the Revised	1948
Code;	1949

(2) Self-supporting securities issued for any purposes,	1950
including, but not limited to, any of the following general	1951
purposes:	1952

(a) Water systems or facilities;

1953

(b) Sanitary sewerage systems or facilities, or surface and	1954
storm water drainage and sewerage systems or facilities, or a	1955
combination of those systems or facilities;	1956

(c) County or joint county scrap tire collection, storage,	1957
monocell, monofill, or recovery facilities, or any combination of	1958
those facilities;	1959

(d) Off-street parking lots, facilities, or buildings, or	1960
on-street parking facilities, or any combination of off-street and	1961
on-street parking facilities;	1962

(e) Facilities for the care or treatment of the sick or	1963
infirm, and for housing the persons providing that care or	1964
treatment and their families;	1965

(f) Recreational, sports, convention, auditorium, museum,	1966
trade show, and other public attraction facilities;	1967

(g) Facilities for natural resources exploration,	1968
development, recovery, use, and sale;	1969

(h) Correctional and detention facilities and related	1970
rehabilitation facilities.	1971

(3) Securities issued for the purpose of purchasing,	1972
constructing, improving, or extending water or sanitary or surface	1973
and storm water sewerage systems or facilities, or a combination	1974
of those systems or facilities, to the extent that an agreement	1975
entered into with another subdivision requires the other	1976
subdivision to pay to the county amounts equivalent to debt	1977
charges on the securities;	1978

(4) Voted general obligation securities issued for the	1979
purpose of permanent improvements for sanitary sewerage or water	1980
systems or facilities to the extent that the total principal	1981
amount of voted securities outstanding for the purpose does not	1982
exceed an amount equal to two per cent of the county's tax	1983
valuation;	1984

(5) Securities issued for permanent improvements to house	1985
agencies, departments, boards, or commissions of the county or of	1986
any municipal corporation located, in whole or in part, in the	1987
county, to the extent that the revenues, other than revenues from	1988
unvoted county property taxes, derived from leases or other	1989
agreements between the county and those agencies, departments,	1990
boards, commissions, or municipal corporations relating to the use	1991
of the permanent improvements are sufficient to cover the cost of	1992
all operating expenses of the permanent improvements paid by the	1993
county and debt charges on the securities;	1994

(6) Securities issued pursuant to section 133.08 of the	1995
Revised Code;	1996

(7) Securities issued for the purpose of acquiring or	1997
constructing roads, highways, bridges, or viaducts, for the	1998
purpose of acquiring or making other highway permanent	1999
improvements, or for the purpose of procuring and maintaining	2000
computer systems for the office of the clerk of any	2001
county-operated municipal court, for the office of the clerk of	2002
the court of common pleas, or for the office of the clerk of the	2003
probate, juvenile, or domestic relations division of the court of	2004
common pleas to the extent that the legislation authorizing the	2005
issuance of the securities includes a covenant to appropriate from	2006
moneys distributed to the county pursuant to division (B) of	2007
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or	2008
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a	2009
sufficient amount to cover debt charges on and financing costs	2010
relating to the securities as they become due;	2011

(8) Securities issued for the purpose of acquiring,	2012
constructing, improving, and equipping a county, multicounty, or	2013
multicounty-municipal jail, workhouse, juvenile detention	2014
facility, or correctional facility;	2015

(9) Securities issued for the acquisition, construction,	2016
equipping, or repair of any permanent improvement or any class or	2017
group of permanent improvements enumerated in a resolution adopted	2018
pursuant to division (D) of section 5739.026 of the Revised Code	2019
to the extent that the legislation authorizing the issuance of the	2020
securities includes a covenant to appropriate from moneys received	2021
from the taxes authorized under section 5739.023 and division	2022
(A)(5) of section 5739.026 of the Revised Code an amount	2023
sufficient to pay debt charges on the securities and those moneys	2024
shall be pledged for that purpose;	2025

(10) Securities issued for county or joint county solid waste	2026
or hazardous waste collection, transfer, or disposal facilities,	2027
or resource recovery and solid or hazardous waste recycling	2028
facilities, or any combination of those facilities;	2029

(11) Securities issued for the acquisition, construction, and	2030
equipping of a port authority educational and cultural facility	2031
under section 307.671 of the Revised Code;	2032

(12) Securities issued for the acquisition, construction,	2033
equipping, and improving of a municipal educational and cultural	2034
facility under division (B)(1) of section 307.672 of the Revised	2035
Code;	2036

(13) Securities issued for energy conservation measures under	2037
section 307.041 of the Revised Code;	2038

(14) Securities issued for the acquisition, construction,	2039
equipping, improving, or repair of a sports facility, including	2040
obligations issued to pay costs of a sports facility under section	2041
307.673 of the Revised Code;	2042

(15) Securities issued under section 755.17 of the Revised	2043
Code if the legislation authorizing issuance of the securities	2044
includes a covenant to appropriate from revenue received from a	2045
tax authorized under division (A)(5) of section 5739.026 and	2046
section 5741.023 of the Revised Code an amount sufficient to pay	2047
debt charges on the securities, and the board of county	2048
commissioners pledges that revenue for that purpose, pursuant to	2049
section 755.171 of the Revised Code;	2050

(16) Sales tax supported bonds issued pursuant to section	2051
133.081 of the Revised Code for the purpose of acquiring,	2052
constructing, improving, or equipping any permanent improvement to	2053
the extent that the legislation authorizing the issuance of the	2054
sales tax supported bonds pledges county sales taxes to the	2055
payment of debt charges on the sales tax supported bonds and	2056
contains a covenant to appropriate from county sales taxes a	2057
sufficient amount to cover debt charges or the financing costs	2058
related to the sales tax supported bonds as they become due;	2059

(17) Bonds or notes issued under section 133.60 of the	2060
Revised Code if the legislation authorizing issuance of the bonds	2061
or notes includes a covenant to appropriate from revenue received	2062
from a tax authorized under division (A)(9) of section 5739.026	2063
and section 5741.023 of the Revised Code an amount sufficient to	2064
pay the debt charges on the bonds or notes, and the board of	2065
county commissioners pledges that revenue for that purpose;	2066

(18) Securities issued under section 3707.55 of the Revised	2067
Code for the acquisition of real property by a general health	2068
district;	2069

(19) Securities issued under division (A)(3) of section	2070
3313.37 of the Revised Code for the acquisition of real and	2071
personal property by an educational service center;	2072

(20) Securities issued for the purpose of paying the costs of	2073
acquiring, constructing, reconstructing, renovating,	2074
rehabilitating, expanding, adding to, equipping, furnishing, or	2075
otherwise improving an arena, convention center, or a combination	2076
of an arena and convention center under section 307.695 of the	2077
Revised Code.	2078

(D) In calculating the net indebtedness of a county, no	2079
obligation incurred under division (D) of section 339.06 of the	2080
Revised Code shall be considered.	2081

Sec. 133.08.  (A) In addition to any power to issue	2082
securities under other provisions of the Revised Code for the	2083
purposes, a county may issue revenue securities as authorized in	2084
this section.	2085

(B) A county may issue revenue securities to fund or refund	2086
revenue securities previously issued, or for any purposes for	2087
which it could issue self-supporting securities and, without	2088
limitation, any of the following general purposes:	2089

(1) For one or more established sewer districts, any of the	2090
purposes provided in divisions (C)(2)(a) and (b) of section 133.07	2091
of the Revised Code;	2092

(2) Hospital facilities as defined in division (E) of section	2093
140.01 of the Revised Code;	2094

(3) Facilities described in division (C)(10) of section	2095
133.07 of the Revised Code;	2096

(4) Off-street parking facilities pursuant to section 307.02	2097
of the Revised Code;	2098

(5) An arena, a convention center, or a combination of an	2099
arena and convention center under section 307.695 of the Revised	2100
Code.	2101

(C) The county shall establish rates or charges for the use,	2102
availability, or rental of the facilities to which the financing	2103
relates, being the improvement, enterprise, system, project, or	2104
categories of improvements or the operation or function that the	2105
facilities serve, which rates or charges shall be designed to	2106
provide revenues to the county sufficient to pay the costs of all	2107
current expenses of the facilities payable by the county and to	2108
pay the debt charges on the securities and to establish and	2109
maintain any contractually required special funds relating to the	2110
securities or the facilities.	2111

(D) Revenue securities issued under this section shall not be	2112
general obligations of the county. Revenue securities issued under	2113
this section shall be secured only by a pledge of and lien upon	2114
the revenues of the county, derived from its ownership or	2115
operation of the facilities, including those rates or charges or	2116
rents and any interest subsidies or debt charges, grants, or other	2117
payments by federal or state agencies available therefor, and the	2118
covenants of the county to maintain sufficient rentals, rates, and	2119
charges to produce revenues sufficient to pay all current expenses	2120
of the facilities payable by the county and to pay the debt	2121
charges on the securities and to establish and maintain any	2122
contractually required special funds relating to the securities or	2123
the facilities, and, if the securities are anticipatory	2124
securities, to issue the revenue securities in anticipation of the	2125
issuance of which the revenue securities are issued. Revenue	2126
securities may also be secured by a pledge of and lien on the	2127
proceeds of any securities issued to fund or refund those revenue	2128
securities.	2129

(E) The county officers authorized by the county taxing	2130
authority shall execute the necessary documents, including but not	2131
limited to trust agreements and leases, to provide for the pledge,	2132
protection, and disposition of the pledged revenues from which	2133
debt charges and any special fund deposits are to be paid.	2134

(F) As long as any of these revenue securities, in either	2135
original or refunded form, remain outstanding, except as otherwise	2136
provided in those documents, all parts of the facilities the	2137
revenues from which are pledged, shall remain under the control of	2138
the county taxing authority, whether any parts of the facilities	2139
are leased to or operated by others or are in or thereafter come	2140
within the boundaries of any municipal corporation, and the	2141
facilities shall remain subject to the power and duty of the	2142
taxing authority to fix and collect rates or charges or rents for	2143
the use of facilities.	2144

(G) The authority to issue securities of the county under	2145
this section for permanent improvements described in division	2146
(B)(2) of this section or division (C)(2)(d) of section 133.07 of	2147
the Revised Code may separately and independently be exercised by	2148
a board of county hospital trustees established under section	2149
339.02 of the Revised Code for those permanent improvements and	2150
related operations under the control of that board.	2151

(H) Sections 9.98 to 9.983 of the Revised Code apply to	2152
securities issued under this section, notwithstanding any other	2153
provision in this chapter.	2154

Sec. 133.20.  (A) This section applies to bonds that are	2155
general obligation Chapter 133. securities. If the bonds are	2156
payable as to principal by provision for annual installments, the	2157
period of limitations on their last maturity, referred to as their	2158
maximum maturity, shall be measured from a date twelve months	2159
prior to the first date on which provision for payment of	2160
principal is made. If the bonds are payable as to principal by	2161
provision for semiannual installments, the period of limitations	2162
on their last maturity shall be measured from a date six months	2163
prior to the first date on which provision for payment of	2164
principal is made.	2165

(B) Bonds issued for the following permanent improvements or	2166
for permanent improvements for the following purposes shall have	2167
maximum maturities not exceeding the number of years stated:	2168

(1) Fifty years:

2169

(a) The clearance and preparation of real property for	2170
redevelopment as an urban redevelopment project;	2171

(b) Acquiring, constructing, widening, relocating, enlarging,	2172
extending, and improving a publicly owned railroad or line of	2173
railway or a light or heavy rail rapid transit system, including	2174
related bridges, overpasses, underpasses, and tunnels, but not	2175
including rolling stock or equipment;	2176

(c) Pursuant to section 307.675 of the Revised Code,	2177
constructing or repairing a bridge using long life expectancy	2178
material for the bridge deck, and purchasing, installing, and	2179
maintaining any performance equipment to monitor the physical	2180
condition of a bridge so constructed or repaired. Additionally,	2181
the average maturity of the bonds shall not exceed the expected	2182
useful life of the bridge deck as determined by the county	2183
engineer under that section.	2184

(2) Forty years:

2185

(a) General waterworks or water system permanent	2186
improvements, including buildings, water mains, or other	2187
structures and facilities in connection therewith;	2188

(b) Sewers or sewage treatment or disposal works or	2189
facilities, including fireproof buildings or other structures in	2190
connection therewith;	2191

(c) Storm water drainage, surface water, and flood prevention	2192
facilities.	2193

(3) Thirty-five years: sports

2194

(a) An arena, a convention center, or a combination of an	2195
arena and convention center under section 307.695 of the Revised	2196
Code;	2197

(b) Sports facilities.

2198

(4) Thirty years:

2199

(a) Municipal recreation, excluding recreational equipment;

2200

(b) Urban redevelopment projects;

2201

(c) Acquisition of real property;

2202

(d) Street or alley lighting purposes or relocating overhead	2203
wires, cables, and appurtenant equipment underground.	2204

(5) Twenty years: constructing, reconstructing, widening,	2205
opening, improving, grading, draining, paving, extending, or	2206
changing the line of roads, highways, expressways, freeways,	2207
streets, sidewalks, alleys, or curbs and gutters, and related	2208
bridges, viaducts, overpasses, underpasses, grade crossing	2209
eliminations, service and access highways, and tunnels.	2210

(6) Fifteen years:

2211

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

2212

(b) Alarm, telegraph, or other communications systems for	2213
police or fire departments or other emergency services;	2214

(c) Passenger buses used for mass transportation;

2215

(d) Energy conservation measures as authorized by section	2216
133.06 of the Revised Code.	2217

(7) Ten years:

2218

(a) Water meters;

2219

(b) Fire department apparatus and equipment;

2220

(c) Road rollers and other road construction and servicing	2221
vehicles;	2222

(d) Furniture, equipment, and furnishings;

2223

(e) Landscape planting and other site improvements;

2224

(f) Playground, athletic, and recreational equipment and	2225
apparatus;	2226

(g) Energy conservation measures as authorized by section	2227
307.041, 505.264, or 717.02 of the Revised Code.	2228

(8) Five years: New motor vehicles other than those described	2229
in any other division of this section and those for which	2230
provision is made in other provisions of the Revised Code.	2231

(C) Bonds issued for any permanent improvements not within	2232
the categories set forth in division (B) of this section shall	2233
have maximum maturities of from five to thirty years as the fiscal	2234
officer estimates is the estimated life or period of usefulness of	2235
those permanent improvements. Bonds issued under section 133.51 of	2236
the Revised Code for purposes other than permanent improvements	2237
shall have the maturities, not to exceed forty years, that the	2238
taxing authority shall specify.	2239

(D) Securities issued under section 505.265 or 717.07 of the	2240
Revised Code shall mature not later than December 31, 2035.	2241

(E) A securities issue for one purpose may include permanent	2242
improvements within two or more categories under divisions (B) and	2243
(C) of this section. The maximum maturity of such a bond issue	2244
shall not exceed the average number of years of life or period of	2245
usefulness of the permanent improvements as measured by the	2246
weighted average of the amounts expended or proposed to be	2247
expended for the categories of permanent improvements.	2248

Sec. 151.01.  (A) As used in sections 151.01 to 151.11 and	2249
151.40 of the Revised Code and in the applicable bond proceedings	2250
unless otherwise provided:	2251

(1) "Bond proceedings" means the resolutions, orders,	2252
agreements, and credit enhancement facilities, and amendments and	2253
supplements to them, or any one or more or combination of them,	2254
authorizing, awarding, or providing for the terms and conditions	2255
applicable to or providing for the security or liquidity of, the	2256
particular obligations, and the provisions contained in those	2257
obligations.	2258

(2) "Bond service fund" means the respective bond service	2259
fund created by section 151.03, 151.04, 151.05, 151.06, 151.07,	2260
151.08, 151.09, 151.10, 151.11, or 151.40 of the Revised Code, and	2261
any accounts in that fund, including all moneys and investments,	2262
and earnings from investments, credited and to be credited to that	2263
fund and accounts as and to the extent provided in the applicable	2264
bond proceedings.	2265

(3) "Capital facilities" means capital facilities or projects	2266
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07,	2267
151.08, 151.09, 151.10, 151.11, or 151.40 of the Revised Code.	2268

(4) "Costs of capital facilities" means the costs of	2269
acquiring, constructing, reconstructing, rehabilitating,	2270
remodeling, renovating, enlarging, improving, equipping, or	2271
furnishing capital facilities, and of the financing of those	2272
costs. "Costs of capital facilities" includes, without limitation,	2273
and in addition to costs referred to in section 151.03, 151.04,	2274
151.05, 151.06, 151.07, 151.08, 151.09, 151.10, 151.11, or 151.40	2275
of the Revised Code, the cost of clearance and preparation of the	2276
site and of any land to be used in connection with capital	2277
facilities, the cost of any indemnity and surety bonds and	2278
premiums on insurance, all related direct administrative expenses	2279
and allocable portions of direct costs of the issuing authority,	2280
costs of engineering and architectural services, designs, plans,	2281
specifications, surveys, and estimates of cost, financing costs,	2282
interest on obligations from their date to the time when interest	2283
is to be paid from sources other than proceeds of obligations,	2284
amounts necessary to establish any reserves as required by the	2285
bond proceedings, the reimbursement of all moneys advanced or	2286
applied by or borrowed from any person or governmental agency or	2287
entity for the payment of any item of costs of capital facilities,	2288
and all other expenses necessary or incident to planning or	2289
determining feasibility or practicability with respect to capital	2290
facilities, and such other expenses as may be necessary or	2291
incident to the acquisition, construction, reconstruction,	2292
rehabilitation, remodeling, renovation, enlargement, improvement,	2293
equipment, and furnishing of capital facilities, the financing of	2294
those costs, and the placing of the capital facilities in use and	2295
operation, including any one, part of, or combination of those	2296
classes of costs and expenses. For purposes of sections 122.085 to	2297
122.0820 of the Revised Code, "costs of capital facilities"	2298
includes "allowable costs" as defined in section 122.085 of the	2299
Revised Code.	2300

(5) "Credit enhancement facilities," "financing costs," and	2301
"interest" or "interest equivalent" have the same meanings as in	2302
section 133.01 of the Revised Code.	2303

(6) "Debt service" means principal, including any mandatory	2304
sinking fund or redemption requirements for retirement of	2305
obligations, interest and other accreted amounts, interest	2306
equivalent, and any redemption premium, payable on obligations. If	2307
not prohibited by the applicable bond proceedings, debt service	2308
may include costs relating to credit enhancement facilities that	2309
are related to and represent, or are intended to provide a source	2310
of payment of or limitation on, other debt service.	2311

(7) "Issuing authority" means the Ohio public facilities	2312
commission created in section 151.02 of the Revised Code for	2313
obligations issued under section 151.03, 151.04, 151.05, 151.07,	2314
151.08, 151.09, 151.10, or 151.11 of the Revised Code, or the	2315
treasurer of state, or the officer who by law performs the	2316
functions of that office, for obligations issued under section	2317
151.06 or 151.40 of the Revised Code.	2318

(8) "Net proceeds" means amounts received from the sale of	2319
obligations, excluding amounts used to refund or retire	2320
outstanding obligations, amounts required to be deposited into	2321
special funds pursuant to the applicable bond proceedings, and	2322
amounts to be used to pay financing costs.	2323

(9) "Obligations" means bonds, notes, or other evidences of	2324
obligation of the state, including any appertaining interest	2325
coupons, issued under Section 2k, 2l, 2m, 2n, 2o, 2p, or 15 of	2326
Article VIII, Ohio Constitution, and pursuant to sections 151.01	2327
to 151.11 or 151.40 of the Revised Code or other general assembly	2328
authorization.	2329

(10) "Principal amount" means the aggregate of the amount as	2330
stated or provided for in the applicable bond proceedings as the	2331
amount on which interest or interest equivalent on particular	2332
obligations is initially calculated. Principal amount does not	2333
include any premium paid to the state by the initial purchaser of	2334
the obligations. "Principal amount" of a capital appreciation	2335
bond, as defined in division (C) of section 3334.01 of the Revised	2336
Code, means its face amount, and "principal amount" of a zero	2337
coupon bond, as defined in division (J) of section 3334.01 of the	2338
Revised Code, means the discounted offering price at which the	2339
bond is initially sold to the public, disregarding any purchase	2340
price discount to the original purchaser, if provided for pursuant	2341
to the bond proceedings.	2342

(11) "Special funds" or "funds," unless the context indicates	2343
otherwise, means the bond service fund, and any other funds,	2344
including any reserve funds, created under the bond proceedings	2345
and stated to be special funds in those proceedings, including	2346
moneys and investments, and earnings from investments, credited	2347
and to be credited to the particular fund. Special funds do not	2348
include the school building program assistance fund created by	2349
section 3318.25 of the Revised Code, the higher education	2350
improvement fund created by division (F) of section 154.21 of the	2351
Revised Code, the highway capital improvement bond fund created by	2352
section 5528.53 of the Revised Code, the state parks and natural	2353
resources fund created by section 1557.02 of the Revised Code, the	2354
coal research and development fund created by section 1555.15 of	2355
the Revised Code, the clean Ohio conservation fund created by	2356
section 164.27 of the Revised Code, the clean Ohio revitalization	2357
fund created by section 122.658 of the Revised Code, the job ready	2358
site development fund created by section 122.0820 of the Revised	2359
Code, the third frontier research and development fund created by	2360
section 184.19 of the Revised Code, the third frontier research	2361
and development taxable bond fund created by section 184.191 of	2362
the Revised Code, or other funds created by the bond proceedings	2363
that are not stated by those proceedings to be special funds.	2364

(B) Subject to Section 2l, 2m, 2n, 2o, 2p, or 15, and Section	2365
17, of Article VIII, Ohio Constitution, the state, by the issuing	2366
authority, is authorized to issue and sell, as provided in	2367
sections 151.03 to 151.11 or 151.40 of the Revised Code, and in	2368
respective aggregate principal amounts as from time to time	2369
provided or authorized by the general assembly, general	2370
obligations of this state for the purpose of paying costs of	2371
capital facilities or projects identified by or pursuant to	2372
general assembly action.	2373

(C) Each issue of obligations shall be authorized by	2374
resolution or order of the issuing authority. The bond proceedings	2375
shall provide for or authorize the manner for determining the	2376
principal amount or maximum principal amount of obligations of an	2377
issue, the principal maturity or maturities, the interest rate or	2378
rates, the date of and the dates of payment of interest on the	2379
obligations, their denominations, and the place or places of	2380
payment of debt service which may be within or outside the state.	2381
Unless otherwise provided by law, the latest principal maturity	2382
may not be later than the earlier of the thirty-first day of	2383
December of the twenty-fifth calendar year after the year of	2384
issuance of the particular obligations or of the twenty-fifth	2385
calendar year after the year in which the original obligation to	2386
pay was issued or entered into. Sections 9.96, 9.98, 9.981, 9.982,	2387
and 9.983 of the Revised Code apply to obligations. The purpose of	2388
the obligations may be stated in the bond proceedings in general	2389
terms, such as, as applicable, "financing or assisting in the	2390
financing of projects as provided in Section 2l of Article VIII,	2391
Ohio Constitution," "financing or assisting in the financing of	2392
highway capital improvement projects as provided in Section 2m of	2393
Article VIII, Ohio Constitution," "paying costs of capital	2394
facilities for a system of common schools throughout the state as	2395
authorized by Section 2n of Article VIII, Ohio Constitution,"	2396
"paying costs of capital facilities for state-supported and	2397
state-assisted institutions of higher education as authorized by	2398
Section 2n of Article VIII, Ohio Constitution," "paying costs of	2399
coal research and development as authorized by Section 15 of	2400
Article VIII, Ohio Constitution," "financing or assisting in the	2401
financing of local subdivision capital improvement projects as	2402
authorized by Section 2m of Article VIII, Ohio Constitution,"	2403
"paying costs of conservation projects as authorized by Section 2o	2404
of Article VIII, Ohio Constitution," "paying costs of	2405
revitalization projects as authorized by Section 2o of Article	2406
VIII, Ohio Constitution," "paying costs of preparing sites for	2407
industry, commerce, distribution, or research and development as	2408
authorized by Section 2p of Article VIII, Ohio Constitution," or	2409
"paying costs of research and development as authorized by Section	2410
2p of Article VIII, Ohio Constitution."	2411

(D) The issuing authority may appoint or provide for the	2412
appointment of paying agents, bond registrars, securities	2413
depositories, clearing corporations, and transfer agents, and may	2414
without need for any other approval retain or contract for the	2415
services of underwriters, investment bankers, financial advisers,	2416
accounting experts, marketing, remarketing, indexing, and	2417
administrative agents, other consultants, and independent	2418
contractors, including printing services, as are necessary in the	2419
judgment of the issuing authority to carry out the issuing	2420
authority's functions under this chapter. When the issuing	2421
authority is the Ohio public facilities commission, the issuing	2422
authority also may without need for any other approval retain or	2423
contract for the services of attorneys and other professionals for	2424
that purpose. Financing costs are payable, as may be provided in	2425
the bond proceedings, from the proceeds of the obligations, from	2426
special funds, or from other moneys available for the purpose.	2427

(E) The bond proceedings may contain additional provisions	2428
customary or appropriate to the financing or to the obligations or	2429
to particular obligations including, but not limited to,	2430
provisions for:	2431

(1) The redemption of obligations prior to maturity at the	2432
option of the state or of the holder or upon the occurrence of	2433
certain conditions, and at particular price or prices and under	2434
particular terms and conditions;	2435

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

2436

(3) The establishment, deposit, investment, and application	2437
of special funds, and the safeguarding of moneys on hand or on	2438
deposit, in lieu of the applicability of provisions of Chapter	2439
131. or 135. of the Revised Code, but subject to any special	2440
provisions of sections 151.01 to 151.11 or 151.40 of the Revised	2441
Code with respect to the application of particular funds or	2442
moneys. Any financial institution that acts as a depository of any	2443
moneys in special funds or other funds under the bond proceedings	2444
may furnish indemnifying bonds or pledge securities as required by	2445
the issuing authority.	2446

(4) Any or every provision of the bond proceedings being	2447
binding upon the issuing authority and upon such governmental	2448
agency or entity, officer, board, commission, authority, agency,	2449
department, institution, district, or other person or body as may	2450
from time to time be authorized to take actions as may be	2451
necessary to perform all or any part of the duty required by the	2452
provision;	2453

(5) The maintenance of each pledge or instrument comprising	2454
part of the bond proceedings until the state has fully paid or	2455
provided for the payment of the debt service on the obligations or	2456
met other stated conditions;	2457

(6) In the event of default in any payments required to be	2458
made by the bond proceedings, or by any other agreement of the	2459
issuing authority made as part of a contract under which the	2460
obligations were issued or secured, including a credit enhancement	2461
facility, the enforcement of those payments by mandamus, a suit in	2462
equity, an action at law, or any combination of those remedial	2463
actions;	2464

(7) The rights and remedies of the holders or owners of	2465
obligations or of book-entry interests in them, and of third	2466
parties under any credit enhancement facility, and provisions for	2467
protecting and enforcing those rights and remedies, including	2468
limitations on rights of individual holders or owners;	2469

(8) The replacement of mutilated, destroyed, lost, or stolen	2470
obligations;	2471

(9) The funding, refunding, or advance refunding, or other	2472
provision for payment, of obligations that will then no longer be	2473
outstanding for purposes of this section or of the applicable bond	2474
proceedings;	2475

(10) Amendment of the bond proceedings;

2476

(11) Any other or additional agreements with the owners of	2477
obligations, and such other provisions as the issuing authority	2478
determines, including limitations, conditions, or qualifications,	2479
relating to any of the foregoing.	2480

(F) The great seal of the state or a facsimile of it may be	2481
affixed to or printed on the obligations. The obligations	2482
requiring execution by or for the issuing authority shall be	2483
signed as provided in the bond proceedings. Any obligations may be	2484
signed by the individual who on the date of execution is the	2485
authorized signer although on the date of these obligations that	2486
individual is not an authorized signer. In case the individual	2487
whose signature or facsimile signature appears on any obligation	2488
ceases to be an authorized signer before delivery of the	2489
obligation, that signature or facsimile is nevertheless valid and	2490
sufficient for all purposes as if that individual had remained the	2491
authorized signer until delivery.	2492

(G) Obligations are investment securities under Chapter 1308.	2493
of the Revised Code. Obligations may be issued in bearer or in	2494
registered form, registrable as to principal alone or as to both	2495
principal and interest, or both, or in certificated or	2496
uncertificated form, as the issuing authority determines.	2497
Provision may be made for the exchange, conversion, or transfer of	2498
obligations and for reasonable charges for registration, exchange,	2499
conversion, and transfer. Pending preparation of final	2500
obligations, the issuing authority may provide for the issuance of	2501
interim instruments to be exchanged for the final obligations.	2502

(H) Obligations may be sold at public sale or at private	2503
sale, in such manner, and at such price at, above or below par,	2504
all as determined by and provided by the issuing authority in the	2505
bond proceedings.	2506

(I) Except to the extent that rights are restricted by the	2507
bond proceedings, any owner of obligations or provider of a credit	2508
enhancement facility may by any suitable form of legal proceedings	2509
protect and enforce any rights relating to obligations or that	2510
facility under the laws of this state or granted by the bond	2511
proceedings. Those rights include the right to compel the	2512
performance of all applicable duties of the issuing authority and	2513
the state. Each duty of the issuing authority and that authority's	2514
officers, staff, and employees, and of each state entity or	2515
agency, or using district or using institution, and its officers,	2516
members, staff, or employees, undertaken pursuant to the bond	2517
proceedings, is hereby established as a duty of the entity or	2518
individual having authority to perform that duty, specifically	2519
enjoined by law and resulting from an office, trust, or station	2520
within the meaning of section 2731.01 of the Revised Code. The	2521
individuals who are from time to time the issuing authority,	2522
members or officers of the issuing authority, or those members'	2523
designees acting pursuant to section 151.02 of the Revised Code,	2524
or the issuing authority's officers, staff, or employees, are not	2525
liable in their personal capacities on any obligations or	2526
otherwise under the bond proceedings.	2527

(J)(1) Subject to Section 2k, 2l, 2m, 2n, 2o, 2p, or 15, and	2528
Section 17, of Article VIII, Ohio Constitution and sections 151.01	2529
to 151.11 or 151.40 of the Revised Code, the issuing authority	2530
may, in addition to the authority referred to in division (B) of	2531
this section, authorize and provide for the issuance of:	2532

(a) Obligations in the form of bond anticipation notes, and	2533
may provide for the renewal of those notes from time to time by	2534
the issuance of new notes. The holders of notes or appertaining	2535
interest coupons have the right to have debt service on those	2536
notes paid solely from the moneys and special funds that are or	2537
may be pledged to that payment, including the proceeds of bonds or	2538
renewal notes or both, as the issuing authority provides in the	2539
bond proceedings authorizing the notes. Notes may be additionally	2540
secured by covenants of the issuing authority to the effect that	2541
the issuing authority and the state will do all things necessary	2542
for the issuance of bonds or renewal notes in such principal	2543
amount and upon such terms as may be necessary to provide moneys	2544
to pay when due the debt service on the notes, and apply their	2545
proceeds to the extent necessary, to make full and timely payment	2546
of debt service on the notes as provided in the applicable bond	2547
proceedings. In the bond proceedings authorizing the issuance of	2548
bond anticipation notes the issuing authority shall set forth for	2549
the bonds anticipated an estimated schedule of annual principal	2550
payments the latest of which shall be no later than provided in	2551
division (C) of this section. While the notes are outstanding	2552
there shall be deposited, as shall be provided in the bond	2553
proceedings for those notes, from the sources authorized for	2554
payment of debt service on the bonds, amounts sufficient to pay	2555
the principal of the bonds anticipated as set forth in that	2556
estimated schedule during the time the notes are outstanding,	2557
which amounts shall be used solely to pay the principal of those	2558
notes or of the bonds anticipated.	2559

(b) Obligations for the refunding, including funding and	2560
retirement, and advance refunding with or without payment or	2561
redemption prior to maturity, of any obligations previously	2562
issued. Refunding obligations may be issued in amounts sufficient	2563
to pay or to provide for repayment of the principal amount,	2564
including principal amounts maturing prior to the redemption of	2565
the remaining prior obligations, any redemption premium, and	2566
interest accrued or to accrue to the maturity or redemption date	2567
or dates, payable on the prior obligations, and related financing	2568
costs and any expenses incurred or to be incurred in connection	2569
with that issuance and refunding. Subject to the applicable bond	2570
proceedings, the portion of the proceeds of the sale of refunding	2571
obligations issued under division (J)(1)(b) of this section to be	2572
applied to debt service on the prior obligations shall be credited	2573
to an appropriate separate account in the bond service fund and	2574
held in trust for the purpose by the issuing authority or by a	2575
corporate trustee. Obligations authorized under this division	2576
shall be considered to be issued for those purposes for which the	2577
prior obligations were issued.	2578

(2) Except as otherwise provided in sections 151.01 to 151.11	2579
or 151.40 of the Revised Code, bonds or notes authorized pursuant	2580
to division (J) of this section are subject to the provisions of	2581
those sections pertaining to obligations generally.	2582

(3) The principal amount of refunding or renewal obligations	2583
issued pursuant to division (J) of this section shall be in	2584
addition to the amount authorized by the general assembly as	2585
referred to in division (B) of the following sections: section	2586
151.03, 151.04, 151.05, 151.06, 151.07, 151.08, 151.09, 151.10,	2587
151.11, or 151.40 of the Revised Code.	2588

(K) Obligations are lawful investments for banks, savings and	2589
loan associations, credit union share guaranty corporations, trust	2590
companies, trustees, fiduciaries, insurance companies, including	2591
domestic for life and domestic not for life, trustees or other	2592
officers having charge of sinking and bond retirement or other	2593
special funds of the state and political subdivisions and taxing	2594
districts of this state, the sinking fund, the administrator of	2595
workers' compensation subject to the approval of the workers'	2596
compensation board, the state teachers retirement system, the	2597
public employees retirement system, the school employees	2598
retirement system, and the Ohio police and fire pension fund,	2599
notwithstanding any other provisions of the Revised Code or rules	2600
adopted pursuant to those provisions by any state agency with	2601
respect to investments by them, and are also acceptable as	2602
security for the repayment of the deposit of public moneys. The	2603
exemptions from taxation in Ohio as provided for in particular	2604
sections of the Ohio Constitution and section 5709.76 of the	2605
Revised Code apply to the obligations.	2606

(L)(1) Unless otherwise provided or provided for in any	2607
applicable bond proceedings, moneys to the credit of or in a	2608
special fund shall be disbursed on the order of the issuing	2609
authority. No such order is required for the payment, from the	2610
bond service fund or other special fund, when due of debt service	2611
or required payments under credit enhancement facilities.	2612

(2) Payments received by the state under interest rate hedges	2613
entered into as credit enhancement facilities under this chapter	2614
shall be deposited to the credit of the bond service fund for the	2615
obligations to which those credit enhancement facilities relate.	2616

(M) The full faith and credit, revenue, and taxing power of	2617
the state are and shall be pledged to the timely payment of debt	2618
service on outstanding obligations as it comes due, all in	2619
accordance with Section 2k, 2l, 2m, 2n, 2o, 2p, or 15 of Article	2620
VIII, Ohio Constitution, and section 151.03, 151.04, 151.05,	2621
151.06, 151.07, 151.08, 151.09, 151.10, or 151.11 of the Revised	2622
Code. Moneys referred to in Section 5a of Article XII, Ohio	2623
Constitution, may not be pledged or used for the payment of debt	2624
service except on obligations referred to in section 151.06 of the	2625
Revised Code. Net state lottery proceeds, as provided for and	2626
referred to in section 3770.06 of the Revised Code, may not be	2627
pledged or used for the payment of debt service except on	2628
obligations referred to in section 151.03 of the Revised Code. The	2629
state covenants, and that covenant shall be controlling	2630
notwithstanding any other provision of law, that the state and the	2631
applicable officers and agencies of the state, including the	2632
general assembly, shall, so long as any obligations are	2633
outstanding in accordance with their terms, maintain statutory	2634
authority for and cause to be levied, collected and applied	2635
sufficient pledged excises, taxes, and revenues of the state so	2636
that the revenues shall be sufficient in amounts to pay debt	2637
service when due, to establish and maintain any reserves and other	2638
requirements, and to pay financing costs, including costs of or	2639
relating to credit enhancement facilities, all as provided for in	2640
the bond proceedings. Those excises, taxes, and revenues are and	2641
shall be deemed to be levied and collected, in addition to the	2642
purposes otherwise provided for by law, to provide for the payment	2643
of debt service and financing costs in accordance with sections	2644
151.01 to 151.11 of the Revised Code and the bond proceedings.	2645

(N) The general assembly may from time to time repeal or	2646
reduce any excise, tax, or other source of revenue pledged to the	2647
payment of the debt service pursuant to Section 2k, 2l, 2m, 2n,	2648
2o, 2p, or 15 of Article VIII, Ohio Constitution, and sections	2649
151.01 to 151.11 or 151.40 of the Revised Code, and may levy,	2650
collect and apply any new or increased excise, tax, or revenue to	2651
meet the pledge, to the payment of debt service on outstanding	2652
obligations, of the state's full faith and credit, revenue and	2653
taxing power, or of designated revenues and receipts, except fees,	2654
excises or taxes referred to in Section 5a of Article XII, Ohio	2655
Constitution, for other than obligations referred to in section	2656
151.06 of the Revised Code and except net state lottery proceeds	2657
for other than obligations referred to in section 151.03 of the	2658
Revised Code. Nothing in division (N) of this section authorizes	2659
any impairment of the obligation of this state to levy and collect	2660
sufficient excises, taxes, and revenues to pay debt service on	2661
obligations outstanding in accordance with their terms.	2662

(O) Each bond service fund is a trust fund and is hereby	2663
pledged to the payment of debt service on the applicable	2664
obligations. Payment of that debt service shall be made or	2665
provided for by the issuing authority in accordance with the bond	2666
proceedings without necessity for any act of appropriation. The	2667
bond proceedings may provide for the establishment of separate	2668
accounts in the bond service fund and for the application of those	2669
accounts only to debt service on specific obligations, and for	2670
other accounts in the bond service fund within the general	2671
purposes of that fund.	2672

(P) Subject to the bond proceedings pertaining to any	2673
obligations then outstanding in accordance with their terms, the	2674
issuing authority may in the bond proceedings pledge all, or such	2675
portion as the issuing authority determines, of the moneys in the	2676
bond service fund to the payment of debt service on particular	2677
obligations, and for the establishment and maintenance of any	2678
reserves for payment of particular debt service.	2679

(Q) The issuing authority shall by the fifteenth day of July	2680
of each fiscal year, certify or cause to be certified to the	2681
office of budget and management the total amount of moneys	2682
required during the current fiscal year to meet in full all debt	2683
service on the respective obligations and any related financing	2684
costs payable from the applicable bond service fund and not from	2685
the proceeds of refunding or renewal obligations. The issuing	2686
authority shall make or cause to be made supplemental	2687
certifications to the office of budget and management for each	2688
debt service payment date and at such other times during each	2689
fiscal year as may be provided in the bond proceedings or	2690
requested by that office. Debt service, costs of credit	2691
enhancement facilities, and other financing costs shall be set	2692
forth separately in each certification. If and so long as the	2693
moneys to the credit of the bond service fund, together with any	2694
other moneys available for the purpose, are insufficient to meet	2695
in full all payments when due of the amount required as stated in	2696
the certificate or otherwise, the office of budget and management	2697
shall at the times as provided in the bond proceedings, and	2698
consistent with any particular provisions in sections 151.03 to	2699
151.11 and 151.40 of the Revised Code, transfer a sufficient	2700
amount to the bond service fund from the pledged revenues in the	2701
case of obligations issued pursuant to section 151.40 of the	2702
Revised Code, and in the case of other obligations from the	2703
revenues derived from excises, taxes, and other revenues,	2704
including net state lottery proceeds in the case of obligations	2705
referred to in section 151.03 of the Revised Code.	2706

(R) Unless otherwise provided in any applicable bond	2707
proceedings, moneys to the credit of special funds may be invested	2708
by or on behalf of the state only in one or more of the following:	2709

(1) Notes, bonds, or other direct obligations of the United	2710
States or of any agency or instrumentality of the United States,	2711
or in no-front-end-load money market mutual funds consisting	2712
exclusively of those obligations, or in repurchase agreements,	2713
including those issued by any fiduciary, secured by those	2714
obligations, or in collective investment funds consisting	2715
exclusively of those obligations;	2716

(2) Obligations of this state or any political subdivision of	2717
this state;	2718

(3) Certificates of deposit of any national bank located in	2719
this state and any bank, as defined in section 1101.01 of the	2720
Revised Code, subject to inspection by the superintendent of	2721
financial institutions;	2722

(4) The treasurer of state's pooled investment program under	2723
section 135.45 of the Revised Code.	2724

The income from investments referred to in division (R) of	2725
this section shall, unless otherwise provided in sections 151.01	2726
to 151.11 or 151.40 of the Revised Code, be credited to special	2727
funds or otherwise as the issuing authority determines in the bond	2728
proceedings. Those investments may be sold or exchanged at times	2729
as the issuing authority determines, provides for, or authorizes.	2730

(S) The treasurer of state shall have responsibility for	2731
keeping records, making reports, and making payments, relating to	2732
any arbitrage rebate requirements under the applicable bond	2733
proceedings.	2734

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

2735

(1) "Costs of conservation projects" includes related direct	2736
administrative expenses and allocable portions of the direct costs	2737
of those projects of the department of agriculture, the department	2738
of natural resources, or the Ohio public works commission.	2739

(2) "Obligations" means obligations as defined in section	2740
151.01 of the Revised Code issued to pay costs of projects for	2741
conservation purposes as referred to in division (A)(1) of Section	2742
2o of Article VIII, Ohio Constitution.	2743

(B)(1) The issuing authority shall issue general obligations	2744
of the state to pay costs of conservation projects pursuant to	2745
division (B)(1) of Section 2o of Article VIII, Ohio Constitution,	2746
section 151.01 of the Revised Code, and this section. The issuing	2747
authority, upon the certification to it by the Ohio public works	2748
commission of amounts needed in and for the purposes of the clean	2749
Ohio conservation fund created by section 164.27 of the Revised	2750
Code, the clean Ohio agricultural easement fund created by section	2751
901.21 of the Revised Code, and the clean Ohio trail fund created	2752
by section 1519.05 of the Revised Code, shall issue obligations in	2753
the amount determined by the issuing authority to be required for	2754
those purposes. The totalNot more than two hundred million	2755
dollars principal amount of obligations issued under this section	2756
shall not exceed two hundred million dollarsfor conservation	2757
purposes may be outstanding at any one time. Not more than fifty	2758
million dollars principal amount of obligations, plus the	2759
principal amount of obligations that in any prior fiscal year	2760
could have been, but were not issued within the	2761
fifty-million-dollar fiscal year limit, may be issued in any	2762
fiscal year.	2763

(2) In making the certification required under division	2764
(B)(1) of this section, the Ohio public works commission shall	2765
consult with the department of agriculture and the department of	2766
natural resources. The commission shall certify amounts that	2767
correspond to the distribution of the net proceeds of obligations	2768
provided in division (C) of this section.	2769

(C) Net proceeds of obligations shall be deposited as	2770
follows:	2771

(1) Seventy-five per cent into the clean Ohio conservation	2772
fund created by section 164.27 of the Revised Code;	2773

(2) Twelve and one-half per cent into the clean Ohio	2774
agricultural easement fund created by section 901.21 of the	2775
Revised Code;	2776

(3) Twelve and one-half per cent into the clean Ohio trail	2777
fund created by section 1519.05 of the Revised Code.	2778

(D) There is hereby created in the state treasury the	2779
conservation projects bond service fund. All moneys received by	2780
the state and required by the bond proceedings, consistent with	2781
section 151.01 of the Revised Code and this section, to be	2782
deposited, transferred, or credited to the bond service fund, and	2783
all other moneys transferred or allocated to or received for the	2784
purposes of that fund, shall be deposited and credited to the bond	2785
service fund, subject to any applicable provisions of the bond	2786
proceedings, but without necessity for any act of appropriation.	2787
During the period beginning with the date of the first issuance of	2788
obligations and continuing during the time that any obligations	2789
are outstanding in accordance with their terms, so long as moneys	2790
in the bond service fund are insufficient to pay debt service when	2791
due on those obligations payable from that fund, except the	2792
principal amounts of bond anticipation notes payable from the	2793
proceeds of renewal notes or bonds anticipated, and due in the	2794
particular fiscal year, a sufficient amount of revenues of the	2795
state is committed and, without necessity for further act of	2796
appropriation, shall be paid to the bond service fund for the	2797
purpose of paying that debt service when due.	2798

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

2799

(1) "Costs of research and development projects" includes	2800
related direct administrative expenses and allocable portions of	2801
the direct costs of those projects, costs of capital facilities,	2802
and working capital, all for the following:	2803

(a) Attracting researchers and research teams by endowing	2804
research chairs or otherwise;	2805

(b) Activities to develop and commercialize products and	2806
processes;	2807

(c) Intellectual property matters such as copyrights and	2808
patents;	2809

(d) Property interests including timesharing arrangements,	2810
capital formation, direct operating costs, and costs of research	2811
and facilities including interests in real property therefore; and	2812

(e) Support for public and private institutions of higher	2813
education, research organizations or institutions, and private	2814
sector entities.	2815

(2) "Obligations" means obligations as defined in section	2816
151.01 of the Revised Code issued to pay costs of projects for	2817
research and development purposes as referred to in division	2818
(A)(2) of Section 2p of Article VIII, Ohio Constitution.	2819

(3) "Project" means any research and development project, as	2820
defined in section 184.10 of the Revised Code, or facility,	2821
including undivided or other interests, acquired or to be	2822
acquired, constructed or to be constructed, or operating or to be	2823
operated by a person doing business in this state or by an	2824
educational or scientific institution located in this state with	2825
all or part of the cost of the project being paid from a grant or	2826
loan from the third frontier research and development fund or the	2827
third frontier research and development taxable bond fund or a	2828
loan guaranteed under Chapter 184. of the Revised Code, including	2829
all buildings and facilities determined necessary for the	2830
operation of the project, together with all property, rights,	2831
easements, and interests that may be required for the operation of	2832
the project.	2833

(B) The issuing authority shall issue general obligations of	2834
the state to pay costs of research and development projects	2835
pursuant to division (B)(2) of Section 2p of Article VIII, Ohio	2836
Constitution, section 151.01 of the Revised Code, and this	2837
section. The issuing authority shall issue obligations in the	2838
amount determined by the issuing authority to be required for	2839
those purposes. The total principal amount of obligations issued	2840
under this section shall not exceed five hundred million dollars.	2841

(C) Net proceeds of obligations shall be deposited into the	2842
third frontier research and development fund created by section	2843
184.19 of the Revised Code or into the third frontier research and	2844
development taxable bond fund created by section 184.191 of the	2845
Revised Code if the obligations are federally taxable.	2846

(D) There is hereby created in the state treasury the third	2847
frontier research and development projects bond service fund. All	2848
moneys received by the state and required by the bond proceedings,	2849
consistent with section 151.01 of the Revised Code and this	2850
section, to be deposited, transferred, or credited to the bond	2851
service fund, and all other moneys transferred or allocated to or	2852
received for the purposes of that fund, shall be deposited and	2853
credited to the bond service fund, subject to any applicable	2854
provisions of the bond proceedings, but without necessity for any	2855
act of appropriation. During the period beginning with the date of	2856
the first issuance of obligations and continuing during the time	2857
that any obligations are outstanding in accordance with their	2858
terms, so long as moneys in the bond service fund are insufficient	2859
to pay debt service when due on those obligations payable from	2860
that fund, except the principal amounts of bond anticipation notes	2861
payable from the proceeds of renewal notes or bonds anticipated,	2862
and due in the particular fiscal year, a sufficient amount of	2863
revenues of the state is committed and, without necessity for	2864
further act of appropriation, shall be paid to the bond service	2865
fund for the purpose of paying that debt service when due.	2866

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

2867

(1) "Bond proceedings" includes any trust agreements, and any	2868
amendments or supplements to them, as authorized by this section.	2869

(2) "Costs of revitalization projects" includes related	2870
direct administrative expenses and allocable portions of the	2871
direct costs of those projects of the department of development or	2872
the environmental protection agency.	2873

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

2874

(4) "Obligations" means obligations as defined in section	2875
151.01 of the Revised Code issued to pay the costs of projects for	2876
revitalization purposes as referred to in division (A)(2) of	2877
Section 2o of Article VIII, Ohio Constitution.	2878

(5) "Pledged liquor profits" means all receipts of the state	2879
representing the gross profit on the sale of spirituous liquor, as	2880
referred to in division (B)(4) of section 4301.10 of the Revised	2881
Code, after paying all costs and expenses of the division of	2882
liquor control and providing an adequate working capital reserve	2883
for the division of liquor control as provided in that division,	2884
but excluding the sum required by the second paragraph of section	2885
4301.12 of the Revised Code, as it was in effect on May 2, 1980,	2886
to be paid into the state treasury.	2887

(6) "Pledged receipts" means, as and to the extent provided	2888
in bond proceedings:	2889

(a) Pledged liquor profits. The pledge of pledged liquor	2890
profits to obligations is subject to the priority of the pledge of	2891
those profits to obligations issued and to be issued pursuant to	2892
Chapter 166. of the Revised Code.	2893

(b) Moneys accruing to the state from the lease, sale, or	2894
other disposition or use of revitalization projects or from the	2895
repayment, including any interest, of loans or advances made from	2896
net proceeds;	2897

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

2898

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

2899

(e) Any gifts, grants, donations, or pledges, and receipts	2900
therefrom, available for the payment of debt service;	2901

(f) Additional or any other specific revenues or receipts	2902
lawfully available to be pledged, and pledged, pursuant to further	2903
authorization by the general assembly, to the payment of debt	2904
service.	2905

(B)(1) The issuing authority shall issue obligations of the	2906
state to pay costs of revitalization projects pursuant to division	2907
(B)(2) of Section 2o of Article VIII, Ohio Constitution, section	2908
151.01 of the Revised Code as applicable to this section, and this	2909
section. The issuing authority, upon the certification to it by	2910
the clean Ohio council of the amount of moneys needed in and for	2911
the purposes of the clean Ohio revitalization fund created by	2912
section 122.658 of the Revised Code, shall issue obligations in	2913
the amount determined by the issuing authority to be required for	2914
those purposes. The totalNot more than two hundred million	2915
dollars principal amount of obligations issued under this section	2916
shall not exceed two hundred million dollarsfor revitalization	2917
purposes may be outstanding at any one time. Not more than fifty	2918
million dollars principal amount of obligations, plus the	2919
principal amount of obligations that in any prior fiscal year	2920
could have been, but were not issued within the	2921
fifty-million-dollar fiscal year limit, may be issued in any	2922
fiscal year. The	2923

(2) The provisions and authorizations in section 151.01 of	2924
the Revised Code apply to the obligations and the bond proceedings	2925
except as otherwise provided or provided for in those obligations	2926
and bond proceedings.	2927

(C) Net proceeds of obligations shall be deposited in the	2928
clean Ohio revitalization fund created in section 122.658 of the	2929
Revised Code.	2930

(D) There is hereby created the revitalization projects bond	2931
service fund, which shall be in the custody of the treasurer of	2932
state, but shall be separate and apart from and not a part of the	2933
state treasury. All money received by the state and required by	2934
the bond proceedings, consistent with section 151.01 of the	2935
Revised Code and this section, to be deposited, transferred, or	2936
credited to the bond service fund, and all other money transferred	2937
or allocated to or received for the purposes of that fund, shall	2938
be deposited and credited to the bond service fund, subject to any	2939
applicable provisions of the bond proceedings, but without	2940
necessity for any act of appropriation. During the period	2941
beginning with the date of the first issuance of obligations and	2942
continuing during the time that any obligations are outstanding in	2943
accordance with their terms, so long as moneys in the bond service	2944
fund are insufficient to pay debt service when due on those	2945
obligations payable from that fund, except the principal amounts	2946
of bond anticipation notes payable from the proceeds of renewal	2947
notes or bonds anticipated, and due in the particular fiscal year,	2948
a sufficient amount of pledged receipts is committed and, without	2949
necessity for further act of appropriation, shall be paid to the	2950
bond service fund for the purpose of paying that debt service when	2951
due.	2952

(E) The issuing authority may pledge all, or such portion as	2953
the issuing authority determines, of the pledged receipts to the	2954
payment of the debt service charges on obligations issued under	2955
this section, and for the establishment and maintenance of any	2956
reserves, as provided in the bond proceedings, and make other	2957
provisions in the bond proceedings with respect to pledged	2958
receipts as authorized by this section, which provisions are	2959
controlling notwithstanding any other provisions of law pertaining	2960
to them.	2961

(F) The issuing authority may covenant in the bond	2962
proceedings, and such covenants shall be controlling	2963
notwithstanding any other provision of law, that the state and	2964
applicable officers and state agencies, including the general	2965
assembly, so long as any obligations issued under this section are	2966
outstanding, shall maintain statutory authority for and cause to	2967
be charged and collected wholesale or retail prices for spirituous	2968
liquor sold by the state or its agents so that the available	2969
pledged receipts are sufficient in time and amount to meet debt	2970
service payable from pledged liquor profits and for the	2971
establishment and maintenance of any reserves and other	2972
requirements provided for in the bond proceedings.	2973

(G) Obligations may be further secured, as determined by the	2974
issuing authority, by a trust agreement between the state and a	2975
corporate trustee, which may be any trust company or bank having	2976
its principal place of business within the state. Any trust	2977
agreement may contain the resolution or order authorizing the	2978
issuance of the obligations, any provisions that may be contained	2979
in any bond proceedings, and other provisions that are customary	2980
or appropriate in an agreement of that type, including, but not	2981
limited to:	2982

(1) Maintenance of each pledge, trust agreement, or other	2983
instrument comprising part of the bond proceedings until the state	2984
has fully paid or provided for the payment of debt service on the	2985
obligations secured by it;	2986

(2) In the event of default in any payments required to be	2987
made by the bond proceedings, enforcement of those payments or	2988
agreements by mandamus, the appointment of a receiver, suit in	2989
equity, action at law, or any combination of them;	2990

(3) The rights and remedies of the holders or owners of	2991
obligations and of the trustee and provisions for protecting and	2992
enforcing them, including limitations on rights of individual	2993
holders and owners.	2994

(H) The obligations shall not be general obligations of the	2995
state and the full faith and credit, revenue, and taxing power of	2996
the state shall not be pledged to the payment of debt service on	2997
them. The holders or owners of the obligations shall have no right	2998
to have any moneys obligated or pledged for the payment of debt	2999
service except as provided in this section and in the applicable	3000
bond proceedings. The rights of the holders and owners to payment	3001
of debt service are limited to all or that portion of the pledged	3002
receipts, and those special funds, pledged to the payment of debt	3003
service pursuant to the bond proceedings in accordance with this	3004
section, and each obligation shall bear on its face a statement to	3005
that effect.	3006

Sec. 152.09.  (A) As used in sections 152.06 and 152.09 to	3007
152.33 of the Revised Code:	3008

(1) "Obligations" means bonds, notes, or other evidences of	3009
obligation, including interest coupons pertaining thereto, issued	3010
pursuant to sections 152.09 to 152.33 of the Revised Code.	3011

(2) "State agencies" means the state of Ohio and branches,	3012
officers, boards, commissions, authorities, departments,	3013
divisions, courts, general assembly, or other units or agencies of	3014
the state. "State agency" also includes counties, municipal	3015
corporations, and governmental entities of this state that enter	3016
into leases with the Ohio building authority pursuant to section	3017
152.31 of the Revised Code or that are designated by law as state	3018
agencies for the purpose of performing a state function that is to	3019
be housed by a capital facility for which the Ohio building	3020
authority is authorized to issue revenue obligations pursuant to	3021
sections 152.09 to 152.33 of the Revised Code.	3022

(3) "Bond service charges" means principal, including	3023
mandatory sinking fund requirements for retirement of obligations,	3024
and interest, and redemption premium, if any, required to be paid	3025
by the Ohio building authority on obligations.	3026

(4) "Capital facilities" means buildings, structures, and	3027
other improvements, and equipment, real estate, and interests in	3028
real estate therefor, within the state, and any one, part of, or	3029
combination of the foregoing, for housing of branches and agencies	3030
of state government, including capital facilities for the purpose	3031
of housing personnel, equipment, or functions, or any combination	3032
thereof that the state agencies are responsible for housing, for	3033
which the Ohio building authority is authorized to issue	3034
obligations pursuant to Chapter 152. of the Revised Code, and	3035
includes storage and parking facilities related to such capital	3036
facilities.	3037

(5) "Cost of capital facilities" means the costs of	3038
assessing, planning, acquiring, constructing, reconstructing,	3039
rehabilitating, remodeling, renovating, enlarging, improving,	3040
altering, maintaining, equipping, furnishing, repairing, painting,	3041
decorating, managing, or operating capital facilities, and the	3042
financing thereof, including the cost of clearance and preparation	3043
of the site and of any land to be used in connection with capital	3044
facilities, the cost of participating in capital facilities	3045
pursuant to section 152.33 of the Revised Code, the cost of any	3046
indemnity and surety bonds and premiums on insurance, all related	3047
direct administrative expenses and allocable portions of direct	3048
costs of the authority and lessee state agencies, cost of	3049
engineering and architectural services, designs, plans,	3050
specifications, surveys, and estimates of cost, legal fees, fees	3051
and expenses of trustees, depositories, and paying agents for the	3052
obligations, cost of issuance of the obligations and financing	3053
charges and fees and expenses of financial advisers and	3054
consultants in connection therewith, interest on obligations from	3055
the date thereof to the time when interest is to be covered from	3056
sources other than proceeds of obligations, amounts that represent	3057
the portion of investment earnings to be rebated or to be paid to	3058
the federal government in order to maintain the exclusion from	3059
gross income for federal income tax purposes of interest on those	3060
obligations pursuant to section 148(f) of the Internal Revenue	3061
Code, amounts necessary to establish reserves as required by the	3062
resolutions or the obligations, trust agreements, or indentures,	3063
costs of audits, the reimbursement of all moneys advanced or	3064
applied by or borrowed from any governmental entity, whether to or	3065
by the authority or others, from whatever source provided, for the	3066
payment of any item or items of cost of the capital facilities,	3067
any share of the cost undertaken by the authority pursuant to	3068
arrangements made with governmental entities under division (J) of	3069
section 152.21 of the Revised Code, and all other expenses	3070
necessary or incident to assessing, planning, or determining the	3071
feasibility or practicability with respect to capital facilities,	3072
and such other expenses as may be necessary or incident to the	3073
assessment, planning, acquisition, construction, reconstruction,	3074
rehabilitation, remodeling, renovation, enlargement, improvement,	3075
alteration, maintenance, equipment, furnishing, repair, painting,	3076
decoration, management, or operation of capital facilities, the	3077
financing thereof and the placing of the same in use and	3078
operation, including any one, part of, or combination of such	3079
classes of costs and expenses.	3080

(6) "Governmental entity" means any state agency, municipal	3081
corporation, county, township, school district, and any other	3082
political subdivision or special district in this state	3083
established pursuant to law, and, except where otherwise	3084
indicated, also means the United States or any of the states or	3085
any department, division, or agency thereof, and any agency,	3086
commission, or authority established pursuant to an interstate	3087
compact or agreement.	3088

(7) "Governing body" means:

3089

(a) In the case of a county, the board of county	3090
commissioners or other legislative authority; in the case of a	3091
municipal corporation, the legislative authority; in the case of a	3092
township, the board of township trustees; in the case of a school	3093
district, the board of education;	3094

(b) In the case of any other governmental entity, the	3095
officer, board, commission, authority, or other body having the	3096
general management of the entity or having jurisdiction or	3097
authority in the particular circumstances.	3098

(8) "Available receipts" means fees, charges, revenues,	3099
grants, subsidies, income from the investment of moneys, proceeds	3100
from the sale of goods or services, and all other revenues or	3101
receipts received by or on behalf of any state agency for which	3102
capital facilities are financed with obligations issued under	3103
Chapter 152. of the Revised Code, any state agency participating	3104
in capital facilities pursuant to section 152.33 of the Revised	3105
Code, or any state agency by which the capital facilities are	3106
constructed or financed; revenues or receipts derived by the	3107
authority from the operation, leasing, or other disposition of	3108
capital facilities, and the proceeds of obligations issued under	3109
Chapter 152. of the Revised Code; and also any moneys appropriated	3110
by a governmental entity, gifts, grants, donations, and pledges,	3111
and receipts therefrom, available for the payment of bond service	3112
charges on such obligations.	3113

(B) Pursuant to the powers granted to the general assembly	3114
under Section 2i of Article VIII, Ohio Constitution, to authorize	3115
the issuance of revenue obligations and other obligations, the	3116
owners or holders of which are not given the right to have excises	3117
or taxes levied by the general assembly for the payment of	3118
principal thereof or interest thereon, the Ohio building authority	3119
may issue obligations, in accordance with Chapter 152. of the	3120
Revised Code, and shall cause the net proceeds thereof, after any	3121
deposits of accrued interest for the payment of bond service	3122
charges and after any deposit of all or such lesser portion as the	3123
authority may direct of the premium received upon the sale of	3124
those obligations for the payment of the bond service charges, to	3125
be applied to the costs of capital facilities designated by or	3126
pursuant to act of the general assembly for housing state agencies	3127
as authorized by Chapter 152. of the Revised Code. The authority	3128
shall provide by resolution for the issuance of such obligations.	3129
The bond service charges and all other payments required to be	3130
made by the trust agreement or indenture securing such obligations	3131
shall be payable solely from available receipts of the authority	3132
pledged thereto as provided in such resolution. The available	3133
receipts pledged and thereafter received by the authority are	3134
immediately subject to the lien of such pledge without any	3135
physical delivery thereof or further act, and the lien of any such	3136
pledge is valid and binding against all parties having claims of	3137
any kind against the authority, irrespective of whether those	3138
parties have notice thereof, and creates a perfected security	3139
interest for all purposes of Chapter 1309. of the Revised Code and	3140
a perfected lien for purposes of any real property interest, all	3141
without the necessity for separation or delivery of funds or for	3142
the filing or recording of the resolution, trust agreement,	3143
indenture, or other agreement by which such pledge is created or	3144
any certificate, statement, or other document with respect	3145
thereto; and the pledge of such available receipts is effective	3146
and the money therefrom and thereof may be applied to the purposes	3147
for which pledged. Every pledge, and every covenant and agreement	3148
made with respect to the pledge, made in the resolution may	3149
therein be extended to the benefit of the owners and holders of	3150
obligations authorized by Chapter 152. of the Revised Code, and to	3151
any trustee therefor, for the further securing of the payment of	3152
the bond service charges, and all or any rights under any	3153
agreement or lease made under this section may be assigned for	3154
such purpose. Obligations may be issued at one time or from time	3155
to time, and each issue shall be dated, shall mature at such time	3156
or times as determined by the authority not exceeding forty years	3157
from the date of issue, and may be redeemable before maturity at	3158
the option of the authority at such price or prices and under such	3159
terms and conditions as are fixed by the authority prior to the	3160
issuance of the obligations. The authority shall determine the	3161
form of the obligations, fix their denominations, establish their	3162
interest rate or rates, which may be a variable rate or rates, or	3163
the maximum interest rate, and establish within or without this	3164
state a place or places of payment of bond service charges.	3165

(C) The obligations shall be signed by the authority	3166
chairperson, vice-chairperson, and secretary-treasurer, and the	3167
authority seal shall be affixed. The signatures may be facsimile	3168
signatures and the seal affixed may be a facsimile seal, as	3169
provided by resolution of the authority. Any coupons attached may	3170
bear the facsimile signature of the chairperson. In case any	3171
officer who has signed any obligations, or caused the officer's	3172
facsimile signature to be affixed thereto, ceases to be such	3173
officer before such obligations have been delivered, such	3174
obligations may, nevertheless, be issued and delivered as though	3175
the person who had signed the obligations or caused the person's	3176
facsimile signature to be affixed thereto had not ceased to be	3177
such officer.	3178

Any obligations may be executed on behalf of the authority by	3179
an officer who, on the date of execution, is the proper officer	3180
although on the date of such obligations such person was not the	3181
proper officer.	3182

(D) All obligations issued by the authority shall have all	3183
the qualities and incidents of negotiable instruments and may be	3184
issued in coupon or in registered form, or both, as the authority	3185
determines. Provision may be made for the registration of any	3186
obligations with coupons attached thereto as to principal alone or	3187
as to both principal and interest, their exchange for obligations	3188
so registered, and for the conversion or reconversion into	3189
obligations with coupons attached thereto of any obligations	3190
registered as to both principal and interest, and for reasonable	3191
charges for such registration, exchange, conversion, and	3192
reconversion. The authority may sell its obligations in any manner	3193
and for such prices as it determines, except that the authority	3194
shall sell obligations sold at public or private sale in	3195
accordance with section 152.091 of the Revised Code.	3196

(E) The obligations of the authority, principal, interest,	3197
and any proceeds from their sale or transfer, are exempt from all	3198
taxation within this state.	3199

(F) The authority is authorized to issue revenue obligations	3200
and other obligations under Section 2i of Article VIII, Ohio	3201
Constitution, for the purpose of paying the cost of capital	3202
facilities for housing of branches and agencies of state	3203
government, including capital facilities for the purpose of	3204
housing personnel, equipment, or functions, or any combination	3205
thereof that the state agencies are responsible for housing, as	3206
are authorized by Chapter 152. of the Revised Code, and that are	3207
authorized by the general assembly by the appropriation of lease	3208
payments or other moneys for such capital facilities or by any	3209
other act of the general assembly, but not including the	3210
appropriation of moneys for feasibility studies for such capital	3211
facilities. This division does not authorize the authority to	3212
issue obligations pursuant to Section 2i of Article VIII, Ohio	3213
Constitution, to pay the cost of capital facilities for mental	3214
hygiene and retardation, parks and recreation, or state-supported	3215
or state-assisted institutions of higher education.	3216

Sec. 152.18.  Whenever the Ohio building authority	3217
constructs, reconstructs, rehabilitates, remodels, renovates,	3218
enlarges, improves, alters, maintains, equips, furnishes, repairs,	3219
paints, or decorates capital facilities pursuant to section	3220
152.19, 152.21, or 152.31 of the Revised Code or buildings,	3221
facilities, and other properties for use and occupancy of persons	3222
pursuant to section 152.04 of the Revised Code, the authority	3223
shall make the necessary plans and specifications, and shall	3224
advertise for bids for all work to be placed under contract once a	3225
week for two consecutive weeks in a newspaper of general	3226
circulation in the county within which the work is to be done, and	3227
shall award the contract to the lowest responsive and responsible	3228
bidder in accordance with section 9.312 of the Revised Code. When	3229
the authority determines, subject to approval by the controlling	3230
board, that a real and present emergency exists or if the cost of	3231
such a contract does not exceed fifty thousand dollars, such a	3232
contract may be awarded without advertising and receipt of bids. A	3233
bid guaranty pursuant to sections 153.54 to 153.571 of the Revised	3234
Code shall be required for any contract under this section.	3235

In all other cases of capital facilities financed by the	3236
authority, the construction, reconstruction, rehabilitation,	3237
remodeling, renovation, enlargement, improvement, alteration,	3238
maintenance, equipmentequipping, furnishing, repair, painting, or	3239
decoration of capital facilities by or for the state or any	3240
governmental entity shall be the responsibility of the department	3241
of administrative services, division of public works, or, with the	3242
consent of the department of administrative services, shall be the	3243
responsibility of the state agency using the capital facility, or	3244
the governmental entity with which a state agency is participating	3245
pursuant to section 152.33 of the Revised Code, and shall be	3246
undertaken by the department in compliance with Chapter 153. of	3247
the Revised Code, or by such state agency or governmental entity	3248
in accordance with otherwise applicable law.	3249

Sec. 152.19.  (A) The Ohio building authority may assess,	3250
plan, acquire, purchase, construct, reconstruct, rehabilitate,	3251
remodel, renovate, enlarge, improve, alter, maintain, equip,	3252
furnish, repair, paint, decorate, manage, and operate capital	3253
facilities for the use of state agencies on one or more sites	3254
within the state.	3255

(B) In the exercise of any of the authority granted by	3256
division (A) of this section, the Ohio building authority may	3257
follow the procedures of section 125.81 of the Revised Code.	3258

Sec. 152.21.  With respect to capital facilities described in	3259
sections 152.19 and 152.31 of the Revised Code, the Ohio building	3260
authority may:	3261

(A) Acquire, by appropriation subject to Chapter 163. of the	3262
Revised Code, or by gift, grant, lease, or purchase; hold; lease;	3263
mortgage in the case of capital facilities the real property or	3264
interest therein of which was not acquired by the authority	3265
pursuant to sections 152.05 and 152.06 of the Revised Code,	3266
including options and rights of first refusal to acquire; convey;	3267
and dispose of real estate and interests in real estate and	3268
personal property suitable for its purposes;	3269

(B) AcquireAssess, plan, acquire, purchase, construct,	3270
reconstruct, rehabilitate, remodel, renovate, enlarge, improve,	3271
alter, maintain, equip, furnish, repair, paint, decorate, and	3272
operate capital facilities as provided in sections 152.18, 152.19,	3273
and 152.31 of the Revised Code;	3274

(C) Issue obligations to secure funds to accomplish its	3275
purposes as more fully set forth in sections 152.09 to 152.33 of	3276
the Revised Code;	3277

(D) Enter into contracts and execute all instruments	3278
necessary in the conduct of its business;	3279

(E) Fix, alter, and charge rentals for the use and occupancy	3280
of its capital facilities and enter into leases for such use and	3281
occupancy as provided in section 152.24 of the Revised Code;	3282

(F) Employ financial consultants, appraisers, consulting	3283
engineers, architects, superintendents, managers, construction and	3284
accounting experts, attorneys at law, and other employees and	3285
agents as are necessary, in its judgment, and fix their	3286
compensation;	3287

(G) Manage and have general custodial care and supervision of	3288
its capital facilities or enter into contracts with the department	3289
of administrative services or the using state agency or	3290
governmental entity for such purposes;	3291

(H) Pledge, hypothecate, or otherwise encumber all or such	3292
portion as it determines of the available receipts to the payment	3293
of bond service charges on obligations or series of obligations	3294
issued pursuant to Chapter 152. of the Revised Code and for the	3295
establishment and maintenance of any reserves, as provided in the	3296
bond resolution, and make other provisions therein with respect to	3297
such available receipts as authorized by Chapter 152. of the	3298
Revised Code, which shall be controlling notwithstanding any other	3299
provisions of law pertaining thereto, and enter into trust	3300
agreements or indentures for the benefit of holders of its	3301
obligations;	3302

(I) Borrow money or accept advances, loans, gifts, grants,	3303
devises, or bequests from, and enter into contracts or agreements	3304
with, any federal agency or other governmental or private source,	3305
and hold and apply advances, loans, gifts, grants, devises, or	3306
bequests according to the terms thereof. Such advances, loans,	3307
gifts, grants, or devises of real estate may be in fee simple or	3308
of any lesser estate and may be subject to any reasonable	3309
reservations. Any advances or loans received from any federal or	3310
other governmental or private source may be repaid in accordance	3311
with the terms of such advance or loan.	3312

(J) Enter into lawful arrangements with the appropriate	3313
governmental entity for the planning and installation of streets	3314
and sidewalks, public utility facilities, and other necessary	3315
appurtenances to its capital facilities, and grant necessary	3316
easements for such purposes;	3317

(K) Purchase property insurance, including all risk or	3318
extended coverage, and boiler, rents, and public liability	3319
insurance for or relating to its property;	3320

(L) Establish rules for the use and operation of its	3321
buildings and facilities;	3322

(M) Do all other acts necessary to the fulfillment of its	3323
purposes.	3324

Any instrument by which real property is acquired pursuant to	3325
this section shall identify the agency of the state that has the	3326
use and benefit of the real property as specified in section	3327
5301.012 of the Revised Code.	3328

Sec. 152.24.  (A) Except as otherwise provided with respect	3329
to leasing of capital facilities in sections 152.241, 152.242,	3330
152.31, and 152.33 of the Revised Code, the department of	3331
administrative services or, with the consent of the department of	3332
administrative services, the state agency using an office facility	3333
and related storage and parking facilities, or participating in	3334
such facilities pursuant to section 152.33 of the Revised Code,	3335
shall lease any office facility and related storage and lparking	3336
parking facility acquired, purchased, constructed, reconstructed,	3337
rehabilitated, remodeled, renovated, enlarged, improved, altered,	3338
operated, maintained, equipped, furnished, repaired, painted,	3339
decorated, or financed by the Ohio building authority for housing	3340
any state agencies. An agreement between the authority and the	3341
department of administrative services or such using or	3342
participating agency may provide for the transfer of the property	3343
to the state after bonds and notes issued by the authority for the	3344
purpose of the acquisition, purchase, construction,	3345
reconstruction, rehabilitation, remodeling, renovation,	3346
enlargement, improvement, alteration, equipping, furnishing,	3347
repair, painting, decorating, or financing of such building or	3348
facility have been repaid. A lease between the authority and the	3349
department of administrative services or a using or participating	3350
agency shall be for a period not exceeding the then current	3351
two-year period for which appropriations have been made by the	3352
general assembly to the department of administrative services and	3353
the state agencies which will occupy or participate in the office	3354
facility and related storage and parking facility being leased,	3355
and such lease may contain such other terms as the department of	3356
administrative services, or a using or participating agency, and	3357
the authority agree notwithstanding any other provision of law,	3358
including provision that rental payments in amounts at least	3359
sufficient to pay bond service charges payable during the current	3360
two-year lease term shall be an absolute and unconditional	3361
obligation of the department of administrative services, or the	3362
using or participating agency, independent of all other duties	3363
under the lease without setoff or deduction or any other similar	3364
rights or defenses. Such an agreement may provide for renewal of a	3365
lease at the end of each term for another term, not exceeding two	3366
years, provided that no renewal shall be effective until the	3367
effective date of an appropriation enacted by the general assembly	3368
from which the department of administrative services, or the using	3369
or participating agency, may lawfully pay rentals under such	3370
lease. For purposes of this section, the term "lease" may include,	3371
without limitation, any agreement between the department of	3372
administrative services, or the using or participating agency, and	3373
the authority with respect to any costs of capital facilities to	3374
be incurred prior to land acquisition.	3375

(B) If the director of administrative services or the	3376
director of a state agency using or participating in an office	3377
facility and related storage and parking facility certifies that	3378
space in such facility acquired, purchased, constructed,	3379
reconstructed, rehabilitated, remodeled, renovated, enlarged,	3380
improved, altered, operated, maintained, equipped, furnished,	3381
repaired, painted, decorated, or financed by the authority has	3382
become unnecessary for state use, the authority may lease any	3383
excess space in such facility and related storage and parking	3384
facility to any governmental entity.	3385

(C) If space in any office facility leased by the authority	3386
to the department of administrative services is not immediately	3387
necessary for state use, the department of administrative services	3388
may exercise its authority under division (A)(9) of section 123.01	3389
of the Revised Code with respect to such space.	3390

(D) Capital facilities acquired, purchased, constructed,	3391
reconstructed, rehabilitated, remodeled, renovated, enlarged,	3392
improved, altered, operated, maintained, equipped, furnished,	3393
repaired, painted, decorated, or financed by the Ohio building	3394
authority, other than any office facility and related storage and	3395
parking facility required to be leased pursuant to division (A) of	3396
this section, shall be leased to the department of administrative	3397
services or to, the state agency using the capital facilities, or	3398
the state agency participating in the capital facilities pursuant	3399
to section 152.33 of the Revised Code. The department of	3400
administrative services or the using or participating state agency	3401
may sublease such capital facilities to other state agencies or	3402
other governmental entities. Such parties, including other state	3403
agencies or state-supported or state-assisted institutions of	3404
higher education, may make other agreements for the use,	3405
construction, or operation of such capital facilities in any	3406
manner permitted by the lease or agreement with the authority and	3407
for the charging, collection, and deposit of such revenues and	3408
receipts of the using or participating state agency constituting	3409
available receipts, all upon such terms and conditions as the	3410
parties may agree upon and pursuant to this chapter	3411
notwithstanding other provisions of law affecting the leasing,	3412
acquisition, operation, or disposition of capital facilities by	3413
such parties. Any such lease between the authority and the	3414
department of administrative services or a using or participating	3415
state agency shall be for a period not to exceed the then current	3416
two-year period for which appropriations have been made by the	3417
general assembly to the department of administrative services or	3418
such using or participating state agency. The lease between the	3419
authority and the department of administrative services or the	3420
using or participating state agency may provide for renewal of the	3421
lease at the end of each term for another term, not exceeding two	3422
years, but no renewal shall be effective until the effective date	3423
of an appropriation enacted by the general assembly from which the	3424
department of administrative services or the using or	3425
participating state agency may lawfully pay rentals under such	3426
lease. Any such leases, subleases, or agreements may set forth the	3427
responsibilities of the authority, state agencies,	3428
state-supported, or state-assisted institutions of higher	3429
education, or other governmental entities as to the financing,	3430
assessment, planning, acquisition, purchase, construction,	3431
reconstruction, rehabilitation, remodeling, renovation,	3432
enlargement, improvement, alteration, subleasing, management,	3433
operation, maintenance, equipping, furnishing, repair, painting,	3434
decorating, and insuring of such capital facilities and other	3435
terms and conditions applicable thereto, and any other provisions	3436
mutually agreed upon for the purposes of this chapter. Promptly	3437
upon execution thereof, a signed or conformed copy of each such	3438
lease or sublease or agreement, and any supplement thereto,	3439
between the authority and a governmental entity shall be filed by	3440
the authority with the department of administrative services and	3441
the director of budget and management, and, promptly upon	3442
execution thereof, a signed or conformed copy of each such	3443
sublease or agreement between two governmental entities, not	3444
including the authority, shall be filed with the authority and the	3445
director of budget and management. For purposes of this section,	3446
the term "lease" may include, without limitation, any agreement	3447
between the department of administrative services or the state	3448
agency using or participating in such capital facilities and the	3449
authority with respect to any costs of capital facilities to be	3450
incurred prior to land acquisition.	3451

(E) The transfer of tangible personal property by lease under	3452
authority of this chapter is not a sale as used in Chapter 5739.	3453
of the Revised Code. Any agreement of a governmental entity to	3454
make rental, use, or other payments or payment of purchase price,	3455
in installments or otherwise, or repayments to or on account of	3456
the authority and the obligations issued by the authority, shall	3457
not be deemed to constitute indebtedness, bonded or otherwise, or	3458
bonds, notes, or other evidence of indebtedness of such	3459
governmental entity for the purpose of Chapter 133. of the Revised	3460
Code or any other purpose; such leases and agreements requiring	3461
payments beyond the current fiscal year are continuing contracts	3462
for the purposes of sections 5705.41 and 5705.44 of the Revised	3463
Code.	3464

(F) Any agreement between the department of administrative	3465
services or the state agency using or participating in such	3466
capital facilities and the authority whichthat includes provision	3467
for the use of space by such using or participating state agency	3468
or the department of administrative services, even if executed	3469
prior to land acquisition or completion of construction,	3470
improvements, or financing, shall be a lease for purposes of this	3471
chapter and for all other purposes. No such lease need be recorded	3472
or recordable for purposes of determining its validity or legal	3473
sufficiency.	3474

Sec. 152.26.  In the exercise of its powers under section	3475
152.19, 152.21, or 152.31 of the Revised Code, the Ohio building	3476
authority shall cause bids to be let and awarded for the	3477
construction, reconstruction, rehabilitation, remodeling,	3478
renovation, enlargement, improvement, alteration, furnishing, and	3479
equipping, repair, painting, and decorating of the buildings and	3480
facilities and pay the costs and supervise the accomplishment	3481
thereof, or the authority may enter into a contract with the	3482
administrator of workers' compensation for the construction of one	3483
or more buildings on one or more sites in the state. If such a	3484
building is constructed by the administrator, it shall be leased	3485
to the authority for leasing, operation, and maintenance by the	3486
authority or subsequent leasing by the authority to the department	3487
of administrative services. Rentals shall be fixed by the	3488
authority in such case so that the costs of construction are	3489
repaid to the state insurance fund with the same average rate of	3490
interest as though state insurance fund moneys were invested in	3491
obligations of the authority.	3492

In the process of inviting bids and awarding contracts, the	3493
authority shall be guided by the procedures set forth in sections	3494
153.01 to 153.20 of the Revised Code.	3495

The department of administrative services and all agencies of	3496
the state government shall cooperate with the authority and the	3497
legislative office building committee in supplying any services or	3498
information and in relocating offices to carry out this chapter.	3499

Sec. 154.02.  (A) Pursuant to the provisions of Chapter 154.	3500
of the Revised Code, the issuing authority may issue obligations	3501
as from time to time authorized by or pursuant to act or	3502
resolution of the general assembly, consistent with such	3503
limitations thereon, subject to section 154.12 of the Revised	3504
Code, as the general assembly may thereby prescribe as to	3505
principal amount, bond service charges, or otherwise, and shall	3506
cause the proceeds thereof to be applied to those capital	3507
facilities designated by or pursuant to act of the general	3508
assembly for mental hygiene and retardation, state supported and	3509
assisted institutions of higher education, including technical	3510
education, parks and recreation, Ohio cultural facilities, and	3511
Ohio sports facilitiesany of the following:	3512

(1) Mental hygiene and retardation, including housing for	3513
mental hygiene and retardation patients under Section 16 of	3514
Article VIII, Ohio Constitution;	3515

(2) State supported and assisted institutions of higher	3516
education, including technical education;	3517

(3) Parks and recreation;

3518

(4) Ohio cultural facilities;

3519

(5) Ohio sports facilities.

3520

(B) The authority provided by Chapter 154. of the Revised	3521
Code is in addition to any other authority provided by law for the	3522
same or similar purposes, except as may otherwise specifically be	3523
provided in Chapter 154. of the Revised Code. In case any section	3524
or provision of Chapter 154. of the Revised Code or in case any	3525
covenant, stipulation, obligation, resolution, trust agreement,	3526
indenture, lease agreement, act, or action, or part thereof, made,	3527
assumed, entered into, or taken under Chapter 154. of the Revised	3528
Code, or any application thereof, is for any reason held to be	3529
illegal or invalid, such illegality or invalidity shall not affect	3530
the remainder thereof or any other section or provision of Chapter	3531
154. of the Revised Code or any other covenant, stipulation,	3532
obligation, resolution, trust agreement, indenture, lease,	3533
agreement, act, or action, or part thereof, made, assumed, entered	3534
into, or taken under such chapter, which shall be construed and	3535
enforced as if such illegal or invalid portion were not contained	3536
therein, nor shall such illegality or invalidity or any	3537
application thereof affect any legal and valid application	3538
thereof, and each such section, provision, covenant, stipulation,	3539
obligation, resolution, trust agreement, indenture, lease,	3540
agreement, act, or action, or part thereof, shall be deemed to be	3541
effective, operative, made, entered into or taken in the manner	3542
and to the full extent permitted by law.	3543

Sec. 154.20.  (A) Subject to authorization by the general	3544
assembly under section 154.02 of the Revised Code, the issuing	3545
authority may issue obligations pursuant to this chapter to pay	3546
costs of capital facilities for mental hygiene and retardation,	3547
including housing for mental hygiene and retardation patients.	3548

(B) Any capital facilities for mental hygiene or retardation,	3549
including housing for mental hygiene and retardation patients, may	3550
be leased by the commission to the department of mental health,	3551
the department of mental retardation and developmental	3552
disabilities, or the department of alcohol and drug addiction	3553
services, and other agreements may be made by the commission and	3554
any one or more of these departments with respect to the use or	3555
purchase of such capital facilities or, subject to the approval of	3556
the director of the department, the commission may lease such	3557
capital facilities to, and make or provide for other agreements	3558
with respect to the use or purchase thereof with, any governmental	3559
agency having authority under law to operate such capital	3560
facilities, and the director of the department may sublease such	3561
capital facilities to, and make other agreements with respect to	3562
the use or purchase thereof with, any such governmental agency,	3563
which may include provisions for transmittal to the mental health	3564
bond service trust fund created under division (E) of this	3565
section, by such governmental agency or by a nonprofit corporation	3566
providing mental hygiene and retardation services for or under	3567
contract with or the supervision of that governmental agency, of	3568
receipts of that agency or nonprofit corporation from charges for	3569
the treatment or care of mental hygiene and retardation patients,	3570
all upon such terms and conditions as the parties may agree upon	3571
and pursuant to this chapter, notwithstanding any other provision	3572
of law affecting the leasing, acquisition, or disposition of	3573
capital facilities by the parties.	3574

(C) For purposes of this section, "available receipts" means	3575
all receipts of the state from charges for the treatment or care	3576
of mental hygiene and retardation patients, including support	3577
payments received under Chapter 5121. of the Revised Code and	3578
moneys required to be transmitted to the mental health bond	3579
service trust fund pursuant to subleases and other agreements	3580
between any of the departments and another governmental agency	3581
pursuant to division (B) of this section as the subleases and	3582
other agreements may be further implemented for internal planning,	3583
budgeting, and accounting purposes pursuant to rules adopted by	3584
the director of mental health, director of mental retardation and	3585
developmental disabilities, or director of alcohol and drug	3586
addiction services, any revenues or receipts derived by the	3587
commission from the operation, leasing, or other disposition of	3588
capital facilities financed under this section, the proceeds of	3589
obligations issued under this section and sections 154.11 and	3590
154.12 of the Revised Code, and also means any gifts, grants,	3591
donations, and pledges, and receipts therefrom, available for the	3592
payment of bond service charges on such obligations. The issuing	3593
authority may pledge all, or such portion as that authority	3594
determines, of the available receipts to the payment of bond	3595
service charges on obligations issued under this section and under	3596
sections 154.11 and 154.12 of the Revised Code and for the	3597
establishment and maintenance of any reserves, as provided in the	3598
bond proceedings, and make other provisions therein with respect	3599
to such available receipts as authorized by this chapter, which	3600
provisions shall be controlling notwithstanding any other	3601
provision of law pertaining thereto.	3602

(D) The issuing authority may covenant in the bond	3603
proceedings that the state and state agencies shall, so long as	3604
any obligations issued under this section are outstanding, cause	3605
to be charged and collected charges for the treatment or care of	3606
mental hygiene and retardation patients sufficient in amount to	3607
provide for the payment of bond service charges on such	3608
obligations and for the establishment and maintenance of any	3609
reserves, as provided in the bond proceedings, and such covenants	3610
shall be controlling notwithstanding any other provision of law	3611
pertaining to such charges.	3612

(E) There is hereby created the mental health bond service	3613
trust fund, which shall be in the custody of the treasurer of	3614
state but shall be separate and apart from and not a part of the	3615
state treasury. All moneys received by or on account of the	3616
commission or issuing authority or state agencies and required by	3617
the applicable bond proceedings to be deposited, transferred, or	3618
credited to the fund, and all other moneys transferred or	3619
allocated to or received for the purposes of the fund, shall be	3620
deposited with the treasurer of state and credited to such fund,	3621
subject to applicable provisions of the bond proceedings, but	3622
without necessity for any act of appropriation. The mental health	3623
bond service trust fund is a trust fund and is hereby pledged to	3624
the payment of bond service charges on the obligations issued	3625
pursuant to this section and sections 154.11 and 154.12 of the	3626
Revised Code to the extent provided in the applicable bond	3627
proceedings, and payment thereof from such fund shall be made or	3628
provided for by the treasurer of state in accordance with such	3629
bond proceedings without necessity for any act of appropriation.	3630

(F) There is hereby created in the state treasury the mental	3631
health facilities improvement fund. Subject to the bond	3632
proceedings therefor, all of the proceeds of the sale of	3633
obligations pursuant to this section shall be credited to the	3634
fund, except that any accrued interest shall be credited to the	3635
mental health bond service fund. The mental health facilities	3636
improvement fund may also be comprised of gifts, grants,	3637
appropriated moneys, and other sums and securities received to the	3638
credit of such fund. The fund shall be applied only to the purpose	3639
of payingfollowing purposes:	3640

(1) Paying costs of capital facilities for mental hygiene and	3641
retardation, including housing for mental hygiene and retardation	3642
patients, under the jurisdiction of the department of mental	3643
health, department of mental retardation and developmental	3644
disabilities, or department of alcohol and drug addiction services	3645
or for participation;	3646

(2) Participating in capital facilities for mental hygiene	3647
and retardation, including housing for mental hygiene and	3648
retardation patients, with the federal government, municipal	3649
corporations, counties, or other governmental agencies, or to a	3650
nonprofit corporation specifically chartered to provide a mental	3651
health or mental retardation service when such service fulfills a	3652
public purpose, which participation may be by grants or	3653
contributions to them for such capital facilities. Except as	3654
provided in division (G) of this section, the nonprofit	3655
corporation may act in concert with a limited partnership or a	3656
limited liability company eligible to participate in the nonprofit	3657
set-aside described in section 42(h)(5) of the "Internal Revenue	3658
Code of 1986," 100 Stat. 2198, 26 U.S.C. 42, and the Ohio housing	3659
finance agency's housing tax credit program for the purpose of	3660
making use of low-income housing tax credits in support of housing	3661
for mental hygiene and retardation patients.	3662

(G) A nonprofit corporation providing a mental retardation	3663
service must obtain written approval from the director of mental	3664
retardation and developmental disabilities before acting in	3665
concert with a limited partnership or limited liability company as	3666
described in division (F)(2) of this section. However, the	3667
director may issue one blanket approval for all such nonprofit	3668
corporations.	3669

(H) This section is to be applied with other applicable	3670
provisions of this chapter.	3671

Sec. 169.13.  (A) All agreements to pay a fee, compensation,	3672
commission, or other remuneration to locate, deliver, recover, or	3673
assist in the recovery of unclaimed funds reported under section	3674
169.03 of the Revised Code, entered into within two years	3675
immediately after the date a report is filed under division (C) of	3676
section 169.03 of the Revised Code, are invalid.	3677

(B) An agreement entered into any time after such two-year	3678
period is valid only if both of the following conditions are met:	3679

(1) The aggregate fee, compensation, commission, or other	3680
remuneration agreed upon, paid directly or indirectly, is not in	3681
excess of ten per cent of the amount recovered and paid to the	3682
owner by the auditordirector of statebudget and management;	3683

(2) The agreement is in writing, signed by the owner, and	3684
discloses all of the following items:	3685

(a) The nature and value of the property;

3686

(b) The amount the owner will receive after the fee or	3687
compensation has been subtracted;	3688

(c) The name and address of the person or entity in	3689
possession of the property.	3690

(C) No person shall receive a fee, compensation, commission,	3691
or other remuneration, or engage in any activity for the purpose	3692
of locating, delivering, recovering, or assisting in the recovery	3693
of unclaimed funds, under an agreement that is invalid under this	3694
section.	3695

(D) Whoever violates division (C) of this section is guilty	3696
of a misdemeanor of the first degree for a first offense and of a	3697
felony of the fifth degree for each subsequent offense.	3698

Sec. 176.05.  (A)(1) Notwithstanding any provision of law to	3699
the contrary, the rate of wages payable for the various	3700
occupations covered by sections 4115.03 to 4115.16 of the Revised	3701
Code to persons employed on a project who are not any of the	3702
following shall be determined according to this section:	3703

(a) Qualified volunteers;

3704

(b) Persons required to participate in a work activity,	3705
developmental activity, or alternative work activity under	3706
sections 5107.40 to 5107.69 of the Revised Code except those	3707
engaged in paid employment or subsidized employment pursuant to	3708
the activity;	3709

(c) Food stamp benefit recipients required to participate in	3710
employment and training activities established by rules adopted	3711
under section 5101.54 of the Revised Code.	3712

An association representing the general contractors or	3713
subcontractors that engage in the business of residential	3714
construction in a certain locality shall negotiate with the	3715
applicable building and construction trades council in that	3716
locality an agreement or understanding that sets forth the	3717
residential prevailing rate of wages, payable on projects in that	3718
locality, for each of the occupations employed on those projects.	3719

(2) Notwithstanding any residential prevailing rate of wages	3720
established prior to July 1, 1995, if, by October 1, 1995, the	3721
parties are unable to agree under division (A)(1) of this section	3722
as to the rate of wages payable for each occupation covered by	3723
sections 4115.03 to 4115.16 of the Revised Code, the director of	3724
commerce shall establish the rate of wages payable for each	3725
occupation.	3726

(3) The residential prevailing rate of wages established	3727
under division (A)(1) or (2) of this section shall not be equal to	3728
or greater than the prevailing rate of wages determined by the	3729
director pursuant to sections 4115.03 to 4115.16 of the Revised	3730
Code for any of the occupations covered by those sections.	3731

(B) Except for the prevailing rate of wages determined by the	3732
director pursuant to sections 4115.03 to 4115.16 of the Revised	3733
Code, those sections and section 4115.99 of the Revised Code apply	3734
to projects.	3735

(C) The residential prevailing rate of wages established	3736
under division (A) of this section is not payable to any	3737
individual or member of that individual's family who provides	3738
labor in exchange for acquisition of the property for	3739
homeownership or who provides labor in place of or as a supplement	3740
to any rental payments for the property.	3741

(D) For the purposes of this section:

3742

(1) "Project" means any construction, rehabilitation,	3743
remodeling, or improvement of residential housing, whether on a	3744
single or multiple site for which a person, as defined in section	3745
1.59 of the Revised Code, or municipal corporation, county, or	3746
township receives financing, that is financed in whole or in part	3747
from state moneys or pursuant to this chapter, section 133.51 or	3748
307.698 of the Revised Code, or Chapter 174. or 175. of the	3749
Revised Code, except for any of the following:	3750

(a) The single-family mortgage revenue bonds homeownership	3751
program under Chapter 175. of the Revised Code, including	3752
owner-occupied dwellings of one to four units;	3753

(b) Projects consisting of fewer than six units developed by	3754
any entity that is not a nonprofit organization exempt from	3755
federal income tax under section 501(c)(3) of the Internal Revenue	3756
Code;	3757

(c) Projects of fewer than twenty-five units developed by any	3758
nonprofit organization that is exempt from federal income tax	3759
under section 501(c)(3) of the Internal Revenue Code;	3760

(d) Programs undertaken by any municipal corporation, county,	3761
or township, including lease-purchase programs, using mortgage	3762
revenue bond financing;	3763

(e) Any individual project, that is sponsored or developed by	3764
a nonprofit organization that is exempt from federal income tax	3765
under section 501(c)(3) of the Internal Revenue Code, for which	3766
the federal government or any of its agencies furnishes by loan,	3767
grant, low-income housing tax credit, or insurance more than	3768
twelve per cent of the costs of the project. For purposes of	3769
division (D)(2)(e) of this section, the value of the low-income	3770
housing tax credits shall be calculated as the proceeds from the	3771
sale of the tax credits, less the costs of the sale.	3772

As used in division (D)(1)(e) of this section, "sponsored"	3773
means that thea general partner of a limited partnership owning	3774
the project or a managing member of a limited liability company	3775
owning the project is either a nonprofit organization that is	3776
exempt from federal income tax under section 501(c)(3) of the	3777
Internal Revenue Code or a person, as defined in section 1.59 of	3778
the Revised Code, or a limited liability company in which such a	3779
nonprofit organization maintains controlling interest. For	3780
purposes of this division, a general partner of a limited	3781
partnership that is a nonprofit organization described under this	3782
division is not required to be the sole general partner in the	3783
limited partnership, and a managing member of a limited liability	3784
company that is a nonprofit organization described under this	3785
division is not required to be the sole managing member in the	3786
limited liability company.	3787

Nothing in division (D)(1)(e) of this section shall be	3788
construed as permitting unrelated projects to be combined for the	3789
sole purpose of determining the total percentage of project costs	3790
furnished by the federal government or any of its agencies.	3791

(2) A "project" is a "public improvement" and the state or a	3792
political subdivision that undertakes or participates in the	3793
financing of a project is a "public authority," as both of the	3794
last two terms are defined in section 4115.03 of the Revised Code.	3795

(3) "Qualified volunteers" are volunteers who are working	3796
without compensation for a nonprofit organization that is exempt	3797
from federal income tax under section 501(c)(3) of the Internal	3798
Revenue Code, and that is providing housing or housing assistance	3799
only to families and individuals in a county whose incomes are not	3800
greater than one hundred forty per cent of the median income of	3801
that county as determined under section 174.04 of the Revised	3802
Code.	3803

Sec. 184.191.  The third frontier research and development	3804
taxable bond fund is hereby created in the state treasury. The	3805
fund shall consist of the net proceeds of federally taxable	3806
obligations issued and sold by the issuing authority pursuant to	3807
sections 151.01 and 151.10 of the Revised Code. Investment	3808
earnings of the fund shall be credited to the fund. Moneys in the	3809
fund shall be used in accordance with sections 184.10 to 184.18	3810
and 184.20 of the Revised Code and for associated administrative	3811
expenses.	3812

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

3813

(1) "Arena" means any structure designed and constructed for	3814
the purpose of providing a venue for public entertainment and	3815
recreation by the presentation of concerts, sporting and athletic	3816
events, and other events and exhibitions, including facilities	3817
intended to house or provide a site for one or more athletic or	3818
sports teams or activities, spectator facilities, parking	3819
facilities, walkways, and auxiliary facilities, real and personal	3820
property, property rights, easements, leasehold estates, and	3821
interests that may be appropriate for, or used in connection with,	3822
the operation of the arena.	3823

(2) "Convention center" means any structure expressly	3824
designed and constructed for the purposes of presenting	3825
conventions, public meetings, and exhibitions and includes parking	3826
facilities that serve the center and any personal property used in	3827
connection with any such structure or facilities.	3828

(3) "Eligible county" means a county having a population of	3829
at least four hundred thousand but not more than eight hundred	3830
thousand according to the 2000 federal decennial census and that	3831
directly borders the geographic boundaries of another state.	3832

(4) "Entity" means a nonprofit corporation, a municipal	3833
corporation, a port authority created under Chapter 4582. of the	3834
Revised Code, or a convention facilities authority created under	3835
Chapter 351. of the Revised Code.	3836

(5) "Lodging taxes" means excise taxes levied under division	3837
(A)(1), (A)(2), or (C) of section 5739.09 of the Revised Code and	3838
the revenues arising therefrom.	3839

(6) "Nonprofit corporation" means a nonprofit corporation	3840
that is organized under the laws of this state and that includes	3841
within the purposes for which it is incorporated the authorization	3842
to lease and operate facilities such as a convention center or an	3843
arena or a combination of an arena and convention center.	3844

(7) "Project" means acquiring, constructing, reconstructing,	3845
renovating, rehabilitating, expanding, adding to, equipping,	3846
furnishing or otherwise improving an arena, a convention center,	3847
or a combination of an arena and convention center. For purposes	3848
of this section, a project is a permanent improvement for one	3849
purpose under Chapter 133. of the Revised Code.	3850

(8) "Project revenues" means money received by an eligible	3851
county, other than money from taxes or from the proceeds of	3852
securities secured by taxes, in connection with, derived from,	3853
related to, or resulting from a project, including, but not	3854
limited to, rentals and other payments received under a lease or	3855
agreement with respect to the project, ticket charges or	3856
surcharges for admission to events at a project, charges or	3857
surcharges for parking for events at a project, charges for the	3858
use of a project or any portion of a project, including suites and	3859
seating rights, the sale of naming rights for the project or a	3860
portion of the project, unexpended proceeds of any county revenue	3861
bonds issued for the project, and any income and profit from the	3862
investment of the proceeds of any such revenue bonds or any	3863
project revenues.	3864

(9) "Chapter 133. securities," "debt charges," "general	3865
obligation," "legislation," "one purpose," "outstanding,"	3866
"permanent improvement," "person," and "securities" have the	3867
meanings given to those terms in section 133.01 of the Revised	3868
Code.	3869

(B) A board of county commissioners may enter into an	3870
agreement with a convention and visitors' bureau operating in the	3871
county under which:	3872

(1) The bureau agrees to construct and equip a convention	3873
center in the county and to pledge and contribute from the tax	3874
revenues received by it under division (A) of section 5739.09 of	3875
the Revised Code, not more than such portion thereof that it is	3876
authorized to pledge and contribute for the purpose described in	3877
division (C) of this section; and	3878

(2) The board agrees to levy a tax under division (C) of	3879
section 5739.09 of the Revised Code and pledge and contribute the	3880
revenues therefrom for the purpose described in division (C) of	3881
this section.	3882

(C) The purpose of the pledges and contributions described in	3883
divisions (B)(1) and (2) of this section is payment of principal,	3884
interest, and premium, if any, on bonds and notes issued by or for	3885
the benefit of the bureau to finance the construction and	3886
equipping of a convention center. The pledges and contributions	3887
provided for in the agreement shall be for the period stated in	3888
the agreement, but not to exceed thirty years. Revenues determined	3889
from time to time by the board to be needed to cover the real and	3890
actual costs of administering the tax imposed by division (C) of	3891
section 5739.09 of the Revised Code may not be pledged or	3892
contributed. The agreement shall provide that any such bonds and	3893
notes shall be secured by a trust agreement between the bureau or	3894
other issuer acting for the benefit of the bureau and a corporate	3895
trustee that is a trust company or bank having the powers of a	3896
trust company within or without the state, and the trust agreement	3897
shall pledge or assign to the retirement of the bonds or notes,	3898
all moneys paid by the county under this section. A tax the	3899
revenues from which are pledged under an agreement entered into by	3900
a board of county commissioners under this section shall not be	3901
subject to diminution by initiative or referendum, or diminution	3902
by statute, unless provision is made therein for an adequate	3903
substitute therefor reasonably satisfactory to the trustee under	3904
the trust agreement that secures the bonds and notes.	3905

(D) A pledge of money by a county under division (B) of this	3906
section shall not be indebtedness of the county for purposes of	3907
Chapter 133. of the Revised Code.	3908

(E) If the terms of the agreement so provide, the board of	3909
county commissioners may acquire and lease real property to the	3910
convention bureau as the site of the convention center. The lease	3911
shall be for a term not to exceed thirty years and shall be on	3912
such terms as are set forth in the agreement. The purchase and	3913
lease are not subject to the limitations of sections 307.02 and	3914
307.09 of the Revised Code.	3915

(F) In addition to the authority granted to a board of county	3916
commissioners under divisions (B) to (E) of this section, a board	3917
of county commissioners in a county with a population of one	3918
million two hundred thousand or more may establish and provide	3919
local funding options for constructing and equipping a convention	3920
center.	3921

(G) The board of county commissioners of an eligible county	3922
may undertake, finance, operate, and maintain a project. The board	3923
may lease a project to an entity on terms that the board	3924
determines to be in the best interest of the county and in	3925
furtherance of the public purpose of the project; the lease may be	3926
for a term of thirty-five years or less and may provide for an	3927
option of the entity to renew the lease for a term of thirty-five	3928
years or less. The board may enter into an agreement with an	3929
entity with respect to a project on terms that the board	3930
determines to be in the best interest of the county and in	3931
furtherance of the public purpose of the project. To the extent	3932
provided for in an agreement or a lease with an entity, the board	3933
may authorize the entity to administer on behalf of the board any	3934
contracts for the project. The board may enter into an agreement	3935
providing for the sale to a person of naming rights to a project	3936
or portion of a project, for a period, for consideration, and on	3937
other terms and conditions that the board determines to be in the	3938
best interest of the county and in furtherance of the public	3939
purpose of the project. The board may enter into an agreement with	3940
a person owning or operating a professional athletic or sports	3941
team providing for the use by that person of a project or portion	3942
of a project for that team's offices, training, practices, and	3943
home games for a period, for consideration, and on other terms and	3944
conditions that the board determines to be in the best interest of	3945
the county and in furtherance of the public purpose of the	3946
project. The board may establish ticket charges or surcharges for	3947
admission to events at a project, charges or surcharges for	3948
parking for events at a project, and charges for the use of a	3949
project or any portion of a project, including suites and seating	3950
rights, and may, as necessary, enter into agreements related	3951
thereto with persons for a period, for consideration, and on other	3952
terms and conditions that the board determines to be in the best	3953
interest of the county and in furtherance of the public purpose of	3954
the project. A lease or agreement authorized by this division is	3955
not subject to sections 307.02, 307.09, and 307.12 of the Revised	3956
Code.	3957

(H) Notwithstanding any contrary provision in Chapter 5739.	3958
of the Revised Code, after adopting a resolution declaring it to	3959
be in the best interest of the county to undertake a project as	3960
described in division (G) of this section, the board of county	3961
commissioners of an eligible county may adopt a resolution	3962
enacting or increasing any lodging taxes within the limits	3963
specified in Chapter 5739. of the Revised Code with respect to	3964
those lodging taxes and amending any prior resolution under which	3965
any of its lodging taxes have been imposed in order to provide	3966
that those taxes, after deducting the real and actual costs of	3967
administering the taxes and any portion of the taxes returned to	3968
any municipal corporation or township as provided in division	3969
(A)(1) of section 5739.09 of the Revised Code, shall be used by	3970
the board for the purposes of undertaking, financing, operating,	3971
and maintaining the project, including paying debt charges on any	3972
securities issued by the board under division (I) of this section,	3973
or to make contributions to the convention and visitors' bureau	3974
operating within the county, or to promote, advertise, and market	3975
the region in which the county is located, all as the board may	3976
determine and make appropriations for from time to time, subject	3977
to the terms of any pledge to the payment of debt charges on	3978
outstanding general obligation securities or special obligation	3979
securities authorized under division (I) of this section. A	3980
resolution adopted under division (H) of this section shall be	3981
adopted not earlier than January 15, 2007, and not later than	3982
January 15, 2008.	3983

A resolution adopted under division (H) of this section may	3984
direct the board of elections to submit the question of enacting	3985
or increasing lodging taxes, as the case may be, to the electors	3986
of the county at a special election held on the date specified by	3987
the board in the resolution, provided that the election occurs not	3988
less than seventy-five days after a certified copy of the	3989
resolution is transmitted to the board of elections and no later	3990
than January 15, 2008. A resolution submitted to the electors	3991
under this division shall not go into effect unless it is approved	3992
by a majority of those voting upon it. A resolution adopted under	3993
division (H) of this section that is not submitted to the electors	3994
of the county for their approval or disapproval is subject to a	3995
referendum as provided in sections 305.31 to 305.41 of the Revised	3996
Code.	3997

A resolution adopted under division (H) of this section takes	3998
effect upon its adoption, unless the resolution is submitted to	3999
the electors of the county for their approval or disapproval, in	4000
which case the resolution takes effect on the date the board of	4001
county commissioners receives notification from the board of	4002
elections of the affirmative vote. Lodging taxes received after	4003
the effective date of the resolution may be used for the purposes	4004
described in division (H) of this section, except that lodging	4005
taxes that have been pledged to the payment of debt charges on any	4006
bonds or notes issued by or for the benefit of a convention and	4007
visitors' bureau under division (C) of this section shall be used	4008
exclusively for that purpose until such time as the bonds or notes	4009
are no longer outstanding under the trust agreement securing those	4010
bonds or notes.	4011

(I)(1) The board of county commissioners of an eligible	4012
county may issue the following securities of the county for the	4013
purpose of paying costs of the project, refunding any outstanding	4014
county securities issued for that purpose, refunding any	4015
outstanding bonds or notes issued by or for the benefit of the	4016
bureau under division (C) of this section, or for any combination	4017
of those purposes:	4018

(a) General obligation securities issued under Chapter 133.	4019
of the Revised Code. The resolution authorizing these securities	4020
may include covenants to appropriate annually from lawfully	4021
available lodging taxes, and to continue to levy and collect those	4022
lodging taxes in, amounts necessary to meet the debt charges on	4023
those securities.	4024

(b) Special obligation securities issued under Chapter 133.	4025
of the Revised Code that are secured only by lawfully available	4026
lodging taxes and any other taxes and revenues pledged to pay the	4027
debt charges on those securities, except ad valorem property	4028
taxes. The resolution authorizing those securities shall include a	4029
pledge of and covenants to appropriate annually from lawfully	4030
available lodging taxes and any other taxes and revenues pledged	4031
for such purpose, and to continue to collect any of those revenues	4032
pledged for such purpose and to levy and collect those lodging	4033
taxes and any other taxes pledged for such purpose, in amounts	4034
necessary to meet the debt charges on those securities. The pledge	4035
is valid and binding from the time the pledge is made, and the	4036
lodging taxes so pledged and thereafter received by the county are	4037
immediately subject to the lien of the pledge without any physical	4038
delivery of the lodging taxes or further act. The lien of any	4039
pledge is valid and binding as against all parties having claims	4040
of any kind in tort, contract, or otherwise against the county,	4041
regardless of whether such parties have notice of the lien.	4042
Neither the resolution nor any trust agreement by which a pledge	4043
is created or further evidenced is required to be filed or	4044
recorded except in the records of the board. The special	4045
obligation securities shall contain a statement on their face to	4046
the effect that they are not general obligation securities, and,	4047
unless paid from other sources, are payable from the pledged	4048
lodging taxes.	4049

(c) Revenue securities authorized under section 133.08 of the	4050
Revised Code and issued under Chapter 133. of the Revised Code	4051
that are secured only by lawfully available project revenues	4052
pledged to pay the debt charges on those securities.	4053

(2) The securities described in division (I)(1) of this	4054
section are subject to Chapter 133. of the Revised Code.	4055

(3) Section 133.34 of the Revised Code, except for division	4056
(A) of that section, applies to the issuance of any refunding	4057
securities authorized under this division. In lieu of division (A)	4058
of section 133.34 of the Revised Code, the board of county	4059
commissioners shall establish the maturity date or dates, the	4060
interest payable on, and other terms of refunding securities as it	4061
considers necessary or appropriate for their issuance, provided	4062
that the final maturity of refunding securities shall not exceed	4063
by more than ten years the final maturity of any bonds refunded by	4064
refunding securities.	4065

(4) The board may not repeal, rescind, or reduce all or any	4066
portion of any lodging taxes pledged to the payment of debt	4067
charges on any outstanding special obligation securities	4068
authorized under this division, and no portion of any lodging	4069
taxes that is pledged, or that the board has covenanted to levy,	4070
collect, and appropriate annually to pay debt charges on any	4071
outstanding securities authorized under this division is subject	4072
to repeal, rescission, or reduction by the electorate of the	4073
county.	4074

Sec. 333.02.  Before December 1, 2006June 1, 2007, a board	4075
of county commissioners of a county that levies a county sales and	4076
use tax may enter into an agreement with any person that proposes	4077
to construct an impact facility in the county to provide payments	4078
to that person of up to seventy-five per cent of the county sales	4079
and use tax collected on each retail sale made by that person at	4080
the facility, for a term of up to ten years, or until the person's	4081
qualifying investment in the impact facility has been realized	4082
through the payments, whichever occurs first.	4083

Sec. 333.04. (A) After review of the items submitted under	4084
division (A) of section 333.03 of the Revised Code, and after	4085
receipt of the certification from the director of development	4086
under division (B) of that section, a board of county	4087
commissioners, before December 1, 2006June 1, 2007, may enter	4088
into an agreement under section 333.02 of the Revised Code,	4089
provided that the board has determined all of the following:	4090

(1) The proposed impact facility is economically sound;

4091

(2) Construction of the proposed impact facility has not	4092
begun prior to the day the agreement is entered into;	4093

(3) The impact facility will benefit the county by increasing	4094
employment opportunities and strengthening the local and regional	4095
economy; and	4096

(4) Receiving payments from the board of county commissioners	4097
is a major factor in the person's decision to go forward with	4098
construction of the impact facility.	4099

(B) An agreement entered into under this section shall	4100
include all of the following:	4101

(1) A description of the impact facility that is the subject	4102
of the agreement, including the existing investment level, if any,	4103
the proposed amount of investments, the scheduled starting and	4104
completion dates for the facility, and the number and type of	4105
full-time equivalent positions to be created at the facility;	4106

(2) The percentage of the county sales and use tax collected	4107
at the impact facility that will be used to make payments to the	4108
person entering into the agreement;	4109

(3) The term of the payments and the first calendar quarter	4110
in which the person may apply for a payment under section 333.06	4111
of the Revised Code;	4112

(4) A requirement that the amount of payments made to the	4113
person during the term established under division (B)(3) of this	4114
section shall not exceed the person's qualifying investment, and	4115
that all payments cease when that amount is reached;	4116

(5) A requirement that the person maintain operations at the	4117
impact facility for at least the term established under division	4118
(B)(3) of this section;	4119

(6) A requirement that the person annually certify to the	4120
board of county commissioners, on or before a date established by	4121
the board in the agreement, the level of investment in, the number	4122
of employees and type of full-time equivalent positions at, and	4123
the amount of county sales and use tax collected and remitted to	4124
the tax commissioner or treasurer of state from sales made at, the	4125
facility;	4126

(7) A provision stating that the creation of the proposed	4127
impact facility does not involve the relocation of more than ten	4128
full-time equivalent positions and two million dollars in taxable	4129
assets to the impact facility from another facility owned by the	4130
person, or a related member of the person, that is located in	4131
another political subdivision of this state, other than the	4132
political subdivision in which the impact facility is or will be	4133
located;	4134

(8) A provision stating that the person will not relocate	4135
more than ten full-time equivalent positions and two million	4136
dollars in taxable assets to the impact facility from another	4137
facility in another political subdivision of this state during the	4138
term of the payments without the written approval of the director	4139
of development;	4140

(9) A detailed explanation of how the person determined that	4141
more than fifty per cent of the visitors to the facility live at	4142
least one hundred miles from the facility.	4143

(C) For purposes of this section, the transfer of a full-time	4144
equivalent position or taxable asset from another political	4145
subdivision in this state to the political subdivision in which	4146
the impact facility is or will be located shall be considered a	4147
relocation, unless the person refills the full-time equivalent	4148
position, or replaces the taxable asset with an asset of equal or	4149
greater taxable value, within six months after the transfer. The	4150
person may not receive a payment under this chapter for any year	4151
in which more than ten relocations occurred without the written	4152
consent of the board of county commissioners.	4153

Sec. 340.03.  (A) Subject to rules issued by the director of	4154
mental health after consultation with relevant constituencies as	4155
required by division (A)(11) of section 5119.06 of the Revised	4156
Code, with regard to mental health services, the board of alcohol,	4157
drug addiction, and mental health services shall:	4158

(1) Serve as the community mental health planning agency for	4159
the county or counties under its jurisdiction, and in so doing it	4160
shall:	4161

(a) Evaluate the need for facilities and community mental	4162
health services;	4163

(b) In cooperation with other local and regional planning and	4164
funding bodies and with relevant ethnic organizations, assess the	4165
community mental health needs, set priorities, and develop plans	4166
for the operation of facilities and community mental health	4167
services;	4168

(c) In accordance with guidelines issued by the director of	4169
mental health after consultation with board representatives,	4170
develop and submit to the department of mental health, no later	4171
than six months prior to the conclusion of the fiscal year in	4172
which the board's current plan is scheduled to expire, a community	4173
mental health plan listing community mental health needs,	4174
including the needs of all residents of the district now residing	4175
in state mental institutions and severely mentally disabled	4176
adults, children, and adolescents; all children subject to a	4177
determination made pursuant to section 121.38 of the Revised Code;	4178
and all the facilities and community mental health services that	4179
are or will be in operation or provided during the period for	4180
which the plan will be in operation in the service district to	4181
meet such needs.	4182

The plan shall include, but not be limited to, a statement of	4183
which of the services listed in section 340.09 of the Revised Code	4184
the board intends to provide or purchase,make available. The	4185
board must include crisis intervention services for individuals in	4186
an emergency situation in the plan and explain how the board	4187
intends to make such services available. The plan must also	4188
include an explanation of how the board intends to make any	4189
payments that it may be required to pay under section 5119.62 of	4190
the Revised Code, a statement of the inpatient and community-based	4191
services the board proposes that the department operate, an	4192
assessment of the number and types of residential facilities	4193
needed, and such other information as the department requests, and	4194
a budget for moneys the board expects to receive. The board shall	4195
also submit an allocation request for state and federal funds.	4196
Within sixty days after the department's determination that the	4197
plan and allocation request are complete, the department shall	4198
approve or disapprove the plan and request, in whole or in part,	4199
according to the criteria developed pursuant to section 5119.61 of	4200
the Revised Code. The department's statement of approval or	4201
disapproval shall specify the inpatient and the community-based	4202
services that the department will operate for the board.	4203
Eligibility	4204

Eligibility for financial supportstate and federal funding	4205
shall be contingent upon an approved plan or relevant part of a	4206
plan. The department may provide state and federal funding for	4207
services included in a plan only if the services are for	4208
individuals whose focus of treatment or prevention is a mental	4209
disorder according to the edition of the American psychiatric	4210
association's diagnostic and statistical manual of mental	4211
disorders that is current at the time the funding is provided.	4212
This shall include such services for individuals who have a mental	4213
disorder and a co-occurring substance use disorder,	4214
substance-induced disorder, chronic dementing organic mental	4215
disorder, mental retardation, or developmental disability. The	4216
department may not provide state or federal funding under a plan	4217
for a service for individuals whose focus of treatment or	4218
prevention is solely a substance use disorder, substance-induced	4219
disorder, chronic dementing organic mental disorder, mental	4220
retardation, or developmental disability.	4221

If the director disapproves all or part of any plan, the	4222
director shall inform the board of the reasons for the disapproval	4223
and of the criteria that must be met before the plan may be	4224
approved. The director shall provide the board an opportunity to	4225
present its case on behalf of the plan. The director shall give	4226
the board a reasonable time in which to meet the criteria, and	4227
shall offer the board technical assistance to help it meet the	4228
criteria.	4229

If the approval of a plan remains in dispute thirty days	4230
prior to the conclusion of the fiscal year in which the board's	4231
current plan is scheduled to expire, the board or the director may	4232
request that the dispute be submitted to a mutually agreed upon	4233
third-party mediator with the cost to be shared by the board and	4234
the department. The mediator shall issue to the board and the	4235
department recommendations for resolution of the dispute. Prior to	4236
the conclusion of the fiscal year in which the current plan is	4237
scheduled to expire, the director, taking into consideration the	4238
recommendations of the mediator, shall make a final determination	4239
and approve or disapprove the plan, in whole or in part.	4240

If a board determines that it is necessary to amend a plan or	4241
an allocation request that has been approved under division	4242
(A)(1)(c) of this section, the board shall submit a proposed	4243
amendment to the director. The director may approve or disapprove	4244
all or part of the amendment. If the director does not approve all	4245
or part of the amendment within thirty days after it is submitted,	4246
the amendment or part of it shall be considered to have been	4247
approved. The director shall inform the board of the reasons for	4248
disapproval of all or part of an amendment and of the criteria	4249
that must be met before the amendment may be approved. The	4250
director shall provide the board an opportunity to present its	4251
case on behalf of the amendment. The director shall give the board	4252
a reasonable time in which to meet the criteria, and shall offer	4253
the board technical assistance to help it meet the criteria.	4254

The board shall implement the plan approved by the	4255
department.	4256

(d) Receive, compile, and transmit to the department of	4257
mental health applications for state reimbursement;	4258

(e) Promote, arrange, and implement working agreements with	4259
social agencies, both public and private, and with judicial	4260
agencies.	4261

(2) Investigate, or request another agency to investigate,	4262
any complaint alleging abuse or neglect of any person receiving	4263
services from a community mental health agency as defined in	4264
section 5122.01 of the Revised Code, or from a residential	4265
facility licensed under section 5119.22 of the Revised Code. If	4266
the investigation substantiates the charge of abuse or neglect,	4267
the board shall take whatever action it determines is necessary to	4268
correct the situation, including notification of the appropriate	4269
authorities. Upon request, the board shall provide information	4270
about such investigations to the department.	4271

(3) For the purpose of section 5119.611 of the Revised Code,	4272
cooperate with the director of mental health in visiting and	4273
evaluating whether the services of a community mental health	4274
agency satisfy the certification standards established by rules	4275
adopted under that section;	4276

(4) In accordance with criteria established under division	4277
(G) of section 5119.61 of the Revised Code, review and evaluate	4278
the quality, effectiveness, and efficiency of services provided	4279
through its community mental health plan and submit its findings	4280
and recommendations to the department of mental health;	4281

(5) In accordance with section 5119.22 of the Revised Code,	4282
review applications for residential facility licenses and	4283
recommend to the department of mental health approval or	4284
disapproval of applications;	4285

(6) Audit, in accordance with rules adopted by the auditor of	4286
state pursuant to section 117.20 of the Revised Code, at least	4287
annually all programs and services provided under contract with	4288
the board. In so doing, the board may contract for or employ the	4289
services of private auditors. A copy of the fiscal audit report	4290
shall be provided to the director of mental health, the auditor of	4291
state, and the county auditor of each county in the board's	4292
district.	4293

(7) Recruit and promote local financial support for mental	4294
health programs from private and public sources;	4295

(8)(a) Enter into contracts with public and private	4296
facilities for the operation of facility services included in the	4297
board's community mental health plan and enter into contracts with	4298
public and private community mental health agencies for the	4299
provision of community mental health services that are listed in	4300
section 340.09 of the Revised Code and included in the board's	4301
community mental health plan. ContractsThe board may not contract	4302
with a community mental health agencies are subjectagency to	4303
provide community mental health services included in the board's	4304
community mental health plan unless the services are certified by	4305
the director of mental health under section 5119.611 of the	4306
Revised Code. Section 307.86 of the Revised Code does not apply to	4307
contracts entered into under this division. In contracting with a	4308
community mental health agency, a board shall consider the cost	4309
effectiveness of services provided by that agency and the quality	4310
and continuity of care, and may review cost elements, including	4311
salary costs, of the services to be provided. A utilization review	4312
process shall be established as part of the contract for services	4313
entered into between a board and a community mental health agency.	4314
The board may establish this process in a way that is most	4315
effective and efficient in meeting local needs. In the case of a	4316
contract with a community mental health facility, as defined in	4317
section 5111.023 of the Revised Code, to provide services listed	4318
in division (B) of that section, the contract shall provide for	4319
the facility to be paid in accordance with the contract entered	4320
into between the departments of job and family services and mental	4321
health under section 5111.91 of the Revised Code and any rules	4322
adopted under division (A) of section 5119.61 of the Revised Code.	4323

If either the board or a facility or community mental health	4324
agency with which the board contracts under division (A)(8)(a) of	4325
this section proposes not to renew the contract or proposes	4326
substantial changes in contract terms, the other party shall be	4327
given written notice at least one hundred twenty days before the	4328
expiration date of the contract. During the first sixty days of	4329
this one hundred twenty-day period, both parties shall attempt to	4330
resolve any dispute through good faith collaboration and	4331
negotiation in order to continue to provide services to persons in	4332
need. If the dispute has not been resolved sixty days before the	4333
expiration date of the contract, either party may notify the	4334
department of mental health of the unresolved dispute. The	4335
director may require both parties to submit the dispute to a third	4336
party with the cost to be shared by the board and the facility or	4337
community mental health agency. The third party shall issue to the	4338
board, the facility or agency, and the department recommendations	4339
on how the dispute may be resolved twenty days prior to the	4340
expiration date of the contract, unless both parties agree to a	4341
time extension. The director shall adopt rules establishing the	4342
procedures of this dispute resolution process.	4343

(b) With the prior approval of the director of mental health,	4344
a board may operate a facility or provide a community mental	4345
health service as follows, if there is no other qualified private	4346
or public facility or community mental health agency that is	4347
immediately available and willing to operate such a facility or	4348
provide the service:	4349

(i) In an emergency situation, any board may operate a	4350
facility or provide a community mental health service in order to	4351
provide essential services for the duration of the emergency;	4352

(ii) In a service district with a population of at least one	4353
hundred thousand but less than five hundred thousand, a board may	4354
operate a facility or provide a community mental health service	4355
for no longer than one year;	4356

(iii) In a service district with a population of less than	4357
one hundred thousand, a board may operate a facility or provide a	4358
community mental health service for no longer than one year,	4359
except that such a board may operate a facility or provide a	4360
community mental health service for more than one year with the	4361
prior approval of the director and the prior approval of the board	4362
of county commissioners, or of a majority of the boards of county	4363
commissioners if the district is a joint-county district.	4364

The director shall not give a board approval to operate a	4365
facility or provide a community mental health service under	4366
division (A)(8)(b)(ii) or (iii) of this section unless the	4367
director determines that it is not feasible to have the department	4368
operate the facility or provide the service.	4369

The director shall not give a board approval to operate a	4370
facility or provide a community mental health service under	4371
division (A)(8)(b)(iii) of this section unless the director	4372
determines that the board will provide greater administrative	4373
efficiency and more or better services than would be available if	4374
the board contracted with a private or public facility or	4375
community mental health agency.	4376

The director shall not give a board approval to operate a	4377
facility previously operated by a person or other government	4378
entity unless the board has established to the director's	4379
satisfaction that the person or other government entity cannot	4380
effectively operate the facility or that the person or other	4381
government entity has requested the board to take over operation	4382
of the facility. The director shall not give a board approval to	4383
provide a community mental health service previously provided by a	4384
community mental health agency unless the board has established to	4385
the director's satisfaction that the agency cannot effectively	4386
provide the service or that the agency has requested the board	4387
take over providing the service.	4388

The director shall review and evaluate a board's operation of	4389
a facility and provision of community mental health service under	4390
division (A)(8)(b) of this section.	4391

Nothing in division (A)(8)(b) of this section authorizes a	4392
board to administer or direct the daily operation of any facility	4393
or community mental health agency, but a facility or agency may	4394
contract with a board to receive administrative services or staff	4395
direction from the board under the direction of the governing body	4396
of the facility or agency.	4397

(9) Approve fee schedules and related charges or adopt a unit	4398
cost schedule or other methods of payment for contract services	4399
provided by community mental health agencies in accordance with	4400
guidelines issued by the department as necessary to comply with	4401
state and federal laws pertaining to financial assistance;	4402

(10) Submit to the director and the county commissioners of	4403
the county or counties served by the board, and make available to	4404
the public, an annual report of the programs under the	4405
jurisdiction of the board, including a fiscal accounting;	4406

(11) Establish, to the extent resources are available, a	4407
community support system, which provides for treatment, support,	4408
and rehabilitation services and opportunities. The essential	4409
elements of the system include, but are not limited to, the	4410
following components in accordance with section 5119.06 of the	4411
Revised Code:	4412

(a) To locate persons in need of mental health services to	4413
inform them of available services and benefits mechanisms;	4414

(b) Assistance for clients to obtain services necessary to	4415
meet basic human needs for food, clothing, shelter, medical care,	4416
personal safety, and income;	4417

(c) Mental health care, including, but not limited to,	4418
outpatient, partial hospitalization, and, where appropriate,	4419
inpatient care;	4420

(d) Emergency services and crisis intervention;

4421

(e) Assistance for clients to obtain vocational services and	4422
opportunities for jobs;	4423

(f) The provision of services designed to develop social,	4424
community, and personal living skills;	4425

(g) Access to a wide range of housing and the provision of	4426
residential treatment and support;	4427

(h) Support, assistance, consultation, and education for	4428
families, friends, consumers of mental health services, and	4429
others;	4430

(i) Recognition and encouragement of families, friends,	4431
neighborhood networks, especially networks that include racial and	4432
ethnic minorities, churches, community organizations, and	4433
meaningful employment as natural supports for consumers of mental	4434
health services;	4435

(j) Grievance procedures and protection of the rights of	4436
consumers of mental health services;	4437

(k) Case management, which includes continual individualized	4438
assistance and advocacy to ensure that needed services are offered	4439
and procured.	4440

(12) Designate the treatment program, agency, or facility for	4441
each person involuntarily committed to the board pursuant to	4442
Chapter 5122. of the Revised Code and authorize payment for such	4443
treatment. The board shall provide the least restrictive and most	4444
appropriate alternative that is available for any person	4445
involuntarily committed to it and shall assure that the services	4446
listed in section 340.09 of the Revised Code are available to	4447
severely mentally disabled persons residing within its service	4448
district. The board shall establish the procedure for authorizing	4449
payment for services, which may include prior authorization in	4450
appropriate circumstances. The board may provide for services	4451
directly to a severely mentally disabled person when life or	4452
safety is endangered and when no community mental health agency is	4453
available to provide the service.	4454

(13) Establish a method for evaluating referrals for	4455
involuntary commitment and affidavits filed pursuant to section	4456
5122.11 of the Revised Code in order to assist the probate	4457
division of the court of common pleas in determining whether there	4458
is probable cause that a respondent is subject to involuntary	4459
hospitalization and what alternative treatment is available and	4460
appropriate, if any;	4461

(14) Ensure that apartments or rooms built, subsidized,	4462
renovated, rented, owned, or leased by the board or a community	4463
mental health agency have been approved as meeting minimum fire	4464
safety standards and that persons residing in the rooms or	4465
apartments are receiving appropriate and necessary services,	4466
including culturally relevant services, from a community mental	4467
health agency. This division does not apply to residential	4468
facilities licensed pursuant to section 5119.22 of the Revised	4469
Code.	4470

(15) Establish a mechanism for involvement of consumer	4471
recommendation and advice on matters pertaining to mental health	4472
services in the alcohol, drug addiction, and mental health service	4473
district;	4474

(16) Perform the duties under section 3722.18 of the Revised	4475
Code required by rules adopted under section 5119.61 of the	4476
Revised Code regarding referrals by the board or mental health	4477
agencies under contract with the board of individuals with mental	4478
illness or severe mental disability to adult care facilities and	4479
effective arrangements for ongoing mental health services for the	4480
individuals. The board is accountable in the manner specified in	4481
the rules for ensuring that the ongoing mental health services are	4482
effectively arranged for the individuals.	4483

(B) The board shall establish such rules, operating	4484
procedures, standards, and bylaws, and perform such other duties	4485
as may be necessary or proper to carry out the purposes of this	4486
chapter.	4487

(C) A board of alcohol, drug addiction, and mental health	4488
services may receive by gift, grant, devise, or bequest any	4489
moneys, lands, or property for the benefit of the purposes for	4490
which the board is established, and may hold and apply it	4491
according to the terms of the gift, grant, or bequest. All money	4492
received, including accrued interest, by gift, grant, or bequest	4493
shall be deposited in the treasury of the county, the treasurer of	4494
which is custodian of the alcohol, drug addiction, and mental	4495
health services funds to the credit of the board and shall be	4496
available for use by the board for purposes stated by the donor or	4497
grantor.	4498

(D) No board member or employee of a board of alcohol, drug	4499
addiction, and mental health services shall be liable for injury	4500
or damages caused by any action or inaction taken within the scope	4501
of the board member's official duties or the employee's	4502
employment, whether or not such action or inaction is expressly	4503
authorized by this section, section 340.033, or any other section	4504
of the Revised Code, unless such action or inaction constitutes	4505
willful or wanton misconduct. Chapter 2744. of the Revised Code	4506
applies to any action or inaction by a board member or employee of	4507
a board taken within the scope of the board member's official	4508
duties or employee's employment. For the purposes of this	4509
division, the conduct of a board member or employee shall not be	4510
considered willful or wanton misconduct if the board member or	4511
employee acted in good faith and in a manner that the board member	4512
or employee reasonably believed was in or was not opposed to the	4513
best interests of the board and, with respect to any criminal	4514
action or proceeding, had no reasonable cause to believe the	4515
conduct was unlawful.	4516

(E) The meetings held by any committee established by a board	4517
of alcohol, drug addiction, and mental health services shall be	4518
considered to be meetings of a public body subject to section	4519
121.22 of the Revised Code.	4520

Sec. 340.09.  The department of mental health shall provide	4521
assistance to any county for the operation of boards of alcohol,	4522
drug addiction, and mental health services and the provision of	4523
the following services from funds appropriated for that purpose by	4524
the general assembly:	4525

(A) Outpatient;

4526

(B) Inpatient;

4527

(C) Partial hospitalization;

4528

(D) Rehabilitation;

4529

(E) Consultation;

4530

(F) Mental health education and other preventive services;

4531

(G) Emergency;

4532

(H) Crisis intervention;

4533

(I) Research;

4534

(I)(J) Administrative;

4535

(J)(K) Referral and information;

4536

(K)(L) Residential;

4537

(L)(M) Training;

4538

(M)(N) Substance abuse;

4539

(N)(O) Service and program evaluation;

4540

(O)(P) Community support system;

4541

(P)(Q) Case management;

4542

(Q)(R) Residential housing;

4543

(R)(S) Other services approved by the board and the director	4544
of mental health.	4545

Sec. 340.12.  No board of alcohol, drug addiction, and mental	4546
health services or any agency, corporation, or association under	4547
contract with such a board shall discriminate in the provision of	4548
services under its authority, in employment, or contract on the	4549
basis of race, color, sex, creed, disability, or national origin,	4550
or the inability to pay.	4551

Each board, each community mental health agency, and each	4552
alcohol and drug addiction program shall have a written	4553
affirmative action program. The affirmative action program shall	4554
include goals for the employment and effective utilization of,	4555
including contracts with, members of economically disadvantaged	4556
groups as defined in division (E)(1) of section 122.71 of the	4557
Revised Code in percentages reflecting as nearly as possible the	4558
composition of the alcohol, drug addiction, and mental health	4559
service district served by the board. Each board, agency, and	4560
program shall file a description of the affirmative action program	4561
and a progress report on its implementation with the department of	4562
mental health or the department of alcohol and drug addiction	4563
services.	4564

Sec. 715.70.  (A) This section and section 715.71 of the	4565
Revised Code apply only to:	4566

(1) Municipal corporations and townships within a county that	4567
has adopted a charter under Sections 3 and 4 of Article X, Ohio	4568
Constitution;	4569

(2) Municipal corporations and townships that have created a	4570
joint economic development district comprised entirely of real	4571
property owned by a municipal corporation at the time the district	4572
was created under this section. The real property owned by the	4573
municipal corporation shall include an airport owned by the	4574
municipal corporation and located entirely beyond the municipal	4575
corporation's corporate boundary.	4576

(3) Municipal corporations or townships that are part of or	4577
contiguous to a transportation improvement district created under	4578
Chapter 5540. of the Revised Code and that have created a joint	4579
economic development district under this section or section 715.71	4580
of the Revised Code prior to November 15, 1995;	4581

(4) Municipal corporations that have previously entered into	4582
a contract creating a joint economic development district pursuant	4583
to division (A)(2) of this section, even if the territory to be	4584
included in the district does not meet the requirements of that	4585
division.	4586

(B)(1) One or more municipal corporations and one or more	4587
townships may enter into a contract approved by the legislative	4588
authority of each contracting party pursuant to which they create	4589
as a joint economic development district an area or areas for the	4590
purpose of facilitating economic development to create or preserve	4591
jobs and employment opportunities and to improve the economic	4592
welfare of the people in the state and in the area of the	4593
contracting parties. A municipal corporation described in division	4594
(A)(4) of this section may enter into a contract with other	4595
municipal corporations and townships to create a new joint	4596
economic development district. In a district that includes a	4597
municipal corporation described in division (A)(4) of this	4598
section, the territory of each of the contracting parties shall be	4599
contiguous to the territory of at least one other contracting	4600
party, or contiguous to the territory of a township or municipal	4601
corporation that is contiguous to another contracting party, even	4602
if the intervening township or municipal corporation is not a	4603
contracting party. The area or areas of land to be included in the	4604
district shall not include any parcel of land owned in fee by a	4605
municipal corporation or a township or parcel of land that is	4606
leased to a municipal corporation or a township, unless the	4607
municipal corporation or township is a party to the contract or	4608
unless the municipal corporation or township has given its consent	4609
to have its parcel of land included in the district by the	4610
adoption of a resolution. As used in this division, "parcel of	4611
land" means any parcel of land owned by a municipal corporation or	4612
a township for at least a six-month period within a five-year	4613
period prior to the creation of a district, but "parcel of land"	4614
does not include streets or public ways and sewer, water, and	4615
other utility lines whether owned in fee or otherwise.	4616

The district created shall be located within the territory of	4617
one or more of the participating parties and may consist of all or	4618
a portion of such territory. The boundaries of the district shall	4619
be described in the contract or in an addendum to the contract.	4620

(2) Prior to the public hearing to be held pursuant to	4621
division (D)(2) of this section, the participating parties shall	4622
give a copy of the proposed contract to each municipal corporation	4623
located within one-quarter mile of the proposed joint economic	4624
development district and not otherwise a party to the contract,	4625
and afford the municipal corporation the reasonable opportunity,	4626
for a period of thirty days following receipt of the proposed	4627
contract, to make comments and suggestions to the participating	4628
parties regarding elements contained in the proposed contract.	4629

(3) The district shall not exceed two thousand acres in area.	4630
The territory of the district shall not completely surround	4631
territory that is not included within the boundaries of the	4632
district.	4633

(4) Sections 503.07 to 503.12 of the Revised Code do not	4634
apply to territory included within a district created pursuant to	4635
this section as long as the contract creating the district is in	4636
effect, unless the legislative authority of each municipal	4637
corporation and the board of township trustees of each township	4638
included in the district consent, by ordinance or resolution, to	4639
the application of those sections of the Revised Code.	4640

(5) Upon the execution of the contract creating the district	4641
by the parties to the contract, a participating municipal	4642
corporation or township included within the district shall file a	4643
copy of the fully executed contract with the county recorder of	4644
each county within which a party to the contract is located, in	4645
the miscellaneous records of the county. No annexation proceeding	4646
pursuant to Chapter 709. of the Revised Code that proposes the	4647
annexation to, merger, or consolidation with a municipal	4648
corporation of any unincorporated territory within the district	4649
shall be commenced for a period of three years after the contract	4650
is filed with the county recorder of each county within which a	4651
party to the contract is located unless each board of township	4652
trustees whose territory is included, in whole or part, within the	4653
district and the territory proposed to be annexed, merged, or	4654
consolidated adopts a resolution consenting to the commencement of	4655
the proceeding and a copy of the resolution is filed with the	4656
legislative authority of each county within which a party to the	4657
contract is located or unless the contract is terminated during	4658
this period.	4659

The contract entered into between the municipal corporations	4660
and townships pursuant to this section may provide for the	4661
prohibition of any annexation by the participating municipal	4662
corporations of any unincorporated territory within the district	4663
beyond the three-year mandatory prohibition of any annexation	4664
provided for in division (B)(5) of this section.	4665

(C)(1) After the legislative authority of a municipal	4666
corporation and the board of township trustees have adopted an	4667
ordinance and resolution approving a contract to create a joint	4668
economic development district pursuant to this section, and after	4669
a contract has been signed, the municipal corporations and	4670
townships shall jointly file a petition with the legislative	4671
authority of each county within which a party to the contract is	4672
located.	4673

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

4674

(i) A statement that the area or areas of the district is not	4675
greater than two thousand acres and is located within the	4676
territory of one or more of the contracting parties;	4677

(ii) A brief summary of the services to be provided by each	4678
party to the contract or a reference to the portion of the	4679
contract describing those services;	4680

(iii) A description of the area or areas to be designated as	4681
the district;	4682

(iv) The signature of a representative of each of the	4683
contracting parties.	4684

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

4685

(i) A signed copy of the contract, together with copies of	4686
district maps and plans related to or part of the contract;	4687

(ii) A certified copy of the ordinances and resolutions of	4688
the contracting parties approving the contract;	4689

(iii) A certificate from each of the contracting parties	4690
indicating that the public hearings required by division (D)(2) of	4691
this section have been held, the date of the hearings, and	4692
evidence of publication of the notice of the hearings;	4693

(iv) One or more signed statements of persons who are owners	4694
of property located in whole or in part within the area to be	4695
designated as the district, requesting that the property be	4696
included within the district, provided that those statements shall	4697
represent a majority of the persons owning property located in	4698
whole or in part within the district and persons owning a majority	4699
of the acreage located within the district. A signature may be	4700
withdrawn by the signer up to but not after the time of the public	4701
hearing required by division (D)(2) of this section.	4702

(2) The legislative authority of each county within which a	4703
party to the contract is located shall adopt a resolution	4704
approving the petition for the creation of the district if the	4705
petition and other documents have been filed in accordance with	4706
the requirements of division (C)(1) of this section. If the	4707
petition and other documents do not substantially meet the	4708
requirements of that division, the legislative authority of any	4709
county within which a party to the contract is located may adopt a	4710
resolution disapproving the petition for the creation of the	4711
district. The legislative authority of each county within which a	4712
party to the contract is located shall adopt a resolution	4713
approving or disapproving the petition within thirty days after	4714
the petition was filed. If the legislative authority of each such	4715
county does not adopt the resolution within the thirty-day period,	4716
the petition shall be deemed approved and the contract shall go	4717
into effect immediately after that approval or at such other time	4718
as the contract specifies.	4719

(D)(1) The contract creating the district shall set forth or	4720
provide for the amount or nature of the contribution of each	4721
municipal corporation and township to the development and	4722
operation of the district and may provide for the sharing of the	4723
costs of the operation of and improvements for the district. The	4724
contributions may be in any form to which the contracting	4725
municipal corporations and townships agree and may include but are	4726
not limited to the provision of services, money, real or personal	4727
property, facilities, or equipment. The contract may provide for	4728
the contracting parties to share revenue from taxes levied on	4729
property by one or more of the contracting parties if those	4730
revenues may lawfully be applied to that purpose under the	4731
legislation by which those taxes are levied. The contract shall	4732
provide for new, expanded, or additional services, facilities, or	4733
improvements, including expanded or additional capacity for or	4734
other enhancement of existing services, facilities, or	4735
improvements, provided that those services, facilities, or	4736
improvements, or expanded or additional capacity for or	4737
enhancement of existing services, facilities, or improvements,	4738
required herein have been provided within the two-year period	4739
prior to the execution of the contract.	4740

(2) Before the legislative authority of a municipal	4741
corporation or a board of township trustees passes any ordinance	4742
or resolution approving a contract to create a joint economic	4743
development district pursuant to this section, the legislative	4744
authority of the municipal corporation and the board of township	4745
trustees shall each hold a public hearing concerning the joint	4746
economic development district contract and shall provide thirty	4747
days' public notice of the time and place of the public hearing in	4748
a newspaper of general circulation in the municipal corporation	4749
and the township. The board of township trustees may provide	4750
additional notice to township residents in accordance with section	4751
9.03 of the Revised Code, and any additional notice shall include	4752
the public hearing announcement; a summary of the terms of the	4753
contract; a statement that the entire text of the contract and	4754
district maps and plans are on file for public examination in the	4755
office of the township fiscal officer; and information pertaining	4756
to any tax changes that will or may occur as a result of the	4757
contract.	4758

During the thirty-day period prior to the public hearing, a	4759
copy of the text of the contract together with copies of district	4760
maps and plans related to or part of the contract shall be on	4761
file, for public examination, in the offices of the clerk of the	4762
legislative authority of the municipal corporation and of the	4763
township fiscal officer. The public hearing provided for in	4764
division (D)(2) of this section shall allow for public comment and	4765
recommendations from the public on the proposed contract. The	4766
contracting parties may include in the contract any of those	4767
recommendations prior to the approval of the contract.	4768

(3) Any resolution of the board of township trustees that	4769
approves a contract that creates a joint economic development	4770
district pursuant to this section shall be subject to a referendum	4771
of the electors of the township. When a referendum petition,	4772
signed by ten per cent of the number of electors in the township	4773
who voted for the office of governor at the most recent general	4774
election for the office of governor, is presented to the board of	4775
township trustees within thirty days after the board of township	4776
trustees adopted the resolution, ordering that the resolution be	4777
submitted to the electors of the township for their approval or	4778
rejection, the board of township trustees shall, after ten days	4779
and not later than four p.m. of the seventy-fifth day before the	4780
election, certify the text of the resolution to the board of	4781
elections. The board of elections shall submit the resolution to	4782
the electors of the township for their approval or rejection at	4783
the next general, primary, or special election occurring	4784
subsequent to seventy-five days after the certifying of the	4785
petition to the board of elections.	4786

(4) Upon the creation of a district under this section or	4787
section 715.71 of the Revised Code, one of the contracting parties	4788
shall file a copy of the following with the director of	4789
development:	4790

(a) The petition and other documents described in division	4791
(C)(1) of this section, if the district is created under this	4792
section;	4793

(b) The documents described in division (D) of section 715.71	4794
of the Revised Code, if the district is created under this	4795
section.	4796

(E) The district created by the contract shall be governed by	4797
a board of directors that shall be established by or pursuant to	4798
the contract. The board is a public body for the purposes of	4799
section 121.22 of the Revised Code. The provisions of Chapter	4800
2744. of the Revised Code apply to the board and the district. The	4801
members of the board shall be appointed as provided in the	4802
contract from among the elected members of the legislative	4803
authorities and the elected chief executive officers of the	4804
contracting parties, provided that there shall be at least two	4805
members appointed from each of the contracting parties.	4806

(F) The contract shall enumerate the specific powers, duties,	4807
and functions of the board of directors of a district, and the	4808
contract shall provide for the determination of procedures that	4809
are to govern the board of directors. The contract may grant to	4810
the board the power to adopt a resolution to levy an income tax	4811
within the district. The income tax shall be used for the purposes	4812
of the district and for the purposes of the contracting municipal	4813
corporations and townships pursuant to the contract. The income	4814
tax may be levied in the district based on income earned by	4815
persons working or residing within the district and based on the	4816
net profits of businesses located in the district. The income tax	4817
shall follow the provisions of Chapter 718. of the Revised Code,	4818
except that a vote shall be required by the electors residing in	4819
the district to approve the rate of income tax. If no electors	4820
reside within the district, then division (F)(4) of this section	4821
applies. The rate of the income tax shall be no higher than the	4822
highest rate being levied by a municipal corporation that is a	4823
party to the contract.	4824

(1) Within one hundred eighty days after the first meeting of	4825
the board of directors, the board may levy an income tax, provided	4826
that the rate of the income tax is first submitted to and approved	4827
by the electors of the district at the succeeding regular or	4828
primary election, or a special election called by the board,	4829
occurring subsequent to seventy-five days after a certified copy	4830
of the resolution levying the income tax and calling for the	4831
election is filed with the board of elections. If the voters	4832
approve the levy of the income tax, the income tax shall be in	4833
force for the full period of the contract establishing the	4834
district. Any increase in the rate of an income tax that was first	4835
levied within one hundred eighty days after the first meeting of	4836
the board of directors shall be approved by a vote of the electors	4837
of the district, shall be in force for the remaining period of the	4838
contract establishing the district, and shall not be subject to	4839
division (F)(2) of this section.	4840

(2) Any resolution of the board of directors levying an	4841
income tax that is adopted subsequent to one hundred eighty days	4842
after the first meeting of the board of directors shall be subject	4843
to a referendum as provided in division (F)(2) of this section.	4844
Any resolution of the board of directors levying an income tax	4845
that is adopted subsequent to one hundred eighty days after the	4846
first meeting of the board of directors shall be subject to an	4847
initiative proceeding to amend or repeal the resolution levying	4848
the income tax as provided in division (F)(2) of this section.	4849
When a referendum petition, signed by ten per cent of the number	4850
of electors in the district who voted for the office of governor	4851
at the most recent general election for the office of governor, is	4852
filed with the county auditor of each county within which a party	4853
to the contract is located within thirty days after the resolution	4854
is adopted by the board or when an initiative petition, signed by	4855
ten per cent of the number of electors in the district who voted	4856
for the office of governor at the most recent general election for	4857
the office of governor, is filed with the county auditor of each	4858
such county ordering that a resolution to amend or repeal a prior	4859
resolution levying an income tax be submitted to the electors	4860
within the district for their approval or rejection, the county	4861
auditor of each such county, after ten days and not later than	4862
four p.m. of the seventy-fifth day before the election, shall	4863
certify the text of the resolution to the board of elections of	4864
that county. The county auditor of each such county shall retain	4865
the petition. The board of elections shall submit the resolution	4866
to such electors, for their approval or rejection, at the next	4867
general, primary, or special election occurring subsequent to	4868
seventy-five days after the certifying of such petition to the	4869
board of elections.	4870

(3) Whenever a district is located in the territory of more	4871
than one contracting party, a majority vote of the electors, if	4872
any, in each of the several portions of the territory of the	4873
contracting parties constituting the district approving the levy	4874
of the tax is required before it may be imposed pursuant to this	4875
division.	4876

(4) If there are no electors residing in the district, no	4877
election for the approval or rejection of an income tax shall be	4878
held pursuant to this section, provided that where no electors	4879
reside in the district, the maximum rate of the income tax that	4880
may be levied shall not exceed one per cent.	4881

(5) The board of directors of a district levying an income	4882
tax shall enter into an agreement with one of the municipal	4883
corporations that is a party to the contract to administer,	4884
collect, and enforce the income tax on behalf of the district. The	4885
resolution levying the income tax shall provide the same credits,	4886
if any, to residents of the district for income taxes paid to	4887
other such districts or municipal corporations where the residents	4888
work, as credits provided to residents of the municipal	4889
corporation administering the income tax.	4890

(6)(a) The board shall publish or post public notice within	4891
the district of any resolution adopted levying an income tax in	4892
the same manner required of municipal corporations under sections	4893
731.21 and 731.25 of the Revised Code.	4894

(b) Except as otherwise specified by this division, any	4895
referendum or initiative proceeding within a district shall be	4896
conducted in the same manner as is required for such proceedings	4897
within a municipal corporation pursuant to sections 731.28 to	4898
731.40 of the Revised Code.	4899

(G) Membership on the board of directors does not constitute	4900
the holding of a public office or employment within the meaning of	4901
any section of the Revised Code or any charter provision	4902
prohibiting the holding of other public office or employment, and	4903
shall not constitute an interest, either direct or indirect, in a	4904
contract or expenditure of money by any municipal corporation,	4905
township, county, or other political subdivision with which the	4906
member may be connected. No member of a board of directors shall	4907
be disqualified from holding any public office or employment, nor	4908
shall such member forfeit or be disqualified from holding any such	4909
office or employment, by reason of the member's membership on the	4910
board of directors, notwithstanding any law or charter provision	4911
to the contrary.	4912

(H) The powers and authorizations granted pursuant to this	4913
section or section 715.71 of the Revised Code are in addition to	4914
and not in derogation of all other powers granted to municipal	4915
corporations and townships pursuant to law. When exercising a	4916
power or performing a function or duty under a contract authorized	4917
pursuant to this section or section 715.71 of the Revised Code, a	4918
municipal corporation may exercise all of the powers of a	4919
municipal corporation, and may perform all the functions and	4920
duties of a municipal corporation, within the district, pursuant	4921
to and to the extent consistent with the contract. When exercising	4922
a power or performing a function or duty under a contract	4923
authorized pursuant to this section or section 715.71 of the	4924
Revised Code, a township may exercise all of the powers of a	4925
township, and may perform all the functions and duties of a	4926
township, within the district, pursuant to and to the extent	4927
consistent with the contract. The district board of directors has	4928
no powers except those specifically set forth in the contract as	4929
agreed to by the participating parties. No political subdivision	4930
shall authorize or grant any tax exemption pursuant to Chapter	4931
1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of the	4932
Revised Code on any property located within the district, except	4933
that a political subdivision that is a contracting party may grant	4934
a tax exemption under section 5709.62, 5709.63, or 5709.632 of the	4935
Revised Code on property located within the district, withwithout	4936
the consent of the other contracting parties. The prohibition for	4937
any tax exemption pursuant to this division shall not apply to any	4938
exemption filed, pending, or approved, or for which an agreement	4939
has been entered into, before the effective date of the contract	4940
entered into by the parties.	4941

(I) Municipal corporations and townships may enter into	4942
binding agreements pursuant to a contract authorized under this	4943
section or section 715.71 of the Revised Code with respect to the	4944
substance and administration of zoning and other land use	4945
regulations, building codes, public permanent improvements, and	4946
other regulatory and proprietary matters that are determined,	4947
pursuant to the contract, to be for a public purpose and to be	4948
desirable with respect to the operation of the district or to	4949
facilitate new or expanded economic development in the state or	4950
the district, provided that no contract shall exempt the territory	4951
within the district from the procedures and processes of land use	4952
regulation applicable pursuant to municipal corporation, township,	4953
and county regulations, including but not limited to procedures	4954
and processes concerning zoning.	4955

(J) A contract entered into pursuant to this section or	4956
section 715.71 of the Revised Code may be amended and it may be	4957
renewed, canceled, or terminated as provided in or pursuant to the	4958
contract. The contract may be amended to add property owned by one	4959
of the contracting parties to the district, or may be amended to	4960
delete property from the district whether or not one of the	4961
contracting parties owns the deleted property. The contract shall	4962
continue in existence throughout its term and shall be binding on	4963
the contracting parties and on any entities succeeding to such	4964
parties, whether by annexation, merger, or otherwise. The income	4965
tax levied by the board pursuant to this section or section 715.71	4966
of the Revised Code shall apply in the entire district throughout	4967
the term of the contract, notwithstanding that all or a portion of	4968
the district becomes subject to annexation, merger, or	4969
incorporation. No township or municipal corporation is divested of	4970
its rights or obligations under the contract because of	4971
annexation, merger, or succession of interests.	4972

(K) After the creation of a joint economic development	4973
district described in division (A)(2) of this section, a municipal	4974
corporation that is a contracting party may cease to own property	4975
included in the district, but such property shall continue to be	4976
included in the district and subject to the terms of the contract.	4977

Sec. 715.81.  The powers granted under sections 715.72 to	4978
715.81 of the Revised Code are in addition to and not in the	4979
derogation of all other powers granted to municipal corporations	4980
and townships pursuant to law. When exercising a power or	4981
performing a function or duty under a contract entered into under	4982
section 715.72 of the Revised Code, a municipal corporation may	4983
exercise all of the powers of a municipal corporation, and may	4984
perform all the functions and duties of a municipal corporation,	4985
within the joint economic development district, pursuant to and to	4986
the extent consistent with the contract. When exercising a power	4987
or performing a function or duty under a contract entered into	4988
under either section 715.72 or section 715.691 of the Revised	4989
Code, a township may exercise all of the powers of a township, and	4990
may perform all the functions and duties of a township, within the	4991
joint economic development district, or joint economic development	4992
zone that is subject to division (I)(2) of section 715.691 of the	4993
Revised Code, pursuant to and to the extent consistent with the	4994
contract. No political subdivision shall grant any tax exemption	4995
under Chapter 1728. or section 3735.67, 5709.62, 5709.63, or	4996
5709.632 of the Revised Code on any property located within the	4997
district, or zone that is subject to division (I)(2) of section	4998
715.691 of the Revised Code, except that a political subdivision	4999
that is a contracting party may grant a tax exemption under	5000
section 5709.62, 5709.63, or 5709.632 of the Revised Code on	5001
property located within the district, or zone that is subject to	5002
division (I)(2) of section 715.691 of the Revised Code, with	5003
without the consent of the other contracting parties. The	5004
prohibition against granting a tax exemption under this section	5005
does not apply to any exemption filed, pending, or approved before	5006
the effective date of the contract entered into under either	5007
section 715.72 or section 715.691 of the Revised Code.	5008

Sec. 1520.02.  (A) The director of natural resources has	5009
exclusive authority to administer, manage, and establish policies	5010
governing canal lands.	5011

(B)(1) Except as provided in division (C) of this section,	5012
the director may sell, lease, exchange, give, or grant all or part	5013
of the state's interest in any canal lands in accordance with	5014
section 1501.01 of the Revised Code. The director may stipulate	5015
that an appraisal or survey need not be conducted for, and may	5016
establish any terms or conditions that the director determines	5017
appropriate for, any such conveyance.	5018

Prior to proposing the conveyance of any canal lands, the	5019
director shall consider the local government needs and economic	5020
development potential with respect to the canal lands and the	5021
recreational, ecological, and historical value of the canal lands.	5022
In addition, the conveyance of canal lands shall be conducted in	5023
accordance with the director's policies governing the protection	5024
and conservation of canal lands established under this section.	5025

(2) With regard to canal lands, the chief of the division of	5026
water, with the approval of the director, may sell, lease, or	5027
transfer minerals or mineral rights when the chief and the	5028
director determine that the sale, lease, or transfer is in the	5029
best interest of the state. Consideration for minerals and mineral	5030
rights shall be by rental or on a royalty basis as prescribed by	5031
the chief and payable as prescribed by contract. Moneys collected	5032
under division (B)(2) of this section shall be paid into the state	5033
treasury to the credit of the canal lands fund created in section	5034
1520.05 of the Revised Code.	5035

(C)(1) Not later than one year after July 1, 1989, the	5036
director of transportation and the director of the Ohio historical	5037
society shall identify all canal lands that are or may be of use	5038
to any program operated by the department of transportation or the	5039
Ohio historical society, respectively, and shall notify the	5040
director of natural resources of those lands. The director of	5041
natural resources may transfer any canal lands so identified to	5042
the exclusive care, custody, and control of the department of	5043
transportation or the Ohio historical society, as applicable, by	5044
means of a departmental transfer not later than six months after	5045
receiving notification under division (C)(1) of this section.	5046

(2) The director of natural resources may transfer to the	5047
Ohio historical society any equipment, maps, and records used on	5048
or related to canal lands that are of historical interest and that	5049
are not needed by the director to administer this chapter.	5050

(D) If the director of natural resources determines that any	5051
canal lands are a necessary part of a county's drainage or ditch	5052
system and are not needed for any purpose of the department of	5053
natural resources, the director may sell, grant, or otherwise	5054
convey those canal lands to that county in accordance with	5055
division (B) of this section. The board of county commissioners	5056
shall accept the transfer of canal lands.	5057

(E) Notwithstanding any other section of the Revised Code,	5058
the county auditor shall transfer any canal lands conveyed under	5059
this section, and the county recorder shall record the deed for	5060
those lands in accordance with section 317.12 of the Revised Code.	5061
This division does not apply to canal lands transferred under	5062
division (C)(1) of this section.	5063

Sec. 1702.01.  As used in this chapter, unless the context	5064
otherwise requires:	5065

(A) "Corporation" or "domestic corporation" means a nonprofit	5066
corporation formed under the laws of this state, or a business	5067
corporation formed under the laws of this state that, by amendment	5068
to its articles as provided by law, becomes a nonprofit	5069
corporation.	5070

(B) "Foreign corporation" means a nonprofit corporation	5071
formed under the laws of another state.	5072

(C) "Nonprofit corporation" means a domestic or foreign	5073
corporation that is formed otherwise than for the pecuniary gain	5074
or profit of, and whose net earnings or any part of them is not	5075
distributable to, its members, directors, officers, or other	5076
private persons, except that the payment of reasonable	5077
compensation for services rendered and the distribution of assets	5078
on dissolution as permitted by section 1702.49 of the Revised Code	5079
is not pecuniary gain or profit or distribution of net earnings.	5080
In a corporation all of whose members are nonprofit corporations,	5081
distribution to members does not deprive it of the status of a	5082
nonprofit corporation.	5083

(D) "State" means the United States; any state, territory,	5084
insular possession, or other political subdivision of the United	5085
States, including the District of Columbia; any foreign country or	5086
nation; and any province, territory, or other political	5087
subdivision of a foreign country or nation.	5088

(E) "Articles" includes original articles of incorporation,	5089
agreements of merger or consolidation if and only to the extent	5090
that articles of incorporation are adopted or amended in the	5091
agreements, amended articles, and amendments to any of these, and,	5092
in the case of a corporation created before September 1, 1851, the	5093
special charter and any amendments to it made by special act of	5094
the General Assemblygeneral assembly or pursuant to general law.	5095

(F) "Incorporator" means a person who signed the original	5096
articles of incorporation.	5097

(G) "Member" means one having membership rights and	5098
privileges in a corporation in accordance with its articles or	5099
regulations.	5100

(H) "Voting member" means a member possessing voting rights,	5101
either generally or in respect of the particular question	5102
involved, as the case may be.	5103

(I) "Person" includes, but is not limited to, a nonprofit	5104
corporation, a business corporation, a partnership, an	5105
unincorporated society or association, and two or more persons	5106
having a joint or common interest.	5107

(J) The location of the "principal office" of a corporation	5108
is the place named as such in its articles.	5109

(K) "Directors" means the persons vested with the authority	5110
to conduct the affairs of the corporation irrespective of the	5111
name, such as trustees, by which they are designated.	5112

(L) "Insolvent" means that the corporation is unable to pay	5113
its obligations as they become due in the usual course of its	5114
affairs.	5115

(M)(1) Subject to division (M)(2) of this section,	5116
"volunteer" means a director, officer, or agent of a corporation,	5117
or another person associated with a corporation, who satisfies	5118
both of the following:	5119

(a) Performs services for or on behalf of, and under the	5120
authority or auspices of, that corporation;	5121

(b) Does not receive compensation, either directly or	5122
indirectly, for performing those services.	5123

(2) For purposes of division (M)(1) of this section,	5124
"compensation" does not include any of the following:	5125

(a) Actual and necessary expenses that are incurred by a	5126
volunteer in connection with the services performed for a	5127
corporation, and that are reimbursed to the volunteer or otherwise	5128
paid;	5129

(b) Insurance premiums paid on behalf of a volunteer, and	5130
amounts paid or reimbursed, pursuant to division (E) of section	5131
1702.12 of the Revised Code;	5132

(c) Modest perquisites.

5133

(N) "Business corporation" means any entity, as defined in	5134
section 1701.01 of the Revised Code, other than a public benefit	5135
corporation or a mutual benefit corporation, that is organized	5136
pursuant to Chapter 1701. of the Revised Code.	5137

(O) "Mutual benefit corporation" means any corporation	5138
organized under this chapter other than a public benefit	5139
corporation.	5140

(P) "Public benefit corporation" means a corporation that is	5141
recognized as exempt from federal income taxation under section	5142
501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085,	5143
26 U.S.C. 1, as amended, or is organized for a public or	5144
charitable purpose and that upon dissolution must distribute its	5145
assets to a public benefit corporation, the United States, a state	5146
or any political subdivision of a state, or a person that is	5147
recognized as exempt from federal income taxation under section	5148
501(c)(3) of the "Internal Revenue Code of 1986," as amended.	5149
"Public benefit corporation" does not include a nonprofit	5150
corporation that is organized by one or more municipal	5151
corporations to further a public purpose that is not a charitable	5152
purpose.	5153

(Q) "Authorized communications equipment" means any	5154
communications equipment to which both of the following apply:	5155

(1) The articles, regulations, or bylaws, or the regulations,	5156
constitution, or other fundamental agreement if section 1702.08 of	5157
the Revised Code applies, permit the use of the communications	5158
equipment for the purpose of giving notice of meetings or any	5159
notice required by this chapter, attending and participating in	5160
meetings, giving a copy of any document or transmitting any	5161
writing required or permitted under this chapter, or voting.	5162

(2) The communications equipmentthat provides a	5163
transmission, including, but not limited to, by telephone,	5164
telecopy, or any electronic means, from which it can be determined	5165
that the transmission was authorized by, and accurately reflects	5166
the intention of, the member or director involved and, with	5167
respect to meetings, allows all persons participating in the	5168
meeting to contemporaneously communicate with each other.	5169

Sec. 1702.08.  (A) When an unincorporated society or	5170
association, organized for any of the purposes for which a	5171
corporation could be formed under this chapter, authorizes the	5172
incorporation of that society or association, by the same	5173
procedure and affirmative vote of its voting members that the	5174
regulations, constitution, or other fundamental agreement of the	5175
society or association requires for an amendment to that	5176
fundamental agreement or, if no such vote is specified, by a	5177
majority vote of the voting members present in person or, if	5178
permitted, by mail, by proxy, or by the use of authorized	5179
communications equipment, by mail, or, if permitted, by proxy, at	5180
a duly convened meeting the purpose of which is stated in the	5181
notice of the meeting, then upon the filing of the articles under	5182
section 1702.04 of the Revised Code setting forth those facts and	5183
that the required vote has been obtained, that society or	5184
association shall become a corporation, and the members of the	5185
society or association shall become members of that corporation in	5186
accordance with provisions in the articles to that effect.	5187

(B) All the rights, privileges, immunities, powers,	5188
franchises, and authority, and all the property and obligations of	5189
that unincorporated society or association, shall thereupon pass	5190
to, vest in, and (in the case of liabilities and obligations) be	5191
obligations of the corporation so formed.	5192

Sec. 1702.11.  (A) Without limiting the generality of such	5193
authority, the regulations, whether designated a constitution or	5194
rules, or by some other term, may include provisions with respect	5195
to the following:	5196

(1) The place, if any, and time for holding, the manner of	5197
and authority for calling, giving notice of, and conducting, and	5198
the requirements of a quorum for, meetings of members, or their	5199
elected representatives or delegates;	5200

(2) The qualifications, admission, voluntary withdrawal,	5201
censure, and suspension of members, and the termination of	5202
membership;	5203

(3) The fees and dues of members;

5204

(4) The rights of members or classes of members, or of their	5205
elected representatives or delegates, to vote; the manner of	5206
conducting votes of members on matters, including any right to	5207
votevoting by mail, by the use of authorized communications	5208
equipment, if permitted by this chapter, or by proxy; the	5209
specification of the relative rights and privileges among members	5210
and in the property of the corporation; and limitations upon or	5211
regulations governing the right of members to examine the books	5212
and records of the corporation;	5213

(5) The election of representatives or delegates of members	5214
and their authority, rights, and privileges;	5215

(6) The number, classification, manner of fixing or changing	5216
the number, qualifications, term of office, voting rights,	5217
compensation or manner of fixing compensation, and the removal of	5218
directors;	5219

(7) The place, if any, and time for holding, the manner of	5220
and authority for calling, giving notice of, and conducting, and	5221
the requirements of a quorum for, meetings of the directors;	5222

(8) The appointment of an executive and other committees of	5223
the directors or of members, their authority, and the method by	5224
which they take action;	5225

(9) The titles, qualifications, duties, term of office,	5226
compensation or manner of fixing compensation, and the removal, of	5227
officers;	5228

(10) Defining, limiting, or regulating the exercise of the	5229
authority of the corporation, the directors, the officers, the	5230
members, or any class of members;	5231

(11) The method by which voting members may change the	5232
regulations;	5233

(12) Providing for the use of authorized communications	5234
equipment.	5235

(B)(1) In the absence of provisions in the articles or the	5236
regulations with respect to the method of changing the	5237
regulations, the regulations may be amended, or new regulations	5238
may be adopted, by the voting members at a meeting held for such	5239
purpose, if a quorum is present, by the affirmative vote of a	5240
majority of the voting members present in person or, if permitted,	5241
by mail, by the use of authorized communications equipment, by	5242
mail, or, if permitted, by proxy.	5243

(2) For purposes of division (B)(1) of this section,	5244
participation by a member in a meeting through the use of any of	5245
the means of communication described in that division constitutes	5246
presence in person of that member at the meeting for purposes of	5247
determining a quorum.	5248

(C) The members of a nonprofit corporation may adopt or	5249
authorize the directors to adopt, either before or during an	5250
emergency, as defined in division (U) of section 1701.01 of the	5251
Revised Code, emergency regulations operative only during an	5252
emergency. The emergency regulations may include those provisions	5253
that are authorized to be included in regulations by divisions (A)	5254
and (B) of this section. In addition, unless expressly prohibited	5255
by the articles or regulations, and notwithstanding any different	5256
provisions in this chapter and any different provision in the	5257
articles or regulations that are not expressly stated to be	5258
operative during an emergency, the emergency regulations may make	5259
any provision that may be practical or necessary with respect to	5260
meetings, committees, vacancies, and temporary appointments of the	5261
directors, and the rank and succession of officers, the same as	5262
may be done by corporations for profit under division (C) of	5263
section 1701.11 of the Revised Code.	5264

(D) Any change in the regulations made in accordance with	5265
their provisions or pursuant to division (B) of this section shall	5266
be binding on all members.	5267

(E) If the regulations are amended or new regulations adopted	5268
without a meeting of the voting members, the secretary of the	5269
corporation shall send by mail, overnight delivery service, or	5270
authorized communications equipment a copy of the amendment or the	5271
new regulations to each voting member who would have been entitled	5272
to vote on the amendment or new regulations and did not	5273
participate in the adoption of the amendment or new regulations.	5274
If the secretary of the corporation mails the copy or sends it by	5275
overnight delivery service, the secretary shall send the copy of	5276
the amendment or the new regulations to the voting member at the	5277
voting member's address as it appears on the records of the	5278
corporation. If the secretary sends the copy by means of	5279
authorized communications equipment, the secretary shall send the	5280
copy of the amendment or the new regulations to the address	5281
provided by the voting member for transmissions by authorized	5282
communications equipment.	5283

(F) No person dealing with the corporation shall be charged	5284
with constructive notice of the regulations.	5285

(G) Unless expressly prohibited by the articles or	5286
regulations, or unless otherwise provided by the emergency	5287
regulations, and notwithstanding any different provision in this	5288
chapter, the special rules provided for corporations for profit	5289
under division (F) of section 1701.11 of the Revised Code are	5290
applicable to a nonprofit corporation during an emergency, as	5291
defined in division (U) of section 1701.01 of the Revised Code.	5292

Sec. 1702.17.  (A) Meetings of voting members may be called	5293
by any of the following:	5294

(1) The chairperson of the board, the president, or, in case	5295
of the president's absence, death, or disability, the	5296
vice-president authorized to exercise the authority of the	5297
president;	5298

(2) The directors by action at a meeting, or a majority of	5299
the directors acting without a meeting;	5300

(3) The lesser of (a) ten per cent of the voting members or	5301
(b) twenty-five of the voting members, unless the articles or the	5302
regulations specify for such purpose a smaller or larger	5303
proportion or number, but not in excess of fifty per cent of the	5304
voting members;	5305

(4) Any other officers or persons that the articles or the	5306
regulations authorize to call such meetings.	5307

(B) If so provided in the articles or the regulations,	5308
meetings of voting members may be held either within or without	5309
this state or solely by means of authorized communications	5310
equipment.	5311

(C) If authorized byUnless the directorsarticles or	5312
regulations provide otherwise, the voting members and proxyholders	5313
who are not physically present at a meeting of voting members may	5314
attend the meeting by the use of authorized communications	5315
equipment that enables the voting members and proxyholders an	5316
opportunity to participate in the meeting and to vote on matters	5317
submitted to the voting members, including an opportunity to read	5318
or hear the proceedings of the meeting, participate in the	5319
proceedings, and contemporaneously communicate with the persons	5320
who are physically present at the meeting. Any voting member who	5321
uses authorized communications equipment under this division is	5322
deemed to be present in person at the meeting whether the meeting	5323
is held at a designated place or solely by means of authorized	5324
communications equipment. The directors may adopt procedures and	5325
guidelines for the use of authorized communications equipment in	5326
connection with a meeting of voting members to permit the	5327
corporation to verify that a person is a voting member or	5328
proxyholder and to maintain a record of any vote or other action	5329
taken at the meeting.	5330

Sec. 1702.19. (A) Notice of the place, if any, the time, and	5331
the purposes of any meeting of voting members or directors, as the	5332
case may be, whether required by law, the articles, the	5333
regulations, or (in the case of directors) the bylaws, may be	5334
waived in writing, either before or after the holding of such	5335
meeting, by any member, or by any director, which writing shall be	5336
filed with or entered upon the records of the meeting. A	5337
transmission by authorized communications equipment that contains	5338
a waiver is a writing for purposes of this division.	5339

(B) If a member or director attends a meeting described in	5340
division (A) of this section without protesting prior to or at the	5341
commencement of the meeting, then the lack of proper notice shall	5342
be deemed to be a waiver by the member or director of notice of	5343
the meeting.	5344

(C) AUnless the articles or regulations provide otherwise, a	5345
member or director shall be considered in attendance at a meeting	5346
described in division (A) of this section, if the member or	5347
director is present in person or, if permitted by the regulations,	5348
is present by the use of authorized communications equipment, by	5349
mail, or, if permitted, by proxy. Unless the articles or	5350
regulations provide otherwise, a director shall be considered in	5351
attendance at a meeting described in division (A) of this section	5352
if the director is present in person or by the use of authorized	5353
communications equipment.	5354

Sec. 1702.20. (A) Except as otherwise provided in the	5355
articles or the regulations, each member, regardless of class,	5356
shall be entitled to one vote on each matter properly submitted to	5357
the members for their vote, consent, waiver, release, or other	5358
action.	5359

(B) TheUnless the articles or the regulations may provide	5360
thatotherwise, voting at elections and votes on other matters may	5361
be conducted by mail or by the use of authorized communications	5362
equipment.	5363

(C) Participation by a member in a meeting through the use of	5364
any of the means of communication described in division (B) of	5365
this section constitutes presence in person of that member at the	5366
meeting. The directors may adopt procedures and guidelines for the	5367
use of authorized communications equipment to permit the	5368
corporation to verify that a person is a voting member and to	5369
maintain a record of any vote.	5370

(D) Unless the articles or the regulations otherwise provide,	5371
no member who is a natural person shall vote or act by proxy.	5372

Sec. 1702.22.  Unless the articles or the regulations	5373
otherwise provide:	5374

(A)(1) The voting members present in person or, if permitted,	5375
by mail, by proxy, or by the use of authorized communications	5376
equipment, by mail, or, if permitted, by proxy at any meeting of	5377
voting members shall constitute a quorum for the meeting.	5378

(2) The affirmative vote of a majority of the voting members	5379
present at a meeting at which a quorum is present as provided in	5380
division (A)(1) of this section shall be necessary for the	5381
authorization or taking of any action voted upon by the members,	5382
except that no action required by law, the articles, or the	5383
regulations to be authorized or taken by a specified proportion or	5384
number of the voting members or of any class of voting members may	5385
be authorized or taken by a lesser proportion or number.	5386

(B) A majority of the voting members present at a meeting,	5387
whether or not a quorum is present, may adjourn the meeting from	5388
time to time.	5389

Sec. 1702.27.  (A) Except as provided in division (B) of this	5390
section and section 1702.521 of the Revised Code:	5391

(1) The number of directors as fixed by the articles or the	5392
regulations shall be not less than three or, if not so fixed, the	5393
number shall be three, except that if there are only one or two	5394
members of the corporation, the number of directors may be less	5395
than three but not less than the number of members.	5396

(2)(a) Subject to division (A)(2)(c) of this section, unless	5397
the articles or the regulations fix the number of directors or	5398
provide the manner in which that number may be fixed or changed by	5399
the voting members, the number may be fixed or changed at a	5400
meeting of the voting members called for the purpose of electing	5401
directors, if a quorum is present, by the affirmative vote of a	5402
majority of the voting members present in person or, if permitted,	5403
by mail, by the use of authorized communications equipment, by	5404
mail, or, if permitted, by proxy.	5405

(b) For purposes of division (A)(2)(a) of this section,	5406
participation by a voting member in a meeting through the use of	5407
any of the means of communication described in that division	5408
constitutes presence in person of that voting member at the	5409
meeting for purposes of determining a quorum.	5410

(c) No reduction in the number of directors shall of itself	5411
have the effect of shortening the term of any incumbent director.	5412

(3) The director shall have the qualifications, if any, that	5413
are stated in the articles or the regulations.	5414

(4) The articles or the regulations may provide that persons	5415
occupying certain positions within or without the corporation	5416
shall be ex officio directors, but, unless otherwise provided in	5417
the articles or the regulations, such ex officio directors shall	5418
not be considered for quorum purposes and shall have no vote.	5419

(B) The court of common pleas of the county in which the	5420
corporation maintains its principal office may, pursuant to	5421
division (A) of section 1702.521 of the Revised Code, order the	5422
appointment of a provisional director for the corporation without	5423
regard to the number or qualifications of directors stated in the	5424
articles or regulations of the corporation.	5425

Sec. 1702.38.  (A) The articles may be amended from time to	5426
time in any respect if the articles as amended set forth all the	5427
provisions that are required in, and only those provisions that	5428
may properly be in, original articles filed at the time of	5429
adopting the amendment, other than with respect to the initial	5430
directors, except that a public benefit corporation shall not	5431
amend its articles in such manner that it will cease to be a	5432
public benefit corporation.	5433

(B) Without limiting the generality of the authority	5434
described in division (A) of this section, the articles may be	5435
amended to:	5436

(1) Change the name of the corporation;

5437

(2) Change the place in this state where its principal office	5438
is to be located;	5439

(3) Change, enlarge, or diminish its purpose or purposes;

5440

(4) Change any provision of the articles or add any provision	5441
that may properly be included in the articles.	5442

(C)(1) The voting members present in person or, if permitted,	5443
by mail, by proxy, or by use of authorized communications	5444
equipment, by mail, or, if permitted, by proxy at a meeting held	5445
for that purpose, may adopt an amendment by the affirmative vote	5446
of a majority of the voting members present if a quorum is present	5447
or, if the articles or the regulations provide or permit, by the	5448
affirmative vote of a greater or lesser proportion or number of	5449
the voting members, and by the affirmative vote of the voting	5450
members of any particular class that is required by the articles	5451
or the regulations.	5452

(2) For purposes of division (C)(1) of this section,	5453
participation by a voting member at a meeting through the use of	5454
any of the means of communication described in that division	5455
constitutes presence in person of that voting member at the	5456
meeting for purposes of determining a quorum.	5457

(D) In addition to or in lieu of adopting an amendment to the	5458
articles, the voting members may adopt amended articles by the	5459
same action or vote as that required to adopt the amendment.	5460

(E) The directors may adopt amended articles to consolidate	5461
the original articles and all previously adopted amendments to the	5462
articles that are in force at the time, or the voting members at a	5463
meeting held for that purpose may adopt the amended articles by	5464
the same vote as that required to adopt an amendment.	5465

(F) Amended articles shall set forth all the provisions that	5466
are required in, and only the provisions that may properly be in,	5467
original articles filed at the time of adopting the amended	5468
articles, other than with respect to the initial directors, and	5469
shall contain a statement that they supersede the existing	5470
articles.	5471

(G) Upon the adoption of any amendment or amended articles, a	5472
certificate containing a copy of the resolution adopting the	5473
amendment or amended articles, a statement of the manner of its	5474
adoption, and, in the case of adoption of the resolution by the	5475
directors, a statement of the basis for such adoption, shall be	5476
filed with the secretary of state, and upon that filing the	5477
articles shall be amended accordingly, and the amended articles	5478
shall supersede the existing articles. The certificate shall be	5479
signed by any authorized officer of the corporation.	5480

(H) A copy of an amendment or amended articles changing the	5481
name of a corporation or its principal office in this state,	5482
certified by the secretary of state, may be filed for record in	5483
the office of the county recorder of any county in this state, and	5484
for that recording the county recorder shall charge and collect	5485
the same fee as provided for in division (A) of section 317.32 of	5486
the Revised Code. That copy shall be recorded in the records of	5487
deeds.	5488

Sec. 1702.39.  (A)(1) Unless the articles or the regulations,	5489
or the terms of any trust on which the corporation holds any	5490
particular property, otherwise provide, a lease, sale, exchange,	5491
transfer, or other disposition of any assets of a mutual benefit	5492
corporation may be made without the necessity of procuring	5493
authorization from the court under section 1715.39 of the Revised	5494
Code, upon the terms and for the consideration, which may consist,	5495
in whole or in part, of money or other property, including shares	5496
or other securities or promissory obligations of any business	5497
corporation, domestic or foreign, that may be authorized by the	5498
directors, except that a lease, sale, exchange, transfer, or other	5499
disposition of all, or substantially all, the assets may be made	5500
only when that transaction is also authorized (either before or	5501
after authorization by the directors) by the voting members	5502
present in person or, if permitted, by mail, by proxy, or by the	5503
use of authorized communications equipment, by mail, or, if	5504
permitted, by proxy at a meeting held for that purpose, by the	5505
affirmative vote of a majority of the voting members present as	5506
described in this division, if a quorum is present, or, if the	5507
articles or the regulations provide or permit, by the affirmative	5508
vote of a greater or lesser proportion or number of the voting	5509
members, and by the affirmative vote of the voting members of any	5510
particular class that is required by the articles or the	5511
regulations. Notice of the meeting of the members shall be given	5512
to all members entitled to vote at the meeting. Such notice shall	5513
be accompanied by a copy or summary of the terms of that	5514
transaction.	5515

(2) For purposes of division (A)(1) of this section,	5516
participation by a voting member at a meeting through the use of	5517
any of the means of communication described in that division	5518
constitutes presence in person of that voting member at the	5519
meeting for purposes of determining a quorum.	5520

(B)(1) A public benefit corporation may not dispose of its	5521
assets with value equal to more than fifty per cent of the fair	5522
market value of the net tangible and intangible assets, including	5523
goodwill, of the corporation over a period of thirty-six	5524
consecutive months in a transaction or series of transactions,	5525
including the lease, sale, exchange, transfer, or other	5526
disposition of those assets, that are outside the ordinary course	5527
of its business or that are not in accordance with the purpose or	5528
purposes for which the corporation was organized, as set forth in	5529
its articles or the terms of any trust on which the corporation	5530
holds such assets, unless one or more of the following apply:	5531

(a) The transaction has received the prior approval of the	5532
court of common pleas of the county in this state in which the	5533
principal office of the corporation is located, in a proceeding of	5534
which the attorney general's charitable law section has been given	5535
written notice by certified mail within three days of the	5536
initiation of the proceeding, and in which proceeding the attorney	5537
general may intervene as of right.	5538

(b)(i) The corporation has provided written notice of the	5539
proposed transaction, including a copy or summary of the terms of	5540
such transaction, at least twenty days before consummation of the	5541
lease, sale, exchange, transfer, or other disposition of the	5542
assets, to the attorney general's charitable law section and to	5543
the members of the corporation, and the proposed transaction has	5544
been approved by the voting members present in person or, if	5545
permitted, by mail, by proxy, or by the use of authorized	5546
communications equipment, by mail, or, if permitted, by proxy at a	5547
meeting held for that purpose, by the affirmative vote of a	5548
majority of the voting members present as described in this	5549
division, if a quorum is present, or, if the articles or	5550
regulations provide or permit, by the affirmative vote of a	5551
greater or lesser proportion or number of the voting members, and	5552
if the articles or regulations require, by the affirmative vote of	5553
the voting members of any particular class.	5554

(ii) For purposes of division (B)(1)(b)(i) of this section,	5555
participation by a voting member at a meeting through the use of	5556
any of the means of communication described in that division	5557
constitutes presence in person of that voting member at the	5558
meeting for purposes of determining a quorum.	5559

(c) The transaction is in accordance with the purpose or	5560
purposes for which the corporation was organized, as set forth in	5561
its articles or the terms of any trust on which the corporation	5562
holds the assets, and the lessee, purchaser, or transferee of the	5563
assets is also a public benefit corporation or a foreign	5564
corporation that would qualify under the Revised Code as a public	5565
benefit corporation.	5566

(2) The attorney general may require, pursuant to section	5567
109.24 of the Revised Code, the production of the documents	5568
necessary for review of a proposed transaction under division	5569
(B)(1) of this section. The attorney general may retain, at the	5570
expense of the public benefit corporation, one or more experts,	5571
including an investment banker, actuary, appraiser, certified	5572
public accountant, or other expert, that the attorney general	5573
considers reasonably necessary to provide assistance in reviewing	5574
a proposed transaction under division (B)(1) of this section.	5575

(C) The attorney general may institute a civil action to	5576
enforce the requirements of division (B)(1) of this section in the	5577
court of common pleas of the county in this state in which the	5578
principal office of the corporation is located or in the Franklin	5579
county court of common pleas. In addition to any civil remedies	5580
that may exist under common law or the Revised Code, a court may	5581
rescind the transaction or grant injunctive relief or impose any	5582
combination of these remedies.	5583

(D) The corporation by its directors may abandon the proposed	5584
lease, sale, exchange, transfer, or other disposition of the	5585
assets of the corporation pursuant to division (A) or (B) of this	5586
section, subject to the contract rights of other persons, if that	5587
power of abandonment is conferred upon the directors either by	5588
the terms of the transaction or by the same vote of voting members	5589
and at the same meeting of members as that referred to in division	5590
(A) or (B) of this section, as applicable, or at any subsequent	5591
meeting.	5592

(E) An action to set aside a conveyance by a corporation, on	5593
the ground that any section of the Revised Code applicable to the	5594
lease, sale, exchange, transfer, or other disposition of the	5595
assets of such corporation has not been complied with, shall be	5596
brought within one year after that transaction, or the action	5597
shall be forever barred.	5598

Sec. 1702.42.  (A) The directors of each constituent	5599
corporation, upon approving an agreement of merger or	5600
consolidation, shall direct that the agreement be submitted to the	5601
voting members entitled to vote on it at a meeting of voting	5602
members of such corporation held for that purpose, and notice of	5603
the meeting shall be given to all members of the constituent	5604
corporation entitled to vote at the meeting. The notice shall be	5605
accompanied by a copy or summary of the agreement.	5606

(B)(1) At each meeting described in division (A) of this	5607
section, a vote of the members shall be taken on the proposed	5608
agreement. In order to be adopted, the agreement (including any	5609
amendments or additions to the agreement proposed at each such	5610
meeting) must receive the affirmative vote of a majority of the	5611
voting members of each constituent corporation present at that	5612
meeting in person or, if permitted, by mail, by proxy, or by the	5613
use of authorized communications equipment, by mail, or, if	5614
permitted, by proxy if a quorum is present, or, if the articles or	5615
the regulations of that corporation provide or permit, the	5616
affirmative vote of a greater or lesser proportion or number of	5617
the voting members, and the affirmative vote of the voting members	5618
of any particular class that is required by the articles or the	5619
regulations of such corporation. If the agreement would authorize	5620
any particular corporate action that, under any applicable	5621
provision of law or under the existing articles of one or more of	5622
the constituent corporations, could be authorized only by or	5623
pursuant to a specified vote of voting members, the agreement	5624
(including any amendments or additions to the agreement proposed	5625
at each such meeting) in order to be adopted must receive the	5626
affirmative vote so specified.	5627

(2) For purposes of division (B)(1) of this section,	5628
participation by a voting member at a meeting through the use of	5629
any of the means of communication described in that division	5630
constitutes presence in person of that voting member at the	5631
meeting for purposes of determining a quorum.	5632

(C) At any time prior to the filing of the agreement, the	5633
merger or consolidation may be abandoned by the directors of one	5634
or more of the constituent corporations, if the power of	5635
abandonment is conferred upon those directors either by the	5636
agreement or by the same vote of voting members of each of the	5637
constituent corporations and at the same meetings as those	5638
referred to in division (B) of this section or at subsequent	5639
meetings.	5640

Sec. 1702.58.  (A) Except as provided in sections 1702.01 to	5641
1702.58 of the Revised Code, the provisions of those sections	5642
shall apply only to domestic corporations, and except as otherwise	5643
provided in this section, the provisions of those sections shall	5644
apply to all domestic corporations, whether formed under those	5645
sections or under previous laws of this state.	5646

(B) Special provisions in the Revised Code for the	5647
organization, conduct, or government of designated classes of	5648
corporations shall govern to the exclusion of the provisions of	5649
sections 1702.01 to 1702.58 of the Revised Code on the same	5650
subject, except where it clearly appears that a special provision	5651
is cumulative, in which case, that provision and the provisions of	5652
those sections on the same subject shall apply.	5653

(C) A corporation incorporated prior to June 9, 1927, with	5654
authority to issue shares may continue to issue and reissue shares	5655
in accordance with its articles, but shall be without authority to	5656
amend its articles in order to increase the authorized number of	5657
shares.	5658

(D) A corporation created before September 1, 1851, that (1)	5659
has expressly elected to be governed by the laws passed since that	5660
date; (2) subsequent to that date has taken such action under laws	5661
then in effect as to make it subject, as a matter of law, to the	5662
Constitution of 1851 and laws passed under the Constitution of	5663
1851; or (3) subsequent to October 1, 1955, takes any action under	5664
sections 1702.01 to 1702.58 of the Revised Code that but for those	5665
sections it would not be authorized to take, shall be deemed to be	5666
a corporation exercising its corporate privileges under the	5667
Constitution of this state and the laws passed in pursuance of the	5668
Constitution of this state, and not otherwise.	5669

(E)(1) A corporation created before September 1, 1851, and	5670
actually carrying on its activities in this state, and which prior	5671
to October 11, 1955, has not taken action described in division	5672
(D) of this section, may accept the provisions of sections 1702.01	5673
to 1702.58 of the Revised Code at a meeting of voting members held	5674
for that purpose, by a resolution to that effect adopted by the	5675
affirmative vote of a majority of the voting members present in	5676
person or, if permitted, by mail, by proxy, or by the use of	5677
authorized communications equipment, by mail, or, if permitted, by	5678
proxy if a quorum is present, and by filing in the office of the	5679
secretary of state a copy of the resolution certified by any	5680
authorized officer of the corporation, for which filing the	5681
secretary of state shall charge and collect a fee of five dollars.	5682
Thereafter the corporation shall be deemed to exercise its	5683
corporate privileges under the Constitution of this state and the	5684
laws passed in pursuance of the Constitution of this state, and	5685
not otherwise.	5686

(2) For purposes of division (E)(1) of this section,	5687
participation by a voting member at a meeting through the use of	5688
any of the means of communication described in that division	5689
constitutes presence in person of that voting member at the	5690
meeting for purposes of determining a quorum.	5691

(F) Except as provided in divisions (D) and (E) of this	5692
section, a corporation created before September 1, 1851, shall be	5693
governed by the laws in force on that date as modified since that	5694
date.	5695

(G) A domestic business corporation, upon compliance with the	5696
provision of the Revised Code that is in effect from time to time	5697
relating to that business corporation's becoming a nonprofit	5698
corporation upon amendment to its articles or upon adoption of	5699
amended articles, as provided by law, shall, upon filing the	5700
prescribed certificate in the office of the secretary of state,	5701
become a corporation subject to the provisions of, and entitled to	5702
all the rights, privileges, immunities, powers, franchises, and	5703
authority granted by, this chapter.	5704

Sec. 2301.02.  The number of judges of the court of common	5705
pleas for each county, the time for the next election of the	5706
judges in the several counties, and the beginning of their terms	5707
shall be as follows:	5708

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	5709
elected in 1956, term to begin February 9, 1957;	5710

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	5711
Ottawa, and Union counties, one judge, to be elected in 1954, term	5712
to begin February 9, 1955;	5713

In Auglaize county, one judge, to be elected in 1956, term to	5714
begin January 9, 1957;	5715

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	5716
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and	5717
Wyandot counties, one judge, to be elected in 1956, term to begin	5718
January 1, 1957;	5719

In Morrow county, two judges, one to be elected in 1956, term	5720
to begin January 1, 1957, and one to be elected in 2006, term to	5721
begin January 1, 2007;	5722

In Logan county, two judges, one to be elected in 1956, term	5723
to begin January 1, 1957, and one to be elected in 2004, term to	5724
begin January 2, 2005;	5725

In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway,	5726
Preble, Shelby, Van Wert, and Williams counties, one judge, to be	5727
elected in 1952, term to begin January 1, 1953;	5728

In Harrison and Noble counties, one judge, to be elected in	5729
1954, term to begin April 18, 1955;	5730

In Henry county, two judges, one to be elected in 1956, term	5731
to begin May 9, 1957, and one to be elected in 2004, term to begin	5732
January 1, 2005;	5733

In Putnam county, one judge, to be elected in 1956, term to	5734
begin May 9, 1957;	5735

In Huron county, one judge, to be elected in 1952, term to	5736
begin May 14, 1953;	5737

In Perry county, one judge, to be elected in 1954, term to	5738
begin July 6, 1956;	5739

In Sandusky county, Ftwotwo judges, one to be elected in	5740
1954, term to begin February 10, 1955, and one to be elected in	5741
1978, term to begin January 1, 1979;	5742

(B) In Allen county, three judges, one to be elected in 1956,	5743
term to begin February 9, 1957, the second to be elected in 1958,	5744
term to begin January 1, 1959, and the third to be elected in	5745
1992, term to begin January 1, 1993;	5746

In Ashtabula county, three judges, one to be elected in 1954,	5747
term to begin February 9, 1955, one to be elected in 1960, term to	5748
begin January 1, 1961, and one to be elected in 1978, term to	5749
begin January 2, 1979;	5750

In Athens county, two judges, one to be elected in 1954, term	5751
to begin February 9, 1955, and one to be elected in 1990, term to	5752
begin July 1, 1991;	5753

In Erie county, four judges, one to be elected in 1956, term	5754
to begin January 1, 1957, the second to be elected in 1970, term	5755
to begin January 2, 1971, the third to be elected in 2004, term to	5756
begin January 2, 2005, and the fourth to be elected in 2008, term	5757
to begin February 9, 2009;	5758

In Fairfield county, three judges, one to be elected in 1954,	5759
term to begin February 9, 1955, the second to be elected in 1970,	5760
term to begin January 1, 1971, and the third to be elected in	5761
1994, term to begin January 2, 1995;	5762

In Geauga county, two judges, one to be elected in 1956, term	5763
to begin January 1, 1957, and the second to be elected in 1976,	5764
term to begin January 6, 1977;	5765

In Greene county, four judges, one to be elected in 1956,	5766
term to begin February 9, 1957, the second to be elected in 1960,	5767
term to begin January 1, 1961, the third to be elected in 1978,	5768
term to begin January 2, 1979, and the fourth to be elected in	5769
1994, term to begin January 1, 1995;	5770

In Hancock county, two judges, one to be elected in 1952,	5771
term to begin January 1, 1953, and the second to be elected in	5772
1978, term to begin January 1, 1979;	5773

In Lawrence county, two judges, one to be elected in 1954,	5774
term to begin February 9, 1955, and the second to be elected in	5775
1976, term to begin January 1, 1977;	5776

In Marion county, three judges, one to be elected in 1952,	5777
term to begin January 1, 1953, the second to be elected in 1976,	5778
term to begin January 2, 1977, and the third to be elected in	5779
1998, term to begin February 9, 1999;	5780

In Medina county, three judges, one to be elected in 1956,	5781
term to begin January 1, 1957, the second to be elected in 1966,	5782
term to begin January 1, 1967, and the third to be elected in	5783
1994, term to begin January 1, 1995;	5784

In Miami county, two judges, one to be elected in 1954, term	5785
to begin February 9, 1955, and one to be elected in 1970, term to	5786
begin on January 1, 1971;	5787

In Muskingum county, three judges, one to be elected in 1968,	5788
term to begin August 9, 1969, one to be elected in 1978, term to	5789
begin January 1, 1979, and one to be elected in 2002, term to	5790
begin January 2, 2003;	5791

In Portage county, three judges, one to be elected in 1956,	5792
term to begin January 1, 1957, the second to be elected in 1960,	5793
term to begin January 1, 1961, and the third to be elected in	5794
1986, term to begin January 2, 1987;	5795

In Ross county, two judges, one to be elected in 1956, term	5796
to begin February 9, 1957, and the second to be elected in 1976,	5797
term to begin January 1, 1977;	5798

In Scioto county, three judges, one to be elected in 1954,	5799
term to begin February 10, 1955, the second to be elected in 1960,	5800
term to begin January 1, 1961, and the third to be elected in	5801
1994, term to begin January 2, 1995;	5802

In Seneca county, two judges, one to be elected in 1956, term	5803
to begin January 1, 1957, and the second to be elected in 1986,	5804
term to begin January 2, 1987;	5805

In Warren county, four judges, one to be elected in 1954,	5806
term to begin February 9, 1955, the second to be elected in 1970,	5807
term to begin January 1, 1971, the third to be elected in 1986,	5808
term to begin January 1, 1987, and the fourth to be elected in	5809
2004, term to begin January 2, 2005;	5810

In Washington county, two judges, one to be elected in 1952,	5811
term to begin January 1, 1953, and one to be elected in 1986, term	5812
to begin January 1, 1987;	5813

In Wood county, three judges, one to be elected in 1968, term	5814
beginning January 1, 1969, the second to be elected in 1970, term	5815
to begin January 2, 1971, and the third to be elected in 1990,	5816
term to begin January 1, 1991;	5817

In Belmont and Jefferson counties, two judges, to be elected	5818
in 1954, terms to begin January 1, 1955, and February 9, 1955,	5819
respectively;	5820

In Clark county, four judges, one to be elected in 1952, term	5821
to begin January 1, 1953, the second to be elected in 1956, term	5822
to begin January 2, 1957, the third to be elected in 1986, term to	5823
begin January 3, 1987, and the fourth to be elected in 1994, term	5824
to begin January 2, 1995.	5825

In Clermont county, five judges, one to be elected in 1956,	5826
term to begin January 1, 1957, the second to be elected in 1964,	5827
term to begin January 1, 1965, the third to be elected in 1982,	5828
term to begin January 2, 1983, the fourth to be elected in 1986,	5829
term to begin January 2, 1987; and the fifth to be elected in	5830
2006, term to begin January 3, 2007;	5831

In Columbiana county, two judges, one to be elected in 1952,	5832
term to begin January 1, 1953, and the second to be elected in	5833
1956, term to begin January 1, 1957;	5834

In Delaware county, two judges, one to be elected in 1990,	5835
term to begin February 9, 1991, the second to be elected in 1994,	5836
term to begin January 1, 1995;	5837

In Lake county, six judges, one to be elected in 1958, term	5838
to begin January 1, 1959, the second to be elected in 1960, term	5839
to begin January 2, 1961, the third to be elected in 1964, term to	5840
begin January 3, 1965, the fourth and fifth to be elected in 1978,	5841
terms to begin January 4, 1979, and January 5, 1979, respectively,	5842
and the sixth to be elected in 2000, term to begin January 6,	5843
2001;	5844

In Licking county, four judges, one to be elected in 1954,	5845
term to begin February 9, 1955, one to be elected in 1964, term to	5846
begin January 1, 1965, one to be elected in 1990, term to begin	5847
January 1, 1991, and one to be elected in 2004, term to begin	5848
January 1, 2005;	5849

In Lorain county, ten judges, two to be elected in 1952,	5850
terms to begin January 1, 1953, and January 2, 1953, respectively,	5851
one to be elected in 1958, term to begin January 3, 1959, one to	5852
be elected in 1968, term to begin January 1, 1969, two to be	5853
elected in 1988, terms to begin January 4, 1989, and January 5,	5854
1989, respectively, two to be elected in 1998, terms to begin	5855
January 2, 1999, and January 3, 1999, respectively; one to be	5856
elected in 2006, term to begin January 6, 2007; and one to be	5857
elected in 2008, term to begin February 9, 2009, as described in	5858
division (C)(1)(c) of section 2301.03 of the Revised Code;	5859

In Butler county, eleven judges, one to be elected in 1956,	5860
term to begin January 1, 1957; two to be elected in 1954, terms to	5861
begin January 1, 1955, and February 9, 1955, respectively; one to	5862
be elected in 1968, term to begin January 2, 1969; one to be	5863
elected in 1986, term to begin January 3, 1987; two to be elected	5864
in 1988, terms to begin January 1, 1989, and January 2, 1989,	5865
respectively; one to be elected in 1992, term to begin January 4,	5866
1993; two to be elected in 2002, terms to begin January 2, 2003,	5867
and January 3, 2003, respectively; and one to be elected in 2006,	5868
term to begin January 3, 2007;	5869

In Richland county, four judges, one to be elected in 1956,	5870
term to begin January 1, 1957, the second to be elected in 1960,	5871
term to begin February 9, 1961, the third to be elected in 1968,	5872
term to begin January 2, 1969, and the fourth to be elected in	5873
2004, term to begin January 3, 2005;	5874

In Tuscarawas county, two judges, one to be elected in 1956,	5875
term to begin January 1, 1957, and the second to be elected in	5876
1960, term to begin January 2, 1961;	5877

In Wayne county, two judges, one to be elected in 1956, term	5878
beginning January 1, 1957, and one to be elected in 1968, term to	5879
begin January 2, 1969;	5880

In Trumbull county, six judges, one to be elected in 1952,	5881
term to begin January 1, 1953, the second to be elected in 1954,	5882
term to begin January 1, 1955, the third to be elected in 1956,	5883
term to begin January 1, 1957, the fourth to be elected in 1964,	5884
term to begin January 1, 1965, the fifth to be elected in 1976,	5885
term to begin January 2, 1977, and the sixth to be elected in	5886
1994, term to begin January 3, 1995;	5887

(C) In Cuyahoga county, thirty-nine judges; eight to be	5888
elected in 1954, terms to begin on successive days beginning from	5889
January 1, 1955, to January 7, 1955, and February 9, 1955,	5890
respectively; eight to be elected in 1956, terms to begin on	5891
successive days beginning from January 1, 1957, to January 8,	5892
1957; three to be elected in 1952, terms to begin from January 1,	5893
1953, to January 3, 1953; two to be elected in 1960, terms to	5894
begin on January 8, 1961, and January 9, 1961, respectively; two	5895
to be elected in 1964, terms to begin January 4, 1965, and January	5896
5, 1965, respectively; one to be elected in 1966, term to begin on	5897
January 10, 1967; four to be elected in 1968, terms to begin on	5898
successive days beginning from January 9, 1969, to January 12,	5899
1969; two to be elected in 1974, terms to begin on January 18,	5900
1975, and January 19, 1975, respectively; five to be elected in	5901
1976, terms to begin on successive days beginning January 6, 1977,	5902
to January 10, 1977; two to be elected in 1982, terms to begin	5903
January 11, 1983, and January 12, 1983, respectively; and two to	5904
be elected in 1986, terms to begin January 13, 1987, and January	5905
14, 1987, respectively;	5906

In Franklin county, twenty-two judges; two to be elected in	5907
1954, terms to begin January 1, 1955, and February 9, 1955,	5908
respectively; four to be elected in 1956, terms to begin January	5909
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	5910
begin January 1, 1959, to January 4, 1959; three to be elected in	5911
1968, terms to begin January 5, 1969, to January 7, 1969; three to	5912
be elected in 1976, terms to begin on successive days beginning	5913
January 5, 1977, to January 7, 1977; one to be elected in 1982,	5914
term to begin January 8, 1983; one to be elected in 1986, term to	5915
begin January 9, 1987; two to be elected in 1990, terms to begin	5916
July 1, 1991, and July 2, 1991, respectively; one to be elected in	5917
1996, term to begin January 2, 1997; and one to be elected in	5918
2004, term to begin July 1, 2005;	5919

In Hamilton county, twenty-one judges; eight to be elected in	5920
1966, terms to begin January 1, 1967, January 2, 1967, and from	5921
February 9, 1967, to February 14, 1967, respectively; five to be	5922
elected in 1956, terms to begin from January 1, 1957, to January	5923
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	5924
one to be elected in 1974, term to begin January 15, 1975; one to	5925
be elected in 1980, term to begin January 16, 1981; two to be	5926
elected at large in the general election in 1982, terms to begin	5927
April 1, 1983; one to be elected in 1990, term to begin July 1,	5928
1991; and two to be elected in 1996, terms to begin January 3,	5929
1997, and January 4, 1997, respectively;	5930

In Lucas county, fourteen judges; two to be elected in 1954,	5931
terms to begin January 1, 1955, and February 9, 1955,	5932
respectively; two to be elected in 1956, terms to begin January 1,	5933
1957, and October 29, 1957, respectively; two to be elected in	5934
1952, terms to begin January 1, 1953, and January 2, 1953,	5935
respectively; one to be elected in 1964, term to begin January 3,	5936
1965; one to be elected in 1968, term to begin January 4, 1969;	5937
two to be elected in 1976, terms to begin January 4, 1977, and	5938
January 5, 1977, respectively; one to be elected in 1982, term to	5939
begin January 6, 1983; one to be elected in 1988, term to begin	5940
January 7, 1989; one to be elected in 1990, term to begin January	5941
2, 1991; and one to be elected in 1992, term to begin January 2,	5942
1993;	5943

In Mahoning county, seven judges; three to be elected in	5944
1954, terms to begin January 1, 1955, January 2, 1955, and	5945
February 9, 1955, respectively; one to be elected in 1956, term to	5946
begin January 1, 1957; one to be elected in 1952, term to begin	5947
January 1, 1953; one to be elected in 1968, term to begin January	5948
2, 1969; and one to be elected in 1990, term to begin July 1,	5949
1991;	5950

In Montgomery county, fifteen judges; three to be elected in	5951
1954, terms to begin January 1, 1955, January 2, 1955, and January	5952
3, 1955, respectively; four to be elected in 1952, terms to begin	5953
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,	5954
respectively; one to be elected in 1964, term to begin January 3,	5955
1965; one to be elected in 1968, term to begin January 3, 1969;	5956
three to be elected in 1976, terms to begin on successive days	5957
beginning January 4, 1977, to January 6, 1977; two to be elected	5958
in 1990, terms to begin July 1, 1991, and July 2, 1991,	5959
respectively; and one to be elected in 1992, term to begin January	5960
1, 1993.	5961

In Stark county, eight judges; one to be elected in 1958,	5962
term to begin on January 2, 1959; two to be elected in 1954, terms	5963
to begin on January 1, 1955, and February 9, 1955, respectively;	5964
two to be elected in 1952, terms to begin January 1, 1953, and	5965
April 16, 1953, respectively; one to be elected in 1966, term to	5966
begin on January 4, 1967; and two to be elected in 1992, terms to	5967
begin January 1, 1993, and January 2, 1993, respectively;	5968

In Summit county, thirteen judges; four to be elected in	5969
1954, terms to begin January 1, 1955, January 2, 1955, January 3,	5970
1955, and February 9, 1955, respectively; three to be elected in	5971
1958, terms to begin January 1, 1959, January 2, 1959, and May 17,	5972
1959, respectively; one to be elected in 1966, term to begin	5973
January 4, 1967; one to be elected in 1968, term to begin January	5974
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one	5975
to be elected in 1992, term to begin January 6, 1993; and two to	5976
be elected in 2008, terms to begin January 5, 2009, and January 6,	5977
2009, respectively.	5978

Notwithstanding the foregoing provisions, in any county	5979
having two or more judges of the court of common pleas, in which	5980
more than one-third of the judges plus one were previously elected	5981
at the same election, if the office of one of those judges so	5982
elected becomes vacant more than forty days prior to the second	5983
general election preceding the expiration of that judge's term,	5984
the office that that judge had filled shall be abolished as of the	5985
date of the next general election, and a new office of judge of	5986
the court of common pleas shall be created. The judge who is to	5987
fill that new office shall be elected for a six-year term at the	5988
next general election, and the term of that judge shall commence	5989
on the first day of the year following that general election, on	5990
which day no other judge's term begins, so that the number of	5991
judges that the county shall elect shall not be reduced.	5992

Judges of the probate division of the court of common pleas	5993
are judges of the court of common pleas but shall be elected	5994
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	5995
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot	5996
counties in which the judge of the court of common pleas elected	5997
pursuant to this section also shall serve as judge of the probate	5998
division, except in Lorain county in which the judges of the	5999
domestic relations division of the Lorain county court of common	6000
pleas elected pursuant to this section also shall perform the	6001
duties and functions of the judge of the probate division, and	6002
except in Morrow county in which the successors to the judge	6003
judges of the court of common pleas elected in 1956 pursuant to	6004
this section also shall serve asperform the duties and functions	6005
of the judge of the probate division.	6006

Sec. 2305.26.  (A) An action by the state or an agency or	6007
political subdivision of the state to enforce a lien upon real or	6008
personal property created under and by virtue of section 1901.21,	6009
2505.13, 2937.25, 4123.76, 4123.78, 4141.23, 4509.60, or 5719.04	6010
of the Revised Code shall be brought within twelvefifteen years	6011
from the date when the lien or notice of continuation of the lien	6012
has been filed in the office of the county recorder. The	6013
fifteen-year limitation period applies to liens and notices of	6014
continuation of liens filed before, on, or after the effective	6015
date of the amendment of this section by H.B. 699 of the 126th	6016
general assembly.	6017

(B)(1) Except as otherwise provided in division (B)(2) of	6018
this section, beginning February 1, 2007, a notice of continuation	6019
of lien may be filed in the office of the county recorder within	6020
six months prior to the expiration of the twelve-yearfifteen-year	6021
period following the original filing of the lien or the filing of	6022
the notice of continuation of the lien as specified in division	6023
(A) of this section. The notice must identify the original notice	6024
of lien and state that the original lien is still effective. Upon	6025
timely filing of a notice of continuation of lien, the	6026
effectiveness of the original lien is continued for twelvefifteen	6027
years after the last date on which the lien was effective,	6028
whereupon it lapses, unless another notice of continuation of lien	6029
is filed prior to the lapse. Succeeding notices of continuation of	6030
lien may be filed in the same manner to continue the effectiveness	6031
of the original lien.	6032

(2) As used in division (B)(2) of this section, "interim	6033
period" means the period beginning September 26, 2003, and ending	6034
the day before the effective date of Sub. H.B. 390 of the 126th	6035
general assemblySeptember 27, 2006.	6036

Division (B)(2) of this section applies only to liens	6037
enforceable by an action subject to the limitation of division (A)	6038
of this section on September 25, 2003, as this section existed on	6039
that date, and notice of continuation of which would have had to	6040
have been filed under division (B) of this section, as this	6041
section existed on that date, during the interim period if this	6042
section had been in effect during the interim period.	6043

Notice of continuation of such a lien may be filed as	6044
otherwise provided in division (B)(1) of this section, except the	6045
notice shall be filed within six months prior to the expiration of	6046
threefifteen years following the expiration of the six-year	6047
period within which such notice was required to have been filed	6048
under this section as this section existed on September 25, 2003,	6049
or by February 1, 2007, whichever is later.	6050

(C) The recorder shall mark each notice of continuation of	6051
lien with a consecutive file number and with the date of filing	6052
and shall hold the notice open for public inspection. In addition,	6053
the recorder shall index the notices according to the names of the	6054
person against whom they are effective, and shall note in the	6055
index the file numbers of the notices. Except in cases of liens	6056
arising under section 5719.04 of the Revised Code, the recorder	6057
shall mark the record of the original lien "continued" and note	6058
thereon the date on which the notice of continuation of lien was	6059
filed. The recorder may remove a lapsed lien or lapsed notice of	6060
continuation of lien from the file and destroy it. For any	6061
services performed under this section, the county recorder shall	6062
charge and collect the fees set forth in section 317.32 of the	6063
Revised Code.	6064

(D) A notice of continuation of lien must be signed and filed	6065
by the clerk of the court or the magistrate in cases of liens	6066
arising under sections 1901.21, 2505.13, and 2937.25 of the	6067
Revised Code, by the industrial commission in cases of liens	6068
arising under sections 4123.76 and 4123.78 of the Revised Code, by	6069
the director of job and family services in cases of liens arising	6070
under section 4141.23 of the Revised Code, by the registrar of	6071
motor vehicles in cases of liens arising under section 4509.60 of	6072
the Revised Code, and by the county auditor in cases of liens	6073
arising under section 5719.04 of the Revised Code.	6074

Sec. 2329.07. (A)(1) If neither execution on a judgment	6075
rendered in a court of record or certified to the clerk of the	6076
court of common pleas in the county in which the judgment was	6077
rendered is issued, nor a certificate of judgment for obtaining a	6078
lien upon lands and tenements is issued and filed, as provided in	6079
sections 2329.02 and 2329.04 of the Revised Code, within five	6080
years from the date of the judgment or within five years from the	6081
date of the issuance of the last execution thereon or the issuance	6082
and filing of the last such certificate, whichever is later, then,	6083
unless the judgment is in favor of the state, the judgment shall	6084
be dormant and shall not operate as a lien upon the estate of the	6085
judgment debtor.	6086

(2) If the judgment is in favor of the state, the judgment	6087
shall not become dormant and shall not cease to operate as a lien	6088
against the estate of the judgment debtor provided that either	6089
execution on the judgment is issued or a certificate of judgment	6090
is issued and filed, as provided in sections 2329.02 and 2329.04	6091
of the Revised Code, within ten years from the date of the	6092
judgment or within twelvefifteen years from the date of the	6093
issuance of the last execution thereon or the issuance and filing	6094
of the last such certificate, whichever is later, except as	6095
otherwise provided in division (C) of this section. The	6096
fifteen-year limitation period applies to executions issued and	6097
certificates of judgments issued and filed before, on, or after	6098
the effective date of the amendment of this section by ..........	6099
of the 126th general assembly.	6100

(B) If, in any county other than that in which a judgment was	6101
rendered, the judgment has become a lien by reason of the filing,	6102
in the office of the clerk of the court of common pleas of that	6103
county, of a certificate of the judgment as provided in sections	6104
2329.02 and 2329.04 of the Revised Code, and if no execution is	6105
issued for the enforcement of the judgment within that county, or	6106
no further certificate of the judgment is filed in that county,	6107
within five years or, if the judgment is in favor of the state,	6108
within twelvefifteen years from the date of issuance of the last	6109
execution for the enforcement of the judgment within that county	6110
or the date of filing of the last certificate in that county,	6111
whichever is the later, then the judgment shall cease to operate	6112
as a lien upon lands and tenements of the judgment debtor within	6113
that county, except as otherwise provided in division (C) of this	6114
section. The fifteen-year limitation period applies to executions	6115
issued and certificates of judgments issued and filed before, on,	6116
or after the effective date of the amendment of this section by	6117
H.B. 699 of the 126th general assembly.	6118

(C)(1) As used in division (C) of this section, "interim	6119
period" means the period beginning September 26, 2003, and ending	6120
the day before the effective date of Sub. H.B. 390 of the 126th	6121
general assemblySeptember 27, 2006.	6122

(2) Division (C) of this section applies only to judgments in	6123
favor of the state that are subject to this section and to which	6124
both of the following apply:	6125

(a) The first issuance of execution on the judgment, or the	6126
first issuance and filing of the certificate of judgment, was	6127
issued or issued and filed within the ten-year period provided in	6128
this section before the beginning of the interim period;	6129

(b) Subsequent issuance of execution on the judgment or	6130
subsequent issuance and filing of the certificate of judgment	6131
would have been required during the interim period in order to	6132
keep the lien from becoming dormant under this section as this	6133
section existed on September 25, 2003, and as if this section as	6134
it existed on that date had been in effect during the interim	6135
period.	6136

(3) Such a judgment shall not become dormant and shall not	6137
cease to operate as a lien against the estate of the judgment	6138
debtor if either execution on the judgment is issued or a	6139
certificate of judgment is issued and filed, as provided in	6140
sections 2329.02 and 2329.04 of the Revised Code, within three	6141
fifteen years after the expiration of the ten-year period	6142
following issuance of the last execution on the judgment or	6143
following the issuance and filing of the last such certificate,	6144
whichever is later.	6145

Sec. 2701.06. EachThe secretary of state shall transmit	6146
each commission issued by the governor to a judge of the court of	6147
appeals or a judge of the court of common pleas shall be	6148
transmitted by the secretary of state, to the clerk of the court	6149
of common pleas of the county in which suchthat judge resides.	6150
SuchThe clerk shall receive the commission and forthwith transmit	6151
it to the person entitled theretoto it. Within twenty days after	6152
he has received such commission, suchThe person shall take the	6153
oath required byas provided in Section 7 of Article XV, Ohio	6154
Constitution and sections 3.22 and 3.23 of the Revised Code, and	6155
transmit a certificate thereof to such clerk, signed by the	6156
officer administering such oath.	6157

If such certificate is not transmitted to the clerk within	6158
twenty days, the person entitled to receive such commission is	6159
deemed to have refused to accept the office, and such office shall	6160
be considered vacant. The clerk shall forthwith certify the fact	6161
to the governor who shall fill the vacancy.	6162

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

6163

(1) "Alternative public provider" means either of the	6164
following providers that agrees to enroll a child in the	6165
provider's special education program to implement the child's	6166
individualized education program and to which the child's parent	6167
owes fees for the services provided to the child:	6168

(a) A school district that is not the school district in	6169
which the child is entitled to attend school;	6170

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

6171

(2) "Entitled to attend school" means entitled to attend	6172
school in a school district under section 3313.64 or 3313.65 of	6173
the Revised Code.	6174

(2)(3) "Formula ADM" and "category six special education ADM"	6175
have the same meanings as in section 3317.02 of the Revised Code.	6176

(3) "Individualized(4) "Handicapped preschool child" and	6177
"individualized education program" hashave the same meaning	6178
meanings as in section 3323.01 of the Revised Code.	6179

(4)(5) "Parent" has the same meaning as in section 3313.64 of	6180
the Revised Code, except that "parent" does not mean a parent	6181
whose custodial rights have been terminated.	6182

(5)(6) "Preschool scholarship ADM" means the number of	6183
handicapped preschool children reported under division (B)(3)(h)	6184
of section 3317.03 of the Revised Code.	6185

(7) "Qualified special education child" is a child for whom	6186
all of the following conditions apply:	6187

(a) The school district in which the child is entitled to	6188
attend school has identified the child as autistic. A child who	6189
has been identified as having a "pervasive developmental disorder	6190
- not otherwise specified (PPD-NOS)" shall be considered to be an	6191
autistic child for purposes of this section.	6192

(b) The school district in which the child is entitled to	6193
attend school has developed an individualized education program	6194
under Chapter 3323. of the Revised Code for the child.	6195

(c) The child either:

6196

(i) Was enrolled in the school district in which the child is	6197
entitled to attend school in any grade from preschool through	6198
twelve in the school year prior to the year in which a scholarship	6199
under this section is first sought for the child; or	6200

(ii) Is eligible to enter school in any grade preschool	6201
through twelve in the school district in which the child is	6202
entitled to attend school in the school year in which a	6203
scholarship under this section is first sought for the child.	6204

(6)(8) "Registered private provider" means a nonpublic school	6205
or other nonpublic entity that has been approved by the Department	6206
of Education to participate in the program established under this	6207
section.	6208

(B) There is hereby established the Pilot Project Special	6209
Education Scholarship Programautism scholarship program. Under	6210
the program, in fiscal years 2006 and 2007, the Department	6211
department of Educationeducation shall pay a scholarship to the	6212
parent of each qualified special education child upon application	6213
of that parent pursuant to procedures and deadlines established by	6214
rule of the State Boardstate board of Educationeducation. Each	6215
scholarship shall be used only to pay tuition for the child on	6216
whose behalf the scholarship is awarded to attend a special	6217
education program that implements the child's individualized	6218
education program and that is operated by a school district other	6219
than the school district in which the child is entitled to attend	6220
school, by another public entity,an alternative public provider	6221
or by a registered private provider. Each scholarship shall be in	6222
an amount not to exceed the lesser of the tuition charged for the	6223
child by the special education program or twenty thousand dollars.	6224
The purpose of the scholarship is to permit the parent of a	6225
qualified special education child the choice to send the child to	6226
a special education program, instead of the one operated by or for	6227
the school district in which the child is entitled to attend	6228
school, to receive the services prescribed in the child's	6229
individualized education program once the individualized education	6230
program is finalized. A scholarship under this section shall not	6231
be awarded to the parent of a child while the child's	6232
individualized education program is being developed by the school	6233
district in which the child is entitled to attend school, or while	6234
any administrative or judicial mediation or proceedings with	6235
respect to the content of the child's individualized education	6236
program are pending. A scholarship under this section shall not be	6237
used for a child to attend a public special education program that	6238
operates under a contract, compact, or other bilateral agreement	6239
between the school district in which the child is entitled to	6240
attend school and another school district or other public	6241
provider, or for a child to attend a community school established	6242
under Chapter 3314. of the Revised Code. However, nothing in this	6243
section or in any rule adopted by the State Board of Education	6244
state board shall prohibit a parent whose child attends a public	6245
special education program under a contract, compact, or other	6246
bilateral agreement, or a parent whose child attends a community	6247
school, from applying for and accepting a scholarship under this	6248
section so that the parent may withdraw the child from that	6249
program or community school and use the scholarship for the child	6250
to attend a special education program for which the parent is	6251
required to pay for services for the child. A child attending a	6252
special education program with a scholarship under this section	6253
shall continue to be entitled to transportation to and from that	6254
program in the manner prescribed by law.	6255

(C)(1) Notwithstanding anything to the contrary inAs	6256
prescribed in divisions (A)(2)(h), (B)(3)(g), and (B)(10) of	6257
section 3317.03 of the Revised Code, a child who is not a	6258
handicapped preschool child for whom a scholarship is awarded	6259
under this section shall be counted in the formula ADM and the	6260
category six special education ADM of the district in which the	6261
child is entitled to attend school and not in the formula ADM and	6262
the category six special education ADM of any other school	6263
district. As prescribed in divisions (B)(3)(h) and (B)(10) of	6264
section 3317.03 of the Revised Code, a child who is a handicapped	6265
preschool child for whom a scholarship is awarded under this	6266
section shall be counted in the preschool scholarship ADM and	6267
category six special education ADM of the school district in which	6268
the child is entitled to attend school and not in the preschool	6269
scholarship ADM or category six special education ADM of any other	6270
school district.	6271

(2) In each fiscal year, the Departmentdepartment shall	6272
deduct from the amounts paid to each school district under Chapter	6273
3317. of the Revised Code, and, if necessary, sections 321.24 and	6274
323.156 of the Revised Code, the aggregate amount of scholarships	6275
awarded under this section for qualified special education	6276
children included in the formula ADM, or preschool scholarship	6277
ADM, and in the category six special education ADM of that school	6278
district as provided in division (C)(1) of this section. The	6279
scholarships deducted shall be considered as an approved special	6280
education and related services expense for the purpose of the	6281
school district's compliance with division (C)(5) of section	6282
3317.022 of the Revised Code.	6283

(3) From time to time, the Departmentdepartment shall make a	6284
payment to the parent of each qualified special education child	6285
for whom a scholarship has been awarded under this section. The	6286
scholarship amount shall be proportionately reduced in the case of	6287
any such child who is not enrolled in the special education	6288
program for which a scholarship was awarded under this section for	6289
the entire school year. The Departmentdepartment shall make no	6290
payments to the parent of a child while any administrative or	6291
judicial mediation or proceedings with respect to the content of	6292
the child's individualized education program are pending.	6293

(D) A scholarship shall not be paid to a parent for payment	6294
of tuition owed to a nonpublic entity unless that entity is a	6295
registered private provider. The Departmentdepartment shall	6296
approve entities that meet the standards established by rule of	6297
the State Boardstate board for the program established under	6298
this section.	6299

(E) The State Boardstate board shall adopt rules under	6300
Chapter 119. of the Revised Code prescribing procedures necessary	6301
to implement this section, including, but not limited to,	6302
procedures and deadlines for parents to apply for scholarships,	6303
standards for registered private providers, and procedures for	6304
approval of entities as registered private providers. The Board	6305
shall adopt the rules so that the program established under this	6306
section is operational by January 1, 2004.	6307

Sec. 3317.013. ThisExcept for a handicapped preschool child	6308
for whom a scholarship has been awarded under section 3310.41 of	6309
the Revised Code, this section does not apply to handicapped	6310
preschool students.	6311

Analysis of special education cost data has resulted in a	6312
finding that the average special education additional cost per	6313
pupil, including the costs of related services, can be expressed	6314
as a multiple of the base cost per pupil calculated under section	6315
3317.012 of the Revised Code. The multiples for the following	6316
categories of special education programs, as these programs are	6317
defined for purposes of Chapter 3323. of the Revised Code, and	6318
adjusted as provided in this section, are as follows:	6319

(A) A multiple of 0.2892 for students whose primary or only	6320
identified handicap is a speech and language handicap, as this	6321
term is defined pursuant to Chapter 3323. of the Revised Code;	6322

(B) A multiple of 0.3691 for students identified as specific	6323
learning disabled or developmentally handicapped, as these terms	6324
are defined pursuant to Chapter 3323. of the Revised Code, or	6325
other health handicapped-minor;	6326

(C) A multiple of 1.7695 for students identified as hearing	6327
handicapped, vision impaired, or severe behavior handicapped, as	6328
these terms are defined pursuant to Chapter 3323. of the Revised	6329
Code;	6330

(D) A multiple of 2.3646 for students identified as	6331
orthopedically handicapped, as this term is defined pursuant to	6332
Chapter 3323. of the Revised Code or other health handicapped -	6333
major;	6334

(E) A multiple of 3.1129 for students identified as	6335
multihandicapped, as this term is defined pursuant to Chapter	6336
3323. of the Revised Code;	6337

(F) A multiple of 4.7342 for students identified as autistic,	6338
having traumatic brain injuries, or as both visually and hearing	6339
disabled, as these terms are defined pursuant to Chapter 3323. of	6340
the Revised Code.	6341

In fiscal year 2004, the multiples specified in divisions (A)	6342
to (F) of this section shall be adjusted by multiplying them by	6343
0.88. In fiscal years 2005, 2006, and 2007, the multiples	6344
specified in those divisions shall be adjusted by multiplying them	6345
by 0.90.	6346

Not later than the thirtieth day of May in 2004, 2005, 2006,	6347
and 2007, the department shall submit to the office of budget and	6348
management a report that specifies for each city, local, exempted	6349
village, and joint vocational school district the fiscal year	6350
allocation of the state and local shares of special education and	6351
related services additional weighted funding and federal special	6352
education funds passed through to the district.	6353

Sec. 3317.022.  (A) The department of education shall compute	6354
and distribute state base cost funding to each school district for	6355
the fiscal year using the information obtained under section	6356
3317.021 of the Revised Code in the calendar year in which the	6357
fiscal year begins.	6358

(1) Compute the following for each eligible district:

6359

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

6360

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

6361

the sum of the base funding supplements

6362

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

6363

of section 3317.012 of the Revised Code]} -

6364

[.023 x (the sum of recognized valuation

6365

and property exemption value)]

6366

If the difference obtained is a negative number, the	6367
district's computation shall be zero.	6368

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

6369

(a) The difference of (i) the district's fiscal year 2005	6370
base cost payment under the version of division (A)(1) of this	6371
section in effect in fiscal year 2005, minus (ii) the amount	6372
computed for the district for the current fiscal year under	6373
current division (A)(1) of this section;	6374

(b) The following amount:

6375

[(fiscal year 2005 base cost payment/fiscal

6376

year 2005 formula ADM) X

6377

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

6378

the amount computed for the district

6379

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

6380

If one of the amounts computed under division (A)(2)(a) or	6381
(b) of this section is a positive amount, the department shall pay	6382
the district that amount in addition to the amount calculated	6383
under division (A)(1) of this section. If both amounts are	6384
positive amounts, the department shall pay the district the lesser	6385
of the two amounts in addition to the amount calculated under	6386
division (A)(1) of this section.	6387

(3)(a) For each school district for which the tax exempt	6388
value of the district equals or exceeds twenty-five per cent of	6389
the potential value of the district, the department of education	6390
shall calculate the difference between the district's tax exempt	6391
value and twenty-five per cent of the district's potential value.	6392

(b) For each school district to which division (A)(3)(a) of	6393
this section applies, the department shall adjust the recognized	6394
valuation used in the calculation under division (A)(1) of this	6395
section by subtracting from it the amount calculated under	6396
division (A)(3)(a) of this section.	6397

(B) As used in this section:

6398

(1) The "total special education weight" for a district means	6399
the sum of the following amounts:	6400

(a) The district's category one special education ADM	6401
multiplied by the multiple specified in division (A) of section	6402
3317.013 of the Revised Code;	6403

(b) The district's category two special education ADM	6404
multiplied by the multiple specified in division (B) of section	6405
3317.013 of the Revised Code;	6406

(c) The district's category three special education ADM	6407
multiplied by the multiple specified in division (C) of section	6408
3317.013 of the Revised Code;	6409

(d) The district's category four special education ADM	6410
multiplied by the multiple specified in division (D) of section	6411
3317.013 of the Revised Code;	6412

(e) The district's category five special education ADM	6413
multiplied by the multiple specified in division (E) of section	6414
3317.013 of the Revised Code;	6415

(f) The district's category six special education ADM	6416
multiplied by the multiple specified in division (F) of section	6417
3317.013 of the Revised Code.	6418

(2) "State share percentage" means the percentage calculated	6419
for a district as follows:	6420

(a) Calculate the state base cost funding amount for the	6421
district for the fiscal year under division (A) of this section.	6422
If the district would not receive any state base cost funding for	6423
that year under that division, the district's state share	6424
percentage is zero.	6425

(b) If the district would receive state base cost funding	6426
under that division, divide that amount by an amount equal to the	6427
following:	6428

(Cost-of-doing-business factor X

6429

the formula amount X formula ADM) +

6430

the sum of the base funding supplements

6431

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

6432

of section 3317.012 of the Revised Code

6433

The resultant number is the district's state share	6434
percentage.	6435

(3) "Related services" includes:

6436

(a) Child study, special education supervisors and	6437
coordinators, speech and hearing services, adaptive physical	6438
development services, occupational or physical therapy, teacher	6439
assistants for handicapped children whose handicaps are described	6440
in division (B) of section 3317.013 or division (F)(3) of section	6441
3317.02 of the Revised Code, behavioral intervention, interpreter	6442
services, work study, nursing services, and specialized	6443
integrative services as those terms are defined by the department;	6444

(b) Speech and language services provided to any student with	6445
a handicap, including any student whose primary or only handicap	6446
is a speech and language handicap;	6447

(c) Any related service not specifically covered by other	6448
state funds but specified in federal law, including but not	6449
limited to, audiology and school psychological services;	6450

(d) Any service included in units funded under former	6451
division (O)(1) of section 3317.023 of the Revised Code;	6452

(e) Any other related service needed by handicapped children	6453
in accordance with their individualized education plans.	6454

(4) The "total vocational education weight" for a district	6455
means the sum of the following amounts:	6456

(a) The district's category one vocational education ADM	6457
multiplied by the multiple specified in division (A) of section	6458
3317.014 of the Revised Code;	6459

(b) The district's category two vocational education ADM	6460
multiplied by the multiple specified in division (B) of section	6461
3317.014 of the Revised Code.	6462

(5) "Preschool scholarship ADM" means the number of	6463
handicapped preschool children reported under division (B)(3)(h)	6464
of section 3317.03 of the Revised Code.	6465

(C)(1) The department shall compute and distribute state	6466
special education and related services additional weighted costs	6467
funds to each school district in accordance with the following	6468
formula:	6469

The district's state share percentage

6470

X the formula amount for the year

6471

for which the aid is calculated

6472

X the district's total special education weight

6473

(2) The attributed local share of special education and	6474
related services additional weighted costs equals:	6475

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

6476

the district's total special education weight X

6477

the formula amount

6478

(3)(a) The department shall compute and pay in accordance	6479
with this division additional state aid to school districts for	6480
students in categories two through six special education ADM. If a	6481
district's costs for the fiscal year for a student in its	6482
categories two through six special education ADM exceed the	6483
threshold catastrophic cost for serving the student, the district	6484
may submit to the superintendent of public instruction	6485
documentation, as prescribed by the superintendent, of all its	6486
costs for that student. Upon submission of documentation for a	6487
student of the type and in the manner prescribed, the department	6488
shall pay to the district an amount equal to the sum of the	6489
following:	6490

(i) One-half of the district's costs for the student in	6491
excess of the threshold catastrophic cost;	6492

(ii) The product of one-half of the district's costs for the	6493
student in excess of the threshold catastrophic cost multiplied by	6494
the district's state share percentage.	6495

(b) For purposes of division (C)(3)(a) of this section, the	6496
threshold catastrophic cost for serving a student equals:	6497

(i) For a student in the school district's category two,	6498
three, four, or five special education ADM, twenty-five thousand	6499
dollars in fiscal year 2002, twenty-five thousand seven hundred	6500
dollars in fiscal years 2003, 2004, and 2005, and twenty-six	6501
thousand five hundred dollars in fiscal years 2006 and 2007;	6502

(ii) For a student in the district's category six special	6503
education ADM, thirty thousand dollars in fiscal year 2002, thirty	6504
thousand eight hundred forty dollars in fiscal years 2003, 2004,	6505
and 2005, and thirty-one thousand eight hundred dollars in fiscal	6506
years 2006 and 2007.	6507

(c) The district shall only report under division (C)(3)(a)	6508
of this section, and the department shall only pay for, the costs	6509
of educational expenses and the related services provided to the	6510
student in accordance with the student's individualized education	6511
program. Any legal fees, court costs, or other costs associated	6512
with any cause of action relating to the student may not be	6513
included in the amount.	6514

(4)(a) As used in this division, the "personnel allowance"	6515
means thirty thousand dollars in fiscal years 2002, 2003, 2004,	6516
2005, 2006, and 2007.	6517

(b) For the provision of speech language pathology services	6518
to students, including students who do not have individualized	6519
education programs prepared for them under Chapter 3323. of the	6520
Revised Code, and for no other purpose, the department of	6521
education shall pay each school district an amount calculated	6522
under the following formula:	6523

(formula ADM divided by 2000) X

6524

the personnel allowance X

6525

the state share percentage

6526

(5) In any fiscal year, a school district shall spend for	6527
purposes that the department designates as approved for special	6528
education and related services expenses at least the amount	6529
calculated as follows:	6530

(cost-of-doing-business factor X

6531

formula amount X the sum of categories

6532

one through six special education ADM) +

6533

(total special education weight X formula amount)

6534

The purposes approved by the department for special education	6535
expenses shall include, but shall not be limited to,	6536
identification of handicapped children, compliance with state	6537
rules governing the education of handicapped children and	6538
prescribing the continuum of program options for handicapped	6539
children, provision of speech language pathology services, and the	6540
portion of the school district's overall administrative and	6541
overhead costs that are attributable to the district's special	6542
education student population.	6543

The scholarships deducted from the school district's account	6544
under section 3310.41 of the Revised Code shall be considered to	6545
be an approved special education and related services expense for	6546
the purpose of the school district's compliance with division	6547
(C)(5) of this section.	6548

The department shall require school districts to report data	6549
annually to allow for monitoring compliance with division (C)(5)	6550
of this section. The department shall annually report to the	6551
governor and the general assembly the amount of money spent by	6552
each school district for special education and related services.	6553

(6) In any fiscal year, a school district shall spend for the	6554
provision of speech language pathology services not less than the	6555
sum of the amount calculated under division (C)(1) of this section	6556
for the students in the district's category one special education	6557
ADM and the amount calculated under division (C)(4) of this	6558
section.	6559

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

6560

(a) "Daily bus miles per student" equals the number of bus	6561
miles traveled per day, divided by transportation base.	6562

(b) "Transportation base" equals total student count as	6563
defined in section 3301.011 of the Revised Code, minus the number	6564
of students enrolled in preschool handicapped units, plus the	6565
number of nonpublic school students included in transportation	6566
ADM.	6567

(c) "Transported student percentage" equals transportation	6568
ADM divided by transportation base.	6569

(d) "Transportation cost per student" equals total operating	6570
costs for board-owned or contractor-operated school buses divided	6571
by transportation base.	6572

(2) Analysis of student transportation cost data has resulted	6573
in a finding that an average efficient transportation use cost per	6574
student can be calculated by means of a regression formula that	6575
has as its two independent variables the number of daily bus miles	6576
per student and the transported student percentage. For fiscal	6577
year 1998 transportation cost data, the average efficient	6578
transportation use cost per student is expressed as follows:	6579

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

6580

(116.25573 X transported student percentage)

6581

The department of education shall annually determine the	6582
average efficient transportation use cost per student in	6583
accordance with the principles stated in division (D)(2) of this	6584
section, updating the intercept and regression coefficients of the	6585
regression formula modeled in this division, based on an annual	6586
statewide analysis of each school district's daily bus miles per	6587
student, transported student percentage, and transportation cost	6588
per student data. The department shall conduct the annual update	6589
using data, including daily bus miles per student, transported	6590
student percentage, and transportation cost per student data, from	6591
the prior fiscal year. The department shall notify the office of	6592
budget and management of such update by the fifteenth day of	6593
February of each year.	6594

(3) In addition to funds paid under divisions (A), (C), and	6595
(E) of this section, each district with a transported student	6596
percentage greater than zero shall receive a payment equal to a	6597
percentage of the product of the district's transportation base	6598
from the prior fiscal year times the annually updated average	6599
efficient transportation use cost per student, times an inflation	6600
factor of two and eight tenths per cent to account for the	6601
one-year difference between the data used in updating the formula	6602
and calculating the payment and the year in which the payment is	6603
made. The percentage shall be the following percentage of that	6604
product specified for the corresponding fiscal year:	6605

	FISCAL YEAR		PERCENTAGE		6606
	2000		52.5%		6607
	2001		55%		6608
	2002		57.5%		6609
	2003 and thereafter		The greater of 60% or the district's state share percentage		6610

The payments made under division (D)(3) of this section each	6611
year shall be calculated based on all of the same prior year's	6612
data used to update the formula.	6613

(4) In addition to funds paid under divisions (D)(2) and (3)	6614
of this section, a school district shall receive a rough road	6615
subsidy if both of the following apply:	6616

(a) Its county rough road percentage is higher than the	6617
statewide rough road percentage, as those terms are defined in	6618
division (D)(5) of this section;	6619

(b) Its district student density is lower than the statewide	6620
student density, as those terms are defined in that division.	6621

(5) The rough road subsidy paid to each district meeting the	6622
qualifications of division (D)(4) of this section shall be	6623
calculated in accordance with the following formula:	6624

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

6625

density multiplier

6626

where:

6627

(a) "Per rough mile subsidy" equals the amount calculated in	6628
accordance with the following formula:	6629

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

6630

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

6631

statewide rough road percentage)]}

6632

(i) "Maximum rough road percentage" means the highest county	6633
rough road percentage in the state.	6634

(ii) "County rough road percentage" equals the percentage of	6635
the mileage of state, municipal, county, and township roads that	6636
is rated by the department of transportation as type A, B, C, E2,	6637
or F in the county in which the school district is located or, if	6638
the district is located in more than one county, the county to	6639
which it is assigned for purposes of determining its	6640
cost-of-doing-business factor.	6641

(iii) "Statewide rough road percentage" means the percentage	6642
of the statewide total mileage of state, municipal, county, and	6643
township roads that is rated as type A, B, C, E2, or F by the	6644
department of transportation.	6645

(b) "Total rough road miles" means a school district's total	6646
bus miles traveled in one year times its county rough road	6647
percentage.	6648

(c) "Density multiplier" means a figure calculated in	6649
accordance with the following formula:	6650

1 - [(minimum student density - district student

6651

density)/(minimum student density -

6652

statewide student density)]

6653

(i) "Minimum student density" means the lowest district	6654
student density in the state.	6655

(ii) "District student density" means a school district's	6656
transportation base divided by the number of square miles in the	6657
district.	6658

(iii) "Statewide student density" means the sum of the	6659
transportation bases for all school districts divided by the sum	6660
of the square miles in all school districts.	6661

(6) In addition to funds paid under divisions (D)(2) to (5)	6662
of this section, each district shall receive in accordance with	6663
rules adopted by the state board of education a payment for	6664
students transported by means other than board-owned or	6665
contractor-operated buses and whose transportation is not funded	6666
under division (G) of section 3317.024 of the Revised Code. The	6667
rules shall include provisions for school district reporting of	6668
such students.	6669

(E)(1) The department shall compute and distribute state	6670
vocational education additional weighted costs funds to each	6671
school district in accordance with the following formula:	6672

state share percentage X

6673

the formula amount X

6674

total vocational education weight

6675

In any fiscal year, a school district receiving funds under	6676
division (E)(1) of this section shall spend those funds only for	6677
the purposes that the department designates as approved for	6678
vocational education expenses. Vocational educational expenses	6679
approved by the department shall include only expenses connected	6680
to the delivery of career-technical programming to	6681
career-technical students. The department shall require the school	6682
district to report data annually so that the department may	6683
monitor the district's compliance with the requirements regarding	6684
the manner in which funding received under division (E)(1) of this	6685
section may be spent.	6686

(2) The department shall compute for each school district	6687
state funds for vocational education associated services in	6688
accordance with the following formula:	6689

state share percentage X .05 X

6690

the formula amount X the sum of categories one and two

6691

vocational education ADM

6692

In any fiscal year, a school district receiving funds under	6693
division (E)(2) of this section, or through a transfer of funds	6694
pursuant to division (L) of section 3317.023 of the Revised Code,	6695
shall spend those funds only for the purposes that the department	6696
designates as approved for vocational education associated	6697
services expenses, which may include such purposes as	6698
apprenticeship coordinators, coordinators for other vocational	6699
education services, vocational evaluation, and other purposes	6700
designated by the department. The department may deny payment	6701
under division (E)(2) of this section to any district that the	6702
department determines is not operating those services or is using	6703
funds paid under division (E)(2) of this section, or through a	6704
transfer of funds pursuant to division (L) of section 3317.023 of	6705
the Revised Code, for other purposes.	6706

(F) The actual local share in any fiscal year for the	6707
combination of special education and related services additional	6708
weighted costs funding calculated under division (C)(1) of this	6709
section, transportation funding calculated under divisions (D)(2)	6710
and (3) of this section, and vocational education and associated	6711
services additional weighted costs funding calculated under	6712
divisions (E)(1) and (2) of this section shall not exceed for any	6713
school district the product of three and three-tenths mills times	6714
the district's recognized valuation. The department annually shall	6715
pay each school district as an excess cost supplement any amount	6716
by which the sum of the district's attributed local shares for	6717
that funding exceeds that product. For purposes of calculating the	6718
excess cost supplement:	6719

(1) The attributed local share for special education and	6720
related services additional weighted costs funding is the amount	6721
specified in division (C)(2) of this section.	6722

(2) The attributed local share of transportation funding	6723
equals the difference of the total amount calculated for the	6724
district using the formula developed under division (D)(2) of this	6725
section minus the actual amount paid to the district after	6726
applying the percentage specified in division (D)(3) of this	6727
section.	6728

(3) The attributed local share of vocational education and	6729
associated services additional weighted costs funding is the	6730
amount determined as follows:	6731

(1 - state share percentage) X

6732

[(total vocational education weight X

6733

the formula amount) + the payment under

6734

division (E)(2) of this section]

6735

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

6736

(1) "Poverty percentage" means the quotient obtained by	6737
dividing the five-year average number of children ages five to	6738
seventeen residing in the school district and living in a family	6739
receiving assistance under the Ohio works first program or an	6740
antecedent program known as TANF or ADC, as certified or adjusted	6741
under section 3317.10 of the Revised Code, by the district's	6742
three-year average formula ADM.	6743

(2) "Statewide poverty percentage" means the five-year	6744
average of the total number of children ages five to seventeen	6745
years residing in the state and receiving assistance under the	6746
Ohio works first program or an antecedent program known as TANF or	6747
ADC, divided by the sum of the three-year average formula ADMs for	6748
all school districts in the state.	6749

(3) "Poverty index" means the quotient obtained by dividing	6750
the school district's poverty percentage by the statewide poverty	6751
percentage.	6752

(4) "Poverty student count" means the five-year average	6753
number of children ages five to seventeen residing in the school	6754
district and living in a family receiving assistance under the	6755
Ohio works first program or an antecedent program known as TANF or	6756
ADC, as certified under section 3317.10 of the Revised Code.	6757

(5) "Kindergarten ADM" means the number of students reported	6758
under section 3317.03 of the Revised Code as enrolled in	6759
kindergarten, excluding any kindergarten students reported under	6760
division (B)(3)(e) or, (f), or (g) of section 3317.03 of the	6761
Revised Code.	6762

(6) "Kindergarten through third grade ADM" means the amount	6763
calculated as follows:	6764

(a) Multiply the kindergarten ADM by the sum of one plus the	6765
all-day kindergarten percentage;	6766

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

6767

(c) Subtract from the sum calculated under division (A)(6)(b)	6768
of this section the number of special education students in grades	6769
kindergarten through three.	6770

"Kindergarten through third grade ADM" shall not include any	6771
students reported under division (B)(3)(e) or, (f), or (g) of	6772
section 3317.03 of the Revised Code.	6773

(7) "All-day kindergarten" means a kindergarten class that is	6774
in session five days per week for not less than the same number of	6775
clock hours each day as for pupils in grades one through six.	6776

(8) "All-day kindergarten percentage" means the percentage of	6777
a district's actual total number of students enrolled in	6778
kindergarten who are enrolled in all-day kindergarten.	6779

(9) "Buildings with the highest concentration of need" means	6780
the school buildings in a district with percentages of students in	6781
grades kindergarten through three receiving assistance under Ohio	6782
works first at least as high as the district-wide percentage of	6783
students receiving such assistance.	6784

If, in any fiscal year, the information provided by the	6785
department of job and family services under section 3317.10 of the	6786
Revised Code is insufficient to determine the Ohio works first	6787
percentage in each building, "buildings with the highest	6788
concentration of need" has the meaning given in rules that the	6789
department of education shall adopt. The rules shall base the	6790
definition of "buildings with the highest concentration of need"	6791
on family income of students in grades kindergarten through three	6792
in a manner that, to the extent possible with available data,	6793
approximates the intent of this division and division (K) of this	6794
section to designate buildings where the Ohio works first	6795
percentage in those grades equals or exceeds the district-wide	6796
Ohio works first percentage.	6797

(B) In addition to the amounts required to be paid to a	6798
school district under section 3317.022 of the Revised Code, the	6799
department of education shall compute and distribute to each	6800
school district for poverty-based assistance the greater of the	6801
following:	6802

(1) The amount the district received in fiscal year 2005 for	6803
disadvantaged pupil impact aid pursuant to Section 41.10 of Am.	6804
Sub. H.B. 95 of the 125th General Assemblygeneral assembly, as	6805
amended, minus the amount deducted from the district under Section	6806
16 of Am. Sub. S.B. 2 of the 125th General Assemblygeneral	6807
assembly that year for payments to internet- and computer-based	6808
community schools;	6809

(2) The sum of the computations made under divisions (C) to	6810
(I) of this section.	6811

(C) A payment for academic intervention programs, if the	6812
district's poverty index is greater than or equal to 0.25,	6813
calculated as follows:	6814

(1) If the district's poverty index is greater than or equal	6815
to 0.25, calculate the district's level one amount for large-group	6816
academic intervention for all students as follows:	6817

(a) If the district's poverty index is greater than or equal	6818
to 0.25 but less than 0.75:	6819

large-group intervention units X hourly rate X

6820

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

6821

X phase-in percentage

6822

Where:

6823

(i) "Large-group intervention units" equals the district's	6824
formula ADM divided by 20;	6825

(ii) "Hourly rate" equals $20.00 in fiscal year 2006 and	6826
$20.40 in fiscal year 2007;	6827

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

6828

(iv) "Phase-in percentage" equals 0.60 in fiscal year 2006	6829
and 1.00 in fiscal year 2007.	6830

(b) If the district's poverty index is greater than or equal	6831
to 0.75:	6832

large-group intervention units X hourly rate X

6833

level one hours X phase-in percentage

6834

Where "large-group intervention units," "hourly rate," "level	6835
one hours," and "phase-in percentage" have the same meanings as in	6836
division (C)(1)(a) of this section.	6837

(2) If the district's poverty index is greater than or equal	6838
to 0.75, calculate the district's level two amount for	6839
medium-group academic intervention for all students as follows:	6840

(a) If the district's poverty index is greater than or equal	6841
to 0.75 but less than 1.50:	6842

medium-group intervention units X hourly rate

6843

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

6844

X phase-in percentage

6845

Where:

6846

(i) "Medium group intervention units" equals the district's	6847
formula ADM divided by 15;	6848

(ii) "Hourly rate," "level one hours," and "phase-in	6849
percentage" have the same meanings as in division (C)(1)(a) of	6850
this section.	6851

(b) If the district's poverty index is greater than or equal	6852
to 1.50:	6853

medium-group intervention units X hourly rate X

6854

level two hours X phase-in percentage

6855

Where:

6856

(i) "Medium group intervention units" has the same meaning as	6857
in division (C)(2)(a)(i) of this section;	6858

(ii) "Hourly rate" and "phase-in percentage" have the same	6859
meanings as in division (C)(1)(a) of this section;	6860

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

6861

(3) If the district's poverty index is greater than or equal	6862
to 1.50, calculate the district's level three amount for	6863
small-group academic intervention for impoverished students as	6864
follows:	6865

(a) If the district's poverty index is greater than or equal	6866
to 1.50 but less than 2.50:	6867

small group intervention units X hourly rate X

6868

{level one hours + [level three hours X

6869

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

6870

Where:

6871

(i) "Small group intervention units" equals the quotient of	6872
(the district's poverty student count times 3) divided by 10;	6873

(ii) "Hourly rate," "level one hours," and "phase-in	6874
percentage" have the same meanings as in division (C)(1)(a) of	6875
this section;	6876

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

6877

(b) If the district's poverty index is greater than or equal	6878
to 2.50:	6879

small group intervention units X hourly rate

6880

X level three hours X phase-in percentage

6881

Where:

6882

(i) "Small group intervention units" has the same meaning as	6883
in division (C)(3)(a)(i) of this section;	6884

(ii) "Hourly rate" and "phase-in percentage" have the same	6885
meanings as in division (C)(1)(a) of this section;	6886

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

6887

Any district that receives funds under division (C)(2) or (3)	6888
of this section annually shall submit to the department of	6889
education by a date established by the department a plan	6890
describing how the district will deploy those funds. The	6891
deployment measures described in that plan shall comply with any	6892
applicable spending requirements prescribed in division (J)(6) of	6893
this section or with any order issued by the superintendent of	6894
public instruction under section 3317.017 of the Revised Code.	6895

(D) A payment for all-day kindergarten if the poverty index	6896
of the school district is greater than or equal to 1.0 or if the	6897
district's three-year average formula ADM exceeded seventeen	6898
thousand five hundred. In addition, the department shall make a	6899
payment under this division to any school district that, in a	6900
prior fiscal year, qualified for this payment and provided all-day	6901
kindergarten, regardless of changes to the district's poverty	6902
index. The department shall calculate the payment under this	6903
division by multiplying the all-day kindergarten percentage by the	6904
kindergarten ADM and multiplying that product by the formula	6905
amount.	6906

(E) A class-size reduction payment based on calculating the	6907
number of new teachers necessary to achieve a lower	6908
student-teacher ratio, as follows:	6909

(1) Determine or calculate a formula number of teachers per	6910
one thousand students based on the poverty index of the school	6911
district as follows:	6912

(a) If the poverty index of the school district is less than	6913
1.0, the formula number of teachers is 50.0, which is the number	6914
of teachers per one thousand students at a student-teacher ratio	6915
of twenty to one;	6916

(b) If the poverty index of the school district is greater	6917
than or equal to 1.0, but less than 1.5, the formula number of	6918
teachers is calculated as follows:	6919

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

6920

Where 50.0 is the number of teachers per one thousand	6921
students at a student-teacher ratio of twenty to one; 0.5 is the	6922
interval from a poverty index of 1.0 to a poverty index of 1.5;	6923
and 16.667 is the difference in the number of teachers per one	6924
thousand students at a student-teacher ratio of fifteen to one and	6925
the number of teachers per one thousand students at a	6926
student-teacher ratio of twenty to one.	6927

(c) If the poverty index of the school district is greater	6928
than or equal to 1.5, the formula number of teachers is 66.667,	6929
which is the number of teachers per one thousand students at a	6930
student-teacher ratio of fifteen to one.	6931

(2) Multiply the formula number of teachers determined or	6932
calculated in division (E)(1) of this section by the kindergarten	6933
through third grade ADM for the district and divide that product	6934
by one thousand;	6935

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

6936

(a) Multiply the kindergarten through third grade ADM by	6937
50.0, which is the number of teachers per one thousand students at	6938
a student-teacher ratio of twenty to one, and divide that product	6939
by one thousand;	6940

(b) Subtract the quotient obtained in division (E)(3)(a) of	6941
this section from the product in division (E)(2) of this section.	6942

(4) Multiply the greater of the difference obtained under	6943
division (E)(3) of this section or zero by the statewide average	6944
teachers compensation. For this purpose, the "statewide average	6945
teacher compensation" is $53,680 in fiscal year 2006 and $54,941	6946
in fiscal year 2007, which includes an amount for the value of	6947
fringe benefits.	6948

(F) A payment for services to limited English proficient	6949
students, if the district's poverty index is greater than or equal	6950
to 1.0 and the proportion of its students who are limited English	6951
proficient, as reported in 2003 on its school district report	6952
issued under section 3302.03 of the Revised Code for the 2002-2003	6953
school year, is greater than or equal to 2.0%, calculated as	6954
follows:	6955

(1) If the district's poverty index is greater than or equal	6956
to 1.0, but less than 1.75, determine the amount per limited	6957
English proficient student as follows:	6958

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

6959

X formula amount

6960

(2) If the district's poverty index is greater than or equal	6961
to 1.75, the amount per limited English proficient student equals:	6962

0.25 X formula amount

6963

(3) Multiply the per student amount determined for the	6964
district under division (F)(1) or (2) of this section by the	6965
number of the district's limited English proficient students,	6966
times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70	6967
in fiscal year 2007. For purposes of this calculation, the number	6968
of limited English proficient students for each district shall be	6969
the number determined by the department when it calculated the	6970
district's percentage of limited English proficient students for	6971
its school district report card issued in 2003 for the 2002-2003	6972
school year.	6973

Not later than December 31, 2006, the department of education	6974
shall recommend to the general assembly and the director of budget	6975
and management a method of identifying the number of limited	6976
English proficient students for purposes of calculating payments	6977
under this division after fiscal year 2007.	6978

(G) A payment for professional development of teachers, if	6979
the district's poverty index is greater than or equal to 1.0,	6980
calculated as follows:	6981

(1) If the district's poverty index is greater than or equal	6982
to 1.0, but less than 1.75, determine the amount per teacher as	6983
follows:	6984

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

6985

(2) If the district's poverty index is greater than or equal	6986
to 1.75, the amount per teacher equals:	6987

0.045 X formula amount

6988

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

6989

(formula ADM/17)

6990

(4) Multiply the per teacher amount determined for the	6991
district under division (G)(1) or (2) of this section by the	6992
number of teachers determined under division (G)(3) of this	6993
section, times a phase-in percentage of 0.40 in fiscal year 2006	6994
and 0.70 in fiscal year 2007.	6995

(H) A payment for dropout prevention, if the district is a	6996
big eight school district as defined in section 3314.02 of the	6997
Revised Code, calculated as follows:	6998

0.005 X formula amount X poverty index

6999

X formula ADM X phase-in percentage

7000

Where "phase-in percentage" equals 0.40 in fiscal year 2006	7001
and 0.70 in fiscal year 2007.	7002

(I) An amount for community outreach, if the district is an	7003
urban school district as defined in section 3314.02 of the Revised	7004
Code, calculated as follows:	7005

0.005 X formula amount X poverty index X

7006

formula ADM X phase-in percentage

7007

Where "phase-in percentage" equals 0.40 in fiscal year 2006	7008
and 0.70 in fiscal year 2007.	7009

(J) This division applies only to school districts whose	7010
poverty index is 1.0 or greater.	7011

(1) Each school district subject to this division shall first	7012
utilize funds received under this section so that, when combined	7013
with other funds of the district, sufficient funds exist to	7014
provide all-day kindergarten to at least the number of children in	7015
the district's all-day kindergarten percentage. To satisfy this	7016
requirement, a district may use funds paid under division (C),	7017
(F), (G), (H), or (I) of this section to provide all-day	7018
kindergarten in addition to the all-day kindergarten payment under	7019
division (D) of this section.	7020

(2) Except as permitted under division (J)(1) of this	7021
section, each school district shall use its payment under division	7022
(F) of this section for one or more of the following purposes:	7023

(a) To hire teachers for limited English proficient students	7024
or other personnel to provide intervention services for those	7025
students;	7026

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

7027

(c) To provide other services to assist those students in	7028
passing the third-grade reading achievement test, and to provide	7029
for those students the intervention services required by section	7030
3313.608 of the Revised Code.	7031

(3) Except as permitted under division (J)(1) of this	7032
section, each school district shall use its payment under division	7033
(G) of this section for professional development of teachers or	7034
other licensed personnel providing educational services to	7035
students only in one or more of the following areas:	7036

(a) Data-based decision making;

7037

(b) Standards-based curriculum models;

7038

(c) Job-embedded professional development activities that are	7039
research-based, as defined in federal law.	7040

In addition, each district shall use the payment only to	7041
implement programs identified on a list of eligible professional	7042
development programs provided by the department of education. The	7043
department annually shall provide the list to each district	7044
receiving a payment under division (G) of this section. However, a	7045
district may apply to the department for a waiver to implement an	7046
alternative professional development program in one or more of the	7047
areas specified in divisions (J)(3)(a) to (c) of this section. If	7048
the department grants the waiver, the district may use its payment	7049
under division (G) of this section to implement the alternative	7050
program.	7051

(4) Except as permitted under division (J)(1) of this	7052
section, each big eight school district shall use its payment	7053
under division (H) of this section either for preventing at-risk	7054
students from dropping out of school, for safety and security	7055
measures described in division (J)(5)(b) of this section, for	7056
academic intervention services described in division (J)(6) of	7057
this section, or for a combination of those purposes. Not later	7058
than September 1, 2005, the department of education shall provide	7059
each big eight school district with a list of dropout prevention	7060
programs that it has determined are successful. The department	7061
subsequently may update the list. Each district that elects to use	7062
its payment under division (H) of this section for dropout	7063
prevention shall use the payment only to implement a dropout	7064
prevention program specified on the department's list. However, a	7065
district may apply to the department for a waiver to implement an	7066
alternative dropout prevention program. If the department grants	7067
the waiver, the district may use its payment under division (H) of	7068
this section to implement the alternative program.	7069

(5) Except as permitted under division (J)(1) of this	7070
section, each urban school district that has a poverty index	7071
greater than or equal to 1.0 shall use its payment under division	7072
(I) of this section for one or a combination of the following	7073
purposes:	7074

(a) To hire or contract for community liaison officers,	7075
attendance or truant officers, or safety and security personnel;	7076

(b) To implement programs designed to ensure that schools are	7077
free of drugs and violence and have a disciplined environment	7078
conducive to learning;	7079

(c) To implement academic intervention services described in	7080
division (J)(6) of this section.	7081

(6) Except as permitted under division (J)(1) of this	7082
section, each school district with a poverty index greater than or	7083
equal to 1.0 shall use the amount of its payment under division	7084
(C) of this section, and may use any amount of its payment under	7085
division (H) or (I) of this section, for academic intervention	7086
services for students who have failed or are in danger of failing	7087
any of the tests administered pursuant to section 3301.0710 of the	7088
Revised Code, including intervention services required by section	7089
3313.608 of the Revised Code. Except as permitted under division	7090
(J)(1) of this section, no district shall spend any portion of its	7091
payment under division (C) of this section for any other purpose.	7092
Notwithstanding any provision to the contrary in Chapter 4117. of	7093
the Revised Code, no collective bargaining agreement entered into	7094
after June 30, 2005, shall require use of the payment for any	7095
other purpose.	7096

(7) Except as otherwise required by division (K) or permitted	7097
under division (O) of this section, all remaining funds	7098
distributed under this section to districts with a poverty index	7099
greater than or equal to 1.0 shall be utilized for the purpose of	7100
the third grade guarantee. The third grade guarantee consists of	7101
increasing the amount of instructional attention received per	7102
pupil in kindergarten through third grade, either by reducing the	7103
ratio of students to instructional personnel or by increasing the	7104
amount of instruction and curriculum-related activities by	7105
extending the length of the school day or the school year.	7106

School districts may implement a reduction of the ratio of	7107
students to instructional personnel through any or all of the	7108
following methods:	7109

(a) Reducing the number of students in a classroom taught by	7110
a single teacher;	7111

(b) Employing full-time educational aides or educational	7112
paraprofessionals issued a permit or license under section	7113
3319.088 of the Revised Code;	7114

(c) Instituting a team-teaching method that will result in a	7115
lower student-teacher ratio in a classroom.	7116

Districts may extend the school day either by increasing the	7117
amount of time allocated for each class, increasing the number of	7118
classes provided per day, offering optional academic-related	7119
after-school programs, providing curriculum-related extra	7120
curricular activities, or establishing tutoring or remedial	7121
services for students who have demonstrated an educational need.	7122
In accordance with section 3319.089 of the Revised Code, a	7123
district extending the school day pursuant to this division may	7124
utilize a participant of the work experience program who has a	7125
child enrolled in a public school in that district and who is	7126
fulfilling the work requirements of that program by volunteering	7127
or working in that public school. If the work experience program	7128
participant is compensated, the school district may use the funds	7129
distributed under this section for all or part of the	7130
compensation.	7131

Districts may extend the school year either through adding	7132
regular days of instruction to the school calendar or by providing	7133
summer programs.	7134

(K) Each district shall not expend any funds received under	7135
division (E) of this section in any school buildings that are not	7136
buildings with the highest concentration of need, unless there is	7137
a ratio of instructional personnel to students of no more than	7138
fifteen to one in each kindergarten and first grade class in all	7139
buildings with the highest concentration of need. This division	7140
does not require that the funds used in buildings with the highest	7141
concentration of need be spent solely to reduce the ratio of	7142
instructional personnel to students in kindergarten and first	7143
grade. A school district may spend the funds in those buildings in	7144
any manner permitted by division (J)(7) of this section, but may	7145
not spend the money in other buildings unless the fifteen-to-one	7146
ratio required by this division is attained.	7147

(L)(1) By the first day of August of each fiscal year, each	7148
school district wishing to receive any funds under division (D) of	7149
this section shall submit to the department of education an	7150
estimate of its all-day kindergarten percentage. Each district	7151
shall update its estimate throughout the fiscal year in the form	7152
and manner required by the department, and the department shall	7153
adjust payments under this section to reflect the updates.	7154

(2) Annually by the end of December, the department of	7155
education, utilizing data from the information system established	7156
under section 3301.0714 of the Revised Code, shall determine for	7157
each school district subject to division (J) of this section	7158
whether in the preceding fiscal year the district's ratio of	7159
instructional personnel to students and its number of kindergarten	7160
students receiving all-day kindergarten appear reasonable, given	7161
the amounts of money the district received for that fiscal year	7162
pursuant to divisions (D) and (E) of this section. If the	7163
department is unable to verify from the data available that	7164
students are receiving reasonable amounts of instructional	7165
attention and all-day kindergarten, given the funds the district	7166
has received under this section and that class-size reduction	7167
funds are being used in school buildings with the highest	7168
concentration of need as required by division (K) of this section,	7169
the department shall conduct a more intensive investigation to	7170
ensure that funds have been expended as required by this section.	7171
The department shall file an annual report of its findings under	7172
this division with the chairpersons of the committees in each	7173
house of the general assembly dealing with finance and education.	7174

(M)(1) Each school district with a poverty index less than	7175
1.0 that receives a payment under division (D) of this section	7176
shall first utilize funds received under this section so that,	7177
when combined with other funds of the district, sufficient funds	7178
exist to provide all-day kindergarten to at least the number of	7179
children in the district's all-day kindergarten percentage. To	7180
satisfy this requirement, a district may use funds paid under	7181
division (C) or (I) of this section to provide all-day	7182
kindergarten in addition to the all-day kindergarten payment under	7183
division (D) of this section.	7184

(2) Except as permitted under division (M)(1) of this	7185
section, each school district with a poverty index less than 1.0	7186
that receives a payment under division (C) of this section shall	7187
use its payment under that division in accordance with all	7188
requirements of division (J)(6) of this section.	7189

(3) Except as permitted under division (M)(1) of this	7190
section, each school district with a poverty index less than 1.0	7191
that receives a payment under division (I) of this section shall	7192
use its payment under that division for one or a combination of	7193
the following purposes:	7194

(a) To hire or contract for community liaison officers,	7195
attendance or truant officers, or safety and security personnel;	7196

(b) To implement programs designed to ensure that schools are	7197
free of drugs and violence and have a disciplined environment	7198
conducive to learning;	7199

(c) To implement academic intervention services described in	7200
division (J)(6) of this section.	7201

(4) Each school district to which division (M)(1), (2), or	7202
(3) of this section applies shall expend the remaining funds	7203
received under this section, and any other district with a poverty	7204
index less than 1.0 shall expend all funds received under this	7205
section, for any of the following purposes:	7206

(a) The purchase of technology for instructional purposes for	7207
remediation;	7208

(b) All-day kindergarten;

7209

(c) Reduction of class sizes in grades kindergarten through	7210
three, as described in division (J)(7) of this section;	7211

(d) Summer school remediation;

7212

(e) Dropout prevention programs approved by the department of	7213
education under division (J)(4) of this section;	7214

(f) Guaranteeing that all third graders are ready to progress	7215
to more advanced work;	7216

(g) Summer education and work programs;

7217

(h) Adolescent pregnancy programs;

7218

(i) Head start, preschool, early childhood education, or	7219
early learning programs;	7220

(j) Reading improvement and remediation programs described by	7221
the department of education;	7222

(k) Programs designed to ensure that schools are free of	7223
drugs and violence and have a disciplined environment conducive to	7224
learning;	7225

(l) Furnishing, free of charge, materials used in courses of	7226
instruction, except for the necessary textbooks or electronic	7227
textbooks required to be furnished without charge pursuant to	7228
section 3329.06 of the Revised Code, to pupils living in families	7229
participating in Ohio works first in accordance with section	7230
3313.642 of the Revised Code;	7231

(m) School breakfasts provided pursuant to section 3313.813	7232
of the Revised Code.	7233

(N) If at any time the superintendent of public instruction	7234
determines that a school district receiving funds under division	7235
(D) of this section has enrolled less than the all-day	7236
kindergarten percentage reported for that fiscal year, the	7237
superintendent shall withhold from the funds otherwise due the	7238
district under this section a proportional amount as determined by	7239
the difference in the certified all-day kindergarten percentage	7240
and the percentage actually enrolled in all-day kindergarten.	7241

The superintendent shall also withhold an appropriate amount	7242
of funds otherwise due a district for any other misuse of funds	7243
not in accordance with this section.	7244

(O)(1) A district may use a portion of the funds calculated	7245
for it under division (D) of this section to modify or purchase	7246
classroom space to provide all-day kindergarten, if both of the	7247
following conditions are met:	7248

(a) The district certifies to the department, in a manner	7249
acceptable to the department, that it has a shortage of space for	7250
providing all-day kindergarten.	7251

(b) The district provides all-day kindergarten to the number	7252
of children in the all-day kindergarten percentage it certified	7253
under this section.	7254

(2) A district may use a portion of the funds described in	7255
division (J)(7) of this section to modify or purchase classroom	7256
space to enable it to further reduce class size in grades	7257
kindergarten through two with a goal of attaining class sizes of	7258
fifteen students per licensed teacher. To do so, the district must	7259
certify its need for additional space to the department, in a	7260
manner satisfactory to the department.	7261

Sec. 3317.0217.  The department of education shall annually	7262
compute and pay state parity aid to school districts, as follows:	7263

(A) Calculate the local wealth per pupil of each school	7264
district, which equals the following sum:	7265

(1) Two-thirds times the quotient of (a) the district's	7266
recognized valuation divided by (b) its formula ADM; plus	7267

(2) One-third times the quotient of (a) the average of the	7268
total federal adjusted gross income of the school district's	7269
residents for the three years most recently reported under section	7270
3317.021 of the Revised Code divided by (b) its formula ADM.	7271

(B) Rank all school districts in order of local wealth per	7272
pupil, from the district with the lowest local wealth per pupil to	7273
the district with the highest local wealth per pupil.	7274

(C) Compute the per pupil state parity aid funding for each	7275
school district in accordance with the following formula:	7276

(threshold local wealth

7277

per pupil - the district's local

7278

wealth per pupil) X 0.0075

7279

Where:

7280

(1) Seven and one-half mills (0.0075) is an adjustment to the	7281
original parity aid standard of nine and one-half mills, to	7282
account for the general assembly's policy decision to phase-out	7283
use of the cost-of-doing-business factor in the base cost formula.	7284

(2) The "threshold local wealth per pupil" is the local	7285
wealth per pupil of the school district with the	7286
four-hundred-ninetieth lowest local wealth per pupil.	7287

If the result of the calculation for a school district under	7288
division (C) of this section is less than zero, the district's per	7289
pupil parity aid shall be zero.	7290

(D) Compute the per pupil alternative parity aid for each	7291
school district that has a combination of an income factor of 1.0	7292
or less, a poverty index of 1.0 or greater, and a fiscal year 2005	7293
cost-of-doing-business factor of 1.0375 or greater, in accordance	7294
with the following formula:	7295

Payment percentage X $60,000 X

7296

(1 - income factor) X 4/15 X 0.023

7297

Where:

7298

(1) "Poverty index" has the same meaning as in section	7299
3317.029 of the Revised Code.	7300

(2) "Payment percentage," for purposes of division (D) of	7301
this section, equals 50% in fiscal year 2002 and 100% after fiscal	7302
year 2002.	7303

(E) Pay each district that has a combination of an income	7304
factor of 1.0 or less, a poverty index of 1.0 or greater, and a	7305
fiscal year 2005 cost-of-doing-business factor of 1.0375 or	7306
greater, the greater of the following:	7307

(1) The product of the district's per pupil parity aid	7308
calculated under division (C) of this section times its net	7309
formula ADM;	7310

(2) The product of its per pupil alternative parity aid	7311
calculated under division (D) of this section times its net	7312
formula ADM.	7313

(F) Pay every other district the product of its per pupil	7314
parity aid calculated under division (C) of this section times its	7315
net formula ADM.	7316

(G) As used in divisions (E) and (F) of this section, "net	7317
formula ADM" means formula ADM minus the number of internet- and	7318
computer-based community school students and scholarship students	7319
reported under divisions (B)(3)(e) and, (f), and (g) of section	7320
3317.03 of the Revised Code.	7321

Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1), and	7322
(C) of this section, except as provided in division (A)(2)(h) of	7323
this section, any student enrolled in kindergarten more than half	7324
time shall be reported as one-half student under this section.	7325

(A) The superintendent of each city and exempted village	7326
school district and of each educational service center shall, for	7327
the schools under the superintendent's supervision, certify to the	7328
state board of education on or before the fifteenth day of October	7329
in each year for the first full school week in October the formula	7330
ADM. Beginning in fiscal year 2007, each superintendent also shall	7331
certify to the state board, for the schools under the	7332
superintendent's supervision, the formula ADM for the first full	7333
week in February. If a school under the superintendent's	7334
supervision is closed for one or more days during that week due to	7335
hazardous weather conditions or other circumstances described in	7336
the first paragraph of division (B) of section 3317.01 of the	7337
Revised Code, the superintendent may apply to the superintendent	7338
of public instruction for a waiver, under which the superintendent	7339
of public instruction may exempt the district superintendent from	7340
certifying the formula ADM for that school for that week and	7341
specify an alternate week for certifying the formula ADM of that	7342
school.	7343

The formula ADM shall consist of the average daily membership	7344
during such week of the sum of the following:	7345

(1) On an FTE basis, the number of students in grades	7346
kindergarten through twelve receiving any educational services	7347
from the district, except that the following categories of	7348
students shall not be included in the determination:	7349

(a) Students enrolled in adult education classes;

7350

(b) Adjacent or other district students enrolled in the	7351
district under an open enrollment policy pursuant to section	7352
3313.98 of the Revised Code;	7353

(c) Students receiving services in the district pursuant to a	7354
compact, cooperative education agreement, or a contract, but who	7355
are entitled to attend school in another district pursuant to	7356
section 3313.64 or 3313.65 of the Revised Code;	7357

(d) Students for whom tuition is payable pursuant to sections	7358
3317.081 and 3323.141 of the Revised Code;	7359

(e) Students receiving services in the district through a	7360
scholarship awarded under section 3310.41 of the Revised Code.	7361

(2) On an FTE basis, except as provided in division (A)(2)(h)	7362
of this section, the number of students entitled to attend school	7363
in the district pursuant to section 3313.64 or 3313.65 of the	7364
Revised Code, but receiving educational services in grades	7365
kindergarten through twelve from one or more of the following	7366
entities:	7367

(a) A community school pursuant to Chapter 3314. of the	7368
Revised Code, including any participation in a college pursuant to	7369
Chapter 3365. of the Revised Code while enrolled in such community	7370
school;	7371

(b) An alternative school pursuant to sections 3313.974 to	7372
3313.979 of the Revised Code as described in division (I)(2)(a) or	7373
(b) of this section;	7374

(c) A college pursuant to Chapter 3365. of the Revised Code,	7375
except when the student is enrolled in the college while also	7376
enrolled in a community school pursuant to Chapter 3314. of the	7377
Revised Code;	7378

(d) An adjacent or other school district under an open	7379
enrollment policy adopted pursuant to section 3313.98 of the	7380
Revised Code;	7381

(e) An educational service center or cooperative education	7382
district;	7383

(f) Another school district under a cooperative education	7384
agreement, compact, or contract;	7385

(g) A chartered nonpublic school with a scholarship paid	7386
under section 3310.08 of the Revised Code;	7387

(h) An alternative public provider or a registered private	7388
provider with a scholarship awarded under section 3310.41 of the	7389
Revised Code. Each such scholarship student who is enrolled in	7390
kindergarten shall be counted as one full-time-equivalent student.	7391

As used in this section, "alternative public provider" and	7392
"registered private provider" have the same meanings as in section	7393
3310.41 of the Revised Code.	7394

(3) Twenty per cent of the number of students enrolled in a	7395
joint vocational school district or under a vocational education	7396
compact, excluding any students entitled to attend school in the	7397
district under section 3313.64 or 3313.65 of the Revised Code who	7398
are enrolled in another school district through an open enrollment	7399
policy as reported under division (A)(2)(d) of this section and	7400
then enroll in a joint vocational school district or under a	7401
vocational education compact;	7402

(4) The number of handicapped children, other than	7403
handicapped preschool children, entitled to attend school in the	7404
district pursuant to section 3313.64 or 3313.65 of the Revised	7405
Code who are placed by the district with a county MR/DD board,	7406
minus the number of such children placed with a county MR/DD board	7407
in fiscal year 1998. If this calculation produces a negative	7408
number, the number reported under division (A)(4) of this section	7409
shall be zero.	7410

(5) Beginning in fiscal year 2007, in the case of the report	7411
submitted for the first full week in February, or the alternative	7412
week if specified by the superintendent of public instruction, the	7413
number of students reported under division (A)(1) or (2) of this	7414
section for the first full week of the preceding October but who	7415
since that week have received high school diplomas.	7416

(B) To enable the department of education to obtain the data	7417
needed to complete the calculation of payments pursuant to this	7418
chapter, in addition to the formula ADM, each superintendent shall	7419
report separately the following student counts for the same week	7420
for which formula ADM is certified:	7421

(1) The total average daily membership in regular day classes	7422
included in the report under division (A)(1) or (2) of this	7423
section for kindergarten, and each of grades one through twelve in	7424
schools under the superintendent's supervision;	7425

(2) The number of all handicapped preschool children enrolled	7426
as of the first day of December in classes in the district that	7427
are eligible for approval under division (B) of section 3317.05	7428
of the Revised Code and the number of those classes, which shall	7429
be reported not later than the fifteenth day of December, in	7430
accordance with rules adopted under that section;	7431

(3) The number of children entitled to attend school in the	7432
district pursuant to section 3313.64 or 3313.65 of the Revised	7433
Code who are:	7434

(a) Participating in a pilot project scholarship program	7435
established under sections 3313.974 to 3313.979 of the Revised	7436
Code as described in division (I)(2)(a) or (b) of this section;	7437

(b) Enrolled in a college under Chapter 3365. of the Revised	7438
Code, except when the student is enrolled in the college while	7439
also enrolled in a community school pursuant to Chapter 3314. of	7440
the Revised Code;	7441

(c) Enrolled in an adjacent or other school district under	7442
section 3313.98 of the Revised Code;	7443

(d) Enrolled in a community school established under Chapter	7444
3314. of the Revised Code that is not an internet- or	7445
computer-based community school as defined in section 3314.02 of	7446
the Revised Code, including any participation in a college	7447
pursuant to Chapter 3365. of the Revised Code while enrolled in	7448
such community school;	7449

(e) Enrolled in an internet- or computer-based community	7450
school, as defined in section 3314.02 of the Revised Code,	7451
including any participation in a college pursuant to Chapter 3365.	7452
of the Revised Code while enrolled in the school;	7453

(f) Enrolled in a chartered nonpublic school with a	7454
scholarship paid under section 3310.08 of the Revised Code;	7455

(g) Enrolled in kindergarten through grade twelve in an	7456
alternative public provider or a registered private provider with	7457
a scholarship awarded under section 3310.41 of the Revised Code;	7458

(h) Enrolled as a handicapped preschool child in an	7459
alternative public provider or a registered private provider with	7460
a scholarship awarded under section 3310.41 of the Revised Code;	7461

(i) Participating in a program operated by a county MR/DD	7462
board or a state institution.	7463

(4) The number of pupils enrolled in joint vocational	7464
schools;	7465

(5) The average daily membership of handicapped children	7466
reported under division (A)(1) or (2) of this section receiving	7467
special education services for the category one handicap described	7468
in division (A) of section 3317.013 of the Revised Code;	7469

(6) The average daily membership of handicapped children	7470
reported under division (A)(1) or (2) of this section receiving	7471
special education services for category two handicaps described in	7472
division (B) of section 3317.013 of the Revised Code;	7473

(7) The average daily membership of handicapped children	7474
reported under division (A)(1) or (2) of this section receiving	7475
special education services for category three handicaps described	7476
in division (C) of section 3317.013 of the Revised Code;	7477

(8) The average daily membership of handicapped children	7478
reported under division (A)(1) or (2) of this section receiving	7479
special education services for category four handicaps described	7480
in division (D) of section 3317.013 of the Revised Code;	7481

(9) The average daily membership of handicapped children	7482
reported under division (A)(1) or (2) of this section receiving	7483
special education services for the category five handicap	7484
described in division (E) of section 3317.013 of the Revised Code;	7485

(10) The combined average daily membership of handicapped	7486
children reported under division (A)(1) or (2) and under division	7487
(B)(3)(h) of this section receiving special education services for	7488
category six handicaps described in division (F) of section	7489
3317.013 of the Revised Code, including children attending a	7490
special education program operated by an alternative public	7491
provider or a registered private provider with a scholarship	7492
awarded under section 3310.41 of the Revised Code;	7493

(11) The average daily membership of pupils reported under	7494
division (A)(1) or (2) of this section enrolled in category one	7495
vocational education programs or classes, described in division	7496
(A) of section 3317.014 of the Revised Code, operated by the	7497
school district or by another district, other than a joint	7498
vocational school district, or by an educational service center,	7499
excluding any student reported under division (B)(3)(e) of this	7500
section as enrolled in an internet- or computer-based community	7501
school, notwithstanding division (C) of section 3317.02 of the	7502
Revised Code and division (C)(3) of this section;	7503

(12) The average daily membership of pupils reported under	7504
division (A)(1) or (2) of this section enrolled in category two	7505
vocational education programs or services, described in division	7506
(B) of section 3317.014 of the Revised Code, operated by the	7507
school district or another school district, other than a joint	7508
vocational school district, or by an educational service center,	7509
excluding any student reported under division (B)(3)(e) of this	7510
section as enrolled in an internet- or computer-based community	7511
school, notwithstanding division (C) of section 3317.02 of the	7512
Revised Code and division (C)(3) of this section;	7513

(13) The average number of children transported by the school	7514
district on board-owned or contractor-owned and -operated buses,	7515
reported in accordance with rules adopted by the department of	7516
education;	7517

(14)(a) The number of children, other than handicapped	7518
preschool children, the district placed with a county MR/DD board	7519
in fiscal year 1998;	7520

(b) The number of handicapped children, other than	7521
handicapped preschool children, placed with a county MR/DD board	7522
in the current fiscal year to receive special education services	7523
for the category one handicap described in division (A) of section	7524
3317.013 of the Revised Code;	7525

(c) The number of handicapped children, other than	7526
handicapped preschool children, placed with a county MR/DD board	7527
in the current fiscal year to receive special education services	7528
for category two handicaps described in division (B) of section	7529
3317.013 of the Revised Code;	7530

(d) The number of handicapped children, other than	7531
handicapped preschool children, placed with a county MR/DD board	7532
in the current fiscal year to receive special education services	7533
for category three handicaps described in division (C) of section	7534
3317.013 of the Revised Code;	7535

(e) The number of handicapped children, other than	7536
handicapped preschool children, placed with a county MR/DD board	7537
in the current fiscal year to receive special education services	7538
for category four handicaps described in division (D) of section	7539
3317.013 of the Revised Code;	7540

(f) The number of handicapped children, other than	7541
handicapped preschool children, placed with a county MR/DD board	7542
in the current fiscal year to receive special education services	7543
for the category five handicap described in division (E) of	7544
section 3317.013 of the Revised Code;	7545

(g) The number of handicapped children, other than	7546
handicapped preschool children, placed with a county MR/DD board	7547
in the current fiscal year to receive special education services	7548
for category six handicaps described in division (F) of section	7549
3317.013 of the Revised Code.	7550

(C)(1) Except as otherwise provided in this section for	7551
kindergarten students, the average daily membership in divisions	7552
(B)(1) to (12) of this section shall be based upon the number of	7553
full-time equivalent students. The state board of education shall	7554
adopt rules defining full-time equivalent students and for	7555
determining the average daily membership therefrom for the	7556
purposes of divisions (A), (B), and (D) of this section.	7557

(2) A student enrolled in a community school established	7558
under Chapter 3314. of the Revised Code shall be counted in the	7559
formula ADM and, if applicable, the category one, two, three,	7560
four, five, or six special education ADM of the school district in	7561
which the student is entitled to attend school under section	7562
3313.64 or 3313.65 of the Revised Code for the same proportion of	7563
the school year that the student is counted in the enrollment of	7564
the community school for purposes of section 3314.08 of the	7565
Revised Code.	7566

(3) No child shall be counted as more than a total of one	7567
child in the sum of the average daily memberships of a school	7568
district under division (A), divisions (B)(1) to (12), or division	7569
(D) of this section, except as follows:	7570

(a) A child with a handicap described in section 3317.013 of	7571
the Revised Code may be counted both in formula ADM and in	7572
category one, two, three, four, five, or six special education ADM	7573
and, if applicable, in category one or two vocational education	7574
ADM. As provided in division (C) of section 3317.02 of the Revised	7575
Code, such a child shall be counted in category one, two, three,	7576
four, five, or six special education ADM in the same proportion	7577
that the child is counted in formula ADM.	7578

(b) A child enrolled in vocational education programs or	7579
classes described in section 3317.014 of the Revised Code may be	7580
counted both in formula ADM and category one or two vocational	7581
education ADM and, if applicable, in category one, two, three,	7582
four, five, or six special education ADM. Such a child shall be	7583
counted in category one or two vocational education ADM in the	7584
same proportion as the percentage of time that the child spends in	7585
the vocational education programs or classes.	7586

(4) Based on the information reported under this section, the	7587
department of education shall determine the total student count,	7588
as defined in section 3301.011 of the Revised Code, for each	7589
school district.	7590

(D)(1) The superintendent of each joint vocational school	7591
district shall certify to the superintendent of public instruction	7592
on or before the fifteenth day of October in each year for the	7593
first full school week in October the formula ADM. Beginning in	7594
fiscal year 2007, each superintendent also shall certify to the	7595
state superintendent the formula ADM for the first full week in	7596
February. If a school operated by the joint vocational school	7597
district is closed for one or more days during that week due to	7598
hazardous weather conditions or other circumstances described in	7599
the first paragraph of division (B) of section 3317.01 of the	7600
Revised Code, the superintendent may apply to the superintendent	7601
of public instruction for a waiver, under which the superintendent	7602
of public instruction may exempt the district superintendent from	7603
certifying the formula ADM for that school for that week and	7604
specify an alternate week for certifying the formula ADM of that	7605
school.	7606

The formula ADM, except as otherwise provided in this	7607
division, shall consist of the average daily membership during	7608
such week, on an FTE basis, of the number of students receiving	7609
any educational services from the district, including students	7610
enrolled in a community school established under Chapter 3314. of	7611
the Revised Code who are attending the joint vocational district	7612
under an agreement between the district board of education and the	7613
governing authority of the community school and are entitled to	7614
attend school in a city, local, or exempted village school	7615
district whose territory is part of the territory of the joint	7616
vocational district. Beginning in fiscal year 2007, in the case of	7617
the report submitted for the first week in February, or the	7618
alternative week if specified by the superintendent of public	7619
instruction, the superintendent of the joint vocational school	7620
district may include the number of students reported under	7621
division (D)(1) of this section for the first full week of the	7622
preceding October but who since that week have received high	7623
school diplomas.	7624

The following categories of students shall not be included in	7625
the determination made under division (D)(1) of this section:	7626

(a) Students enrolled in adult education classes;

7627

(b) Adjacent or other district joint vocational students	7628
enrolled in the district under an open enrollment policy pursuant	7629
to section 3313.98 of the Revised Code;	7630

(c) Students receiving services in the district pursuant to a	7631
compact, cooperative education agreement, or a contract, but who	7632
are entitled to attend school in a city, local, or exempted	7633
village school district whose territory is not part of the	7634
territory of the joint vocational district;	7635

(d) Students for whom tuition is payable pursuant to sections	7636
3317.081 and 3323.141 of the Revised Code.	7637

(2) To enable the department of education to obtain the data	7638
needed to complete the calculation of payments pursuant to this	7639
chapter, in addition to the formula ADM, each superintendent shall	7640
report separately the average daily membership included in the	7641
report under division (D)(1) of this section for each of the	7642
following categories of students for the same week for which	7643
formula ADM is certified:	7644

(a) Students enrolled in each grade included in the joint	7645
vocational district schools;	7646

(b) Handicapped children receiving special education services	7647
for the category one handicap described in division (A) of section	7648
3317.013 of the Revised Code;	7649

(c) Handicapped children receiving special education services	7650
for the category two handicaps described in division (B) of	7651
section 3317.013 of the Revised Code;	7652

(d) Handicapped children receiving special education services	7653
for category three handicaps described in division (C) of section	7654
3317.013 of the Revised Code;	7655

(e) Handicapped children receiving special education services	7656
for category four handicaps described in division (D) of section	7657
3317.013 of the Revised Code;	7658

(f) Handicapped children receiving special education services	7659
for the category five handicap described in division (E) of	7660
section 3317.013 of the Revised Code;	7661

(g) Handicapped children receiving special education services	7662
for category six handicaps described in division (F) of section	7663
3317.013 of the Revised Code;	7664

(h) Students receiving category one vocational education	7665
services, described in division (A) of section 3317.014 of the	7666
Revised Code;	7667

(i) Students receiving category two vocational education	7668
services, described in division (B) of section 3317.014 of the	7669
Revised Code.	7670

The superintendent of each joint vocational school district	7671
shall also indicate the city, local, or exempted village school	7672
district in which each joint vocational district pupil is entitled	7673
to attend school pursuant to section 3313.64 or 3313.65 of the	7674
Revised Code.	7675

(E) In each school of each city, local, exempted village,	7676
joint vocational, and cooperative education school district there	7677
shall be maintained a record of school membership, which record	7678
shall accurately show, for each day the school is in session, the	7679
actual membership enrolled in regular day classes. For the purpose	7680
of determining average daily membership, the membership figure of	7681
any school shall not include any pupils except those pupils	7682
described by division (A) of this section. The record of	7683
membership for each school shall be maintained in such manner that	7684
no pupil shall be counted as in membership prior to the actual	7685
date of entry in the school and also in such manner that where for	7686
any cause a pupil permanently withdraws from the school that pupil	7687
shall not be counted as in membership from and after the date of	7688
such withdrawal. There shall not be included in the membership of	7689
any school any of the following:	7690

(1) Any pupil who has graduated from the twelfth grade of a	7691
public or nonpublic high school;	7692

(2) Any pupil who is not a resident of the state;

7693

(3) Any pupil who was enrolled in the schools of the district	7694
during the previous school year when tests were administered under	7695
section 3301.0711 of the Revised Code but did not take one or more	7696
of the tests required by that section and was not excused pursuant	7697
to division (C)(1) or (3) of that section;	7698

(4) Any pupil who has attained the age of twenty-two years,	7699
except for veterans of the armed services whose attendance was	7700
interrupted before completing the recognized twelve-year course of	7701
the public schools by reason of induction or enlistment in the	7702
armed forces and who apply for reenrollment in the public school	7703
system of their residence not later than four years after	7704
termination of war or their honorable discharge.	7705

If, however, any veteran described by division (E)(4) of this	7706
section elects to enroll in special courses organized for veterans	7707
for whom tuition is paid under the provisions of federal laws, or	7708
otherwise, that veteran shall not be included in average daily	7709
membership.	7710

Notwithstanding division (E)(3) of this section, the	7711
membership of any school may include a pupil who did not take a	7712
test required by section 3301.0711 of the Revised Code if the	7713
superintendent of public instruction grants a waiver from the	7714
requirement to take the test to the specific pupil and a parent is	7715
not paying tuition for the pupil pursuant to section 3313.6410 of	7716
the Revised Code. The superintendent may grant such a waiver only	7717
for good cause in accordance with rules adopted by the state board	7718
of education.	7719

Except as provided in divisions (B)(2) and (F) of this	7720
section, the average daily membership figure of any local, city,	7721
exempted village, or joint vocational school district shall be	7722
determined by dividing the figure representing the sum of the	7723
number of pupils enrolled during each day the school of attendance	7724
is actually open for instruction during the week for which the	7725
formula ADM is being certified by the total number of days the	7726
school was actually open for instruction during that week. For	7727
purposes of state funding, "enrolled" persons are only those	7728
pupils who are attending school, those who have attended school	7729
during the current school year and are absent for authorized	7730
reasons, and those handicapped children currently receiving home	7731
instruction.	7732

The average daily membership figure of any cooperative	7733
education school district shall be determined in accordance with	7734
rules adopted by the state board of education.	7735

(F)(1) If the formula ADM for the first full school week in	7736
February is at least three per cent greater than that certified	7737
for the first full school week in the preceding October, the	7738
superintendent of schools of any city, exempted village, or joint	7739
vocational school district or educational service center shall	7740
certify such increase to the superintendent of public instruction.	7741
Such certification shall be submitted no later than the fifteenth	7742
day of February. For the balance of the fiscal year, beginning	7743
with the February payments, the superintendent of public	7744
instruction shall use the increased formula ADM in calculating or	7745
recalculating the amounts to be allocated in accordance with	7746
section 3317.022 or 3317.16 of the Revised Code. In no event shall	7747
the superintendent use an increased membership certified to the	7748
superintendent after the fifteenth day of February. Division	7749
(F)(1) of this section does not apply after fiscal year 2006.	7750

(2) If on the first school day of April the total number of	7751
classes or units for handicapped preschool children that are	7752
eligible for approval under division (B) of section 3317.05 of the	7753
Revised Code exceeds the number of units that have been approved	7754
for the year under that division, the superintendent of schools of	7755
any city, exempted village, or cooperative education school	7756
district or educational service center shall make the	7757
certifications required by this section for that day. If the	7758
department determines additional units can be approved for the	7759
fiscal year within any limitations set forth in the acts	7760
appropriating moneys for the funding of such units, the department	7761
shall approve additional units for the fiscal year on the basis of	7762
such average daily membership. For each unit so approved, the	7763
department shall pay an amount computed in the manner prescribed	7764
in section 3317.052 or 3317.19 and section 3317.053 of the Revised	7765
Code.	7766

(3) If a student attending a community school under Chapter	7767
3314. of the Revised Code is not included in the formula ADM	7768
certified for the school district in which the student is entitled	7769
to attend school under section 3313.64 or 3313.65 of the Revised	7770
Code, the department of education shall adjust the formula ADM of	7771
that school district to include the community school student in	7772
accordance with division (C)(2) of this section, and shall	7773
recalculate the school district's payments under this chapter for	7774
the entire fiscal year on the basis of that adjusted formula ADM.	7775
This requirement applies regardless of whether the student was	7776
enrolled, as defined in division (E) of this section, in the	7777
community school during the first full school week in October.	7778

(G)(1)(a) The superintendent of an institution operating a	7779
special education program pursuant to section 3323.091 of the	7780
Revised Code shall, for the programs under such superintendent's	7781
supervision, certify to the state board of education, in the	7782
manner prescribed by the superintendent of public instruction,	7783
both of the following:	7784

(i) The average daily membership of all handicapped children	7785
other than handicapped preschool children receiving services at	7786
the institution for each category of handicap described in	7787
divisions (A) to (F) of section 3317.013 of the Revised Code;	7788

(ii) The average daily membership of all handicapped	7789
preschool children in classes or programs approved annually by the	7790
department of education for unit funding under section 3317.05 of	7791
the Revised Code.	7792

(b) The superintendent of an institution with vocational	7793
education units approved under division (A) of section 3317.05 of	7794
the Revised Code shall, for the units under the superintendent's	7795
supervision, certify to the state board of education the average	7796
daily membership in those units, in the manner prescribed by the	7797
superintendent of public instruction.	7798

(2) The superintendent of each county MR/DD board that	7799
maintains special education classes under section 3317.20 of the	7800
Revised Code or units approved pursuant to section 3317.05 of the	7801
Revised Code shall do both of the following:	7802

(a) Certify to the state board, in the manner prescribed by	7803
the board, the average daily membership in classes under section	7804
3317.20 of the Revised Code for each school district that has	7805
placed children in the classes;	7806

(b) Certify to the state board, in the manner prescribed by	7807
the board, the number of all handicapped preschool children	7808
enrolled as of the first day of December in classes eligible for	7809
approval under division (B) of section 3317.05 of the Revised	7810
Code, and the number of those classes.	7811

(3)(a) If on the first school day of April the number of	7812
classes or units maintained for handicapped preschool children by	7813
the county MR/DD board that are eligible for approval under	7814
division (B) of section 3317.05 of the Revised Code is greater	7815
than the number of units approved for the year under that	7816
division, the superintendent shall make the certification required	7817
by this section for that day.	7818

(b) If the department determines that additional classes or	7819
units can be approved for the fiscal year within any limitations	7820
set forth in the acts appropriating moneys for the funding of the	7821
classes and units described in division (G)(3)(a) of this section,	7822
the department shall approve and fund additional units for the	7823
fiscal year on the basis of such average daily membership. For	7824
each unit so approved, the department shall pay an amount computed	7825
in the manner prescribed in sections 3317.052 and 3317.053 of the	7826
Revised Code.	7827

(H) Except as provided in division (I) of this section, when	7828
any city, local, or exempted village school district provides	7829
instruction for a nonresident pupil whose attendance is	7830
unauthorized attendance as defined in section 3327.06 of the	7831
Revised Code, that pupil's membership shall not be included in	7832
that district's membership figure used in the calculation of that	7833
district's formula ADM or included in the determination of any	7834
unit approved for the district under section 3317.05 of the	7835
Revised Code. The reporting official shall report separately the	7836
average daily membership of all pupils whose attendance in the	7837
district is unauthorized attendance, and the membership of each	7838
such pupil shall be credited to the school district in which the	7839
pupil is entitled to attend school under division (B) of section	7840
3313.64 or section 3313.65 of the Revised Code as determined by	7841
the department of education.	7842

(I)(1) A city, local, exempted village, or joint vocational	7843
school district admitting a scholarship student of a pilot project	7844
district pursuant to division (C) of section 3313.976 of the	7845
Revised Code may count such student in its average daily	7846
membership.	7847

(2) In any year for which funds are appropriated for pilot	7848
project scholarship programs, a school district implementing a	7849
state-sponsored pilot project scholarship program that year	7850
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	7851
count in average daily membership:	7852

(a) All children residing in the district and utilizing a	7853
scholarship to attend kindergarten in any alternative school, as	7854
defined in section 3313.974 of the Revised Code;	7855

(b) All children who were enrolled in the district in the	7856
preceding year who are utilizing a scholarship to attend any such	7857
alternative school.	7858

(J) The superintendent of each cooperative education school	7859
district shall certify to the superintendent of public	7860
instruction, in a manner prescribed by the state board of	7861
education, the applicable average daily memberships for all	7862
students in the cooperative education district, also indicating	7863
the city, local, or exempted village district where each pupil is	7864
entitled to attend school under section 3313.64 or 3313.65 of the	7865
Revised Code.	7866

Sec. 3333.34. (A) As used in this section:

7867

(1) "Pre-college stackable certificate" means a certificate	7868
earned before an adult is enrolled in an institution of higher	7869
education that can be transferred to college credit based on	7870
standards established by the Ohio board of regents and the	7871
department of education.	7872

(2) "College-level certificate" means a certificate earned	7873
while an adult is enrolled in an institution of higher education	7874
that can be transferred to college credit based on standards	7875
established by the board of regents and the department of	7876
education.	7877

(B) The board of regents and the department of education	7878
shall create a system of pre-college stackable certificates to	7879
provide a clear and accessible path for adults seeking to advance	7880
their education. The system shall do all of the following:	7881

(1) Be uniform across the state;

7882

(2) Be available from an array of providers, including adult	7883
career centers, institutions of higher education, and employers;	7884

(3) Be structured to respond to the expectations of both the	7885
workplace and higher education;	7886

(4) Be articulated in a way that ensures the most effective	7887
interconnection of competencies offered in specialized training	7888
programs;	7889

(5) Establish standards for earning pre-college certificates;

7890

(6) Establish transferability of pre-college certificates to	7891
college credit.	7892

(C) The board shall develop college-level certificates that	7893
can be transferred to college credit in different subject	7894
competencies. The certificates shall be based on competencies and	7895
experience and not on classroom seat time.	7896

Sec. 3353.07.  (A) Ohio government telecommunications shall	7897
be funded through the eTech Ohio commission and shall be managed	7898
by a broadcasting station under a contract. The contract shall not	7899
take effect until the program committee of Ohio government	7900
telecommunications approves the contract. The broadcasting station	7901
shall manage the staff of Ohio government telecommunications.	7902
There is hereby created the Ohio government telecommunications	7903
service. The Ohio government telecommunications service shall	7904
provide the state government and affiliated organizations with	7905
multimedia support including audio, visual, and internet services,	7906
multimedia streaming, and hosting multimedia programs.	7907

Services relating to the official activities of the general	7908
assembly and the executive offices provided by the Ohio government	7909
telecommunications service shall be funded through grants to a	7910
public television broadcasting station that will manage the staff	7911
and provide the services of the Ohio government telecommunications	7912
service. The Ohio educational television stations shall select a	7913
member station to manage the Ohio government telecommunications	7914
service. The Ohio government telecommunications service shall	7915
receive grants from, or contract with, any of the three branches	7916
of Ohio government, and their affiliates, to provide additional	7917
services. Services provided by the Ohio government	7918
telecommunications service shall not be used for political	7919
purposes included in campaign materials, or otherwise used to	7920
influence an election, legislation, issue, judicial decision, or	7921
other policy of state government.	7922

(B)(1) There is hereby created the programlegislative	7923
programming committee of the Ohio government telecommunications	7924
service that shall consist of the president of the senate, speaker	7925
of the house of representatives, minority leader of the senate,	7926
and minority leader of the house of representatives, or their	7927
designees, and the clerks of the senate and house of	7928
representatives as nonvoting, ex officio members. By a vote of a	7929
majority of its members, the program committee may add additional	7930
members to the committee.	7931

(2) The programlegislative programming committee shall adopt	7932
rules that govern the operation of the Ohio government	7933
telecommunications service relating to the general assembly and	7934
the coverage and distribution of official governmental activities	7935
by Ohio government telecommunicationsany affiliated	7936
organizations.	7937

Sec. 3353.11.  There is hereby created in the state treasury	7938
the governmental television/telecommunicationstelecommunications	7939
operating fund. The fund shall consist of money received from	7940
contract productionsservices of the Ohio government	7941
telecommunications studioservice and shall be used for operations	7942
or equipment breakdowns related to the studioservice. Only the	7943
Ohio government telecommunications service may authorize the	7944
spending of money in the fund. All investment earnings of the fund	7945
shall be credited to the fund. Once the fund has a balance of	7946
zero, the fund shall cease to exist.	7947

Sec. 3383.01.  As used in this chapter:

7948

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

7949

(1) Visual, musical, dramatic, graphic, design, and other	7950
arts, including, but not limited to, architecture, dance,	7951
literature, motion pictures, music, painting, photography,	7952
sculpture, and theater, and the provision of training or education	7953
in these arts;	7954

(2) The presentation or making available, in museums or other	7955
indoor or outdoor facilities, of principles of science and their	7956
development, use, or application in business, industry, or	7957
commerce or of the history, heritage, development, presentation,	7958
and uses of the arts described in division (A)(1) of this section	7959
and of transportation;	7960

(3) The preservation, presentation, or making available of	7961
features of archaeological, architectural, environmental, or	7962
historical interest or significance in a state historical facility	7963
or a local historical facility.	7964

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

7965

(1) A governmental agency or Ohio nonprofit corporation that	7966
provides programs or activities in areas directly concerned with	7967
culture;	7968

(2) A regional arts and cultural district as defined in	7969
section 3381.01 of the Revised Code.	7970

(C) "Cultural project" means all or any portion of an Ohio	7971
cultural facility for which the general assembly has specifically	7972
authorized the spending of money, or made an appropriation,	7973
pursuant to division (D)(3) or (E) of section 3383.07 of the	7974
Revised Code.	7975

(D) "Cooperative contract" means a contract between the Ohio	7976
cultural facilities commission and a cultural organization	7977
providing the terms and conditions of the cooperative use of an	7978
Ohio cultural facility.	7979

(E) "Costs of operation" means amounts required to manage an	7980
Ohio cultural facility that are incurred following the completion	7981
of construction of its cultural project, provided that both of the	7982
following apply:	7983

(1) Those amounts either:

7984

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

7985

(b) Equal the principal of any endowment fund, the income	7986
from which is dedicated to that purpose.	7987

(2) The commission and the cultural organization have	7988
executed an agreement with respect to either of those funds.	7989

(F) "General building services" means general building	7990
services for an Ohio cultural facility or an Ohio sports facility,	7991
including, but not limited to, general custodial care, security,	7992
maintenance, repair, painting, decoration, cleaning, utilities,	7993
fire safety, grounds and site maintenance and upkeep, and	7994
plumbing.	7995

(G) "Governmental agency" means a state agency, a	7996
state-supported or state-assisted institution of higher education,	7997
a municipal corporation, county, township, or school district, a	7998
port authority created under Chapter 4582. of the Revised Code,	7999
any other political subdivision or special district in this state	8000
established by or pursuant to law, or any combination of these	8001
entities; except where otherwise indicated, the United States or	8002
any department, division, or agency of the United States, or any	8003
agency, commission, or authority established pursuant to an	8004
interstate compact or agreement.	8005

(H) "Local contributions" means the value of an asset	8006
provided by or on behalf of a cultural organization from sources	8007
other than the state, the value and nature of which shall be	8008
approved by the Ohio cultural facilities commission, in its sole	8009
discretion. "Local contributions" may include the value of the	8010
site where a cultural project is to be constructed. All "local	8011
contributions," except a contribution attributable to such a site,	8012
shall be for the costs of construction of a cultural project or	8013
the creation or expansion of an endowment for the costs of	8014
operation of a cultural facility.	8015

(I) "Local historical facility" means a site or facility,	8016
other than a state historical facility, of archaeological,	8017
architectural, environmental, or historical interest or	8018
significance, or a facility, including a storage facility,	8019
appurtenant to the operations of such a site or facility, that is	8020
owned by a cultural organization, provided the facility meets the	8021
requirements of division (K)(2)(b) of this section, is managed by	8022
or pursuant to a contract with the Ohio cultural facilities	8023
commission, and is used for or in connection with the activities	8024
of the commission, including the presentation or making available	8025
of culture to the public.	8026

(J) "Manage," "operate," or "management" means the provision	8027
of, or the exercise of control over the provision of, activities:	8028

(1) Relating to culture for an Ohio cultural facility,	8029
including as applicable, but not limited to, providing for	8030
displays, exhibitions, specimens, and models; booking of artists,	8031
performances, or presentations; scheduling; and hiring or	8032
contracting for directors, curators, technical and scientific	8033
staff, ushers, stage managers, and others directly related to the	8034
cultural activities in the facility; but not including general	8035
building services;	8036

(2) Relating to sports and athletic events for an Ohio sports	8037
facility, including as applicable, but not limited to, providing	8038
for booking of athletes, teams, and events; scheduling; and hiring	8039
or contracting for staff, ushers, managers, and others directly	8040
related to the sports and athletic events in the facility; but not	8041
including general building services.	8042

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

8043

(1) The theaters located in the state office tower at 77	8044
South High street in Columbus;	8045

(2) Any capital facility in this state to which both of the	8046
following apply:	8047

(a) The construction of a cultural project related to the	8048
facility was authorized or funded by the general assembly pursuant	8049
to division (D)(3) of section 3383.07 of the Revised Code and	8050
proceeds of state bonds are used for costs of the cultural	8051
project.	8052

(b) The facility is managed directly by, or is subject to a	8053
cooperative or management contract with, the Ohio cultural	8054
facilities commission, and is used for or in connection with the	8055
activities of the commission, including the presentation or making	8056
available of culture to the public and the provision of training	8057
or education in culture.	8058

(3) A state historical facility or a local historical	8059
facility.	8060

(L) "State agency" means the state or any of its branches,	8061
officers, boards, commissions, authorities, departments,	8062
divisions, or other units or agencies.	8063

(M) "Construction" includes acquisition, including	8064
acquisition by lease-purchase, demolition, reconstruction,	8065
alteration, renovation, remodeling, enlargement, improvement, site	8066
improvements, and related equipping and furnishing.	8067

(N) "State historical facility" means a site or facility that	8068
has all of the following characteristics:	8069

(1) It is created, supervised, operated, protected,	8070
maintained, and promoted by the Ohio historical society pursuant	8071
to the society's performance of public functions under sections	8072
149.30 and 149.302 of the Revised Code.	8073

(2) Its title must reside wholly or in part with the state,	8074
the society, or both the state and the society.	8075

(3) It is managed directly by or is subject to a cooperative	8076
or management contract with the Ohio cultural facilities	8077
commission and is used for or in connection with the activities of	8078
the commission, including the presentation or making available of	8079
culture to the public.	8080

(O) "Ohio sports facility" means all or a portion of a	8081
stadium, arena, tennis facility, motorsports complex, or other	8082
capital facility in this state, a. A primary purpose of which is	8083
the facility shall be to provide a site or venue for the	8084
presentation to the public of either motorsports events,	8085
professional tennis tournaments, or events of one or more major or	8086
minor league professional athletic or sports teams that are	8087
associated with the state or with a city or region of the state,	8088
which. The facility isshall be, in the case of a motorsports	8089
complex, owned by the state or governmental agency, or in all	8090
other instances, is owned by or is located on real property owned	8091
by the state or a governmental agency, and includingincludes all	8092
parking facilities, walkways, and other auxiliary facilities,	8093
equipment, furnishings, and real and personal property and	8094
interests and rights therein, that may be appropriate for or used	8095
for or in connection with the facility or its operation, for	8096
capital costs of which state funds are spent pursuant to this	8097
chapter. A facility constructed as an Ohio sports facility may be	8098
both an Ohio cultural facility and an Ohio sports facility.	8099

(P) "Motorsports" means sporting events in which motor	8100
vehicles are driven on a clearly demarcated tracked surface.	8101

Sec. 3383.07.  (A) The department of administrative services	8102
shall provide for the construction of a cultural project in	8103
conformity with Chapter 153. of the Revised Code, except as	8104
follows:	8105

(1) For a cultural project other than a state historical	8106
facility, construction services may be provided on behalf of the	8107
state by the Ohio cultural facilities commission, or by a	8108
governmental agency or a cultural organization that occupies, will	8109
occupy, or is responsible for the Ohio cultural facility, as	8110
determined by the commission. For a project receiving a state	8111
appropriation of fifty thousand dollars or less, the commission	8112
may delegate to its executive director the authority to approve	8113
the provision of construction services by such an agency or	8114
organization, but not the authority to disapprove that provision.	8115
Construction services to be provided by a governmental agency or a	8116
cultural organization shall be specified in an agreement between	8117
the commission and the governmental agency or cultural	8118
organization. The agreement, or any actions taken under it, are	8119
not subject to Chapter 123. or 153. of the Revised Code, except	8120
for sections 123.081 and 153.011 of the Revised Code, and shall be	8121
subject to Chapter 4115. of the Revised Code.	8122

(2) For a cultural project that is a state historical	8123
facility, construction services may be provided by the Ohio	8124
cultural facilities commission or by a cultural organization that	8125
occupies, will occupy, or is responsible for the facility, as	8126
determined by the commission. For a facility receiving a state	8127
appropriation of fifty thousand dollars or less, the commission	8128
may delegate to its executive director the authority to approve	8129
the provision of construction services by such an organization,	8130
but not the authority to disapprove that provision. The	8131
construction services to be provided by the cultural organization	8132
shall be specified in an agreement between the commission and the	8133
cultural organization. That agreement, and any actions taken under	8134
it, are not subject to Chapter 123., 153., or 4115. of the Revised	8135
Code.	8136

(B) For an Ohio sports facility that is financed in part by	8137
obligations issued pursuant to Chapter 154. of the Revised Code,	8138
construction services shall be provided on behalf of the state by	8139
or at the direction of the governmental agency or nonprofit	8140
corporation that will own or be responsible for the management of	8141
the facility, all as determined by the Ohio cultural facilities	8142
commission. For a facility receiving a state appropriation of	8143
fifty thousand dollars or less, the commission may delegate to its	8144
executive director the authority to approve the provision of	8145
construction services by or at the direction of the agency or	8146
corporation, but not the authority to disapprove that provision.	8147
Any construction services to be provided by a governmental agency	8148
or nonprofit corporation shall be specified in an agreement	8149
between the commission and the governmental agency or nonprofit	8150
corporation. That agreement, and any actions taken under it, are	8151
not subject to Chapter 123. or 153. of the Revised Code, except	8152
for sections 123.081 and 153.011 of the Revised Code, and shall be	8153
subject to Chapter 4115. of the Revised Code.	8154

(C) General building services for an Ohio cultural facility	8155
shall be provided by the Ohio cultural facilities commission or by	8156
a cultural organization that occupies, will occupy, or is	8157
responsible for the facility, as determined by the commission,	8158
except that. For a facility receiving a state appropriation of	8159
fifty thousand dollars or less, the commission may delegate to its	8160
executive director the authority to approve the provision of	8161
general building services by such an organization, but not the	8162
authority to disapprove that provision. Alternatively, the Ohio	8163
building authority may elect to provide those services for Ohio	8164
cultural facilities financed with proceeds of state bonds issued	8165
by the authority. The costs of management and general building	8166
services shall be paid by the cultural organization that occupies,	8167
will occupy, or is responsible for the facility as provided in an	8168
agreement between the commission and the cultural organization,	8169
except that the state may pay for general building services for	8170
state-owned cultural facilities constructed on state-owned land.	8171

General building services for an Ohio sports facility shall	8172
be provided by or at the direction of the governmental agency or	8173
nonprofit corporation that will be responsible for the management	8174
of the facility, all as determined by the commission. For a	8175
facility receiving a state appropriation of fifty thousand dollars	8176
or less, the commission may delegate to its executive director the	8177
authority to approve the provision of general building services by	8178
or at the direction of the agency or corporation, but not the	8179
authority to disapprove that provision. Any general building	8180
services to be provided by a governmental agency or nonprofit	8181
corporation for an Ohio sports facility shall be specified in an	8182
agreement between the commission and the governmental agency or	8183
nonprofit corporation. That agreement, and any actions taken under	8184
it, are not subject to Chapter 123. or 153. of the Revised Code,	8185
except for sections 123.081 and 153.011 of the Revised Code, and	8186
shall be subject to Chapter 4115. of the Revised Code.	8187

(D) This division does not apply to a state historical	8188
facility. No state funds, including any state bond proceeds, shall	8189
be spent on the construction of any cultural project under this	8190
chapter unless, with respect to the cultural project and to the	8191
Ohio cultural facility related to the project, all of the	8192
following apply:	8193

(1) The Ohio cultural facilities commission has determined	8194
that there is a need for the cultural project and the Ohio	8195
cultural facility related to the project in the region of the	8196
state in which the Ohio cultural facility is located or for which	8197
the facility is proposed. For a project receiving a state	8198
appropriation of fifty thousand dollars or less, the commission	8199
may delegate to its executive director the authority to determine	8200
need but only in the affirmative.	8201

(2) The commission has determined that, as an indication of	8202
substantial regional support for the cultural project, the	8203
cultural organization has made provision satisfactory to the	8204
commission, in its sole discretion, for local contributions	8205
amounting to not less than fifty per cent of the total state	8206
funding for the cultural project. For a project receiving a state	8207
appropriation of fifty thousand dollars or less, the commission	8208
may delegate to its executive director the authority to determine	8209
the adequacy of the regional support but only in the affirmative.	8210

(3) The general assembly has specifically authorized the	8211
spending of money on, or made an appropriation for, the	8212
construction of the cultural project, or for rental payments	8213
relating to the financing of the construction of the cultural	8214
project. Authorization to spend money, or an appropriation, for	8215
planning the cultural project does not constitute authorization to	8216
spend money on, or an appropriation for, construction of the	8217
cultural project.	8218

(E) No state funds, including any state bond proceeds, shall	8219
be spent on the construction of any state historical facility	8220
under this chapter unless the general assembly has specifically	8221
authorized the spending of money on, or made an appropriation for,	8222
the construction of the state historical project related to the	8223
facility, or for rental payments relating to the financing of the	8224
construction of the state historical project. Authorization to	8225
spend money, or an appropriation, for planning the state	8226
historical project does not constitute authorization to spend	8227
money on, or an appropriation for, the construction of the state	8228
historical project.	8229

(F) State funds shall not be used to pay or reimburse more	8230
than fifteen per cent of the initial estimated construction cost	8231
of an Ohio sports facility, excluding any site acquisition cost,	8232
and no state funds, including any state bond proceeds, shall be	8233
spent on any Ohio sports facility under this chapter unless, with	8234
respect to that facility, all of the following apply:	8235

(1) The Ohio cultural facilities commission has determined	8236
that there is a need for the facility in the region of the state	8237
for which the facility is proposed to provide the function of an	8238
Ohio sports facility as provided for in this chapter. For a	8239
facility receiving a state appropriation of fifty thousand dollars	8240
or less, the commission may delegate to its executive director the	8241
authority to determine need but only in the affirmative.	8242

(2) As an indication of substantial local support for the	8243
facility, the commission has received a financial and development	8244
plan satisfactory to it, and provision has been made, by agreement	8245
or otherwise, satisfactory to the commission, for a contribution	8246
amounting to not less than eighty-five per cent of the total	8247
estimated construction cost of the facility, excluding any site	8248
acquisition cost, from sources other than the state. For a	8249
facility receiving a state appropriation of fifty thousand dollars	8250
or less, the commission may delegate to its executive director the	8251
authority to evaluate the financial and development plan and the	8252
contribution and to determine their adequacy but only in the	8253
affirmative.	8254

(3) The general assembly has specifically authorized the	8255
spending of money on, or made an appropriation for, the	8256
construction of the facility, or for rental payments relating to	8257
state financing of all or a portion of the costs of constructing	8258
the facility. Authorization to spend money, or an appropriation,	8259
for planning or determining the feasibility of or need for the	8260
facility does not constitute authorization to spend money on, or	8261
an appropriation for, costs of constructing the facility.	8262

(4) If state bond proceeds are being used for the Ohio sports	8263
facility, the state or a governmental agency owns or has	8264
sufficient property interests in the facility or in the site of	8265
the facility or in the portion or portions of the facility	8266
financed from proceeds of state bonds, which may include, but is	8267
not limited to, the right to use or to require the use of the	8268
facility for the presentation of sport and athletic events to the	8269
public at the facility.	8270

(G) In addition to the requirements of division (F) of this	8271
section, no state funds, including any state bond proceeds, shall	8272
be spent on any Ohio sports facility that is a motorsports	8273
complex, unless, with respect to that facility, both of the	8274
following apply:	8275

(1) Motorsports events shall be presented at the facility	8276
pursuant to a lease entered into with the owner of the facility.	8277
The term of the lease shall be for a period of not less than the	8278
greater of the useful life of the portion of the facility financed	8279
from proceeds of state bonds as determined using the guidelines	8280
for maximum maturities as provided under divisions (B) and (C) of	8281
section 133.20 of the Revised Code, or the period of time	8282
remaining to the date of payment or provision for payment of	8283
outstanding state bonds allocable to costs of the facility, all as	8284
determined by the director of budget and management and certified	8285
by the director to the Ohio cultural facilities commission and to	8286
the treasurer of state.	8287

(2) Any motorsports organization that commits to using the	8288
facility for an established period of time shall give the	8289
political subdivision in which the facility is located not less	8290
than six months' advance notice if the organization intends to	8291
cease utilizing the facility prior to the expiration of that	8292
established period. Such a motorsports organization shall be	8293
liable to the state for any state funds used on the construction	8294
costs of the facility.	8295

(H) In addition to the requirements of division (F) of this	8296
section, no state bond proceeds shall be spent on any Ohio sports	8297
facility that is a tennis facility, unless the owner or manager of	8298
the facility provides contractual commitments from a national or	8299
international professional tennis organization in a form	8300
acceptable to the cultural facilities commission that assures that	8301
one or more sanctioned professional tennis events will be	8302
presented at the facility during each year that the bonds remain	8303
outstanding.	8304

Sec. 3706.01.  As used in this chapter:

8305

(A) "Governmental agency" means a department, division, or	8306
other unit of state government, a municipal corporation, county,	8307
township, and other political subdivision, or any other public	8308
corporation or agency having the power to acquire, construct, or	8309
operate air quality facilities, the United States or any agency	8310
thereof, and any agency, commission, or authority established	8311
pursuant to an interstate compact or agreement.	8312

(B) "Person" means any individual, firm, partnership,	8313
association, or corporation, or any combination thereof.	8314

(C) "Air contaminant" means particulate matter, dust, fumes,	8315
gas, mist, smoke, noise, vapor, heat, radioactivity, radiation, or	8316
odorous substance, or any combination thereof.	8317

(D) "Air pollution" means the presence in the ambient air of	8318
one or more air contaminants in sufficient quantity and of such	8319
characteristics and duration as to injure human health or welfare,	8320
plant or animal life, or property, or that unreasonably interferes	8321
with the comfortable enjoyment of life or property.	8322

(E) "Ambient air" means that portion of the atmosphere	8323
outside of buildings and other enclosures, stacks, or ducts that	8324
surrounds human, plant, or animal life, or property.	8325

(F) "Emission" means the release into the outdoor atmosphere	8326
of an air contaminant.	8327

(G) "Air quality facility" means any of the following:

8328

(1) Any method, modification or replacement of property,	8329
process, device, structure, or equipment that removes, reduces,	8330
prevents, contains, alters, conveys, stores, disperses, or	8331
disposes of air contaminants or substances containing air	8332
contaminants, or that renders less noxious or reduces the	8333
concentration of air contaminants in the ambient air, including,	8334
without limitation, facilities and expenditures that qualify as	8335
air pollution control facilities under section 103 (C)(4)(F) of	8336
the Internal Revenue Code of 1954, as amended, and regulations	8337
adopted thereunder;	8338

(2) Motor vehicle inspection stations operated in accordance	8339
with, and any equipment used for motor vehicle inspections	8340
conducted under, section 3704.14 of the Revised Code and rules	8341
adopted under it;	8342

(3) Ethanol or other biofuel facilities, including any	8343
equipment used at the ethanol or other biofuel facility for the	8344
production of ethanol or other biofuels;	8345

(4) Any property or portion thereof used for the collection,	8346
storage, treatment, utilization, processing, or final disposal of	8347
a by-product or solid waste resulting from any method, process,	8348
device, structure, or equipment that removes, reduces, prevents,	8349
contains, alters, conveys, stores, disperses, or disposes of air	8350
contaminants, or that renders less noxious or reduces the	8351
concentration of air contaminants in the ambient air;	8352

(5) Any property, device, or equipment that promotes the	8353
reduction of emissions of air contaminants into the ambient air	8354
through improvements in the efficiency of energy utilization or	8355
energy conservation;	8356

(6) Any coal research and development project conducted under	8357
Chapter 1555. of the Revised Code;	8358

(7) As determined by the director of the Ohio coal	8359
development office, any property or portion thereof that is used	8360
for the collection, storage, treatment, utilization, processing,	8361
or final disposal of a by-product resulting from a coal research	8362
and development project as defined in section 1555.01 of the	8363
Revised Code or from the use of clean coal technology, excluding	8364
any property or portion thereof that is used primarily for other	8365
subsequent commercial purposes;	8366

(8) Any property or portion thereof that is part of the	8367
FutureGen project of the United States department of energy or	8368
related to the siting of the FutureGen project.	8369

"Air quality facility" further includes any property or	8370
system to be used in whole or in part for any of the purposes in	8371
divisions (G)(1) to (8) of this section, whether another purpose	8372
is also served, and any property or system incidental to or that	8373
has to do with, or the end purpose of which is, any of the	8374
foregoing. Air quality facilities that are defined in this	8375
division for industry, commerce, distribution, or research,	8376
including public utility companies, are hereby determined to be	8377
those that qualify as facilities for the control of air pollution	8378
and thermal pollution related to air under Section 13 of Article	8379
VIII, Ohio Constitution.	8380

(H) "Project" or "air quality project" means any air quality	8381
facility, including undivided or other interests therein, acquired	8382
or to be acquired or constructed or to be constructed by the Ohio	8383
air quality development authority under this chapter, or acquired	8384
or to be acquired or constructed or to be constructed by a	8385
governmental agency or person with all or a part of the cost	8386
thereof being paid from a loan or grant from the authority under	8387
this chapter, including all buildings and facilities that the	8388
authority determines necessary for the operation of the project,	8389
together with all property, rights, easements, and interests that	8390
may be required for the operation of the project.	8391

(I) "Cost" as applied to an air quality project means the	8392
cost of acquisition and construction, the cost of acquisition of	8393
all land, rights-of-way, property rights, easements, franchise	8394
rights, and interests required for such acquisition and	8395
construction, the cost of demolishing or removing any buildings or	8396
structures on land so acquired, including the cost of acquiring	8397
any lands to which such buildings or structures may be moved, the	8398
cost of acquiring or constructing and equipping a principal office	8399
and sub-offices of the authority, the cost of diverting highways,	8400
interchange of highways, and access roads to private property,	8401
including the cost of land or easements for such access roads, the	8402
cost of public utility and common carrier relocation or	8403
duplication, the cost of all machinery, furnishings, and	8404
equipment, financing charges, interest prior to and during	8405
construction and for no more than eighteen months after completion	8406
of construction, engineering, expenses of research and development	8407
with respect to air quality facilities, legal expenses, plans,	8408
specifications, surveys, studies, estimates of cost and revenues,	8409
working capital, other expenses necessary or incident to	8410
determining the feasibility or practicability of acquiring or	8411
constructing such project, administrative expense, and such other	8412
expense as may be necessary or incident to the acquisition or	8413
construction of the project, the financing of such acquisition or	8414
construction, including the amount authorized in the resolution of	8415
the authority providing for the issuance of air quality revenue	8416
bonds to be paid into any special funds from the proceeds of such	8417
bonds, and the financing of the placing of such project in	8418
operation. Any obligation, cost, or expense incurred by any	8419
governmental agency or person for surveys, borings, preparation of	8420
plans and specifications, and other engineering services, or any	8421
other cost described above, in connection with the acquisition or	8422
construction of a project may be regarded as a part of the cost of	8423
that project and may be reimbursed out of the proceeds of air	8424
quality revenue bonds as authorized by this chapter.	8425

(J) "Owner" includes an individual, copartnership,	8426
association, or corporation having any title or interest in any	8427
property, rights, easements, or interests authorized to be	8428
acquired by this chapter.	8429

(K) "Revenues" means all rentals and other charges received	8430
by the authority for the use or services of any air quality	8431
project, any gift or grant received with respect to any air	8432
quality project, any moneys received with respect to the lease,	8433
sublease, sale, including installment sale or conditional sale, or	8434
other disposition of an air quality project, moneys received in	8435
repayment of and for interest on any loans made by the authority	8436
to a person or governmental agency, whether from the United States	8437
or any department, administration, or agency thereof, or	8438
otherwise, proceeds of such bonds to the extent that use thereof	8439
for payment of principal of, premium, if any, or interest on the	8440
bonds is authorized by the authority, proceeds from any insurance,	8441
condemnation, or guaranty pertaining to a project or property	8442
mortgaged to secure bonds or pertaining to the financing of the	8443
project, and income and profit from the investment of the proceeds	8444
of air quality revenue bonds or of any revenues.	8445

(L) "Public roads" includes all public highways, roads, and	8446
streets in the state, whether maintained by the state, county,	8447
city, township, or other political subdivision.	8448

(M) "Public utility facilities" includes tracks, pipes,	8449
mains, conduits, cables, wires, towers, poles, and other equipment	8450
and appliances of any public utility.	8451

(N) "Construction," unless the context indicates a different	8452
meaning or intent, includes reconstruction, enlargement,	8453
improvement, or providing furnishings or equipment.	8454

(O) "Air quality revenue bonds," unless the context indicates	8455
a different meaning or intent, includes air quality revenue notes,	8456
air quality revenue renewal notes, and air quality revenue	8457
refunding bonds, except that notes issued in anticipation of the	8458
issuance of bonds shall have a maximum maturity of five years as	8459
provided in section 3706.05 of the Revised Code and notes or	8460
renewal notes issued as the definitive obligation may be issued	8461
maturing at such time or times with a maximum maturity of forty	8462
years from the date of issuance of the original note.	8463

(P) "Solid waste" means any garbage; refuse; sludge from a	8464
waste water treatment plant, water supply treatment plant, or air	8465
pollution control facility; and other discarded material,	8466
including solid, liquid, semisolid, or contained gaseous material	8467
resulting from industrial, commercial, mining, and agricultural	8468
operations, and from community activities, but not including solid	8469
or dissolved material in domestic sewage, or solid or dissolved	8470
material in irrigation return flows or industrial discharges that	8471
are point sources subject to permits under section 402 of the	8472
"Federal Water Pollution Control Act Amendments of 1972," 86 Stat.	8473
880, 33 U.S.C.A. 1342, as amended, or source, special nuclear, or	8474
byproduct material as defined by the "Atomic Energy Act of 1954,"	8475
68 Stat. 921, 42 U.S.C.A. 2011, as amended.	8476

(Q) "Sludge" means any solid, semisolid, or liquid waste,	8477
other than a recyclable by-product, generated from a municipal,	8478
commercial, or industrial waste water treatment plant, water	8479
supply plant, or air pollution control facility or any other such	8480
wastes having similar characteristics and effects.	8481

(R) "Ethanol or other biofuel facility" means a plant at	8482
which ethanol or other biofuel is produced.	8483

(S) "Ethanol" means fermentation ethyl alcohol derived from	8484
agricultural products, including potatoes, cereal, grains, cheese	8485
whey, and sugar beets; forest products; or other renewable or	8486
biomass resources, including residue and waste generated from the	8487
production, processing, and marketing of agricultural products,	8488
forest products, and other renewable or biomass resources, that	8489
meets all of the specifications in the American society for	8490
testing and materials (ASTM) specification D 4806-88 and is	8491
denatured as specified in Parts 20 and 21 of Title 27 of the Code	8492
of Federal Regulations.	8493

(T) "Biofuel" means any fuel that is made from cellulosic	8494
biomass resources, including renewable organic matter, crop waste	8495
residue, wood, aquatic plants and other crops, animal waste, solid	8496
waste, or sludge, and that is used for the production of energy	8497
for transportation or other purposes.	8498

(U) "FutureGen project" means the buildings, equipment, and	8499
real property and functionally related buildings, equipment, and	8500
real property, including related research projects that support	8501
the development and operation of the buildings, equipment, and	8502
real property, designated by the United States department of	8503
energy and the FutureGen industrial alliance, inc., as the	8504
coal-fueled, zero-emissions power plant designed to prove the	8505
technical and economic feasibility of producing electricity and	8506
hydrogen from coal and nearly eliminating carbon dioxide emissions	8507
through capture and permanent storage.	8508

Sec. 3770.05.  (A) As used in this section, "person" means	8509
any person, association, corporation, partnership, club, trust,	8510
estate, society, receiver, trustee, person acting in a fiduciary	8511
or representative capacity, instrumentality of the state or any of	8512
its political subdivisions, or any other combination of	8513
individuals meeting the requirements set forth in this section or	8514
established by rule or order of the state lottery commission.	8515

(B) The director of the state lottery commission may license	8516
any person as a lottery sales agent. No license shall be issued to	8517
any person or group of persons to engage in the sale of lottery	8518
tickets as the person's or group's sole occupation or business.	8519

Before issuing any license to a lottery sales agent, the	8520
director shall consider all of the following:	8521

(1) The financial responsibility and security of the person	8522
applicant and the person'sapplicant's business or activity;	8523

(2) The accessibility of the agent'sapplicant's place of	8524
business or activity to the public;	8525

(3) The sufficiency of existing licensed agents to serve the	8526
public interest;	8527

(4) The volume of expected sales by the applicant;

8528

(5) Any other factors pertaining to the public interest,	8529
convenience, or trust.	8530

(C) Except as otherwise provided in division (F) of this	8531
section, the director of the state lottery commission shall refuse	8532
to grant, or shall suspend or revoke, a license if the applicant	8533
or licensee:	8534

(1) Has been convicted of a felony, or has been convicted of	8535
a crime involving moral turpitude;	8536

(2) Has been convicted of an offense that involves illegal	8537
gambling;	8538

(3) Has been found guilty of fraud or misrepresentation in	8539
any connection;	8540

(4) Has been found to have violated any rule or order of the	8541
commission; or	8542

(5) Has been convicted of illegal trafficking in food stamps.

8543

(D) Except as otherwise provided in division (F) of this	8544
section, the director of the state lottery commission shall refuse	8545
to grant, or shall suspend or revoke, a license if the applicant	8546
or licensee is a corporation and any of the following applies:	8547

(1) Any of whosethe corporation's directors, officers, or	8548
controlling shareholders havehas been found guilty of any of the	8549
activities specified in divisions (C)(1) to (4)(5) of this	8550
section;	8551

(2) In which itIt appears to the director of the state	8552
lottery commission that, due to the experience, character, or	8553
general fitness of any director, officer, or controlling	8554
shareholder of the corporation, the granting of a license as a	8555
lottery sales agent would be inconsistent with the public	8556
interest, convenience, or trust;	8557

(3) NotThe corporation is not the owner or lessee of the	8558
business at which it willwould conduct a lottery sales agency	8559
pursuant to the license applied for, or that any;	8560

(4) Any person, firm, association, or corporation other than	8561
the applicant or licensee shares or will share in the profits of	8562
the applicant or licensee, other than receiving dividends or	8563
distributions as a shareholder, or participates or will	8564
participate in the management of the affairs of the applicant or	8565
licensee.	8566

(E)(1) The director of the state lottery commission shall	8567
refuse to grant a license to an applicant for a lottery sales	8568
agent license and shall revoke a lottery sales agent license of a	8569
licensee if the applicant or licensee is or has been convicted of	8570
a violation of division (A) or (C)(1) of section 2913.46 of the	8571
Revised Code.	8572

(2) The director shall refuse to grant a license to an	8573
applicant for a lottery sales agent license that is a corporation	8574
and shall revoke the lottery sales agent license of a licensee	8575
that is a corporation, if the corporation is or has been convicted	8576
of a violation of division (A) or (C)(1) of a violation of section	8577
2913.46 of the Revised Code.	8578

(F) The director of the state lottery commission shall	8579
request the bureau of criminal identification and investigation,	8580
the department of public safety, or any other state, local, or	8581
federal agency to supply the director with the criminal records of	8582
any applicant for a lottery sales agent license, and may	8583
periodically request suchthe criminal records of any person to	8584
whom such a lottery sales agent license has been issued. At or	8585
prior to the time of making such a request, the director shall	8586
require an applicant or licensee to obtain fingerprint impressions	8587
on fingerprint cards prescribed by the superintendent of the	8588
bureau of criminal identification and investigation at a qualified	8589
law enforcement agency, and the director shall cause thesethose	8590
fingerprint cards to be forwarded to the bureau of criminal	8591
identification and investigation and, to the federal bureau of	8592
investigation, or to both bureaus. The commission shall assume the	8593
cost of obtaining the fingerprint cards. The	8594

The director shall pay to each agency supplying suchcriminal	8595
records for each investigation a reasonable fee, as determined by	8596
the agency. The	8597

The commission may adopt uniform rules specifying time	8598
periods after which the persons described in divisions (C)(1) to	8599
(4)(5) and (D)(1) to (3)(4) of this section may be issued a	8600
license and establishing requirements for suchthose persons to	8601
seek a court order to have records sealed in accordance with law.	8602

(G)(1) Each applicant for a lottery sales agent license shall	8603
do both of the following:	8604

(a) Pay to the state lottery commission, at the time the	8605
application is submitted, a fee of twenty-five dollars upon	8606
approval ofin an amount that the applicationdirector of the	8607
state lottery commission determines by rule adopted under Chapter	8608
119. of the Revised Code and that the controlling board approves;	8609

(b) Prior to approval of the application, obtain a surety or,	8610
if required, a fidelity bond in an amount to be determined by the	8611
director determines by rule adopted under Chapter 119. of the	8612
Revised Code or, alternatively, with the director's approval,	8613
deposit the same amount into a dedicated account for the benefit	8614
of the state lottery. The director also may approve the obtaining	8615
of a surety bond to cover part of the amount required, together	8616
with a dedicated account deposit to cover the remainder of the	8617
amount required. The	8618

A surety bond may be with any company that complies with the	8619
bonding and surety laws of this state and the requirements	8620
established by rules of the commission pursuant to this chapter. A	8621
dedicated account deposit shall be conducted in accordance with	8622
policies and procedures the director establishes.	8623

A surety bond, dedicated account, or both, as applicable, may	8624
be used to pay for the lottery sales agent's failure to make	8625
prompt and accurate payments for lottery ticket sales, for missing	8626
or stolen lottery tickets, or for damage to equipment or materials	8627
issued to the lottery sales agent, or to pay for expenses the	8628
commission incurs in connection with the lottery sales agent's	8629
license.	8630

(2) A lottery sales agent license is effective for one year.	8631
A	8632

A licensed lottery sales agent shall, on or before the date	8633
established by the director, shall renew the agent's license and	8634
provide at that time evidence to the director that the surety	8635
bond, dedicated account deposit, or both, required under division	8636
(F)(G)(1)(b) of this section has been renewed or is active,	8637
whichever applies. The director shall certify to the commission	8638
that the applicant for renewal has the required bond.	8639

TheBefore the commission renews a lottery sales agent	8640
license, the lottery sales agent shall submit a renewal fee to the	8641
commission in an amount that the director determines by rule	8642
adopted under Chapter 119. of the Revised Code and that the	8643
controlling board approves. The renewal fee shall not exceed the	8644
actual cost of administering the license renewal and processing	8645
changes reflected in the renewal application. The renewal of the	8646
license is effective for up to one year.	8647

(3) A lottery sales agent license shall be complete,	8648
accurate, and current at all times during the term of the license.	8649
Any changes to an original license application or a renewal	8650
application may subject the applicant or lottery sales agent, as	8651
applicable, to paying an administrative fee that shall be in an	8652
amount that the director determines by rule adopted under Chapter	8653
119. of the Revised Code, that the controlling board approves, and	8654
that shall not exceed the actual cost of administering and	8655
processing the changes to an application.	8656

(4) The relationship between the state lottery commission and	8657
a lottery sales agent is one of trust. A lottery sales agent	8658
collects funds on behalf of the commission through the sale of	8659
lottery tickets for which the agent receives a compensation.	8660

(H) Pending a final resolution of any question arising under	8661
this section, the director of the state lottery commission may	8662
issue a temporary lottery sales agent license, subject to suchthe	8663
terms and conditions as the director may considerconsiders	8664
appropriate.	8665

(I) If a lottery sales agent's rental payments for the	8666
lottery sales agent's premises are determined, in whole or in	8667
part, by the amount of retail sales the lottery sales agent makes,	8668
and if the rental agreement does not expressly provide that the	8669
amount of suchthose retail sales includes the amounts the lottery	8670
sales agent receives from lottery ticket sales, only the amounts	8671
the lottery sales agent receives as compensation from the state	8672
lottery commission for selling lottery tickets shall be considered	8673
to be amounts the lottery sales agent receives from the retail	8674
sales the lottery sales agent makes, for the purpose of computing	8675
the lottery sales agent's rental payments.	8676

Sec. 3770.073.  (A) If a person is entitled to a lottery	8677
prize award and is indebted to the state for the payment of any	8678
tax, workers' compensation premium, unemployment contribution,	8679
payment in lieu of unemployment contribution, certified claim	8680
under section 131.02 or 131.021 of the Revised Code, lottery sales	8681
receipts held in trust on behalf of the state lottery commission	8682
as described in division (G)(2)(4) of section 3770.05 of the	8683
Revised Code, or charge, penalty, or interest arising from these	8684
debts and if the amount of the prize money or the cost of goods or	8685
services awarded as a lottery prize award is five thousand dollars	8686
or more, the director of the state lottery commission, or the	8687
director's designee, shall do either of the following:	8688

(1) If the prize award will be paid in a lump sum, deduct	8689
from the prize award and pay to the attorney general an amount in	8690
satisfaction of the debt and pay any remainder to that person. If	8691
the amount of the prize award is less than the amount of the debt,	8692
the entire amount of the prize award shall be deducted and paid in	8693
partial satisfaction of the debt.	8694

(2) If the prize award will be paid in annual installments,	8695
on the date the initial installment payment is due, deduct from	8696
that installment and pay to the attorney general an amount in	8697
satisfaction of the debt and, if necessary to collect the full	8698
amount of the debt, do the same for any subsequent annual	8699
installments, at the time the installments become due and owing to	8700
the person, until the debt is fully satisfied.	8701

(B) If a person entitled to a lottery prize award owes more	8702
than one debt, any debt subject to section 5739.33 or division (G)	8703
of section 5747.07 of the Revised Code shall be satisfied first.	8704

(C) Except as provided in section 131.021 of the Revised	8705
Code, this section applies only to debts that have become final.	8706

Sec. 3905.36.  (A) Except as provided in divisions (B) and	8707
(C) of this section, every insured association, company,	8708
corporation, or other person that enters, directly or indirectly,	8709
into any agreements with any insurance company, association,	8710
individual, firm, underwriter, or LloydLloyd's, not authorized to	8711
do business in this state, whereby the insured shall procure,	8712
continue, or renew contracts of insurance covering subjects of	8713
insurance resident, located, or to be performed within this state,	8714
with such unauthorized insurance company, association, individual,	8715
firm, underwriter, or LloydLloyd's, for which insurance there is	8716
a gross premium, membership fee, assessment, dues, or other	8717
consideration charged or collected, shall annually, on or before	8718
the thirty-first day of January, return to the superintendent of	8719
insurance a statement under oath showing the name and address of	8720
the insured, name and address of the insurer, subject of the	8721
insurance, general description of the coverage, and amount of	8722
gross premium, fee, assessment, dues, or other consideration for	8723
such insurance for the preceding twelve-month period and shall at	8724
the same time pay to the treasurer of state a tax of five per cent	8725
of such gross premium, fee, assessment, dues, or other	8726
consideration, after a deduction for return premium, if any, as	8727
calculated on a form prescribed by the treasurer of state. All	8728
taxes collected under this section by the treasurer of state shall	8729
be paid into the general revenue fund. If the tax is not paid when	8730
due, the tax shall be increased by a penalty of twenty-five per	8731
cent. An interest charge computed as set forth in section	8732
5725.221 of the Revised Code shall be made on the entire sum of	8733
the tax plus penalty, which interest shall be computed from the	8734
date the tax is due until it is paid. For purposes of this	8735
section, payment is considered made when it is received by the	8736
treasurer of state, irrespective of any United States postal	8737
service marking or other stamp or mark indicating the date on	8738
which the payment may have been mailed.	8739

(B) This section does not apply to:

8740

(1) Transactions in this state involving a policy solicited,	8741
written, and delivered outside this state covering only subjects	8742
of insurance not resident, located, or to be performed in this	8743
state at the time of issuance, provided such transactions are	8744
subsequent to the issuance of the policy;	8745

(2) Attorneys-at-law acting on behalf of their clients in the	8746
adjustment of claims or losses;	8747

(3) Transactions involving policies issued by a captive	8748
insurer. For this purpose, a "captive insurer" means any of the	8749
following:	8750

(a) An insurer owned by one or more individuals or	8751
organizations, whose exclusive purpose is to insure risks of one	8752
or more of the parent organizations or individual owners and risks	8753
of one or more affiliates of the parent organizations or	8754
individual owners;	8755

(b) In the case of groups and associations, insurers owned by	8756
the group or association whose exclusive purpose is to insure	8757
risks of members of the group or association and affiliates of the	8758
members;	8759

(c) Other types of insurers, licensed and operated in	8760
accordance with the captive insurance laws of their jurisdictions	8761
of domicile and operated in a manner so as to self-insure risks of	8762
their owners and insureds.	8763

(4) Professional or medical liability insurance procured by a	8764
hospital organized under Chapter 3701. of the Revised Code or on	8765
behalf of an entity that manufactures, packages, and sells, as	8766
more than fifty per cent of the entity's business, pharmaceutical	8767
products for human use where the production, packaging, and sale	8768
of such products are subject to regulation by an agency of the	8769
United States;	8770

(5) Insurance with an initial policy period of more than	8771
three years and that is procured to cover known events related to	8772
environmental remediation that occurred prior to the effective	8773
date of that insurance.	8774

(C) In transactions that are subject to sections 3905.30 to	8775
3905.35 of the Revised Code, each person licensed under section	8776
3905.30 of the Revised Code shall pay to the treasurer of state,	8777
on or before the thirty-first day of January of each year, five	8778
per cent of the balance of the gross premiums charged for	8779
insurance placed or procured under the license after a deduction	8780
for return premiums, as reported on a form prescribed by the	8781
treasurer of state. The tax shall be collected from the insured by	8782
the surplus line broker who placed or procured the policy of	8783
insurance at the time the policy is delivered to the insured. No	8784
license issued under section 3905.30 of the Revised Code shall be	8785
renewed until payment is made. If the tax is not paid when due,	8786
the tax shall be increased by a penalty of twenty-five per cent.	8787
An interest charge computed as set forth in section 5725.221 of	8788
the Revised Code shall be made on the entire sum of the tax plus	8789
penalty, which interest shall be computed from the date the tax is	8790
due until it is paid. For purposes of this section, payment is	8791
considered made when it is received by the treasurer of state,	8792
irrespective of any United States postal service marking or other	8793
stamp or mark indicating the date on which the payment may have	8794
been mailed.	8795

Sec. 3931.07.  In the annual statement provided in section	8796
3931.06 of the Revised Code the attorney shall set forth the gross	8797
amount of premiums or deposits received by him during the	8798
preceding calendar year on contracts of indemnity covering risks	8799
within the state. HeThe attorney shall also set forth therein, in	8800
separate items, premiums paid for cancellations, premiums or	8801
deposits returned and credited ratably to subscribers, and	8802
considerations both received and paid for reinsurance during such	8803
year.	8804

The superintendent shall compute a tax at the rate of twoone	8805
and one-halffour-tenths per cent, and in case of fire insurance	8806
an additional one halfthree-quarters of one per cent fire marshal	8807
tax, on the balance of such gross amount of premiums or deposits,	8808
after deducting premiums and deposits returned and credited and	8809
considerations received for reinsurances. Such tax of twoone and	8810
one-halffour-tenths per cent and, in the case of fire insurance,	8811
such additional tax of one halfthree-quarters of one per cent,	8812
shall be paid at the time provided in sections 5729.04 and 5729.05	8813
of the Revised Code. Where insurance against fire is included with	8814
insurance against other perils at an undivided premium, a	8815
reasonable allocation from such entire premium shall be made for	8816
the fire portion of the coverage in such manner as the	8817
superintendent of insurance may direct. No further taxes shall be	8818
imposed upon such attorney or histhe attorney's subscribers or	8819
their representatives for the privilege of transacting business in	8820
the state.	8821

If an attorney ceases doing business in the state, hethe	8822
attorney shall thereupon make a report to the superintendent of	8823
the premiums or deposits subject to taxation, not previously	8824
reported, and forthwith pay to the superintendent a tax thereon	8825
computed according to law. If such attorney fails to make any	8826
report for taxation, or fails to pay any tax as required by this	8827
section, histhe attorney's subscribers shall be liable to the	8828
state for such unpaid taxes, and a penalty of not more than	8829
twenty-five per cent per annum after demand therefor. Service of	8830
process in any action to recover such tax or penalty shall be made	8831
according to the law relating to actions against the attorney and	8832
histhe attorney's subscribers.	8833

Sec. 4115.04.  (A) Every public authority authorized to	8834
contract for or construct with its own forces a public	8835
improvement, before advertising for bids or undertaking such	8836
construction with its own forces, shall have the director of	8837
commerce determine the prevailing rates of wages of mechanics and	8838
laborers in accordance with section 4115.05 of the Revised Code	8839
for the class of work called for by the public improvement, in the	8840
locality where the work is to be performed. Such schedule of wages	8841
shall be attached to and made part of the specifications for the	8842
work, and shall be printed on the bidding blanks where the work is	8843
done by contract. A copy of the bidding blank shall be filed with	8844
the director before such contract is awarded. A minimum rate of	8845
wages for common laborers, on work coming under the jurisdiction	8846
of the department of transportation, shall be fixed in each county	8847
of the state by said department of transportation, in accordance	8848
with section 4115.05 of the Revised Code.	8849

(B) Sections 4115.03 to 4115.16 of the Revised Code do not	8850
apply to:	8851

(1) Public improvements in any case where the federal	8852
government or any of its agencies furnishes by loan or grant all	8853
or any part of the funds used in constructing such improvements,	8854
provided the federal government or any of its agencies prescribes	8855
predetermined minimum wages to be paid to mechanics and laborers	8856
employed in the construction of such improvements;	8857

(2) A participant in a work activity, developmental activity,	8858
or an alternative work activity under sections 5107.40 to 5107.69	8859
of the Revised Code when a public authority directly uses the	8860
labor of the participant to construct a public improvement if the	8861
participant is not engaged in paid employment or subsidized	8862
employment pursuant to the activity;	8863

(3) Public improvements undertaken by, or under contract for,	8864
the board of education of any school district or the governing	8865
board of any educational service center;	8866

(4) Public improvements undertaken by, or under contract for,	8867
a county hospital operated pursuant to Chapter 339. of the Revised	8868
Code or a municipal hospital operated pursuant to Chapter 749. of	8869
the Revised Code if none of the funds used in constructing the	8870
improvements are the proceeds of bonds or other obligations which	8871
are secured by the full faith and credit of the state, a county, a	8872
township, or a municipal corporation and none of the funds used in	8873
constructing the improvements, including funds used to repay any	8874
amounts borrowed to construct the improvements, are funds that	8875
have been appropriated for that purpose by the state, a board of	8876
county commissioners, a township, or a municipal corporation from	8877
funds generated by the levy of a tax; provided, however, that a	8878
county hospital or municipal hospital may elect to apply sections	8879
4115.03 to 4115.16 of the Revised Code to a public improvement	8880
undertaken by, or under contract for, the hospital;	8881

(5) Any project described in divisions (D)(1)(a) to (D)(1)(e)	8882
of section 176.05 of the Revised Code.	8883

Sec. 4121.121.  (A) There is hereby created the bureau of	8884
workers' compensation, which shall be administered by the	8885
administrator of workers' compensation. A person appointed to the	8886
position of administrator shall possess significant management	8887
experience in effectively managing an organization or	8888
organizations of substantial size and complexity. The governor	8889
shall appoint the administrator as provided in section 121.03 of	8890
the Revised Code, and the administrator shall serve at the	8891
pleasure of the governor. The governor shall fix the	8892
administrator's salary on the basis of the administrator's	8893
experience and the administrator's responsibilities and duties	8894
under this chapter and Chapters 4123., 4127., 4131., and 4167. of	8895
the Revised Code. The governor shall not appoint to the position	8896
of administrator any person who has, or whose spouse has, given a	8897
contribution to the campaign committee of the governor in an	8898
amount greater than one thousand dollars during the two-year	8899
period immediately preceding the date of the appointment of the	8900
administrator.	8901

The administrator shall hold no other public office and shall	8902
devote full time to the duties of administrator. Before entering	8903
upon the duties of the office, the administrator shall take an	8904
oath of office as required by sections 3.22 and 3.23 of the	8905
Revised Code, and shall file in the office of the secretary of	8906
state, a bond signed by the administrator and by surety approved	8907
by the governor, for the sum of fifty thousand dollars payable to	8908
the state, conditioned upon the faithful performance of the	8909
administrator's duties.	8910

(B) The administrator is responsible for the management of	8911
the bureau of workers' compensation and for the discharge of all	8912
administrative duties imposed upon the administrator in this	8913
chapter and Chapters 4123., 4127., 4131., and 4167. of the Revised	8914
Code, and in the discharge thereof shall do all of the following:	8915

(1) Establish the overall administrative policy of the bureau	8916
for the purposes of this chapter and Chapters 4123., 4127., 4131.,	8917
and 4167. of the Revised Code, and perform all acts and exercise	8918
all authorities and powers, discretionary and otherwise that are	8919
required of or vested in the bureau or any of its employees in	8920
this chapter and Chapters 4123., 4127., 4131., and 4167. of the	8921
Revised Code, except the acts and the exercise of authority and	8922
power that is required of and vested in the oversight commission	8923
or the industrial commission pursuant to those chapters. The	8924
treasurer of state shall honor all warrants signed by the	8925
administrator, or by one or more of the administrator's employees,	8926
authorized by the administrator in writing, or bearing the	8927
facsimile signature of the administrator or such employee under	8928
sections 4123.42 and 4123.44 of the Revised Code.	8929

(2) Employ, direct, and supervise all employees required in	8930
connection with the performance of the duties assigned to the	8931
bureau by this chapter and Chapters 4123., 4127., 4131., and 4167.	8932
of the Revised Code, and may establish job classification plans	8933
and compensation for all employees of the bureau provided that	8934
this grant of authority shall not be construed as affecting any	8935
employee for whom the state employment relations board has	8936
established an appropriate bargaining unit under section 4117.06	8937
of the Revised Code. All positions of employment in the bureau are	8938
in the classified civil service except those employees the	8939
administrator may appoint to serve at the administrator's pleasure	8940
in the unclassified civil service pursuant to section 124.11 of	8941
the Revised Code. The administrator shall fix the salaries of	8942
employees the administrator appoints to serve at the	8943
administrator's pleasure, including the chief operating officer,	8944
staff physicians, and other senior management personnel of the	8945
bureau and shall establish the compensation of staff attorneys of	8946
the bureau's legal section and their immediate supervisors, and	8947
take whatever steps are necessary to provide adequate compensation	8948
for other staff attorneys.	8949

The administrator may appoint a person holdingwho holds a	8950
certified position in the classified service within the bureau to	8951
any statea position in the unclassified service ofwithin the	8952
bureau of workers' compensation. A person so appointed pursuant to	8953
this division to a position in the unclassified service shall	8954
retain the right to resume the position and status held by the	8955
person in the classified service immediately prior to the person's	8956
appointment in the unclassified service. If the position the	8957
person previously held has been filled or placed in the	8958
unclassified service, or is otherwise unavailable, the person	8959
shall be appointed to a position in the classified service within	8960
the bureau that the department of administrative services	8961
certifies is comparable in compensation to the position the person	8962
previously held. Reinstatement, regardless of the number of	8963
positions the person held in the unclassified service. An	8964
employee's right to resume a position in the classified service	8965
may only be exercised when the administrator demotes the employee	8966
to a pay range lower than the employee's current pay range or	8967
revokes the employee's appointment to the unclassified service. An	8968
employee forfeits the right to resume a position in the classified	8969
service when the employee is removed from the position in the	8970
unclassified service due to incompetence, inefficiency,	8971
dishonesty, drunkenness, immoral conduct, insubordination,	8972
discourteous treatment of the public, neglect of duty, violation	8973
of this chapter or Chapter 124., 4123., 4127., 4131., or 4167. of	8974
the Revised Code, violation of the rules of the director of	8975
administrative services or the administrator of workers'	8976
compensation, any other failure of good behavior, any other acts	8977
of misfeasance, malfeasance, or nonfeasance in office, or	8978
conviction of a felony. An employee also forfeits the right to	8979
resume a position in the classified service upon transfer to a	8980
different agency.	8981

Reinstatement to a position in the classified service shall	8982
be to a position substantially equal to that position in the	8983
classified service held previously, as certified by the department	8984
of administrative services. If the position the person previously	8985
held in the classified service has been placed in the unclassified	8986
service or is otherwise unavailable, the person shall be appointed	8987
to a position in the classified service within the bureau that the	8988
director of administrative services certifies is comparable in	8989
compensation to the position the person previously held in the	8990
classified service. Service in the position in the unclassified	8991
service shall be counted as service in the position in the	8992
classified service held by the person immediately prior to the	8993
person's appointment in the unclassified service. When a person is	8994
reinstated to a position in the classified service as provided in	8995
this sectiondivision, the person is entitled to all rights,	8996
status, and benefits accruing to the position during the person's	8997
time of service in the position in the unclassified service.	8998

(3) Reorganize the work of the bureau, its sections,	8999
departments, and offices to the extent necessary to achieve the	9000
most efficient performance of its functions and to that end may	9001
establish, change, or abolish positions and assign and reassign	9002
duties and responsibilities of every employee of the bureau. All	9003
persons employed by the commission in positions that, after	9004
November 3, 1989, are supervised and directed by the administrator	9005
under this section are transferred to the bureau in their	9006
respective classifications but subject to reassignment and	9007
reclassification of position and compensation as the administrator	9008
determines to be in the interest of efficient administration. The	9009
civil service status of any person employed by the commission is	9010
not affected by this section. Personnel employed by the bureau or	9011
the commission who are subject to Chapter 4117. of the Revised	9012
Code shall retain all of their rights and benefits conferred	9013
pursuant to that chapter as it presently exists or is hereafter	9014
amended and nothing in this chapter or Chapter 4123. of the	9015
Revised Code shall be construed as eliminating or interfering with	9016
Chapter 4117. of the Revised Code or the rights and benefits	9017
conferred under that chapter to public employees or to any	9018
bargaining unit.	9019

(4) Provide offices, equipment, supplies, and other	9020
facilities for the bureau.	9021

(5) Prepare and submit to the oversight commission	9022
information the administrator considers pertinent or the oversight	9023
commission requires, together with the administrator's	9024
recommendations, in the form of administrative rules, for the	9025
advice and consent of the oversight commission, for	9026
classifications of occupations or industries, for premium rates	9027
and contributions, for the amount to be credited to the surplus	9028
fund, for rules and systems of rating, rate revisions, and merit	9029
rating. The administrator shall obtain, prepare, and submit any	9030
other information the oversight commission requires for the prompt	9031
and efficient discharge of its duties.	9032

(6) Keep the accounts required by division (A) of section	9033
4123.34 of the Revised Code and all other accounts and records	9034
necessary to the collection, administration, and distribution of	9035
the workers' compensation funds and shall obtain the statistical	9036
and other information required by section 4123.19 of the Revised	9037
Code.	9038

(7) Exercise the investment powers vested in the	9039
administrator by section 4123.44 of the Revised Code in accordance	9040
with the investment objectives, policies, and criteria established	9041
by the oversight commission pursuant to section 4121.12 of the	9042
Revised Code and in consultation with the chief investment officer	9043
of the bureau of workers' compensation. The administrator shall	9044
not engage in any prohibited investment activity specified by the	9045
oversight commission pursuant to division (G)(6) of section	9046
4121.12 of the Revised Code and shall not invest in any type of	9047
investment specified in divisiondivisions (G)(6)(a) to (j) of	9048
that section. All business shall be transacted, all funds	9049
invested, all warrants for money drawn and payments made, and all	9050
cash and securities and other property held, in the name of the	9051
bureau, or in the name of its nominee, provided that nominees are	9052
authorized by the administrator solely for the purpose of	9053
facilitating the transfer of securities, and restricted to the	9054
administrator and designated employees.	9055

(8) Make contracts for and supervise the construction of any	9056
project or improvement or the construction or repair of buildings	9057
under the control of the bureau.	9058

(9) Purchase supplies, materials, equipment, and services;	9059
make contracts for, operate, and superintend the telephone, other	9060
telecommunication, and computer services for the use of the	9061
bureau; and make contracts in connection with office reproduction,	9062
forms management, printing, and other services. Notwithstanding	9063
sections 125.12 to 125.14 of the Revised Code, the administrator	9064
may transfer surplus computers and computer equipment directly to	9065
an accredited public school within the state. The computers and	9066
computer equipment may be repaired or refurbished prior to the	9067
transfer.	9068

(10) Separately from the budget the industrial commission	9069
submits, prepare and submit to the director of budget and	9070
management a budget for each biennium. The budget submitted shall	9071
include estimates of the costs and necessary expenditures of the	9072
bureau in the discharge of any duty imposed by law.	9073

(11) As promptly as possible in the course of efficient	9074
administration, decentralize and relocate such of the personnel	9075
and activities of the bureau as is appropriate to the end that the	9076
receipt, investigation, determination, and payment of claims may	9077
be undertaken at or near the place of injury or the residence of	9078
the claimant and for that purpose establish regional offices, in	9079
such places as the administrator considers proper, capable of	9080
discharging as many of the functions of the bureau as is	9081
practicable so as to promote prompt and efficient administration	9082
in the processing of claims. All active and inactive lost-time	9083
claims files shall be held at the service office responsible for	9084
the claim. A claimant, at the claimant's request, shall be	9085
provided with information by telephone as to the location of the	9086
file pertaining to the claimant's claim. The administrator shall	9087
ensure that all service office employees report directly to the	9088
director for their service office.	9089

(12) Provide a written binder on new coverage where the	9090
administrator considers it to be in the best interest of the risk.	9091
The administrator, or any other person authorized by the	9092
administrator, shall grant the binder upon submission of a request	9093
for coverage by the employer. A binder is effective for a period	9094
of thirty days from date of issuance and is nonrenewable. Payroll	9095
reports and premium charges shall coincide with the effective date	9096
of the binder.	9097

(13) Set standards for the reasonable and maximum handling	9098
time of claims payment functions, ensure, by rules, the impartial	9099
and prompt treatment of all claims and employer risk accounts, and	9100
establish a secure, accurate method of time stamping all incoming	9101
mail and documents hand delivered to bureau employees.	9102

(14) Ensure that all employees of the bureau follow the	9103
orders and rules of the commission as such orders and rules relate	9104
to the commission's overall adjudicatory policy-making and	9105
management duties under this chapter and Chapters 4123., 4127.,	9106
and 4131. of the Revised Code.	9107

(15) Manage and operate a data processing system with a	9108
common data base for the use of both the bureau and the commission	9109
and, in consultation with the commission, using electronic data	9110
processing equipment, shall develop a claims tracking system that	9111
is sufficient to monitor the status of a claim at any time and	9112
that lists appeals that have been filed and orders or	9113
determinations that have been issued pursuant to section 4123.511	9114
or 4123.512 of the Revised Code, including the dates of such	9115
filings and issuances.	9116

(16) Establish and maintain a medical section within the	9117
bureau. The medical section shall do all of the following:	9118

(a) Assist the administrator in establishing standard medical	9119
fees, approving medical procedures, and determining eligibility	9120
and reasonableness of the compensation payments for medical,	9121
hospital, and nursing services, and in establishing guidelines for	9122
payment policies which recognize usual, customary, and reasonable	9123
methods of payment for covered services;	9124

(b) Provide a resource to respond to questions from claims	9125
examiners for employees of the bureau;	9126

(c) Audit fee bill payments;

9127

(d) Implement a program to utilize, to the maximum extent	9128
possible, electronic data processing equipment for storage of	9129
information to facilitate authorizations of compensation payments	9130
for medical, hospital, drug, and nursing services;	9131

(e) Perform other duties assigned to it by the administrator.

9132

(17) Appoint, as the administrator determines necessary,	9133
panels to review and advise the administrator on disputes arising	9134
over a determination that a health care service or supply provided	9135
to a claimant is not covered under this chapter or Chapter 4123.	9136
of the Revised Code or is medically unnecessary. If an individual	9137
health care provider is involved in the dispute, the panel shall	9138
consist of individuals licensed pursuant to the same section of	9139
the Revised Code as such health care provider.	9140

(18) Pursuant to section 4123.65 of the Revised Code, approve	9141
applications for the final settlement of claims for compensation	9142
or benefits under this chapter and Chapters 4123., 4127., and	9143
4131. of the Revised Code as the administrator determines	9144
appropriate, except in regard to the applications of self-insuring	9145
employers and their employees.	9146

(19) Comply with section 3517.13 of the Revised Code, and	9147
except in regard to contracts entered into pursuant to the	9148
authority contained in section 4121.44 of the Revised Code, comply	9149
with the competitive bidding procedures set forth in the Revised	9150
Code for all contracts into which the administrator enters	9151
provided that those contracts fall within the type of contracts	9152
and dollar amounts specified in the Revised Code for competitive	9153
bidding and further provided that those contracts are not	9154
otherwise specifically exempt from the competitive bidding	9155
procedures contained in the Revised Code.	9156

(20) Adopt, with the advice and consent of the oversight	9157
commission, rules for the operation of the bureau.	9158

(21) Prepare and submit to the oversight commission	9159
information the administrator considers pertinent or the oversight	9160
commission requires, together with the administrator's	9161
recommendations, in the form of administrative rules, for the	9162
advice and consent of the oversight commission, for the health	9163
partnership program and the qualified health plan system, as	9164
provided in sections 4121.44, 4121.441, and 4121.442 of the	9165
Revised Code.	9166

(C) The administrator, with the advice and consent of the	9167
senate, shall appoint a chief operating officer who has	9168
significant experience in the field of workers' compensation	9169
insurance or other similar insurance industry experience if the	9170
administrator does not possess such experience. The chief	9171
operating officer shall not commence the chief operating officer's	9172
duties until after the senate consents to the chief operating	9173
officer's appointment. The chief operating officer shall serve in	9174
the unclassified civil service of the state.	9175

Sec. 4503.068.  On or before the second Monday in September	9176
of each year, the county treasurer shall total the amount by which	9177
the taxes levied in that year were reduced pursuant to section	9178
4503.067 of the Revised Code, and certify that amount to the tax	9179
commissioner. Within ninety days of the receipt of the	9180
certification, the commissioner shall certify that amount to the	9181
auditordirector of statebudget and management and the auditor	9182
director shall make two payments from the general revenue fund in	9183
favor of the county treasurer. One shall be in the full amount by	9184
which taxes were reduced. The other shall be in an amount equal to	9185
two per cent of such amount and shall be a payment to the county	9186
auditor and county treasurer for the costs of administering	9187
sections 4503.064 to 4503.069 of the Revised Code.	9188

Immediately upon receipt of the payment in the full amount by	9189
which taxes were reduced, the full amount of the payment shall be	9190
distributed among the taxing districts in the county as though it	9191
had been received as taxes under section 4503.06 of the Revised	9192
Code from each person for whom taxes were reduced under sections	9193
4503.064 to 4503.069 of the Revised Code.	9194

Sec. 4710.02.  (A) Subject to division (C) of this section, a	9195
person engaged in debt adjusting shall do bothall of the	9196
following:	9197

(1) Unless specifically instructed otherwise by a debtor,	9198
disburse to the appropriate creditors all funds received from the	9199
debtor, less any contributions not prohibited by division (B) of	9200
this section, within thirty days of receipt of the funds from the	9201
debtor;	9202

(2) Maintain a separate trust account for the receipt of any	9203
funds from debtors and the disbursement of the funds to creditors	9204
on behalf of the debtors;	9205

(3) Charge or accept only reasonable fees or contributions in	9206
accordance with division (B) of this section;	9207

(4) Establish and implement a policy that allows for the	9208
waiver or discontinuation of fees or contributions not prohibited	9209
by division (B) of this section if the debtor is unable to pay	9210
such fees or contributions.	9211

(B) If fees or contributions for engaging inproviding debt	9212
adjusting services are charged or accepted, directly or	9213
indirectly, no person providing or engaged in debt adjusting shall	9214
do any of the following:	9215

(1) Accept aCharge or accept a fee or contribution exceeding	9216
seventy-five dollars from a debtor residing in this state for an	9217
initial consultation or initial set up of a debt management plan	9218
or similar plan;	9219

(2) Accept aCharge or accept consultation contributionfees	9220
or contributions exceeding one hundred dollars per calendar year	9221
from a debtor residing in this state;	9222

(3) AcceptCharge or accept a periodic fee or contribution	9223
from a debtor residing in this state for administering a debt	9224
management plan or similar plan, which fee or contribution exceeds	9225
eight and one-half per cent of the amount paid by the debtor each	9226
month for distribution to the debtor's creditors or thirty	9227
dollars, whichever is greater.	9228

(C) Division (A) or (B) of this section does not prohibit a	9229
person engaged in debt adjusting for a debtor who is residing in	9230
this state from charging the debtor a reasonable fee for	9231
insufficient funds transactions that is in addition to fees or	9232
contributions not prohibited by division (B) of this section.	9233

(D) Any person that engages in debt adjusting, annually,	9234
shall arrange for and undergo an audit conducted by an	9235
independent, third party, certified public accountant of the	9236
person's business, including any trust funds deposited and	9237
distributed to creditors on behalf of debtors. Both of the	9238
following apply to an audit described in this division:	9239

(1) The person shall file the results of the audit and the	9240
auditor's opinion with the consumer protection division of the	9241
attorney general.	9242

(2) The attorney general shall make available a summary of	9243
the results of the audit and the auditor's opinion upon written	9244
request of a person and payment of a fee not exceeding the cost of	9245
copying the summary and opinion.	9246

(E) A person engaged in debt adjusting shall obtain and	9247
maintain at all times insurance coverage for employee dishonesty,	9248
depositor's forgery, and computer fraud in the amount of ten per	9249
cent of the monthly average for the immediate preceding six months	9250
of the aggregate amount of all deposits made with the person by	9251
all debtors. The insurance coverage shall comply with all of the	9252
following:	9253

(1) The insurance coverage is not less than one hundred	9254
thousand dollars.	9255

(2) The insurance coverage includes a deductible that does	9256
not exceed ten per cent of the face amount of the policy coverage.	9257

(3) The insurance coverage is issued by an insurer rated at	9258
least A- or its equivalent by a nationally recognized rating	9259
organization.	9260

(4) The insurance coverage provides that thirty days advance	9261
written notice be given to the consumer protection division of the	9262
attorney general before coverage is terminated.	9263

(F)(1) No person engaged in debt adjusting shall fail to	9264
comply with division (A) of this section or shall violate division	9265
(B) of this section.	9266

(2) No person engaged in debt adjusting shall fail to comply	9267
with divisions (D) and (E) of this section.	9268

Sec. 4728.03.  (A) As used in this section, "experience and	9269
fitness in the capacity involved" means that the applicant for a	9270
precious metals dealer's license has had sufficient financial	9271
responsibility, reputation, and experience in the business of	9272
precious metals dealer, or a related business, to act as a	9273
precious metals dealer in compliance with this chapter.	9274

(B)(1) The division of financial institutions in the	9275
department of commerce may grant a precious metals dealer's	9276
license to any person of good character, having experience and	9277
fitness in the capacity involved, who demonstrates a net worth of	9278
at least ten thousand dollars and the ability to maintain that net	9279
worth during the licensure period. The superintendent of financial	9280
institutions shall compute the applicant's net worth according to	9281
generally accepted accounting principles.	9282

(2) In place of the demonstration of net worth required by	9283
division (B)(1) of this section, an applicant may obtain a surety	9284
bond issued by a surety company authorized to do business in this	9285
state if all of the following conditions are met:	9286

(a) A copy of the surety bond is filed with the division;

9287

(b) The bond is in favor of any person, and of the state for	9288
the benefit of any person, injured by any violation of this	9289
chapter;	9290

(c) The bond is in the amount of not less than ten thousand	9291
dollars.	9292

(3) Before granting a license under this division, the	9293
division shall determine that the applicant meets the requirements	9294
of division (B)(1) or (2) of this section.	9295

(C) The division shall require an applicant for a precious	9296
metals dealer's license to pay to the division a nonrefundable,	9297
initial investigation fee of two hundred dollars which shall be	9298
for the exclusive use of the state. The license fee for a precious	9299
metals dealer's license and the renewal fee shall be determined by	9300
the superintendent, provided that the fee may not exceed three	9301
hundred dollars. A license issued by the division shall expire on	9302
the last day of June next following the date of its issuance.	9303
Fifty per cent of license fees shall be for the use of the state,	9304
and fifty per cent shall be paid to the municipal corporation, or	9305
if outside the limits of any municipal corporation, to the county	9306
in which the office of the licensee is located. All portions of	9307
license fees payable to municipal corporations or counties shall	9308
be paid as they accrue, by the treasurer of state, on vouchers	9309
issued by the auditordirector of statebudget and management.	9310

(D) Every such license shall be renewed annually by the last	9311
day of June according to the standard renewal procedure of	9312
sections Chapter 4745. of the Revised Code. No license shall be	9313
granted to any person not a resident of or the principal office of	9314
which is not located in the municipal corporation or county	9315
designated in such license, unless, and until such applicant	9316
shall, in writing and in due form, to be first approved by and	9317
filed with the division, appoint an agent, a resident of the	9318
state, and city or county where the office is to be located, upon	9319
whom all judicial and other process, or legal notice, directed to	9320
the applicant may be served; and in case of the death, removal	9321
from the state, or any legal disability or any disqualification of	9322
any agent, service of process or notice may be made upon the	9323
superintendent.	9324

(E) The division may, pursuant to Chapter 119. of the Revised	9325
Code, upon notice to the licensee and after giving the licensee	9326
reasonable opportunity to be heard, revoke or suspend any license,	9327
if the licensee or the licensee's officers, agents, or employees	9328
violate this chapter. Whenever, for any cause, the license is	9329
revoked or suspended, the division shall not issue another license	9330
to the licensee nor to the husband or wife of the licensee, nor to	9331
any copartnership or corporation of which the licensee is an	9332
officer, nor to any person employed by the licensee, until the	9333
expiration of at least one year from the date of revocation of the	9334
license.	9335

(F) In conducting an investigation to determine whether an	9336
applicant satisfies the requirements for licensure under this	9337
section, the superintendent may request that the superintendent of	9338
the bureau of criminal identification and investigation	9339
investigate and determine whether the bureau has procured any	9340
information pursuant to section 109.57 of the Revised Code	9341
pertaining to the applicant.	9342

If the superintendent of financial institutions determines	9343
that conducting an investigation to determine whether an applicant	9344
satisfies the requirements for licensure under this section will	9345
require procuring information outside the state, then, in addition	9346
to the fee established under division (C) of this section, the	9347
superintendent may require the applicant to pay any of the actual	9348
expenses incurred by the division to conduct such an	9349
investigation, provided that the superintendent shall assess the	9350
applicant a total no greater than one thousand dollars for such	9351
expenses. The superintendent may require the applicant to pay in	9352
advance of the investigation, sufficient funds to cover the	9353
estimated cost of the actual expenses. If the superintendent	9354
requires the applicant to pay investigation expenses, the	9355
superintendent shall provide to the applicant an itemized	9356
statement of the actual expenses incurred by the division to	9357
conduct the investigation.	9358

(G)(1) Except as otherwise provided in division (G)(2) of	9359
this sectionssection a precious metals dealer licensed under this	9360
section shall maintain a net worth of at least ten thousand	9361
dollars, computed as required under division (B)(1) of this	9362
section, for as long as the licensee holds a valid precious metals	9363
dealer's license issued pursuant to this section.	9364

(2) A licensee who obtains a surety bond under division	9365
(B)(2) of this section is exempt from the requirement of division	9366
(G)(1) of this section, but shall maintain the bond for at least	9367
two years after the date on which the licensee ceases to conduct	9368
business in this state.	9369

Sec. 4733.14.  The state board of registration for	9370
professional engineers and surveyors shall, upon payment of the	9371
registration fee, register and issue a certificate showing initial	9372
registration of an applicant who, in the opinion of the board, has	9373
satisfactorily met all the requirements of this chapter. In the	9374
case of a registered professional engineer, the certificate shall	9375
authorize the practice of "professional engineering," and in the	9376
case of a registered professional surveyor, the certificate shall	9377
authorize the practice of "professional surveying." Certificates	9378
of registration shall show the full name of the registrant, shall	9379
have a serial number, and shall be signed by the chairperson and	9380
the secretary of the board under seal of the board.	9381

Registration by the board shall be evidence that the person	9382
named therein is entitled to all the rights and privileges of a	9383
registered professional engineer, or of a registered professional	9384
surveyor, while the registration remains unrevoked or unexpired.	9385

Each registrant may, upon completing registration, obtain a	9386
seal of the design authorized by the board, bearing the	9387
registrant's name and the legend, "registered professional	9388
engineer," or "registered professional surveyor," provided,	9389
however, that any registered surveyor's seal obtained prior to the	9390
amendment of this section effective April 4, 1985, 140 Ohio Laws	9391
4092, shall remain as a legal seal for any registrant who was	9392
registered as a "registered surveyor." Plans, specifications,	9393
plats, reports, and all other engineering or surveying work	9394
products issued by a registrant shall be stamped with the seal or	9395
bear a computer-generated seal in accordance with this section,	9396
and be signed and dated by the registrant or bear a	9397
computer-generated seal and electronic signature and date, but no	9398
person shall stamp, seal, or sign any documents after the	9399
registration of the registrant named thereon has expired or the	9400
registration has been revoked or suspended, unless the	9401
registration has been renewed or reissued.	9402

Except when documents are transmitted electronically to	9403
clients or to governmental agencies, computer-generated seals may	9404
be used on final original drawings on the condition that a	9405
handwritten signature and date is placed adjacent to or across the	9406
seal. Plans, specifications, plats, reports, and all other	9407
engineering or surveying work products that are transmitted	9408
electronically to a client or a governmental agency shall have the	9409
computer-generated seal removed from the electronic file before	9410
transmittal. An electronic transmission with no computer-generated	9411
seal shall have the following inserted in place of the signature	9412
and date: "This document was originally issued by	9413
.................... (name of registrant) on .......... (date).	9414
This document is not considered a sealed document."	9415

Sec. 4763.03.  (A) In addition to any other duties imposed on	9416
the real estate appraiser board under this chapter, the board	9417
shall:	9418

(1) Adopt rules, in accordance with Chapter 119. of the	9419
Revised Code, in furtherance of this chapter, including, but not	9420
limited to, all of the following:	9421

(a) Defining, with respect to state-certified general real	9422
estate appraisers, state-certified residential real estate	9423
appraisers, and state-licensed residential real estate appraisers,	9424
the type of educational experience, appraisal experience, and	9425
other equivalent experience that satisfy the requirements of this	9426
chapter. The rules shall require that all appraisal experience	9427
performed after January 1, 1996, meet the uniform standards of	9428
professional practice established by the appraisal foundation.	9429

(b) Establishing the examination specifications for	9430
state-certified general real estate appraisers, state-certified	9431
residential real estate appraisers, and state-licensed residential	9432
real estate appraisers;	9433

(c) Relating to disciplinary proceedings conducted in	9434
accordance with section 4763.11 of the Revised Code, including	9435
rules governing the reinstatement of certificates, registrations,	9436
and licenses that have been suspended pursuant to those	9437
proceedings;	9438

(d) Identifying any additional information to be included on	9439
the forms specified in division (C) of section 4763.12 of the	9440
Revised Code, provided that the rules shall not require any less	9441
information than is required in that division;	9442

(e) Establishing the fees set forth in section 4763.09 of the	9443
Revised Code;	9444

(f) Establishing the amount of the assessment required by	9445
division (A)(2) of section 4763.05 of the Revised Code. The board	9446
annually shall determine the amount due from each applicant for an	9447
initial certificate, registration, and license in an amount that	9448
will maintain the real estate appraiser recovery fund at the level	9449
specified in division (A) of section 4763.16 of the Revised Code.	9450
The board may, if the fund falls below that amount, require	9451
current certificate holders, registrants, and licensees to pay an	9452
additional assessment.	9453

(g) Defining, with respect to state-registered real estate	9454
appraiser assistants, the educational and experience requirements	9455
ofpursuant to division (C)(1)(d) of section 4763.05 of the	9456
Revised Code;	9457

(h) Establishing a real estate appraiser assistant program	9458
for the registration of real estate appraiser assistants.	9459

(2) Provide or procure appropriate examination questions and	9460
answers forPrescribe by rule the requirements for the	9461
examinations required by division (D) of section 4763.05 of the	9462
Revised Code, and establish the criteria for successful completion	9463
of those examinations;	9464

(3) Periodically review the standards for preparation and	9465
reporting of real estate appraisals provided in this chapter and	9466
adopt rules explaining and interpreting those standards;	9467

(4) Hear appeals, pursuant to Chapter 119. of the Revised	9468
Code, from decisions and orders the superintendent of real estate	9469
issues pursuant to this chapter;	9470

(5) Request the initiation by the superintendent of	9471
investigations of violations of this chapter or the rules adopted	9472
pursuant thereto, as the board determines appropriate;	9473

(6) Determine the appropriate disciplinary actions to be	9474
taken against certificate holders, registrants, and licensees	9475
under this chapter as provided in section 4763.11 of the Revised	9476
Code.	9477

(B) In addition to any other duties imposed on the	9478
superintendent of real estate under this chapter, the	9479
superintendent shall:	9480

(1) Prescribe the form and content of all applications	9481
required by this chapter;	9482

(2) Receive applications for certifications, registrations,	9483
and licenses and renewal thereof under this chapter and establish	9484
the procedures for processing, approving, and disapproving those	9485
applications;	9486

(3) Retain records and all application materials submitted to	9487
the superintendent;	9488

(4) Establish the time and place for conducting the	9489
examinations required by division (D) of section 4763.05 of the	9490
Revised Code;	9491

(5) Issue certificates, registrations, and licenses and	9492
maintain a register of the names and addresses of all persons	9493
issued a certificate, registration, or license under this chapter;	9494

(6) Perform any other functions and duties, including the	9495
employment of staff, necessary to administer this chapter;	9496

(7) Administer this chapter;

9497

(8) Issue all orders necessary to implement this chapter;

9498

(9) Investigate complaints, upon the superintendent's own	9499
motion or upon receipt of a complaint or upon a request of the	9500
board, concerning any violation of this chapter or the rules	9501
adopted pursuant thereto or the conduct of any person holding a	9502
certificate, registration, or license issued pursuant to this	9503
chapter;	9504

(10) Establish and maintain an investigation and audit	9505
section to investigate complaints and conduct inspections, audits,	9506
and other inquiries as in the judgment of the superintendent are	9507
appropriate to enforce this chapter. The investigators and	9508
auditors have the right to review and audit the business records	9509
of certificate holders, registrants, and licensees during normal	9510
business hours. The superintendent may utilize the investigators	9511
and auditors employed pursuant to division (B)(4) of section	9512
4735.05 of the Revised Code or currently licensed certificate	9513
holders or licensees to assist in performing the duties of this	9514
division.	9515

(11) Appoint a referee or examiner for any proceeding	9516
involving the revocation or suspension of a certificate,	9517
registration, or license under section 3123.47 or 4763.11 of the	9518
Revised Code;	9519

(12) Administer the real estate appraiser recovery fund;

9520

(13) Conduct the examinations required by division (D) of	9521
section 4763.05 of the Revised Code at least four times per year.	9522

(C) The superintendent may do all of the following:

9523

(1) In connection with investigations and audits under	9524
division (B) of this section, subpoena witnesses as provided in	9525
section 4763.04 of the Revised Code;	9526

(2) Apply to the appropriate court to enjoin any violation of	9527
this chapter. Upon a showing by the superintendent that any person	9528
has violated or is about to violate this chapter, the court shall	9529
grant an injunction, restraining order, or other appropriate	9530
relief, or any combination thereof.	9531

(D) All information that is obtained by investigators and	9532
auditors performing investigations or conducting inspections,	9533
audits, and other inquiries pursuant to division (B)(10) of this	9534
section, from certificate holders, registrants, licensees,	9535
complainants, or other persons, and all reports, documents, and	9536
other work products that arise from that information and that are	9537
prepared by the investigators, auditors, or other personnel of the	9538
department of commerce, shall be held in confidence by the	9539
superintendent, the investigators and auditors, and other	9540
personnel of the department.	9541

(E) This section does not prevent the division of real estate	9542
and professional licensing from releasing information relating to	9543
certificate holders, registrants, and licensees to the	9544
superintendent of financial institutions for purposes relating to	9545
the administration of sections 1322.01 to 1322.12 of the Revised	9546
Code, to the superintendent of insurance for purposes relating to	9547
the administration of Chapter 3953. of the Revised Code, to the	9548
attorney general, or to local law enforcement agencies and local	9549
prosecutors. Information released by the division pursuant to this	9550
section remains confidential.	9551

(F) Any rule the board adopts shall not exceed the	9552
requirements specified in federal law or regulations.	9553

Sec. 4763.05. (A)(1)(a) A person shall make application for	9554
an initial state-certified general real estate appraiser	9555
certificate, an initial state-certified residential real estate	9556
appraiser certificate, an initial state-licensed residential real	9557
estate appraiser license, or an initial state-registered real	9558
estate appraiser assistant registration in writing to the	9559
superintendent of real estate on a form the superintendent	9560
prescribes. The application shall include the address of the	9561
applicant's principal place of business and all other addresses at	9562
which the applicant currently engages in the business of preparing	9563
real estate appraisals and the address of the applicant's current	9564
residence. The superintendent shall retain the applicant's current	9565
residence address in a separate record which shall not constitute	9566
a public record for purposes of section 149.03 of the Revised	9567
Code. The application shall indicate whether the applicant seeks	9568
certification as a general real estate appraiser or as a	9569
residential real estate appraiser, licensure as a residential real	9570
estate appraiser, or registration as a real estate appraiser	9571
assistant and be accompanied by the prescribed examination and	9572
certification, registration, or licensure fees set forth in	9573
section 4763.09 of the Revised Code. The application also shall	9574
include a fingerprint of the applicant; a pledge, signed by the	9575
applicant, that the applicant will comply with the standards set	9576
forth in this chapter; and a statement that the applicant	9577
understands the types of misconduct for which disciplinary	9578
proceedings may be initiated against the applicant pursuant to	9579
this chapter.	9580

(b) Upon the filing of an application and payment of any	9581
examination and certification, registration, or licensure fees,	9582
the superintendent of real estate shall request the superintendent	9583
of the bureau of criminal identification and investigation, or a	9584
vendor approved by the bureau, to conduct a criminal records check	9585
based on the applicant's fingerprints in accordance with division	9586
(A)(11) of section 109.572 of the Revised Code. Notwithstanding	9587
division (J) of section 121.08 of the Revised Code, the	9588
superintendent of real estate shall request that criminal record	9589
information from the federal bureau of investigation be obtained	9590
as part of the criminal records check. Any fee required under	9591
division (C)(3) of section 109.572 of the Revised Code shall be	9592
paid by the applicant.	9593

(2) For purposes of providing funding for the real estate	9594
appraiser recovery fund established by section 4763.16 of the	9595
Revised Code, the real estate appraiser board shall levy an	9596
assessment against each person issued an initial certificate,	9597
registration, or license and against current licensees,	9598
registrants, and certificate holders, as required by board rule.	9599
The assessment is in addition to the application and examination	9600
fees for initial applicants required by division (A)(1) of this	9601
section and the renewal fees required for current certificate	9602
holders, registrants, and licensees. The superintendent of real	9603
estate shall deposit the assessment into the state treasury to the	9604
credit of the real estate appraiser recovery fund. The assessment	9605
for initial certificate holders, registrants, and licensees shall	9606
be paid prior to the issuance of a certificate, registration, or	9607
license, and for current certificate holders, registrants, and	9608
licensees, at the time of renewal.	9609

(B) An applicant for an initial general real estate appraiser	9610
certificate, residential real estate appraiser certificate, or	9611
residential real estate appraiser license shall possess at least	9612
thirty months of experience in real estate appraisal, or any	9613
equivalent experience the board prescribes. An applicant for a	9614
residential real estate appraiser certificate or residential real	9615
estate appraiser license shall possess at least two years of	9616
experience in real estate appraisal, or any equivalent experience	9617
as the board prescribes by rule. In addition to any other	9618
information required by the board, the applicant shall furnish,	9619
under oath, a detailed listing of the appraisal reports or file	9620
memoranda for each year for which experience is claimed and, upon	9621
request of the superintendent or the board, shall make available	9622
for examination a sample of the appraisal reports prepared by the	9623
applicant in the course of the applicant's practice.	9624

(C)(1) Except as provided in division (C)(2) of this section,	9625
anAn applicant for an initial certificate, registration, or	9626
license shall be at least eighteen years of age, honest, truthful,	9627
and of good reputation and shall present satisfactory evidence to	9628
the superintendent of the following, as appropriate:	9629

(a) If the applicant is seeking a state-certified general	9630
real estate appraiser certificate, that the applicant has	9631
successfully completed at least one hundred sixty-five classroom	9632
hours of courses in subjects related to real estate appraisal,	9633
including at least one course devoted exclusively to federal,	9634
state, and municipal fair housing law, presented by a nationally	9635
recognized appraisal organization, an institution of higher	9636
education, a career school registered by the state board of career	9637
colleges and schools, a state or federal commission or agency, or	9638
any other organization that represents the interests of financial	9639
institutions or real estate brokers, appraisers, or agents and	9640
that provides appraisal education, plus fifteen classroom hours	9641
related to standards of professional practice and the provisions	9642
of this chapter;	9643

(b) If the applicant is seeking a state-certified residential	9644
real estate appraiser certificate, that the applicant has	9645
successfully completed at least one hundred five classroom hours	9646
of courses in subjects related to real estate appraisal, including	9647
at least one course devoted exclusively to federal, state, and	9648
municipal fair housing law, presented by a nationally recognized	9649
appraisal organization, an institution of higher education, a	9650
career school registered by the state board of career colleges and	9651
schools, or any other organization that represents the interests	9652
of financial institutions or real estate brokers, appraisers, or	9653
agents and that provides appraisal education, plus fifteen	9654
classroom hours related to standards of professional practice and	9655
the provisions of this chapter;	9656

(c) If the applicant is seeking a state-licensed residential	9657
real estate appraiser license, that the applicant has successfully	9658
completed at least seventy-five classroom hours of courses in	9659
subjects related to real estate appraisal, including at least one	9660
course devoted exclusively to federal, state, and municipal fair	9661
housing law, presented by a nationally recognized appraisal	9662
organization, an institution of higher education, a career school	9663
registered by the state board of career colleges and schools, a	9664
state or federal commission or agency, or any other organization	9665
that represents the interests of financial institutions or real	9666
estate brokers, appraisers, or agents and that provides appraisal	9667
education, plus fifteen classroom hours related to standards of	9668
professional practice and the provisions of this chapter;	9669

(d) If the applicant is seeking a state-registered real	9670
estate appraiser assistant registration, that the applicant has	9671
successfully completed at least seventy-five classroom hours of	9672
courses in subjects related to real estate appraisal, including at	9673
least one course devoted exclusively to federal, state, and	9674
municipal fair housing law, presented by a nationally recognized	9675
appraisal organization, an institution of higher education, a	9676
career school registered by the state board of career colleges and	9677
schools, or any other organization that represents the interests	9678
of financial institutions or real estate brokers, appraisers, or	9679
agents, and that provides appraisal education that included at	9680
least fifteen classroom hours of instruction related to standards	9681
of professional practice and the requirements of this chapter and	9682
the rules adopted under this chapter.	9683

(2) Each person who files an application for an initial	9684
certificate or license within one year of the date established by	9685
the board as the first date on which applications will be accepted	9686
under this section, which date shall be no later than September 1,	9687
1990, and who, at the time of filing that application, does not	9688
satisfy the educational requirements for the certification or	9689
licensure sought of either division (C)(1)(a) or (b) of this	9690
section is exempt from those educational requirements for the term	9691
of the initial certification or licensure. In applying for a	9692
renewal certificate or license pursuant to section 4763.06 of the	9693
Revised Code, a certificate holder or licensee who was exempted	9694
from the educational requirements of division (C)(1)(a) or (b) of	9695
this section when applying for the initial certificate or license	9696
shall present satisfactory evidence to the superintendent that the	9697
certificate holder or licensee has completed the educational	9698
requirements for the certification or licensure to be renewed of	9699
one of those divisions before the renewal certificate or license	9700
may be issuedany education requirements the board prescribes by	9701
rule.	9702

(D) An applicant for an initial general real estate appraiser	9703
or residential real estate appraiser certificate or residential	9704
real estate appraiser license shall take and successfully complete	9705
a written examination in order to qualify for the certificate or	9706
license. The examination shall require the applicant to	9707
demonstrate all of the following:	9708

(1) Appropriate knowledge of technical terms commonly used in	9709
or related to real estate appraising, appraisal report writing,	9710
and the economic concepts applicable to real estate;	9711

(2) Understanding of the principles of land economics, real	9712
estate appraisal processes, and problems likely to be encountered	9713
in gathering, interpreting, and processing of data in carrying out	9714
appraisal disciplines;	9715

(3) Understanding of the standards for the development and	9716
communication of real estate appraisals as provided in this	9717
chapter and the rules adopted thereunder;	9718

(4) Knowledge of theories of depreciation, cost estimating,	9719
methods of capitalization, direct sales comparison, and the	9720
mathematics of real estate appraisal that are appropriate for the	9721
certification or licensure for which the applicant has applied;	9722

(5) Knowledge of other principles and procedures as	9723
appropriate for the certification or license;	9724

(6) Basic understanding of real estate law;

9725

(7) Understanding of the types of misconduct for which	9726
disciplinary proceedings may be initiated against a certificate	9727
holder and licenseeThe board shall prescribe the examination	9728
requirements by rule.	9729

(E)(1) A nonresident, natural person of this state who has	9730
complied with this section may obtain a certificate, registration,	9731
or license. The board shall adopt rules relating to the	9732
certification, registration, and licensure of a nonresident	9733
applicant whose state of residence the board determines to have	9734
certification, registration, or licensure requirements that are	9735
substantially similar to those set forth in this chapter and the	9736
rules adopted thereunder.	9737

(2) The board shall recognize on a temporary basis a	9738
certification or license issued in another state and shall	9739
register on a temporary basis an appraiser who is certified or	9740
licensed in another state if all of the following apply:	9741

(a) The temporary registration is to perform an appraisal	9742
assignment that is part of a federally related transaction.	9743

(b) The appraiser's business in this state is of a temporary	9744
nature.	9745

(c) The appraiser registers with the board pursuant to this	9746
division.	9747

An appraiser who is certified or licensed in another state	9748
shall register with the board for temporary practice before	9749
performing an appraisal assignment in this state in connection	9750
with a federally related transaction.	9751

The board shall adopt rules relating to registration for the	9752
temporary recognition of certification and licensure of appraisers	9753
from another state. The registration for temporary recognition of	9754
certified or licensed appraisers from another state shall not	9755
authorize completion of more than one appraisal assignment in this	9756
state. The board shall not issue more than two registrations for	9757
temporary practice to any one applicant in any calendar year.	9758

(3) In addition to any other information required to be	9759
submitted with the nonresident applicant's or appraiser's	9760
application for a certificate, registration, license, or temporary	9761
recognition of a certificate or license, each nonresident	9762
applicant or appraiser shall submit a statement consenting to the	9763
service of process upon the nonresident applicant or appraiser by	9764
means of delivering that process to the secretary of state if, in	9765
an action against the applicant, certificate holder, registrant,	9766
or licensee arising from the applicant's, certificate holder's,	9767
registrant's, or licensee's activities as a certificate holder,	9768
registrant, or licensee, the plaintiff, in the exercise of due	9769
diligence, cannot effect personal service upon the applicant,	9770
certificate holder, registrant, or licensee.	9771

(F) The superintendent shall not issue a certificate,	9772
registration, or license to, or recognize on a temporary basis an	9773
appraiser from another state that is a corporation, partnership,	9774
or association. This prohibition shall not be construed to prevent	9775
a certificate holder or licensee from signing an appraisal report	9776
on behalf of a corporation, partnership, or association.	9777

(G) Every person licensed, registered, or certified under	9778
this chapter shall notify the superintendent, on a form provided	9779
by the superintendent, of a change in the address of the	9780
licensee's, registrant's, or certificate holder's principal place	9781
of business or residence within thirty days of the change. If a	9782
licensee's, registrant's, or certificate holder's license,	9783
registration, or certificate is revoked or not renewed, the	9784
licensee, registrant, or certificate holder immediately shall	9785
return the annual and any renewal certificate, registration, or	9786
license to the superintendent.	9787

(H)(1) The superintendent shall not issue a certificate,	9788
registration, or license to any person, or recognize on a	9789
temporary basis an appraiser from another state, who does not meet	9790
applicable minimum criteria for state certification, registration,	9791
or licensure prescribed by federal law or rule.	9792

(2) The superintendent shall not issue a general real estate	9793
appraiser certificate, residential real estate appraiser	9794
certificate, residential real estate appraiser license, or real	9795
estate appraiser assistant registration to any person who has been	9796
convicted of or pleaded guilty to any criminal offense involving	9797
theft, receiving stolen property, embezzlement, forgery, fraud,	9798
passing bad checks, money laundering, or drug trafficking, or any	9799
criminal offense involving money or securities, including a	9800
violation of an existing or former law of this state, any other	9801
state, or the United States that substantially is equivalent to	9802
such an offense. However, if the applicant has pleaded guilty to	9803
or been convicted of such an offense, the superintendent shall not	9804
consider the offense if the applicant has proven to the	9805
superintendent, by a preponderance of the evidence, that the	9806
applicant's activities and employment record since the conviction	9807
show that the applicant is honest, truthful, and of good	9808
reputation, and there is no basis in fact for believing that the	9809
applicant will commit such an offense again.	9810

Sec. 4763.06.  (A) A person licensed, registered, or	9811
certified under this chapter may obtain a renewal certificate,	9812
registration, or license by filing a renewal application with and	9813
paying the renewal fee set forth in section 4763.09 of the Revised	9814
Code and any amount assessed pursuant to division (A)(2) of	9815
section 4763.05 of the Revised Code to the superintendent of real	9816
estate. The renewal application shall include a statement, signed	9817
by the certificate holder, registrant, or licensee, that the	9818
certificate holder, registrant, or licensee has not, during the	9819
immediately preceding twelve-month period, been convicted of or	9820
pleaded guilty to any criminal offense described in division	9821
(H)(2) of section 4763.05 of the Revised Code. The certificate	9822
holder, registrant, or licensee shall file the renewal application	9823
at least thirty days, but no earlier than one hundred twenty days,	9824
prior to expiration of the certificate holder's, registrant's, or	9825
licensee's current certificate, registration, or license. A	9826
certificate holder or licensee who applies for a renewal	9827
certificate or license who, pursuant to division (C)(2) of section	9828
4763.05 of the Revised Code, was exempted from the educational	9829
requirements of division (C)(1) of that section during the term of	9830
the initial certificate or license, as a condition of renewal,	9831
also shall present satisfactory evidence of having completed the	9832
appropriate educational requirements of either division (C)(1)(a)	9833
or (b) of that section since the effective date of the initial	9834
certificate or license.	9835

(B) A certificate holder, registrant, or licensee who fails	9836
to renew a certificate, registration, or license prior to its	9837
expiration is ineligible to obtain a renewal certificate,	9838
registration, or license and shall comply with section 4763.05 of	9839
the Revised Code in order to regain certification or licensure,	9840
except that a certificate holder, registrant, or licensee may,	9841
within three months after the expiration of the certificate	9842
holder's, registrant's, or licensee's certificate, registration,	9843
or license, renew the certificate, registration, or license	9844
without having to comply with section 4763.05 of the Revised Code	9845
by payment of all fees for renewal and payment of the late filing	9846
fee set forth in section 4763.09 of the Revised Code. A	9847
certificate holder, registrant, or licensee who applies for late	9848
renewal of the certificate holder's, registrant's, or licensee's	9849
certificate, registration, or license may engage in all activities	9850
permitted by the certification, registration, or license being	9851
renewed for the three-month period following the certificate's,	9852
registration's, or license's normal expiration date.	9853

Sec. 4919.76. The public utilities commission of Ohio shall	9854
adopt rules applicable to motor carrier registration under the	9855
single state insurance registration program. The rules shall be	9856
consistent with and equivalent in scope, coverage, and content to	9857
the registration rules specified by the interstate commerce	9858
commission in accordance with the "Intermodal Surface	9859
Transportation Efficiency Act of 1991," 105 Stat. 2146, 49	9860
U.S.C.A. 11506United States department of transportation.	9861

Sec. 5107.12.  An assistance group seeking to participate in	9862
the Ohio works first program shall apply to a county department of	9863
job and family services using an application containing	9864
information the director of job and family services requires	9865
pursuant to rules adopted under section 5107.05 of the Revised	9866
Code and any additional information the county department	9867
requires. If cash assistance under the program is to be paid by	9868
the auditordirector of statebudget and management through the	9869
medium of direct deposit as provided by section 329.03 of the	9870
Revised Code, the application shall be accompanied by information	9871
the auditordirector needs to make direct deposits.	9872

When a county department receives an application for	9873
participation in Ohio works first, it shall promptly make an	9874
investigation and record of the circumstances of the applicant in	9875
order to ascertain the facts surrounding the application and to	9876
obtain such other information as may be required. Upon the	9877
completion of the investigation, the county department shall	9878
determine whether the applicant is eligible to participate, the	9879
amount of cash assistance the applicant should receive, and the	9880
approximate date when participation shall begin. The amount of	9881
cash assistance so determined shall be certified to the department	9882
of job and family services in such form as the department shall	9883
prescribe. Warrants, direct deposits, or debit cards shall be	9884
delivered or made payable in the manner the department may	9885
prescribe.	9886

To the extent required by rules adopted under section 5107.05	9887
of the Revised Code, a participant of Ohio works first shall	9888
notify the county department immediately upon the receipt or	9889
possession of additional income not previously reported to the	9890
county department. Any failure to so notify a county department	9891
shall be regarded as prima-facie evidence of an intent to defraud.	9892

Sec. 5111.88.  (A) As used in sections 5111.88 to 5111.8817	9893
of the Revised Code:	9894

"Administrative agency" means the department of job and	9895
family services or, if the department assigns the day-to-day	9896
administration of the ICF/MR conversion pilot program to the	9897
department of mental retardation and developmental disabilities	9898
pursuant to section 5111.887 of the Revised Code, the department	9899
of mental retardation and developmental disabilities.	9900

"ICF/MR conversion pilot program" means the medicaid waiver	9901
component authorized by a waiver sought under division (B)(1) of	9902
this section.	9903

"ICF/MR services" means intermediate care facility for the	9904
mentally retarded services covered by the medicaid program that an	9905
intermediate care facility for the mentally retarded provides to a	9906
resident of the facility who is a medicaid recipient eligible for	9907
medicaid-covered intermediate care facility for the mentally	9908
retarded services.	9909

"Intermediate care facility for the mentally retarded" has	9910
the same meaning as in section 5111.20 of the Revised Code.	9911

"Medicaid waiver component" has the same meaning as in	9912
section 5111.85 of the Revised Code.	9913

(B) By July 1, 2006, or as soon thereafter as practical, but	9914
notNot later than January 1June 30, 2007, the director of job	9915
and family services shall, after consulting with and receiving	9916
input from the ICF/MR conversion advisory council, submit both of	9917
the following to the United States secretary of health and human	9918
services:	9919

(1) An application for a waiver authorizing the ICF/MR	9920
conversion pilot program under which intermediate care facilities	9921
for the mentally retarded, other than such facilities operated by	9922
the department of mental retardation and developmental	9923
disabilities, may volunteer to convert in whole or in part from	9924
providing intermediate care facility for the mentally retarded	9925
services to providing home and community-based services and	9926
individuals with mental retardation or a developmental disability	9927
who are eligible for ICF/MR services may volunteer to receive	9928
instead home and community-based services;	9929

(2) An amendment to the state medicaid plan to authorize the	9930
director, beginning on the first day that the ICF/MR conversion	9931
pilot program begins implementation under section 5111.882 of the	9932
Revised Code and except as provided by section 5111.8811 of the	9933
Revised Code, to refuse to enter into or amend a medicaid provider	9934
agreement with the operator of an intermediate care facility for	9935
the mentally retarded if the provider agreement or amendment would	9936
authorize the operator to receive medicaid payments for more	9937
intermediate care facility for the mentally retarded beds than the	9938
operator receives on the day before that day.	9939

(C) The director shall notify the governor, speaker and	9940
minority leader of the house of representatives, and president and	9941
minority leader of the senate when the director submits the	9942
application for the ICF/MR conversion pilot program under division	9943
(B)(1) of this section and the amendment to the state medicaid	9944
plan under division (B)(2) of this section. The director is not	9945
required to submit the application and the amendment at the same	9946
time.	9947

Sec. 5115.06.  Assistance under the disability financial	9948
assistance program may be given by warrant, direct deposit, or, if	9949
provided by the director of job and family services pursuant to	9950
section 5101.33 of the Revised Code, by electronic benefit	9951
transfer. It shall be inalienable whether by way of assignment,	9952
charge, or otherwise, and is exempt from attachment, garnishment,	9953
or other like process.	9954

Any direct deposit shall be made to a financial institution	9955
and account designated by the recipient. If disability financial	9956
assistance is to be paid by the auditordirector of statebudget	9957
and management through direct deposit, the application for	9958
assistance shall be accompanied by information the auditor	9959
director needs to make direct deposits.	9960

The director of job and family services may adopt rules for	9961
designation of financial institutions and accounts.	9962

No financial institution shall impose any charge for direct	9963
deposit of disability financial assistance payments that it does	9964
not charge all customers for similar services.	9965

Sec. 5119.071. AnyAn appointing officerauthority may	9966
appoint a person holdingwho holds a certified position in the	9967
classified service ofwithin the department of mental health to	9968
anya position in the unclassified service ofwithin the	9969
department. A person so appointed pursuant to this section to a	9970
position in the unclassified service shall retain the right to	9971
resume the position and status held by himthe person in the	9972
classified service immediately prior to histhe person's	9973
appointment. If the position the person previously held has been	9974
placed in the unclassified service under this section, he shall be	9975
appointed to a position in the classified service that the	9976
director of administrative services certifies is comparable in	9977
compensation to the position the person previously held.	9978
Reinstatementto the position in the unclassified service,	9979
regardless of the number of positions the person held in the	9980
unclassified service. An employee's right to resume a position in	9981
the classified service may only be exercised when an appointing	9982
authority demotes the employee to a pay range lower than the	9983
employee's current pay range or revokes the employee's appointment	9984
to the unclassified service. An employee forfeits the right to	9985
resume a position in the classified service when the employee is	9986
removed from the position in the unclassified service due to	9987
incompetence, inefficiency, dishonesty, drunkenness, immoral	9988
conduct, insubordination, discourteous treatment of the public,	9989
neglect of duty, violation of this chapter or Chapter 124. of the	9990
Revised Code, violation of the rules of the director of	9991
administrative services or the director of mental health, any	9992
other failure of good behavior, any other acts of misfeasance,	9993
malfeasance, or nonfeasance in office, or conviction of a felony.	9994
An employee also forfeits the right to resume a position in the	9995
classified service upon transfer to a different agency.	9996

Reinstatement to a position in the classified service shall	9997
be to a position substantially equal to that position in the	9998
classified service held previously, as certified by the director	9999
of administrative services. If the position the person previously	10000
held in the classified service has been placed in the unclassified	10001
service or is otherwise unavailable, the person shall be appointed	10002
to a position in the classified service within the department that	10003
the director of administrative services certifies is comparable in	10004
compensation to the position the person previously held in the	10005
classified service. Service in the position in the unclassified	10006
service shall be counted as service in the position in the	10007
classified service held by the person immediately prior to histhe	10008
person's appointment to the position in the unclassified service.	10009
When a person is reinstated to a position in the classified	10010
service as provided in this section, hethe person is entitled to	10011
all rights, status, and emolumentsbenefits accruing to the	10012
position in the classified service during the person's time of his	10013
service in the position in the unclassified service.	10014

Sec. 5119.611. (A) A board of alcohol, drug addiction, and	10015
mental health services may not contract with a community mental	10016
health agency under division (A)(8)(a) of section 340.03 of the	10017
Revised Code to provide community mental health services included	10018
in the board's community mental health plan unless the services	10019
are certified by the director of mental health under this section.	10020

A community mental health agency that seeks the director's	10021
certification of its community mental health services shall submit	10022
an application to the director of mental health. On receipt of the	10023
application, the director may visit and shall evaluate the agency	10024
to determine whether its services satisfy the standards	10025
established by rules adopted under division (C)(D) of this	10026
section. The director shall make the evaluation, and, if the	10027
director visits the agency, shall make the visit, in cooperation	10028
with the board of alcohol, drug addiction, and mental health	10029
services with which the agency seeks to contract under division	10030
(A)(8)(a) of section 340.03 of the Revised Code.	10031

If the director determines that a community mental health	10032
agency's services satisfy the standardsSubject to divisions (B)	10033
and (C) of this section, the director shall certify thea	10034
community mental health agency's services that the director	10035
determines satisfy the standards.	10036

If the director determines that a community mental health	10037
agency's services do not satisfy the standards, the director shall	10038
identify the areas of noncompliance, specify what action is	10039
necessary to satisfy the standards, and offer technical assistance	10040
to the board of alcohol, drug addiction, and mental health	10041
services so that the board may assist the agency in satisfying the	10042
standards. The director shall give the agency a reasonable time	10043
within which to demonstrate that its services satisfy the	10044
standards or to bring the services into compliance with the	10045
standards. If the director concludes that the services continue to	10046
fail to satisfy the standards, the director may request that the	10047
board reallocate the funds for the community mental health	10048
services the agency was to provide to another community mental	10049
health agency whose community mental health services satisfy the	10050
standards. If the board does not reallocate those funds in a	10051
reasonable period of time, the director may withhold state and	10052
federal funds for the community mental health services and	10053
allocate those funds directly to a community mental health agency	10054
whose community mental health services satisfy the standards.	10055

(B) Each community mental health agency seeking certification	10056
of its community mental health services under this section shall	10057
pay a fee for the certification review required by this section.	10058
Fees shall be paid into the sale of goods and services fund	10059
created pursuant to section 5119.161 of the Revised Code.	10060

(C) The director may certify a community mental health	10061
service only if the service is for individuals whose focus of	10062
treatment is a mental disorder according to the edition of the	10063
American psychiatric association's diagnostic and statistical	10064
manual of mental disorders that is current at the time the	10065
director issues the certification, including such services for	10066
individuals who have a mental disorder and a co-occurring	10067
substance use disorder, substance induced disorder, chronic	10068
dementing organic mental disorder, mental retardation, or	10069
developmental disability. The director may not certify a service	10070
that is for individuals whose focus of treatment is solely a	10071
substance use disorder, substance-induced disorder, chronic	10072
dementing organic mental disorder, mental retardation, or	10073
developmental disability.	10074

(D) The director shall adopt rules in accordance with Chapter	10075
119. of the Revised Code to implement this section. The rules	10076
shall do all of the following:	10077

(1) Establish certification standards for community mental	10078
health services, including assertive community treatment and	10079
intensive home-based mental health services, that are consistent	10080
with nationally recognized applicable standards and facilitate	10081
participation in federal assistance programs. The rules shall	10082
include as certification standards only requirements that improve	10083
the quality of services or the health and safety of clients of	10084
community mental health services. The standards shall address at a	10085
minimum all of the following:	10086

(a) Reporting major unusual incidents to the director;

10087

(b) Procedures for applicants for and clients of community	10088
mental health services to file grievances and complaints;	10089

(c) Seclusion;

10090

(d) Restraint;

10091

(e) Development of written policies addressing the rights of	10092
clients, including all of the following:	10093

(i) The right to a copy of the written policies addressing	10094
client rights;	10095

(ii) The right at all times to be treated with consideration	10096
and respect for the client's privacy and dignity;	10097

(iii) The right to have access to the client's own	10098
psychiatric, medical, or other treatment records unless access is	10099
specifically restricted in the client's treatment plan for clear	10100
treatment reasons;	10101

(iv) The right to have a client rights officer provided by	10102
the agency or board of alcohol, drug addiction, and mental health	10103
services advise the client of the client's rights, including the	10104
client's rights under Chapter 5122. of the Revised Code if the	10105
client is committed to the agency or board.	10106

(2) Establish standards for qualifications of mental health	10107
professionals as defined in section 340.02 of the Revised Code and	10108
personnel who provide the community mental health services;	10109

(3) Establish the process for certification of community	10110
mental health services;	10111

(4) Set the amount of certification review fees based on a	10112
portion of the cost of performing the review;	10113

(5) Specify the type of notice and hearing to be provided	10114
prior to a decision on whether to reallocate funds.	10115

(D) The rules adopted under division (C)(1) of this section	10116
to establish certification standards for assertive community	10117
treatment and intensive home-based mental health services shall be	10118
adopted not later than July 1, 2004.	10119

Sec. 5120.03.  (A) TheSubject to division (C) of this	10120
section, the director of rehabilitation and correction, by	10121
executive order and with the approval of the governor, may change	10122
the purpose for which any institution or place under the control	10123
of the department of rehabilitation and correction, is being used.	10124
The director may designate a new or another use for such	10125
institution, if the change of use and new designation has for its	10126
objective, improvement in the classification, segregation, care,	10127
education, cure, or rehabilitation of persons subject to the	10128
control of the department.	10129

(B) The director of rehabilitation and correction, by	10130
executive order, issued on or before December 31, 1988, shall	10131
eliminate the distinction between penal institutions and	10132
reformatory institutions. Notwithstanding any provision of the	10133
Revised Code or the Administrative Code to the contrary, upon the	10134
issuance of the executive order, any distinction made between the	10135
types of prisoners sentenced to or otherwise assigned to the	10136
institutions under the control of the department shall be	10137
discontinued.	10138

(C) The director mayshall contract under section 9.06 of the	10139
Revised Code for the private operation and management of a	10140
facilitynot less than two facilities under the control of the	10141
department, unless the contractor managing and operating a	10142
facility is not in substantial compliance with the material terms	10143
and conditions of its contract and no other person or entity is	10144
willing and able to satisfy the obligations of the contract. All	10145
inmates assigned to a facility operated and managed by a private	10146
contractor remain inmates in the care and custody of the	10147
department. The statutes, rules, and policies of the department	10148
may apply to the private contractor and any inmate assigned to a	10149
facility operated and managed by a private contractor as agreed to	10150
in the contract entered into under section 9.06 of the Revised	10151
Code.	10152

Sec. 5123.08. AnyAn appointing officer may appoint a person	10153
holdingwho holds a certified position in the classified service	10154
ofwithin the department of mental retardation and developmental	10155
disabilities to anya position in the unclassified service of	10156
within the department. A person so appointed pursuant to this	10157
section to a position in the unclassified service shall retain the	10158
right to resume the position and status held by himthe person in	10159
the classified service immediately prior to histhe person's	10160
appointment. If the position the person previously held has been	10161
placed in the unclassified service under this section, he shall be	10162
appointed to a position in the classified service that the	10163
director of administrative services certifies is comparable in	10164
compensation to the position the person previously held.	10165
Reinstatementto the position in the unclassified service,	10166
regardless of the number of positions the person held in the	10167
unclassified service. An employee's right to resume a position in	10168
the classified service may only be exercised when an appointing	10169
authority demotes the employee to a pay range lower than the	10170
employee's current pay range or revokes the employee's appointment	10171
to the unclassified service. An employee forfeits the right to	10172
resume a position in the classified service when the employee is	10173
removed from the position in the unclassified service due to	10174
incompetence, inefficiency, dishonesty, drunkenness, immoral	10175
conduct, insubordination, discourteous treatment of the public,	10176
neglect of duty, violation of this chapter or Chapter 124. of the	10177
Revised Code, the rules of the director of mental retardation and	10178
developmental disabilities or the director of administrative	10179
services, any other failure of good behavior, any other acts of	10180
misfeasance, malfeasance, or nonfeasance in office, or conviction	10181
of a felony. An employee also forfeits the right to resume a	10182
position in the classified service upon transfer to a different	10183
agency.	10184

Reinstatement to a position in the classified service shall	10185
be to a position substantially equal to that position in the	10186
classified service held previously, as certified by the director	10187
of administrative services. If the position the person previously	10188
held in the classified service has been placed in the unclassified	10189
service or is otherwise unavailable, the person shall be appointed	10190
to a position in the classified service within the department that	10191
the director of administrative services certifies is comparable in	10192
compensation to the position the person previously held in the	10193
classified service. Service in the position in the unclassified	10194
service shall be counted as service in the position in the	10195
classified service held by the person immediately prior to histhe	10196
person's appointment to the position in the unclassified service.	10197
When a person is reinstated to a position in the classified	10198
service as provided in this section, hethe person is entitled to	10199
all rights, status, and emolumentsbenefits accruing to the	10200
position in the classified service during the time of histhe	10201
person's service in the position in the unclassified service.	10202

Sec. 5126.01.  As used in this chapter:

10203

(A) As used in this division, "adult" means an individual who	10204
is eighteen years of age or over and not enrolled in a program or	10205
service under Chapter 3323. of the Revised Code and an individual	10206
sixteen or seventeen years of age who is eligible for adult	10207
services under rules adopted by the director of mental retardation	10208
and developmental disabilities pursuant to Chapter 119. of the	10209
Revised Code.	10210

(1) "Adult services" means services provided to an adult	10211
outside the home, except when they are provided within the home	10212
according to an individual's assessed needs and identified in an	10213
individual service plan, that support learning and assistance in	10214
the area of self-care, sensory and motor development,	10215
socialization, daily living skills, communication, community	10216
living, social skills, or vocational skills.	10217

(2) "Adult services" includes all of the following:

10218

(a) Adult day habilitation services;

10219

(b) Adult day care;

10220

(c) Prevocational services;

10221

(d) Sheltered employment;

10222

(e) Educational experiences and training obtained through	10223
entities and activities that are not expressly intended for	10224
individuals with mental retardation and developmental	10225
disabilities, including trade schools, vocational or technical	10226
schools, adult education, job exploration and sampling, unpaid	10227
work experience in the community, volunteer activities, and	10228
spectator sports;	10229

(f) Community employment services and supported employment	10230
services.	10231

(B)(1) "Adult day habilitation services" means adult services	10232
that do the following:	10233

(a) Provide access to and participation in typical activities	10234
and functions of community life that are desired and chosen by the	10235
general population, including such activities and functions as	10236
opportunities to experience and participate in community	10237
exploration, companionship with friends and peers, leisure	10238
activities, hobbies, maintaining family contacts, community	10239
events, and activities where individuals without disabilities are	10240
involved;	10241

(b) Provide supports or a combination of training and	10242
supports that afford an individual a wide variety of opportunities	10243
to facilitate and build relationships and social supports in the	10244
community.	10245

(2) "Adult day habilitation services" includes all of the	10246
following:	10247

(a) Personal care services needed to ensure an individual's	10248
ability to experience and participate in vocational services,	10249
educational services, community activities, and any other adult	10250
day habilitation services;	10251

(b) Skilled services provided while receiving adult day	10252
habilitation services, including such skilled services as behavior	10253
management intervention, occupational therapy, speech and language	10254
therapy, physical therapy, and nursing services;	10255

(c) Training and education in self-determination designed to	10256
help the individual do one or more of the following: develop	10257
self-advocacy skills, exercise the individual's civil rights,	10258
acquire skills that enable the individual to exercise control and	10259
responsibility over the services received, and acquire skills that	10260
enable the individual to become more independent, integrated, or	10261
productive in the community;	10262

(d) Recreational and leisure activities identified in the	10263
individual's service plan as therapeutic in nature or assistive in	10264
developing or maintaining social supports;	10265

(e) Counseling and assistance provided to obtain housing,	10266
including such counseling as identifying options for either rental	10267
or purchase, identifying financial resources, assessing needs for	10268
environmental modifications, locating housing, and planning for	10269
ongoing management and maintenance of the housing selected;	10270

(f) Transportation necessary to access adult day habilitation	10271
services;	10272

(g) Habilitation management, as described in section 5126.14	10273
of the Revised Code.	10274

(3) "Adult day habilitation services" does not include	10275
activities that are components of the provision of residential	10276
services, family support services, or supported living services.	10277

(C) "Appointing authority" means the following:

10278

(1) In the case of a member of a county board of mental	10279
retardation and developmental disabilities appointed by, or to be	10280
appointed by, a board of county commissioners, the board of county	10281
commissioners;	10282

(2) In the case of a member of a county board appointed by,	10283
or to be appointed by, a senior probate judge, the senior probate	10284
judge.	10285

(D) "Community employment services" or "supported employment	10286
services" means job training and other services related to	10287
employment outside a sheltered workshop. "Community employment	10288
services" or "supported employment services" include all of the	10289
following:	10290

(1) Job training resulting in the attainment of competitive	10291
work, supported work in a typical work environment, or	10292
self-employment;	10293

(2) Supervised work experience through an employer paid to	10294
provide the supervised work experience;	10295

(3) Ongoing work in a competitive work environment at a wage	10296
commensurate with workers without disabilities;	10297

(4) Ongoing supervision by an employer paid to provide the	10298
supervision.	10299

(E) As used in this division, "substantial functional	10300
limitation," "developmental delay," and "established risk" have	10301
the meanings established pursuant to section 5123.011 of the	10302
Revised Code.	10303

"Developmental disability" means a severe, chronic disability	10304
that is characterized by all of the following:	10305

(1) It is attributable to a mental or physical impairment or	10306
a combination of mental and physical impairments, other than a	10307
mental or physical impairment solely caused by mental illness as	10308
defined in division (A) of section 5122.01 of the Revised Code;	10309

(2) It is manifested before age twenty-two;

10310

(3) It is likely to continue indefinitely;

10311

(4) It results in one of the following:

10312

(a) In the case of a person under age three, at least one	10313
developmental delay or an established risk;	10314

(b) In the case of a person at least age three but under age	10315
six, at least two developmental delays or an established risk;	10316

(c) In the case of a person age six or older, a substantial	10317
functional limitation in at least three of the following areas of	10318
major life activity, as appropriate for the person's age:	10319
self-care, receptive and expressive language, learning, mobility,	10320
self-direction, capacity for independent living, and, if the	10321
person is at least age sixteen, capacity for economic	10322
self-sufficiency.	10323

(5) It causes the person to need a combination and sequence	10324
of special, interdisciplinary, or other type of care, treatment,	10325
or provision of services for an extended period of time that is	10326
individually planned and coordinated for the person.	10327

(F) "Early childhood services" means a planned program of	10328
habilitation designed to meet the needs of individuals with mental	10329
retardation or other developmental disabilities who have not	10330
attained compulsory school age.	10331

(G)(1) "Environmental modifications" means the physical	10332
adaptations to an individual's home, specified in the individual's	10333
service plan, that are necessary to ensure the individual's	10334
health, safety, and welfare or that enable the individual to	10335
function with greater independence in the home, and without which	10336
the individual would require institutionalization.	10337

(2) "Environmental modifications" includes such adaptations	10338
as installation of ramps and grab-bars, widening of doorways,	10339
modification of bathroom facilities, and installation of	10340
specialized electric and plumbing systems necessary to accommodate	10341
the individual's medical equipment and supplies.	10342

(3) "Environmental modifications" does not include physical	10343
adaptations or improvements to the home that are of general	10344
utility or not of direct medical or remedial benefit to the	10345
individual, including such adaptations or improvements as	10346
carpeting, roof repair, and central air conditioning.	10347

(H) "Family support services" means the services provided	10348
under a family support services program operated under section	10349
5126.11 of the Revised Code.	10350

(I) "Habilitation" means the process by which the staff of	10351
the facility or agency assists an individual with mental	10352
retardation or other developmental disability in acquiring and	10353
maintaining those life skills that enable the individual to cope	10354
more effectively with the demands of the individual's own person	10355
and environment, and in raising the level of the individual's	10356
personal, physical, mental, social, and vocational efficiency.	10357
Habilitation includes, but is not limited to, programs of formal,	10358
structured education and training.	10359

(J) "Home and community-based services" means medicaid-funded	10360
home and community-based services specified in division (B)(1) of	10361
section 5111.87 of the Revised Code and provided under the	10362
medicaid waiver components the department of mental retardation	10363
and developmental disabilities administers pursuant to section	10364
5111.871 of the Revised Code.	10365

(K) "Immediate family" means parents, grandparents, brothers,	10366
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	10367
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	10368
daughters-in-law.	10369

(L) "Medicaid" has the same meaning as in section 5111.01 of	10370
the Revised Code.	10371

(M) "Medicaid case management services" means case management	10372
services provided to an individual with mental retardation or	10373
other developmental disability that the state medicaid plan	10374
requires.	10375

(N) "Mental retardation" means a mental impairment manifested	10376
during the developmental period characterized by significantly	10377
subaverage general intellectual functioning existing concurrently	10378
with deficiencies in the effectiveness or degree with which an	10379
individual meets the standards of personal independence and social	10380
responsibility expected of the individual's age and cultural	10381
group.	10382

(O) "Residential services" means services to individuals with	10383
mental retardation or other developmental disabilities to provide	10384
housing, food, clothing, habilitation, staff support, and related	10385
support services necessary for the health, safety, and welfare of	10386
the individuals and the advancement of their quality of life.	10387
"Residential services" includes program management, as described	10388
in section 5126.14 of the Revised Code.	10389

(P) "Resources" means available capital and other assets,	10390
including moneys received from the federal, state, and local	10391
governments, private grants, and donations; appropriately	10392
qualified personnel; and appropriate capital facilities and	10393
equipment.	10394

(Q) "Senior probate judge" means the current probate judge of	10395
a county who has served as probate judge of that county longer	10396
than any of the other current probate judges of that county. If a	10397
county has only one probate judge, "senior probate judge" means	10398
that probate judge.	10399

(R) "Service and support administration" means the duties	10400
performed by a service and support administrator pursuant to	10401
section 5126.15 of the Revised Code.	10402

(S)(1) "Specialized medical, adaptive, and assistive	10403
equipment, supplies, and supports" means equipment, supplies, and	10404
supports that enable an individual to increase the ability to	10405
perform activities of daily living or to perceive, control, or	10406
communicate within the environment.	10407

(2) "Specialized medical, adaptive, and assistive equipment,	10408
supplies, and supports" includes the following:	10409

(a) Eating utensils, adaptive feeding dishes, plate guards,	10410
mylatex straps, hand splints, reaches, feeder seats, adjustable	10411
pointer sticks, interpreter services, telecommunication devices	10412
for the deaf, computerized communications boards, other	10413
communication devices, support animals, veterinary care for	10414
support animals, adaptive beds, supine boards, prone boards,	10415
wedges, sand bags, sidelayers, bolsters, adaptive electrical	10416
switches, hand-held shower heads, air conditioners, humidifiers,	10417
emergency response systems, folding shopping carts, vehicle lifts,	10418
vehicle hand controls, other adaptations of vehicles for	10419
accessibility, and repair of the equipment received.	10420

(b) Nondisposable items not covered by medicaid that are	10421
intended to assist an individual in activities of daily living or	10422
instrumental activities of daily living.	10423

(T) "Supportive home services" means a range of services to	10424
families of individuals with mental retardation or other	10425
developmental disabilities to develop and maintain increased	10426
acceptance and understanding of such persons, increased ability of	10427
family members to teach the person, better coordination between	10428
school and home, skills in performing specific therapeutic and	10429
management techniques, and ability to cope with specific	10430
situations.	10431

(U)(1) "Supported living" means services provided for as long	10432
as twenty-four hours a day to an individual with mental	10433
retardation or other developmental disability through any public	10434
or private resources, including moneys from the individual, that	10435
enhance the individual's reputation in community life and advance	10436
the individual's quality of life by doing the following:	10437

(a) Providing the support necessary to enable an individual	10438
to live in a residence of the individual's choice, with any number	10439
of individuals who are not disabled, or with not more than three	10440
individuals with mental retardation and developmental disabilities	10441
unless the individuals are related by blood or marriage;	10442

(b) Encouraging the individual's participation in the	10443
community;	10444

(c) Promoting the individual's rights and autonomy;

10445

(d) Assisting the individual in acquiring, retaining, and	10446
improving the skills and competence necessary to live successfully	10447
in the individual's residence.	10448

(2) "Supported living" includes the provision of all of the	10449
following:	10450

(a) Housing, food, clothing, habilitation, staff support,	10451
professional services, and any related support services necessary	10452
to ensure the health, safety, and welfare of the individual	10453
receiving the services;	10454

(b) A combination of life-longlifelong or extended-duration	10455
supervision, training, and other services essential to daily	10456
living, including assessment and evaluation and assistance with	10457
the cost of training materials, transportation, fees, and	10458
supplies;	10459

(c) Personal care services and homemaker services;

10460

(d) Household maintenance that does not include modifications	10461
to the physical structure of the residence;	10462

(e) Respite care services;

10463

(f) Program management, as described in section 5126.14 of	10464
the Revised Code.	10465

Sec. 5126.02.  (A) Each county shall either have its own	10466
county board of mental retardation and developmental disabilities	10467
or, pursuant to section 5126.021 or 5126.022 of the Revised Code,	10468
be a member of a multicounty board of mental retardation and	10469
developmental disabilities. Subject to division (B) of this	10470
section:	10471

(1) A county board shall be operated as a separate	10472
administrative and service entity.	10473

(2) The functions of a county board shall not be combined	10474
with the functions of any other entity of county government.	10475

(B) Division (A) of this section does not prohibit or	10476
restrict any county board from sharing administrative functions or	10477
personnel with one or more other county boards, including entering	10478
into an arrangement authorized by division (B) of section	10479
5126.02255126.0226 of the Revised Code.	10480

Sec. 5126.024.  (A) If a board of county commissioners and	10481
senior probate judge propose to join in the creation of, join, or	10482
terminate the county's membership in a multicounty board of mental	10483
retardation and developmental disabilities as provided in section	10484
5126.01,5126.021, 5126.022, or 5126.023 of the Revised Code, the	10485
board of county commissioners and judge shall do both of the	10486
following:	10487

(1) Notify the county board of mental retardation and	10488
developmental disabilities in writing of their intent to join in	10489
the creation of, join, or terminate the county's membership in a	10490
multicounty board, including a written explanation of the	10491
administrative, fiscal, and performance considerations underlying	10492
the proposed action;	10493

(2) Provide the county board an opportunity to comment on the	10494
proposed action.	10495

(B) If the county board, not more than sixty days after	10496
receiving the notice under division (A) of this section, votes to	10497
oppose the proposed action and notifies the board of county	10498
commissioners and judge of the vote, the county may join in	10499
creation of a multicounty board, join a multicounty board, or	10500
terminate the county's membership in a multicounty board only on	10501
the unanimous vote of the board of county commissioners and the	10502
order of that judge to proceed with the creation of, joining, or	10503
termination of the county's membership in a multicounty board.	10504

Sec. 5126.029.  (A) When making appointments to a county	10505
board of mental retardation and developmental disabilities, an	10506
appointing authority shall do all of the following:	10507

(1) Appoint only individuals who are residents of the county	10508
the appointing authority serves, citizens of the United States,	10509
and interested and knowledgeable in the field of mental	10510
retardation and other allied fields;	10511

(2) If the appointing authority is a board of county	10512
commissioners, appoint, subject to division (C)(B) of this	10513
section, at least two individuals who are immediate family members	10514
of individuals eligible for services provided by the county board	10515
and, whenever possible, ensure that one of those two members is an	10516
immediate family member of an individual eligible for adult	10517
services and the other is an immediate family member of an	10518
individual eligible for early intervention services or services	10519
for preschool or school-age children;	10520

(3) If the appointing authority is a senior probate judge,	10521
appoint, subject to division (C)(B) of this section, at least one	10522
individual who is an immediate family member of an individual	10523
eligible for residential services or supported living;	10524

(4) Appoint, to the maximum extent possible, individuals who	10525
have professional training and experience in business management,	10526
finance, law, health care practice, personnel administration, or	10527
government service;	10528

(5) Provide for the county board's membership to reflect, as	10529
nearly as possible, the composition of the county or counties that	10530
the county board serves.	10531

(B) The appointing authorities of a multicounty board shall	10532
coordinate their appointments to the extent necessary to satisfy	10533
the requirements of this section. The coordination may provide for	10534
one of the boards of county commissioners making one of the two	10535
appointments required by division (B)(A)(2) of this section and	10536
another board of county commissioners making the other appointment	10537
required by that division. The coordination shall ensure that at	10538
least one of the senior probate judges satisfies the requirement	10539
of division (B)(A)(3) of this section.	10540

Sec. 5126.0210.  (A) None of the following individuals may	10541
serve as a member of a county board of mental retardation and	10542
developmental disabilities:	10543

(1) An elected public official, except for a township	10544
trustee, township clerk fiscal officersofficer, or individual	10545
excluded from the definition of public official or employee in	10546
division (B) of section 102.01 of the Revised Code;	10547

(2) An immediate family member of another county board	10548
member;	10549

(3) A county board employee or immediate family member of a	10550
county board employee;	10551

(4) An individual who had been employed byA former employee	10552
of the county board notwhose employment with the county board	10553
ceased less than one calendar year before the individualformer	10554
employee would begin to serve as a member of the county board;	10555

(5) An individual who or whose immediate family member is a	10556
board member or an employee of an agency licensed or certified by	10557
the department of mental retardation and developmental	10558
disabilities to provide services to individuals with mental	10559
retardation or developmental disabilities;	10560

(6) An individual who or whose immediate family member is a	10561
board member or employee of an agency contracting with the county	10562
board that is not licensed or certified by the department of	10563
mental retardation and developmental disabilities to provide	10564
services to individuals with mental retardation or developmental	10565
disabilities unless there is no conflict of interest;	10566

(7) An individual with an immediate family member who serves	10567
as a county commissioner of a county served by the county board	10568
unless the individual was a member of the county board before	10569
October 31, 1980.	10570

(B) All questions relating to the existence of a conflict of	10571
interest for the purpose of division (A)(5)(6) of this section	10572
shall be submitted to the local prosecuting attorney for	10573
resolution. The Ohio ethics commission may examine any issues	10574
arising under Chapter 102. and sections 2921.42, 2921.421, and	10575
2921.43 of the Revised Code.	10576

Sec. 5126.0211.  (A) No individual may be appointed or	10577
reappointed to a county board of mental retardation and	10578
developmental disabilities unless the individual, before the	10579
appointment or reappointment, provides to the appointing authority	10580
a written declaration specifying both of the following:	10581

(1) That no circumstance described in section 5126.029	10582
5126.0210 of the Revised Code exists that bars the individual from	10583
serving on the county board;	10584

(2) Whether the individual or an immediate family member of	10585
the individual has an ownership interest in or is under contract	10586
with an agency contracting with the county board, and, if such an	10587
ownership interest or contract exists, the identity of the agency	10588
and the nature of the relationship to that agency.	10589

(B) On appointment or reappointment of an individual to the	10590
county board, the appointing authority shall provide a copy of the	10591
individual's declaration to the superintendent of the county	10592
board. The declaration is a public record for the purpose of	10593
section 149.43 of the Revised Code.	10594

Sec. 5126.0212.  Except for members appointed under section	10595
5126.02135126.0214 of the Revised Code to fill a vacancy, members	10596
of a county board of mental retardation and developmental	10597
disabilities shall be appointed or reappointed not later than the	10598
last day of November, commence their terms on the date of the	10599
stated annual organizational meeting in the following January as	10600
provided under section 5126.02155126.0216 of the Revised Code,	10601
and serve terms of four years. The membership of an individual	10602
appointed as a relativean immediate family member of a recipient	10603
of services shall not be terminated because the services are no	10604
longer received.	10605

Sec. 5126.0213.  Except as otherwise provided in this section	10606
and section 5126.02245126.0225 of the Revised Code, a member of a	10607
county board of mental retardation and developmental disabilities	10608
may be reappointed to the county board. Prior to making a	10609
reappointment, the appointing authority shall ascertain, through	10610
written communication with the board, that the member being	10611
considered for reappointment meets the requirements of sections	10612
5126.0285126.029 and 5126.02245126.0225 of the Revised Code.	10613

A member who has served during each of three consecutive	10614
terms shall not be reappointed for a subsequent term until two	10615
years after ceasing to be a member of the county board, except	10616
that a member who has served for ten years or less within three	10617
consecutive terms may be reappointed for a subsequent term before	10618
becoming ineligible for reappointment for two years.	10619

Sec. 5126.0214.  Within sixty days after a vacancy on a	10620
county board of mental retardation and developmental disabilities	10621
occurs, including a vacancy created under section 5126.0219	10622
5126.0220 of the Revised Code, the appointing authority shall fill	10623
the vacancy for the unexpired term. ABefore filling a vacancy,	10624
the appointing authority shall cause a notice of the vacancy to be	10625
published on at least two separate dates in one or more newspapers	10626
serving the county or counties the county board serves.	10627

A member appointed to fill a vacancy occurring before the	10628
expiration of the term for which the member's predecessor was	10629
appointed shall hold office for the remainder of that term.	10630

Sec. 5126.0220.  (A) Subject to sections 5126.02205126.0221	10631
and 5126.0223 of the Revised Code, an appointing authority shall	10632
remove a member of a county board of mental retardation and	10633
developmental disabilities for any of the following reasons:	10634

(1) Neglect of duty;

10635

(2) Misconduct;

10636

(3) Malfeasance;

10637

(4) Ineligibility to serve on the county board pursuant to	10638
section 5126.0295126.0210 of the Revised Code;	10639

(5) Failure to attend at least four hours of in-service	10640
training session each year;	10641

(6) Failure to attend within one year four regularly	10642
scheduled board meetings;	10643

(7) Failure to attend within one year two regularly scheduled	10644
board meetings if the member gave no prior notice of the member's	10645
absence;	10646

(8) Consistently poor performance on the county board, as	10647
demonstrated by documentation that the president of the county	10648
board provides to the appointing authority and the appointing	10649
authority determines is convincing evidence.	10650

(B) The removal provisions of divisions (A)(6) and (7) of	10651
this section do not apply to absences from special meetings or	10652
work sessions.	10653

Sec. 5126.0221.  An appointing authority shall not remove a	10654
member of a county board of mental retardation and developmental	10655
disabilities from the county board by reason of division (A)(5),	10656
(6), or (7) of section 5126.02195126.0220 of the Revised Code if	10657
the director of mental retardation and developmental disabilities	10658
waives the requirement that the member be removed. The director	10659
may issue the waiver only if the appointing authority requests	10660
that the director issue the waiver and provides the director	10661
evidence that is satisfactory to the director that the member's	10662
absences from the in-service training sessions or regularly	10663
scheduled board meetings are due to a serious health problem of	10664
the member or a member of the member's immediate family. The	10665
director's decision on whether to issue the waiver is final and	10666
not subject to appeal.	10667

The county board on which the member serves may pass a	10668
resolution urging the appointing authority to request that the	10669
director issue the waiver. The member whose absences from the	10670
sessions or meetings are at issue may not vote on the resolution.	10671
The appointing authority may request the waiver regardless of	10672
whether the county board adopts the resolution.	10673

Sec. 5126.0222.  If there are grounds for the mandatory	10674
removal of a member of a county board of mental retardation and	10675
developmental disabilities under section 5126.02195126.0220 of	10676
the Revised Code, the county board shall supply the board member	10677
and the member's appointing authority with written notice of the	10678
grounds.	10679

Sec. 5126.0223.  An appointing authority shall afford a	10680
member of a county board of mental retardation and developmental	10681
disabilities an opportunity for a hearing on the member's proposed	10682
removal in accordance with procedures the appointing authority	10683
shall establish, unless the appointing authority requested that	10684
the director of mental retardation and developmental disabilities	10685
waive the mandatory removal under section 5126.02205126.0221 of	10686
the Revised Code and the director refused to issue the waiver. The	10687
appointing authority shall hold the hearing if the member requests	10688
the hearing not later than thirty days after the date that the	10689
county board sends the member the notice required by section	10690
5126.02215126.0222 of the Revised Code.	10691

Sec. 5126.0224.  If a member of a county board of mental	10692
retardation and developmental disabilities requests a hearing	10693
within the time required by section 5126.02225126.0223 of the	10694
Revised Code, the appointing authority may not remove the member	10695
from the board before the conclusion of the hearing.	10696

Sec. 5126.0225.  A member of a county board of mental	10697
retardation and developmental disabilities who is removed from the	10698
county board is ineligible for reappointment to the board for not	10699
less than one year. The appointing authority shall specify the	10700
time during which the member is ineligible for reappointment. If	10701
the member is removed under division (A)(5) of section 5126.0219	10702
5126.0220 of the Revised Code, the county board shall specify the	10703
training the member must complete before being eligible for	10704
reappointment.	10705

Sec. 5126.031.  (A) Except as provided in division (B) of	10706
this section, annually at the organizational meeting required by	10707
section 5126.02155126.0216 of the Revised Code, the chairperson	10708
of the county board of mental retardation and developmental	10709
disabilities shall appoint three members of the board to an ethics	10710
council to review all direct services contracts. The board's	10711
chairperson may be one of those appointed. The superintendent of	10712
the board shall be a nonvoting member of the council. The	10713
chairperson shall not appoint a person to the council if the	10714
person, or any member of the person's immediate family, will have	10715
any interest in any direct services contract under review by the	10716
council while the person serves on the council or during the	10717
twelve-month period after completing service on the council. If a	10718
council member or a member of the council member's immediate	10719
family has or will have such an interest, the chairperson shall	10720
replace the member by appointing another board member to the	10721
council.	10722

The council shall meet regularly as directed by the board to	10723
perform its duties. Minutes shall be kept of the actions of the	10724
council. The minutes shall be part of the public record of the	10725
county board.	10726

Any action taken by the council on direct services contracts	10727
under its review shall be in public. The council shall afford an	10728
affected party the opportunity to meet with the council on matters	10729
related to a direct services contract or any action taken by the	10730
council.	10731

(B) If a county board establishes a policy specifying that	10732
the board is not willing to enter into direct services contracts	10733
with any person who is a board member or former board member or a	10734
member of the immediate family of a board member or former board	10735
member, the board may assume the responsibilities and perform the	10736
duties of an ethics council specified in section 5126.032 of the	10737
Revised Code. The policy shall be established by resolution	10738
adopted by a majority of the members of the board in attendance at	10739
a meeting at which there is a quorum and shall be in effect for	10740
one year after its adoption, at which time the board shall, by	10741
resolution adopted in the same manner as the initial resolution,	10742
either renew the policy or establish a new one.	10743

Sec. 5126.034.  (A) If the requirements of section 5126.033	10744
of the Revised Code have been met for a particular direct services	10745
contract, a member or former member of a county board of mental	10746
retardation and developmental disabilities, a boardan employee or	10747
former employee of a county board, or an immediate family member	10748
of a county board member, former board member, employee, or former	10749
employee,of a county board is not in violation of the	10750
restrictions in Chapter 102. and sections 2921.42 and 5126.029	10751
5126.0210 of the Revised Code with regard to that contract.	10752

(B) Nothing in section 5126.033 of the Revised Code shall be	10753
construed to allow a member or employee of a county board to	10754
authorize, or use the authority of the member's or employee's	10755
office or employment to secure authorization of, a contract that	10756
could result in receipt by the county board member or employee or	10757
a member of the immediate family of the county board member or	10758
employee of payment for expenses incurred on behalf of an	10759
immediate family member who is an eligible person.	10760

Sec. 5126.037.  No county board of mental retardation and	10761
developmental disabilities shall contract with ana	10762
nongovernmental agency whose board includes a county commissioner	10763
of any of the counties served by the county board.	10764

Sec. 5139.02.  (A)(1) As used in this section, "managing	10765
officer" means the assistant director, a deputy director, an	10766
assistant deputy director, a superintendent, a regional	10767
administrator, a deputy superintendent, or the superintendent of	10768
schools of the department of youth services, a member of the	10769
release authority, the chief of staff to the release authority,	10770
and the victims administrator of the office of victim services.	10771

(2) Each division established by the director of youth	10772
services shall consist of managing officers and other employees,	10773
including those employed in institutions and regions as necessary	10774
to perform the functions assigned to them. The director,	10775
assistant director, or appropriate deputy director or managing	10776
officer of the department shall supervise the work of each	10777
division and determine general policies governing the exercise of	10778
powers vested in the department and assigned to each division. The	10779
appropriate managing officer or deputy director is responsible to	10780
the director or assistant director for the organization,	10781
direction, and supervision of the work of the division or unit and	10782
for the exercise of the powers and the performance of the duties	10783
of the department assigned to it and, with the director's	10784
approval, may establish bureaus or other administrative units	10785
within the department.	10786

(B) The director shall appoint all managing officers, who	10787
shall be in the unclassified civil service. If theThe director	10788
appoints amay appoint a person who holds a certified position in	10789
the classified service within the department to a position as a	10790
managing officer within the department. A person appointed	10791
pursuant to this division to a position as a managing officer from	10792
within the classified service of the department, the person so	10793
appointed retainsshall retain the right to resume the position	10794
and status held by the person in the classified service	10795
immediately prior to the person's appointment as managing officer.	10796
If such a person is removed from the position as managing officer,	10797
the person shall be reinstated, regardless of the number of	10798
positions the person held in the unclassified service. A managing	10799
officer's right to resume a position in the classified service may	10800
only be exercised when the director demotes the managing officer	10801
to a pay range lower than the managing officer's current pay range	10802
or revokes the managing officer's appointment to the position of	10803
managing officer. A managing officer forfeits the right to resume	10804
a position in the classified service when the managing officer is	10805
removed from the position of managing officer due to incompetence,	10806
inefficiency, dishonesty, drunkenness, immoral conduct,	10807
insubordination, discourteous treatment of the public, neglect of	10808
duty, violation of this chapter or Chapter 124. of the Revised	10809
Code, the rules of the director of youth services or the director	10810
of administrative services, any other failure of good behavior,	10811
any other acts of misfeasance, malfeasance, or nonfeasance in	10812
office, or conviction of a felony. A managing officer also	10813
forfeits the right to resume a position in the classified service	10814
upon transfer to a different agency.	10815

Reinstatement to a position in the classified service shall	10816
be to the position held in the classified service immediately	10817
prior to appointment as managing officer, or to another position	10818
certified by the director, with the approval of the department of	10819
administrative services, as being substantially equal to that	10820
position. Any person holding the position of managing officer on	10821
the effective date of this section is entitled to resume the	10822
position and status held in the classified service of the	10823
department of youth services immediately prior to appointment as a	10824
managing officerIf the position the person previously held in the	10825
classified service immediately prior to appointment as a managing	10826
officer has been placed in the unclassified service or is	10827
otherwise unavailable, the person shall be appointed to a position	10828
in the classified service within the department that the director	10829
of administrative services certifies is comparable in compensation	10830
to the position the person previously held in the classified	10831
service. Service as a managing officer shall be counted as service	10832
in the position in the classified service held by the reinstated	10833
person held immediately prior to the person's appointment as a	10834
managing officer. If a person is reinstated to a position in the	10835
classified service under this division, the person shall be	10836
returned to the pay range and step to which the person had been	10837
assigned at the time of the appointment as managing officer.	10838
Longevity, where applicable, shall be calculated pursuant to the	10839
provisions of section 124.181 of the Revised Code.	10840

(C) Each person appointed as a managing officer shall have	10841
received special training and shall have experience in the type of	10842
work that the person's division is required to perform. Each	10843
managing officer, under the supervision of the director, has	10844
entire charge of the division, institution, unit, or region for	10845
which the managing officer is appointed and, with the director's	10846
approval, shall appoint necessary employees and may remove them	10847
for cause.	10848

Sec. 5502.62.  (A) There is hereby created in the department	10849
of public safety a division of criminal justice services. The	10850
director of public safety, with the concurrence of the governor,	10851
shall appoint an executive director of the division of criminal	10852
justice services. The executive director shall be the head of the	10853
division. The executive director shall serve at the pleasure of	10854
the director of public safety. To carry out the duties assigned	10855
under this section and to comply with sections 5502.63 to 5502.66	10856
of the Revised Code, the executive director, subject to the	10857
direction and control of the director of public safety, may	10858
appoint and maintain any necessary staff and may enter into any	10859
necessary contracts and other agreements. The executive director	10860
of the division, and all professional and technical personnel	10861
employed within the division who are not public employees as	10862
defined in section 4117.01 of the Revised Code, shall be in the	10863
unclassified civil service, and all other persons employed within	10864
the division shall be in the classified civil service.	10865

(B) Subject to division (F) of this section and subject to	10866
divisions (D) to (F) of section 5120.09 of the Revised Code	10867
insofar as those divisions relate to federal criminal justice acts	10868
that the governor requires the department of rehabilitation and	10869
correction to administer, the division of criminal justice	10870
services shall do all of the following:	10871

(1) Serve as the state criminal justice services agency and	10872
perform criminal justice system planning in the state, including	10873
any planning that is required by any federal law;	10874

(2) Collect, analyze, and correlate information and data	10875
concerning the criminal justice system in the state;	10876

(3) Cooperate with and provide technical assistance to state	10877
departments, administrative planning districts, metropolitan	10878
county criminal justice services agencies, criminal justice	10879
coordinating councils, agencies, offices, and departments of the	10880
criminal justice system in the state, and other appropriate	10881
organizations and persons;	10882

(4) Encourage and assist agencies, offices, and departments	10883
of the criminal justice system in the state and other appropriate	10884
organizations and persons to solve problems that relate to the	10885
duties of the division;	10886

(5) Administer within the state any federal criminal justice	10887
acts that the governor requires it to administer;	10888

(6) Administer funds received under the "Family Violence	10889
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	10890
10401, as amended, with all powers necessary for the adequate	10891
administration of those funds, including the authority to	10892
establish a family violence prevention and services program.;	10893

(7) Implement the state comprehensive plans;

10894

(8) Audit grant activities of agencies, offices,	10895
organizations, and persons that are financed in whole or in part	10896
by funds granted through the division;	10897

(9) Monitor or evaluate the performance of criminal justice	10898
system projects and programs in the state that are financed in	10899
whole or in part by funds granted through the division;	10900

(10) Apply for, allocate, disburse, and account for grants	10901
that are made available pursuant to federal criminal justice acts,	10902
or made available from other federal, state, or private sources,	10903
to improve the criminal justice system in the state. Except as	10904
otherwise provided in this division, all money from such federal	10905
grants shall, if the terms under which the money is received	10906
require that the money be deposited into an interest-bearing fund	10907
or account, be deposited in the state treasury to the credit of	10908
the federal program purposes fund, which is hereby created. All	10909
investment earnings of the federal program purposes fund shall be	10910
credited to the fund. All money from such federal grants that	10911
require that the money be deposited into an interest-bearing fund	10912
or account, that are intended to provide funding to local criminal	10913
justice programs, and that require that investment earnings be	10914
distributed for program purposes shall be deposited in the state	10915
treasury to the credit of the federal justice programs fundfunds,	10916
which isare hereby created. A separate fund shall be established	10917
each federal fiscal year. All investment earnings of thea federal	10918
justice programs fund shall be credited to thethat fund and	10919
distributed in accordance with the terms of the grant under which	10920
the money is received.	10921

(11) Contract with federal, state, and local agencies,	10922
foundations, corporations, businesses, and persons when necessary	10923
to carry out the duties of the division;	10924

(12) Oversee the activities of metropolitan county criminal	10925
justice services agencies, administrative planning districts, and	10926
criminal justice coordinating councils in the state;	10927

(13) Advise the director of public safety, general assembly,	10928
and governor on legislation and other significant matters that	10929
pertain to the improvement and reform of criminal and juvenile	10930
justice systems in the state;	10931

(14) Prepare and recommend legislation to the director of	10932
public safety, general assembly, and governor for the improvement	10933
of the criminal and juvenile justice systems in the state;	10934

(15) Assist, advise, and make any reports that are requested	10935
or required by the governor, director of public safety, attorney	10936
general, or general assembly;	10937

(16) Develop and maintain the Ohio incident-based reporting	10938
system in accordance with division (C) of this section;	10939

(17) Subject to the approval of the director of public	10940
safety, adopt rules pursuant to Chapter 119. of the Revised Code.	10941

(C) The officedivision of criminal justice services shall	10942
develop and maintain the Ohio incident-based reporting system to	10943
facilitate the sharing of information with the federal bureau of	10944
investigation and participating law enforcement agencies in Ohio.	10945
The Ohio incident-based reporting system shall be known as OIBRS.	10946
In connection with OIBRS, the officedivision shall do all of the	10947
following:	10948

(1) Collect and organize statistical data for reporting to	10949
the national incident-based reporting system operated by the	10950
federal bureau of investigation for the purpose of securing	10951
federal criminal justice grants;	10952

(2) Analyze and highlight mapping data for participating law	10953
enforcement agencies;	10954

(3) Distribute data and analyses to participating law	10955
enforcement agencies;	10956

(4) Encourage nonparticipating law enforcement agencies to	10957
participate in OIBRS by offering demonstrations, training, and	10958
technical assistance;	10959

(5) Provide assistance, advice, and reports requested by the	10960
governor, the general assembly, or the federal bureau of	10961
investigation;	10962

(6) Require every law enforcement agency that receives	10963
federal criminal justice grants or state criminal justice	10964
information system general revenue funds through the office to	10965
participate in OIBRS or in the uniform crime reporting program of	10966
the federal bureau of investigation. An agency that submits OIBRS	10967
data to the Ohio local law enforcement information sharing network	10968
shall be considered to be in compliance with division (C)(6) of	10969
this section if both of the following apply:	10970

(a) The Ohio local law enforcement information sharing	10971
network is capable of collecting OIBRS data.	10972

(b) The officedivision of criminal justice services has the	10973
ability to extract the OIBRS data for reporting to the national	10974
incident-based reporting system in the manner required by the	10975
federal bureau of investigation.	10976

(D) Upon the request of the director of public safety or	10977
governor, the division of criminal justice services may do any of	10978
the following:	10979

(1) Collect, analyze, or correlate information and data	10980
concerning the juvenile justice system in the state;	10981

(2) Cooperate with and provide technical assistance to state	10982
departments, administrative planning districts, metropolitan	10983
county criminal justice service agencies, criminal justice	10984
coordinating councils, agency offices, and the departments of the	10985
juvenile justice system in the state and other appropriate	10986
organizations and persons;	10987

(3) Encourage and assist agencies, offices, and departments	10988
of the juvenile justice system in the state and other appropriate	10989
organizations and persons to solve problems that relate to the	10990
duties of the division.	10991

(E) Divisions (B), (C), and (D) of this section do not limit	10992
the discretion or authority of the attorney general with respect	10993
to crime victim assistance and criminal justice programs.	10994

(F) Nothing in this section is intended to diminish or alter	10995
the status of the office of the attorney general as a criminal	10996
justice services agency or to diminish or alter the status or	10997
discourage the development and use of other law enforcement	10998
information systems in Ohio.	10999

Sec. 5533.75.  That portion of the road known as state route	11000
one hundred eighty-eight, located within Fairfield county only,	11001
shall be known as the "Deputy Ethan Collins Memorial Highway."	11002

The director of transportation may erect suitable markers	11003
along the highway indicating its name.	11004

Sec. 5537.01.  As used in this chapter:

11005

(A) "Commission" means the Ohio turnpike commission created	11006
by section 5537.02 of the Revised Code or, if that commission is	11007
abolished, the board, body, officer, or commission succeeding to	11008
the principal functions thereof or to which the powers given by	11009
this chapter to the commission are given by law.	11010

(B) "Project" or "turnpike project" means any express or	11011
limited access highway, super highway, or motorway constructed,	11012
operated, or improved, under the jurisdiction of the commission	11013
and pursuant to this chapter, at a location or locations reviewed	11014
by the turnpike oversightlegislative review committee and	11015
approved by the governor, including all bridges, tunnels,	11016
overpasses, underpasses, interchanges, entrance plazas,	11017
approaches, those portions of connecting public roads that serve	11018
interchanges and are determined by the commission and the director	11019
of transportation to be necessary for the safe merging of traffic	11020
between the turnpike project and those public roads, toll booths,	11021
service facilities, and administration, storage, and other	11022
buildings, property, and facilities that the commission considers	11023
necessary for the operation or policing of the project, together	11024
with all property and rights which may be acquired by the	11025
commission for the construction, maintenance, or operation of the	11026
project, and includes any sections or extensions of a turnpike	11027
project designated by the commission as such for the particular	11028
purpose. Each turnpike project shall be separately designated, by	11029
name or number, and may be constructed, improved, or extended in	11030
such sections as the commission may from time to time determine.	11031
Construction includes the improvement and renovation of a	11032
previously constructed project, including additional interchanges,	11033
whether or not the project was initially constructed by the	11034
commission.	11035

(C) "Cost," as applied to construction of a turnpike project,	11036
includes the cost of construction, including bridges over or under	11037
existing highways and railroads, acquisition of all property	11038
acquired by the commission for the construction, demolishing or	11039
removing any buildings or structures on land so acquired,	11040
including the cost of acquiring any lands to which the buildings	11041
or structures may be moved, site clearance, improvement, and	11042
preparation, diverting public roads, interchanges with public	11043
roads, access roads to private property, including the cost of	11044
land or easements therefor, all machinery, furnishings, and	11045
equipment, communications facilities, financing expenses, interest	11046
prior to and during construction and for one year after completion	11047
of construction, traffic estimates, indemnity and surety bonds and	11048
premiums on insurance, title work and title commitments,	11049
insurance, and guarantees, engineering, feasibility studies, and	11050
legal expenses, plans, specifications, surveys, estimates of cost	11051
and revenues, other expenses necessary or incident to determining	11052
the feasibility or practicability of constructing or operating a	11053
project, administrative expenses, and any other expense that may	11054
be necessary or incident to the construction of the project, the	11055
financing of the construction, and the placing of the project in	11056
operation. Any obligation or expense incurred by the department of	11057
transportation with the approval of the commission for surveys,	11058
borings, preparation of plans and specifications, and other	11059
engineering services in connection with the construction of a	11060
project, or by the federal government with the approval of the	11061
commission for any public road projects which must be reimbursed	11062
as a condition to the exercise of any of the powers of the	11063
commission under this chapter, shall be regarded as a part of the	11064
cost of the project and shall be reimbursed to the state or the	11065
federal government, as the case may be, from revenues, state	11066
taxes, or the proceeds of bonds as authorized by this chapter.	11067

(D) "Owner" includes all persons having any title or interest	11068
in any property authorized to be acquired by the commission under	11069
this chapter.	11070

(E) "Revenues" means all tolls, service revenues, investment	11071
income on special funds, rentals, gifts, grants, and all other	11072
moneys coming into the possession of or under the control of the	11073
commission by virtue of this chapter, except the proceeds from the	11074
sale of bonds. "Revenues" does not include state taxes.	11075

(F) "Public roads" means all public highways, roads, and	11076
streets in the state, whether maintained by a state agency or any	11077
other governmental agency.	11078

(G) "Public utility facilities" means tracks, pipes, mains,	11079
conduits, cables, wires, towers, poles, and other equipment and	11080
appliances of any public utility.	11081

(H) "Financing expenses" means all costs and expenses	11082
relating to the authorization, issuance, sale, delivery,	11083
authentication, deposit, custody, clearing, registration,	11084
transfer, exchange, fractionalization, replacement, payment, and	11085
servicing of bonds including, without limitation, costs and	11086
expenses for or relating to publication and printing, postage,	11087
delivery, preliminary and final official statements, offering	11088
circulars, and informational statements, travel and	11089
transportation, underwriters, placement agents, investment	11090
bankers, paying agents, registrars, authenticating agents,	11091
remarketing agents, custodians, clearing agencies or corporations,	11092
securities depositories, financial advisory services,	11093
certifications, audits, federal or state regulatory agencies,	11094
accounting and computation services, legal services and obtaining	11095
approving legal opinions and other legal opinions, credit ratings,	11096
redemption premiums, and credit enhancement facilities.	11097

(I) "Bond proceedings" means the resolutions, trust	11098
agreements, certifications, notices, sale proceedings, leases,	11099
lease-purchase agreements, assignments, credit enhancement	11100
facility agreements, and other agreements, instruments, and	11101
documents, as amended and supplemented, or any one or more or any	11102
combination thereof, authorizing, or authorizing or providing for	11103
the terms and conditions applicable to, or providing for the	11104
security or sale or award or liquidity of, bonds, and includes the	11105
provisions set forth or incorporated in those bonds and bond	11106
proceedings.	11107

(J) "Bond service charges" means principal, including any	11108
mandatory sinking fund or mandatory redemption requirements for	11109
the retirement of bonds, and interest and any redemption premium	11110
payable on bonds, as those payments come due and are payable to	11111
the bondholder or to a person making payment under a credit	11112
enhancement facility of those bond service charges to a	11113
bondholder.	11114

(K) "Bond service fund" means the applicable fund created by	11115
the bond proceedings for and pledged to the payment of bond	11116
service charges on bonds provided for by those proceedings,	11117
including all moneys and investments, and earnings from	11118
investments, credited and to be credited to that fund as provided	11119
in the bond proceedings.	11120

(L) "Bonds" means bonds, notes, including notes anticipating	11121
bonds or other notes, commercial paper, certificates of	11122
participation, or other evidences of obligation, including any	11123
interest coupons pertaining thereto, issued by the commission	11124
pursuant to this chapter.	11125

(M) "Net revenues" means revenues lawfully available to pay	11126
both current operating expenses of the commission and bond service	11127
charges in any fiscal year or other specified period, less current	11128
operating expenses of the commission and any amount necessary to	11129
maintain a working capital reserve for that period.	11130

(N) "Pledged revenues" means net revenues, moneys and	11131
investments, and earnings on those investments, in the applicable	11132
bond service fund and any other special funds, and the proceeds of	11133
any bonds issued for the purpose of refunding prior bonds, all as	11134
lawfully available and by resolution of the commission committed	11135
for application as pledged revenues to the payment of bond service	11136
charges on particular issues of bonds.	11137

(O) "Service facilities" means service stations, restaurants,	11138
and other facilities for food service, roadside parks and rest	11139
areas, parking, camping, tenting, rest, and sleeping facilities,	11140
hotels or motels, and all similar and other facilities providing	11141
services to the traveling public in connection with the use of a	11142
turnpike project and owned, leased, licensed, or operated by the	11143
commission.	11144

(P) "Service revenues" means those revenues of the commission	11145
derived from its ownership, leasing, licensing, or operation of	11146
service facilities.	11147

(Q) "Special funds" means the applicable bond service fund	11148
and any accounts and subaccounts in that fund, any other funds or	11149
accounts permitted by and established under, and identified as a	11150
"special fund" or "special account" in, the bond proceedings,	11151
including any special fund or account established for purposes of	11152
rebate or other requirements under federal income tax laws.	11153

(R) "State agencies" means the state, officers of the state,	11154
and boards, departments, branches, divisions, or other units or	11155
agencies of the state.	11156

(S) "State taxes" means receipts of the commission from the	11157
proceeds of state taxes or excises levied and collected, or	11158
appropriated by the general assembly to the commission, for the	11159
purposes and functions of the commission. State taxes do not	11160
include tolls, or investment earnings on state taxes except on	11161
those state taxes referred to in Section 5a of Article XII, Ohio	11162
Constitution.	11163

(T) "Tolls" means tolls, special fees or permit fees, or	11164
other charges by the commission to the owners, lessors, lessees,	11165
or operators of motor vehicles for the operation of or the right	11166
to operate those vehicles on a turnpike project.	11167

(U) "Credit enhancement facilities" means letters of credit,	11168
lines of credit, standby, contingent, or firm securities purchase	11169
agreements, insurance, or surety arrangements, guarantees, and	11170
other arrangements that provide for direct or contingent payment	11171
of bond service charges, for security or additional security in	11172
the event of nonpayment or default in respect of bonds, or for	11173
making payment of bond service charges and at the option and on	11174
demand of bondholders or at the option of the commission or upon	11175
certain conditions occurring under put or similar arrangements, or	11176
for otherwise supporting the credit or liquidity of the bonds, and	11177
includes credit, reimbursement, marketing, remarketing, indexing,	11178
carrying, interest rate hedge, and subrogation agreements, and	11179
other agreements and arrangements for payment and reimbursement of	11180
the person providing the credit enhancement facility and the	11181
security for that payment and reimbursement.	11182

(V) "Person" has the same meaning as in section 1.59 of the	11183
Revised Code and, unless the context otherwise provides, also	11184
includes any governmental agency and any combination of those	11185
persons.	11186

(W) "Refund" means to fund and retire outstanding bonds,	11187
including advance refunding with or without payment or redemption	11188
prior to stated maturity.	11189

(X) "Governmental agency" means any state agency, federal	11190
agency, political subdivision, or other local, interstate, or	11191
regional governmental agency, and any combination of those	11192
agencies.	11193

(Y) "Property" has the same meaning as in section 1.59 of the	11194
Revised Code, and includes interests in property.	11195

(Z) "Administrative agent," "agent," "commercial paper,"	11196
"floating rate interest structure," "indexing agent," "interest	11197
rate hedge," "interest rate period," "put arrangement," and	11198
"remarketing agent" have the same meanings as in section 9.98 of	11199
the Revised Code.	11200

(AA) "Outstanding," as applied to bonds, means outstanding in	11201
accordance with the terms of the bonds and the applicable bond	11202
proceedings.	11203

(BB) "Ohio turnpike system" or "system" means all existing	11204
and future turnpike projects constructed, operated, and maintained	11205
under the jurisdiction of the commission.	11206

Sec. 5537.02.  (A) There is hereby created a commission to be	11207
known as the "Ohio turnpike commission." The commission is a body	11208
both corporate and politic, constituting an instrumentality of the	11209
state, and the exercise by it of the powers conferred by this	11210
chapter in the construction, operation, and maintenance of the	11211
Ohio turnpike system are and shall be held to be essential	11212
governmental functions of the state, but the commission shall not	11213
be immune from liability by reason thereof. The commission is	11214
subject to all provisions of law generally applicable to state	11215
agencies which do not conflict with this chapter.	11216

(B)(1) The commission shall consist of sevennine members as	11217
follows:	11218

(a) Four members appointed by the governor with the advice	11219
and consent of the senate, no more than two of whom shall be	11220
members of the same political party;	11221

(b) The director of transportation who, the director of	11222
budget and management, and the director of development, each of	11223
whom shall be a member ex officio without compensation;	11224

(c) One member of the senate, appointed by the president of	11225
the senate, who shall represent either a district in which is	11226
located or through which passes a portion of a turnpike project	11227
that is part of the Ohio turnpike system or a district located in	11228
the vicinity of a turnpike project that is part of the Ohio	11229
turnpike system;	11230

(d) One member of the house of representatives, appointed by	11231
the speaker of the house of representatives, who shall represent	11232
either a district in which is located or through which passes a	11233
portion of a turnpike project that is part of the Ohio turnpike	11234
system or a district located in the vicinity of a turnpike project	11235
that is part of the Ohio turnpike system.	11236

(2) The members appointed by the governor shall be residents	11237
of the state, shall have been qualified electors therein for a	11238
period of at least five years next preceding their appointment,	11239
and shall serve terms of eight years commencing on the first day	11240
of July and ending on the thirtieth day of June. Those members	11241
appointed by the president of the senate or the speaker of the	11242
house of representatives shall serve a term of the remainder of	11243
the general assembly during which the senator or representative is	11244
appointed. Each appointed member shall hold office from the date	11245
of appointment until the end of the term for which the member was	11246
appointed. If a commission member dies or resigns, or if a	11247
senator,or representative, or the director of transportation who	11248
is a member of the commission ceases to be a senator,or	11249
representative, or the director of transportationif an ex officio	11250
member ceases to hold the applicable office, the vacancy shall be	11251
filled in the same manner as provided in division (B)(1) of this	11252
section. Any member who fills a vacancy occurring prior to the end	11253
of the term for which the member's predecessor was appointed	11254
shall, if appointed by the governor, hold office for the remainder	11255
of such term or, if appointed by the president of the senate or	11256
the speaker of the house of representatives, shall hold office for	11257
the remainder of the term or for a shorter period of time as	11258
determined by the president or the speaker. Any member appointed	11259
by the governor shall continue in office subsequent to the	11260
expiration date of the member's term until the member's successor	11261
takes office, or until a period of sixty days has elapsed,	11262
whichever occurs first. A member of the commission is eligible for	11263
reappointment. Each member of the commission appointed by the	11264
governor, before entering upon histhe member's duties, shall take	11265
an oath as provided by Section 7 of Article XV, Ohio Constitution.	11266
The governor, the president of the senate, or the speaker of the	11267
house of representatives, may at any time remove their respective	11268
appointees to the commission for misfeasance, nonfeasance, or	11269
malfeasance in office.	11270

(3)(a) A member of the commission who is appointed by the	11271
president of the senate or the speaker of the house of	11272
representatives shall not participate in any vote of the	11273
commission. Serving as an appointed member of the commission under	11274
divisions (B)(1)(c), (1)(d), or (2) of this section does not	11275
constitute grounds for resignation from the senate or the house of	11276
representatives under section 101.26 of the Revised Code.	11277

(b) The director of budget and management and the director of	11278
development shall not participate in any vote of the commission.	11279

(C) The voting members of the commission shall elect one of	11280
the appointed voting members as chairperson and another as	11281
vice-chairperson, and shall appoint a secretary-treasurer who need	11282
not be a member of the commission. Three of the voting members of	11283
the commission constitute a quorum, and the affirmative vote of	11284
three voting members is necessary for any action taken by the	11285
commission. No vacancy in the membership of the commission impairs	11286
the rights of a quorum to exercise all the rights and perform all	11287
the duties of the commission.	11288

(D) Each member of the commission appointed by the governor	11289
shall give a surety bond to the commission in the penal sum of	11290
twenty-five thousand dollars and the secretary-treasurer shall	11291
give such a bond in at least the penal sum of fifty thousand	11292
dollars. The commission may require any of its officers or	11293
employees to file surety bonds including a blanket bond as	11294
provided in section 3.06 of the Revised Code. Each such bond shall	11295
be in favor of the commission and shall be conditioned upon the	11296
faithful performance of the duties of the office, executed by a	11297
surety company authorized to transact business in this state,	11298
approved by the governor, and filed in the office of the secretary	11299
of state. The costs of the surety bonds shall be paid or	11300
reimbursed by the commission from revenues. Each member of the	11301
commission appointed by the governor shall receive an annual	11302
salary of five thousand dollars, payable in monthly installments.	11303
Each member shall be reimbursed for the member's actual expenses	11304
necessarily incurred in the performance of the member's duties.	11305
All costs and expenses incurred by the commission in carrying out	11306
this chapter shall be payable solely from revenues and state	11307
taxes, and no liability or obligation shall be incurred by the	11308
commission beyond the extent to which revenues have been provided	11309
for pursuant to this chapter.	11310

Sec. 5537.03.  In order to remove present and anticipated	11311
handicaps and potential hazards on the congested highways in this	11312
state, to facilitate vehicular traffic throughout the state, to	11313
promote the agricultural, commercial, recreational, tourism, and	11314
industrial development of the state, and to provide for the	11315
general welfare by the construction, improvement, and maintenance	11316
of modern express highways embodying safety devices, including	11317
without limitation center divisions, ample shoulder widths,	11318
longsight distances, multiple lanes in each direction, and grade	11319
separations at intersections with other public roads and	11320
railroads, the Ohio turnpike commission, subject to section	11321
5537.26 of the Revised Code, may construct, maintain, repair, and	11322
operate a system of turnpike projects at locations that are	11323
reviewed by the turnpike oversightlegislative review committee	11324
and approved by the governor, and in accordance with alignment and	11325
design standards that are approved by the director of	11326
transportation, and issue revenue bonds of this state, payable	11327
solely from pledged revenues, to pay the cost of those projects.	11328
The turnpikes and turnpike projects authorized by this chapter are	11329
hereby or shall be made part of the Ohio turnpike system.	11330

Sec. 5537.10.  This chapter provides an additional and	11331
alternative method for doing the things and taking the actions	11332
authorized by this chapter. This chapter shall be regarded as	11333
supplemental and additional to powers conferred by other laws, and	11334
shall not be regarded as in derogation of any powers existing on	11335
or after September 1, 1949. TheExcept for section 126.11 of the	11336
Revised Code, the issuance of bonds under this chapter need not	11337
comply with any other law applicable to the issuance of bonds.	11338

Sec. 5537.17.  (A) Each turnpike project open to traffic	11339
shall be maintained and kept in good condition and repair by the	11340
Ohio turnpike commission. The Ohio turnpike system shall be	11341
policed and operated by a force of police, toll collectors, and	11342
other employees and agents that the commission employs or	11343
contracts for.	11344

(B) All public or private property damaged or destroyed in	11345
carrying out the powers granted by this chapter shall be restored	11346
or repaired and placed in its original condition, as nearly as	11347
practicable, or adequate compensation or consideration made	11348
therefor out of moneys provided under this chapter.	11349

(C) All governmental agencies may lease, lend, grant, or	11350
convey to the commission at its request, upon terms that the	11351
proper authorities of the governmental agencies consider	11352
reasonable and fair and without the necessity for an	11353
advertisement, order of court, or other action or formality, other	11354
than the regular and formal action of the authorities concerned,	11355
any property that is necessary or convenient to the effectuation	11356
of the purposes of the commission, including public roads and	11357
other property already devoted to public use.	11358

(D) Each bridge constituting part of a turnpike project shall	11359
be inspected at least once each year by a professional engineer	11360
employed or retained by the commission.	11361

(E) On or before the first day of July in each year, the	11362
commission shall make an annual report of its activities for the	11363
preceding calendar year to the governor and the general assembly.	11364
Each such report shall set forth a complete operating and	11365
financial statement covering the commission's operations during	11366
the year. The commission shall cause an audit of its books and	11367
accounts to be made at least once each year by certified public	11368
accountants, and the cost thereof may be treated as a part of the	11369
cost of operations of the commission. The auditor of state, at	11370
least once a year and without previous notice to the commission,	11371
shall audit the accounts and transactions of the commission.	11372

(F) The commission shall submit a copy of its annual audit by	11373
the auditor of state and its proposed annual budget for each	11374
calendar or fiscal year to the governor, the presiding officers of	11375
each house of the general assembly, the director of budget and	11376
management, and the legislative service commission no later than	11377
the first day of that calendar or fiscal year.	11378

(G) Upon request of the chairperson of the appropriate	11379
standing committee or subcommittee of the senate and house of	11380
representatives that is primarily responsible for considering	11381
transportation budget matters, the commission shall appear at	11382
least one time before each committee or subcommittee during the	11383
period when that committee or subcommittee is considering the	11384
biennial appropriations for the department of transportation and	11385
shall provide testimony outlining its budgetary results for the	11386
last two calendar years, including a comparison of budget and	11387
actual revenue and expenditure amounts. The commission also shall	11388
address its current budget and long-term capital plan.	11389

(H) Not more than sixty nor less than thirty days before	11390
adopting its annual budget, the commission shall submit a copy of	11391
its proposed annual budget to the governor, the presiding officers	11392
of each house of the general assembly, the director of budget and	11393
management, and the legislative service commission. The office of	11394
budget and management shall review the proposed budget and may	11395
provide recommendations to the commission for its consideration.	11396

Sec. 5537.24.  (A) There is hereby created a turnpike	11397
oversightlegislative review committee consisting of six members	11398
as follows:	11399

(1) Three members of the senate, no more than two of whom	11400
shall be members of the same political party, one of whom shall be	11401
the chairperson of the committee dealing primarily with highway	11402
matters, one of whom shall be appointed by the president of the	11403
senate, and one of whom shall be appointed by the minority leader	11404
of the senate.	11405

Both the senate member who is appointed by the president of	11406
the senate and the senate member appointed by the minority leader	11407
of the senate shall represent either districts in which is located	11408
or through which passes a portion of a turnpike project that is	11409
part of the Ohio turnpike system or districts located in the	11410
vicinity of a turnpike project that is part of the Ohio turnpike	11411
system.	11412

The president of the senate shall make the president of the	11413
senate's appointment to the committee first, followed by the	11414
minority leader of the senate, and they shall make their	11415
appointments in such a manner that their two appointees represent	11416
districts that are located in different areas of the state. If the	11417
chairperson of the senate committee dealing primarily with highway	11418
matters represents a district in which is located or through which	11419
passes a portion of a turnpike project that is part of the Ohio	11420
turnpike system or a district located in the vicinity of a	11421
turnpike project that is part of the Ohio turnpike system, the	11422
president of the senate and the minority leader of the senate	11423
shall make their appointments in such a manner that their two	11424
appointees and the chairperson of the senate committee dealing	11425
primarily with highway matters all represent districts that are	11426
located in different areas of the state.	11427

(2) Three members of the house of representatives, no more	11428
than two of whom shall be members of the same political party, one	11429
of whom shall be the chairperson of the house of representatives	11430
committee dealing primarily with highway matters, one of whom	11431
shall be appointed by the speaker of the house of representatives,	11432
and one of whom shall be appointed by the minority leader of the	11433
house of representatives.	11434

Both the house of representatives member who is appointed by	11435
the speaker of the house of representatives and the house of	11436
representatives member appointed by the minority leader of the	11437
house of representatives shall represent either districts in which	11438
is located or through which passes a portion of a turnpike project	11439
that is part of the Ohio turnpike system or districts located in	11440
the vicinity of a turnpike project that is part of the Ohio	11441
turnpike system.	11442

The speaker of the house of representatives shall make the	11443
speaker of the house of representative's appointment to the	11444
committee first, followed by the minority leader of the house of	11445
representatives, and they shall make their appointments in such a	11446
manner that their two appointees represent districts that are	11447
located in different areas of the state. If the chairperson of the	11448
house of representatives committee dealing primarily with highway	11449
matters represents a district in which is located or through which	11450
passes a portion of a turnpike project that is part of the Ohio	11451
turnpike system or a district located in the vicinity of a	11452
turnpike project that is part of the Ohio turnpike system, the	11453
speaker of the house of representatives and the minority leader of	11454
the house of representatives shall make their appointments in such	11455
a manner that their two appointees and the chairperson of the	11456
house of representatives committee dealing primarily with highway	11457
matters all represent districts that are located in different	11458
areas of the state.	11459

The chairperson of the house of representatives committee	11460
shall serve as the chairperson of the turnpike oversight	11461
legislative review committee for the year 1996. Thereafter, the	11462
chair annually shall alternate between, first, the chairperson of	11463
the senate committee and then the chairperson of the house of	11464
representatives committee.	11465

(B) Each member of the turnpike oversightlegislative review	11466
committee who is a member of the general assembly shall serve a	11467
term of the remainder of the general assembly during which the	11468
member is appointed or is serving as chairperson of the specified	11469
senate or house committee. In the event of the death or	11470
resignation of a committee member who is a member of the general	11471
assembly, or in the event that a member ceases to be a senator or	11472
representative, or in the event that the chairperson of the senate	11473
committee dealing primarily with highway matters or the	11474
chairperson of the house of representatives committee dealing	11475
primarily with highway matters ceases to hold that position, the	11476
vacancy shall be filled through an appointment by the president of	11477
the senate or the speaker of the house of representatives or	11478
minority leader of the senate or house of representatives, as	11479
applicable. Any member appointed to fill a vacancy occurring prior	11480
to the end of the term for which the member's predecessor was	11481
appointed shall hold office for the remainder of the term or for a	11482
shorter period of time as determined by the president or the	11483
speaker. A member of the committee is eligible for reappointment.	11484

(C) The turnpike oversightlegislative review committee shall	11485
meet at least quarterly and may meet at the call of its	11486
chairperson, or upon the written request to the chairperson of not	11487
fewer than four members of the committee. At least three of the	11488
quarterly meetingsMeetings shall be held at sites located along a	11489
turnpike project asthat are determined solely by the chairperson	11490
of the committee. At each meeting, the Ohio turnpike commission	11491
shall make a report to the committee on commission matters,	11492
including but not limited to financial and budgetary matters and	11493
proposed and on-going construction, maintenance, repair, and	11494
operational projects of the commission.	11495

The committee, by the affirmative vote of at least four of	11496
its members, may submit written recommendations to the commission,	11497
either at meetings held pursuant to this section or at any other	11498
time, describing new turnpike projects or new interchanges located	11499
on existing projects that the committee believes the commission	11500
should consider constructing.	11501

(D) The members of the turnpike oversightlegislative review	11502
committee who are members of the general assembly shall serve	11503
without compensation, but shall be reimbursed by the commission	11504
for their actual and necessary expenses incurred in the discharge	11505
of their official duties as committee members. Serving as a	11506
member of the turnpike oversightlegislative review committee does	11507
not constitute grounds for resignation from the senate or house of	11508
representatives under section 101.26 of the Revised Code.	11509

Sec. 5537.26.  (A) Except as provided in division (D) of this	11510
section, no increase by the Ohio turnpike commission in the toll	11511
rate structure that is applicable to vehicles operating on a	11512
turnpike project shall become effective unless the commission	11513
complies with the notice and hearing requirements prescribed in	11514
division (B) of this section, and the commission shall not take	11515
any action that expands, has the effect of expanding, or will to	11516
any degree at any time in the future have the effect of expanding	11517
the sphere of responsibility of the commission beyond the Ohio	11518
turnpike, unless the commission complies with the notice and	11519
hearing requirements prescribed in division (B) of this section.	11520

(B) Not less than ninety days prior to the date on which the	11521
commission votes to increase any part of the toll rate structure	11522
that is applicable to vehicles operating on a turnpike project,	11523
and not less than ninety days prior to the date on which the	11524
commission votes to take an action that expands, has the effect of	11525
expanding, or will to any degree at any time in the future have	11526
the effect of expanding the sphere of responsibility of the	11527
commission beyond the Ohio turnpike, the commission shall commence	11528
do both of the following:	11529

(1) Send notice to the governor and the presiding officers	11530
and minority leaders of the senate and house of representatives	11531
that details the proposed increase to the toll rate structure or	11532
the expansion of the sphere of responsibility of the commission	11533
beyond the Ohio turnpike, including a description of and a	11534
justification for the increase or expansion;	11535

(2) Commence holding public hearings on the proposed increase	11536
in the toll rate structure or the proposed action. If the	11537
commission is proposing an increase in the toll rate structure	11538
that is applicable to vehicles operating on a turnpike project, it	11539
shall hold not less than three public hearings in three	11540
geographically diverse locations in this state that are in the	11541
immediate vicinity of the affected project. If the commission is	11542
proposing to take an action that expands, has the effect of	11543
expanding, or will to any degree at any time in the future have	11544
the effect of expanding the sphere of responsibility of the	11545
commission beyond the Ohio turnpike, it shall hold not less than	11546
three public hearings in three locations in the immediate vicinity	11547
where the expanded responsibilities would arise.	11548

The commission shall hold the third or, if it holds more than	11549
three hearings, the last hearing of any set of hearings required	11550
to be held under this section not less than thirty days prior to	11551
the date on which it votes to increase part of the toll rate	11552
structure that is applicable to vehicles operating on a turnpike	11553
project or to take an action that expands, has the effect of	11554
expanding, or will to any degree at any time in the future have	11555
the effect of expanding the sphere of responsibility of the	11556
commission beyond the Ohio turnpike.	11557

The commission shall inform the public of all the hearings	11558
required to be held under this section by causing a notice to be	11559
published in a newspaper of general circulation in the county in	11560
which each hearing is to be held, not less than once per week for	11561
two weeks prior to the date of the hearing.	11562

(C) If the commission does not comply with the notice and	11563
hearing requirements contained in division (B) of this section and	11564
votes for an increase in the toll rate structure that is	11565
applicable to vehicles operating on a turnpike project, the	11566
increase in the toll rate structure shall not take effect, any	11567
attempt by the commission to implement the increase in the toll	11568
rate structure is void, and, if necessary, the attorney general	11569
shall file an action in the court of common pleas of the county in	11570
which the principal office of the commission is located to enjoin	11571
the commission from implementing the increase. The commission	11572
shall not implement any increase until it complies with division	11573
(B) of this section.	11574

If the commission does not comply with the notice and hearing	11575
requirements contained in division (B) of this section and votes	11576
to take an action that expands, has the effect of expanding, or	11577
will to any degree at any time in the future have the effect of	11578
expanding the sphere of responsibility of the commission beyond	11579
the Ohio turnpike, the commission shall not take the proposed	11580
action and, if necessary, the attorney general shall file an	11581
action in the court of common pleas of the county in which the	11582
principal office of the commission is located to enjoin the	11583
commission from taking the proposed action. The commission shall	11584
not take the proposed action until it complies with the notice and	11585
hearing requirements prescribed in division (B) of this section.	11586

(D) Divisions (A) to (C) of this section do not apply to any	11587
decrease made to the toll rate structure by the commission. The	11588
commission may implement a temporary decrease in the toll rate	11589
structure only if it does not exceed eighteen months in duration.	11590
Prior to instituting any decrease to the toll rate structure, the	11591
commission shall holddo both of the following:	11592

(1) Not less than five days prior to any public meeting under	11593
division (D)(2) of this section, send notice to the governor and	11594
the presiding officers and minority leaders of the senate and	11595
house of representatives that details the proposed decrease to the	11596
toll rate structure;	11597

(2) Hold a public meeting to explain to members of the	11598
traveling public the reasons for the upcoming decrease, to inform	11599
them of any benefits and any negative consequences, and to give	11600
them the opportunity to express their opinions as to the relative	11601
merits or drawbacks of each toll decrease. The commission shall	11602
inform the public of the meeting by causing a notice to be	11603
published in newspapers of general circulation in Cuyahoga, Lucas,	11604
Mahoning, Trumbull, Williams, and Summit counties not less than	11605
five days prior to the meeting. The commission shall not be	11606
required to hold any public hearing or meeting upon the expiration	11607
of any temporary decrease in the toll rate structure, so long as	11608
it implements the same toll rate structure that was in effect	11609
immediately prior to the temporary decrease.	11610

(E) As used in this section, "Ohio turnpike" means the toll	11611
freeway that is under the jurisdiction of the commission and runs	11612
in an easterly and westerly direction across the entire northern	11613
portion of this state between its borders with the state of	11614
Pennsylvania in the east and the state of Indiana in the west, and	11615
carries the interstate highway designations of interstate	11616
seventy-six, interstate eighty, and interstate eighty-ninety.	11617

Sec. 5537.27.  The Ohio turnpike commission, the director of	11618
transportation or the director's designee, and another person	11619
designated by the governor shall establish a procedure whereby a	11620
political subdivision or other government agency or agencies may	11621
submit a written application to the commission, requesting the	11622
commission to construct and operate a project within the	11623
boundaries of the subdivision, agency, or agencies making the	11624
request. The procedure shall include a requirement that the	11625
commission send a written reply to the subdivision, agency, or	11626
agencies, explaining the disposition of the request. The procedure	11627
established pursuant to this section shall not become effective	11628
unless it is approved by the commission and by the director or the	11629
director's designee and the designee of the governor, and shall	11630
require submission of the proposed project to the turnpike	11631
oversightlegislative review committee if the project must be	11632
approved by the governor.	11633

Sec. 5537.28.  (A) Notwithstanding any other provision of	11634
law, on and after the effective date of this section, the Ohio	11635
turnpike commission shall not expend any toll revenues that are	11636
generated by an existing turnpike project to fund in any manner or	11637
to any degree the construction, operation, maintenance, or repair	11638
of another turnpike project the location of which must be reviewed	11639
by the turnpike oversightlegislative review committee and	11640
approved by the governor.	11641

In paying the cost of such a project, the commission may	11642
issue bonds and bond anticipation notes as permitted by this	11643
chapter, and may accept moneys from any source to pay the cost of	11644
any portion of the project, including, but not limited to, the	11645
federal government, any department or agency of this state, and	11646
any political subdivision or other government agency. Each such	11647
project shall be constructed, operated, maintained, and repaired	11648
entirely with funds generated by that project or otherwise	11649
specifically acquired for that project from sources permitted by	11650
this chapter.	11651

(B) The commission shall not expend any toll revenues	11652
generated by the Ohio turnpike to pay any amount of the principal	11653
amount of, or interest due on, any bonds or bond anticipation	11654
notes issued by the commission to pay any portion of the cost of	11655
another turnpike project the location of which must be reviewed by	11656
the turnpike oversightlegislative review committee and approved	11657
by the governor. The commission shall not expend any toll revenues	11658
generated by any turnpike project to pay any amount of the	11659
principal amount of, or interest due on, any bonds or bond	11660
anticipation notes issued by the commission to pay any portion of	11661
the cost of a new turnpike project the location of which must be	11662
reviewed by the turnpike oversightlegislative review committee	11663
and approved by the governor or the cost of the operation, repair,	11664
improvement, maintenance, or reconstruction of any turnpike	11665
project other than the project that generated those toll revenues.	11666

(C) As used in this section:

11667

(1) "Ohio turnpike" has the same meaning as in division (E)	11668
of section 5537.26 of the Revised Code;	11669

(2) "Another turnpike project" does not include	11670
infrastructure improvements on the Ohio turnpike or on connecting	11671
roadways within one mile of an Ohio turnpike interchange.	11672

Sec. 5701.11. (A)The effective date referred to in this	11673
section is the effective date of this section as amended by H.B.	11674
699 of the 126th general assembly.	11675

(A) Except as provided under division (B) of this section,	11676
any reference in Title LVII of the Revised Code to the Internal	11677
Revenue Code, to the Internal Revenue Code "as amended," to other	11678
laws of the United States, or to other laws of the United States,	11679
"as amended" means the Internal Revenue Code or other laws of the	11680
United States as they exist on the effective date of this section	11681
as enacted by H.B. 530 of the 126th general assemblythe effective	11682
date. This section does not apply to any reference to the Internal	11683
Revenue Code or to other laws of the United States as of a date	11684
certain specifying the day, month, and year.	11685

(B)(1) For purposes of applying section 5733.04, 5745.01, or	11686
5747.01 of the Revised Code to a taxpayer's taxable year ending in	11687
20052006, and also to the subsequent taxable year if it ends	11688
before the effective date of this sectionbefore the effective	11689
date, a taxpayer may irrevocably elect to incorporate the	11690
provisions of the Internal Revenue Code or other laws of the	11691
United States that are in effect for federal income tax purposes	11692
for those taxable yearsthat taxable year if those provisions	11693
differ from the provisions that would otherwise be incorporated	11694
into section 5733.04, 5745.01, or 5747.01 of the Revised Code for	11695
those taxable yearsthat taxable year under division (A) of this	11696
section. The filing of a report or return by the taxpayer for the	11697
taxable year ending in 2005 that incorporatesthat taxable year	11698
incorporating the provisions of the Internal Revenue Code or other	11699
laws of the United States applicable for federal income tax	11700
purposes to that taxable yearthat taxable year, without	11701
adjustments to reverse the effects of any differences between	11702
those provisions and the provisions that would otherwise be	11703
incorporated under division (A) of this section, constitutes the	11704
making of an irrevocable election under this division for that	11705
taxable year and for the subsequent taxable year if it ends before	11706
the effective date of this sectionthat taxable year.	11707

(2) Elections under prior versions of division (B)(1) of this	11708
section remain in effect for the taxable years to which they	11709
apply.	11710

Sec. 5709.083. Real and personal property comprising a	11711
project undertaken, financed, operated, or maintained by an	11712
eligible county under section 307.695 of the Revised Code is	11713
exempt from taxation so long as the project remains owned by the	11714
eligible county.	11715

As used in this section, "eligible county" and "project" have	11716
the same meanings as in section 307.695 of the Revised Code.	11717

Sec. 5709.87.  (A) As used in this section:

11718

(1) "Improvement," "building," "fixture," and "structure"	11719
have the same meanings as in section 5701.02 of the Revised Code.	11720

(2) "Applicable standards," "property," "remedy," and	11721
"remedial activities" have the same meanings as in section 3746.01	11722
of the Revised Code.	11723

(B) The director of environmental protection, after issuing a	11724
covenant not to sue for property under section 3746.12 of the	11725
Revised Code and determining that remedies or remedial activities	11726
have commenced or been completed at that property to the	11727
satisfaction of the director, shall certify to the tax	11728
commissioner and to the director of development that such a	11729
covenant has been issued and such remedies or remedial activities	11730
have occurred at that property. The certification shall be in such	11731
form as is agreed upon by the directors of environmental	11732
protection and development and the tax commissioner and shall	11733
include a description of the property in sufficient detail for the	11734
tax commissioner and director of development to determine the	11735
boundaries of the property entitled to exemption from taxation	11736
under this section.	11737

(C)(1)(a) Upon receipt by the tax commissioner of a	11738
certification for property under division (B) of this section, the	11739
commissioner shall issue an order granting an exemption from real	11740
property taxation of the increase in the assessed value of land	11741
constituting property that is described in the certification, and	11742
of the increase in the assessed value of improvements, buildings,	11743
fixtures, and structures situated on that land at the time the	11744
order is issued as indicated on the current tax lists. The	11745
exemption shall commence on the first day of the tax year	11746
including the day on which the order is issued and shall end on	11747
the last day of the tenth tax year after issuance of the order.	11748
The order shall include a description of the property and the tax	11749
years for which the property is to be exempted from taxation. The	11750
commissioner shall send copies of the exemption order to the owner	11751
of record of the property to which the exemption applies and to	11752
the county auditor of each county in which any portion of that	11753
property is located.	11754

(b) Within sixty days after receiving the commissioner's	11755
order, the owner of record of the property may notify the	11756
commissioner in writing that the owner does not want the exemption	11757
from real property taxation provided under division (C)(1) of this	11758
section to apply. Upon receiving such a notification from the	11759
property owner of record, the commissioner shall issue a	11760
subsequent order rescinding the previously granted exemption.	11761

(2) The director of development shall maintain a record of	11762
certifications received under this section for purposes of section	11763
5709.88 of the Revised Code.	11764

(D) Any sale or other transfer of the property does not	11765
affect an exemption granted under division (C) of this section.	11766
The exemption shall continue in effect thereafter for the full	11767
period stated in the exemption order.	11768

(E) If at any time the director revokes a covenant not to sue	11769
under Chapter 3746. of the Revised Code and rules adopted under it	11770
for property concerning which the commissioner has issued an	11771
exemption order under division (C) of this section, the director	11772
shall so notify the commissioner and the legislative authority of	11773
the municipal corporation and county in which the property is	11774
located. The commissioner immediately shall rescind the exemption	11775
order and shall so notify the owner of record of the property and	11776
the county auditor of each county in which any portion of the	11777
property is located.	11778

Upon revocation of the convenantcovenant not to sue, the	11779
owner of record shall pay the amount of taxes that would have been	11780
charged against the property had the property not been exempted	11781
from taxation for the period beginning with commencement of the	11782
exemption and ending with the date of revocation of the covenant	11783
not to sue. The county auditor shall return the property to the	11784
tax list and enter on the tax list the amount so payable as	11785
current taxes charged against the property. Taxes required to be	11786
paid pursuant to this section are payable in full on the first	11787
succeeding day on which the first one-half of taxes is required to	11788
be paid under section 323.12 of the Revised Code. If such taxes	11789
are not paid in full when due, a penalty shall be charged, and	11790
interest shall accrue on those taxes, as provided in section	11791
323.121 of the Revised Code. In cases of underpayment or	11792
nonpayment, the deficiency shall be collected as otherwise	11793
provided for the collection of delinquent real property taxes.	11794

Sec. 5713.051.  (A) As used in this section:

11795

(1) "Oil" means all grades of crude oil.

11796

(2) "Gas" means all forms of natural gas.

11797

(3) "Well" means an oil or gas well or an oil and gas well.

11798

(4) "M.C.F." means one thousand cubic feet.

11799

(5) "Commonly metered wells" means two or more wells that	11800
share the same meter.	11801

(6) "Total production" means the total amount of oil,	11802
measured in barrels, and the total amount of gas, measured in	11803
M.C.F., of all oil and gas actually produced and sold from a	11804
single well that is developed and producing on the tax lien date.	11805
For commonly metered wells, "total production" means the total	11806
amount of oil, measured in barrels, and the total amount of gas,	11807
measured in M.C.F., of all oil and gas actually produced and sold	11808
from the commonly metered wells divided by the number of the	11809
commonly metered wells.	11810

(7) "Flush production" means total production from a single	11811
well during the first twelve calendar months during not more than	11812
two consecutive calendar years after a well first begins to	11813
produce. For commonly metered wells, "flush production" means	11814
total production during the first twelve calendar months during	11815
not more than two consecutive calendar years after a well first	11816
begins to produce from all wells with flush production divided by	11817
the number of those wells.	11818

(8) "Production through secondary recovery methods" means	11819
total production from a single well where mechanically induced	11820
pressure, such as air, nitrogen, carbon dioxide, or water	11821
pressure, is used to stimulate and maintain production in the oil	11822
and gas reservoir, exclusive of any flush production. For commonly	11823
metered wells, "production through secondary recovery methods"	11824
means total production from all wells with production through	11825
secondary recovery methods divided by the number of the those	11826
wells.	11827

(9) "Stabilized production" means total production reduced,	11828
if applicable, by the greater of forty-two and one-half per cent	11829
of flush production or fifty per cent of production through	11830
secondary recovery methods.	11831

(10) "Average daily production" means stabilized production	11832
divided by three hundred sixty-five, provided the well was in	11833
production at the beginning of the calendar year. If the well was	11834
not in production at the beginning of the calendar year, "average	11835
daily production" means stabilized production divided by the	11836
number of days beginning with the day the well went into	11837
production in the calendar year and ending with the thirty-first	11838
day of December.	11839

(11) "Gross price" means the unweighted average price per	11840
barrel of oil or the average price per M.C.F. of gas produced from	11841
Ohio wells and first sold during the five-year period ending with	11842
the calendar year immediately preceding the tax lien date, as	11843
reported by the department of natural resources.	11844

(12) "Average annual decline rate" means the amount of yearly	11845
decline in oil and gas production of a well after flush production	11846
has ended. For the purposes of this section, the average annual	11847
decline rate is thirteen per cent.	11848

(13) "Gross revenue" means the gross revenue from a well	11849
during a ten-year discount period with production assumed to be	11850
one barrel of oil or one M.C.F. of gas during the first year of	11851
production and declining at the annual average annual decline rate	11852
during the remaining nine years of the ten-year discount period,	11853
as follows:	11854

(a) First year: one barrel or one M.C.F. multiplied by gross	11855
price;	11856

(b) Second year: 0.870 barrel or 0.870 M.C.F. multiplied by	11857
gross price;	11858

(c) Third year: 0.757 barrel or 0.757 M.C.F. multiplied by	11859
gross price;	11860

(d) Fourth year: 0.659 barrel or 0.659 M.C.F. multiplied by	11861
gross price;	11862

(e) Fifth year: 0.573 barrel or 0.573 M.C.F. multiplied by	11863
gross price;	11864

(f) Sixth year: 0.498 barrel or 0.498 M.C.F. multiplied by	11865
gross price;	11866

(g) Seventh year: 0.434 barrel or 0.434 M.C.F. multiplied by	11867
gross price;	11868

(h) Eighth year: 0.377 barrel or 0.377 M.C.F. multiplied by	11869
gross price;	11870

(i) Ninth year: 0.328 barrel or 0.328 M.C.F. multiplied by	11871
gross price;	11872

(j) Tenth year: 0.286 barrel or 0.286 M.C.F. multiplied by	11873
gross price.	11874

(14) "Average royalty expense" means the annual cost of	11875
royalties paid by all working interest owners in a well. For the	11876
purposes of this section, the average royalty expense is fifteen	11877
per cent of annual gross revenue.	11878

(15) "Average operating expense" means the annual cost of	11879
operating and maintaining a producing well after it first begins	11880
production. For the purposes of this section, the average	11881
operating expense is forty per cent of annual gross revenue.	11882

(16) "Average capital recovery expense" means the annual	11883
capitalized investment cost of a developed and producing well. For	11884
the purposes of this section, average capital recovery expense is	11885
thirty per cent of annual gross revenue.	11886

(17) "Discount rate" means the rate used to determine the	11887
present net worth of one dollar during each year of the ten-year	11888
discount period assuming the net income stream projected for each	11889
year of the ten-year discount period is received at the half-year	11890
point. For the purposes of this section, the discount rate equals	11891
thirteen per cent plus the rate per annum prescribed by division	11892
(B) of section 5703.47 of the Revised Code and determined by the	11893
tax commissioner in October of the calendar year immediately	11894
preceding the tax lien date.	11895

(B) The true value in money of oil reserves constituting real	11896
property on tax lien dates January 1, 2007, and thereafter with	11897
respect to a developed and producing well that has not been the	11898
subject of a recent arm's length sale, exclusive of personal	11899
property necessary to recover the oil, shall be determined under	11900
division (B)(1) or (2) of this section.	11901

(1) For wells for which average daily production of oil is	11902
one barrel or more in the calendar year preceding the tax lien	11903
date, the true value in money equals the average daily production	11904
of oil from the well multiplied by the net present value of one	11905
barrel of oil, where:	11906

(a) Net present value of one barrel of oil = 365 x the sum of	11907
[net income for each year of the discount period x discount rate	11908
factor for that year] for all years in the discount period; and	11909

(b) Net income for a year of the discount period = gross	11910
revenue for that year minus the sum of the following for that	11911
year: average royalty expense, average operating expense, and	11912
average capital recovery expense.	11913

(2) For wells for which average daily production of oil is	11914
less than one barrel in the calendar year preceding the tax lien	11915
date, the true value in money equals the average daily production	11916
of the well in the calendar year preceding the tax lien date	11917
multiplied by sixty per cent of the net present value of one	11918
barrel of oil as computed under division (B)(1) of this section.	11919

(C) The true value in money of gas reserves constituting real	11920
property on tax lien dates January 1, 2007, and thereafter with	11921
respect to a developed and producing well that has not been the	11922
subject of a recent arm's length sale, exclusive of personal	11923
property necessary to recover the gas, shall be determined under	11924
division (C)(1) or (2) of this section.	11925

(1) For wells for which average daily production of gas is	11926
eight M.C.F. or more in the calendar year preceding the tax lien	11927
date, the true value in money equals the average daily production	11928
of gas from the well multiplied by the net present value of one	11929
M.C.F. of gas, where:	11930

(a) Net present value of one M.C.F. of gas = 365 x the sum of	11931
[net income for each year of the discount period x discount rate	11932
factor for that year] for all years in the discount period; and	11933

(b) Net income for a year of the discount period = gross	11934
revenue for that year minus the sum of the following for that	11935
year: average royalty expense, average operating expense, and	11936
average capital recovery expense.	11937

(2) For wells for which average daily production of gas is	11938
less than eight M.C.F. in the calendar year preceding the tax lien	11939
date, the true value in money equals the average daily production	11940
of the well in the calendar year preceding the tax lien date	11941
multiplied by fifty per cent of the net present value of one	11942
M.C.F. as computed under division (C)(1) of this section.	11943

Sec. 5725.31.  (A) As used in this section:

11944

(1) "Eligible employee" and "eligible training costs" have	11945
the same meanings as in section 5733.42 of the Revised Code.	11946

(2) "Tax assessed under this chapter" means, in the case of a	11947
dealer in intangibles, the tax assessed under sections 5725.13 to	11948
5725.17 of the Revised Code and, in the case of a domestic	11949
insurance company, the taxes assessed under sections 5725.18 to	11950
5725.26 of the Revised Code.	11951

(3) "Taxpayer" means a dealer in intangibles or a domestic	11952
insurance company subject to a tax assessed under this chapter.	11953

(4) "Credit period" means, in the case of a dealer in	11954
intangibles, the calendar year ending on the thirty-first day of	11955
December next preceding the day the report is required to be	11956
returned under section 5725.14 of the Revised Code and, in the	11957
case of a domestic insurance company, the calendar year ending on	11958
the thirty-first day of December next preceding the day the annual	11959
statement is required to be returned under section 5725.18 or	11960
5725.181 of the Revised Code.	11961

(B) There is hereby allowed a nonrefundable credit against	11962
the tax imposed under this chapter for a taxpayer for which a tax	11963
credit certificate is issued under section 5733.42 of the Revised	11964
Code. The credit may be claimed for credit periods beginning on or	11965
after January 1, 2003, and ending on or before December 31, 2006	11966
2007. The amount of the credit for the credit period beginning on	11967
January 1, 2003, shall equal one-half of the average of the	11968
eligible training costs paid or incurred by the taxpayer during	11969
calendar years 1998, 1999, and 2000, not to exceed one thousand	11970
dollars for each eligible employee on account of whom eligible	11971
training costs were paid or incurred by the taxpayer. The amount	11972
of the credit for the credit period beginning on January 1, 2004,	11973
shall equal one-half of the average of the eligible training costs	11974
paid or incurred by the taxpayer during calendar years 2002, 2003,	11975
and 2004, not to exceed one thousand dollars for each eligible	11976
employee on account of whom eligible training costs were paid or	11977
incurred by the taxpayer. The amount of the credit for the credit	11978
period beginning on January 1, 2005, shall equal one-half of the	11979
average of the eligible training costs paid or incurred by the	11980
taxpayer during calendar years 2003, 2004, and 2005, not to exceed	11981
one thousand dollars for each eligible employee on account of whom	11982
eligible training costs were paid or incurred by the taxpayer. The	11983
amount of the credit for the credit period beginning on January 1,	11984
2006, shall equal one-half of the average of the eligible training	11985
costs paid or incurred by the taxpayer during calendar years 2004,	11986
2005, and 2006, not to exceed one thousand dollars for each	11987
eligible employee on account of whom eligible training costs were	11988
paid or incurred by the taxpayer. The amount of the credit for the	11989
credit period beginning on January 1, 2007, shall equal one-half	11990
of the average of the eligible training costs paid or incurred by	11991
the taxpayer during calendar years 2005, 2006, and 2007, not to	11992
exceed one thousand dollars for each eligible employee on account	11993
of whom eligible training costs were paid or incurred by the	11994
taxpayer.	11995

The credit claimed by a taxpayer each credit period shall not	11996
exceed one hundred thousand dollars.	11997

A taxpayer shall apply to the director of job and family	11998
services for a tax credit certificate in the manner prescribed by	11999
division (C) of section 5733.42 of the Revised Code. Divisions (C)	12000
to (H) of that section govern the tax credit allowed by this	12001
section, except that "credit period" shall be substituted for "tax	12002
year with respect to a calendar year" wherever that phrase appears	12003
in those divisions and that a taxpayer under this section shall be	12004
considered a taxpayer for the purposes of that section.	12005

A taxpayer may carry forward the credit allowed under this	12006
section to the extent that the credit exceeds the taxpayer's tax	12007
due for the credit period. The taxpayer may carry the excess	12008
credit forward for three credit periods following the credit	12009
period for which the credit is first claimed under this section.	12010
The credit allowed by this section is in addition to any credit	12011
allowed under section 5729.031 of the Revised Code.	12012

Sec. 5727.84.  (A) As used in this section and sections	12013
5727.85, 5727.86, and 5727.87 of the Revised Code:	12014

(1) "School district" means a city, local, or exempted	12015
village school district.	12016

(2) "Joint vocational school district" means a joint	12017
vocational school district created under section 3311.16 of the	12018
Revised Code, and includes a cooperative education school district	12019
created under section 3311.52 or 3311.521 of the Revised Code and	12020
a county school financing district created under section 3311.50	12021
of the Revised Code.	12022

(3) "Local taxing unit" means a subdivision or taxing unit,	12023
as defined in section 5705.01 of the Revised Code, a park district	12024
created under Chapter 1545. of the Revised Code, or a township	12025
park district established under section 511.23 of the Revised	12026
Code, but excludes school districts and joint vocational school	12027
districts.	12028

(4) "State education aid," for a school district, means the	12029
sum of state aid amounts computed for a schoolthe district or	12030
joint vocational school district under Chapter 3317.divisions	12031
(A), (C)(1), (C)(4), (D), (E), and (F) of section 3317.022;	12032
divisions (B), (C), and (D) of section 3317.023; divisions (G),	12033
(L), and (N) of section 3317.024; and sections 3317.029,	12034
3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of	12035
the Revised Code; and the adjustments required by: division (C) of	12036
section 3310.08; division (C) of section 3314.08; division (D) of	12037
section 3314.13; divisions (E), (K), (L), (M), (N), and (O) of	12038
section 3317.023; division (C) of section 3317.20; and sections	12039
3313.979 and 3313.981 of the Revised Code. However, when	12040
calculating state education aid for a school district for fiscal	12041
years 2006 and 2007, include the amount computed for the district	12042
under Section 206.09.21 of Am. Sub. H.B. 66 of the 126th general	12043
assembly, as subsequently amended, instead of division (D) of	12044
section 3317.022 of the Revised Code; include amounts calculated	12045
under Section 206.09.39 of that act, as subsequently amended; and	12046
account for adjustments under division (C)(2) of section 3310.41	12047
of the Revised Code.	12048

(5) "State education aid," for a joint vocational school	12049
district, means the sum of the state aid amounts computed for the	12050
district under division (N) of section 3317.024 and section	12051
3317.16 of the Revised Code. However, when calculating state	12052
education aid for a joint vocational school district for fiscal	12053
years 2006 and 2007, include the amount computed for the district	12054
under Section 206.09.42 of Am. Sub. H.B. 66 of the 126th general	12055
assembly, as subsequently amended.	12056

(6) "State education aid offset" means the amount determined	12057
for each school district or joint vocational school district under	12058
division (A)(1) of section 5727.85 of the Revised Code.	12059

(6)(7) "Recognized valuation" has the same meaning as in	12060
section 3317.02 of the Revised Code.	12061

(7)(8) "Electric company tax value loss" means the amount	12062
determined under division (D) of this section.	12063

(8)(9) "Natural gas company tax value loss" means the amount	12064
determined under division (E) of this section.	12065

(9)(10) "Tax value loss" means the sum of the electric	12066
company tax value loss and the natural gas company tax value loss.	12067

(10)(11) "Fixed-rate levy" means any tax levied on property	12068
other than a fixed-sum levy.	12069

(11)(12) "Fixed-rate levy loss" means the amount determined	12070
under division (G) of this section.	12071

(12)(13) "Fixed-sum levy" means a tax levied on property at	12072
whatever rate is required to produce a specified amount of tax	12073
money or levied in excess of the ten-mill limitation to pay debt	12074
charges, and includes school district emergency levies imposed	12075
pursuant to section 5705.194 of the Revised Code.	12076

(13)(14) "Fixed-sum levy loss" means the amount determined	12077
under division (H) of this section.	12078

(14)(15) "Consumer price index" means the consumer price	12079
index (all items, all urban consumers) prepared by the bureau of	12080
labor statistics of the United States department of labor.	12081

(B) The kilowatt-hour tax receipts fund is hereby created in	12082
the state treasury and shall consist of money arising from the tax	12083
imposed by section 5727.81 of the Revised Code. All money in the	12084
kilowatt-hour tax receipts fund shall be credited as follows:	12085

(1) Fifty-nine and nine hundred seventy-six one-thousandths	12086
per cent, shall be credited to the general revenue fund.	12087

(2) Two and six hundred forty-six one-thousandths per cent	12088
shall be credited to the local government fund, for distribution	12089
in accordance with section 5747.50 of the Revised Code.	12090

(3) Three hundred seventy-eight one-thousandths per cent	12091
shall be credited to the local government revenue assistance fund,	12092
for distribution in accordance with section 5747.61 of the Revised	12093
Code.	12094

(4) Twenty-five and four-tenths per cent shall be credited to	12095
the school district property tax replacement fund, which is hereby	12096
created in the state treasury for the purpose of making the	12097
payments described in section 5727.85 of the Revised Code.	12098

(5) Eleven and six-tenths per cent shall be credited to the	12099
local government property tax replacement fund, which is hereby	12100
created in the state treasury for the purpose of making the	12101
payments described in section 5727.86 of the Revised Code.	12102

(C) The natural gas tax receipts fund is hereby created in	12103
the state treasury and shall consist of money arising from the tax	12104
imposed by section 5727.811 of the Revised Code. All money in the	12105
fund shall be credited as follows:	12106

(1) Sixty-eight and seven-tenths per cent shall be credited	12107
to the school district property tax replacement fund for the	12108
purpose of making the payments described in section 5727.85 of the	12109
Revised Code.	12110

(2) Thirty-one and three-tenths per cent shall be credited to	12111
the local government property tax replacement fund for the purpose	12112
of making the payments described in section 5727.86 of the Revised	12113
Code.	12114

(D) Not later than January 1, 2002, the tax commissioner	12115
shall determine for each taxing district its electric company tax	12116
value loss, which is the sum of the applicable amounts described	12117
in divisions (D)(1) to (3) of this section:	12118

(1) The difference obtained by subtracting the amount	12119
described in division (D)(1)(b) from the amount described in	12120
division (D)(1)(a) of this section.	12121

(a) The value of electric company and rural electric company	12122
tangible personal property as assessed by the tax commissioner for	12123
tax year 1998 on a preliminary assessment, or an amended	12124
preliminary assessment if issued prior to March 1, 1999, and as	12125
apportioned to the taxing district for tax year 1998;	12126

(b) The value of electric company and rural electric company	12127
tangible personal property as assessed by the tax commissioner for	12128
tax year 1998 had the property been apportioned to the taxing	12129
district for tax year 2001, and assessed at the rates in effect	12130
for tax year 2001.	12131

(2) The difference obtained by subtracting the amount	12132
described in division (D)(2)(b) from the amount described in	12133
division (D)(2)(a) of this section.	12134

(a) The three-year average for tax years 1996, 1997, and 1998	12135
of the assessed value from nuclear fuel materials and assemblies	12136
assessed against a person under Chapter 5711. of the Revised Code	12137
from the leasing of them to an electric company for those	12138
respective tax years, as reflected in the preliminary assessments;	12139

(b) The three-year average assessed value from nuclear fuel	12140
materials and assemblies assessed under division (D)(2)(a) of this	12141
section for tax years 1996, 1997, and 1998, as reflected in the	12142
preliminary assessments, using an assessment rate of twenty-five	12143
per cent.	12144

(3) In the case of a taxing district having a nuclear power	12145
plant within its territory, any amount, resulting in an electric	12146
company tax value loss, obtained by subtracting the amount	12147
described in division (D)(1) of this section from the difference	12148
obtained by subtracting the amount described in division (D)(3)(b)	12149
of this section from the amount described in division (D)(3)(a) of	12150
this section.	12151

(a) The value of electric company tangible personal property	12152
as assessed by the tax commissioner for tax year 2000 on a	12153
preliminary assessment, or an amended preliminary assessment if	12154
issued prior to March 1, 2001, and as apportioned to the taxing	12155
district for tax year 2000;	12156

(b) The value of electric company tangible personal property	12157
as assessed by the tax commissioner for tax year 2001 on a	12158
preliminary assessment, or an amended preliminary assessment if	12159
issued prior to March 1, 2002, and as apportioned to the taxing	12160
district for tax year 2001.	12161

(E) Not later than January 1, 2002, the tax commissioner	12162
shall determine for each taxing district its natural gas company	12163
tax value loss, which is the sum of the amounts described in	12164
divisions (E)(1) and (2) of this section:	12165

(1) The difference obtained by subtracting the amount	12166
described in division (E)(1)(b) from the amount described in	12167
division (E)(1)(a) of this section.	12168

(a) The value of all natural gas company tangible personal	12169
property, other than property described in division (E)(2) of this	12170
section, as assessed by the tax commissioner for tax year 1999 on	12171
a preliminary assessment, or an amended preliminary assessment if	12172
issued prior to March 1, 2000, and apportioned to the taxing	12173
district for tax year 1999;	12174

(b) The value of all natural gas company tangible personal	12175
property, other than property described in division (E)(2) of this	12176
section, as assessed by the tax commissioner for tax year 1999 had	12177
the property been apportioned to the taxing district for tax year	12178
2001, and assessed at the rates in effect for tax year 2001.	12179

(2) The difference in the value of current gas obtained by	12180
subtracting the amount described in division (E)(2)(b) from the	12181
amount described in division (E)(2)(a) of this section.	12182

(a) The three-year average assessed value of current gas as	12183
assessed by the tax commissioner for tax years 1997, 1998, and	12184
1999 on a preliminary assessment, or an amended preliminary	12185
assessment if issued prior to March 1, 2001, and as apportioned in	12186
the taxing district for those respective years;	12187

(b) The three-year average assessed value from current gas	12188
under division (E)(2)(a) of this section for tax years 1997, 1998,	12189
and 1999, as reflected in the preliminary assessment, using an	12190
assessment rate of twenty-five per cent.	12191

(F) The tax commissioner may request that natural gas	12192
companies, electric companies, and rural electric companies file a	12193
report to help determine the tax value loss under divisions (D)	12194
and (E) of this section. The report shall be filed within thirty	12195
days of the commissioner's request. A company that fails to file	12196
the report or does not timely file the report is subject to the	12197
penalty in section 5727.60 of the Revised Code.	12198

(G) Not later than January 1, 2002, the tax commissioner	12199
shall determine for each school district, joint vocational school	12200
district, and local taxing unit its fixed-rate levy loss, which is	12201
the sum of its electric company tax value loss multiplied by the	12202
tax rate in effect in tax year 1998 for fixed-rate levies and its	12203
natural gas company tax value loss multiplied by the tax rate in	12204
effect in tax year 1999 for fixed-rate levies.	12205

(H) Not later than January 1, 2002, the tax commissioner	12206
shall determine for each school district, joint vocational school	12207
district, and local taxing unit its fixed-sum levy loss, which is	12208
the amount obtained by subtracting the amount described in	12209
division (H)(2) of this section from the amount described in	12210
division (H)(1) of this section:	12211

(1) The sum of the electric company tax value loss multiplied	12212
by the tax rate in effect in tax year 1998, and the natural gas	12213
company tax value loss multiplied by the tax rate in effect in tax	12214
year 1999, for fixed-sum levies for all taxing districts within	12215
each school district, joint vocational school district, and local	12216
taxing unit. For the years 2002 through 2006, this computation	12217
shall include school district emergency levies that existed in	12218
1998 in the case of the electric company tax value loss, and 1999	12219
in the case of the natural gas company tax value loss, and all	12220
other fixed-sum levies that existed in 1998 in the case of the	12221
electric company tax value loss and 1999 in the case of the	12222
natural gas company tax value loss and continue to be charged in	12223
the tax year preceding the distribution year. For the years 2007	12224
through 2016 in the case of school district emergency levies, and	12225
for all years after 2006 in the case of all other fixed-sum	12226
levies, this computation shall exclude all fixed-sum levies that	12227
existed in 1998 in the case of the electric company tax value loss	12228
and 1999 in the case of the natural gas company tax value loss,	12229
but are no longer in effect in the tax year preceding the	12230
distribution year. For the purposes of this section, an emergency	12231
levy that existed in 1998 in the case of the electric company tax	12232
value loss, and 1999 in the case of the natural gas company tax	12233
value loss, continues to exist in a year beginning on or after	12234
January 1, 2007, but before January 1, 2017, if, in that year, the	12235
board of education levies a school district emergency levy for an	12236
annual sum at least equal to the annual sum levied by the board in	12237
tax year 1998 or 1999, respectively, less the amount of the	12238
payment certified under this division for 2002.	12239

(2) The total taxable value in tax year 1999 less the tax	12240
value loss in each school district, joint vocational school	12241
district, and local taxing unit multiplied by one-fourth of one	12242
mill.	12243

If the amount computed under division (H) of this section for	12244
any school district, joint vocational school district, or local	12245
taxing unit is greater than zero, that amount shall equal the	12246
fixed-sum levy loss reimbursed pursuant to division (E) of section	12247
5727.85 of the Revised Code or division (A)(2) of section 5727.86	12248
of the Revised Code, and the one-fourth of one mill that is	12249
subtracted under division (H)(2) of this section shall be	12250
apportioned among all contributing fixed-sum levies in the	12251
proportion of each levy to the sum of all fixed-sum levies within	12252
each school district, joint vocational school district, or local	12253
taxing unit.	12254

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	12255
section, in computing the tax value loss, fixed-rate levy loss,	12256
and fixed-sum levy loss, the tax commissioner shall use the	12257
greater of the 1998 tax rate or the 1999 tax rate in the case of	12258
levy losses associated with the electric company tax value loss,	12259
but the 1999 tax rate shall not include for this purpose any tax	12260
levy approved by the voters after June 30, 1999, and the tax	12261
commissioner shall use the greater of the 1999 or the 2000 tax	12262
rate in the case of levy losses associated with the natural gas	12263
company tax value loss.	12264

(J) Not later than January 1, 2002, the tax commissioner	12265
shall certify to the department of education the tax value loss	12266
determined under divisions (D) and (E) of this section for each	12267
taxing district, the fixed-rate levy loss calculated under	12268
division (G) of this section, and the fixed-sum levy loss	12269
calculated under division (H) of this section. The calculations	12270
under divisions (G) and (H) of this section shall separately	12271
display the levy loss for each levy eligible for reimbursement.	12272

(K) Not later than September 1, 2001, the tax commissioner	12273
shall certify the amount of the fixed-sum levy loss to the county	12274
auditor of each county in which a school district with a fixed-sum	12275
levy loss has territory.	12276

Sec. 5729.07.  As used in this section:

12277

(A) "Eligible employee" and "eligible training costs" have	12278
the same meanings as in section 5733.42 of the Revised Code.	12279

(B) "Credit period" means the calendar year ending on the	12280
thirty-first day of December next preceding the day the annual	12281
statement is required to be returned under section 5729.02 of the	12282
Revised Code.	12283

There is hereby allowed a nonrefundable credit against the	12284
tax imposed under this chapter for a foreign insurance company for	12285
which a tax credit certificate is issued under section 5733.42 of	12286
the Revised Code. The credit may be claimed for credit periods	12287
beginning on or after January 1, 2003, and ending on or before	12288
December 31, 20062007. The amount of the credit for the credit	12289
period beginning on January 1, 2003, shall equal one-half of the	12290
average of the eligible training costs paid or incurred by the	12291
company during calendar years 1998, 1999, and 2000, not to exceed	12292
one thousand dollars for each eligible employee on account of whom	12293
eligible training costs were paid or incurred by the company. The	12294
amount of the credit for the credit period beginning on January 1,	12295
2004, shall equal one-half of the average of the eligible training	12296
costs paid or incurred by the company during calendar years 2002,	12297
2003, and 2004, not to exceed one thousand dollars for each	12298
eligible employee on account of whom eligible training costs were	12299
paid or incurred by the company. The amount of the credit for the	12300
credit period beginning on January 1, 2005, shall equal one-half	12301
of the average of the eligible training costs paid or incurred by	12302
the company during calendar years 2003, 2004, and 2005, not to	12303
exceed one thousand dollars for each eligible employee on account	12304
of whom eligible training costs were paid or incurred by the	12305
company. The amount of the credit for the credit period beginning	12306
on January 1, 2006, shall equal one-half of the average of the	12307
eligible training costs paid or incurred by the company during	12308
calendar years 2004, 2005, and 2006, not to exceed one thousand	12309
dollars for each eligible employee on account of whom eligible	12310
training costs were paid or incurred by the company. The amount of	12311
the credit for the credit period beginning on January 1, 2007,	12312
shall equal one-half of the average of the eligible training costs	12313
paid or incurred by the company during calendar years 2005, 2006,	12314
and 2007, not to exceed one thousand dollars for each eligible	12315
employee on account of whom eligible training costs were paid or	12316
incurred by the company.	12317

The credit claimed by a company for each credit period shall	12318
not exceed one hundred thousand dollars.	12319

A foreign insurance company shall apply to the director of	12320
job and family services for a tax credit certificate in the manner	12321
prescribed by division (C) of section 5733.42 of the Revised Code.	12322
Divisions (C) to (H) of that section govern the tax credit allowed	12323
by this section, except that "credit period" shall be substituted	12324
for "tax year with respect to a calendar year" wherever that	12325
phrase appears in those divisions and that the company shall be	12326
considered a taxpayer for the purposes of those divisions.	12327

A foreign insurance company may carry forward the credit	12328
allowed under this section to the extent that the credit exceeds	12329
the company's tax due for the credit period. The company may carry	12330
the excess credit forward for three credit periods following the	12331
credit period for which the credit is first claimed under this	12332
section. The credit allowed by this section is in addition to any	12333
credit allowed under section 5729.031 of the Revised Code.	12334

The reduction in the tax due under this chapter to the extent	12335
of the credit allowed by this section does not increase the amount	12336
of the tax otherwise due under section 5729.06 of the Revised	12337
Code.	12338

Sec. 5733.42.  (A) As used in this section:

12339

(1) "Eligible training program" means a program to provide	12340
job skills to eligible employees who are unable effectively to	12341
function on the job due to skill deficiencies or who would	12342
otherwise be displaced because of their skill deficiencies or	12343
inability to use new technology, or to provide job skills to	12344
eligible employees that enable them to perform other job duties	12345
for the taxpayer. Eligible training programs do not include	12346
executive, management, or personal enrichment training programs,	12347
or training programs intended exclusively for personal career	12348
development.	12349

(2) "Eligible employee" means an individual who is employed	12350
in this state by a taxpayer and has been so employed by the same	12351
taxpayer for at least one hundred eighty consecutive days before	12352
the day an application for the credit is filed under this section.	12353
"Eligible employee" does not include any employee for which a	12354
credit is claimed pursuant to division (A)(5) of section 5709.65	12355
of the Revised Code for all or any part of the same year, an	12356
employee who is not a full-time employee, or executive or	12357
managerial personnel, except for the immediate supervisors of	12358
nonexecutive, nonmanagerial personnel.	12359

(3) "Eligible training costs" means:

12360

(a) Direct instructional costs, such as instructor salaries,	12361
materials and supplies, textbooks and manuals, videotapes, and	12362
other instructional media and training equipment used exclusively	12363
for the purpose of training eligible employees;	12364

(b) Wages paid to eligible employees for time devoted	12365
exclusively to an eligible training program during normal paid	12366
working hours.	12367

(4) "Full-time employee" means an individual who is employed	12368
for consideration for at least thirty-five hours per week, or who	12369
renders any other standard of service generally accepted by custom	12370
or specified by contract as full-time employment.	12371

(5) "Partnership" includes a limited liability company formed	12372
under Chapter 1705. of the Revised Code or under the laws of	12373
another state, provided that the company is not classified for	12374
federal income tax purposes as an association taxable as a	12375
corporation.	12376

(B) There is hereby allowed a nonrefundable credit against	12377
the tax imposed by section 5733.06 of the Revised Code for	12378
taxpayers for which a tax credit certificate is issued under	12379
division (C) of this section. The credit may be claimed for tax	12380
years 2004, 2005, 2006, and 2007, and 2008. The amount of the	12381
credit for tax year 2004 shall equal one-half of the average of	12382
the eligible training costs paid or incurred by the taxpayer	12383
during calendar years 1999, 2000, and 2001, not to exceed one	12384
thousand dollars for each eligible employee on account of whom	12385
eligible training costs were paid or incurred by the taxpayer	12386
during those calendar years. The amount of the credit for tax year	12387
2005 shall equal one-half of the average of the eligible training	12388
costs paid or incurred by the taxpayer during calendar years 2002,	12389
2003, and 2004, not to exceed one thousand dollars for each	12390
eligible employee on account of whom eligible training costs were	12391
paid or incurred by the taxpayer during those calendar years. The	12392
amount of the credit for tax year 2006 shall equal one-half of the	12393
average of the eligible training costs paid or incurred by the	12394
taxpayer during calendar years 2003, 2004, and 2005, not to exceed	12395
one thousand dollars for each eligible employee on account of whom	12396
eligible training costs were paid or incurred by the taxpayer	12397
during those calendar years. The amount of the credit for tax year	12398
2007 shall equal one-half of the average of the eligible training	12399
costs paid or incurred by the taxpayer during calendar years 2004,	12400
2005, and 2006, not to exceed one thousand dollars for each	12401
eligible employee on account of whom eligible training costs were	12402
paid or incurred by the taxpayer during those calendar years. The	12403
amount of the credit for tax year 2008 shall equal one-half of the	12404
average of the eligible training costs paid or incurred by the	12405
taxpayer during calendar years 2005, 2006, and 2007, not to exceed	12406
one thousand dollars for each eligible employee on account of whom	12407
eligible training costs were paid or incurred by the taxpayer	12408
during those calendar years.	12409

The credit claimed by a taxpayer each tax year shall not	12410
exceed one hundred thousand dollars.	12411

(C) A taxpayer who proposes to conduct an eligible training	12412
program may apply to the director of job and family services for a	12413
tax credit certificate under this section. The taxpayer may apply	12414
for such a certificate for tax years 2004, 2005, 2006, and 2007,	12415
and 2008 subject to division (L) of this section. The director	12416
shall prescribe the form of the application, which shall require a	12417
detailed description of the proposed training program. The	12418
director may require applicants to remit an application fee with	12419
each application filed with the director. The fee shall not exceed	12420
the reasonable and necessary expenses incurred by the director in	12421
receiving, reviewing, and approving such applications and issuing	12422
tax credit certificates. Proceeds from fees shall be used solely	12423
for the purpose of receiving, reviewing, and approving such	12424
applications and issuing such certificates.	12425

After receipt of an application, the director shall authorize	12426
a credit under this section by issuing a tax credit certificate,	12427
in the form prescribed by the director, if the director determines	12428
all of the following:	12429

(1) The proposed training program is an eligible training	12430
program under this section;	12431

(2) The proposed training program is economically sound and	12432
will benefit the people of this state by improving workforce	12433
skills and strengthening the economy of this state;	12434

(3) Receiving the tax credit is a major factor in the	12435
taxpayer's decision to go forward with the training program;	12436

(4) Authorization of the credit is consistent with division	12437
(H) of this section.	12438

The credit also is allowed for a taxpayer that is a partner	12439
in a partnership that pays or incurs eligible training costs. Such	12440
a taxpayer shall determine the taxpayer's credit amount in the	12441
manner prescribed by division (K) of this section.	12442

(D) If the director of job and family services denies an	12443
application for a tax credit certificate, the director shall send	12444
notice of the denial and the reason for denial to the applicant by	12445
certified mail, return receipt requested. If the director	12446
determines that an authorized training program, as actually	12447
conducted, fails to meet the requirements of this section or to	12448
comply with any condition set forth in the authorization, the	12449
director may reduce the amount of the tax credit previously	12450
granted. If the director reduces a tax credit, the director shall	12451
send notice of the reduction and the reason for the reduction to	12452
the taxpayer by certified mail, return receipt requested, and	12453
shall certify the reduction to the tax commissioner or, in the	12454
case of the reduction of a credit claimed by an insurance company,	12455
the superintendent of insurance. The tax commissioner or	12456
superintendent of insurance shall reduce the credit that may be	12457
claimed by the taxpayer accordingly. Within sixty days after	12458
receiving a notice of denial or notice of reduction of the tax	12459
credit, an applicant or taxpayer may request, in writing, a	12460
hearing before the director to review the denial or reduction.	12461
Within sixty days after receiving a request that is filed within	12462
the prescribed time, the director shall hold such a hearing at a	12463
location to be determined by the director. Within thirty days	12464
after the hearing is adjourned, the director shall issue a	12465
redetermination affirming, reversing, or modifying the denial or	12466
reduction of the tax credit and send notice of the redetermination	12467
to the applicant or taxpayer by certified mail, return receipt	12468
requested, and shall issue a notice of the redetermination to the	12469
tax commissioner or superintendent of insurance. If an applicant	12470
or taxpayer is aggrieved by the director's redetermination, the	12471
applicant or taxpayer may appeal the redetermination to the board	12472
of tax appeals in the manner prescribed by section 5717.02 of the	12473
Revised Code.	12474

(E) A taxpayer to which a tax credit certificate is issued	12475
shall retain records indicating the eligible training costs it	12476
pays or incurs for the eligible training program for which the	12477
certificate is issued for four years following the end of the tax	12478
year for which the credit is claimed. Such records shall be open	12479
to inspection by the director of job and family services upon the	12480
director's request during business hours.	12481

Financial statements and other information submitted by an	12482
applicant to the director of job and family services for a tax	12483
credit under this section, and any information taken for any	12484
purpose from such statements or information, are not public	12485
records subject to section 149.43 of the Revised Code. However,	12486
the director of job and family services, the tax commissioner, or	12487
superintendent of insurance may make use of the statements and	12488
other information for purposes of issuing public reports or in	12489
connection with court proceedings concerning tax credits allowed	12490
under this section and sections 5725.31, 5729.07, and 5747.39 of	12491
the Revised Code.	12492

(F) The director of job and family services, in accordance	12493
with Chapter 119. of the Revised Code, shall adopt rules necessary	12494
to implement this section and sections 5725.31, 5729.07, and	12495
5747.39 of the Revised Code. The rules shall be adopted after	12496
consultation with the tax commissioner and the superintendent of	12497
insurance. The rules shall require that if a taxpayer to which a	12498
tax credit certificate is issued under any of those sections	12499
permanently relocates or transfers employees trained under the tax	12500
credit certificate to another state or country within two years of	12501
receiving the certificate, the taxpayer shall repay the total	12502
amount of the tax credit received by the taxpayer for any	12503
employees permanently relocated or transferred. At the time the	12504
director gives public notice under division (A) of section 119.03	12505
of the Revised Code of the adoption of the rules, the director	12506
shall submit copies of the proposed rules to the chairpersons and	12507
ranking minority members of the standing committees in the senate	12508
and the house of representatives to which legislation on economic	12509
development matters are customarily referred.	12510

(G) On or before the thirtieth day of September of 2001,	12511
2003, 2004, 2005, 2006, and 2007, and 2008 the director of job and	12512
family services shall submit a report to the governor, the	12513
president of the senate, and the speaker of the house of	12514
representatives on the tax credit program under this section and	12515
sections 5725.31, 5729.07, and 5747.39 of the Revised Code. The	12516
report shall include information on the number of training	12517
programs that were authorized under those sections during the	12518
preceding calendar year, a description of each authorized training	12519
program, the dollar amounts of the credits granted, and an	12520
estimate of the impact of the credits on the economy of this	12521
state.	12522

(H) The aggregate amount of credits authorized under this	12523
section and sections 5725.31, 5729.07, and 5747.39 of the Revised	12524
Code shall not exceed twenty million dollars per calendar year. No	12525
more than ten million dollars in credits per calendar year shall	12526
be authorized for persons engaged primarily in manufacturing. No	12527
less than five million dollars in credits per calendar year shall	12528
be set aside for persons engaged primarily in activities other	12529
than manufacturing and having fewer than five hundred employees.	12530
Subject to such limits, the director of job and family services	12531
shall adopt a rule under division (F) of this section that	12532
establishes criteria and procedures for distribution of the	12533
credits.	12534

(I) A nonrefundable credit allowed under this section shall	12535
be claimed in the order required under section 5733.98 of the	12536
Revised Code.	12537

(J) The taxpayer may carry forward any credit amount in	12538
excess of its tax due after allowing for any other credits that	12539
precede the credit under this section in the order required under	12540
section 5733.98 of the Revised Code. The excess credit may be	12541
carried forward for three years following the tax year for which	12542
it is first claimed under this section.	12543

(K) A taxpayer that is a partner in a partnership on the last	12544
day of the third calendar year of the three-year period during	12545
which the partnership pays or incurs eligible training costs may	12546
claim a credit under this section for the tax year immediately	12547
following that calendar year. The amount of a partner's credit	12548
equals the partner's interest in the partnership on the last day	12549
of such calendar year multiplied by the credit available to the	12550
partnership as computed by the partnership.	12551

(L) The director of job and family services shall not	12552
authorize any credits under this section and sections 5725.31,	12553
5729.07, and 5747.39 of the Revised Code for eligible training	12554
costs paid or incurred after December 31, 20062007.	12555

Sec. 5739.01.  As used in this chapter:

12556

(A) "Person" includes individuals, receivers, assignees,	12557
trustees in bankruptcy, estates, firms, partnerships,	12558
associations, joint-stock companies, joint ventures, clubs,	12559
societies, corporations, the state and its political subdivisions,	12560
and combinations of individuals of any form.	12561

(B) "Sale" and "selling" include all of the following	12562
transactions for a consideration in any manner, whether absolutely	12563
or conditionally, whether for a price or rental, in money or by	12564
exchange, and by any means whatsoever:	12565

(1) All transactions by which title or possession, or both,	12566
of tangible personal property, is or is to be transferred, or a	12567
license to use or consume tangible personal property is or is to	12568
be granted;	12569

(2) All transactions by which lodging by a hotel is or is to	12570
be furnished to transient guests;	12571

(3) All transactions by which:

12572

(a) An item of tangible personal property is or is to be	12573
repaired, except property, the purchase of which would not be	12574
subject to the tax imposed by section 5739.02 of the Revised Code;	12575

(b) An item of tangible personal property is or is to be	12576
installed, except property, the purchase of which would not be	12577
subject to the tax imposed by section 5739.02 of the Revised Code	12578
or property that is or is to be incorporated into and will become	12579
a part of a production, transmission, transportation, or	12580
distribution system for the delivery of a public utility service;	12581

(c) The service of washing, cleaning, waxing, polishing, or	12582
painting a motor vehicle is or is to be furnished;	12583

(d) Until August 1, 2003, industrial laundry cleaning	12584
services are or are to be provided and, on and after August 1,	12585
2003, laundry and dry cleaning services are or are to be provided;	12586

(e) Automatic data processing, computer services, or	12587
electronic information services are or are to be provided for use	12588
in business when the true object of the transaction is the receipt	12589
by the consumer of automatic data processing, computer services,	12590
or electronic information services rather than the receipt of	12591
personal or professional services to which automatic data	12592
processing, computer services, or electronic information services	12593
are incidental or supplemental. Notwithstanding any other	12594
provision of this chapter, such transactions that occur between	12595
members of an affiliated group are not sales. An affiliated group	12596
means two or more persons related in such a way that one person	12597
owns or controls the business operation of another member of the	12598
group. In the case of corporations with stock, one corporation	12599
owns or controls another if it owns more than fifty per cent of	12600
the other corporation's common stock with voting rights.	12601

(f) Telecommunications service, including prepaid calling	12602
service, prepaid wireless calling service, or ancillary service,	12603
is or is to be provided, but not including coin-operated telephone	12604
service;	12605

(g) Landscaping and lawn care service is or is to be	12606
provided;	12607

(h) Private investigation and security service is or is to be	12608
provided;	12609

(i) Information services or tangible personal property is	12610
provided or ordered by means of a nine hundred telephone call;	12611

(j) Building maintenance and janitorial service is or is to	12612
be provided;	12613

(k) Employment service is or is to be provided;

12614

(l) Employment placement service is or is to be provided;

12615

(m) Exterminating service is or is to be provided;

12616

(n) Physical fitness facility service is or is to be	12617
provided;	12618

(o) Recreation and sports club service is or is to be	12619
provided.;	12620

(p) On and after August 1, 2003, satellite broadcasting	12621
service is or is to be provided;	12622

(q) On and after August 1, 2003, personal care service is or	12623
is to be provided to an individual. As used in this division,	12624
"personal care service" includes skin care, the application of	12625
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	12626
piercing, tanning, massage, and other similar services. "Personal	12627
care service" does not include a service provided by or on the	12628
order of a licensed physician or licensed chiropractor, or the	12629
cutting, coloring, or styling of an individual's hair.	12630

(r) On and after August 1, 2003, the transportation of	12631
persons by motor vehicle or aircraft is or is to be provided, when	12632
the transportation is entirely within this state, except for	12633
transportation provided by an ambulance service, by a transit bus,	12634
as defined in section 5735.01 of the Revised Code, and	12635
transportation provided by a citizen of the United States holding	12636
a certificate of public convenience and necessity issued under 49	12637
U.S.C. 41102;	12638

(s) On and after August 1, 2003, motor vehicle towing service	12639
is or is to be provided. As used in this division, "motor vehicle	12640
towing service" means the towing or conveyance of a wrecked,	12641
disabled, or illegally parked motor vehicle.	12642

(t) On and after August 1, 2003, snow removal service is or	12643
is to be provided. As used in this division, "snow removal	12644
service" means the removal of snow by any mechanized means, but	12645
does not include the providing of such service by a person that	12646
has less than five thousand dollars in sales of such service	12647
during the calendar year.	12648

(4) All transactions by which printed, imprinted,	12649
overprinted, lithographic, multilithic, blueprinted, photostatic,	12650
or other productions or reproductions of written or graphic matter	12651
are or are to be furnished or transferred;	12652

(5) The production or fabrication of tangible personal	12653
property for a consideration for consumers who furnish either	12654
directly or indirectly the materials used in the production of	12655
fabrication work; and include the furnishing, preparing, or	12656
serving for a consideration of any tangible personal property	12657
consumed on the premises of the person furnishing, preparing, or	12658
serving such tangible personal property. Except as provided in	12659
section 5739.03 of the Revised Code, a construction contract	12660
pursuant to which tangible personal property is or is to be	12661
incorporated into a structure or improvement on and becoming a	12662
part of real property is not a sale of such tangible personal	12663
property. The construction contractor is the consumer of such	12664
tangible personal property, provided that the sale and	12665
installation of carpeting, the sale and installation of	12666
agricultural land tile, the sale and erection or installation of	12667
portable grain bins, or the provision of landscaping and lawn care	12668
service and the transfer of property as part of such service is	12669
never a construction contract.	12670

As used in division (B)(5) of this section:

12671

(a) "Agricultural land tile" means fired clay or concrete	12672
tile, or flexible or rigid perforated plastic pipe or tubing,	12673
incorporated or to be incorporated into a subsurface drainage	12674
system appurtenant to land used or to be used directly in	12675
production by farming, agriculture, horticulture, or floriculture.	12676
The term does not include such materials when they are or are to	12677
be incorporated into a drainage system appurtenant to a building	12678
or structure even if the building or structure is used or to be	12679
used in such production.	12680

(b) "Portable grain bin" means a structure that is used or to	12681
be used by a person engaged in farming or agriculture to shelter	12682
the person's grain and that is designed to be disassembled without	12683
significant damage to its component parts.	12684

(6) All transactions in which all of the shares of stock of a	12685
closely held corporation are transferred, if the corporation is	12686
not engaging in business and its entire assets consist of boats,	12687
planes, motor vehicles, or other tangible personal property	12688
operated primarily for the use and enjoyment of the shareholders;	12689

(7) All transactions in which a warranty, maintenance or	12690
service contract, or similar agreement by which the vendor of the	12691
warranty, contract, or agreement agrees to repair or maintain the	12692
tangible personal property of the consumer is or is to be	12693
provided;	12694

(8) The transfer of copyrighted motion picture films used	12695
solely for advertising purposes, except that the transfer of such	12696
films for exhibition purposes is not a sale.	12697

(9) On and after August 1, 2003, all transactions by which	12698
tangible personal property is or is to be stored, except such	12699
property that the consumer of the storage holds for sale in the	12700
regular course of business.	12701

Except as provided in this section, "sale" and "selling" do	12702
not include transfers of interest in leased property where the	12703
original lessee and the terms of the original lease agreement	12704
remain unchanged, or professional, insurance, or personal service	12705
transactions that involve the transfer of tangible personal	12706
property as an inconsequential element, for which no separate	12707
charges are made.	12708

(C) "Vendor" means the person providing the service or by	12709
whom the transfer effected or license given by a sale is or is to	12710
be made or given and, for sales described in division (B)(3)(i) of	12711
this section, the telecommunications service vendor that provides	12712
the nine hundred telephone service; if two or more persons are	12713
engaged in business at the same place of business under a single	12714
trade name in which all collections on account of sales by each	12715
are made, such persons shall constitute a single vendor.	12716

Physicians, dentists, hospitals, and veterinarians who are	12717
engaged in selling tangible personal property as received from	12718
others, such as eyeglasses, mouthwashes, dentifrices, or similar	12719
articles, are vendors. Veterinarians who are engaged in	12720
transferring to others for a consideration drugs, the dispensing	12721
of which does not require an order of a licensed veterinarian or	12722
physician under federal law, are vendors.	12723

(D)(1) "Consumer" means the person for whom the service is	12724
provided, to whom the transfer effected or license given by a sale	12725
is or is to be made or given, to whom the service described in	12726
division (B)(3)(f) or (i) of this section is charged, or to whom	12727
the admission is granted.	12728

(2) Physicians, dentists, hospitals, and blood banks operated	12729
by nonprofit institutions and persons licensed to practice	12730
veterinary medicine, surgery, and dentistry are consumers of all	12731
tangible personal property and services purchased by them in	12732
connection with the practice of medicine, dentistry, the rendition	12733
of hospital or blood bank service, or the practice of veterinary	12734
medicine, surgery, and dentistry. In addition to being consumers	12735
of drugs administered by them or by their assistants according to	12736
their direction, veterinarians also are consumers of drugs that	12737
under federal law may be dispensed only by or upon the order of a	12738
licensed veterinarian or physician, when transferred by them to	12739
others for a consideration to provide treatment to animals as	12740
directed by the veterinarian.	12741

(3) A person who performs a facility management, or similar	12742
service contract for a contractee is a consumer of all tangible	12743
personal property and services purchased for use in connection	12744
with the performance of such contract, regardless of whether title	12745
to any such property vests in the contractee. The purchase of such	12746
property and services is not subject to the exception for resale	12747
under division (E)(1) of this section.	12748

(4)(a) In the case of a person who purchases printed matter	12749
for the purpose of distributing it or having it distributed to the	12750
public or to a designated segment of the public, free of charge,	12751
that person is the consumer of that printed matter, and the	12752
purchase of that printed matter for that purpose is a sale.	12753

(b) In the case of a person who produces, rather than	12754
purchases, printed matter for the purpose of distributing it or	12755
having it distributed to the public or to a designated segment of	12756
the public, free of charge, that person is the consumer of all	12757
tangible personal property and services purchased for use or	12758
consumption in the production of that printed matter. That person	12759
is not entitled to claim exemption under division (B)(42)(f) of	12760
section 5739.02 of the Revised Code for any material incorporated	12761
into the printed matter or any equipment, supplies, or services	12762
primarily used to produce the printed matter.	12763

(c) The distribution of printed matter to the public or to a	12764
designated segment of the public, free of charge, is not a sale to	12765
the members of the public to whom the printed matter is	12766
distributed or to any persons who purchase space in the printed	12767
matter for advertising or other purposes.	12768

(5) A person who makes sales of any of the services listed in	12769
division (B)(3) of this section is the consumer of any tangible	12770
personal property used in performing the service. The purchase of	12771
that property is not subject to the resale exception under	12772
division (E)(1) of this section.	12773

(6) A person who engages in highway transportation for hire	12774
is the consumer of all packaging materials purchased by that	12775
person and used in performing the service, except for packaging	12776
materials sold by such person in a transaction separate from the	12777
service.	12778

(E) "Retail sale" and "sales at retail" include all sales,	12779
except those in which the purpose of the consumer is to resell the	12780
thing transferred or benefit of the service provided, by a person	12781
engaging in business, in the form in which the same is, or is to	12782
be, received by the person.	12783

(F) "Business" includes any activity engaged in by any person	12784
with the object of gain, benefit, or advantage, either direct or	12785
indirect. "Business" does not include the activity of a person in	12786
managing and investing the person's own funds.	12787

(G) "Engaging in business" means commencing, conducting, or	12788
continuing in business, and liquidating a business when the	12789
liquidator thereof holds itself out to the public as conducting	12790
such business. Making a casual sale is not engaging in business.	12791

(H)(1)(a) "Price," except as provided in divisions (H)(2) and	12792
(3) of this section, means the total amount of consideration,	12793
including cash, credit, property, and services, for which tangible	12794
personal property or services are sold, leased, or rented, valued	12795
in money, whether received in money or otherwise, without any	12796
deduction for any of the following:	12797

(i) The vendor's cost of the property sold;

12798

(ii) The cost of materials used, labor or service costs,	12799
interest, losses, all costs of transportation to the vendor, all	12800
taxes imposed on the vendor, including the tax imposed under	12801
Chapter 5751. of the Revised Code, and any other expense of the	12802
vendor;	12803

(iii) Charges by the vendor for any services necessary to	12804
complete the sale;	12805

(iv) On and after August 1, 2003, delivery charges. As used	12806
in this division, "delivery charges" means charges by the vendor	12807
for preparation and delivery to a location designated by the	12808
consumer of tangible personal property or a service, including	12809
transportation, shipping, postage, handling, crating, and packing.	12810

(v) Installation charges;

12811

(vi) Credit for any trade-in.

12812

(b) "Price" includes consideration received by the vendor	12813
from a third party, if the vendor actually receives the	12814
consideration from a party other than the consumer, and the	12815
consideration is directly related to a price reduction or discount	12816
on the sale; the vendor has an obligation to pass the price	12817
reduction or discount through to the consumer; the amount of the	12818
consideration attributable to the sale is fixed and determinable	12819
by the vendor at the time of the sale of the item to the consumer;	12820
and one of the following criteria is met:	12821

(i) The consumer presents a coupon, certificate, or other	12822
document to the vendor to claim a price reduction or discount	12823
where the coupon, certificate, or document is authorized,	12824
distributed, or granted by a third party with the understanding	12825
that the third party will reimburse any vendor to whom the coupon,	12826
certificate, or document is presented;	12827

(ii) The consumer identifies the consumer's self to the	12828
seller as a member of a group or organization entitled to a price	12829
reduction or discount. A preferred customer card that is available	12830
to any patron does not constitute membership in such a group or	12831
organization.	12832

(iii) The price reduction or discount is identified as a	12833
third party price reduction or discount on the invoice received by	12834
the consumer, or on a coupon, certificate, or other document	12835
presented by the consumer.	12836

(c) "Price" does not include any of the following:

12837

(i) Discounts, including cash, term, or coupons that are not	12838
reimbursed by a third party that are allowed by a vendor and taken	12839
by a consumer on a sale;	12840

(ii) Interest, financing, and carrying charges from credit	12841
extended on the sale of tangible personal property or services, if	12842
the amount is separately stated on the invoice, bill of sale, or	12843
similar document given to the purchaser;	12844

(iii) Any taxes legally imposed directly on the consumer that	12845
are separately stated on the invoice, bill of sale, or similar	12846
document given to the consumer. For the purpose of this division,	12847
the tax imposed under Chapter 5751. of the Revised Code is not a	12848
tax directly on the consumer, even if the tax or a portion thereof	12849
is separately stated.	12850

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	12851
section, any discount allowed by an automobile manufacturer to its	12852
employee, or to the employee of a supplier, on the purchase of a	12853
new motor vehicle from a new motor vehicle dealer in this state.	12854

(2) In the case of a sale of any new motor vehicle by a new	12855
motor vehicle dealer, as defined in section 4517.01 of the Revised	12856
Code, in which another motor vehicle is accepted by the dealer as	12857
part of the consideration received, "price" has the same meaning	12858
as in division (H)(1) of this section, reduced by the credit	12859
afforded the consumer by the dealer for the motor vehicle received	12860
in trade.	12861

(3) In the case of a sale of any watercraft or outboard motor	12862
by a watercraft dealer licensed in accordance with section	12863
1547.543 of the Revised Code, in which another watercraft,	12864
watercraft and trailer, or outboard motor is accepted by the	12865
dealer as part of the consideration received, "price" has the same	12866
meaning as in division (H)(1) of this section, reduced by the	12867
credit afforded the consumer by the dealer for the watercraft,	12868
watercraft and trailer, or outboard motor received in trade. As	12869
used in this division, "watercraft" includes an outdrive unit	12870
attached to the watercraft.	12871

(I) "Receipts" means the total amount of the prices of the	12872
sales of vendors, provided that cash discounts allowed and taken	12873
on sales at the time they are consummated are not included, minus	12874
any amount deducted as a bad debt pursuant to section 5739.121 of	12875
the Revised Code. "Receipts" does not include the sale price of	12876
property returned or services rejected by consumers when the full	12877
sale price and tax are refunded either in cash or by credit.	12878

(J) "Place of business" means any location at which a person	12879
engages in business.	12880

(K) "Premises" includes any real property or portion thereof	12881
upon which any person engages in selling tangible personal	12882
property at retail or making retail sales and also includes any	12883
real property or portion thereof designated for, or devoted to,	12884
use in conjunction with the business engaged in by such person.	12885

(L) "Casual sale" means a sale of an item of tangible	12886
personal property that was obtained by the person making the sale,	12887
through purchase or otherwise, for the person's own use and was	12888
previously subject to any state's taxing jurisdiction on its sale	12889
or use, and includes such items acquired for the seller's use that	12890
are sold by an auctioneer employed directly by the person for such	12891
purpose, provided the location of such sales is not the	12892
auctioneer's permanent place of business. As used in this	12893
division, "permanent place of business" includes any location	12894
where such auctioneer has conducted more than two auctions during	12895
the year.	12896

(M) "Hotel" means every establishment kept, used, maintained,	12897
advertised, or held out to the public to be a place where sleeping	12898
accommodations are offered to guests, in which five or more rooms	12899
are used for the accommodation of such guests, whether the rooms	12900
are in one or several structures.	12901

(N) "Transient guests" means persons occupying a room or	12902
rooms for sleeping accommodations for less than thirty consecutive	12903
days.	12904

(O) "Making retail sales" means the effecting of transactions	12905
wherein one party is obligated to pay the price and the other	12906
party is obligated to provide a service or to transfer title to or	12907
possession of the item sold. "Making retail sales" does not	12908
include the preliminary acts of promoting or soliciting the retail	12909
sales, other than the distribution of printed matter which	12910
displays or describes and prices the item offered for sale, nor	12911
does it include delivery of a predetermined quantity of tangible	12912
personal property or transportation of property or personnel to or	12913
from a place where a service is performed, regardless of whether	12914
the vendor is a delivery vendor.	12915

(P) "Used directly in the rendition of a public utility	12916
service" means that property that is to be incorporated into and	12917
will become a part of the consumer's production, transmission,	12918
transportation, or distribution system and that retains its	12919
classification as tangible personal property after such	12920
incorporation; fuel or power used in the production, transmission,	12921
transportation, or distribution system; and tangible personal	12922
property used in the repair and maintenance of the production,	12923
transmission, transportation, or distribution system, including	12924
only such motor vehicles as are specially designed and equipped	12925
for such use. Tangible personal property and services used	12926
primarily in providing highway transportation for hire are not	12927
used directly in the rendition of a public utility service. In	12928
this definition, "public utility" includes a citizen of the United	12929
States holding, and required to hold, a certificate of public	12930
convenience and necessity issued under 49 U.S.C. 41102.	12931

(Q) "Refining" means removing or separating a desirable	12932
product from raw or contaminated materials by distillation or	12933
physical, mechanical, or chemical processes.	12934

(R) "Assembly" and "assembling" mean attaching or fitting	12935
together parts to form a product, but do not include packaging a	12936
product.	12937

(S) "Manufacturing operation" means a process in which	12938
materials are changed, converted, or transformed into a different	12939
state or form from which they previously existed and includes	12940
refining materials, assembling parts, and preparing raw materials	12941
and parts by mixing, measuring, blending, or otherwise committing	12942
such materials or parts to the manufacturing process.	12943
"Manufacturing operation" does not include packaging.	12944

(T) "Fiscal officer" means, with respect to a regional	12945
transit authority, the secretary-treasurer thereof, and with	12946
respect to a county that is a transit authority, the fiscal	12947
officer of the county transit board if one is appointed pursuant	12948
to section 306.03 of the Revised Code or the county auditor if the	12949
board of county commissioners operates the county transit system.	12950

(U) "Transit authority" means a regional transit authority	12951
created pursuant to section 306.31 of the Revised Code or a county	12952
in which a county transit system is created pursuant to section	12953
306.01 of the Revised Code. For the purposes of this chapter, a	12954
transit authority must extend to at least the entire area of a	12955
single county. A transit authority that includes territory in more	12956
than one county must include all the area of the most populous	12957
county that is a part of such transit authority. County population	12958
shall be measured by the most recent census taken by the United	12959
States census bureau.	12960

(V) "Legislative authority" means, with respect to a regional	12961
transit authority, the board of trustees thereof, and with respect	12962
to a county that is a transit authority, the board of county	12963
commissioners.	12964

(W) "Territory of the transit authority" means all of the	12965
area included within the territorial boundaries of a transit	12966
authority as they from time to time exist. Such territorial	12967
boundaries must at all times include all the area of a single	12968
county or all the area of the most populous county that is a part	12969
of such transit authority. County population shall be measured by	12970
the most recent census taken by the United States census bureau.	12971

(X) "Providing a service" means providing or furnishing	12972
anything described in division (B)(3) of this section for	12973
consideration.	12974

(Y)(1)(a) "Automatic data processing" means processing of	12975
others' data, including keypunching or similar data entry services	12976
together with verification thereof, or providing access to	12977
computer equipment for the purpose of processing data.	12978

(b) "Computer services" means providing services consisting	12979
of specifying computer hardware configurations and evaluating	12980
technical processing characteristics, computer programming, and	12981
training of computer programmers and operators, provided in	12982
conjunction with and to support the sale, lease, or operation of	12983
taxable computer equipment or systems.	12984

(c) "Electronic information services" means providing access	12985
to computer equipment by means of telecommunications equipment for	12986
the purpose of either of the following:	12987

(i) Examining or acquiring data stored in or accessible to	12988
the computer equipment;	12989

(ii) Placing data into the computer equipment to be retrieved	12990
by designated recipients with access to the computer equipment.	12991

(d) "Automatic data processing, computer services, or	12992
electronic information services" shall not include personal or	12993
professional services.	12994

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	12995
section, "personal and professional services" means all services	12996
other than automatic data processing, computer services, or	12997
electronic information services, including but not limited to:	12998

(a) Accounting and legal services such as advice on tax	12999
matters, asset management, budgetary matters, quality control,	13000
information security, and auditing and any other situation where	13001
the service provider receives data or information and studies,	13002
alters, analyzes, interprets, or adjusts such material;	13003

(b) Analyzing business policies and procedures;

13004

(c) Identifying management information needs;

13005

(d) Feasibility studies, including economic and technical	13006
analysis of existing or potential computer hardware or software	13007
needs and alternatives;	13008

(e) Designing policies, procedures, and custom software for	13009
collecting business information, and determining how data should	13010
be summarized, sequenced, formatted, processed, controlled, and	13011
reported so that it will be meaningful to management;	13012

(f) Developing policies and procedures that document how	13013
business events and transactions are to be authorized, executed,	13014
and controlled;	13015

(g) Testing of business procedures;

13016

(h) Training personnel in business procedure applications;

13017

(i) Providing credit information to users of such information	13018
by a consumer reporting agency, as defined in the "Fair Credit	13019
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	13020
as hereafter amended, including but not limited to gathering,	13021
organizing, analyzing, recording, and furnishing such information	13022
by any oral, written, graphic, or electronic medium;	13023

(j) Providing debt collection services by any oral, written,	13024
graphic, or electronic means.	13025

The services listed in divisions (Y)(2)(a) to (j) of this	13026
section are not automatic data processing or computer services.	13027

(Z) "Highway transportation for hire" means the	13028
transportation of personal property belonging to others for	13029
consideration by any of the following:	13030

(1) The holder of a permit or certificate issued by this	13031
state or the United States authorizing the holder to engage in	13032
transportation of personal property belonging to others for	13033
consideration over or on highways, roadways, streets, or any	13034
similar public thoroughfare;	13035

(2) A person who engages in the transportation of personal	13036
property belonging to others for consideration over or on	13037
highways, roadways, streets, or any similar public thoroughfare	13038
but who could not have engaged in such transportation on December	13039
11, 1985, unless the person was the holder of a permit or	13040
certificate of the types described in division (Z)(1) of this	13041
section;	13042

(3) A person who leases a motor vehicle to and operates it	13043
for a person described by division (Z)(1) or (2) of this section.	13044

(AA)(1) "Telecommunications service" means the electronic	13045
transmission, conveyance, or routing of voice, data, audio, video,	13046
or any other information or signals to a point, or between or	13047
among points. "Telecommunications service" includes such	13048
transmission, conveyance, or routing in which computer processing	13049
applications are used to act on the form, code, or protocol of the	13050
content for purposes of transmission, conveyance, or routing	13051
without regard to whether the service is referred to as voice-over	13052
internet protocol service or is classified by the federal	13053
communications commission as enhanced or value-added.	13054
"Telecommunications service" does not include any of the	13055
following:	13056

(a) Data processing and information services that allow data	13057
to be generated, acquired, stored, processed, or retrieved and	13058
delivered by an electronic transmission to a consumer where the	13059
consumer's primary purpose for the underlying transaction is the	13060
processed data or information;	13061

(b) Installation or maintenance of wiring or equipment on a	13062
customer's premises;	13063

(c) Tangible personal property;

13064

(d) Advertising, including directory advertising;

13065

(e) Billing and collection services provided to third	13066
parties;	13067

(f) Internet access service;

13068

(g) Radio and television audio and video programming	13069
services, regardless of the medium, including the furnishing of	13070
transmission, conveyance, and routing of such services by the	13071
programming service provider. Radio and television audio and video	13072
programming services include, but are not limited to, cable	13073
service, as defined in 47 U.S.C. 522(6), and audio and video	13074
programming services delivered by commercial mobile radio service	13075
providers, as defined in 47 C.F.R. 20.3;	13076

(h) Ancillary service;

13077

(i) Digital products delivered electronically, including	13078
software, music, video, reading materials, or ring tones.	13079

(2) "Ancillary service" means a service that is associated	13080
with or incidental to the provision of telecommunications service,	13081
including conference bridging service, detailed telecommunications	13082
billing service, directory assistance, vertical service, and voice	13083
mail service. As used in this division:	13084

(a) "Conference bridging service" means an ancillary service	13085
that links two or more participants of an audio or video	13086
conference call, including providing a telephone number.	13087
"Conference bridging service" does not include telecommunications	13088
services used to reach the conference bridge.	13089

(b) "Detailed telecommunications billing service" means an	13090
ancillary service of separately stating information pertaining to	13091
individual calls on a customer's billing statement.	13092

(c) "Directory assistance" means an ancillary service of	13093
providing telephone number or address information.	13094

(d) "Vertical service" means an ancillary service that is	13095
offered in connection with one or more telecommunications	13096
services, which offers advanced calling features that allow	13097
customers to identify callers and manage multiple calls and call	13098
connections, including conference bridging service.	13099

(e) "Voice mail service" means an ancillary service that	13100
enables the customer to store, send, or receive recorded messages.	13101
"Voice mail service" does not include any vertical services that	13102
the customer may be required to have in order to utilize the voice	13103
mail service.	13104

(3) "900 service" means an inbound toll telecommunications	13105
service purchased by a subscriber that allows the subscriber's	13106
customers to call in to the subscriber's prerecorded announcement	13107
or live service, and which is typically marketed under the name	13108
"900" service and any subsequent numbers designated by the federal	13109
communications commission. "900 service" does not include the	13110
charge for collection services provided by the seller of the	13111
telecommunications service to the subscriber, or services or	13112
products sold by the subscriber to the subscriber's customer.	13113

(4) "Prepaid calling service" means the right to access	13114
exclusively telecommunications services, which must be paid for in	13115
advance and which enables the origination of calls using an access	13116
number or authorization code, whether manually or electronically	13117
dialed, and that is sold in predetermined units of dollars of	13118
which the number declines with use in a known amount.	13119

(5) "Prepaid wireless calling service" means a	13120
telecommunications service that provides the right to utilize	13121
mobile telecommunications service as well as other	13122
non-telecommunications services, including the download of digital	13123
products delivered electronically, and content and ancillary	13124
services, that must be paid for in advance and that is sold in	13125
predetermined units of dollars of which the number declines with	13126
use in a known amount.	13127

(6) "Value-added non-voice data service" means a	13128
telecommunications service in which computer processing	13129
applications are used to act on the form, content, code, or	13130
protocol of the information or data primarily for a purpose other	13131
than transmission, conveyance, or routing.	13132

(7) "Coin-operated telephone service" means a	13133
telecommunications service paid for by inserting money into a	13134
telephone accepting direct deposits of money to operate.	13135

(8) "Customer" has the same meaning as in section 5739.034 of	13136
the Revised Code.	13137

(BB) "Laundry and dry cleaning services" means removing soil	13138
or dirt from towels, linens, articles of clothing, or other fabric	13139
items that belong to others and supplying towels, linens, articles	13140
of clothing, or other fabric items. "Laundry and dry cleaning	13141
services" does not include the provision of self-service	13142
facilities for use by consumers to remove soil or dirt from	13143
towels, linens, articles of clothing, or other fabric items.	13144

(CC) "Magazines distributed as controlled circulation	13145
publications" means magazines containing at least twenty-four	13146
pages, at least twenty-five per cent editorial content, issued at	13147
regular intervals four or more times a year, and circulated	13148
without charge to the recipient, provided that such magazines are	13149
not owned or controlled by individuals or business concerns which	13150
conduct such publications as an auxiliary to, and essentially for	13151
the advancement of the main business or calling of, those who own	13152
or control them.	13153

(DD) "Landscaping and lawn care service" means the services	13154
of planting, seeding, sodding, removing, cutting, trimming,	13155
pruning, mulching, aerating, applying chemicals, watering,	13156
fertilizing, and providing similar services to establish, promote,	13157
or control the growth of trees, shrubs, flowers, grass, ground	13158
cover, and other flora, or otherwise maintaining a lawn or	13159
landscape grown or maintained by the owner for ornamentation or	13160
other nonagricultural purpose. However, "landscaping and lawn care	13161
service" does not include the providing of such services by a	13162
person who has less than five thousand dollars in sales of such	13163
services during the calendar year.	13164

(EE) "Private investigation and security service" means the	13165
performance of any activity for which the provider of such service	13166
is required to be licensed pursuant to Chapter 4749. of the	13167
Revised Code, or would be required to be so licensed in performing	13168
such services in this state, and also includes the services of	13169
conducting polygraph examinations and of monitoring or overseeing	13170
the activities on or in, or the condition of, the consumer's home,	13171
business, or other facility by means of electronic or similar	13172
monitoring devices. "Private investigation and security service"	13173
does not include special duty services provided by off-duty police	13174
officers, deputy sheriffs, and other peace officers regularly	13175
employed by the state or a political subdivision.	13176

(FF) "Information services" means providing conversation,	13177
giving consultation or advice, playing or making a voice or other	13178
recording, making or keeping a record of the number of callers,	13179
and any other service provided to a consumer by means of a nine	13180
hundred telephone call, except when the nine hundred telephone	13181
call is the means by which the consumer makes a contribution to a	13182
recognized charity.	13183

(GG) "Research and development" means designing, creating, or	13184
formulating new or enhanced products, equipment, or manufacturing	13185
processes, and also means conducting scientific or technological	13186
inquiry and experimentation in the physical sciences with the goal	13187
of increasing scientific knowledge which may reveal the bases for	13188
new or enhanced products, equipment, or manufacturing processes.	13189

(HH) "Qualified research and development equipment" means	13190
capitalized tangible personal property, and leased personal	13191
property that would be capitalized if purchased, used by a person	13192
primarily to perform research and development. Tangible personal	13193
property primarily used in testing, as defined in division (A)(4)	13194
of section 5739.011 of the Revised Code, or used for recording or	13195
storing test results, is not qualified research and development	13196
equipment unless such property is primarily used by the consumer	13197
in testing the product, equipment, or manufacturing process being	13198
created, designed, or formulated by the consumer in the research	13199
and development activity or in recording or storing such test	13200
results.	13201

(II) "Building maintenance and janitorial service" means	13202
cleaning the interior or exterior of a building and any tangible	13203
personal property located therein or thereon, including any	13204
services incidental to such cleaning for which no separate charge	13205
is made. However, "building maintenance and janitorial service"	13206
does not include the providing of such service by a person who has	13207
less than five thousand dollars in sales of such service during	13208
the calendar year.	13209

(JJ) "Employment service" means providing or supplying	13210
personnel, on a temporary or long-term basis, to perform work or	13211
labor under the supervision or control of another, when the	13212
personnel so supplied receive their wages, salary, or other	13213
compensation from the provider of the service. "Employment	13214
service" does not include:	13215

(1) Acting as a contractor or subcontractor, where the	13216
personnel performing the work are not under the direct control of	13217
the purchaser.	13218

(2) Medical and health care services.

13219

(3) Supplying personnel to a purchaser pursuant to a contract	13220
of at least one year between the service provider and the	13221
purchaser that specifies that each employee covered under the	13222
contract is assigned to the purchaser on a permanent basis.	13223

(4) Transactions between members of an affiliated group, as	13224
defined in division (B)(3)(e) of this section.	13225

(KK) "Employment placement service" means locating or finding	13226
employment for a person or finding or locating an employee to fill	13227
an available position.	13228

(LL) "Exterminating service" means eradicating or attempting	13229
to eradicate vermin infestations from a building or structure, or	13230
the area surrounding a building or structure, and includes	13231
activities to inspect, detect, or prevent vermin infestation of a	13232
building or structure.	13233

(MM) "Physical fitness facility service" means all	13234
transactions by which a membership is granted, maintained, or	13235
renewed, including initiation fees, membership dues, renewal fees,	13236
monthly minimum fees, and other similar fees and dues, by a	13237
physical fitness facility such as an athletic club, health spa, or	13238
gymnasium, which entitles the member to use the facility for	13239
physical exercise.	13240

(NN) "Recreation and sports club service" means all	13241
transactions by which a membership is granted, maintained, or	13242
renewed, including initiation fees, membership dues, renewal fees,	13243
monthly minimum fees, and other similar fees and dues, by a	13244
recreation and sports club, which entitles the member to use the	13245
facilities of the organization. "Recreation and sports club" means	13246
an organization that has ownership of, or controls or leases on a	13247
continuing, long-term basis, the facilities used by its members	13248
and includes an aviation club, gun or shooting club, yacht club,	13249
card club, swimming club, tennis club, golf club, country club,	13250
riding club, amateur sports club, or similar organization.	13251

(OO) "Livestock" means farm animals commonly raised for food	13252
or food production, and includes but is not limited to cattle,	13253
sheep, goats, swine, and poultry. "Livestock" does not include	13254
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	13255
animals for use in laboratories or for exhibition, or other	13256
animals not commonly raised for food or food production.	13257

(PP) "Livestock structure" means a building or structure used	13258
exclusively for the housing, raising, feeding, or sheltering of	13259
livestock, and includes feed storage or handling structures and	13260
structures for livestock waste handling.	13261

(QQ) "Horticulture" means the growing, cultivation, and	13262
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	13263
and nursery stock. As used in this division, "nursery stock" has	13264
the same meaning as in section 927.51 of the Revised Code.	13265

(RR) "Horticulture structure" means a building or structure	13266
used exclusively for the commercial growing, raising, or	13267
overwintering of horticultural products, and includes the area	13268
used for stocking, storing, and packing horticultural products	13269
when done in conjunction with the production of those products.	13270

(SS) "Newspaper" means an unbound publication bearing a title	13271
or name that is regularly published, at least as frequently as	13272
biweekly, and distributed from a fixed place of business to the	13273
public in a specific geographic area, and that contains a	13274
substantial amount of news matter of international, national, or	13275
local events of interest to the general public.	13276

(TT) "Professional racing team" means a person that employs	13277
at least twenty full-time employees for the purpose of conducting	13278
a motor vehicle racing business for profit. The person must	13279
conduct the business with the purpose of racing one or more motor	13280
racing vehicles in at least ten competitive professional racing	13281
events each year that comprise all or part of a motor racing	13282
series sanctioned by one or more motor racing sanctioning	13283
organizations. A "motor racing vehicle" means a vehicle for which	13284
the chassis, engine, and parts are designed exclusively for motor	13285
racing, and does not include a stock or production model vehicle	13286
that may be modified for use in racing. For the purposes of this	13287
division:	13288

(1) A "competitive professional racing event" is a motor	13289
vehicle racing event sanctioned by one or more motor racing	13290
sanctioning organizations, at which aggregate cash prizes in	13291
excess of eight hundred thousand dollars are awarded to the	13292
competitors.	13293

(2) "Full-time employee" means an individual who is employed	13294
for consideration for thirty-five or more hours a week, or who	13295
renders any other standard of service generally accepted by custom	13296
or specified by contract as full-time employment.	13297

(UU)(1) "Lease" or "rental" means any transfer of the	13298
possession or control of tangible personal property for a fixed or	13299
indefinite term, for consideration. "Lease" or "rental" includes	13300
future options to purchase or extend, and agreements described in	13301
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	13302
the amount of consideration may be increased or decreased by	13303
reference to the amount realized upon the sale or disposition of	13304
the property. "Lease" or "rental" does not include:	13305

(a) A transfer of possession or control of tangible personal	13306
property under a security agreement or a deferred payment plan	13307
that requires the transfer of title upon completion of the	13308
required payments;	13309

(b) A transfer of possession or control of tangible personal	13310
property under an agreement that requires the transfer of title	13311
upon completion of required payments and payment of an option	13312
price that does not exceed the greater of one hundred dollars or	13313
one per cent of the total required payments;	13314

(c) Providing tangible personal property along with an	13315
operator for a fixed or indefinite period of time, if the operator	13316
is necessary for the property to perform as designed. For purposes	13317
of this division, the operator must do more than maintain,	13318
inspect, or set-up the tangible personal property.	13319

(2) "Lease" and "rental," as defined in division (UU) of this	13320
section, shall not apply to leases or rentals that exist before	13321
June 26, 2003.	13322

(3) "Lease" and "rental" have the same meaning as in division	13323
(UU)(1) of this section regardless of whether a transaction is	13324
characterized as a lease or rental under generally accepted	13325
accounting principles, the Internal Revenue Code, Title XIII of	13326
the Revised Code, or other federal, state, or local laws.	13327

(VV) "Mobile telecommunications service" has the same meaning	13328
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	13329
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	13330
on and after August 1, 2003, includes related fees and ancillary	13331
services, including universal service fees, detailed billing	13332
service, directory assistance, service initiation, voice mail	13333
service, and vertical services, such as caller ID and three-way	13334
calling.	13335

(WW) "Certified service provider" has the same meaning as in	13336
section 5740.01 of the Revised Code.	13337

(XX) "Satellite broadcasting service" means the distribution	13338
or broadcasting of programming or services by satellite directly	13339
to the subscriber's receiving equipment without the use of ground	13340
receiving or distribution equipment, except the subscriber's	13341
receiving equipment or equipment used in the uplink process to the	13342
satellite, and includes all service and rental charges, premium	13343
channels or other special services, installation and repair	13344
service charges, and any other charges having any connection with	13345
the provision of the satellite broadcasting service.	13346

(YY) "Tangible personal property" means personal property	13347
that can be seen, weighed, measured, felt, or touched, or that is	13348
in any other manner perceptible to the senses. For purposes of	13349
this chapter and Chapter 5741. of the Revised Code, "tangible	13350
personal property" includes motor vehicles, electricity, water,	13351
gas, steam, and prewritten computer software.	13352

(ZZ) "Direct mail" means printed material delivered or	13353
distributed by United States mail or other delivery service to a	13354
mass audience or to addressees on a mailing list provided by the	13355
consumer or at the direction of the consumer when the cost of the	13356
items are not billed directly to the recipients. "Direct mail"	13357
includes tangible personal property supplied directly or	13358
indirectly by the consumer to the direct mail vendor for inclusion	13359
in the package containing the printed material. "Direct mail" does	13360
not include multiple items of printed material delivered to a	13361
single address.	13362

(AAA) "Computer" means an electronic device that accepts	13363
information in digital or similar form and manipulates it for a	13364
result based on a sequence of instructions.	13365

(BBB) "Computer software" means a set of coded instructions	13366
designed to cause a computer or automatic data processing	13367
equipment to perform a task.	13368

(CCC) "Delivered electronically" means delivery of computer	13369
software from the seller to the purchaser by means other than	13370
tangible storage media.	13371

(DDD) "Prewritten computer software" means computer software,	13372
including prewritten upgrades, that is not designed and developed	13373
by the author or other creator to the specifications of a specific	13374
purchaser. The combining of two or more prewritten computer	13375
software programs or prewritten portions thereof does not cause	13376
the combination to be other than prewritten computer software.	13377
"Prewritten computer software" includes software designed and	13378
developed by the author or other creator to the specifications of	13379
a specific purchaser when it is sold to a person other than the	13380
purchaser. If a person modifies or enhances computer software of	13381
which the person is not the author or creator, the person shall be	13382
deemed to be the author or creator only of such person's	13383
modifications or enhancements. Prewritten computer software or a	13384
prewritten portion thereof that is modified or enhanced to any	13385
degree, where such modification or enhancement is designed and	13386
developed to the specifications of a specific purchaser, remains	13387
prewritten computer software; provided, however, that where there	13388
is a reasonable, separately stated charge or an invoice or other	13389
statement of the price given to the purchaser for the modification	13390
or enhancement, the modification or enhancement shall not	13391
constitute prewritten computer software.	13392

(EEE)(1) "Food" means substances, whether in liquid,	13393
concentrated, solid, frozen, dried, or dehydrated form, that are	13394
sold for ingestion or chewing by humans and are consumed for their	13395
taste or nutritional value. "Food" does not include alcoholic	13396
beverages, dietary supplements, soft drinks, or tobacco.	13397

(2) As used in division (EEE)(1) of this section:

13398

(a) "Alcoholic beverages" means beverages that are suitable	13399
for human consumption and contain one-half of one per cent or more	13400
of alcohol by volume.	13401

(b) "Dietary supplements" means any product, other than	13402
tobacco, that is intended to supplement the diet and that is	13403
intended for ingestion in tablet, capsule, powder, softgel,	13404
gelcap, or liquid form, or, if not intended for ingestion in such	13405
a form, is not represented as conventional food for use as a sole	13406
item of a meal or of the diet; that is required to be labeled as a	13407
dietary supplement, identifiable by the "supplement facts" box	13408
found on the label, as required by 21 C.F.R. 101.36; and that	13409
contains one or more of the following dietary ingredients:	13410

(i) A vitamin;

13411

(ii) A mineral;

13412

(iii) An herb or other botanical;

13413

(iv) An amino acid;

13414

(v) A dietary substance for use by humans to supplement the	13415
diet by increasing the total dietary intake;	13416

(vi) A concentrate, metabolite, constituent, extract, or	13417
combination of any ingredient described in divisions	13418
(EEE)(2)(b)(i) to (v) of this section.	13419

(c) "Soft drinks" means nonalcoholic beverages that contain	13420
natural or artificial sweeteners. "Soft drinks" does not include	13421
beverages that contain milk or milk products, soy, rice, or	13422
similar milk substitutes, or that contains greater than fifty per	13423
cent vegetable or fruit juice by volume.	13424

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	13425
tobacco, or any other item that contains tobacco.	13426

(FFF) "Drug" means a compound, substance, or preparation, and	13427
any component of a compound, substance, or preparation, other than	13428
food, dietary supplements, or alcoholic beverages that is	13429
recognized in the official United States pharmacopoeia, official	13430
homeopathic pharmacopoeia of the United States, or official	13431
national formulary, and supplements to them; is intended for use	13432
in the diagnosis, cure, mitigation, treatment, or prevention of	13433
disease; or is intended to affect the structure or any function of	13434
the body.	13435

(GGG) "Prescription" means an order, formula, or recipe	13436
issued in any form of oral, written, electronic, or other means of	13437
transmission by a duly licensed practitioner authorized by the	13438
laws of this state to issue a prescription.	13439

(HHH) "Durable medical equipment" means equipment, including	13440
repair and replacement parts for such equipment, that can	13441
withstand repeated use, is primarily and customarily used to serve	13442
a medical purpose, generally is not useful to a person in the	13443
absence of illness or injury, and is not worn in or on the body.	13444
"Durable medical equipment" does not include mobility enhancing	13445
equipment.	13446

(III) "Mobility enhancing equipment" means equipment,	13447
including repair and replacement parts for such equipment, that is	13448
primarily and customarily used to provide or increase the ability	13449
to move from one place to another and is appropriate for use	13450
either in a home or a motor vehicle, that is not generally used by	13451
persons with normal mobility, and that does not include any motor	13452
vehicle or equipment on a motor vehicle normally provided by a	13453
motor vehicle manufacturer. "Mobility enhancing equipment" does	13454
not include durable medical equipment.	13455

(JJJ) "Prosthetic device" means a replacement, corrective, or	13456
supportive device, including repair and replacement parts for the	13457
device, worn on or in the human body to artificially replace a	13458
missing portion of the body, prevent or correct physical deformity	13459
or malfunction, or support a weak or deformed portion of the body.	13460
As used in this division, "prosthetic device" does not include	13461
corrective eyeglasses, contact lenses, or dental prosthesis.	13462

(KKK)(1) "Fractional aircraft ownership program" means a	13463
program in which persons within an affiliated group sell and	13464
manage fractional ownership program aircraft, provided that at	13465
least one hundred airworthy aircraft are operated in the program	13466
and the program meets all of the following criteria:	13467

(a) Management services are provided by at least one program	13468
manager within an affiliated group on behalf of the fractional	13469
owners.	13470

(b) Each program aircraft is owned or possessed by at least	13471
one fractional owner.	13472

(c) Each fractional owner owns or possesses at least a	13473
one-sixteenth interest in at least one fixed-wing program	13474
aircraft.	13475

(d) A dry-lease aircraft interchange arrangement is in effect	13476
among all of the fractional owners.	13477

(e) Multi-year program agreements are in effect regarding the	13478
fractional ownership, management services, and dry-lease aircraft	13479
interchange arrangement aspects of the program.	13480

(2) As used in division (KKK)(1) of this section:

13481

(a) "Affiliated group" has the same meaning as in division	13482
(B)(3)(e) of this section.	13483

(b) "Fractional owner" means a person that owns or possesses	13484
at least a one-sixteenth interest in a program aircraft and has	13485
entered into the agreements described in division (KKK)(1)(e) of	13486
this section.	13487

(c) "Fractional ownership program aircraft" or "program	13488
aircraft" means a turbojet aircraft that is owned or possessed by	13489
a fractional owner and that has been included in a dry-lease	13490
aircraft interchange arrangement and agreement under divisions	13491
(KKK)(1)(d) and (e) of this section, or an aircraft a program	13492
manager owns or possesses primarily for use in a fractional	13493
aircraft ownership program.	13494

(d) "Management services" means administrative and aviation	13495
support services furnished under a fractional aircraft ownership	13496
program in accordance with a management services agreement under	13497
division (KKK)(1)(e) of this section, and offered by the program	13498
manager to the fractional owners, including, at a minimum, the	13499
establishment and implementation of safety guidelines; the	13500
coordination of the scheduling of the program aircraft and crews;	13501
program aircraft maintenance; program aircraft insurance; crew	13502
training for crews employed, furnished, or contracted by the	13503
program manager or the fractional owner; the satisfaction of	13504
record-keeping requirements; and the development and use of an	13505
operations manual and a maintenance manual for the fractional	13506
aircraft ownership program.	13507

(e) "Program manager" means the person that offers management	13508
services to fractional owners pursuant to a management services	13509
agreement under division (KKK)(1)(e) of this section.	13510

Sec. 5739.09.  (A)(1) A board of county commissioners may, by	13511
resolution adopted by a majority of the members of the board, levy	13512
an excise tax not to exceed three per cent on transactions by	13513
which lodging by a hotel is or is to be furnished to transient	13514
guests. The board shall establish all regulations necessary to	13515
provide for the administration and allocation of the tax. The	13516
regulations may prescribe the time for payment of the tax, and may	13517
provide for the imposition of a penalty or interest, or both, for	13518
late payments, provided that the penalty does not exceed ten per	13519
cent of the amount of tax due, and the rate at which interest	13520
accrues does not exceed the rate per annum prescribed pursuant to	13521
section 5703.47 of the Revised Code. Except as provided in	13522
divisions (A)(2), (3), (4), and (5) of this section, the	13523
regulations shall provide, after deducting the real and actual	13524
costs of administering the tax, for the return to each municipal	13525
corporation or township that does not levy an excise tax on the	13526
transactions, a uniform percentage of the tax collected in the	13527
municipal corporation or in the unincorporated portion of the	13528
township from each transaction, not to exceed thirty-three and	13529
one-third per cent. The remainder of the revenue arising from the	13530
tax shall be deposited in a separate fund and shall be spent	13531
solely to make contributions to the convention and visitors'	13532
bureau operating within the county, including a pledge and	13533
contribution of any portion of the remainder pursuant to an	13534
agreement authorized by section 307.695 of the Revised Code,	13535
provided that if the board of county commissioners of an eligible	13536
county as defined in section 307.695 of the Revised Code adopts a	13537
resolution amending a resolution levying a tax under this division	13538
to provide that the revenue from the tax shall be used by the	13539
board as described in division (H) of section 307.695 of the	13540
Revised Code, the remainder of the revenue shall be used as	13541
described in the resolution making that amendment. Except as	13542
provided in division (A)(2), (3), (4), or (5) or (H) of this	13543
section, on and after May 10, 1994, a board of county	13544
commissioners may not levy an excise tax pursuant to this division	13545
in any municipal corporation or township located wholly or partly	13546
within the county that has in effect an ordinance or resolution	13547
levying an excise tax pursuant to division (B) of this section.	13548
The board of a county that has levied a tax under division (C) of	13549
this section may, by resolution adopted within ninety days after	13550
July 15, 1985, by a majority of the members of the board, amend	13551
the resolution levying a tax under this division to provide for a	13552
portion of that tax to be pledged and contributed in accordance	13553
with an agreement entered into under section 307.695 of the	13554
Revised Code. A tax, any revenue from which is pledged pursuant to	13555
such an agreement, shall remain in effect at the rate at which it	13556
is imposed for the duration of the period for which the revenue	13557
from the tax has been so pledged.	13558

The board of county commissioners of an eligible county as	13559
defined in section 307.695 of the Revised Code may, by resolution	13560
adopted by a majority of the members of the board, amend a	13561
resolution levying a tax under this division to provide that the	13562
revenue from the tax shall be used by the board as described in	13563
division (H) of section 307.695 of the Revised Code, in which case	13564
the tax shall remain in effect at the rate at which it was imposed	13565
for the duration of any agreement entered into by the board under	13566
section 307.695 of the Revised Code, the duration during which any	13567
securities issued by the board under that section are outstanding,	13568
or the duration of the period during which the board owns a	13569
project as defined in section 307.695 of the Revised Code,	13570
whichever duration is longest.	13571

(2) A board of county commissioners that levies an excise tax	13572
under division (A)(1) of this section on June 30, 1997, at a rate	13573
of three per cent, and that has pledged revenue from the tax to an	13574
agreement entered into under section 307.695 of the Revised Code,	13575
mayor, in the case of the board of county commissioners of an	13576
eligible county as defined in section 307.695 of the Revised Code,	13577
has amended a resolution levying a tax under division (C) of this	13578
section to provide that proceeds from the tax shall be used by the	13579
board as described in division (H) of section 307.695 of the	13580
Revised Code, may, at any time by a resolution adopted by a	13581
majority of the members of the board, amend the resolution levying	13582
thata tax under division (A)(1) of this section to provide for an	13583
increase in the rate of thethat tax up to fiveseven per cent on	13584
each transaction; to provide that revenue from the increase in the	13585
rate shall be used as described in division (H) of section 307.695	13586
of the Revised Code or be spent solely to make contributions to	13587
the convention and visitors' bureau operating within the county to	13588
be used specifically for promotion, advertising, and marketing of	13589
the region in which the county is located; and to provide that the	13590
rate in excess of the three per cent levied under division (A)(1)	13591
of this section shall remain in effect at the rate at which it is	13592
imposed for the duration of the period during which any agreement	13593
is in effect that was entered into under section 307.695 of the	13594
Revised Code by the board of county commissioners levying a tax	13595
under division (A)(1) of this section; and to, the duration of the	13596
period during which any securities issued by the board under	13597
division (I) of section 307.695 of the Revised Code are	13598
outstanding, or the duration of the period during which the board	13599
owns a project as defined in section 307.695 of the Revised Code,	13600
whichever duration is longest. The amendment also shall provide	13601
that no portion of that revenue need be returned to townships or	13602
municipal corporations as would otherwise be required under	13603
division (A)(1) of this section.	13604

(3) A board of county commissioners that levies a tax under	13605
division (A)(1) of this section on March 18, 1999, at a rate of	13606
three per cent may, by resolution adopted not later than	13607
forty-five days after March 18, 1999, amend the resolution levying	13608
the tax to provide for all of the following:	13609

(a) That the rate of the tax shall be increased by not more	13610
than an additional four per cent on each transaction;	13611

(b) That all of the revenue from the increase in the rate	13612
shall be pledged and contributed to a convention facilities	13613
authority established by the board of county commissioners under	13614
Chapter 351. of the Revised Code on or before November 15, 1998,	13615
and used to pay costs of constructing, maintaining, operating, and	13616
promoting a facility in the county, including paying bonds, or	13617
notes issued in anticipation of bonds, as provided by that	13618
chapter;	13619

(c) That no portion of the revenue arising from the increase	13620
in rate need be returned to municipal corporations or townships as	13621
otherwise required under division (A)(1) of this section;	13622

(d) That the increase in rate shall not be subject to	13623
diminution by initiative or referendum or by law while any bonds,	13624
or notes in anticipation of bonds, issued by the authority under	13625
Chapter 351. of the Revised Code to which the revenue is pledged,	13626
remain outstanding in accordance with their terms, unless	13627
provision is made by law or by the board of county commissioners	13628
for an adequate substitute therefor that is satisfactory to the	13629
trustee if a trust agreement secures the bonds.	13630

Division (A)(3) of this section does not apply to the board	13631
of county commissioners of any county in which a convention center	13632
or facility exists or is being constructed on November 15, 1998,	13633
or of any county in which a convention facilities authority levies	13634
a tax pursuant to section 351.021 of the Revised Code on that	13635
date.	13636

As used in division (A)(3) of this section, "cost" and	13637
"facility" have the same meanings as in section 351.01 of the	13638
Revised Code, and "convention center" has the same meaning as in	13639
section 307.695 of the Revised Code.	13640

(4) A board of county commissioners that levies a tax under	13641
division (A)(1) of this section on June 30, 2002, at a rate of	13642
three per cent may, by resolution adopted not later than September	13643
30, 2002, amend the resolution levying the tax to provide for all	13644
of the following:	13645

(a) That the rate of the tax shall be increased by not more	13646
than an additional three and one-half per cent on each	13647
transaction;	13648

(b) That all of the revenue from the increase in rate shall	13649
be pledged and contributed to a convention facilities authority	13650
established by the board of county commissioners under Chapter	13651
351. of the Revised Code on or before May 15, 2002, and be used to	13652
pay costs of constructing, expanding, maintaining, operating, or	13653
promoting a convention center in the county, including paying	13654
bonds, or notes issued in anticipation of bonds, as provided by	13655
that chapter;	13656

(c) That no portion of the revenue arising from the increase	13657
in rate need be returned to municipal corporations or townships as	13658
otherwise required under division (A)(1) of this section;	13659

(d) That the increase in rate shall not be subject to	13660
diminution by initiative or referendum or by law while any bonds,	13661
or notes in anticipation of bonds, issued by the authority under	13662
Chapter 351. of the Revised Code to which the revenue is pledged,	13663
remain outstanding in accordance with their terms, unless	13664
provision is made by law or by the board of county commissioners	13665
for an adequate substitute therefor that is satisfactory to the	13666
trustee if a trust agreement secures the bonds.	13667

As used in division (A)(4) of this section, "cost" has the	13668
same meaning as in section 351.01 of the Revised Code, and	13669
"convention center" has the same meaning as in section 307.695 of	13670
the Revised Code.	13671

(5)(a) As used in division (A)(5) of this section:

13672

(i) "Port authority" means a port authority created under	13673
Chapter 4582. of the Revised Code.	13674

(ii) "Port authority military-use facility" means port	13675
authority facilities on which or adjacent to which is located an	13676
installation of the armed forces of the United States, a reserve	13677
component thereof, or the national guard and at least part of	13678
which is made available for use, for consideration, by the armed	13679
forces of the United States, a reserve component thereof, or the	13680
national guard.	13681

(b) For the purpose of contributing revenue to pay operating	13682
expenses of a port authority that operates a port authority	13683
military-use facility, the board of county commissioners of a	13684
county that created, participated in the creation of, or has	13685
joined such a port authority may do one or both of the following:	13686

(i) Amend a resolution previously adopted under division	13687
(A)(1) of this section to designate some or all of the revenue	13688
from the tax levied under the resolution to be used for that	13689
purpose, notwithstanding that division;	13690

(ii) Amend a resolution previously adopted under division	13691
(A)(1) of this section to increase the rate of the tax by not more	13692
than an additional two per cent and use the revenue from the	13693
increase exclusively for that purpose.	13694

(c) If a board of county commissioners amends a resolution to	13695
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	13696
of this section, the board also may amend the resolution to	13697
specify that the increase in rate of the tax does not apply to	13698
"hotels," as otherwise defined in section 5739.01 of the Revised	13699
Code, having fewer rooms used for the accommodation of guests than	13700
a number of rooms specified by the board.	13701

(B)(1) The legislative authority of a municipal corporation	13702
or the board of trustees of a township that is not wholly or	13703
partly located in a county that has in effect a resolution levying	13704
an excise tax pursuant to division (A)(1) of this section may, by	13705
ordinance or resolution, levy an excise tax not to exceed three	13706
per cent on transactions by which lodging by a hotel is or is to	13707
be furnished to transient guests. The legislative authority of the	13708
municipal corporation or the board of trustees of the township	13709
shall deposit at least fifty per cent of the revenue from the tax	13710
levied pursuant to this division into a separate fund, which shall	13711
be spent solely to make contributions to convention and visitors'	13712
bureaus operating within the county in which the municipal	13713
corporation or township is wholly or partly located, and the	13714
balance of that revenue shall be deposited in the general fund.	13715
The municipal corporation or township shall establish all	13716
regulations necessary to provide for the administration and	13717
allocation of the tax. The regulations may prescribe the time for	13718
payment of the tax, and may provide for the imposition of a	13719
penalty or interest, or both, for late payments, provided that the	13720
penalty does not exceed ten per cent of the amount of tax due, and	13721
the rate at which interest accrues does not exceed the rate per	13722
annum prescribed pursuant to section 5703.47 of the Revised Code.	13723
The levy of a tax under this division is in addition to any tax	13724
imposed on the same transaction by a municipal corporation or a	13725
township as authorized by division (A) of section 5739.08 of the	13726
Revised Code.	13727

(2) The legislative authority of the most populous municipal	13728
corporation located wholly or partly in a county in which the	13729
board of county commissioners has levied a tax under division	13730
(A)(4) of this section may amend, on or before September 30, 2002,	13731
that municipal corporation's ordinance or resolution that levies	13732
an excise tax on transactions by which lodging by a hotel is or is	13733
to be furnished to transient guests, to provide for all of the	13734
following:	13735

(a) That the rate of the tax shall be increased by not more	13736
than an additional one per cent on each transaction;	13737

(b) That all of the revenue from the increase in rate shall	13738
be pledged and contributed to a convention facilities authority	13739
established by the board of county commissioners under Chapter	13740
351. of the Revised Code on or before May 15, 2002, and be used to	13741
pay costs of constructing, expanding, maintaining, operating, or	13742
promoting a convention center in the county, including paying	13743
bonds, or notes issued in anticipation of bonds, as provided by	13744
that chapter;	13745

(c) That the increase in rate shall not be subject to	13746
diminution by initiative or referendum or by law while any bonds,	13747
or notes in anticipation of bonds, issued by the authority under	13748
Chapter 351. of the Revised Code to which the revenue is pledged,	13749
remain outstanding in accordance with their terms, unless	13750
provision is made by law, by the board of county commissioners, or	13751
by the legislative authority, for an adequate substitute therefor	13752
that is satisfactory to the trustee if a trust agreement secures	13753
the bonds.	13754

As used in division (B)(2) of this section, "cost" has the	13755
same meaning as in section 351.01 of the Revised Code, and	13756
"convention center" has the same meaning as in section 307.695 of	13757
the Revised Code.	13758

(C) For the purpose of making the payments authorized by	13759
purposes described in section 307.695 of the Revised Code to	13760
construct and equip a convention center in the county and to cover	13761
the costs of administering the tax, a board of county	13762
commissioners of a county where a tax imposed under division	13763
(A)(1) of this section is in effect may, by resolution adopted	13764
within ninety days after July 15, 1985, by a majority of the	13765
members of the board, levy an additional excise tax not to exceed	13766
three per cent on transactions by which lodging by a hotel is or	13767
is to be furnished to transient guests. The tax authorized by this	13768
division shall be in addition to any tax that is levied pursuant	13769
to division (A) of this section, but it shall not apply to	13770
transactions subject to a tax levied by a municipal corporation or	13771
township pursuant to the authorization granted by division (A) of	13772
section 5739.08 of the Revised Code. The board shall establish all	13773
regulations necessary to provide for the administration and	13774
allocation of the tax. The regulations may prescribe the time for	13775
payment of the tax, and may provide for the imposition of a	13776
penalty or interest, or both, for late payments, provided that the	13777
penalty does not exceed ten per cent of the amount of tax due, and	13778
the rate at which interest accrues does not exceed the rate per	13779
annum prescribed pursuant to section 5703.47 of the Revised Code.	13780
All revenues arising from the tax shall be expended in accordance	13781
with section 307.695 of the Revised Code. The board of county	13782
commissioners of an eligible county as defined in section 307.695	13783
of the Revised Code may, by resolution adopted by a majority of	13784
the members of the board, amend the resolution levying a tax under	13785
this division to provide that the revenue from the tax shall be	13786
used by the board as described in division (H) of section 307.695	13787
of the Revised Code. A tax imposed under this division shall	13788
remain in effect at the rate at which it is imposed for the	13789
duration of the period for which the revenue from the tax has been	13790
pledged pursuant to that sectionduring which any agreement	13791
entered into by the board under section 307.695 of the Revised	13792
Code is in effect, the duration of the period during which any	13793
securities issued by the board under division (I) of section	13794
307.695 of the Revised Code are outstanding, or the duration of	13795
the period during which the board owns a project as defined in	13796
section 307.695 of the Revised Code, whichever duration is	13797
longest.	13798

(D) For the purpose of providing contributions under division	13799
(B)(1) of section 307.671 of the Revised Code to enable the	13800
acquisition, construction, and equipping of a port authority	13801
educational and cultural facility in the county and, to the extent	13802
provided for in the cooperative agreement authorized by that	13803
section, for the purpose of paying debt service charges on bonds,	13804
or notes in anticipation of bonds, described in division (B)(1)(b)	13805
of that section, a board of county commissioners, by resolution	13806
adopted within ninety days after December 22, 1992, by a majority	13807
of the members of the board, may levy an additional excise tax not	13808
to exceed one and one-half per cent on transactions by which	13809
lodging by a hotel is or is to be furnished to transient guests.	13810
The excise tax authorized by this division shall be in addition to	13811
any tax that is levied pursuant to divisions (A), (B), and (C) of	13812
this section, to any excise tax levied pursuant to section 5739.08	13813
of the Revised Code, and to any excise tax levied pursuant to	13814
section 351.021 of the Revised Code. The board of county	13815
commissioners shall establish all regulations necessary to provide	13816
for the administration and allocation of the tax that are not	13817
inconsistent with this section or section 307.671 of the Revised	13818
Code. The regulations may prescribe the time for payment of the	13819
tax, and may provide for the imposition of a penalty or interest,	13820
or both, for late payments, provided that the penalty does not	13821
exceed ten per cent of the amount of tax due, and the rate at	13822
which interest accrues does not exceed the rate per annum	13823
prescribed pursuant to section 5703.47 of the Revised Code. All	13824
revenues arising from the tax shall be expended in accordance with	13825
section 307.671 of the Revised Code and division (D) of this	13826
section. The levy of a tax imposed under this division may not	13827
commence prior to the first day of the month next following the	13828
execution of the cooperative agreement authorized by section	13829
307.671 of the Revised Code by all parties to that agreement. The	13830
tax shall remain in effect at the rate at which it is imposed for	13831
the period of time described in division (C) of section 307.671 of	13832
the Revised Code for which the revenue from the tax has been	13833
pledged by the county to the corporation pursuant to that section,	13834
but, to any extent provided for in the cooperative agreement, for	13835
no lesser period than the period of time required for payment of	13836
the debt service charges on bonds, or notes in anticipation of	13837
bonds, described in division (B)(1)(b) of that section.	13838

(E) For the purpose of paying the costs of acquiring,	13839
constructing, equipping, and improving a municipal educational and	13840
cultural facility, including debt service charges on bonds	13841
provided for in division (B) of section 307.672 of the Revised	13842
Code, and for any additional purposes determined by the county in	13843
the resolution levying the tax or amendments to the resolution,	13844
including subsequent amendments providing for paying costs of	13845
acquiring, constructing, renovating, rehabilitating, equipping,	13846
and improving a port authority educational and cultural performing	13847
arts facility, as defined in section 307.674 of the Revised Code,	13848
and including debt service charges on bonds provided for in	13849
division (B) of section 307.674 of the Revised Code, the	13850
legislative authority of a county, by resolution adopted within	13851
ninety days after June 30, 1993, by a majority of the members of	13852
the legislative authority, may levy an additional excise tax not	13853
to exceed one and one-half per cent on transactions by which	13854
lodging by a hotel is or is to be furnished to transient guests.	13855
The excise tax authorized by this division shall be in addition to	13856
any tax that is levied pursuant to divisions (A), (B), (C), and	13857
(D) of this section, to any excise tax levied pursuant to section	13858
5739.08 of the Revised Code, and to any excise tax levied pursuant	13859
to section 351.021 of the Revised Code. The legislative authority	13860
of the county shall establish all regulations necessary to provide	13861
for the administration and allocation of the tax. The regulations	13862
may prescribe the time for payment of the tax, and may provide for	13863
the imposition of a penalty or interest, or both, for late	13864
payments, provided that the penalty does not exceed ten per cent	13865
of the amount of tax due, and the rate at which interest accrues	13866
does not exceed the rate per annum prescribed pursuant to section	13867
5703.47 of the Revised Code. All revenues arising from the tax	13868
shall be expended in accordance with section 307.672 of the	13869
Revised Code and this division. The levy of a tax imposed under	13870
this division shall not commence prior to the first day of the	13871
month next following the execution of the cooperative agreement	13872
authorized by section 307.672 of the Revised Code by all parties	13873
to that agreement. The tax shall remain in effect at the rate at	13874
which it is imposed for the period of time determined by the	13875
legislative authority of the county, but not to exceed fifteen	13876
years.	13877

(F) The legislative authority of a county that has levied a	13878
tax under division (E) of this section may, by resolution adopted	13879
within one hundred eighty days after January 4, 2001, by a	13880
majority of the members of the legislative authority, amend the	13881
resolution levying a tax under that division to provide for the	13882
use of the proceeds of that tax, to the extent that it is no	13883
longer needed for its original purpose as determined by the	13884
parties to a cooperative agreement amendment pursuant to division	13885
(D) of section 307.672 of the Revised Code, to pay costs of	13886
acquiring, constructing, renovating, rehabilitating, equipping,	13887
and improving a port authority educational and cultural performing	13888
arts facility, including debt service charges on bonds provided	13889
for in division (B) of section 307.674 of the Revised Code, and to	13890
pay all obligations under any guaranty agreements, reimbursement	13891
agreements, or other credit enhancement agreements described in	13892
division (C) of section 307.674 of the Revised Code. The	13893
resolution may also provide for the extension of the tax at the	13894
same rate for the longer of the period of time determined by the	13895
legislative authority of the county, but not to exceed an	13896
additional twenty-five years, or the period of time required to	13897
pay all debt service charges on bonds provided for in division (B)	13898
of section 307.672 of the Revised Code and on port authority	13899
revenue bonds provided for in division (B) of section 307.674 of	13900
the Revised Code. All revenues arising from the amendment and	13901
extension of the tax shall be expended in accordance with section	13902
307.674 of the Revised Code, this division, and division (E) of	13903
this section.	13904

(G) For purposes of a tax levied by a county, township, or	13905
municipal corporation under this section or section 5739.08 of the	13906
Revised Code, a board of county commissioners, board of township	13907
trustees, or the legislative authority of a municipal corporation	13908
may adopt a resolution or ordinance at any time specifying that	13909
"hotel," as otherwise defined in section 5739.01 of the Revised	13910
Code, includes establishments in which fewer than five rooms are	13911
used for the accommodation of guests. The resolution or ordinance	13912
may apply to a tax imposed pursuant to this section prior to the	13913
adoption of the resolution or ordinance if the resolution or	13914
ordinance so states, but the tax shall not apply to transactions	13915
by which lodging by such an establishment is provided to transient	13916
guests prior to the adoption of the resolution or ordinance.	13917

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

13918

(a) "Convention facilities authority" has the same meaning as	13919
in section 351.01 of the Revised Code.	13920

(b) "Convention center" has the same meaning as in section	13921
307.695 of the Revised Code.	13922

(2) Notwithstanding any contrary provision of division (D) of	13923
this section, the legislative authority of a county with a	13924
population of one million or more according to the most recent	13925
federal decennial census that has levied a tax under division (D)	13926
of this section may, by resolution adopted by a majority of the	13927
members of the legislative authority, provide for the extension of	13928
such levy and may provide that the proceeds of that tax, to the	13929
extent that they are no longer needed for their original purpose	13930
as defined by a cooperative agreement entered into under section	13931
307.671 of the Revised Code, shall be deposited into the county	13932
general revenue fund. The resolution shall provide for the	13933
extension of the tax at a rate not to exceed the rate specified in	13934
division (D) of this section for a period of time determined by	13935
the legislative authority of the county, but not to exceed an	13936
additional forty years.	13937

(3) The legislative authority of a county with a population	13938
of one million or more that has levied a tax under division (A)(1)	13939
of this section may, by resolution adopted by a majority of the	13940
members of the legislative authority, increase the rate of the tax	13941
levied by such county under division (A)(1) of this section to a	13942
rate not to exceed five per cent on transactions by which lodging	13943
by a hotel is or is to be furnished to transient guests.	13944
Notwithstanding any contrary provision of division (A)(1) of this	13945
section, the resolution may provide that all collections resulting	13946
from the rate levied in excess of three per cent, after deducting	13947
the real and actual costs of administering the tax, shall be	13948
deposited in the county general fund.	13949

(4) The legislative authority of a county with a population	13950
of one million or more that has levied a tax under division (A)(1)	13951
of this section may, by resolution adopted on or before August 30,	13952
2004, by a majority of the members of the legislative authority,	13953
provide that all or a portion of the proceeds of the tax levied	13954
under division (A)(1) of this section, after deducting the real	13955
and actual costs of administering the tax and the amounts required	13956
to be returned to townships and municipal corporations with	13957
respect to the first three per cent levied under division (A)(1)	13958
of this section, shall be deposited in the county general fund,	13959
provided that such proceeds shall be used to satisfy any pledges	13960
made in connection with an agreement entered into under section	13961
307.695 of the Revised Code.	13962

(5) No amount collected from a tax levied, extended, or	13963
required to be deposited in the county general fund under division	13964
(H) of this section shall be contributed to a convention	13965
facilities authority, corporation, or other entity created after	13966
July 1, 2003, for the principal purpose of constructing,	13967
improving, expanding, equipping, financing, or operating a	13968
convention center unless the mayor of the municipal corporation in	13969
which the convention center is to be operated by that convention	13970
facilities authority, corporation, or other entity has consented	13971
to the creation of that convention facilities authority,	13972
corporation, or entity. Notwithstanding any contrary provision of	13973
section 351.04 of the Revised Code, if a tax is levied by a county	13974
under division (H) of this section, the board of county	13975
commissioners of that county may determine the manner of	13976
selection, the qualifications, the number, and terms of office of	13977
the members of the board of directors of any convention facilities	13978
authority, corporation, or other entity described in division	13979
(H)(5) of this section.	13980

(6)(a) No amount collected from a tax levied, extended, or	13981
required to be deposited in the county general fund under division	13982
(H) of this section may be used for any purpose other than paying	13983
the direct and indirect costs of constructing, improving,	13984
expanding, equipping, financing, or operating a convention center	13985
and for the real and actual costs of administering the tax,	13986
unless, prior to the adoption of the resolution of the legislative	13987
authority of the county authorizing the levy, extension, increase,	13988
or deposit, the county and the mayor of the most populous	13989
municipal corporation in that county have entered into an	13990
agreement as to the use of such amounts, provided that such	13991
agreement has been approved by a majority of the mayors of the	13992
other municipal corporations in that county. The agreement shall	13993
provide that the amounts to be used for purposes other than paying	13994
the convention center or administrative costs described in	13995
division (H)(6)(a) of this section be used only for the direct and	13996
indirect costs of capital improvements, including the financing of	13997
capital improvements.	13998

(b) If the county in which the tax is levied has an	13999
association of mayors and city managers, the approval of that	14000
association of an agreement described in division (H)(6)(a) of	14001
this section shall be considered to be the approval of the	14002
majority of the mayors of the other municipal corporations for	14003
purposes of that division.	14004

(7) Each year, the auditor of state shall conduct an audit of	14005
the uses of any amounts collected from taxes levied, extended, or	14006
deposited under division (H) of this section and shall prepare a	14007
report of the auditor of state's findings. The auditor of state	14008
shall submit the report to the legislative authority of the county	14009
that has levied, extended, or deposited the tax, the speaker of	14010
the house of representatives, the president of the senate, and the	14011
leaders of the minority parties of the house of representatives	14012
and the senate.	14013

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

14014

(a) "Convention facilities authority" has the same meaning as	14015
in section 351.01 of the Revised Code.	14016

(b) "Convention center" has the same meaning as in section	14017
307.695 of the Revised Code.	14018

(2) Notwithstanding any contrary provision of division (D) of	14019
this section, the legislative authority of a county with a	14020
population of one million two hundred thousand or more according	14021
to the most recent federal decennial census or the most recent	14022
annual population estimate published or released by the United	14023
States census bureau at the time the resolution is adopted placing	14024
the levy on the ballot, that has levied a tax under division (D)	14025
of this section may, by resolution adopted by a majority of the	14026
members of the legislative authority, provide for the extension of	14027
such levy and may provide that the proceeds of that tax, to the	14028
extent that the proceeds are no longer needed for their original	14029
purpose as defined by a cooperative agreement entered into under	14030
section 307.671 of the Revised Code and after deducting the real	14031
and actual costs of administering the tax, shall be used for	14032
paying the direct and indirect costs of constructing, improving,	14033
expanding, equipping, financing, or operating a convention center.	14034
The resolution shall provide for the extension of the tax at a	14035
rate not to exceed the rate specified in division (D) of this	14036
section for a period of time determined by the legislative	14037
authority of the county, but not to exceed an additional forty	14038
years.	14039

(3) The legislative authority of a county with a population	14040
of one million two hundred thousand or more that has levied a tax	14041
under division (A)(1) of this section may, by resolution adopted	14042
by a majority of the members of the legislative authority,	14043
increase the rate of the tax levied by such county under division	14044
(A)(1) of this section to a rate not to exceed five per cent on	14045
transactions by which lodging by a hotel is or is to be furnished	14046
to transient guests. Notwithstanding any contrary provision of	14047
division (A)(1) of this section, the resolution shall provide that	14048
all collections resulting from the rate levied in excess of three	14049
per cent, after deducting the real and actual costs of	14050
administering the tax, shall be used for paying the direct and	14051
indirect costs of constructing, improving, expanding, equipping,	14052
financing, or operating a convention center.	14053

(4) The legislative authority of a county with a population	14054
of one million two hundred thousand or more that has levied a tax	14055
under division (A)(1) of this section may, by resolution adopted	14056
on or before July 1, 2008, by a majority of the members of the	14057
legislative authority, provide that all or a portion of the	14058
proceeds of the tax levied under division (A)(1) of this section,	14059
after deducting the real and actual costs of administering the tax	14060
and the amounts required to be returned to townships and municipal	14061
corporations with respect to the first three per cent levied under	14062
division (A)(1) of this section, shall be used to satisfy any	14063
pledges made in connection with an agreement entered into under	14064
section 307.695 of the Revised Code or shall otherwise be used for	14065
paying the direct and indirect costs of constructing, improving,	14066
expanding, equipping, financing, or operating a convention center.	14067

(5) Any amount collected from a tax levied or extended under	14068
division (I) of this section may be contributed to a convention	14069
facilities authority created before July 1, 2005, but no amount	14070
collected from a tax levied or extended under division (I) of this	14071
section may be contributed to a convention facilities authority,	14072
corporation, or other entity created after July 1, 2005, unless	14073
the mayor of the municipal corporation in which the convention	14074
center is to be operated by that convention facilities authority,	14075
corporation. Or, or other entity has consented to the creation of	14076
that convention facilities authority, corporation, or entity.	14077

Sec. 5741.101.  The amount of any refund to be certified to	14078
the treasurer and auditor of state and the director of budget and	14079
management pursuant to section 5741.10 of the Revised Code may be	14080
reduced by the amount the person claiming the refund is indebted	14081
to the state for any tax or fee administered by the tax	14082
commissioner that is paid to the state or to the clerk of courts	14083
pursuant to section 4505.06 of the Revised Code, or any charge,	14084
penalty, or interest arising from such a tax or fee. If the amount	14085
refundable is less than the amount of the debt, it may be applied	14086
in partial satisfaction of the debt. If the amount refundable is	14087
greater than the amount of the debt, the amount remaining after	14088
satisfaction of the debt shall be refunded. If the person has more	14089
than one such debt, any debt subject to section 5739.33 or	14090
division (G) of section 5747.07 of the Revised Code shall be	14091
satisfied first. This section applies only to debts that have	14092
become final.	14093

Sec. 5747.39.  (A) As used in this section, "eligible	14094
employee" and "eligible training costs" have the same meanings as	14095
in section 5733.42 of the Revised Code, and "pass-through entity"	14096
includes a sole proprietorship.	14097

(B)(1) For taxable years beginning in 2003, 2004, 2005, and	14098
2006, and 2007 there is hereby allowed a nonrefundable credit	14099
against the tax imposed by section 5747.02 of the Revised Code for	14100
a taxpayer that is an investor in a pass-through entity for which	14101
a tax credit certificate is issued under section 5733.42 of the	14102
Revised Code. For the taxable year beginning in 2003, the amount	14103
of eligible training costs for which a credit may be claimed by	14104
all taxpayers that are investors in an entity shall equal one-half	14105
of the average of the eligible training costs incurred by the	14106
entity during calendar years 1999, 2000, and 2001, but shall not	14107
exceed one thousand dollars for each eligible employee on account	14108
of whom such costs were paid or incurred by the entity. The amount	14109
of a taxpayer's credit for the taxpayer's taxable year beginning	14110
in 2003 shall equal the taxpayer's interest in the entity on	14111
December 31, 2001, multiplied by the credit available to the	14112
entity as computed by the entity.	14113

(2) For the taxable year beginning in 2004, the amount of the	14114
eligible training costs for which a credit may be claimed by all	14115
taxpayers that are investors in an entity shall equal one-half of	14116
the average of the eligible training costs incurred by the entity	14117
during calendar years 2002, 2003, and 2004, but shall not exceed	14118
one thousand dollars for each eligible employee on account of whom	14119
such costs were paid or incurred by the entity. The amount of a	14120
taxpayer's credit for the taxpayer's taxable year beginning in	14121
2004 shall equal the taxpayer's interest in the entity on December	14122
31, 2004, multiplied by the credit available to the entity as	14123
computed by the entity.	14124

(3) For the taxable year beginning in 2005, the amount of the	14125
eligible training costs for which a credit may be claimed by all	14126
taxpayers that are investors in an entity shall equal one-half of	14127
the average of the eligible training costs incurred by the entity	14128
during calendar years 2003, 2004, and 2005, but shall not exceed	14129
one thousand dollars for each eligible employee on account of whom	14130
such costs were paid or incurred by the entity. The amount of a	14131
taxpayer's credit for the taxpayer's taxable year beginning in	14132
2005 shall equal the taxpayer's interest in the entity on December	14133
31, 2005, multiplied by the credit available to the entity as	14134
computed by the entity.	14135

(4) For the taxable year beginning in 2006, the amount of the	14136
eligible training costs for which a credit may be claimed by all	14137
taxpayers that are investors in an entity shall equal one-half of	14138
the average of the eligible training costs incurred by the entity	14139
during calendar years 2004, 2005, and 2006, but shall not exceed	14140
one thousand dollars for each eligible employee on account of whom	14141
such costs were paid or incurred by the entity. The amount of a	14142
taxpayer's credit for the taxpayer's taxable year beginning in	14143
2006 shall equal the taxpayer's interest in the entity on December	14144
31, 2006, multiplied by the credit available to the entity as	14145
computed by the entity.	14146

(5) For the taxable year beginning in 2007, the amount of the	14147
eligible training costs for which a credit may be claimed by all	14148
taxpayers that are investors in an entity shall equal one-half of	14149
the average of the eligible training costs incurred by the entity	14150
during calendar years 2005, 2006, and 2007, but shall not exceed	14151
one thousand dollars for each eligible employee on account of whom	14152
such costs were paid or incurred by the entity. The amount of a	14153
taxpayer's credit for the taxpayer's taxable year beginning in	14154
2007 shall equal the taxpayer's interest in the entity on December	14155
31, 2007, multiplied by the credit available to the entity as	14156
computed by the entity.	14157

(6) The total amount of credits that may be claimed by all	14158
such taxpayers with respect to each pass-through entity for each	14159
taxable year shall not exceed one hundred thousand dollars.	14160

(C) The credit shall be claimed in the order prescribed by	14161
section 5747.98 of the Revised Code. A taxpayer may carry forward	14162
the credit to the extent that the taxpayer's credit exceeds the	14163
taxpayer's tax due after allowing for any other credits that	14164
precede the credit allowed by this section in the order prescribed	14165
by section 5747.98 of the Revised Code. The taxpayer may carry the	14166
excess credit forward for three taxable years following the	14167
taxable year for which the taxpayer first claims the credit under	14168
this section.	14169

(D) A pass-through entity shall apply to the director of job	14170
and family services for a tax credit certificate in the manner	14171
prescribed by division (C) of section 5733.42 of the Revised Code.	14172
Divisions (C) to (H) of that section govern the tax credit allowed	14173
by this section, except that "taxable year" shall be substituted	14174
for "tax year" wherever that phrase appears in those divisions,	14175
and that "pass-through entity" shall be substituted for "taxpayer"	14176
wherever "taxpayer" appears in those divisions.	14177

Sec. 5748.01.  As used in this chapter:

14178

(A) "School district income tax" means an income tax adopted	14179
under one of the following:	14180

(1) Former section 5748.03 of the Revised Code as it existed	14181
prior to its repeal by Amended Substitute House Bill No. 291 of	14182
the 115th general assembly;	14183

(2) Section 5748.03 of the Revised Code as enacted in	14184
Substitute Senate Bill No. 28 of the 118th general assembly;	14185

(3) Section 5748.08 of the Revised Code as enacted in Amended	14186
Substitute Senate Bill No. 17 of the 122nd general assembly;	14187

(4) Section 5748.021 of the Revised Code;

14188

(5) Section 5748.081 of the Revised Code.

14189

(B) "Individual" means an individual subject to the tax	14190
levied by section 5747.02 of the Revised Code.	14191

(C) "Estate" means an estate subject to the tax levied by	14192
section 5747.02 of the Revised Code.	14193

(D) "Taxable year" means a taxable year as defined in	14194
division (M) of section 5747.01 of the Revised Code.	14195

(E) "Taxable income" means:

14196

(1) In the case of an individual, one of the following, as	14197
specified in the resolution imposing the tax:	14198

(a) Ohio adjusted gross income for the taxable year as	14199
defined in division (A) of section 5747.01 of the Revised Code,	14200
less the exemptions provided by section 5747.02 of the Revised	14201
Code, and less military pay and allowances the deduction of which	14202
has been authorized pursuant to section 5748.011 of the Revised	14203
Code;	14204

(b) Wages, salaries, tips, and other employee compensation to	14205
the extent included in Ohio adjusted gross income as defined in	14206
section 5747.01 of the Revised Code, less military pay and	14207
allowances the deduction of which has been authorized pursuant to	14208
section 5748.011 of the Revised Code, and net earnings from	14209
self-employment, as defined in section 1402(a) of the Internal	14210
Revenue Code, to the extent included in Ohio adjusted gross	14211
income.	14212

(2) In the case of an estate, taxable income for the taxable	14213
year as defined in division (S) of section 5747.01 of the Revised	14214
Code.	14215

(F) Except as provided in section 5747.25 of the Revised	14216
Code, "resident" of the school district means:	14217

(1) An individual who is a resident of this state as defined	14218
in division (I) of section 5747.01 of the Revised Code during all	14219
or a portion of the taxable year and who, during all or a portion	14220
of such period of state residency, is domiciled in the school	14221
district or lives in and maintains a permanent place of abode in	14222
the school district;	14223

(2) An estate of a decedent who, at the time of death, was	14224
domiciled in the school district.	14225

(G) "School district income" means:

14226

(1) With respect to an individual, the portion of the taxable	14227
income of an individual that is received by the individual during	14228
the portion of the taxable year that the individual is a resident	14229
of the school district and the school district income tax is in	14230
effect in that school district. An individual may have school	14231
district income with respect to more than one school district.	14232

(2) With respect to an estate, the taxable income of the	14233
estate for the portion of the taxable year that the school	14234
district income tax is in effect in that school district.	14235

(H) "Taxpayer" means an individual or estate having school	14236
district income upon which a school district income tax is	14237
imposed.	14238

(I) "School district purposes" means any of the purposes for	14239
which a tax may be levied pursuant to section 5705.21 of the	14240
Revised Code.	14241

Sec. 5748.021. A board of education that levies a tax under	14242
section 5748.02 of the Revised Code on the school district income	14243
of individuals and estates as defined in divisions (G) and	14244
(E)(1)(a) and (2) of section 5748.01 of the Revised Code may	14245
declare, at any time, by a resolution adopted by a majority of its	14246
members, the necessity of raising annually a specified amount of	14247
money for school district purposes by replacing the existing tax	14248
with a tax on the school district income of individuals as defined	14249
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	14250
Revised Code. The specified amount of money to be raised annually	14251
may be the same as, or more or less than, the amount of money	14252
raised annually by the existing tax.	14253

The board shall certify a copy of the resolution to the tax	14254
commissioner not later than the eighty-fifth day before the date	14255
of the election at which the board intends to propose the	14256
replacement to the electors of the school district. Not later than	14257
the tenth day after receiving the resolution, the tax commissioner	14258
shall estimate the tax rate that would be required in the school	14259
district annually to raise the amount of money specified in the	14260
resolution. The tax commissioner shall certify the estimate to the	14261
board.	14262

Upon receipt of the tax commissioner's estimate, the board	14263
may propose, by a resolution adopted by a majority of its members,	14264
to replace the existing tax on the school district income of	14265
individuals and estates as defined in divisions (G) and (E)(1)(a)	14266
and (2) of section 5748.01 of the Revised Code with the levy of an	14267
annual tax on the school district income of individuals as defined	14268
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	14269
Revised Code. In the resolution, the board shall specify the rate	14270
of the replacement tax, whether the replacement tax is to be	14271
levied for a specified number of years or for a continuing time,	14272
the specific school district purposes for which the replacement	14273
tax is to be levied, the date on which the replacement tax will	14274
begin to be levied, the date of the election at which the question	14275
of the replacement is to be submitted to the electors of the	14276
school district, that the existing tax will cease to be levied and	14277
the replacement tax will begin to be levied if the replacement is	14278
approved by a majority of the electors voting on the replacement,	14279
and that if the replacement is not approved by a majority of the	14280
electors voting on the replacement the existing tax will remain in	14281
effect under its original authority for the remainder of its	14282
previously approved term. The resolution goes into immediate	14283
effect upon its adoption. Publication of the resolution is not	14284
necessary, and the information that will be provided in the notice	14285
of election is sufficient notice. At least seventy-five days	14286
before the date of the election at which the question of the	14287
replacement will be submitted to the electors of the school	14288
district, the board shall certify a copy of the resolution to the	14289
board of elections.	14290

The replacement tax shall have the same specific school	14291
district purposes as the existing tax, and its rate shall be the	14292
same as the tax commissioner's estimate rounded to the nearest	14293
one-fourth of one per cent. The replacement tax shall begin to be	14294
levied on the first day of January of the year following the year	14295
in which the question of the replacement is submitted to and	14296
approved by the electors of the school district or on the first	14297
day of January of a later year, as specified in the resolution.	14298
The date of the election shall be the date of an otherwise	14299
scheduled primary, general, or special election.	14300

The board of elections shall make arrangements to submit the	14301
question of the replacement to the electors of the school district	14302
on the date specified in the resolution. The board of elections	14303
shall publish notice of the election on the question of the	14304
replacement in one or more newspapers of general circulation in	14305
the school district once a week for four consecutive weeks. The	14306
notice shall set forth the question to be submitted to the	14307
electors and the time and place of the election thereon.	14308

The question shall be submitted to the electors of the school	14309
district as a separate proposition, but may be printed on the same	14310
ballot with other propositions that are submitted at the same	14311
election, other than the election of officers. The form of the	14312
ballot shall be substantially as follows:	14313

"Shall the existing tax of ..... (state the rate) on the	14314
school district income of individuals and estates imposed by .....	14315
(state the name of the school district) be replaced by a tax of	14316
..... (state the rate) on the earned income of individuals	14317
residing in the school district for ..... (state the number of	14318
years the tax is to be in effect or that it will be in effect for	14319
a continuing time), beginning ..... (state the date the new tax	14320
will take effect), for the purpose of ..... (state the specific	14321
school district purposes of the tax)? If the new tax is not	14322
approved, the existing tax will remain in effect under its	14323
original authority, for the remainder of its previously approved	14324
term.	14325

		For replacing the existing tax with the new tax			14326
		Against replacing the existing tax with the new tax	"		14327

The board of elections shall conduct and canvass the election	14328
in the same manner as regular elections in the school district for	14329
the election of county officers. The board shall certify the	14330
results of the election to the board of education and to the tax	14331
commissioner. If a majority of the electors voting on the question	14332
vote in favor of the replacement, the existing tax shall cease to	14333
be levied, and the replacement tax shall begin to be levied, on	14334
the date specified in the ballot question. If a majority of the	14335
electors voting on the question vote against the replacement, the	14336
existing tax shall continue to be levied under its original	14337
authority, for the remainder of its previously approved term.	14338

A board of education may not submit the question of replacing	14339
a tax more than twice in a calendar year. If a board submits the	14340
question more than once, one of the elections at which the	14341
question is submitted shall be on the date of a general election.	14342

If a board of education later intends to renew a replacement	14343
tax levied under this section, it shall repeat the procedure	14344
outlined in this section to do so, the replacement tax then being	14345
levied being the "existing tax" and the renewed replacement tax	14346
being the "replacement tax."	14347

Sec. 5748.081.  A board of education of a school district	14348
that under divisions (A)(1), (D)(1), and (E) of section 5748.08 of	14349
the Revised Code levies a tax on the school district income of	14350
individuals and estates as defined in divisions (G) and (E)(1)(a)	14351
and (2) of section 5748.01 of the Revised Code may replace that	14352
tax with a tax on the school district income of individuals as	14353
defined in divisions (G)(1) and (E)(1)(b) of section 5748.01 of	14354
the Revised Code by following the procedure outlined in, and	14355
subject to the conditions specified in, section 5748.021 of the	14356
Revised Code, as if the existing tax levied under section 5748.08	14357
were levied under section 5748.02 of the Revised Code. The tax	14358
commissioner and the board of elections shall perform duties in	14359
response to the actions of the board of education under this	14360
section as directed in section 5748.021 of the Revised Code.	14361

Sec. 5751.01.  As used in this chapter:

14362

(A) "Person" means, but is not limited to, individuals,	14363
combinations of individuals of any form, receivers, assignees,	14364
trustees in bankruptcy, firms, companies, joint-stock companies,	14365
business trusts, estates, partnerships, limited liability	14366
partnerships, limited liability companies, associations, joint	14367
ventures, clubs, societies, for-profit corporations, S	14368
corporations, qualified subchapter S subsidiaries, qualified	14369
subchapter S trusts, trusts, entities that are disregarded for	14370
federal income tax purposes, and any other entities. "Person" does	14371
not include nonprofit organizations or the state, its agencies,	14372
its instrumentalities, and its political subdivisions.	14373

(B) "Consolidated elected taxpayer" means a group of two or	14374
more persons treated as a single taxpayer for purposes of this	14375
chapter as the result of an election made under section 5751.011	14376
of the Revised Code.	14377

(C) "Combined taxpayer" means a group of two or more persons	14378
treated as a single taxpayer for purposes of this chapter under	14379
section 5751.012 of the Revised Code.	14380

(D) "Taxpayer" means any person, or any group of persons in	14381
the case of a consolidated elected taxpayer or combined taxpayer	14382
treated as one taxpayer, required to register or pay tax under	14383
this chapter. "Taxpayer" does not include excluded persons.	14384

(E) "Excluded person" means any of the following:

14385

(1) Any person with not more than one hundred fifty thousand	14386
dollars of taxable gross receipts during the calendar year.	14387
Division (E)(1) of this section does not apply to a person that is	14388
a member of a group that is a consolidated elected taxpayer or a	14389
combined taxpayer;	14390

(2) A public utility that paid the excise tax imposed by	14391
section 5727.24 or 5727.30 of the Revised Code based on one or	14392
more measurement periods that include the entire tax period under	14393
this chapter, except that a public utility that is a combined	14394
company is a taxpayer with regard to the following gross receipts:	14395

(a) Taxable gross receipts directly attributed to a public	14396
utility activity, but not directly attributed to an activity that	14397
is subject to the excise tax imposed by section 5727.24 or 5727.30	14398
of the Revised Code;	14399

(b) Taxable gross receipts that cannot be directly attributed	14400
to any activity, multiplied by a fraction whose numerator is the	14401
taxable gross receipts described in division (E)(2)(a) of this	14402
section and whose denominator is the total taxable gross receipts	14403
that can be directly attributed to any activity;	14404

(c) Except for any differences resulting from the use of an	14405
accrual basis method of accounting for purposes of determining	14406
gross receipts under this chapter and the use of the cash basis	14407
method of accounting for purposes of determining gross receipts	14408
under section 5727.24 of the Revised Code, the gross receipts	14409
directly attributed to the activity of a natural gas company shall	14410
be determined in a manner consistent with division (D) of section	14411
5727.03 of the Revised Code.	14412

As used in division (E)(2) of this section, "combined	14413
company" and "public utility" have the same meanings as in section	14414
5727.01 of the Revised Code.	14415

(3) A financial institution, as defined in section 5725.01 of	14416
the Revised Code, that paid the corporation franchise tax charged	14417
by division (D) of section 5733.06 of the Revised Code based on	14418
one or more taxable years that include the entire tax period under	14419
this chapter;	14420

(4) A dealer in intangibles, as defined in section 5725.01 of	14421
the Revised Code, that paid the dealer in intangibles tax levied	14422
by division (D) of section 5707.03 of the Revised Code based on	14423
one or more measurement periods that include the entire tax period	14424
under this chapter;	14425

(5) A financial holding company as defined in the "Bank	14426
Holding Company Act," 12 U.S.C. 1841(p);	14427

(6) A bank holding company as defined in the "Bank Holding	14428
Company Act," 12 U.S.C. 1841(a);	14429

(7) A savings and loan holding company as defined in the	14430
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging	14431
only in activities or investments permissible for a financial	14432
holding company under 12 U.S.C. 1843(k);	14433

(8) A person directly or indirectly owned by one or more	14434
financial institutions, financial holding companies, bank holding	14435
companies, or savings and loan holding companies described in	14436
division (E)(3), (5), (6), or (7) of this section that is engaged	14437
in activities permissible for a financial holding company under 12	14438
U.S.C. 1843(k), except that any such person held pursuant to	14439
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12	14440
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person	14441
directly or indirectly owned by one or more insurance companies	14442
described in division (E)(9) of this section that is authorized to	14443
do the business of insurance in this state.	14444

For the purposes of division (E)(8) of this section, a person	14445
owns another person under the following circumstances:	14446

(a) In the case of corporations issuing capital stock, one	14447
corporation owns another corporation if it owns fifty per cent or	14448
more of the other corporation's capital stock with current voting	14449
rights;	14450

(b) In the case of a limited liability company, one person	14451
owns the company if that person's membership interest, as defined	14452
in section 1705.01 of the Revised Code, is fifty per cent or more	14453
of the combined membership interests of all persons owning such	14454
interests in the company;	14455

(c) In the case of a partnership, trust, or other	14456
unincorporated business organization other than a limited	14457
liability company, one person owns the organization if, under the	14458
articles of organization or other instrument governing the affairs	14459
of the organization, that person has a beneficial interest in the	14460
organization's profits, surpluses, losses, or distributions of	14461
fifty per cent or more of the combined beneficial interests of all	14462
persons having such an interest in the organization;	14463

(d) In the case of multiple ownership, the ownership	14464
interests of more than one person may be aggregated to meet the	14465
fifty per cent ownership tests in this division only when each	14466
such owner is described in division (E)(3), (5), (6), or (7) of	14467
this section and is engaged in activities permissible for a	14468
financial holding company under 12 U.S.C. 1843(k) or is a person	14469
directly or indirectly owned by one or more insurance companies	14470
described in division (E)(9) of this section that is authorized to	14471
do the business of insurance in this state;.	14472

(9) A domestic insurance company or foreign insurance	14473
company, as defined in section 5725.01 of the Revised Code, that	14474
paid the insurance company premiums tax imposed by section 5725.18	14475
or Chapter 5729. of the Revised Code based on one or more	14476
measurement periods that include the entire tax period under this	14477
chapter;	14478

(10) A person that solely facilitates or services one or more	14479
securitizations or similar transactions for any person described	14480
in division (E)(3), (5), (6), (7), (8), or (9) of this section.	14481
For purposes of this division, "securitization" means transferring	14482
one or more assets to one or more persons and then issuing	14483
securities backed by the right to receive payment from the asset	14484
or assets so transferred.	14485

(11) Except as otherwise provided in this division, a	14486
pre-income tax trust as defined in division (FF)(4) of section	14487
5747.01 of the Revised Code and any pass-through entity of which	14488
such pre-income tax trust owns or controls, directly, indirectly,	14489
or constructively through related interests, more than five per	14490
cent of the ownership or equity interests. If the pre-income tax	14491
trust has made a qualifying pre-income tax trust election under	14492
division (FF)(3) of section 5747.01 of the Revised Code, then the	14493
trust and the pass-through entities of which it owns or controls,	14494
directly, indirectly, or constructively through related interests,	14495
more than five per cent of the ownership or equity interests,	14496
shall not be excluded persons for purposes of the tax imposed	14497
under section 5751.02 of the Revised Code.	14498

(F) Except as otherwise provided in divisions (F)(2), (3),	14499
and (4) of this section, "gross receipts" means the total amount	14500
realized by a person, without deduction for the cost of goods sold	14501
or other expenses incurred, that contributes to the production of	14502
gross income of the person, including the fair market value of any	14503
property and any services received, and any debt transferred or	14504
forgiven as consideration.	14505

(1) The following are examples of gross receipts:

14506

(a) Amounts realized from the sale, exchange, or other	14507
disposition of the taxpayer's property to or with another;	14508

(b) Amounts realized from the taxpayer's performance of	14509
services for another;	14510

(c) Amounts realized from another's use or possession of the	14511
taxpayer's property or capital;	14512

(d) Any combination of the foregoing amounts.

14513

(2) "Gross receipts" excludes the following amounts:

14514

(a) Interest income except interest on credit sales;

14515

(b) Dividends and distributions from corporations, and	14516
distributive or proportionate shares of receipts and income from a	14517
pass-through entity as defined under section 5733.04 of the	14518
Revised Code;	14519

(c) Receipts from the sale, exchange, or other disposition of	14520
an asset described in section 1221 or 1231 of the Internal Revenue	14521
Code, without regard to the length of time the person held the	14522
asset;. Notwithstanding section 1221 of the Internal Revenue Code,	14523
receipts from hedging transactions also are excluded to the extent	14524
the transactions are entered into primarily to protect a financial	14525
position, such as managing the risk of exposure to (i) foreign	14526
currency fluctuations that affect assets, liabilities, profits,	14527
losses, equity, or investments in foreign operations; (ii)	14528
interest rate fluctuations; or (iii) commodity price fluctuations.	14529
As used in division (F)(2)(c) of this section, "hedging	14530
transaction" has the same meaning as used in section 1221 of the	14531
Internal Revenue Code and also includes transactions accorded	14532
hedge accounting treatment under statement of financial accounting	14533
standards number 133 of the financial accounting standards board.	14534
For the purposes of division (F)(2)(c) of this section, the actual	14535
transfer of title of real or tangible personal property to another	14536
entity is not a hedging transaction.	14537

(d) Proceeds received attributable to the repayment,	14538
maturity, or redemption of the principal of a loan, bond, mutual	14539
fund, certificate of deposit, or marketable instrument;	14540

(e) The principal amount received under a repurchase	14541
agreement or on account of any transaction properly characterized	14542
as a loan to the person;	14543

(f) Contributions received by a trust, plan, or other	14544
arrangement, any of which is described in section 501(a) of the	14545
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	14546
1, Subchapter (D) of the Internal Revenue Code applies;	14547

(g) Compensation, whether current or deferred, and whether in	14548
cash or in kind, received or to be received by an employee, former	14549
employee, or the employee's legal successor for services rendered	14550
to or for an employer, including reimbursements received by or for	14551
an individual for medical or education expenses, health insurance	14552
premiums, or employee expenses, or on account of a dependent care	14553
spending account, legal services plan, any cafeteria plan	14554
described in section 125 of the Internal Revenue Code, or any	14555
similar employee reimbursement;	14556

(h) Proceeds received from the issuance of the taxpayer's own	14557
stock, options, warrants, puts, or calls, or from the sale of the	14558
taxpayer's treasury stock;	14559

(i) Proceeds received on the account of payments from life	14560
insurance policies;	14561

(j) Gifts or charitable contributions received, membership	14562
dues received, and payments received for educational courses,	14563
meetings, meals, or similar payments to a trade, professional, or	14564
other similar association; fundraising receipts received by any	14565
person when any excess receipts are donated or used exclusively	14566
for charitable purposes; and proceeds received by a nonprofit	14567
organization including proceeds realized with regard to its	14568
unrelated business taxable income;	14569

(k) Damages received as the result of litigation in excess of	14570
amounts that, if received without litigation, would be gross	14571
receipts;	14572

(l) Property, money, and other amounts received or acquired	14573
by an agent on behalf of another in excess of the agent's	14574
commission, fee, or other remuneration;	14575

(m) Tax refunds, other tax benefit recoveries, and	14576
reimbursements for the tax imposed under this chapter made by	14577
entities that are part of the same combined taxpayer or	14578
consolidated elected taxpayer group, and reimbursements made by	14579
entities that are not members of a combined taxpayer or	14580
consolidated elected taxpayer group that are required to be made	14581
for economic parity among multiple owners of an entity whose tax	14582
obligation under this chapter is required to be reported and paid	14583
entirely by one owner, pursuant to the requirements of sections	14584
5751.011 and 5751.012 of the Revised Code;	14585

(n) Pension reversions;

14586

(o) Contributions to capital;

14587

(p) Sales or use taxes collected as a vendor or an	14588
out-of-state seller on behalf of the taxing jurisdiction from a	14589
consumer or other taxes the taxpayer is required by law to collect	14590
directly from a purchaser and remit to a local, state, or federal	14591
tax authority;	14592

(q) In the case of receipts from the sale of cigarettes or	14593
tobacco products by a wholesale dealer, retail dealer,	14594
distributor, manufacturer, or seller, all as defined in section	14595
5743.01 of the Revised Code, an amount equal to the federal and	14596
state excise taxes paid by any person on or for such cigarettes or	14597
tobacco products under subtitle E of the Internal Revenue Code or	14598
Chapter 5743. of the Revised Code;	14599

(r) In the case of receipts from the sale of motor fuel by a	14600
licensed motor fuel dealer, licensed retail dealer, or licensed	14601
permissive motor fuel dealer, all as defined in section 5735.01 of	14602
the Revised Code, an amount equal to federal and state excise	14603
taxes paid by any person on such motor fuel under section 4081 of	14604
the Internal Revenue Code or Chapter 5735. of the Revised Code;	14605

(s) In the case of receipts from the sale of beer or	14606
intoxicating liquor, as defined in section 4301.01 of the Revised	14607
Code, by a person holding a permit issued under Chapter 4301. or	14608
4303. of the Revised Code, an amount equal to federal and state	14609
excise taxes paid by any person on or for such beer or	14610
intoxicating liquor under subtitle E of the Internal Revenue Code	14611
or Chapter 4301. or 4305. of the Revised Code;	14612

(t) Receipts realized by a new motor vehicle dealer or used	14613
motor vehicle dealer, as defined in section 4517.01 of the Revised	14614
Code, from the sale or other transfer of a motor vehicle, as	14615
defined in that section, to another motor vehicle dealer for the	14616
purpose of resale by the transferee motor vehicle dealer, but only	14617
if the sale or other transfer was based upon the transferee's need	14618
to meet a specific customer's preference for a motor vehicle;	14619

(u) Receipts from a financial institution described in	14620
division (E)(3) of this section for services provided to the	14621
financial institution in connection with the issuance, processing,	14622
servicing, and management of loans or credit accounts, if such	14623
financial institution and the recipient of such receipts have at	14624
least fifty per cent of their ownership interests owned or	14625
controlled, directly or constructively through related interests,	14626
by common owners;	14627

(v) Receipts realized from administering anti-neoplastic	14628
drugs and other cancer chemotherapy, biologicals, therapeutic	14629
agents, and supportive drugs in a physician's office to patients	14630
with cancer;	14631

(w) Funds received or used by a mortgage broker that is not a	14632
dealer in intangibles, other than fees or other consideration,	14633
pursuant to a table-funding mortgage loan or warehouse-lending	14634
mortgage loan. Terms used in division (F)(2)(w) of this section	14635
have the same meanings as in section 1322.01 of the Revised Code,	14636
except "mortgage broker" means a person assisting a buyer in	14637
obtaining a mortgage loan for a fee or other consideration paid by	14638
the buyer or a lender, or a person engaged in table-funding or	14639
warehouse-lending mortgage loans that are first lien mortgage	14640
loans.	14641

(x) Property, money, and other amounts received by a	14642
professional employer organization, as defined in section 4125.01	14643
of the Revised Code, from a client employer, as defined in that	14644
section, in excess of the administrative fee charged by the	14645
professional employer organization to the client employer;	14646

(y) In the case of amounts retained as commissions by a	14647
permit holder under Chapter 3769. of the Revised Code, an amount	14648
equal to the amounts specified under that chapter that must be	14649
paid to or collected by the tax commissioner as a tax and the	14650
amounts specified under that chapter to be used as purse money;	14651

(z) Qualifying distribution center receipts.

14652

(i) For purposes of division (F)(2)(z) of this section:

14653

(I) "Qualifying distribution center receipts" means receipts	14654
of a supplier from qualified property that is delivered to a	14655
qualified distribution center, multiplied by a quantity that	14656
equals one minus the Ohio delivery percentage.	14657

(II) "Qualified property" means tangible personal property	14658
delivered to a qualified distribution center that is shipped to	14659
that qualified distribution center solely for further shipping by	14660
the qualified distribution center to another location in this	14661
state or elsewhere. "Further shipping" includes storing and	14662
repackaging such property into smaller or larger bundles, so long	14663
as such property is not subject to further manufacturing or	14664
processing.	14665

(III) "Qualified distribution center" means a warehouse or	14666
other similar facility in this state that, for the qualifying	14667
year, is operated by a person that is not part of a combined	14668
taxpayer group and that has a qualifying certificate. However, all	14669
warehouses or other similar facilities that are operated by	14670
persons in the same taxpayer group and that are located within one	14671
mile of each other shall be treated as one qualified distribution	14672
center.	14673

(IV) "Qualifying year" means the calendar year to which the	14674
qualifying certificate applies.	14675

(V) "Qualifying period" means the period of the first day of	14676
July of the second year preceding the qualifying year through the	14677
thirtieth day of June of the year preceding the qualifying year.	14678

(VI) "Qualifying certificate" means an annual application	14679
approved by the tax commissioner from an operator of a	14680
distribution center that has filed an application as prescribed by	14681
the commissioner and paid the annual fee for the qualifying	14682
certificate on or before the first day of September prior to the	14683
qualifying year or forty-five days after the opening of the	14684
distribution center, whichever is later. The application and	14685
annual fee shall be filed and paid for each qualified distribution	14686
center.	14687

The applicant must substantiate to the commissioner's	14688
satisfaction that, for the qualifying period, all persons	14689
operating the distribution center have more than fifty per cent of	14690
the cost of the qualified property shipped to a location such that	14691
it would be sitused outside this state under the provisions of	14692
division (E) of section 5751.033 of the Revised Code. The	14693
applicant must also substantiate that the distribution center	14694
cumulatively had costs from its suppliers equal to or exceeding	14695
five hundred million dollars during the qualifying period. (For	14696
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	14697
excludes any person that is part of the consolidated elected	14698
taxpayer group, if applicable, of the operator of the qualified	14699
distribution center.) The commissioner may require the applicant	14700
to have an independent certified public accountant certify that	14701
the calculation of the minimum thresholds required for a qualified	14702
distribution center by the operator of a distribution center has	14703
been made in accordance with generally accepted accounting	14704
principles. The commissioner shall issue or deny the issuance of a	14705
certificate within sixty days after the receipt of the	14706
application. A denial is subject to appeal under section 5717.02	14707
of the Revised Code. If the operator files a timely appeal under	14708
section 5717.02 of the Revised Code, the operator shall be granted	14709
a qualifying certificate, provided that the operator is liable for	14710
any tax, interest, or penalty upon amounts claimed as qualifying	14711
distribution center receipts, other than those receipts exempt	14712
under division (C)(1) of section 5751.011 of the Revised Code,	14713
that would have otherwise not been owed by its suppliers if the	14714
qualifying certificate was valid.	14715

(VII) "Ohio delivery percentage" means the proportion of the	14716
total property delivered to a destination inside Ohio from the	14717
qualified distribution center during the qualifying period	14718
compared with total deliveries from such distribution center	14719
everywhere during the qualifying period.	14720

(ii) If the distribution center is new and was not open for	14721
the entire qualifying period, the operator of the distribution	14722
center may request that the commissioner grant a qualifying	14723
certificate. If the certificate is granted and it is later	14724
determined that more than fifty per cent of the qualified property	14725
during that year was not shipped to a location such that it would	14726
be sitused outside of this state under the provisions of division	14727
(E) of section 5751.033 of the Revised Code or if it is later	14728
determined that the person that operates the distribution center	14729
had average monthly costs from its suppliers of less than forty	14730
million dollars during that year, then the operator of the	14731
distribution center shall be liable for any tax, interest, or	14732
penalty upon amounts claimed as qualifying distribution center	14733
receipts, other than those receipts exempt under division (C)(1)	14734
of section 5751.011 of the Revised Code, that would have not	14735
otherwise been owed by its suppliers during the qualifying year if	14736
the qualifying certificate was valid. (For purposes of division	14737
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	14738
is part of the consolidated elected taxpayer group, if applicable,	14739
of the operator of the qualified distribution center.)	14740

(iii) When filing an application for a qualifying certificate	14741
under division (F)(2)(z)(i)(VI) of this section, the operator of a	14742
qualified distribution center also shall provide documentation, as	14743
the commissioner requires, for the commissioner to ascertain the	14744
Ohio delivery percentage. The commissioner, upon issuing the	14745
qualifying certificate, also shall certify the Ohio delivery	14746
percentage. The operator of the qualified distribution center may	14747
appeal the commissioner's certification of the Ohio delivery	14748
percentage in the same manner as an appeal is taken from the	14749
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	14750
of this section.	14751

Within thirty days after all appeals have been exhausted, the	14752
operator of the qualified distribution center shall notify the	14753
affected suppliers of qualified property that such suppliers are	14754
required to file, within sixty days after receiving notice from	14755
the operator of the qualified distribution center, amended reports	14756
for the impacted calendar quarter or quarters or calendar year,	14757
whichever the case may be. Any additional tax liability or tax	14758
overpayment shall be subject to interest but shall not be subject	14759
to the imposition of any penalty so long as the amended returns	14760
are timely filed. The supplier of tangible personal property	14761
delivered to the qualified distribution center shall include in	14762
its report of taxable gross receipts the receipts from the total	14763
sales of property delivered to the qualified distribution center	14764
for the calendar quarter or calendar year, whichever the case may	14765
be, multiplied by the Ohio delivery percentage for the qualifying	14766
year. Nothing in division (F)(2)(z)(iii) of this section shall be	14767
construed as imposing liability on the operator of a qualified	14768
distribution center for the tax imposed by this chapter arising	14769
from any change to the Ohio delivery percentage.	14770

(iv) In the case where the distribution center is new and not	14771
open for the entire qualifying period, the operator shall make a	14772
good faith estimate of an Ohio delivery percentage for use by	14773
suppliers in their reports of taxable gross receipts for the	14774
remainder of the qualifying period. The operator of the facility	14775
shall disclose to the suppliers that such Ohio delivery percentage	14776
is an estimate and is subject to recalculation. By the due date of	14777
the next application for a qualifying certificate, the operator	14778
shall determine the actual Ohio delivery percentage for the	14779
estimated qualifying period and proceed as provided in division	14780
(F)(2)(z)(iii) of this section with respect to the calculation and	14781
recalculation of the Ohio delivery percentage. The supplier is	14782
required to file, within sixty days after receiving notice from	14783
the operator of the qualified distribution center, amended reports	14784
for the impacted calendar quarter or quarters or calendar year,	14785
whichever the case may be. Any additional tax liability or tax	14786
overpayment shall be subject to interest but shall not be subject	14787
to the imposition of any penalty so long as the amended returns	14788
are timely filed.	14789

(v) Qualifying certificates and Ohio delivery percentages	14790
issued by the commissioner shall be open to public inspection and	14791
shall be timely published by the commissioner. A supplier relying	14792
in good faith on a certificate issued under this division shall	14793
not be subject to tax on the qualifying distribution center	14794
receipts under division (F)(2)(z) of this section. A person	14795
receiving a qualifying certificate is responsible for paying the	14796
tax, interest, and penalty upon amounts claimed as qualifying	14797
distribution center receipts that would not otherwise have been	14798
owed by the supplier if the qualifying certificate were available	14799
when it is later determined that the qualifying certificate should	14800
not have been issued because the statutory requirements were in	14801
fact not met.	14802

(vi) The annual fee for a qualifying certificate shall be one	14803
hundred thousand dollars for each qualified distribution center.	14804
If a qualifying certificate is not issued, the annual fee is	14805
subject to refund after the exhaustion of all appeals provided for	14806
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	14807
under this division may be assessed in the same manner as the tax	14808
imposed under this chapter. The first one hundred thousand dollars	14809
of the annual application fees collected each calendar year shall	14810
be credited to the commercial activity tax administrative fund.	14811
The remainder of the annual application fees collected shall be	14812
distributed in the same manner required under section 5751.20 of	14813
the Revised Code.	14814

(vii) The tax commissioner may require that adequate security	14815
be posted by the operator of the distribution center on appeal	14816
when the commissioner disagrees that the applicant has met the	14817
minimum thresholds for a qualified distribution center as set	14818
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	14819
section.	14820

(aa) Any receipts for which the tax imposed by this chapter	14821
is prohibited by the constitutionConstitution or laws of the	14822
United States or the constitutionConstitution of this stateOhio.	14823

(3) In the case of a taxpayer when acting as a real estate	14824
broker, "gross receipts" includes only the portion of any fee for	14825
the service of a real estate broker, or service of a real estate	14826
salesperson associated with that broker, that is retained by the	14827
broker and not paid to an associated real estate salesperson or	14828
another real estate broker. For the purposes of this division,	14829
"real estate broker" and "real estate salesperson" have the same	14830
meanings as in section 4735.01 of the Revised Code.	14831

(4) A taxpayer's method of accounting for gross receipts for	14832
a tax period shall be the same as the taxpayer's method of	14833
accounting for federal income tax purposes for the taxpayer's	14834
federal taxable year that includes the tax period. If a taxpayer's	14835
method of accounting for federal income tax purposes changes, its	14836
method of accounting for gross receipts under this chapter shall	14837
be changed accordingly.	14838

In calculating gross receipts, the following shall be	14839
deducted to the extent included as a gross receipt in the current	14840
tax period or reported as taxable gross receipts in a prior tax	14841
period:	14842

(a) Cash discounts allowed and taken;

14843

(b) Returns and allowances;

14844

(c) Bad debts. For the purposes of this division, "bad debts"	14845
mean any debts that have become worthless or uncollectible between	14846
the preceding and current quarterly tax payment periods, have been	14847
uncollected for at least six months, and may be claimed as a	14848
deduction under section 166 of the Internal Revenue Code and the	14849
regulations adopted pursuant thereto, or that could be claimed as	14850
such if the taxpayer kept its accounts on the accrual basis. "Bad	14851
debts" does not include uncollectible amounts on property that	14852
remains in the possession of the taxpayer until the full purchase	14853
price is paid, expenses in attempting to collect any account	14854
receivable or for any portion of the debt recovered, and	14855
repossessed property;	14856

(d) Any amount realized from the sale of an account	14857
receivable but only to the extent the receipts from the underlying	14858
transaction giving rise to the account receivable were included in	14859
the gross receipts of the taxpayer.	14860

(G) "Taxable gross receipts" means gross receipts sitused to	14861
this state under section 5751.033 of the Revised Code.	14862

(H) A person has "substantial nexus with this state" if any	14863
of the following applies. The person:	14864

(1) Owns or uses a part or all of its capital in this state;

14865

(2) Holds a certificate of compliance with the laws of this	14866
state authorizing the person to do business in this state;	14867

(3) Has bright-line presence in this state;

14868

(4) Otherwise has nexus with this state to an extent that the	14869
person can be required to remit the tax imposed under this chapter	14870
under the constitutionConstitution of the United States.	14871

(I) A person has "bright-line presence" in this state for a	14872
reporting period and for the remaining portion of the calendar	14873
year if any of the following applies. The person:	14874

(1) Has at any time during the calendar year property in this	14875
state with an aggregate value of at least fifty thousand dollars.	14876
For the purpose of division (I)(1) of this section, owned property	14877
is valued at original cost and rented property is valued at eight	14878
times the net annual rental charge.	14879

(2) Has during the calendar year payroll in this state of at	14880
least fifty thousand dollars. Payroll in this state includes all	14881
of the following:	14882

(a) Any amount subject to withholding by the person under	14883
section 5747.06 of the Revised Code;	14884

(b) Any other amount the person pays as compensation to an	14885
individual under the supervision or control of the person for work	14886
done in this state; and	14887

(c) Any amount the person pays for services performed in this	14888
state on its behalf by another.	14889

(3) Has during the calendar year taxable gross receipts of at	14890
least five hundred thousand dollars.	14891

(4) Has at any time during the calendar year within this	14892
state at least twenty-five per cent of the person's total	14893
property, total payroll, or total gross receipts.	14894

(5) Is domiciled in this state as an individual or for	14895
corporate, commercial, or other business purposes.	14896

(J) "Tangible personal property" has the same meaning as in	14897
section 5739.01 of the Revised Code.	14898

(K) "Internal Revenue Code" means the Internal Revenue Code	14899
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	14900
this chapter that is not otherwise defined has the same meaning as	14901
when used in a comparable context in the laws of the United States	14902
relating to federal income taxes unless a different meaning is	14903
clearly required. Any reference in this chapter to the Internal	14904
Revenue Code includes other laws of the United States relating to	14905
federal income taxes.	14906

(L) "Calendar quarter" means a three-month period ending on	14907
the thirty-first day of March, the thirtieth day of June, the	14908
thirtieth day of September, or the thirty-first day of December.	14909

(M) "Tax period" means the calendar quarter or calendar year	14910
on the basis of which a taxpayer is required to pay the tax	14911
imposed under this chapter.	14912

(N) "Calendar year taxpayer" means a taxpayer for which the	14913
tax period is a calendar year.	14914

(O) "Calendar quarter taxpayer" means a taxpayer for which	14915
the tax period is a calendar quarter.	14916

(P) "Agent" means a person authorized by another person to	14917
act on its behalf to undertake a transaction for the other,	14918
including any of the following:	14919

(1) A person receiving a fee to sell financial instruments;

14920

(2) A person retaining only a commission from a transaction	14921
with the other proceeds from the transaction being remitted to	14922
another person;	14923

(3) A person issuing licenses and permits under section	14924
1533.13 of the Revised Code;	14925

(4) A lottery sales agent holding a valid license issued	14926
under section 3770.05 of the Revised Code;	14927

(5) A person acting as an agent of the division of liquor	14928
control under section 4301.17 of the Revised Code.	14929

(Q) "Received" includes amounts accrued under the accrual	14930
method of accounting.	14931

Sec. 5751.011.  (A) A group of two or more persons may elect	14932
to be a consolidated elected taxpayer for the purposes of this	14933
chapter if the group satisfies all of the following requirements:	14934

(1) The group elects to include all persons, including	14935
persons enumerated in divisions (E)(2) to (10) of section 5751.01	14936
of the Revised Code, having at least eighty per cent, or having at	14937
least fifty per cent, of the value of their ownership interests	14938
owned or controlled, directly or constructively through related	14939
interests, by common owners during all or any portion of the tax	14940
period, together with the common owners. At the election of the	14941
group, all entities that are not incorporated or formed under the	14942
laws of a state or of the United States and that meet the elected	14943
ownership test shall either be included in the group or all shall	14944
be excluded from the group. The group shall notify the tax	14945
commissioner of the foregoing elections before the due date of the	14946
return in which the election is to become effective. If fifty per	14947
cent of the value of a person's ownership interests is owned or	14948
controlled by each of two consolidated elected taxpayer groups	14949
formed under the fifty per cent ownership or control test, that	14950
person is a member of each group for the purposes of this section,	14951
and each group shall include in the group's taxable gross receipts	14952
fifty per cent of that person's taxable gross receipts. Otherwise,	14953
all of that person's taxable gross receipts shall be included in	14954
the taxable gross receipts of the consolidated elected taxpayer	14955
group of which the person is a member. In no event shall the	14956
ownership or control of fifty per cent of the value of a person's	14957
ownership interests by two otherwise unrelated groups form the	14958
basis for consolidating the groups into a single consolidated	14959
elected taxpayer group or permit any exclusion under division (C)	14960
of this section of taxable gross receipts between members of the	14961
two groups. Division (A)(3) of this section applies with respect	14962
to the elections described in this division.	14963

(2) The group makes the election to be treated as a	14964
consolidated elected taxpayer in the manner prescribed under	14965
division (D) of this section.	14966

(3) Subject to review and audit by the tax commissioner, the	14967
group agrees that all of the following apply:	14968

(a) The group shall file reports as a single taxpayer for at	14969
least the next eight calendar quarters following the election so	14970
long as at least two or more of the members of the group meet the	14971
requirements of division (A)(1) of this section.	14972

(b) Before the expiration of the eighth such calendar	14973
quarter, the group shall notify the commissioner if it elects to	14974
cancel its designation as a consolidated elected taxpayer. If the	14975
group does not so notify the tax commissioner, the election	14976
remains in effect for another eight calendar quarters.	14977

(c) If, at any time during any of those eight calendar	14978
quarters following the election, a former member of the group no	14979
longer meets the requirements under division (A)(1) of this	14980
section, that member shall report and pay the tax imposed under	14981
this chapter separately, as a member of a combined taxpayer, or,	14982
if the former member satisfies such requirements with respect to	14983
another consolidated elected group, as a member of that	14984
consolidated elected group.	14985

(d) The group agrees to the application of division (B) of	14986
this section.	14987

(B) A group of persons making the election under this section	14988
shall report and pay tax on all of the group's taxable gross	14989
receipts even if substantial nexus with this state does not exist	14990
for one or more persons in the group.	14991

(C)(1) A(a) Members of a consolidated elected taxpayer group	14992
shall exclude taxable gross receipts between its members and	14993
taxableamong persons included in the consolidated elected	14994
taxpayer group.	14995

(b) Subject to divisions (C)(1)(c) and (C)(2) of this	14996
section, nothing in this section shall have the effect of	14997
requiring a consolidated elected taxpayer group to include gross	14998
receipts received by a person enumerated in divisions (E)(2) to	14999
(10) of section 5751.01 of the Revised Code, except for taxable	15000
gross receipts received by a member described in division (E)(4)	15001
of section 5751.01 of the Revised Code that is not a qualifying	15002
dealer as defined in section 5725.24 of the Revised Code. Except	15003
as provided in division (C)(2) of this section, nothing in this	15004
section shall have the effect of excluding taxable gross receipts	15005
received from persons that are not members of the groupif that	15006
person is a member of the group pursuant to the elections made by	15007
the group under division (A)(1) of this section.	15008

(c)(i) As used in division (C)(1)(c) of this section, "dealer	15009
transfer" means a transfer of property that satisfies both of the	15010
following: (I) the property is directly transferred by any means	15011
from one member of the group to another member of the group that	15012
is a dealer in intangibles but is not a qualifying dealer as	15013
defined in section 5725.24 of the Revised Code; and (II) the	15014
property is subsequently delivered by the dealer in intangibles to	15015
a person that is not a member of the group.	15016

(ii) In the event of a dealer transfer, a consolidated	15017
elected taxpayer group shall not exclude, under division (C) of	15018
this section, gross receipts from the transfer described in	15019
division (C)(1)(c)(i)(I) of this section.	15020

(2) Gross receipts related to the sale or transmission of	15021
electricity through the use of an intermediary regional	15022
transmission organization approved by the federal energy	15023
regulatory commission shall be excluded from taxable gross	15024
receipts under division (C)(1) of this section if all other	15025
requirements of that division are met, even if the receipts are	15026
from and to the same member of the group.	15027

(D) To make the election to be a consolidated elected	15028
taxpayer, a group of persons shall notify the tax commissioner of	15029
the election in the manner prescribed by the commissioner and pay	15030
the commissioner a registration fee equal to the lesser of two	15031
hundred dollars or twenty dollars for each person in the group. No	15032
additional fee shall be imposed for the addition of new members to	15033
the group once the group has remitted a fee in the amount of two	15034
hundred dollars. The election shall be made and the fee paid	15035
before the later of the beginning of the first calendar quarter to	15036
which the election applies or November 15, 2005. The fee shall be	15037
collected and used in the same manner as provided in section	15038
5751.04 of the Revised Code.	15039

The election shall be made on a form prescribed by the tax	15040
commissioner for that purpose and shall be signed by one or more	15041
individuals with authority, separately or together, to make a	15042
binding election on behalf of all persons in the group.	15043

Any person acquired or formed after the filing of the	15044
registration shall be included in the group if the person meets	15045
the requirements of division (A)(1) of this section, and the group	15046
shall notify the tax commissioner of any additions to the group	15047
with the next tax return it files with the commissioner.	15048

(E) Each member of a consolidated elected taxpayer is jointly	15049
and severally liable for the tax imposed by this chapter and any	15050
penalties or interest thereon. The tax commissioner may require	15051
one person in the group to be the taxpayer for purposes of	15052
registration and remittance of the tax, but all members of the	15053
group are subject to assessment under section 5751.09 of the	15054
Revised Code.	15055

Sec. 5751.033.  For the purposes of this chapter, gross	15056
receipts shall be sitused to this state as follows:	15057

(A) Gross rents and royalties from real property located in	15058
this state shall be sitused to this state.	15059

(B) Gross rents and royalties from tangible personal property	15060
shall be sitused to this state to the extent the tangible personal	15061
property is located or used in this state.	15062

(C) Gross receipts from the sale of electricity and electric	15063
transmission and distribution services shall be sitused to this	15064
state in the manner provided under section 5733.059 of the Revised	15065
Code.	15066

(D) Gross receipts from the sale of real property located in	15067
this state shall be sitused to this state.	15068

(E) Gross receipts from the sale of tangible personal	15069
property shall be sitused to this state if the property is	15070
received in this state by the purchaser. In the case of delivery	15071
of tangible personal property by common carrier or by other means	15072
of transportation, the place at which such property is ultimately	15073
received after all transportation has been completed shall be	15074
considered the place where the purchaser receives the property.	15075
For purposes of this section, the phrase "delivery of tangible	15076
personal property by common carrier or by other means of	15077
transportation" includes the situation in which a purchaser	15078
accepts the property in this state and then transports the	15079
property directly or by other means to a location outside this	15080
state. Direct delivery in this state, other than for purposes of	15081
transportation, to a person or firm designated by a purchaser	15082
constitutes delivery to the purchaser in this state, and direct	15083
delivery outside this state to a person or firm designated by a	15084
purchaser does not constitute delivery to the purchaser in this	15085
state, regardless of where title passes or other conditions of	15086
sale.	15087

(F) Gross receipts from the sale, exchange, disposition, or	15088
other grant of the right to use trademarks, trade names, patents,	15089
copyrights, and similar intellectual property shall be sitused to	15090
this state to the extent that the receipts are based on the amount	15091
of use of the property in this state. If the receipts are not	15092
based on the amount of use of the property, but rather on the	15093
right to use the property, and the payor has the right to use the	15094
property in this state, then the receipts from the sale, exchange,	15095
disposition, or other grant of the right to use such property	15096
shall be sitused to this state to the extent the receipts are	15097
based on the right to use the property in this state.	15098

(G) Gross receipts from the sale of transportation services	15099
by a common or contract carrier shall be sitused to this state in	15100
proportion to the mileage traveled by the carrier during the tax	15101
period on roadways, waterways, airways, and railways in this state	15102
to the mileage traveled by the carrier during the tax period on	15103
roadways, waterways, airways, and railways everywhere. With prior	15104
written approval of the tax commissioner, a common or contract	15105
carrier may use an alternative situsing procedure for	15106
transportation services.	15107

(H) Gross receipts from dividends, interest, and other	15108
sources of income from financial instruments described in division	15109
divisions (F)(4), (5), (6), (7), (8), (9), (10), (11), and (13) of	15110
section 5733.056 of the Revised Code shall be sitused to this	15111
state in accordance with the situsing provisions set forth in	15112
those divisions. When applying the provisions of divisions (F)(6),	15113
(8), and (13) of section 5733.056 of the Revised Code, "gross	15114
receipts" shall be substituted for "net gains" wherever "net	15115
gains" appears in those divisions. Nothing in this division limits	15116
or modifies the exclusions enumerated in divisions (E) and (F)(2)	15117
of section 5751.01 of the Revised Code. The tax commissioner may	15118
promulgate rules to further specify the manner in which to situs	15119
gross receipts subject to this division.	15120

(I) Gross receipts from the sale of all other services, and	15121
all other gross receipts not otherwise sitused under this section,	15122
shall be sitused to this state in the proportion that the	15123
purchaser's benefit in this state with respect to what was	15124
purchased bears to the purchaser's benefit everywhere with respect	15125
to what was purchased. The physical location where the purchaser	15126
ultimately uses or receives the benefit of what was purchased	15127
shall be paramount in determining the proportion of the benefit in	15128
this state to the benefit everywhere. If a taxpayer's records do	15129
not allow the taxpayer to determine that location, the taxpayer	15130
may use an alternative method to situs gross receipts under this	15131
division if the alternative method is reasonable, is consistently	15132
and uniformly applied, and is supported by the taxpayer's records	15133
as the records exist when the service is provided or within a	15134
reasonable period of time thereafter.	15135

(J) If the situsing provisions of divisions (A) to (H) of	15136
this section do not fairly represent the extent of a person's	15137
activity in this state, the person may request, or the tax	15138
commissioner may require or permit, an alternative method. Such	15139
request by a person must be made within the applicable statute of	15140
limitations set forth in this chapter.	15141

(K) The tax commissioner may adopt rules to provide	15142
additional guidance to the application of this section, and	15143
provide alternative methods of situsing gross receipts that apply	15144
to all persons, or subset of persons, that are engaged in similar	15145
business or trade activities.	15146

Sec. 5910.03.  Scholarships shall be granted only to children	15147
of deceased or disabled veterans of the armed services of the	15148
United States. To be eligible for a scholarship, such child shall:	15149

(A) At the time of application, have attained the sixteenth,	15150
but not the twenty-firsttwenty-fifth, birthday;	15151

(B) At the time of application, if a child of a veteran who	15152
entered the armed services:	15153

(1) As a legal resident of Ohio, have resided in the state	15154
for the last preceding year;	15155

(2) Not as a legal resident of Ohio, have resided in the	15156
state for the year preceding the year in which application for the	15157
scholarship is made and any other four of the last ten years;	15158

(C) Be in financial need, as determined by the board.

15159

Sec. 5919.31. (A) If an active duty member of the Ohio	15160
national guard chooses to purchase life insurance pursuant to the	15161
"Servicemembers' Group Life Insurance Act," 79 Stat. 880 et seq.	15162
(1965), 38 U.S.C. 1965 et seq. and if the adjutant general	15163
determines that the member is ineligible for reimbursement of	15164
associated premiums under federal law, the adjutant general shall	15165
reimburse the member in an amount equal to the monthly premium	15166
paid for each month or part of a month by the member pursuant to	15167
the act while being an active duty member.	15168

(B) The adjutant general may request additional money from	15169
the controlling board if the adjutant general does not have	15170
sufficient available unencumbered funds to reimburse active duty	15171
members for life insurance premiums pursuant to this section.	15172

(C) The adjutant general may prescribe and enforce	15173
regulations to implement the requirements of this section. In	15174
prescribing and enforcing those regulations, the adjutant general	15175
need not comply with section 111.15 or Chapter 119. of the Revised	15176
Code.	15177

(D) As used in this section, "active duty member" means a	15178
member of the Ohio national guard on active duty pursuant to an	15179
executive order of the president of the United States, the "Act of	15180
October 28, 2004," 118 Stat. 1878, 32 U.S.C. 901 to 908, as	15181
amended, another act of the congress of the United States, or a	15182
proclamation of the governor, but does not include a member	15183
performing full-time Ohio national guard duty or performing	15184
special work active duty under the "Act of October 3, 1964," 78	15185
Stat. 999, 32 U.S.C. 502(f).	15186

Section 101.02. That existing sections 3.21, 3.23, 5.10,	15187
9.37, 101.34, 101.72, 101.83, 101.92, 107.40, 121.62, 122.17,	15188
122.171, 126.11, 131.02, 133.021, 133.07, 133.08, 133.20, 151.01,	15189
151.09, 151.10, 151.40, 152.09, 152.18, 152.19, 152.21, 152.24,	15190
152.26, 154.02, 154.20, 169.13, 176.05, 307.695, 333.02, 333.04,	15191
340.03, 340.09, 340.12, 715.70, 715.81, 1520.02, 1702.01, 1702.08,	15192
1702.11, 1702.17, 1702.19, 1702.20, 1702.22, 1702.27, 1702.38,	15193
1702.39, 1702.42, 1702.58, 2301.02, 2305.26, 2329.07, 2701.06,	15194
3317.013, 3317.022, 3317.029, 3317.0217, 3317.03, 3353.07,	15195
3353.11, 3383.01, 3383.07, 3706.01, 3770.05, 3770.073, 3905.36,	15196
3931.07, 4115.04, 4121.121, 4503.068, 4710.02, 4728.03, 4733.14,	15197
4763.03, 4763.05, 4763.06, 4919.76, 5107.12, 5111.88, 5115.06,	15198
5119.071, 5119.611, 5120.03, 5123.08, 5126.01, 5126.02, 5126.024,	15199
5126.029, 5126.0210, 5126.0211, 5126.0212, 5126.0213, 5126.0214,	15200
5126.0220, 5126.0221, 5126.0222, 5126.0223, 5126.0224, 5126.0225,	15201
5126.031, 5126.034, 5126.037, 5139.02, 5502.62, 5537.01, 5537.02,	15202
5537.03, 5537.10, 5537.17, 5537.24, 5537.26, 5537.27, 5537.28,	15203
5701.11, 5709.87, 5725.31, 5727.84, 5729.07, 5733.42, 5739.01,	15204
5739.09, 5741.101, 5747.39, 5748.01, 5751.01, 5751.011, 5751.033,	15205
5910.03, and 5919.31 of the Revised Code are hereby repealed.	15206

Section 101.03. That existing Section 206.09.84 of Am. Sub.	15207
H.B. 66 of the 126th General Assembly, as amended by Am. Sub. H.B.	15208
530 of the 126th General Asembly, is hereby repealed.	15209

Section 110.07. That the version of section 5502.62 of the	15210
Revised Code that is scheduled to take effect April 1, 2007, be	15211
amended to read as follows:	15212

Sec. 5502.62.  (A) There is hereby created in the department	15213
of public safety a division of criminal justice services. The	15214
director of public safety, with the concurrence of the governor,	15215
shall appoint an executive director of the division of criminal	15216
justice services. The executive director shall be the head of the	15217
division. The executive director shall serve at the pleasure of	15218
the director of public safety. To carry out the duties assigned	15219
under this section and to comply with sections 5502.63 to 5502.66	15220
of the Revised Code, the executive director, subject to the	15221
direction and control of the director of public safety, may	15222
appoint and maintain any necessary staff and may enter into any	15223
necessary contracts and other agreements. The executive director	15224
of the division, and all professional and technical personnel	15225
employed within the division who are not public employees as	15226
defined in section 4117.01 of the Revised Code, shall be in the	15227
unclassified civil service, and all other persons employed within	15228
the division shall be in the classified civil service.	15229

(B) Subject to division (F) of this section and subject to	15230
divisions (D) to (F) of section 5120.09 of the Revised Code	15231
insofar as those divisions relate to federal criminal justice acts	15232
that the governor requires the department of rehabilitation and	15233
correction to administer, the division of criminal justice	15234
services shall do all of the following:	15235

(1) Serve as the state criminal justice services agency and	15236
perform criminal justice system planning in the state, including	15237
any planning that is required by any federal law;	15238

(2) Collect, analyze, and correlate information and data	15239
concerning the criminal justice system in the state;	15240

(3) Cooperate with and provide technical assistance to state	15241
departments, administrative planning districts, metropolitan	15242
county criminal justice services agencies, criminal justice	15243
coordinating councils, agencies, offices, and departments of the	15244
criminal justice system in the state, and other appropriate	15245
organizations and persons;	15246

(4) Encourage and assist agencies, offices, and departments	15247
of the criminal justice system in the state and other appropriate	15248
organizations and persons to solve problems that relate to the	15249
duties of the division;	15250

(5) Administer within the state any federal criminal justice	15251
acts that the governor requires it to administer;	15252

(6) Administer funds received under the "Family Violence	15253
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	15254
10401, as amended, with all powers necessary for the adequate	15255
administration of those funds, including the authority to	15256
establish a family violence prevention and services program;	15257

(7) Implement the state comprehensive plans;

15258

(8) Audit grant activities of agencies, offices,	15259
organizations, and persons that are financed in whole or in part	15260
by funds granted through the division;	15261

(9) Monitor or evaluate the performance of criminal justice	15262
system projects and programs in the state that are financed in	15263
whole or in part by funds granted through the division;	15264

(10) Apply for, allocate, disburse, and account for grants	15265
that are made available pursuant to federal criminal justice acts,	15266
or made available from other federal, state, or private sources,	15267
to improve the criminal justice system in the state. Except as	15268
otherwise provided in this division, all money from such federal	15269
grants shall, if the terms under which the money is received	15270
require that the money be deposited into an interest-bearing fund	15271
or account, be deposited in the state treasury to the credit of	15272
the federal program purposes fund, which is hereby created. All	15273
investment earnings of the federal program purposes fund shall be	15274
credited to the fund. All money from such federal grants that	15275
require that the money be deposited into an interest-bearing fund	15276
or account, that are intended to provide funding to local criminal	15277
justice programs, and that require that investment earnings be	15278
distributed for program purposes shall be deposited in the state	15279
treasury to the credit of the federal justice programs fundfunds,	15280
which isare hereby created. A separate fund shall be established	15281
each federal fiscal year. All investment earnings of thea federal	15282
justice programs fund shall be credited to thethat fund and	15283
distributed in accordance with the terms of the grant under which	15284
the money is received.	15285

(11) Contract with federal, state, and local agencies,	15286
foundations, corporations, businesses, and persons when necessary	15287
to carry out the duties of the division;	15288

(12) Oversee the activities of metropolitan county criminal	15289
justice services agencies, administrative planning districts, and	15290
criminal justice coordinating councils in the state;	15291

(13) Advise the director of public safety, general assembly,	15292
and governor on legislation and other significant matters that	15293
pertain to the improvement and reform of criminal and juvenile	15294
justice systems in the state;	15295

(14) Prepare and recommend legislation to the director of	15296
public safety, general assembly, and governor for the improvement	15297
of the criminal and juvenile justice systems in the state;	15298

(15) Assist, advise, and make any reports that are requested	15299
or required by the governor, director of public safety, attorney	15300
general, or general assembly;	15301

(16) Develop and maintain the Ohio incident-based reporting	15302
system in accordance with division (C) of this section;	15303

(17) Subject to the approval of the director of public	15304
safety, adopt rules pursuant to Chapter 119. of the Revised Code;	15305

(18)(a) Not later than June 1, 2007, and subject to the	15306
approval of the director of public safety, adopt rules for the	15307
establishment and maintenance of a mcgruff house program by any	15308
sponsoring agency. The rules shall include the following:	15309

(i) The adoption of the mcgruff house symbol to be used	15310
exclusively in all mcgruff house programs in this state;	15311

(ii) The requirements for any sponsoring agency to establish	15312
and maintain a mcgruff house program;	15313

(iii) The criteria for the selection of volunteers to	15314
participate in a mcgruff house program that shall include, but not	15315
be limited to, criminal background checks of those volunteers;	15316

(iv) Any other matters that the division of criminal justice	15317
services considers necessary for the establishment and maintenance	15318
of mcgruff house programs by sponsoring agencies and the	15319
participation of volunteers in those programs.	15320

(b) The division of criminal justice services shall	15321
distribute materials and provide technical assistance to any	15322
sponsoring agency that establishes and maintains a mcgruff house	15323
program, any volunteer group or organization that provides	15324
assistance to that sponsoring agency, or any volunteer who	15325
participates in a mcgruff house program.	15326

(C) The division of criminal justice services shall develop	15327
and maintain the Ohio incident-based reporting system to	15328
facilitate the sharing of information with the federal bureau of	15329
investigation and participating law enforcement agencies in Ohio.	15330
The Ohio incident-based reporting system shall be known as OIBRS.	15331
In connection with OIBRS, the division shall do all of the	15332
following:	15333

(1) Collect and organize statistical data for reporting to	15334
the national incident-based reporting system operated by the	15335
federal bureau of investigation for the purpose of securing	15336
federal criminal justice grants;	15337

(2) Analyze and highlight mapping data for participating law	15338
enforcement agencies;	15339

(3) Distribute data and analyses to participating law	15340
enforcement agencies;	15341

(4) Encourage nonparticipating law enforcement agencies to	15342
participate in OIBRS by offering demonstrations, training, and	15343
technical assistance;	15344

(5) Provide assistance, advice, and reports requested by the	15345
governor, the general assembly, or the federal bureau of	15346
investigation;	15347

(6) Require every law enforcement agency that receives	15348
federal criminal justice grants or state criminal justice	15349
information system general revenue funds through the division to	15350
participate in OIBRS or in the uniform crime reporting program of	15351
the federal bureau of investigation. An agency that submits OIBRS	15352
data to the Ohio local law enforcement information sharing network	15353
shall be considered to be in compliance with division (C)(6) of	15354
this section if both of the following apply:	15355

(a) The Ohio local law enforcement information sharing	15356
network is capable of collecting OIBRS data.	15357

(b) The division of criminal justice services has the ability	15358
to extract the OIBRS data for reporting to the national	15359
incident-based reporting system in the manner required by the	15360
federal bureau of investigation.	15361

(D) Upon the request of the director of public safety or	15362
governor, the division of criminal justice services may do any of	15363
the following:	15364

(1) Collect, analyze, or correlate information and data	15365
concerning the juvenile justice system in the state;	15366

(2) Cooperate with and provide technical assistance to state	15367
departments, administrative planning districts, metropolitan	15368
county criminal justice service agencies, criminal justice	15369
coordinating councils, agency offices, and the departments of the	15370
juvenile justice system in the state and other appropriate	15371
organizations and persons;	15372

(3) Encourage and assist agencies, offices, and departments	15373
of the juvenile justice system in the state and other appropriate	15374
organizations and persons to solve problems that relate to the	15375
duties of the division.	15376

(E) Divisions (B), (C), and (D) of this section do not limit	15377
the discretion or authority of the attorney general with respect	15378
to crime victim assistance and criminal justice programs.	15379

(F) Nothing in this section is intended to diminish or alter	15380
the status of the office of the attorney general as a criminal	15381
justice services agency or to diminish or alter the status or	15382
discourage the development and use of other law enforcement	15383
information systems in Ohio.	15384

Section 110.08. That the existing version of section 5502.62	15385
of the Revised Code that is scheduled to take effect April 1,	15386
2007, is hereby repealed.	15387

Section 110.09. That Sections 110.07 and 110.08 of this act	15388
take effect April 1, 2007.	15389

Section 201.10. The items set forth in this section are	15390
hereby appropriated out of any moneys in the state treasury to the	15391
credit of the Wildlife Fund (Fund 015), that are not otherwise	15392
appropriated.	15393

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

15394

CAP-012		Land Acquisition - Statewide		$	3,000,000		15395
CAP-852		Wildlife Area Building Development/Renovations		$	1,000,000		15396
Total Department of Natural Resources				$	4,000,000		15397
TOTAL Wildlife Fund				$	4,000,000		15398

Section 203.10.  The items set forth in this section are	15400
hereby appropriated out of any moneys in the state treasury to the	15401
credit of the Public School Building Fund (Fund 021), that are not	15402
otherwise appropriated.	15403

Appropriations

SFC SCHOOL FACILITIES COMMISSION

15404

CAP-622		Public School Buildings		$	154,632,362		15405
CAP-786		New School Planning and Design		$	4,000,000		15406
Total School Facilities Commission				$	158,632,362		15407
TOTAL Public School Building Fund				$	158,632,362		15408

Section 203.20. PUBLIC SCHOOL BUILDING FUND

15410

The Controlling Board, when requested to do so by the	15411
Executive Director of the Ohio School Facilities Commission, may	15412
increase appropriations in the Public School Building Fund (Fund	15413
021), based on revenues received by the fund, including cash	15414
transfers and interest that may accrue to the fund.	15415

Section 203.40. NEW BLIND AND DEAF SCHOOL PLANNING AND DESIGN

15416

The foregoing appropriation item CAP-786, New School Planning	15417
and Design, shall be used for the planning and design of a new	15418
consolidated school, residential facility, transportation garage,	15419
and athletic facilities for the Ohio State School for the Blind	15420
and the Ohio School for the Deaf. Notwithstanding sections 123.01	15421
and 123.15 of the Revised Code and in addition to its powers and	15422
duties under Chapter 3318. of the Revised Code, the Ohio School	15423
Facilities Commission shall administer the planning and design of	15424
a new consolidated school, residential facility, transportation	15425
garage, and athletic facilities for the Ohio State School for the	15426
Blind and the Ohio School for the Deaf on the current campus of	15427
the Ohio School for the Deaf. The design and construction of the	15428
new consolidated school shall comply to the fullest extent	15429
possible with the specifications and policies set forth in the	15430
Ohio School Design Manual. This project shall not be considered a	15431
part of any program created under Chapter 3318. of the Revised	15432
Code. The Executive Director of the Ohio School Facilities	15433
Commission shall determine the planning, design, scope, and budget	15434
of the project in consultation with the superintendents of the	15435
Ohio State School for the Blind and the Ohio School for the Deaf	15436
and the Director of Budget and Management. Upon issuance by the	15437
Commission of a certificate of completion of the project, the	15438
Commission's participation in the project shall end.	15439

The Executive Director of the Ohio School Facilities	15440
Commission shall comply with the procedures and guidelines	15441
established in Chapter 153. of the Revised Code. Upon the release	15442
of funds for the project by the Controlling Board or the Director	15443
of Budget and Management, the commission may administer the	15444
project without the supervision, control, or approval of the	15445
Director of Administrative Services. Any references to the	15446
Director of Administrative Services in the Revised Code, with	15447
respect to the administration of this project, shall be construed	15448
to refer to the Director of the Ohio School Facilities Commission.	15449

Section 205.10.  The items set forth in this section are	15450
hereby appropriated out of any moneys in the state treasury to the	15451
credit of the Highway Safety Fund (Fund 036), that are not	15452
otherwise appropriated.	15453

Appropriations

DHS DEPARTMENT OF PUBLIC SAFETY

15454

CAP-083		Alum Creek Facility Roof Renovation		$	1,067,000		15455
CAP-084		OSHP Academy Maintenance		$	433,000		15456
Total Department of Public Safety				$	1,500,000		15457
TOTAL Highway Safety Fund				$	1,500,000		15458

Section 207.10. All items set forth in this section are	15460
hereby appropriated out of any moneys in the state treasury to the	15461
credit of the State Capital Improvements Revolving Loan Fund (Fund	15462
040). Revenues to the State Capital Improvements Revolving Loan	15463
Fund shall consist of all repayments of loans made to local	15464
subdivisions for capital improvements, investment earnings on	15465
moneys in the fund, and moneys obtained from federal or private	15466
grants or from other sources for the purpose of making loans for	15467
the purpose of financing or assisting in the financing of the cost	15468
of capital improvement projects of local subdivisions.	15469

Appropriations

PWC PUBLIC WORKS COMMISSION

15470

CAP-151		Revolving Loan		$	25,300,000		15471
Total Public Works Commission				$	25,300,000		15472
TOTAL State Capital Improvements Revolving Loan Fund				$	25,300,000		15473

The foregoing appropriation item CAP-151, Revolving Loan,	15474
shall be used in accordance with sections 164.01 to 164.12 of the	15475
Revised Code.	15476

If the Public Works Commission receives refunds due to	15477
project overpayments that are discovered during a post-project	15478
audit, the Director of the Public Works Commission may certify to	15479
the Director of Budget and Management that refunds have been	15480
received. In certifying the refunds, the Director of the Public	15481
Works Commission shall provide the Director of Budget and	15482
Management information on the project refunds. The certification	15483
shall detail by project the source and amount of project	15484
overpayments received and include any supporting documentation	15485
required or requested by the Director of Budget and Management.	15486
Upon receipt of the certification, the Director of Budget and	15487
Management shall determine if the project refunds are necessary to	15488
support existing appropriations. If the project refunds are	15489
available to support additional appropriations, these amounts are	15490
hereby appropriated to appropriation item CAP-151, Revolving Loan.	15491

Section 209.10.  All items set forth in this section are	15492
hereby appropriated out of any moneys in the state treasury to the	15493
credit of the Waterways Safety Fund (Fund 086), that are not	15494
otherwise appropriated.	15495

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

15496

CAP-324		Cooperative Funding for Boating Facilities		$	8,700,000		15497
CAP-934		Operations Facilities Development		$	3,440,000		15498
Total Department of Natural Resources				$	12,140,000		15499
TOTAL Waterways Safety Fund				$	12,140,000		15500

Section 211.10. All items set forth in this section are	15502
hereby appropriated out of any moneys in the state treasury to the	15503
credit of the Army National Guard Service Contract Fund (Fund	15504
342), that are not otherwise appropriated.	15505

Appropriations

ADJ ADJUTANT GENERAL

15506

CAP-065		Armory Construction-Federal		$	877,275		15507
Total Adjutant General				$	877,275		15508
TOTAL Army National Guard Service Contract Fund				$	877,275		15509

Section 213.10. All items set forth in this section are	15511
hereby appropriated out of any moneys in the state treasury to the	15512
credit of the Special Administrative Fund (Fund 4A9), that are not	15513
otherwise appropriated.	15514

Appropriations

JFS DEPARTMENT OF JOB AND FAMILY SERVICES

15515

CAP-702		Central Office Building Renovations		$	2,000,000		15516
Total Department of Job and Family Services				$	2,000,000		15517
TOTAL Special Administrative Fund				$	2,000,000		15518

Section 215.10. The items set forth in this section are	15520
hereby appropriated out of any moneys in the state treasury to the	15521
credit of the State Fire Marshal Fund (Fund 546), that are not	15522
otherwise appropriated.	15523

Appropriations

COM DEPARTMENT OF COMMERCE

15524

CAP-115		Emergency Generator Replacement		$	1,650,000		15525
CAP-116		IT Infrastructure		$	720,000		15526
CAP-117		Security Fence & Entrance Gate		$	50,000		15527
CAP-118		Driver Training/Road Improvement		$	1,070,000		15528
CAP-119		Master Plan for SFM Facilities		$	500,000		15529
CAP-120		Forensic Laboratory Equipment		$	130,000		15530
Total Department of Commerce				$	4,120,000		15531
TOTAL State Fire Marshal Fund				$	4,120,000		15532

Section 217.10.  The items set forth in this section are	15534
hereby appropriated out of any moneys in the state treasury to the	15535
credit of the Veterans' Home Improvement Fund (Fund 604), that are	15536
not otherwise appropriated.	15537

Appropriations

OVH OHIO VETERANS' HOME AGENCY

15538

CAP-786		General Building Renovations		$	2,700,000		15539
Total Ohio Veterans' Home Agency				$	2,700,000		15540
TOTAL Veterans' Home Improvement Fund				$	2,700,000		15541

Section 219.10. All items set forth in this section are	15543
hereby appropriated out of any moneys in the state treasury to the	15544
credit of the Job Ready Site Development Fund (Fund 012), that are	15545
not otherwise appropriated:	15546

Appropriations

DEV DEPARTMENT OF DEVELOPMENT

15547

CAP-003		Job Ready Sites		$	30,000,000		15548
Total Department of Development				$	30,000,000		15549
TOTAL Job Ready Site Development Fund				$	30,000,000		15550

Section 219.20. JOB READY SITE DEVELOPMENT

15552

The Ohio Public Facilities Commission, upon request of the	15553
Department of Development, is hereby authorized to issue and sell,	15554
in accordance with Section 2p of Article VIII, Ohio Constitution,	15555
and pursuant to sections 151.01 and 151.11 of the Revised Code,	15556
original obligations of the State of Ohio in an aggregate amount	15557
not to exceed $30,000,000 in addition to the original issuance of	15558
obligations heretofore authorized by prior acts of the General	15559
Assembly. These authorized obligations shall be issued and sold	15560
from time to time, subject to applicable constitutional and	15561
statutory limitations, as needed to ensure sufficient moneys to	15562
the credit of the Job Ready Site Development Fund (Fund 012) to	15563
pay costs of sites and facilities.	15564

Section 221.10.10.  All items set forth in Sections 221.10.20	15565
to 221.20.10 of this act are hereby appropriated out of any moneys	15566
in the state treasury to the credit of the Administrative Building	15567
Fund (Fund 026), that are not otherwise appropriated.	15568

Appropriations

Section 221.10.20. ADJ ADJUTANT GENERAL

15569

CAP-036		Roof Replacement - Various		$	530,000		15570
CAP-038		Electrical Systems - Various		$	560,000		15571
CAP-044		Replace Windows/Doors - Various		$	220,000		15572
CAP-045		Plumbing Renovations - Various		$	525,000		15573
CAP-046		Paving Renovations - Various		$	455,225		15574
CAP-050		HVAC Systems - Various		$	700,000		15575
CAP-056		Masonry Repairs/Renovations - Various		$	220,000		15576
CAP-071		Construct Delaware Armory		$	1,756,250		15577
CAP-072		Energy Conservation - Various		$	33,525		15578
CAP-063		Rickenbacker International Airport		$	2,775,000		15579
CAP-075		Mansfield Lahm Air National Guard Facility		$	1,000,000		15580
CAP-076		Camp Perry Improvements		$	1,200,000		15581
Total Adjutant General				$	9,975,000		15582

ARMORY CONSTRUCTION

15583

The foregoing appropriation item CAP-071, Construct Delaware	15584
Armory, shall be used to fund the state's share of the cost of	15585
building a basic armory in the Delaware area, including the cost	15586
of site acquisition, site preparation, and planning and design.	15587
Appropriations shall not be released for this item without a	15588
certification by the Adjutant General to the Director of Budget	15589
and Management that sufficient moneys have been allocated for the	15590
federal share of the cost of construction.	15591

Appropriations

Section 221.10.30. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

15592

CAP-773		Governor's Residence Renovations		$	912,000		15593
CAP-826		Surface Road Building Renovations		$	394,300		15594
CAP-834		Capital Improvements Project Management System		$	2,342,400		15595
CAP-835		Energy Conservation Projects		$	1,000,000		15596
CAP-838		SOCC Renovations		$	1,200,000		15597
CAP-850		Education Building Renovations		$	564,900		15598
CAP-852		North High Building Complex Renovations		$	14,001,400		15599
CAP-855		Office Space Planning		$	5,000,000		15600
CAP-856		Governor's Residence Security Upgrades		$	25,000		15601
CAP-865		DAS Building Security Upgrades		$	79,500		15602
CAP-869		JFS Facility Land Acquisition - Columbiana County		$	1,000,000		15603
Total Department of Administrative Services				$	26,519,500		15604

Appropriations

Section 221.10.40. AGR DEPARTMENT OF AGRICULTURE

15606

CAP-043		Building and Grounds Renovation		$	600,000		15607
CAP-051		Plant Industries Building #7 Replacement		$	10,485,631		15608
CAP-052		Grounds Security/Emergency Power		$	200,000		15609
Total Department of Agriculture				$	11,285,631		15610

Appropriations

Section 221.10.50. CSR CAPITOL SQUARE REVIEW AND ADVISORY	15612
BOARD	15613

CAP-024		Capitol Square Security		$	350,000		15614
CAP-025		CSRAB Visitors' Center		$	747,000		15615
Total Capitol Square Review and Advisory Board				$	1,097,000		15616

Appropriations

Section 221.10.60. EXP EXPOSITIONS COMMISSION

15618

CAP-056		Building Renovations and Repairs		$	4,696,000		15619
CAP-072		Emergency Repairs and Equipment Repair or Replacement		$	1,000,000		15620
CAP-074		Multi-Purpose Building		$	14,000,000		15621
Total Expositions Commission				$	19,696,000		15622

Appropriations

Section 221.10.70. DHS DEPARTMENT OF PUBLIC SAFETY

15624

CAP-085		American Red Cross Public Safety Facility		$	500,000		15625
CAP-086		Consolidated Communications Project of Strongsville		$	100,000		15626
CAP-087		Domestic Violence Center		$	100,000		15627
CAP-088		Family Services of Cincinnati		$	100,000		15628
Total Department of Public Safety				$	800,000		15629

Appropriations

Section 221.10.80. DNR DEPARTMENT OF NATURAL RESOURCES

15631

CAP-742		Fountain Square Building and Telephone System Improvements		$	1,000,000		15632
CAP-744		MARCS		$	2,000,000		15633
CAP-747		DNR Fairgrounds Areas - General Upgrading - Fairgrounds Site Improvements		$	700,000		15634
Total Department of Natural Resources				$	3,700,000		15635

Appropriations

Section 221.10.90. OSB SCHOOL FOR THE BLIND

15637

CAP-784		Renovations and Repairs		$	890,000		15638
CAP-785		Replacement of School Elevator		$	110,000		15639
Total School for the Blind				$	1,000,000		15640

Appropriations

Section 221.20.10. OSD SCHOOL FOR THE DEAF

15642

CAP-783		Renovations and Repairs		$	1,000,000		15643
Total School for the Deaf				$	1,000,000		15644
TOTAL Administrative Building Fund				$	75,073,131		15645

Section 221.20.20.  The Ohio Building Authority is hereby	15646
authorized to issue and sell, in accordance with Section 2i of	15647
Article VIII, Ohio Constitution, and Chapter 152. and other	15648
applicable sections of the Revised Code, original obligations in	15649
an aggregate principal amount not to exceed $67,000,000 in	15650
addition to the original issuance of obligations heretofore	15651
authorized by prior acts of the General Assembly. These authorized	15652
obligations shall be issued, subject to applicable constitutional	15653
and statutory limitations, to pay costs associated with previously	15654
authorized capital facilities and the capital facilities referred	15655
to in Sections 221.10.10 to 221.20.10 of this act.	15656

Section 223.10.  All items set forth in this section are	15657
hereby appropriated out of any moneys in the state treasury to the	15658
credit of the Adult Correctional Building Fund (Fund 027), that	15659
are not otherwise appropriated.	15660

Appropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION

15661

STATEWIDE AND CENTRAL OFFICE PROJECTS

15662

CAP-003		Community Based Correctional Facility		$	1,200,000		15663
CAP-017		Security Improvements - Statewide		$	6,127,037		15664
CAP-111		General Building Renovations		$	28,847,973		15665
Total Statewide and Central Office Projects				$	36,175,010		15666
TOTAL Department of Rehabilitation and Correction				$	36,175,010		15667
TOTAL ADULT CORRECTIONAL BUILDING FUND				$	36,175,010		15668

Section 223.20.  The Ohio Building Authority is hereby	15670
authorized to issue and sell, in accordance with Section 2i of	15671
Article VIII, Ohio Constitution, and Chapter 152. and section	15672
307.021 of the Revised Code, original obligations in an aggregate	15673
principal amount not to exceed $21,000,000 in addition to the	15674
original issuance of obligations heretofore authorized by prior	15675
acts of the General Assembly. These authorized obligations shall	15676
be issued, subject to applicable constitutional and statutory	15677
limitations, to pay costs associated with previously authorized	15678
capital facilities and the capital facilities referred to in	15679
Section 223.10 of this act for the Department of Rehabilitation	15680
and Correction.	15681

Section 225.10.  All items set forth in this section are	15682
hereby appropriated out of any moneys in the state treasury to the	15683
credit of the Juvenile Correctional Building Fund (Fund 028), that	15684
are not otherwise appropriated.	15685

Appropriations

DYS DEPARTMENT OF YOUTH SERVICES

15686

CAP-801		Fire Suppression/Safety/Security		$	2,369,806		15687
CAP-803		General Institutional Renovations		$	4,833,336		15688
CAP-812		CCF Renovations/Maintenance		$	1,322,304		15689
CAP-837		Sanitary Safety & Other Renovations - Indian River		$	4,850,000		15690
CAP-839		Classroom Renovations		$	1,988,875		15691
CAP-840		Mental Health Unit Construction		$	2,877,510		15692
Total Department of Youth Services				$	18,241,831		15693
TOTAL Juvenile Correctional Building Fund				$	18,241,831		15694

Section 225.20.  The Ohio Building Authority is hereby	15696
authorized to issue and sell, in accordance with Section 2i of	15697
Article VIII, Ohio Constitution, and Chapter 152. and other	15698
applicable sections of the Revised Code, original obligations in	15699
an aggregate principal amount not to exceed $18,000,000 in	15700
addition to the original issuance of obligations heretofore	15701
authorized by prior acts of the General Assembly. These authorized	15702
obligations shall be issued, subject to applicable constitutional	15703
and statutory limitations, to pay the costs associated with	15704
previously authorized capital facilities and the capital	15705
facilities referred to in Section 225.10 of this act for the	15706
Department of Youth Services.	15707

Section 227.10. All items set forth in this section are	15708
hereby appropriated out of any moneys in the state treasury to the	15709
credit of the Cultural and Sports Facilities Building Fund (Fund	15710
030), that are not otherwise appropriated.	15711

Appropriations

AFC CULTURAL FACILITIES COMMISSION

15712

CAP-734		Hayes Center Renov & Repairs		$	300,000		15713
CAP-745		Renovations and Repairs		$	850,000		15714
CAP-763		Historic Site Signage		$	250,000		15715
CAP-770		Serpent Mound Improvements		$	340,000		15716
CAP-781		Information Technology Project		$	364,000		15717
CAP-784		Center Rehabilitation		$	1,035,000		15718
CAP-803		Digitization of Collections		$	300,000		15719
CAP-809		Exhibit Replace/Orientation		$	415,000		15720
CAP-910		Collections Facility Planning		$	1,240,000		15721
CAP-911		W.P. Snyder Restoration		$	876,000		15722
CAP-912		Lockington Locks Restoration		$	172,000		15723

CAP-913		Huntington Park		$	7,000,000		15724
CAP-914		Schuster Center for the Performing Arts		$	5,500,000		15725
CAP-916		Cincinnati Symphony Orchestra - Riverbend		$	3,000,000		15726
CAP-917		Marina District Amphitheatre		$	2,900,000		15727
CAP-918		Cincinnati Museum Center		$	2,000,000		15728
CAP-919		National Underground Railroad Freedom Center		$	2,000,000		15729
CAP-920		Cincinnati Sports Facility Improvements		$	2,000,000		15730
CAP-921		Pro Football Hall of Fame		$	1,650,000		15731
CAP-922		Heritage Center of Dayton Manufacturing & Entrepreneurship		$	1,300,000		15732
CAP-923		Western Reserve Historical Society		$	1,000,000		15733
CAP-925		COSI Columbus		$	1,000,000		15734
CAP-926		Columbus Museum of Art		$	1,000,000		15735
CAP-927		Mason ATP Tennis Center		$	1,300,000		15736
CAP-928		Stan Hywet Hall and Gardens		$	1,175,000		15737
CAP-929		Akron Art Museum		$	1,000,000		15738
CAP-930		Sauder Village		$	830,000		15739
CAP-931		Horvitz Center for the Arts		$	750,000		15740
CAP-932		Ensemble Theatre		$	750,000		15741
CAP-933		Voice of America Museum		$	750,000		15742
CAP-934		Cleveland Steamship Mather		$	600,000		15743
CAP-935		Cuyahoga County Soldiers' and Sailors Monument		$	500,000		15744
CAP-936		King-Lincoln Arts & Entertainment District		$	500,000		15745
CAP-937		Art Academy of Cincinnati		$	500,000		15746
CAP-938		Great Lakes Historical Society		$	500,000		15747
CAP-939		McKinley Museum		$	425,000		15748
CAP-940		Charles A. Eulett Education Center and Appalachian Museum		$	300,000		15749
CAP-942		Davis Shai Historical Facility		$	300,000		15750
CAP-943		Massillon Museum		$	275,000		15751
CAP-944		The Mandel Center		$	250,000		15752
CAP-945		Worthington Arts Center		$	250,000		15753
CAP-946		CCAD		$	250,000		15754
CAP-947		BalletMet		$	250,000		15755
CAP-948		Stambaugh Hall Improvements		$	250,000		15756
CAP-949		Youngstown Symphony Orchestra		$	250,000		15757
CAP-950		Wood County Historical Center & Museum		$	220,000		15758
CAP-951		Harding Memorial		$	210,000		15759
CAP-952		Cincinnati Ballet		$	200,000		15760
CAP-953		City of Avon Stadium Complex		$	200,000		15761
CAP-954		Renaissance Performing Arts Center		$	200,000		15762
CAP-956		Oxford Arts Center Historic Renovation		$	174,000		15763
CAP-957		Wayne County Historical Society - Lincoln Highway		$	170,000		15764
CAP-958		Maumee Valley Historical Society		$	150,000		15765
CAP-959		Trumbull County Historical Society		$	150,000		15766
CAP-960		First Lunar Flight Project		$	25,000		15767
CAP-961		Holmes County Historical Society Improvements		$	140,000		15768
CAP-962		Canal Winchester Historical Society		$	125,000		15769
CAP-963		Ukrainian Museum		$	100,000		15770
CAP-964		Gordon Square Arts District		$	100,000		15771
CAP-965		Moreland Theatre Renovation		$	100,000		15772
CAP-966		Karamu House		$	100,000		15773
CAP-967		Symmes Township Historical Society - Ross House		$	100,000		15774
CAP-968		Springfield Veterans Park Amphitheatre		$	100,000		15775
CAP-969		Gallia County Historical Genealogical Society		$	100,000		15776
CAP-970		Gallia County French Art Colony		$	100,000		15777
CAP-971		The Octagon House		$	100,000		15778
CAP-972		Vinton County Stages - Pavilion Project		$	100,000		15779
CAP-973		County Line Historical Society (Wayne/Holmes)		$	100,000		15780
CAP-974		Paul Brown Museum		$	75,000		15781
CAP-975		The Works - Ohio Center for History, Art and Technology		$	75,000		15782
CAP-976		Van Wert Historical Society		$	70,000		15783
CAP-977		Indian Mill Renovations		$	66,000		15784
CAP-978		Hale Farm & Village		$	50,000		15785
CAP-979		Howe House Historic Site		$	50,000		15786
CAP-980		Beavercreek Community Theatre		$	50,000		15787
CAP-981		Jamestown Opera House		$	50,000		15788
CAP-982		Johnny Appleseed Museum		$	50,000		15789
CAP-983		Vinton County Historical Society - Alice's House Project		$	50,000		15790
CAP-984		Woodward Opera House		$	50,000		15791
CAP-985		Little Brown Jug Facility Improvements		$	50,000		15792
CAP-986		Applecreek Historical Society		$	50,000		15793
CAP-987		Wyandot Historic Building Renovation		$	50,000		15794
CAP-988		Galion Historic Big Four Depot Restoration		$	30,000		15795
CAP-989		Bucyrus Historic Depot Renovations		$	30,000		15796
CAP-990		Myers Historical Stagecoach Inn Renovation		$	25,000		15797
CAP-991		Arts West Performing Arts Center		$	25,000		15798
CAP-992		Chester Academy Historic Building		$	25,000		15799
CAP-993		Portland Civil War Museum and Historic Displays		$	25,000		15800
CAP-994		Morgan County Historic Opera House		$	25,000		15801
CAP-996		Crawford Antique Museum		$	9,000		15802
CAP-997		Monroe City Historical Society Building Repairs		$	5,000		15803
CAP-998		Wright-Dunbar Historical		$	250,000		15804
CAP-041		Cleveland Playhouse		$	200,000		15805
CAP-081		Hip Klotz Memorial Facility Improvements		$	150,000		15806
CAP-082		Music Hall Garage		$	1,000,000		15807
CAP-083		AB Graham Center		$	40,000		15808
CAP-084		Bradford Ohio Railroad Museum Restoration		$	30,000		15809
CAP-085		WACO Aircraft Museum		$	30,000		15810
CAP-086		Fort Recovery Renovations		$	100,000		15811
CAP-087		Columbus Children's Hospital Amphitheater		$	1,000,000		15812
Total Cultural Facilities Commission				$	55,296,000		15813
TOTAL Cultural and Sports Facilities Building Fund				$	55,296,000		15814

Section 227.30.  The Treasurer of State is hereby authorized	15816
to issue and sell, in accordance with Section 2i of Article VIII,	15817
Ohio Constitution, and Chapter 154. and other applicable sections	15818
of the Revised Code, original obligations in an aggregate	15819
principal amount not to exceed $55,000,000 in addition to the	15820
original issuance of obligations heretofore authorized by prior	15821
acts of the General Assembly. These authorized obligations shall	15822
be issued, subject to applicable constitutional and statutory	15823
limitations, to pay costs of capital facilities as defined in	15824
section 154.01 of the Revised Code, including construction as	15825
defined in division (H) of section 3383.01 of the Revised Code, of	15826
the Ohio cultural facilities designated in Section 227.10 of this	15827
act.	15828

Section 229.10. All items set forth in this section are	15829
hereby appropriated out of any moneys in the state treasury to the	15830
credit of the Ohio Parks and Natural Resources Fund (Fund 031),	15831
that are not otherwise appropriated.	15832

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

15833

STATEWIDE AND LOCAL PROJECTS

15834

CAP-012		Land Acquisition - Department		$	4,325,000		15835
CAP-702		Underground Fuel Storage/Tank Removal/Replacement - Department		$	500,000		15836
CAP-748		NatureWorks Local Park Grants		$	2,846,480		15837
CAP-881		Dam Rehabilitation - Department		$	3,060,920		15838
CAP-923		Sheldon Marsh Remediation Match		$	1,000,000		15839
CAP-928		Handicapped Accessibility - Department		$	500,000		15840
CAP-929		Hazardous Waste/Asbestos Abatement - Department		$	500,000		15841
CAP-930		The WILDS		$	1,175,000		15842
CAP-931		Wastewater/Water Systems Upgrades - Department		$	2,500,000		15843
CAP-984		Belpre Swimming Pool		$	75,000		15844
Total Statewide and Local Projects				$	16,482,400		15845
Total Department of Natural Resources				$	16,482,400		15846
TOTAL Ohio Parks and Natural Resources Fund				$	16,482,400		15847

Section 229.20.  The Ohio Public Facilities Commission, upon	15849
the request of the Director of Natural Resources, is hereby	15850
authorized to issue and sell, in accordance with Section 2l of	15851
Article VIII, Ohio Constitution, and Chapter 151. and particularly	15852
sections 151.01 and 151.05 of the Revised Code, original	15853
obligations in an aggregate principal amount not to exceed	15854
$16,000,000 in addition to the original issuance of obligations	15855
heretofore authorized by prior acts of the General Assembly. These	15856
authorized obligations shall be issued, subject to applicable	15857
constitutional and statutory limitations, as needed to provide	15858
sufficient moneys to the credit of the Ohio Parks and Natural	15859
Resources Fund (Fund 031) to pay costs of capital facilities as	15860
defined in sections 151.01 and 151.05 of the Revised Code.	15861

Section 231.10. All items set forth in this section are	15862
hereby appropriated out of any moneys in the state treasury to the	15863
credit of the School Building Program Assistance Fund (Fund 032),	15864
that are not otherwise appropriated.	15865

Appropriations

SFC SCHOOL FACILITIES COMMISSION

15866

CAP-770		School Building Program Assistance		$	540,000,000		15867
Total School Facilities Commission				$	540,000,000		15868
TOTAL School Building Program Assistance Fund				$	540,000,000		15869

SCHOOL BUILDING PROGRAM ASSISTANCE

15870

The foregoing appropriation item CAP-770, School Building	15871
Program Assistance, shall be used by the School Facilities	15872
Commission to provide funding to school districts that receive	15873
conditional approval from the Commission pursuant to Chapter 3318.	15874
of the Revised Code.	15875

Section 231.20.  The Ohio Public Facilities Commission is	15876
hereby authorized to issue and sell, in accordance with Section 2n	15877
of Article VIII, Ohio Constitution, and Chapter 151. and	15878
particularly sections 151.01 and 151.03 of the Revised Code,	15879
original obligations in an aggregate principal amount not to	15880
exceed $530,000,000, in addition to the original issuance of	15881
obligations heretofore authorized by prior acts of the General	15882
Assembly. These authorized obligations shall be issued, subject to	15883
applicable constitutional and statutory limitations, to pay the	15884
costs to the state of constructing classroom facilities pursuant	15885
to sections 3318.01 to 3318.33 of the Revised Code.	15886

Section 233.10.10.  All items set forth in Sections 233.10.20	15887
to 233.10.50 are hereby appropriated out of any moneys in the	15888
state treasury to the credit of the Mental Health Facilities	15889
Improvement Fund (Fund 033), that are not otherwise appropriated.	15890

Appropriations

Section 233.10.20. ADA ALCOHOL AND DRUG ADDICTION SERVICES

15891

CAP-004		New Directions Residential Treatment		$	250,000		15892
CAP-005		Maryhaven Facility Improvements		$	200,000		15893
Total Alcohol and Drug Addiction Services				$	450,000		15894

Appropriations

Section 233.10.30. DMH DEPARTMENT OF MENTAL HEALTH

15896

CAP-092		Hazardous Material Abatement		$	500,000		15897
CAP-479		Community Assistance Projects		$	5,550,000		15898
CAP-885		Bellefaire Jewish Children's Bureau		$	750,000		15899
CAP-946		Demolition		$	500,000		15900
CAP-978		Infrastructure Improvements		$	11,980,000		15901
CAP-986		Campus Consolidation		$	4,000,000		15902
Total Department of Mental Health				$	23,280,000		15903

COMMUNITY ASSISTANCE PROJECTS

15904

Of the foregoing appropriation item CAP-479, Community	15905
Assistance Projects, $500,000 shall be used for the Mayerson	15906
Center, $350,000 shall be used for Chabad House, $250,000 shall be	15907
used for Sylvania Family Services, $200,000 shall be used for	15908
Talbert House, and $250,000 shall be used for the Berea Children's	15909
Home.	15910

Appropriations

Section 233.10.40. DMR DEPARTMENT OF MENTAL RETARDATION AND	15911
DEVELOPMENTAL DISABILITIES	15912

STATEWIDE AND CENTRAL OFFICE PROJECTS

15913

CAP-480		Community Assistance Projects		$	12,000,000		15914
CAP-887		North Olmsted Welcome House		$	100,000		15915
CAP-889		Kamp Dovetail Project at Rocky Fork Lake State Park		$	100,000		15916
CAP-912		Telecommunications		$	765,000		15917
CAP-941		Emergency Generator Replacement		$	1,000,000		15918
CAP-955		Statewide Development Centers		$	6,212,373		15919
CAP-981		Emergency Improvements		$	500,000		15920
Total Statewide and Central Office Projects				$	20,677,373		15921
TOTAL Department of Mental Retardation and Developmental Disabilities				$	20,677,373		15922
TOTAL MENTAL HEALTH FACILITIES IMPROVEMENT FUND				$	44,407,373		15923

COMMUNITY ASSISTANCE PROJECTS

15924

The foregoing appropriation item CAP-480, Community	15925
Assistance Projects, may be used to provide community assistance	15926
funds for the development, purchase, construction, or renovation	15927
of facilities for day programs or residential programs that	15928
provide services to persons eligible for services from the	15929
Department of Mental Retardation and Developmental Disabilities or	15930
county boards of mental retardation and developmental	15931
disabilities. Any funds provided to nonprofit agencies for the	15932
construction or renovation of facilities for persons eligible for	15933
services from the Department of Mental Retardation and	15934
Developmental Disabilities and county boards of mental retardation	15935
and developmental disabilities shall be governed by the prevailing	15936
wage provisions in section 176.05 of the Revised Code.	15937

Section 233.10.50. The foregoing appropriations for the	15938
Department of Mental Health, CAP-479, Community Assistance	15939
Projects, and the Department of Mental Retardation and	15940
Developmental Disabilities, CAP-480, Community Assistance	15941
Projects, may be used on facilities constructed or to be	15942
constructed pursuant to Chapter 340., 3793., 5119., 5123., or	15943
5126. of the Revised Code or the authority granted by section	15944
154.20 of the Revised Code and the rules issued pursuant to those	15945
chapters and shall be distributed by the Department of Mental	15946
Health and the Department of Mental Retardation and Developmental	15947
Disabilities, all subject to Controlling Board approval.	15948

Section 233.10.60.  (A) No capital improvement appropriations	15949
made in Sections 233.10.10 to 233.10.50 of this act shall be	15950
released for planning or for improvement, renovation, or	15951
construction or acquisition of capital facilities if a	15952
governmental agency, as defined in section 154.01 of the Revised	15953
Code, does not own the real property that constitutes the capital	15954
facilities or on which the capital facilities are or will be	15955
located. This restriction does not apply in any of the following	15956
circumstances:	15957

(1) The governmental agency has a long-term (at least fifteen	15958
years) lease of, or other interest (such as an easement) in, the	15959
real property.	15960

(2) In the case of an appropriation for capital facilities	15961
that, because of their unique nature or location, will be owned or	15962
be part of facilities owned by a separate nonprofit organization	15963
and made available to the governmental agency for its use or	15964
operated by the nonprofit organization under contract with the	15965
governmental agency, the nonprofit organization either owns or has	15966
a long-term (at least fifteen years) lease of the real property or	15967
other capital facility to be improved, renovated, constructed, or	15968
acquired and has entered into a joint or cooperative use	15969
agreement, approved by the Department of Mental Health or the	15970
Department of Mental Retardation and Developmental Disabilities,	15971
whichever is applicable, with the governmental agency for that	15972
agency's use of and right to use the capital facilities to be	15973
financed and, if applicable, improved, the value of such use or	15974
right to use being, as determined by the parties, reasonably	15975
related to the amount of the appropriation.	15976

(B) In the case of capital facilities referred to in division	15977
(A)(2) of this section, the joint or cooperative use agreement	15978
shall include, as a minimum, provisions that:	15979

(1) Specify the extent and nature of that joint or	15980
cooperative use, extending for not fewer than fifteen years, with	15981
the value of such use or right to use to be, as determined by the	15982
parties and approved by the approving department, reasonably	15983
related to the amount of the appropriation;	15984

(2) Provide for pro rata reimbursement to the state should	15985
the arrangement for joint or cooperative use by a governmental	15986
agency be terminated;	15987

(3) Provide that procedures to be followed during the capital	15988
improvement process will comply with appropriate applicable state	15989
laws and rules, including the provisions of this act.	15990

Section 233.10.70.  The Treasurer of State is hereby	15991
authorized to issue and sell in accordance with Section 2i of	15992
Article VIII, Ohio Constitution, and Chapter 154. of the Revised	15993
Code, particularly section 154.20 of the Revised Code, original	15994
obligations in an aggregate principal amount not to exceed	15995
$49,000,000 in addition to the original issuance of obligations	15996
heretofore authorized by prior acts of the General Assembly. These	15997
authorized obligations shall be issued, subject to applicable	15998
constitutional and statutory limitations, to pay costs of capital	15999
facilities as defined in section 154.01 of the Revised Code for	16000
mental hygiene and retardation.	16001

Section 235.10.10.  All items set forth in Sections 235.10.20	16002
to 235.50.80 are hereby appropriated out of any moneys in the	16003
state treasury to the credit of the Higher Education Improvement	16004
Fund (Fund 034), that are not otherwise appropriated.	16005

Appropriations

Section 235.10.20. ETC ETECH OHIO

16006

CAP-001		Educational TV and Radio Equipment		$	1,000,000		16007
CAP-003		ETC Ohio Government Telecomm		$	310,000		16008
Total eTech Ohio				$	1,310,000		16009

Appropriations

Section 235.10.30. BOARD OF REGENTS AND STATE INSTITUTIONS OF	16011
HIGHER EDUCATION	16012

BOR BOARD OF REGENTS

16013

CAP-025		Instructional and Data Processing Equipment		$	23,783,697		16014
CAP-029		Ohio Library and Information Network		$	5,410,000		16015
CAP-030		Ohio Supercomputer Center Expansion		$	7,480,000		16016
CAP-031		Ohio Aerospace Institute		$	200,000		16017
CAP-032		Research Facility Action and Investment Funds		$	5,500,000		16018
CAP-060		Technology Initiatives		$	2,000,000		16019
CAP-062		Non-credit Job Training Facilities		$	2,350,000		16020
CAP-068		Third Frontier Wright Capital		$	50,000,000		16021
CAP-070		Dark Fiber/OARnet		$	4,950,000		16022
CAP-082		Supplemental Renovations - Library Depositories		$	2,000,000		16023
CAP-083		Central State Emergency Capital Needs		$	1,000,000		16024
CAP-084		University Hospitals Ireland Cancer Center		$	5,000,000		16025
CAP-085		315 Research and Technology Corridor		$	1,700,000		16026
CAP-087		Youngstown Technology Center		$	2,750,000		16027
CAP-088		Cleveland Clinic-Glickman Tower		$	1,000,000		16028
CAP-089		MetroHealth Senior Health and Wellness Center		$	1,000,000		16029
CAP-091		CWRU Mt. Sinai Skills and Simulation Center		$	500,000		16030
CAP-092		Shawnee State Motion Capture Studio Project		$	281,300		16031
CAP-093		Central Ohio Research Data Network-New Albany		$	250,000		16032
CAP-094		Clintonville Fiber Project		$	100,000		16033
Total Board of Regents				$	117,254,997		16034

Section 235.10.40. RESEARCH FACILITY ACTION AND INVESTMENT	16036
FUNDS	16037

The foregoing appropriation item CAP-032, Research Facility	16038
Action and Investment Funds, shall be used for a program of grants	16039
to be administered by the Board of Regents to provide timely	16040
availability of capital facilities for research programs and	16041
research-oriented instructional programs at or involving	16042
state-supported and state-assisted institutions of higher	16043
education.	16044

Section 235.10.50. THIRD FRONTIER WRIGHT CAPITAL

16045

The foregoing appropriation item CAP-068, Third Frontier	16046
Wright Capital, shall be used to acquire, renovate, or construct	16047
facilities and purchase equipment for research programs,	16048
technology development, product development, and commercialization	16049
programs at or involving state-supported and state-assisted	16050
institutions of higher education. The funds shall be used to make	16051
grants awarded on a competitive basis, and shall be administered	16052
by the Third Frontier Commission. Expenditure of these funds shall	16053
comply with Section 2n of Article VIII, Ohio Constitution, and	16054
sections 151.01 and 151.04 of the Revised Code for the period	16055
beginning July 1, 2006, and ending June 30, 2008.	16056

The Third Frontier Commission shall develop guidelines	16057
relative to the application for and selection of projects funded	16058
from appropriation item CAP-068, Third Frontier Wright Capital.	16059
The Commission may develop these guidelines in consultation with	16060
other interested parties. The Board of Regents and all	16061
state-assisted and state-supported institutions of higher	16062
education shall take all actions necessary to implement grants	16063
awarded by the Third Frontier Commission.	16064

The foregoing appropriation item CAP-068, Third Frontier	16065
Wright Capital, for which an appropriation is made from the Higher	16066
Education Improvement Fund (Fund 034), is determined to consist of	16067
capital improvements and capital facilities for state-supported	16068
and state-assisted institutions of higher education, and is	16069
designated for the capital facilities to which proceeds of	16070
obligations in the Higher Education Improvement Fund (Fund 034)	16071
are to be applied.	16072

Section 235.10.60. REIMBURSEMENT FOR PROJECT COSTS

16073

Appropriations made in Sections 235.10.10 to 235.50.80 of	16074
this act for purposes of costs of capital facilities for the	16075
interim financing of which the particular institution has	16076
previously issued its own obligations anticipating the possibility	16077
of future state appropriations to pay all or a portion of such	16078
costs, as contemplated in division (B) of section 3345.12 of the	16079
Revised Code, shall be paid directly to the institution or the	16080
paying agent for those outstanding obligations in the full	16081
principal amount of those obligations then to be paid from the	16082
anticipated appropriation, and shall be timely applied to the	16083
retirement of a like principal amount of the institution's	16084
obligations.	16085

Appropriations made in Sections 235.10.10 to 235.50.80 of	16086
this act for purposes of costs of capital facilities, all or a	16087
portion of which costs the particular institution has paid from	16088
the institution's moneys that were temporarily available and which	16089
expenditures were reasonably expected at the time of the advance	16090
by the institution to be reimbursed from the proceeds of	16091
obligations issued by the state, shall be directly paid to the	16092
institution in the full amounts of those payments, and shall be	16093
timely applied to the reimbursement of those temporarily available	16094
moneys. All reimbursements are subject to review and approval	16095
through the capital release process.	16096

Appropriations

Section 235.10.70. UAK UNIVERSITY OF AKRON

16097

CAP-008		Basic Renovations		$	6,260,392		16098
CAP-047		Polsky Building Rehabilitation		$	949,082		16099
CAP-049		Basic Renovations-Wayne		$	215,241		16100
CAP-054		Auburn West Tower Rehabilitation Phase III		$	6,026,253		16101
CAP-119		Wayne College Renovations/Expansion		$	709,805		16102
CAP-121		Administration Building Phase II		$	1,344,536		16103
CAP-122		Polymer Processing Center Phase I		$	4,935,457		16104
CAP-123		Medina County University Center (UAK)		$	1,500,000		16105
CAP-124		Hydrogen Fueling Station Project at University of Akron		$	1,000,000		16106
Total University of Akron				$	22,940,766		16107

Appropriations

Section 235.10.80. BGU BOWLING GREEN STATE UNIVERSITY

16109

CAP-009		Basic Renovations		$	4,746,508		16110
CAP-060		Basic Renovations-Firelands		$	351,961		16111
CAP-127		Instructional Laboratory Phase II		$	836,265		16112
CAP-131		Health Center Addition		$	9,750,000		16113
CAP-132		Student Services Building Replacement		$	8,100,000		16114
CAP-133		BGSU Aviation Improvements		$	500,000		16115
Total Bowling Green University				$	24,284,734		16116

Appropriations

Section 235.10.90. CSU CENTRAL STATE UNIVERSITY

16118

CAP-022		Basic Renovations		$	1,182,374		16119
CAP-084		Center for Education & Natural Sciences Phase II Construction		$	6,023,789		16120
Total Central State University				$	7,206,163		16121

Appropriations

Section 235.20.10. UCN UNIVERSITY OF CINCINNATI

16122

CAP-009		Basic Renovations		$	11,936,927		16123
CAP-018		Basic Renovations-Clermont		$	315,249		16124
CAP-054		Raymond Walters Renovations		$	568,630		16125
CAP-205		Medical Science Building Renovation and Expansion (CARE)		$	17,285,021		16126
CAP-224		Van Wormer Renovation		$	3,600,000		16127
CAP-263		Swift Renovation		$	2,540,000		16128
CAP-313		Expand Clermont		$	785,062		16129
CAP-353		Zimmer Plaza/Auditorium Renovation		$	3,600,000		16130
CAP-354		RWC Technology Center		$	1,534,608		16131
CAP-355		Barrett Cancer Center		$	2,500,000		16132
CAP-357		Sharonville Convention Center		$	550,000		16133
CAP-358		Hebrew Union College Archives Project		$	350,000		16134
CAP-359		Consolidated Communications Project of Clermont County		$	300,000		16135
CAP-360		People Working Cooperatively		$	75,000		16136
Total University of Cincinnati				$	45,940,497		16137

Appropriations

Section 235.20.20. CLS CLEVELAND STATE UNIVERSITY

16139

CAP-023		Basic Renovations		$	3,796,031		16140
CAP-125		College of Education		$	10,115,719		16141
CAP-148		Cleveland Institute of Art		$	1,000,000		16142
CAP-163		Anthropology Department Renovations/Relocation		$	400,000		16143
CAP-164		Chester Building Annex Demolition		$	921,583		16144
CAP-165		Bakers Building Renovations		$	1,328,583		16145
CAP-166		Playhouse Square Center - Hanna Theatre		$	750,000		16146
CAP-167		Cleveland State University Windtower Generator Project		$	400,000		16147
CAP-168		Kenston Wind Turbine Project in Geauga (CSU Engineering Department)		$	300,000		16148
CAP-169		Cleveland Museum of Art		$	3,000,000		16149
Total Cleveland State University				$	22,011,916		16150

Appropriations

Section 235.20.30. KSU KENT STATE UNIVERSITY

16152

CAP-022		Basic Renovations		$	5,729,827		16153
CAP-105		Basic Renovations-East Liverpool		$	240,437		16154
CAP-106		Basic Renovations-Geauga		$	74,459		16155
CAP-107		Basic Renovations-Salem		$	167,621		16156
CAP-108		Basic Renovations-Stark		$	566,473		16157
CAP-110		Basic Renovations-Ashtabula		$	282,463		16158
CAP-111		Basic Renovations-Trumbull		$	552,348		16159
CAP-112		Basic Renovations-Tuscarawas		$	371,018		16160
CAP-212		Health Science Building		$	768,084		16161
CAP-262		Gym Renovations, Construction Phase		$	566,617		16162
CAP-266		Fine & Performing Arts Center, Planning Phase		$	911,738		16163
CAP-277		Bowman Hall Chilled Water Plant		$	2,250,000		16164
CAP-278		Electrical Infrastructure Improvements		$	808,800		16165
CAP-279		Oscar Ritchie Hall Rehabilitation		$	10,455,000		16166
CAP-280		Taylor Hall Renovation, Phase I		$	750,000		16167
CAP-281		Music/Speech Center Renovation, Phase I		$	1,262,807		16168
CAP-282		Classroom Building Renovation, Phase I		$	415,662		16169
CAP-283		Classroom Addition/Renovation Planning		$	279,901		16170
CAP-284		Main Hall Science Lab/Nurse Addition		$	1,165,436		16171
CAP-285		Classroom Building Renovation		$	640,399		16172
CAP-286		Fire Alarm System Upgrade		$	375,000		16173
CAP-287		Blossom Music Center		$	2,000,000		16174
CAP-288		Columbiana County Port Authority Coal Liquification Project		$	500,000		16175
CAP-289		Kent State University - Hillel		$	400,000		16176
Total Kent State University				$	31,534,090		16177

Appropriations

Section 235.20.40. MUN MIAMI UNIVERSITY

16179

CAP-018		Basic Renovations		$	5,465,380		16180
CAP-066		Basic Renovations - Hamilton		$	595,995		16181
CAP-069		Basic Renovations - Middletown		$	546,243		16182
CAP-160		Benton Hall Rehabilitation		$	3,900,000		16183
CAP-161		Kreger-Robertson Hall Renovation		$	1,000,000		16184
CAP-162		Richard T. Farmer School of Business		$	3,000,000		16185
CAP-163		Upham Hall North Wing Rehabilitation		$	500,000		16186
CAP-164		Warfield Hall Rehabilitation		$	3,699,024		16187
CAP-165		Pearson Hall Laboratories		$	997,408		16188
CAP-166		Academic/Administration & General Improvement Project		$	1,153,217		16189
CAP-167		Academic/Administration & Renovation Project		$	1,526,909		16190
Total Miami University				$	22,384,176		16191

Appropriations

Section 235.20.50. OSU OHIO STATE UNIVERSITY

16193

CAP-074		Basic Renovations		$	26,062,119		16194
CAP-149		Basic Renovations - Regional Campuses		$	4,777,451		16195
CAP-255		Supplemental Renovations - OARDC		$	829,170		16196
CAP-534		Main Library Rehabilitation/Expansion		$	50,841,261		16197
CAP-736		Brown Hall Renovation/Replacement		$	3,500,000		16198
CAP-737		Hughes Hall Renovation		$	1,500,000		16199
CAP-738		COMPH Academic Center		$	5,000,000		16200
CAP-739		Murray Hall Renovation		$	1,000,000		16201
CAP-740		New Student Life Building		$	1,000,000		16202
CAP-741		Founders/Hopewell Hall Renovation		$	1,960,080		16203
CAP-742		Agricultural and Biological Engineering Building Renovation		$	4,000,000		16204
CAP-743		Selby Hall Phytotron Facility Renovation		$	2,000,000		16205
CAP-744		Stone Laboratory Research Facility Improvements		$	500,000		16206
CAP-745		OSU Extension Safety Improvements in Madison County		$	94,000		16207
CAP-746		Camp Clifton Improvements		$	90,000		16208
CAP-747		Delaware Speech & Hearing with OSU Medical College		$	75,000		16209
Total Ohio State University				$	103,229,081		16210

FEED MILL REPLACEMENT PROJECT

16211

Notwithstanding anything to the contrary in sections 9.33,	16212
123.01, and 3345.50 and Chapter 153. of the Revised Code, the Ohio	16213
State University may negotiate, enter into, and locally administer	16214
a contract that combines the design and construction elements of	16215
the project into a single contract for the feed mill replacement	16216
project, funded with appropriations in the foregoing appropriation	16217
item CAP-255, Supplemental Renovations - OARDC, including any	16218
reappropriation amount made to appropriation item CAP-492, OARDC	16219
Feed Mill, in Am. Sub. H.B. 530 of the 126th General Assembly.	16220

Appropriations

Section 235.20.60. OHU OHIO UNIVERSITY

16221

CAP-020		Basic Renovations		$	7,091,427		16222
CAP-095		Basic Renovations - Eastern		$	257,411		16223
CAP-098		Basic Renovations - Lancaster		$	360,387		16224
CAP-099		Basic Renovations - Zanesville		$	328,368		16225
CAP-113		Basic Renovations - Chillicothe		$	305,706		16226
CAP-114		Basic Renovations - Ironton		$	259,241		16227
CAP-216		Southern - Land Acquisition		$	200,000		16228
CAP-222		Clippinger Lab Rehabilitation Phase I		$	1,000,000		16229
CAP-223		Alden Library Rehabilitation Phase I		$	1,000,000		16230
CAP-224		University Center		$	5,210,000		16231
CAP-225		Lausche Heating Plant Phase III		$	2,175,000		16232
CAP-233		Integrated Learning and Research Facility		$	1,431,170		16233
CAP-234		Porter Hall Addition		$	3,681,170		16234
CAP-235		Supplemental Basic Renovations		$	1,000,000		16235
CAP-236		College of Communication Baker RTVC Redevelopment		$	2,400,000		16236
CAP-237		Shannon Hall Interior Renovation		$	384,090		16237
CAP-238		Ohio University Eastern Campus Health and Education Center		$	200,157		16238
CAP-239		Stevenson Student Service Area		$	704,720		16239
CAP-240		Shoemaker A/C Completion		$	259,096		16240
CAP-241		Proctorville Parking - Site Improvement		$	200,000		16241
CAP-242		Southern - Student Activity Office Renovation		$	193,491		16242
CAP-243		Lancaster Community Conference 7 Events Center		$	954,647		16243
CAP-244		Elson Hall 2nd Floor Renovation		$	924,481		16244
CAP-245		Road Widening and Campus Gate		$	120,000		16245
CAP-246		Ohio University Integrated Learning and Research Facility		$	1,000,000		16246
CAP-247		Ohio University Southern Ohio Proctorville Center Improvements		$	90,000		16247
Total Ohio University				$	31,730,562		16248

Appropriations

Section 235.20.70. SSC SHAWNEE STATE UNIVERSITY

16250

CAP-004		Basic Renovations		$	1,226,165		16251
CAP-053		University Center Renovation		$	1,726,006		16252
Total Shawnee State University				$	2,952,171		16253

Appropriations

Section 235.20.80. UTO UNIVERSITY OF TOLEDO

16255

CAP-010		Basic Renovations		$	6,131,561		16256
CAP-129		Science/Laboratory Building		$	4,042,523		16257
CAP-136		CBLE - Stranahan Hall Addition		$	6,000,000		16258
CAP-137		Chilled Water Plant Equipment		$	1,756,000		16259
CAP-138		Steam & Chilled Water Line Extension		$	1,450,304		16260
CAP-139		North Engineering Renovation		$	1,000,000		16261
CAP-140		Northwest Ohio Science & Technology Corridor		$	1,000,000		16262
Total University of Toledo				$	21,380,388		16263

Appropriations

Section 235.20.90. WSU WRIGHT STATE UNIVERSITY

16265

CAP-015		Basic Renovations		$	4,384,404		16266
CAP-064		Basic Renovations - Lake		$	137,381		16267
CAP-119		Science Lab Renovations		$	9,886,492		16268
CAP-134		Lake Campus Rehabilitation		$	478,906		16269
CAP-135		Advanced Technical Intelligence Center (ATIC)		$	2,500,000		16270
CAP-136		Welcome Stadium Project		$	1,600,000		16271
CAP-137		Consolidated Communications Project of Greene County		$	750,000		16272
CAP-139		Glenn Helen Preserve Ecology Art Classroom		$	15,000		16273
Total Wright State University				$	19,752,183		16274

Appropriations

Section 235.30.10. YSU YOUNGSTOWN STATE UNIVERSITY

16276

CAP-014		Basic Renovations		$	3,841,621		16277
CAP-125		Campus-wide Building Systems Upgrades		$	1,950,000		16278
CAP-133		Campus Development		$	1,500,000		16279
CAP-134		Instructional Space Upgrades		$	900,000		16280
CAP-135		College of Business		$	6,224,834		16281
Total Youngstown State University				$	14,416,455		16282

Appropriations

Section 235.30.20. MUO MEDICAL UNIVERSITY OF OHIO

16284

CAP-010		Basic Renovations		$	1,893,176		16285
CAP-066		Core Research Facility Construction - Phase II		$	1,800,720		16286
CAP-078		Clinical/Academic Renovation		$	900,350		16287
CAP-081		Resource & Community Learning Center		$	900,360		16288
CAP-082		Campus Energy Plant - Phase I		$	900,350		16289
Total Medical University of Ohio				$	6,394,956		16290

Appropriations

Section 235.30.30. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE	16292
OF MEDICINE	16293

CAP-018		Basic Renovations		$	679,957		16294
CAP-048		Rehabilitation of Multi-Disciplinary Laboratories		$	1,473,952		16295
Total Northeastern Ohio Universities College of Medicine				$	2,153,909		16296

Appropriations

Section 235.30.40. CTC CINCINNATI STATE COMMUNITY COLLEGE

16298

CAP-013		Basic Renovations		$	1,449,887		16299
CAP-039		Brick Repair and Weather Proofing		$	225,359		16300
CAP-040		Energy Management - Motor Replacement		$	377,899		16301
CAP-041		Roof Replacement		$	661,573		16302
CAP-042		Neighborhood Health Care		$	175,000		16303
CAP-043		Freestone Foodbank		$	500,000		16304
Total Cincinnati State Community College				$	3,389,718		16305

Appropriations

Section 235.30.50. CLT CLARK STATE COMMUNITY COLLEGE

16307

CAP-006		Basic Renovations		$	628,411		16308
CAP-041		Sarah T. Landess Technology and Learning Center		$	146,313		16309
CAP-045		Performing Arts Center Expansion		$	970,607		16310
CAP-046		Library Resource Center Addition		$	300,000		16311
CAP-047		Clark State Community College Facility Purchase		$	150,000		16312
CAP-048		Clark State Health and Education Center		$	100,000		16313
Total Clark State Community College				$	2,295,331		16314

Appropriations

Section 235.30.60. CTI COLUMBUS STATE COMMUNITY COLLEGE

16316

CAP-006		Basic Renovations		$	1,803,681		16317
CAP-054		Renovations/Addition - Delaware Hall		$	4,728,428		16318
CAP-055		Planning Moneys for Building "F"		$	1,310,554		16319
Total Columbus State Community College				$	7,842,663		16320

Appropriations

Section 235.30.70. CCC CUYAHOGA COMMUNITY COLLEGE

16322

CAP-031		Basic Renovations		$	3,866,782		16323
CAP-095		Collegewide Asset Protection and Building Codes Upgrade		$	2,411,797		16324
CAP-099		Hospitality Management Program		$	4,000,000		16325
CAP-100		Theater/Auditorium Renovations		$	4,036,552		16326
CAP-101		Nursing Clinical Simulation Center		$	250,000		16327
CAP-102		Rock and Roll Hall of Fame Archives		$	200,000		16328
Total Cuyahoga Community College				$	14,765,131		16329

Appropriations

Section 235.30.80. ESC EDISON STATE COMMUNITY COLLEGE

16331

CAP-006		Basic Renovations		$	422,154		16332
CAP-023		Regional Centers of Excellence		$	3,375,000		16333
CAP-024		Edison State Community College Regional Center for Excellence		$	25,000		16334
Total Edison State Community College				$	3,822,154		16335

Appropriations

Section 235.30.90. JTC JEFFERSON COMMUNITY COLLEGE

16337

CAP-022		Basic Renovations		$	331,514		16338
CAP-044		Second Floor Business & Industry Technical Center		$	725,443		16339
Total Jefferson Community College				$	1,056,957		16340

Appropriations

Section 235.40.10. LCC LAKELAND COMMUNITY COLLEGE

16342

CAP-006		Basic Renovations		$	1,302,992		16343
CAP-045		Instructional Use/University Partnership Building		$	2,433,264		16344
Total Lakeland Community College				$	3,736,256		16345

Appropriations

Section 235.40.20. LOR LORAIN COMMUNITY COLLEGE

16347

CAP-005		Basic Renovations		$	1,432,562		16348
CAP-045		HPER Rehabilitation		$	2,645,970		16349
Total Lorain Community College				$	4,078,532		16350

Appropriations

Section 235.40.30. NTC NORTHWEST STATE COMMUNITY COLLEGE

16352

CAP-003		Basic Renovations		$	417,030		16353
Total Northwest State Community College				$	417,030		16354

Appropriations

Section 235.40.40. OTC OWENS COMMUNITY COLLEGE

16356

CAP-019		Basic Renovations		$	2,123,075		16357
CAP-042		Campus Expansion - Penta Acquisition		$	12,000,000		16358
CAP-043		Center for Emergency Preparedness, Phase IV		$	493,940		16359
CAP-044		The Max Albon Center		$	550,000		16360
CAP-045		Jerusalem Township Food Bank		$	100,000		16361
Total Owens Community College				$	15,267,015		16362

Appropriations

Section 235.40.50. RGC RIO GRANDE COMMUNITY COLLEGE

16364

CAP-005		Basic Renovations		$	548,241		16365
Total Rio Grande Community College				$	548,241		16366

Appropriations

Section 235.40.60. SCC SINCLAIR COMMUNITY COLLEGE

16368

CAP-007		Basic Renovations		$	2,863,978		16369
CAP-062		Consolidated Communications Project - Montgomery		$	1,500,000		16370
Total Sinclair Community College				$	4,363,978		16371

Appropriations

Section 235.40.70. SOC SOUTHERN STATE COMMUNITY COLLEGE

16373

CAP-010		Basic Renovations		$	428,025		16374
CAP-027		Southern State Community College Laboratory and Classroom Building		$	1,000,000		16375
Total Southern State Community College				$	1,428,025		16376

Appropriations

Section 235.40.80. TTC TERRA STATE COMMUNITY COLLEGE

16378

CAP-009		Basic Renovations		$	442,291		16379
Total Terra State Community College				$	442,291		16380

Appropriations

Section 235.40.90. WTC WASHINGTON STATE COMMUNITY COLLEGE

16382

CAP-006		Basic Renovations		$	385,546		16383
CAP-021		Washington State Community College Health Sciences Center		$	350,000		16384
CAP-022		Washington State Community College Center for Higher Education		$	25,000		16385
Total Washington State Community College				$	760,546		16386

Appropriations

Section 235.50.10. BTC BELMONT TECHNICAL COLLEGE

16388

CAP-008		Basic Renovations		$	309,432		16389
Total Belmont Technical College				$	309,432		16390

Appropriations

Section 235.50.20. COT CENTRAL OHIO TECHNICAL COLLEGE

16392

CAP-003		Basic Renovations		$	333,331		16393
CAP-015		Founders/Hopewell Hall Renovation		$	1,538,362		16394
CAP-016		Roscoe Village Inn Renovation		$	500,000		16395
Total Central Ohio Technical College				$	2,371,693		16396

Appropriations

Section 235.50.30. HTC HOCKING TECHNICAL COLLEGE

16398

CAP-019		Basic Renovations		$	693,603		16399
CAP-042		McClenaghan Center for Hospitality Training		$	1,838,986		16400
Total Hocking Technical College				$	2,532,589		16401

Appropriations

Section 235.50.40. LTC JAMES RHODES STATE COLLEGE

16403

CAP-004		Basic Renovations		$	431,960		16404
CAP-018		Community Union		$	1,045,625		16405
Total James Rhodes State College				$	1,477,585		16406

Appropriations

Section 235.50.50. MTC MARION TECHNICAL COLLEGE

16408

CAP-004		Basic Renovations		$	166,413		16409
CAP-013		Classroom/Student Resource Center		$	3,500,000		16410
Total Marion Technical College				$	3,666,413		16411

Appropriations

Section 235.50.60. MAT ZANE STATE COLLEGE

16413

CAP-007		Basic Renovations		$	402,714		16414
CAP-023		Willet-Pratt Center Expansion		$	750,000		16415
Total Zane State College				$	1,152,714		16416

Appropriations

Section 235.50.70. NCC NORTH CENTRAL TECHNICAL COLLEGE

16418

CAP-003		Basic Renovations		$	515,249		16419
CAP-016		Health Sciences Center Rehabilitation		$	1,035,150		16420
CAP-017		Kehoe Center Rehabilitation		$	419,655		16421
Total North Central Technical College				$	1,970,054		16422

Appropriations

Section 235.50.80. STC STARK TECHNICAL COLLEGE

16424

CAP-004		Basic Renovations		$	277,804		16425
CAP-039		Health & Science Building		$	5,097,338		16426
Total Stark Technical College				$	5,375,142		16427
Total Board of Regents and							16428
Institutions of Higher Education				$	578,636,534		16429
TOTAL Higher Education Improvement Fund				$	579,946,534		16430

Section 235.50.90. DEBT SERVICE FORMULA ALLOCATION

16432

Based on the foregoing appropriations in Sections 235.10.70	16433
to 235.50.80 of this act, from Fund 034, Higher Education	16434
Improvement Fund, the following higher education institutions	16435
shall be responsible for the specified amounts as part of the debt	16436
service component of the instructional subsidy beginning in fiscal	16437
year 2008:	16438

INSTITUTION			AMOUNT		16439
University of Akron		$	13,255,328		16440
University of Akron - Wayne		$	709,805		16441
Bowling Green State University		$	17,300,000		16442
Bowling Green State University - Firelands		$	836,265		16443
Central State University		$	2,023,789		16444
University of Cincinnati		$	27,025,021		16445
University of Cincinnati - Clermont		$	785,062		16446
University of Cincinnati - Walters		$	1,534,608		16447
Cleveland State University		$	11,437,302		16448
Kent State University		$	15,526,607		16449
Kent State University - Ashtabula		$	768,084		16450
Kent State University - East Liverpool		$	415,662		16451
Kent State University - Geauga		$	279,901		16452
Kent State University - Salem		$	566,617		16453
Kent State University - Stark		$	1,165,436		16454
Kent State University - Trumbull		$	1,015,399		16455
Kent State University - Tuscarawas		$	911,738		16456
Miami University		$	13,096,432		16457
Miami University - Hamilton		$	1,153,217		16458
Miami University - Middletown		$	1,526,909		16459
Ohio State University		$	61,841,261		16460
Ohio State University - Lima		$	1,000,000		16461
Ohio State University - Newark		$	1,960,080		16462
Ohio State University - OARDC		$	6,829,170		16463
Ohio University		$	17,897,340		16464
Ohio University - Eastern		$	584,247		16465
Ohio University - Chillicothe		$	963,816		16466
Ohio University - Southern		$	593,491		16467
Ohio University - Lancaster		$	890,535		16468
Ohio University - Zanesville		$	1,044,481		16469
Shawnee State University		$	1,726,006		16470
University of Toledo		$	14,248,827		16471
Wright State University		$	9,886,492		16472
Wright State University - Lake		$	478,906		16473
Youngstown State University		$	10,574,834		16474
Medical University of Ohio		$	4,501,780		16475
Northeastern Ohio Universities College of Medicine		$	1,473,952		16476
Cincinnati State Community College		$	1,145,659		16477
Clark State Community College		$	1,416,920		16478
Columbus State Community College		$	6,038,982		16479
Cuyahoga Community College		$	10,448,349		16480
Edison State Community College		$	3,375,000		16481
Jefferson Community College		$	725,443		16482
Lakeland Community College		$	2,766,142		16483
Lorain County Community College		$	2,645,970		16484
Central Ohio Technical College		$	1,538,362		16485
Hocking Technical College		$	1,838,986		16486
James Rhodes State Technical College		$	1,045,625		16487
Zane State College		$	757,271		16488
North Central Technical College		$	1,354,805		16489
Stark Technical College		$	1,871,379		16490

Institutions not listed above shall not have a debt service	16491
obligation as a result of these appropriations.	16492

Within sixty days after the effective date of this section,	16493
any institution of higher education may notify the Board of	16494
Regents of its intention not to proceed with any project	16495
appropriated in this act. Upon receiving such notification, the	16496
Board of Regents may release the institution from its debt service	16497
obligation for the specific project.	16498

Section 235.60.10.  For all of the foregoing appropriation	16499
items from the Higher Education Improvement Fund (Fund 034) that	16500
require local funds to be contributed by any state-supported or	16501
state-assisted institution of higher education, the Ohio Board of	16502
Regents shall not recommend that any funds be released until the	16503
recipient institution demonstrates to the Board of Regents and the	16504
Office of Budget and Management that the local funds contribution	16505
requirement has been secured or satisfied. The local funds shall	16506
be in addition to the foregoing appropriations.	16507

Section 235.60.20.  The Ohio Public Facilities Commission is	16508
hereby authorized to issue and sell, in accordance with Section 2n	16509
of Article VIII, Ohio Constitution, and Chapter 151. and	16510
particularly sections 151.01 and 151.04 of the Revised Code,	16511
original obligations in an aggregate principal amount not to	16512
exceed $576,000,000, in addition to the original issuance of	16513
obligations heretofore authorized by prior acts of the General	16514
Assembly. These authorized obligations shall be issued, subject to	16515
applicable constitutional and statutory limitations, to pay costs	16516
of capital facilities as defined in sections 151.01 and 151.04 of	16517
the Revised Code for state-supported and state-assisted	16518
institutions of higher education.	16519

Section 235.60.30.  None of the foregoing capital	16520
improvements appropriations for state-supported or state-assisted	16521
institutions of higher education shall be expended until the	16522
particular appropriation has been recommended for release by the	16523
Ohio Board of Regents and released by the Director of Budget and	16524
Management or the Controlling Board. Either the institution	16525
concerned, or the Ohio Board of Regents with the concurrence of	16526
the institution concerned, may initiate the request to the	16527
Director of Budget and Management or the Controlling Board for the	16528
release of the particular appropriations.	16529

Section 235.60.40.  (A) No capital improvement appropriations	16530
made in Sections 235.10.10 to 235.50.80 of this act shall be	16531
released for planning or for improvement, renovation,	16532
construction, or acquisition of capital facilities if the	16533
institution of higher education or the state does not own the real	16534
property on which the capital facilities are or will be located.	16535
This restriction does not apply in any of the following	16536
circumstances:	16537

(1) The institution has a long-term (at least fifteen years)	16538
lease of, or other interest (such as an easement) in, the real	16539
property.	16540

(2) The Ohio Board of Regents certifies to the Controlling	16541
Board that undue delay will occur if planning does not proceed	16542
while the property or property interest acquisition process	16543
continues. In this case, funds may be released upon approval of	16544
the Controlling Board to pay for planning through the development	16545
of schematic drawings only.	16546

(3) In the case of an appropriation for capital facilities	16547
that, because of their unique nature or location, will be owned or	16548
will be part of facilities owned by a separate nonprofit	16549
organization or public body and will be made available to the	16550
institution of higher education for its use, the nonprofit	16551
organization or public body either owns or has a long-term (at	16552
least fifteen years) lease of the real property or other capital	16553
facility to be improved, renovated, constructed, or acquired and	16554
has entered into a joint or cooperative use agreement with the	16555
institution of higher education that meets the requirements of	16556
division (C) of this section.	16557

(B) Any foregoing appropriations which require cooperation	16558
between a technical college and a branch campus of a university	16559
may be released by the Controlling Board upon recommendation by	16560
the Ohio Board of Regents that the facilities proposed by the	16561
institutions are:	16562

(1) The result of a joint planning effort by the university	16563
and the technical college, satisfactory to the Ohio Board of	16564
Regents;	16565

(2) Facilities that will meet the needs of the region in	16566
terms of technical and general education, taking into	16567
consideration the totality of facilities that will be available	16568
after the completion of the projects;	16569

(3) Planned to permit maximum joint use by the university and	16570
technical college of the totality of facilities that will be	16571
available upon their completion; and	16572

(4) To be located on or adjacent to the branch campus of the	16573
university.	16574

(C) The Ohio Board of Regents shall adopt rules regarding the	16575
release of moneys from all the foregoing appropriations for	16576
capital facilities for all state-supported or state-assisted	16577
institutions of higher education. In the case of capital	16578
facilities referred to in division (A)(3) of this section, the	16579
joint or cooperative use agreements shall include, as a minimum,	16580
provisions that:	16581

(1) Specify the extent and nature of that joint or	16582
cooperative use, extending for not fewer than fifteen years, with	16583
the value of such use or right to use to be, as is determined by	16584
the parties and approved by the Board of Regents, reasonably	16585
related to the amount of the appropriations;	16586

(2) Provide for pro rata reimbursement to the state should	16587
the arrangement for joint or cooperative use be terminated;	16588

(3) Provide that procedures to be followed during the capital	16589
improvement process will comply with appropriate applicable state	16590
laws and rules, including the provisions of this act; and	16591

(4) Provide for payment or reimbursement to the institution	16592
of its administrative costs incurred as a result of the facilities	16593
project, not to exceed 1.5 per cent of the appropriated amount.	16594

(D) Upon the recommendation of the Ohio Board of Regents, the	16595
Controlling Board may approve the transfer of appropriations for	16596
projects requiring cooperation between institutions from one	16597
institution to another institution with the approval of both	16598
institutions.	16599

(E) Notwithstanding section 127.14 of the Revised Code, the	16600
Controlling Board, upon the recommendation of the Ohio Board of	16601
Regents, may transfer amounts appropriated to the Ohio Board of	16602
Regents to accounts of state-supported or state-assisted	16603
institutions created for that same purpose.	16604

Section 235.60.50.  The requirements of Chapters 123. and	16605
153. of the Revised Code, with respect to the powers and duties of	16606
the Director of Administrative Services, and the requirements of	16607
section 127.16 of the Revised Code, with respect to the	16608
Controlling Board, do not apply to projects of community college	16609
districts, which include Cuyahoga Community College, Jefferson	16610
Community College, Lakeland Community College, Lorain Community	16611
College, Rio Grande Community College, and Sinclair Community	16612
College; and technical college districts, which include Belmont	16613
Technical College, Central Ohio Technical College, Hocking	16614
Technical College, James Rhodes State College, Marion Technical	16615
College, Zane State College, North Central Technical College, and	16616
Stark Technical College.	16617

Section 235.60.60.  Those institutions locally administering	16618
capital improvement projects pursuant to section 3345.50 of the	16619
Revised Code may:	16620

(A) Establish charges for recovering costs directly related	16621
to project administration as defined by the Director of	16622
Administrative Services. The Department of Administrative Services	16623
shall review and approve these administrative charges when the	16624
charges are in excess of 1.5 per cent of the total construction	16625
budget.	16626

(B) Seek reimbursement from state capital appropriations to	16627
the institution for the in-house design services performed by the	16628
institution for the capital projects. Acceptable charges are	16629
limited to design document preparation work that is done by the	16630
institution. These reimbursable design costs shall be shown as	16631
"A/E fees" within the project's budget that is submitted to the	16632
Controlling Board or the Director of Budget and Management as part	16633
of a request for release of funds. The reimbursement for in-house	16634
design shall not exceed seven per cent of the estimated	16635
construction cost.	16636

Section 235.60.70. (A) The North East Ohio Universities	16637
Collaboration and Innovation Study Commission shall develop a plan	16638
and may make legislative or other logistical recommendations for	16639
the following, with respect to the University of Akron, Cleveland	16640
State University, Kent State University, the Northeastern Ohio	16641
Universities College of Medicine, and Youngstown State University:	16642

(1) Strategic and purposeful collaboration among the	16643
institutions;	16644

(2) Partnering among the institutions of both undergraduate	16645
and graduate academic programs;	16646

(3) Sharing of at least some governance mechanisms,	16647
particularly as they relate to common basic functions, among the	16648
institutions;	16649

(4) Development of a coordinated approach to the academic and	16650
administrative roles of public higher education in North East	16651
Ohio, while maintaining the separate identities of the	16652
institutions.	16653

The goal of the Commission's recommendations shall be to	16654
promote greater access and affordability for students and an	16655
overall improved quality of higher education in North East Ohio.	16656

The Commission shall submit its plan and recommendations to	16657
the Governor and the General Assembly in writing not later than	16658
twelve months after the effective date of this section.	16659

(B) The North East Ohio Universities Collaboration and	16660
Innovation Study Commission is hereby created. The Commission	16661
shall consist of nineteen members as follows:	16662

(1) The president of each of the following five institutions	16663
of higher education:	16664

(a) University of Akron;

16665

(b) Cleveland State University;

16666

(c) Kent State University;

16667

(d) Northeastern Ohio Universities College of Medicine;

16668

(e) Youngstown State University.

16669

(2) One member appointed by the board of trustees of each of	16670
the five institutions of higher education listed in division	16671
(B)(1) of this section;	16672

(3) Two members appointed by the Ohio Board of Regents;

16673

(4) One member appointed by the Speaker of the House of	16674
Representatives;	16675

(5) One member appointed by the President of the Senate;

16676

(6) Five members appointed by the Governor, four of whom	16677
shall be representatives of regional economic development	16678
organizations located within North East Ohio.	16679

The members shall be appointed not later than thirty days	16680
after the effective date of this section. A vacancy on the	16681
Commission shall be filled in the manner of the initial	16682
appointment.	16683

The member who is not a representative of a regional economic	16684
development organization, appointed by the Governor under division	16685
(B)(6) of this section, shall be the chairman of the Commission.	16686

The members of the Commission shall receive no compensation	16687
for their services.	16688

The Commission may employ an executive director and such	16689
other staff as the Commission determines is necessary to carry out	16690
its duties.	16691

(C) Upon submission of its plan and recommendations, as	16692
required in division (A) of this section, the Commission shall	16693
cease to exist.	16694

Section 237.10. All items set forth in this section are	16695
hereby appropriated out of any moneys in the state treasury to the	16696
credit of the Parks and Recreation Improvement Fund (Fund 035),	16697
that are not otherwise appropriated.	16698

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

16699

CAP-012		Land Acquisition - Statewide		$	500,000		16700
CAP-169		Lake White State Park - Dam Rehabilitation		$	5,500,000		16701
CAP-390		State Park Maintenance Facility Development - Middle Bass Island State Park Mitigation Costs		$	2,000,000		16702
CAP-701		Buckeye Lake State Park - Dam Rehabilitation		$	4,000,000		16703
CAP-702		Upgrade Underground Fuel Storage Tanks - Statewide		$	250,000		16704
CAP-716		Muskingum River Parkway - Locks and Dam Rehabilitation		$	1,000,000		16705
CAP-748		Local Parks Projects		$	16,201,700		16706
CAP-753		Project Planning		$	250,000		16707
CAP-836		State Park Renovations/Upgrading - Dillon Environmental Restoration Project (Corps Grant Match)		$	600,000		16708
CAP-876		Statewide Trails Program		$	6,140,000		16709
CAP-881		Dam Rehabilitation - Parks		$	1,017,600		16710
CAP-929		Hazardous Waste/Asbestos Abatement - Statewide		$	150,000		16711
CAP-931		Statewide Wastewater/Water Systems Upgrade		$	2,500,000		16712
Total Department of Natural Resources				$	40,109,300		16713
TOTAL Parks and Recreation Improvement Fund				$	40,109,300		16714

FEDERAL REIMBURSEMENT

16715

All reimbursements received from the federal government for	16716
any expenditures made pursuant to this section shall be deposited	16717
in the state treasury to the credit of the Parks and Recreation	16718
Improvement Fund (Fund 035).	16719

LOCAL PARKS PROJECTS

16720

Of the foregoing appropriation item CAP-748, Local Parks	16721
Projects, $2,000,000 shall be used for the Center City Park in	16722
Springfield; $1,200,000 shall be used for the Cincinnati Zoo;	16723
$1,000,000 shall be used for the East Bank/Flats Project;	16724
$1,000,000 shall be used for the Scioto Mile; $1,500,000 shall be	16725
used for the Franklin Park Conservatory; $1,000,000 shall be used	16726
for Kroc Community Park Improvements; $640,000 shall be used for	16727
the Cuyahoga River Corridor Glens Park; $540,000 shall be used for	16728
Tar Hollow State Park Improvements; $515,000 shall be used for the	16729
Cleveland Zoological Society; $400,000 shall be used for the Hi-Y;	16730
$300,000 shall be used for the Colerain Township Heritage Park;	16731
$300,000 shall be used for the Columbus Zoo; $300,000 shall be	16732
used for the Fremont Park and Athletic Facilities; $250,000 shall	16733
be used for the Gahanna South Flood Plain Project; $250,000 shall	16734
be used for the Sippo Lake Park/Canal Way; $250,000 shall be used	16735
for Van Buren State Park Land Acquisitions; $250,000 shall be used	16736
for the City of Wellston Veterans Park; $250,000 shall be used for	16737
the City of Jackson Bike Path; $250,000 shall be used for	16738
Cambridge Park Improvements; $250,000 shall be used for the	16739
Brunswick Nature Preserve; $200,000 shall be used for North	16740
Royalton Recreational Park Improvements; $200,000 shall be used	16741
for Harrison Village Historical Society-Phoenix Park Museum;	16742
$200,000 shall be used for Ault Park Improvements; $200,000 shall	16743
be used for Indian Lake State Park Dredging Improvements; $200,000	16744
shall be used for the Belmont Carnes Center; $191,000 shall be	16745
used for Deerfield Township Simpson Creek Erosion Mitigation and	16746
Bank Control; $185,000 shall be used for the City of Wilmington	16747
Park Upgrades/Tennis Courts; $175,700 shall be used for the	16748
Georgetown Community Tennis Park; $170,000 shall be used for	16749
Violet Township Park Land Acquisition; $150,000 shall be used for	16750
Kelleys Island Park Improvements; $150,000 shall be used for	16751
Ironton Port Authority Green Space Acquisition; $150,000 shall be	16752
used for Perry Township Camp Improvements; $122,000 shall be used	16753
for Sandusky Plains Environmental Nature Preserve; $100,000 shall	16754
be used for Mountain Bike Park/Midtown Cleveland; $100,000 shall	16755
be used for Delhi Park Veteran's Memorial Wall; $100,000 shall be	16756
used for The Mentor Lagoons Nature Preserve; $100,000 shall be	16757
used for the Chester Township Park; $100,000 shall be used for	16758
Thompson Park Renovations in East Liverpool; $100,000 shall be	16759
used for the Aullwood Audubon Center; $75,000 shall be used for	16760
Perry Township Park; $75,000 shall be used for Hocking River Park	16761
Complex of Athens County; $69,000 shall be used for Miami Erie	16762
Canal Repairs in Spencerville; $65,000 shall be used for Star Mill	16763
Skate Park Improvements; $60,000 shall be used for Marseilles	16764
Reservoir Bulk Head Project; $50,000 shall be used for	16765
Beavercreek/John Aekeney Soccer Field and Park; $50,000 shall be	16766
used for the Beavercreek Community Athletic Association Facility	16767
and Park Upgrade; $50,000 shall be used for the Delaware Skate	16768
Park; $50,000 shall be used for the Columbus Zoo Education Center;	16769
$50,000 shall be used for Dillon State Park Upgrades; $50,000	16770
shall be used for Indian Lake State Park Shoreline Improvements;	16771
$40,000 shall be used for Athens Village of Glouster Park	16772
Improvements; $30,000 shall be used for Harold Miller Memorial	16773
Park Improvements; $25,000 shall be used for Grand Lake St. Marys	16774
Improvements; $25,000 shall be used for Geauga Veterans Monument	16775
Park Improvements; $25,000 shall be used for the Conesville	16776
Community Children's Park; $25,000 shall be used for the Cambridge	16777
Skate Park; $19,000 shall be used for East Fork State Park-Harsha	16778
Lake Dock Improvements; $10,000 shall be used for the Marine Corps	16779
League Park/Monument; $10,000 shall be used for Huntington	16780
Township Park Improvements; $5,000 shall be used for Morrow County	16781
Bicentennial Park; and $5,000 shall be used for the Galion	16782
Memorial Veterans Park.	16783

STATEWIDE TRAILS PROGRAM

16784

Of the foregoing appropriation item CAP-876, Statewide	16785
Trails, $2,000,000 shall be used for the Ohio to Erie Trail by	16786
Franklin County Metro Parks; $1,900,000 shall be used for the	16787
Cuyahoga Towpath Trail; $500,000 shall be used for Henry County	16788
Park and Bike Trails; $400,000 shall be used for the Prairie Grass	16789
Trail; $330,000 shall be used for the Williamsburg/Batavia Hike	16790
and Bike Trail; $200,000 shall be used for the Xenia-Jamestown	16791
Connector Trail Project; $100,000 shall be used for Tri-County	16792
Triangle Trail Funding; and $210,000 shall be used for the	16793
Trumbull Bike Trail.	16794

Section 237.20. For the appropriations in Section 237.10 of	16795
this act, the Department of Natural Resources shall periodically	16796
prepare and submit to the Director of Budget and Management the	16797
estimated design, planning, and engineering costs of	16798
capital-related work to be done by the Department of Natural	16799
Resources for each project. Based on the estimates, the Director	16800
of Budget and Management may release appropriations from the	16801
foregoing appropriation item CAP-753, Project Planning, within the	16802
Parks and Recreation Improvement Fund (Fund 035), to pay for	16803
design, planning, and engineering costs incurred by the Department	16804
of Natural Resources for the projects. Upon release of the	16805
appropriations by the Director of Budget and Management, the	16806
Department of Natural Resources shall pay for these expenses from	16807
the Parks Capital Expenses Fund (Fund 227), and shall be	16808
reimbursed from the Parks and Recreation Improvement Fund (Fund	16809
035) using an intrastate voucher.	16810

Section 237.30.  The Treasurer of State is hereby authorized	16811
to issue and sell, in accordance with Section 2i of Article VIII,	16812
Ohio Constitution, and Chapter 154. of the Revised Code,	16813
particularly section 154.22 of the Revised Code, original	16814
obligations in an aggregate principal amount not to exceed	16815
$40,000,000, in addition to the original issuance of obligations	16816
heretofore authorized by prior acts of the General Assembly. These	16817
authorized obligations shall be issued, subject to applicable	16818
constitutional and statutory limitations, to pay the costs of	16819
capital facilities for parks and recreation as defined in section	16820
154.01 of the Revised Code.	16821

Section 237.40.  (A) No capital improvement appropriations	16822
made in Section 237.10 of this act shall be released for planning	16823
or for improvement, renovation, or construction or acquisition of	16824
capital facilities if a governmental agency, as defined in section	16825
154.01 of the Revised Code, does not own the real property that	16826
constitutes the capital facilities or on which the capital	16827
facilities are or will be located. This restriction does not apply	16828
in any of the following circumstances:	16829

(1) The governmental agency has a long-term (at least fifteen	16830
years) lease of, or other interest (such as an easement) in, the	16831
real property.	16832

(2) In the case of an appropriation for capital facilities	16833
for parks and recreation that, because of their unique nature or	16834
location, will be owned or be part of facilities owned by a	16835
separate nonprofit organization and made available to the	16836
governmental agency for its use or operated by the nonprofit	16837
organization under contract with the governmental agency, the	16838
nonprofit organization either owns or has a long-term (at least	16839
fifteen years) lease of the real property or other capital	16840
facility to be improved, renovated, constructed, or acquired and	16841
has entered into a joint or cooperative use agreement, approved by	16842
the Department of Natural Resources, with the governmental agency	16843
for that agency's use of and right to use the capital facilities	16844
to be financed and, if applicable, improved, the value of such use	16845
or right to use being, as determined by the parties, reasonably	16846
related to the amount of the appropriation.	16847

(B) In the case of capital facilities referred to in division	16848
(A)(2) of this section, the joint or cooperative use agreement	16849
shall include, as a minimum, provisions that:	16850

(1) Specify the extent and nature of that joint or	16851
cooperative use, extending for not fewer than fifteen years, with	16852
the value of such use or right to use to be, as determined by the	16853
parties and approved by the approving department, reasonably	16854
related to the amount of the appropriation;	16855

(2) Provide for pro rata reimbursement to the state should	16856
the arrangement for joint or cooperative use by a governmental	16857
agency be terminated; and	16858

(3) Provide that procedures to be followed during the capital	16859
improvement process will comply with appropriate applicable state	16860
laws and rules, including the provisions of this act.	16861

Section 239.10. All items set forth in this section are	16862
hereby appropriated out of any moneys in the state treasury to the	16863
credit of the State Capital Improvements Fund (Fund 038), that are	16864
not otherwise appropriated.	16865

Appropriations

PWC PUBLIC WORKS COMMISSION

16866

CAP-150		Local Public Infrastructure		$	120,000,000		16867
Total Public Works Commission				$	120,000,000		16868
TOTAL State Capital Improvements Fund				$	120,000,000		16869

The foregoing appropriation item CAP-150, Local Public	16870
Infrastructure, shall be used in accordance with sections 164.01	16871
to 164.12 of the Revised Code. The Director of the Public Works	16872
Commission may certify to the Director of Budget and Management	16873
that a need exists to appropriate investment earnings to be used	16874
in accordance with sections 164.01 to 164.12 of the Revised Code.	16875
If the Director of Budget and Management determines pursuant to	16876
division (D) of section 164.08 and section 164.12 of the Revised	16877
Code that investment earnings are available to support additional	16878
appropriations, such amounts are hereby appropriated.	16879

If the Public Works Commission receives refunds due to	16880
project overpayments that are discovered during a post-project	16881
audit, the Director of the Public Works Commission may certify to	16882
the Director of Budget and Management that refunds have been	16883
received. In certifying the refunds, the Director of the Public	16884
Works Commission shall provide the Director of Budget and	16885
Management information on the project refunds. The certification	16886
shall detail by project the source and amount of project	16887
overpayments received and include any supporting documentation	16888
required or requested by the Director of Budget and Management.	16889
Upon receipt of the certification, the Director of Budget and	16890
Management shall determine if the project refunds are necessary to	16891
support existing appropriations. If the project refunds are	16892
available to support additional appropriations, these amounts are	16893
hereby appropriated to appropriation item CAP-151, Revolving Loan.	16894

Section 239.20. The Ohio Public Facilities Commission is	16895
hereby authorized to issue and sell, in accordance with Sections	16896
2m and 2p of Article VIII, Ohio Constitution, and sections 151.01	16897
and 151.08 of the Revised Code, original obligations of the state,	16898
in an aggregate principal amount not to exceed $120,000,000, in	16899
addition to the original obligations heretofore authorized by	16900
prior acts of the General Assembly. These authorized obligations	16901
shall be issued and sold from time to time and in amounts	16902
necessary to ensure sufficient moneys to the credit of the State	16903
Capital Improvements Fund (Fund 038) to pay costs charged to that	16904
fund, as estimated by the Director of Budget and Management.	16905

Section 301.10. Notwithstanding any provision of law to the	16906
contrary, the Director of Budget and Management, with the written	16907
concurrence of the Director of Public Safety, may transfer cash	16908
temporarily from the Highway Safety Fund (Fund 036) to the Highway	16909
Safety Building Fund (Fund 025), and the cash may be used to fund	16910
projects previously appropriated by acts of the general assembly.	16911
The transfers shall be made for the purpose of providing cash to	16912
support appropriations or encumbrances that exist upon the	16913
effective date of this section. At such time as obligations are	16914
issued for Highway Safety Building Fund projects, the Director of	16915
Budget and Management shall transfer from the Highway Safety	16916
Building Fund to the Highway Safety Fund any amounts originally	16917
transferred to the Highway Safety Building Fund under this	16918
section.	16919

Section 303.10. CERTIFICATION OF AVAILABILITY OF MONEYS

16920

No moneys that require release may be expended from any	16921
appropriation contained in this act without certification of the	16922
Director of Budget and Management that there are sufficient moneys	16923
in the state treasury in the fund from which the appropriation is	16924
made. The certification shall be based on estimates of revenue,	16925
receipts, and expenses. Nothing in this section shall be	16926
construed as a limitation on the authority of the Director of	16927
Budget and Management under section 126.07 of the Revised Code.	16928

Section 303.20. LIMITATION ON USE OF CAPITAL APPROPRIATIONS

16929

The appropriations made in this act, excluding those made to	16930
the State Capital Improvement Fund (Fund 038) and the State	16931
Capital Improvements Revolving Loan Fund (Fund 040) for buildings	16932
or structures, including remodeling and renovations, are limited	16933
to:	16934

(A) Acquisition of real property or interests in real	16935
property;	16936

(B) Buildings and structures, which includes construction,	16937
demolition, complete heating, lighting and lighting fixtures, all	16938
necessary utilities, and ventilating, plumbing, sprinkling, and	16939
sewer systems, when such systems are authorized or necessary;	16940

(C) Architectural, engineering, and professional services	16941
expenses directly related to the projects;	16942

(D) Machinery that is a part of structures at the time of	16943
initial acquisition or construction;	16944

(E) Acquisition, development, and deployment of new computer	16945
systems, including the redevelopment or integration of existing	16946
and new computer systems, but excluding regular or ongoing	16947
maintenance or support agreements;	16948

(F) Equipment that meets all the following criteria:

16949

(1) The equipment is essential in bringing the facility up to	16950
its intended use;	16951

(2) The unit cost of the equipment, and not the individual	16952
parts of a unit, is about $100 or more;	16953

(3) The equipment has a useful life of five years or more;

16954

(4) The equipment is necessary for the functioning of the	16955
particular facility or project.	16956

No equipment shall be paid for from these appropriations that	16957
is not an integral part of or directly related to the basic	16958
purpose or function of a project for which moneys are	16959
appropriated. This paragraph does not apply to appropriation items	16960
for equipment.	16961

Section 303.30. CONTINGENCY RESERVE REQUIREMENT

16962

Any request for release of capital appropriations by the	16963
Director of Budget and Management or the Controlling Board of	16964
capital appropriations for projects, the contracts for which are	16965
awarded by the Department of Administrative Services, shall	16966
contain a contingency reserve, the amount of which shall be	16967
determined by the Department of Administrative Services, for	16968
payment of unanticipated project expenses. Any amount deducted	16969
from the encumbrance for a contractor's contract as an assessment	16970
for liquidated damages shall be added to the encumbrance for the	16971
contingency reserve. Contingency reserve funds shall be used to	16972
pay costs resulting from unanticipated job conditions, to comply	16973
with rulings regarding building and other codes, to pay costs	16974
related to errors or omissions in contract documents, to pay costs	16975
associated with changes in the scope of work, and to pay the cost	16976
of settlements and judgments related to the project.	16977

Any funds remaining upon completion of a project may, upon	16978
approval of the Controlling Board, be released for the use of the	16979
institution to which the appropriation was made for other capital	16980
facilities projects.	16981

Section 303.40. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	16982
PROJECTS	16983

Notwithstanding sections 123.01 and 123.15 of the Revised	16984
Code, the Director of Administrative Services may authorize the	16985
Departments of Mental Health, Mental Retardation and Developmental	16986
Disabilities, Agriculture, Job and Family Services, Rehabilitation	16987
and Correction, Youth Services, Public Safety, Transportation, and	16988
the Ohio Veterans' Home to administer any capital facilities	16989
projects, the estimated cost of which, including design fees,	16990
construction, equipment, and contingency amounts, is less than	16991
$1,500,000. Requests for authorization to administer capital	16992
facilities projects shall be made in writing to the Director of	16993
Administrative Services by the applicable state agency within	16994
sixty days after the effective date of the section of law in which	16995
the General Assembly initially makes an appropriation for the	16996
project. Upon the release of funds for the projects by the	16997
Controlling Board or the Director of Budget and Management, the	16998
agency may administer the capital project or projects for which	16999
agency administration has been authorized without the supervision,	17000
control, or approval of the Director of Administrative Services.	17001

The state agency authorized by the Director of Administrative	17002
Services to administer capital facilities projects pursuant to	17003
this section shall comply with the applicable procedures and	17004
guidelines established in Chapter 153. of the Revised Code.	17005

Section 305.10.  SATISFACTION OF JUDGMENTS AND SETTLEMENTS	17006
AGAINST THE STATE	17007

Except as otherwise provided in this section, an	17008
appropriation in this act or any other act may be used for the	17009
purpose of satisfying judgments, settlements, or administrative	17010
awards ordered or approved by the Court of Claims or by any other	17011
court of competent jurisdiction in connection with civil actions	17012
against the state. This authorization does not apply to	17013
appropriations to be applied to or used for payment of guarantees	17014
by or on behalf of the state, or for payments under lease	17015
agreements relating to or debt service on bonds, notes, or other	17016
obligations of the state. Notwithstanding any other section of law	17017
to the contrary, this authorization includes appropriations from	17018
funds into which proceeds or direct obligations of the state are	17019
deposited only to the extent that the judgment, settlement, or	17020
administrative award is for or represents capital costs for which	17021
the appropriation may otherwise be used and is consistent with the	17022
purpose for which any related obligations were issued or entered	17023
into. Nothing contained in this section is intended to subject the	17024
state to suit in any forum in which it is not otherwise subject to	17025
suit, and it is not intended to waive or compromise any defense or	17026
right available to the state in any suit against it.	17027

Section 307.10. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET	17028
AND MANAGEMENT	17029

Notwithstanding section 126.14 of the Revised Code,	17030
appropriations for appropriation item CAP-003, Community-Based	17031
Correctional Facilities, appropriated from the Adult Correctional	17032
Building Fund (Fund 027) to the Department of Rehabilitation and	17033
Correction shall be released upon the written approval of the	17034
Director of Budget and Management. The appropriations from the	17035
Public School Building Fund (Fund 021) and the School Building	17036
Program Assistance Fund (Fund 032) to the School Facilities	17037
Commission, from the Clean Ohio Conservation Fund (Fund 056), the	17038
State Capital Improvement Fund (Fund 038), and the State Capital	17039
Improvements Revolving Loan Fund (Fund 040) to the Public Works	17040
Commission shall be released upon presentation of a request to	17041
release the funds, by the agency to which the appropriation has	17042
been made, to the Director of Budget and Management.	17043

Section 309.10. PREVAILING WAGE REQUIREMENT

17044

Except as provided in section 4115.04 of the Revised Code, no	17045
moneys appropriated or reappropriated by the 126th General	17046
Assembly shall be used for the construction of public	17047
improvements, as defined in section 4115.03 of the Revised Code,	17048
unless the mechanics, laborers, or workers engaged therein are	17049
paid the prevailing rate of wages as prescribed in section 4115.04	17050
of the Revised Code. Nothing in this section shall affect the	17051
wages and salaries established for state employees under the	17052
provisions of Chapter 124. of the Revised Code, or collective	17053
bargaining agreements entered into by the state pursuant to	17054
Chapter 4117. of the Revised Code, while engaged on force account	17055
work, nor shall this section interfere with the use of inmate and	17056
patient labor by the state.	17057

Section 311.10. CAPITAL FACILITIES LEASES

17058

Capital facilities for which appropriations are made from the	17059
Highway Safety Building Fund (Fund 025), the Administrative	17060
Building Fund (Fund 026), the Adult Correctional Building Fund	17061
(Fund 027), and the Juvenile Correctional Building Fund (Fund 028)	17062
may be leased by the Ohio Building Authority to the Department of	17063
Public Safety, the Department of Youth Services, the Department of	17064
Administrative Services, and the Department of Rehabilitation and	17065
Correction, and other agreements may be made by the Ohio Building	17066
Authority and the departments with respect to the use or purchase	17067
of the capital facilities, or subject to the approval of the	17068
director of the department or the commission, the Ohio Building	17069
Authority may lease the capital facilities to, and make other	17070
agreements with respect to the use or purchase of the capital	17071
facilities with, any governmental agency or nonprofit corporation	17072
having authority under law to own, lease, or operate the capital	17073
facilities. The director of the department or the commission may	17074
sublease the capital facilities to, and make other agreements with	17075
respect to the use or purchase of the capital facilities with, any	17076
such governmental agency or nonprofit corporation, which	17077
agreements may include provisions for transmittal of receipts of	17078
the agency or nonprofit corporation of any charges for the use of	17079
the facilities, all upon such terms and conditions as the parties	17080
may agree upon and subject to any other provision of law affecting	17081
the leasing, acquisition, or disposition of capital facilities by	17082
the parties.	17083

Section 313.10. AUTHORIZATION OF THE DIRECTOR OF BUDGET AND	17084
MANAGEMENT	17085

The Director of Budget and Management shall authorize both of	17086
the following:	17087

(A) The initial release of moneys for projects from the funds	17088
into which proceeds of direct obligations of the state are	17089
deposited;	17090

(B) The expenditure or encumbrance of moneys from funds into	17091
which proceeds of direct obligations are deposited, but only after	17092
determining to the director's satisfaction that either of the	17093
following applies:	17094

(1) The application of the moneys to the particular project	17095
will not negatively affect any exemption or exclusion from federal	17096
income tax of the interest or interest equivalent on obligations	17097
issued to provide moneys to the particular fund.	17098

(2) Moneys for the project will come from the proceeds of	17099
obligations, the interest on which is not so excluded or exempt	17100
and which have been authorized as "taxable obligations" by the	17101
issuing authority.	17102

The director shall report any nonrelease of moneys pursuant	17103
to this section to the Governor, the presiding officer of each	17104
house of the General Assembly, and the agency for the use of which	17105
the project is intended.	17106

Section 315.10. SCHOOL FACILITIES ENCUMBRANCES AND	17107
REAPPROPRIATION	17108

At the request of the Executive Director of the Ohio School	17109
Facilities Commission, the Director of Budget and Management may	17110
cancel encumbrances for school district projects from a previous	17111
biennium if the district has not raised its local share of project	17112
costs within one year after receiving Controlling Board approval	17113
in accordance with section 3318.05 of the Revised Code. The	17114
Executive Director of the Ohio School Facilities Commission shall	17115
certify the amounts of these canceled encumbrances to the Director	17116
of Budget and Management on a quarterly basis. The amounts of the	17117
canceled encumbrances are hereby appropriated.	17118

Section 317.10. CERTIFICATE OF NEED REQUIREMENT

17119

No appropriation for a health care facility authorized under	17120
this act may be released until the requirements of sections	17121
3702.51 to 3702.68 of the Revised Code have been met.	17122

Section 319.10. DISTRIBUTION OF PROCEEDS FROM ASBESTOS	17123
ABATEMENT LITIGATION	17124

All proceeds received by the state as a result of litigation,	17125
judgments, settlements, or claims, filed by or on behalf of any	17126
state agency, as defined by section 1.60 of the Revised Code, or	17127
state-supported or state-assisted institution of higher education,	17128
for damages or costs resulting from the use, removal, or hazard	17129
abatement of asbestos materials shall be deposited in the Asbestos	17130
Abatement Distribution Fund (Fund 674). All funds deposited into	17131
the Asbestos Abatement Distribution Fund are hereby appropriated	17132
to the Attorney General. To the extent practicable, the proceeds	17133
placed in the Asbestos Abatement Distribution Fund shall be	17134
divided among the state agencies and state-supported or	17135
state-assisted institutions of higher education in accordance with	17136
the general provisions of the litigation regarding the percentage	17137
of recovery. Distribution of the proceeds to each state agency or	17138
state-supported or state-assisted institution of higher education	17139
shall be made in accordance with the Asbestos Abatement	17140
Distribution Plan to be developed by the Attorney General, the	17141
General Services Division within the Department of Administrative	17142
Services, and the Office of Budget and Management.	17143

In those circumstances where asbestos litigation proceeds are	17144
for reimbursement of expenditures made with funds outside the	17145
state treasury or damages to buildings not constructed with state	17146
appropriations, direct payments shall be made to the affected	17147
institutions of higher education. Any proceeds received for	17148
reimbursement of expenditures made with funds within the state	17149
treasury or damages to buildings occupied by state agencies shall	17150
be distributed to the affected agencies with an intrastate	17151
transfer voucher to the funds identified in the Asbestos Abatement	17152
Distribution Plan.	17153

These proceeds shall be used for additional asbestos	17154
abatement or encapsulation projects, or for other capital	17155
improvements, except that proceeds distributed to the General	17156
Revenue Fund and other funds that are not bond improvement funds	17157
may be used for any purpose. The Controlling Board may, for bond	17158
improvement funds, create appropriation items or increase	17159
appropriation authority in existing appropriation items equaling	17160
the amount of the proceeds. The amounts approved by the	17161
Controlling Board are hereby appropriated. The proceeds deposited	17162
in bond improvement funds shall not be expended until released by	17163
the Controlling Board, which shall require certification by the	17164
Director of Budget and Management that the proceeds are sufficient	17165
and available to fund the additional anticipated expenditures.	17166

Section 321.10. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE	17167
REVISED CODE	17168

The capital improvements for which appropriations are made in	17169
this act from the Third Frontier Research and Development Fund	17170
(Fund 011), the Job Ready Site Development Fund (Fund 012), the	17171
Ohio Parks and Natural Resources Fund (Fund 031), the School	17172
Building Program Assistance Fund (Fund 032), the Higher Education	17173
Improvement Fund (Fund 034), the State Capital Improvements Fund	17174
(Fund 038), the Clean Ohio Conservation Fund (Fund 056), the Clean	17175
Ohio Agricultural Easement Fund (Fund 057), and the Clean Ohio	17176
Trail Fund (Fund 061) are determined to be capital improvements	17177
and capital facilities for research and development, preparation	17178
of sites, natural resources, a statewide system of common schools,	17179
state-supported and state-assisted institutions of higher	17180
education, local subdivision capital improvement projects, and	17181
conservation purposes (under the Clean Ohio Program) and are	17182
designated as capital facilities to which proceeds of obligations	17183
issued under Chapter 151. of the Revised Code are to be applied.	17184

Section 321.20. OBLIGATIONS ISSUED UNDER CHAPTER 152. OF THE	17185
REVISED CODE	17186

The capital improvements for which appropriations are made in	17187
this act from the Highway Safety Building Fund (Fund 025), the	17188
Administrative Building Fund (Fund 026), the Adult Correctional	17189
Building Fund (Fund 027), the Juvenile Correctional Building Fund	17190
(Fund 028), and the Transportation Building Fund (Fund 029) are	17191
determined to be capital improvements and capital facilities for	17192
housing state agencies and branches of state government and are	17193
designated as capital facilities to which proceeds of obligations	17194
issued under Chapter 152. of the Revised Code are to be applied.	17195

Section 321.30. OBLIGATIONS ISSUED UNDER CHAPTER 154. OF THE	17196
REVISED CODE	17197

The capital improvements for which appropriations are made in	17198
this act from the Cultural and Sports Facilities Building Fund	17199
(Fund 030), the Mental Health Facilities Improvement Fund (Fund	17200
033), and the Parks and Recreation Improvement Fund (Fund 035) are	17201
determined to be capital improvements and capital facilities for	17202
housing state agencies and branches of government, mental hygiene	17203
and retardation, and parks and recreation and are designated as	17204
capital facilities to which proceeds of obligations issued under	17205
Chapter 154. of the Revised Code are to be applied.	17206

Section 323.10. TRANSFER OF OPEN ENCUMBRANCES

17207

Upon the request of the agency to which a capital project	17208
appropriation item is appropriated, the Director of Budget and	17209
Management may transfer open encumbrance amounts between separate	17210
encumbrances for the project appropriation item to the extent that	17211
any reductions in encumbrances are agreed to by the contracting	17212
vendor and the agency.	17213

Section 325.10. LITIGATION PROCEEDS TO THE ADMINISTRATIVE	17214
BUILDING FUND	17215

Any proceeds received by the state as the result of	17216
litigation or a settlement agreement related to any liability for	17217
the planning, design, engineering, construction, or construction	17218
management of facilities operated by the Department of	17219
Administrative Services shall be deposited into the Administrative	17220
Building Fund (Fund 026).	17221

Section 327.10. COAL RESEARCH AND DEVELOPMENT BONDS

17222

The Ohio Public Facilities Commission, upon the request of	17223
the Director of the Ohio Coal Development Office with the advice	17224
of the Technical Advisory Committee created in section 1551.35 of	17225
the Revised Code and with the approval of the Director of the Air	17226
Quality Development Authority, is hereby authorized to issue and	17227
sell, in accordance with Section 15 of Article VIII, Ohio	17228
Constitution, and Chapter 151. of the Revised Code, and	17229
particularly sections 151.01 and 151.07 and other applicable	17230
sections of the Revised Code, bonds or other obligations of the	17231
state heretofore authorized by prior acts of the General Assembly.	17232
The obligations shall be issued, subject to applicable	17233
constitutional and statutory limitations, to provide sufficient	17234
moneys to the credit of the Coal Research and Development Fund	17235
created in section 1555.15 of the Revised Code to pay costs	17236
charged to the fund when due as estimated by the Director of the	17237
Ohio Coal Development Office.	17238

Section 329.10. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT

17239

The Ohio Administrative Knowledge System (OAKS) shall be an	17240
enterprise resource planning system that replaces the state's	17241
central services infrastructure systems, including the Central	17242
Accounting System, the Human Resources/Payroll System, the Capital	17243
Improvements Projects Tracking System, the Fixed Assets Management	17244
System, and the Procurement System. The Department of	17245
Administrative Services, in conjunction with the Office of Budget	17246
and Management, may acquire the system, including, but not limited	17247
to, the enterprise resource planning software and installation and	17248
implementation thereof pursuant to Chapter 125. of the Revised	17249
Code. Any lease-purchase arrangement utilized under Chapter 125.	17250
of the Revised Code, including any fractionalized interest therein	17251
as defined in division (N) of section 133.01 of the Revised Code,	17252
shall provide at the end of the lease period that OAKS shall	17253
become the property of the state.	17254

Section 331.10.  Sections 201.10 to 239.20 of this act shall	17255
remain in full force and effect commencing on July 1, 2006, and	17256
terminating on June 30, 2008, for the purpose of drawing money	17257
from the state treasury in payment of liabilities lawfully	17258
incurred under those sections, and on June 30, 2008, and not	17259
before, the moneys hereby appropriated shall lapse into the funds	17260
from which they are severally appropriated. Because if, under	17261
Section 1c of Article II, Ohio Constitution, Sections 201.10 to	17262
239.20 of this act do not take effect until after July 1, 2006,	17263
Sections 201.10 to 239.20 of this act shall be and remain in full	17264
force and effect commencing on that later effective date.	17265

Section 401.03. That Section 22.07 of Am. Sub. H.B. 16 of the	17266
126th General Assembly be amended to read as follows:	17267

Sec. 22.07.  The Treasurer of State is hereby authorized to	17268
issue and sell in accordance with SectionSections 2i and 16 of	17269
Article VIII, Ohio Constitution, and Chapter 154. of the Revised	17270
Code, particularly section 154.20 of the Revised Code, original	17271
obligations in an aggregate principal amount not to exceed	17272
$20,000,000 in addition to the original issuance of obligations	17273
heretofore authorized by prior acts of the General Assembly. The	17274
authorized obligations shall be issued, subject to applicable	17275
constitutional and statutory limitations, to pay costs of capital	17276
facilities as defined in section 154.01 of the Revised Code for	17277
mental hygiene and retardation.	17278

Section 401.04. That existing Section 22.07 of Am. Sub. H.B.	17279
16 of the 126th General Assembly is hereby repealed.	17280

Section 401.10. That Sections 203.12.06, 203.24, 203.57,	17281
203.81, 206.33, 206.66.06, 209.54, 209.63.03, 209.63.30, and	17282
209.93 of Am. Sub. H.B. 66 of the 126th General Assembly be	17283
amended to read as follows:	17284

Sec. 203.12.06. OHIO BUILDING AUTHORITY

17285

The foregoing appropriation item 100-447, OBA - Building Rent	17286
Payments, shall be used to meet all payments at the times they are	17287
required to be made during the period from July 1, 2005, to June	17288
30, 2007, by the Department of Administrative Services to the Ohio	17289
Building Authority pursuant to leases and agreements under Chapter	17290
152. of the Revised Code, but limited to the aggregate amount of	17291
$231,831,700. These appropriations are the source of funds pledged	17292
for bond service charges on obligations issued pursuant to Chapter	17293
152. of the Revised Code.	17294

The foregoing appropriation item 100-448, OBA - Building	17295
Operating Payments, shall be used to meet all payments at the	17296
times that they are required to be made during the period from	17297
July 1, 2005, to June 30, 2007, by the Department of	17298
Administrative Services to the Ohio Building Authority pursuant to	17299
leases and agreements under Chapter 152. of the Revised Code, but	17300
limited to the aggregate amount of $51,040,433.	17301

The payments to the Ohio Building Authority are for the	17302
purpose of paying the expenses of the Ohio Building Authority and	17303
the agencies that occupy space in the various state facilities.	17304
The Department of Administrative Services may enter into leases	17305
and agreements with the Ohio Building Authority providing for the	17306
payment of these expenses. The Ohio Building Authority shall	17307
report to the Department of Administrative Services and the Office	17308
of Budget and Management not later than five months after the	17309
start of a fiscal year the actual expenses incurred by the Ohio	17310
Building Authority in operating the facilities and any balances	17311
remaining from payments and rentals received in the prior fiscal	17312
year. The Department of Administrative Services shall reduce	17313
subsequent payments by the amount of the balance reported to it by	17314
the Ohio Building Authority.	17315

Sec. 203.24. AGR DEPARTMENT OF AGRICULTURE

17316

General Revenue Fund

17317

GRF	700-321		Operating Expenses		$	2,605,330		$	2,605,330		17318
GRF	700-401		Animal Disease Control		$	3,574,506		$	3,574,506		17319
GRF	700-403		Dairy Division		$	1,304,504		$	1,304,504		17320
GRF	700-404		Ohio Proud		$	185,395		$	185,395		17321
GRF	700-405		Animal Damage Control		$	60,000		$	60,000		17322
GRF	700-406		Consumer Analytical Lab		$	819,907		$	819,907		17323
GRF	700-407		Food Safety		$	939,099		$	939,099		17324
GRF	700-409		Farmland Preservation		$	241,573		$	241,573		17325
GRF	700-410		Plant Industry		$	391,216		$	50,000		17326
GRF	700-411		International Trade and Market Development		$	617,524		$	517,524		17327
GRF	700-412		Weights and Measures		$	1,100,000		$	1,300,000		17328
GRF	700-413		Gypsy Moth Prevention		$	200,000		$	200,000		17329
GRF	700-415		Poultry Inspection		$	325,000		$	325,000		17330
GRF	700-418		Livestock Regulation Program		$	1,428,496		$	1,428,496		17331
GRF	700-422		Emergency Preparedness Supplies and Equipment		$	0		$	634,000		17332
GRF	700-424		Livestock Testing and Inspections		$	115,946		$	115,946		17333
GRF	700-499		Meat Inspection Program - State Share		$	4,696,889		$	4,696,889		17334
GRF	700-501		County Agricultural Societies		$	358,226		$	358,226		17335
TOTAL GRF General Revenue Fund					$	18,963,611		$	18,722,395		17336
					19,356,395		17337

Federal Special Revenue Fund Group

17338

3J4	700-607		Indirect Cost		$	1,500,027		$	1,500,027		17339
3R2	700-614		Federal Plant Industry		$	4,800,000		$	4,800,000		17340
326	700-618		Meat Inspection Program - Federal Share		$	5,201,291		$	5,201,291		17341
336	700-617		Ohio Farm Loan Revolving Fund		$	43,793		$	44,679		17342
382	700-601		Cooperative Contracts		$	4,300,000		$	4,300,000		17343
TOTAL FED Federal Special Revenue											17344
Fund Group					$	15,845,111		$	15,845,997		17345

State Special Revenue Fund Group

17346

4C9	700-605		Feed, Fertilizer, Seed, and Lime Inspection		$	1,922,857		$	1,891,395		17347
4D2	700-609		Auction Education		$	23,885		$	24,601		17348
4E4	700-606		Utility Radiological Safety		$	73,059		$	73,059		17349
4P7	700-610		Food Safety Inspection		$	816,096		$	858,096		17350
4R0	700-636		Ohio Proud Marketing		$	38,300		$	38,300		17351
4R2	700-637		Dairy Industry Inspection		$	1,541,466		$	1,621,460		17352
4T6	700-611		Poultry and Meat Inspection		$	47,294		$	47,294		17353
4T7	700-613		International Trade and Market Development		$	52,000		$	54,000		17354
494	700-612		Agricultural Commodity Marketing Program		$	170,220		$	170,220		17355
496	700-626		Ohio Grape Industries		$	1,071,099		$	1,071,054		17356
497	700-627		Commodity Handlers Regulatory Program		$	515,820		$	529,978		17357
5B8	700-629		Auctioneers		$	365,390		$	365,390		17358
5H2	700-608		Metrology Lab and Scale Certification		$	351,526		$	362,526		17359
5L8	700-604		Livestock Management Program		$	30,000		$	30,000		17360
578	700-620		Ride Inspection Fees		$	1,105,436		$	1,115,436		17361
652	700-634		Animal Health and Food Safety		$	1,876,624		$	1,831,232		17362
669	700-635		Pesticide Program		$	2,993,232		$	3,354,448		17363
TOTAL SSR State Special Revenue											17364
Fund Group					$	12,994,304		$	13,438,489		17365

Clean Ohio Fund Group

17366

057	700-632		Clean Ohio Agricultural Easement		$	149,000		$	149,000		17367
TOTAL CLR Clean Ohio Fund Group					$	149,000		$	149,000		17368

TOTAL ALL BUDGET FUND GROUPS					$	47,952,026		$	48,155,881		17369
					48,789,881		17370

OHIO - ISRAEL AGRICULTURAL INITIATIVE

17371

Of the foregoing General Revenue Fund appropriation item	17372
700-411, International Trade and Market Development, $100,000	17373
shall be used in fiscal year 2006 for the Ohio - Israel	17374
Agricultural Initiative.	17375

EMERGENCY PREPAREDNESS SUPPLIES AND EQUIPMENT

17376

The foregoing appropriation item 700-422, Emergency	17377
Preparedness Supplies and Equipment, may only be used for	17378
purchasing items contained within a plan that has been submitted	17379
to and approved by the Controlling Board.	17380

FAMILY FARM LOAN PROGRAM

17381

Notwithstanding Chapter 166. of the Revised Code, up to	17382
$1,000,000 in each fiscal year shall be transferred from moneys in	17383
the Facilities Establishment Fund (Fund 037) to the Family Farm	17384
Loan Fund (Fund 5H1) in the Department of Development. These	17385
moneys shall be used for loan guarantees. The transfer is subject	17386
to Controlling Board approval.	17387

Financial assistance from the Family Farm Loan Fund (Fund	17388
5H1) shall be repaid to Fund 5H1. This fund is established in	17389
accordance with sections 166.031, 901.80, 901.81, 901.82, and	17390
901.83 of the Revised Code.	17391

When the Family Farm Loan Fund (Fund 5H1) ceases to exist,	17392
all outstanding balances, all loan repayments, and any other	17393
outstanding obligations shall revert to the Facilities	17394
Establishment Fund (Fund 037).	17395

CASH TRANSFER TO COOPERATIVE CONTRACTS FUND

17396

On the effective date of this amendment, or as soon as	17397
possible thereafter, the Director of Budget and Management may	17398
transfer $111,668.76 in cash from the General Revenue Fund to the	17399
Cooperative Contracts Fund (Fund 382) to correct wire transfers to	17400
the Department of Agriculture that were mistakenly deposited in	17401
the General Revenue Fund.	17402

Sec. 203.57.  OBM OFFICE OF BUDGET AND MANAGEMENT

17403

General Revenue Fund

17404

GRF	042-321		Budget Development and Implementation		$	2,143,886		$	2,143,886		17405
GRF	042-410		National Association Dues		$	27,089		$	28,173		17406
GRF	042-412		Audit of Auditor of State		$	55,900		$	58,700		17407
GRF	042-435		Gubernatorial Transition		$	0		$	250,000		17408
TOTAL GRF General Revenue Fund					$	2,226,875		$	2,480,759		17409

General Services Fund Group

17410

105	042-603		Accounting and Budgeting		$	9,781,085		$	9,976,689		17411
TOTAL GSF General Services Fund Group					$	9,781,085		$	9,976,689		17412

State Special Revenue Fund Group

17413

5N4	042-602		OAKS Project Implementation		$	2,262,441		$	2,272,595		17414
TOTAL SSR State Special Revenue Fund Group					$	2,262,441		$	2,272,595		17415
TOTAL ALL BUDGET FUND GROUPS					$	14,270,401		$	14,730,043		17416

AUDIT COSTS

17417

Of the foregoing appropriation item 042-603, Accounting and	17418
Budgeting, not more than $420,000 in fiscal year 2006 and $425,000	17419
in fiscal year 2007 shall be used to pay for centralized audit	17420
costs associated with either Single Audit Schedules or financial	17421
statements prepared in conformance with generally accepted	17422
accounting principles for the state.	17423

OAKS PROJECT IMPLEMENTATION

17424

Notwithstanding section 126.25 of the Revised Code, in fiscal	17425
years 2006 and 2007, rebates or revenue shares received from any	17426
state payment card program established under division (B) of	17427
section 126.21 of the Revised Code may be deposited into the OAKS	17428
Project Implementation Fund (Fund 5N4).	17429

MEDICAID AGENCY TRANSITION

17430

Upon the transfer of appropriations to GRF appropriation item	17431
042-416, Medicaid Agency Transition, the Director of Budget and	17432
Management may retain staff of the Medicaid Administrative Study	17433
Council, hire staff, enter into contracts, and take other steps	17434
necessary to complete the transition tasks identified in the	17435
Medicaid Administrative Study Council report or other tasks	17436
considered necessary to create a new Department of Medicaid. Any	17437
contracts entered into under this paragraph shall be exempt from	17438
the authority and supervision of the Department of Administrative	17439
Services and the Office of Information Technology.	17440

Sec. 203.81.  CEB CONTROLLING BOARD

17441

General Revenue Fund

17442

GRF	911-401		Emergency Purposes/Contingencies		$	5,000,000		$	5,000,000 8,000,000		17443
GRF	911-404		Mandate Assistance		$	650,000		$	650,000		17444
GRF	911-441		Ballot Advertising Costs		$	300,000		$	300,000		17445
TOTAL GRF General Revenue Fund					$	5,950,000		$	5,950,000 8,950,000		17446
TOTAL ALL BUDGET FUND GROUPS					$	5,950,000		$	5,950,000 8,950,000		17447

FEDERAL SHARE

17448

In transferring appropriations to or from appropriation items	17449
that have federal shares identified in this actAm. Sub. H.B. 66	17450
of the 126th General Assembly, the Controlling Board shall add or	17451
subtract corresponding amounts of federal matching funds at the	17452
percentages indicated by the state and federal division of the	17453
appropriations in this act Am. Sub. H.B. 66 of the 126th General	17454
Assembly. Such changes are hereby appropriated.	17455

DISASTER ASSISTANCE

17456

Pursuant to requests submitted by the Department of Public	17457
Safety, the Controlling Board may approve transfers from	17458
appropriation item 911-401, Emergency Purposes/Contingencies, to	17459
Department of Public Safety appropriation items to provide funding	17460
for assistance to political subdivisions and individuals made	17461
necessary by natural disasters or emergencies. Such transfers may	17462
be requested and approved prior to or following the occurrence of	17463
any specific natural disasters or emergencies in order to	17464
facilitate the provision of timely assistance.	17465

DISASTER SERVICES

17466

Pursuant to requests submitted by the Department of Public	17467
Safety, the Controlling Board may approve transfers from the	17468
Disaster Services Fund (5E2) to a Department of Public Safety	17469
General Revenue Fund appropriation item to provide for assistance	17470
to political subdivisions made necessary by natural disasters or	17471
emergencies. These transfers may be requested and approved prior	17472
to the occurrence of any specific natural disasters or emergencies	17473
in order to facilitate the provision of timely assistance. The	17474
Emergency Management Agency of the Department of Public Safety	17475
shall use the funding for disaster aid requests that meet the	17476
Emergency Management Agency's criteria for assistance.	17477

The Disaster Services Fund (5E2) shall be used by the	17478
Controlling Board, pursuant to requests submitted by state	17479
agencies, to transfer cash and appropriation authority to any fund	17480
and appropriation item for the payment of state agency program	17481
expenses as follows:	17482

(A) The Southern Ohio flooding, referred to as	17483
FEMA-DR-1164-OH;	17484

(B) The flood and storm disaster referred to as	17485
FEMA-DR-1227-OH;	17486

(C) The Southern Ohio flooding, referred to as	17487
FEMA-DR-1321-OH;	17488

(D) The flooding referred to as FEMA-DR-1339-OH;

17489

(E) The tornado and storms referred to as FEMA-DR-1343-OH;

17490

(F) Other disasters declared by the Governor, if the Director	17491
of Budget and Management determines that sufficient funds exist	17492
beyond the expected program costs of these other disasters.	17493

The unencumbered balance of the Disaster Services Fund (5E2)	17494
at the end of fiscal year 2006 is transferred to fiscal year 2007	17495
for use for the same purposes as in fiscal year 2006.	17496

SOUTHERN OHIO CORRECTIONAL FACILITY COST

17497

The Division of Criminal Justice Services in the Department	17498
of Public Safety and the Public Defender Commission may each	17499
request, upon approval of the Director of Budget and Management,	17500
additional funds from appropriation item 911-401, Emergency	17501
Purposes/Contingencies, for costs related to the disturbance that	17502
occurred on April 11, 1993, at the Southern Ohio Correctional	17503
Facility in Lucasville, Ohio.	17504

MANDATE ASSISTANCE

17505

(A) The foregoing appropriation item 911-404, Mandate	17506
Assistance, shall be used to provide financial assistance to local	17507
units of government and school districts for the cost of the	17508
following two unfunded state mandates:	17509

(1) The cost to county prosecutors for prosecuting certain	17510
felonies that occur on the grounds of state institutions operated	17511
by the Department of Rehabilitation and Correction and the	17512
Department of Youth Services;	17513

(2) The cost to school districts of in-service training for	17514
child abuse detection.	17515

(B) The Division of Criminal Justice Services in the	17516
Department of Public Safety and the Department of Education may	17517
prepare and submit to the Controlling Board one or more requests	17518
to transfer appropriations from appropriation item 911-404,	17519
Mandate Assistance. The state agencies charged with this	17520
administrative responsibility are listed below, as well as the	17521
estimated annual amounts that may be used for each program of	17522
state financial assistance.	17523

		ADMINISTERING		ESTIMATED ANNUAL		17524
PROGRAM		AGENCY		AMOUNT		17525

Prosecution Costs		Division of Criminal		$150,000		17526
		Justice Services				17527
Child Abuse Detection Training Costs		Department of Education		$500,000		17528

(C) Subject to the total amount appropriated in each fiscal	17529
year for appropriation item 911-404, Mandate Assistance, the	17530
Division of Criminal Justice Services in the Department of Public	17531
Safety and the Department of Education may request from the	17532
Controlling Board that amounts smaller or larger than these	17533
estimated annual amounts be transferred to each program.	17534

(D) In addition to making the initial transfers requested by	17535
the Division of Criminal Justice Services in the Department of	17536
Public Safety and the Department of Education, the Controlling	17537
Board may transfer appropriations received by a state agency under	17538
this section back to appropriation item 911-404, Mandate	17539
Assistance, or to the other program of state financial assistance	17540
identified under this section.	17541

(E) It is expected that not all costs incurred by local units	17542
of government and school districts under each of the two programs	17543
of state financial assistance identified in this section will be	17544
fully reimbursed by the state. Reimbursement levels may vary by	17545
program and shall be based on: the relationship between the	17546
appropriation transfers requested by the Division of Criminal	17547
Justice Services in the Department of Public Safety and the	17548
Department of Education and provided by the Controlling Board for	17549
each of the programs; the rules and procedures established for	17550
each program by the administering state agency; and the actual	17551
costs incurred by local units of government and school districts.	17552

(F) Each of these programs of state financial assistance	17553
shall be carried out as follows:	17554

(1) PROSECUTION COSTS

17555

(a) Appropriations may be transferred to the Division of	17556
Criminal Justice Services in the Department of Public Safety to	17557
cover local prosecution costs for aggravated murder, murder,	17558
felonies of the first degree, and felonies of the second degree	17559
that occur on the grounds of institutions operated by the	17560
Department of Rehabilitation and Correction and the Department of	17561
Youth Services.	17562

(b) Upon a delinquency filing in juvenile court or the return	17563
of an indictment for aggravated murder, murder, or any felony of	17564
the first or second degree that was committed at a Department of	17565
Youth Services or a Department of Rehabilitation and Correction	17566
institution, the affected county may, in accordance with rules	17567
that the Division of Criminal Justice Services in the Department	17568
of Public Safety shall adopt, apply to the Division of Criminal	17569
Justice Services for a grant to cover all documented costs that	17570
are incurred by the county prosecutor's office.	17571

(c) Twice each year, the Division of Criminal Justice	17572
Services in the Department of Public Safety shall designate	17573
counties to receive grants from those counties that have submitted	17574
one or more applications in compliance with the rules that have	17575
been adopted by the Division of Criminal Justice Services for the	17576
receipt of such grants. In each year's first round of grant	17577
awards, if sufficient appropriations have been made, up to a total	17578
of $100,000 may be awarded. In each year's second round of grant	17579
awards, the remaining appropriations available for this purpose	17580
may be awarded.	17581

(d) If for a given round of grants there are insufficient	17582
appropriations to make grant awards to all the eligible counties,	17583
the first priority shall be given to counties with cases involving	17584
aggravated murder and murder; second priority shall be given to	17585
counties with cases involving a felony of the first degree; and	17586
third priority shall be given to counties with cases involving a	17587
felony of the second degree. Within these priorities, the grant	17588
awards shall be based on the order in which the applications were	17589
received, except that applications for cases involving a felony of	17590
the first or second degree shall not be considered in more than	17591
two consecutive rounds of grant awards.	17592

(2) CHILD ABUSE DETECTION TRAINING COSTS

17593

Appropriations may be transferred to the Department of	17594
Education for disbursement to local school districts as full or	17595
partial reimbursement for the cost of providing in-service	17596
training for child abuse detection. In accordance with rules that	17597
the department shall adopt, a local school district may apply to	17598
the department for a grant to cover all documented costs that are	17599
incurred to provide in-service training for child abuse detection.	17600
The department shall make grants within the limits of the funding	17601
provided.	17602

(G) Any moneys allocated within appropriation item 911-404,	17603
Mandate Assistance, not fully utilized may, upon application of	17604
the Ohio Public Defender Commission, and with the approval of the	17605
Controlling Board, be disbursed to boards of county commissioners	17606
to provide additional reimbursement for the costs incurred by	17607
counties in providing defense to indigent defendants pursuant to	17608
Chapter 120. of the Revised Code. Application for the unutilized	17609
funds shall be made by the Ohio Public Defender Commission at the	17610
first June meeting of the Controlling Board.	17611

The amount to be disbursed to each county shall be allocated	17612
proportionately on the basis of the total amount of reimbursement	17613
paid to each county as a percentage of the amount of reimbursement	17614
paid to all of the counties during the most recent state fiscal	17615
year for which data is available and as calculated by the Ohio	17616
Public Defender Commission.	17617

BALLOT ADVERTISING COSTS

17618

Pursuant to requests submitted by the Ohio Ballot Board, the	17619
Controlling Board shall approve transfers from the foregoing	17620
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	17621
Ballot Board appropriation item in order to reimburse county	17622
boards of elections for the cost of public notices associated with	17623
statewide ballot initiatives.	17624

Sec. 206.33.  ETH OHIO ETHICS COMMISSION

17625

General Revenue Fund

17626

GRF	146-321		Operating Expenses		$	1,536,213		$	1,536,213 1,742,213		17627
TOTAL GRF General Revenue Fund					$	1,536,213		$	1,536,213 1,742,213		17628

General Services Fund Group

17629

4M6	146-601		Operating Expenses		$	502,543		$	432,543		17630
TOTAL GSF General Services											17631
Fund Group					$	502,543		$	432,543		17632
TOTAL ALL BUDGET FUND GROUPS					$	2,038,756		$	1,968,756 2,174,756		17633

OPERATING EXPENSES

17634

Of the foregoing GRF appropriation item 146-321, Operating	17635
Expenses, in fiscal year 2007 $56,000 shall be used to complete	17636
the Financial Disclosure Database, and in addition to amounts	17637
already designated for investigative services, an additional	17638
$150,000 shall be used for that purpose.	17639

Sec. 206.66.06. GOVERNOR'S OFFICE OF FAITH-BASED AND	17640
COMMUNITY INITIATIVES	17641

Of the foregoing appropriation item 600-321, Support	17642
Services, up to $312,500 per fiscal year may be used to support	17643
the activities of the Governor's Office of Faith-Based and	17644
Community Initiatives.	17645

MEDICAID ADMINISTRATIVE STUDY COUNCIL FUNDING

17646

Of the foregoing appropriation item 600-321, Support	17647
Services, $1,000,000 in fiscal year 2006 and $500,000 in fiscal	17648
year 2007 shall be provided to the Medicaid Administrative Study	17649
Council to carry out the duties of the Council as specified under	17650
the section of this actAm. Sub. H.B. 66 of the 126th General	17651
Assembly entitled "MEDICAID ADMINISTRATIVE STUDY COUNCIL."	17652

MEDICAID AGENCY TRANSITION

17653

The Director of Budget and Management may transfer in the	17654
Department of Job and Family Services up to $1,000,000 in	17655
appropriations from GRF appropriation item 600-321, Support	17656
Services, to newly created GRF appropriation item 042-416,	17657
Medicaid Agency Transition, in the Office of Budget and	17658
Management. The amount transferred is hereby appropriated. The	17659
funds shall be administered by the Office of Budget and Management	17660
and shall be used as specified in Section 203.57 of Am. Sub. H.B.	17661
66 of the 126th General Assembly as amended by this act.	17662

Sec. 209.54.  PUC PUBLIC UTILITIES COMMISSION OF OHIO

17663

General Services Fund Group

17664

5F6	870-622		Utility and Railroad Regulation		$	31,272,222		$	31,272,223		17665
5F6	870-624		NARUC/NRRI Subsidy		$	167,233		$	167,233		17666
5F6	870-625		Motor Transportation Regulation		$	5,361,239		$	5,361,238		17667
TOTAL GSF General Services											17668
Fund Group					$	36,800,694		$	36,800,694		17669

Federal Special Revenue Fund Group

17670

3V3	870-604		Commercial Vehicle Information Systems/Networks		$	300,000		$	300,000		17671
333	870-601		Gas Pipeline Safety		$	597,957		$	597,957		17672
350	870-608		Motor Carrier Safety		$	7,027,712		$	7,027,712		17673
TOTAL FED Federal Special Revenue											17674
Fund Group					$	7,925,669		$	7,925,669		17675

State Special Revenue Fund Group

17676

4A3	870-614		Grade Crossing Protection Devices-State		$	1,349,757		$	1,349,757		17677
4L8	870-617		Pipeline Safety-State		$	187,621		$	187,621		17678
4S6	870-618		Hazardous Material Registration		$	464,325		$	464,325		17679
4S6	870-621		Hazardous Materials Base State Registration		$	373,346		$	373,346		17680
4U8	870-620		Civil Forfeitures		$	284,986		$	284,986		17681
5BP	870-623		Wireless 911 9-1-1 Administration		$	650,000		$	375,000		17682
559	870-605		Public Utilities Territorial Administration		$	4,000		$	4,000		17683
560	870-607		Special Assessment		$	100,000		$	100,000		17684
561	870-606		Power Siting Board		$	337,210		$	337,210		17685
638	870-611		Biomass Energy Program		$	40,000		$	40,000		17686
661	870-612		Hazardous Materials Transportation		$	900,000		$	900,000		17687
TOTAL SSR State Special Revenue											17688
Fund Group					$	4,691,245		$	4,416,245		17689

Agency Fund Group

17690

4G4	870-616		Base State Registration Program		$	5,600,000		$	5,600,000		17691
TOTAL AGY Agency Fund Group					$	5,600,000		$	5,600,000		17692
TOTAL ALL BUDGET FUND GROUPS					$	55,017,608		$	54,742,608		17693

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT

17694

The Commercial Vehicle Information Systems and Networks Fund	17695
is hereby created in the state treasury. The fund shall receive	17696
funding from the United States Department of Transportation's	17697
Commercial Vehicle Intelligent Transportation System	17698
Infrastructure Deployment Program and shall be used to deploy the	17699
Ohio Commercial Vehicle Information Systems and Networks Project	17700
and to expedite and improve the safety of motor carrier operations	17701
through electronic exchange of data by means of on-highway	17702
electronic systems.	17703

On the effective date of this amendment, or as soon as	17704
possible thereafter, the Director of Budget and Management shall	17705
transfer $150,000 in cash from Fund 3V3, Commercial Vehicle	17706
Information Systems/Networks, to Fund 4U8, Civil Forfeitures, and	17707
$350,000 in cash from Fund 3V3, Commercial Vehicle Information	17708
Systems/Networks, to Fund 4S6, Hazardous Materials Registration.	17709
The purpose of the transfers is to repay the temporary cash	17710
transfers that were made into Fund 3V3, Commercial Vehicle	17711
Information Systems/Networks, in fiscal year 2002.	17712

ENHANCED AND WIRELESS ENHANCED 9-1-1

17713

The foregoing appropriation item 870-623, Wireless 9119-1-1	17714
Administration, shall be used pursuant to section 4931.63 of the	17715
Revised Code.	17716

CASH TRANSFER TO THE PUBLIC UTILITIES FUND

17717

If the cash available in the Public Utilities Fund (Fund 5F6)	17718
is insufficient to support the fiscal year 2007 appropriation to	17719
appropriation item 870-625, Motor Transportation Regulation,	17720
because of delayed implementation of the federal Unified Carrier	17721
Registration Program, the Chairman of the Public Utilities	17722
Commission shall notify the Director of Budget and Management.	17723
Upon receiving the notification, the Director may transfer up to	17724
$2,100,000 in fiscal year 2007 from the General Revenue Fund to	17725
the Public Utilities Fund (Fund 5F6).	17726

If, after receiving any transfers pursuant to the preceding	17727
paragraph, the Public Utilities Fund (Fund 5F6) receives revenue	17728
for the purpose of motor transportation regulation pursuant to a	17729
continuation of the Single-State Registration Program or the	17730
implementation of the Unified Carrier Registration Program, the	17731
Director of Budget and Management may transfer cash from the	17732
Public Utilities Fund (Fund 5F6) to the General Revenue Fund up to	17733
the amount originally transferred pursuant to the preceding	17734
paragraph.	17735

Sec. 209.63.03. OPERATING EXPENSES

17736

Of the foregoing appropriation item 235-321, Operating	17737
Expenses, up to $150,000 in each fiscal year shall be used in	17738
conjunction with funding provided in the Department of Education	17739
budget under appropriation item 200-427, Academic Standards, to	17740
create Ohio's Partnership for Continued Learning, in consultation	17741
with the Governor's Office. The Partnership, which replaces and	17742
broadens the former Joint Council of the Department of Education	17743
and the Board of Regents, shall advise and make recommendations to	17744
promote collaboration among relevant state entities in an effort	17745
to help local communities develop coherent and successful "P-16"	17746
learning systems. The Director of Budget and Management may	17747
transfer any unencumbered fiscal year 2006 balance to fiscal year	17748
2007 to support the activities of the Partnership.	17749

Of the foregoing appropriation item 235-321, Operating	17750
Expenses, up to $50,000 in fiscal year 2007 may be used by the	17751
Board of Regents to work jointly with the Department of Education	17752
to create a system of pre-college stackable certificates pursuant	17753
to division (B) of section 3333.34 of the Revised Code.	17754

Of the foregoing appropriation item 235-321, Operating	17755
Expenses, $25,000 in fiscal year 2007 shall be used to support the	17756
activities of the North East Ohio Universities Collaboration and	17757
Innovation Study Commission.	17758

Sec. 209.63.30. ACCESS CHALLENGE

17759

In each fiscal year, the foregoing appropriation item	17760
235-418, Access Challenge, shall be distributed to Ohio's	17761
state-assisted access colleges and universities. For the purposes	17762
of this allocation, "access campuses" includes state-assisted	17763
community colleges, state community colleges, technical colleges,	17764
Shawnee State University, Central State University, Cleveland	17765
State University, the regional campuses of state-assisted	17766
universities, and, where they are organizationally distinct and	17767
identifiable, the community-technical colleges located at the	17768
University of Cincinnati, Youngstown State University, and the	17769
University of Akron.	17770

The purpose of Access Challenge is to reduce the student	17771
share of costs for resident undergraduates enrolled in lower	17772
division undergraduate courses at Ohio's access campuses. The	17773
long-term goal is to make the student share of costs for these	17774
students equivalent to the student share of costs for resident	17775
undergraduate students enrolled throughout Ohio's public colleges	17776
and universities. Access Challenge appropriations shall be used in	17777
both years of the biennium to sustain, as much as possible, the	17778
tuition restraint or tuition reduction that was achieved with	17779
Access Challenge allocations in prior years.	17780

In fiscal year 2006, Access Challenge subsidies shall be	17781
distributed by the Board of Regents to eligible access campuses on	17782
the basis of the average of each campus's share of fiscal year	17783
2003 and 2004 all-terms subsidy-eligible General Studies FTEs. In	17784
fiscal year 2007, Access Challenge subsidies shall be distributed	17785
by the Board of Regents to eligible access campuses on the basis	17786
of the average of each campus's share of fiscal year 2004 and 2005	17787
all-terms subsidy-eligible General Studies FTEs.	17788

For purposes of this calculation, Cleveland State	17789
University's enrollments shall be adjusted by the ratio of the sum	17790
of subsidy-eligible lower-division FTE student enrollments	17791
eligible for access funding to the sum of subsidy-eligible General	17792
Studies FTE student enrollments at Central State University and	17793
Shawnee State University, and for the following universities and	17794
their regional campuses: the Ohio State University, Ohio	17795
University, Kent State University, Bowling Green State University,	17796
Miami University, the University of Cincinnati, the University of	17797
Akron, and Wright State University.	17798

Of the foregoing appropriation item 235-418, Access	17799
Challenge, $10,172,626 in fiscal year 2006 and $9,663,995	17800
$11,413,995 in fiscal year 2007 shall be used by Central State	17801
University to keep undergraduate fees below the statewide average,	17802
consistent with its mission of service to many first-generation	17803
college students from groups historically underrepresented in	17804
higher education and from families with limited incomes.	17805

Sec. 209.93.  SOS SECRETARY OF STATE

17806

General Revenue Fund

17807

GRF	050-321		Operating Expenses		$	2,585,000		$	2,585,000		17808
GRF	050-403		Election Statistics		$	103,936		$	103,936		17809
GRF	050-407		Pollworkers Training		$	277,997		$	277,997		17810
GRF	050-409		Litigation Expenditures		$	4,652		$	4,652		17811
TOTAL GRF General Revenue Fund					$	2,971,585		$	2,971,585		17812

General Services Fund Group

17813

4S8	050-610		Board of Voting Machine Examiners		$	7,200		$	7,200		17814
412	050-609		Notary Commission		$	685,250		$	685,249		17815
413	050-601		Information Systems		$	169,955		$	169,955		17816
414	050-602		Citizen Education Fund		$	75,700		$	55,712		17817
TOTAL General Services Fund Group					$	938,105		$	918,116		17818

Federal Special Revenue Fund Group

17819

3AS	050-616		2005 HAVA Voting Machines		$	37,436,203		$	0		17820
3X4	050-612		Ohio Center/Law Related Educational Grant		$	41,000		$	41,000		17821
TOTAL FED Federal Special Revenue											17822
Fund Group					$	37,477,203		$	41,000		17823

State Special Revenue Fund Group

17824

5N9	050-607		Technology Improvements		$	129,565		$	129,565		17825
599	050-603		Business Services Operating Expenses		$	13,741,745		$	13,761,734		17826
TOTAL SSR State Special Revenue											17827
Fund Group					$	13,871,310		$	13,891,299		17828

Holding Account Redistribution Fund Group

17829

R01	050-605		Uniform Commercial Code Refunds		$	65,000		$	65,000		17830
R02	050-606		Corporate/Business Filing Refunds		$	100,000		$	100,000		17831
TOTAL 090 Holding Account											17832
Redistribution Fund Group					$	165,000		$	165,000		17833
TOTAL ALL BUDGET FUND GROUPS					$	55,423,203		$	17,987,000		17834

BOARD OF VOTING MACHINE EXAMINERS

17835

The foregoing appropriation item 050-610, Board of Voting	17836
Machine Examiners, shall be used to pay for the services and	17837
expenses of the members of the Board of Voting Machine Examiners,	17838
and for other expenses that are authorized to be paid from the	17839
Board of Voting Machine Examiners Fund, which is created in	17840
section 3506.05 of the Revised Code. Moneys not used shall be	17841
returned to the person or entity submitting the equipment for	17842
examination. If it is determined that additional appropriations	17843
are necessary, such amounts are appropriated.	17844

2005 HAVA VOTING MACHINES

17845

On July 1, 2005, or as soon as possible thereafter, the	17846
Secretary of State shall certify to the Director of Budget and	17847
Management the cash balance in Fund 3AR, appropriation item	17848
050-615, 2004 HAVA Voting Machines. The Director of Budget and	17849
Management shall transfer the certified amount of cash to Fund	17850
3AS, 050-616, 2005 HAVA Voting Machines, for use in fiscal year	17851
2006. The transferred amount is hereby appropriated.	17852

On July 1, 2006, or as soon as possible thereafter, the	17853
Director of Budget and Management shall transfer any remaining	17854
unexpended, unencumbered appropriations in Fund 3AS, appropriation	17855
item 050-616, 2005 HAVA Voting Machines, at the end of fiscal year	17856
2006 to fiscal year 2007 for use under the same appropriation	17857
item.	17858

On January 1, 2007, or as soon as possible thereafter, the	17859
Director of Budget and Management shall transfer up to $6,832,753	17860
in cash from the General Revenue Fund (GRF) to the credit of the	17861
Federal Election Reform Fund (Fund 3AA), the Election	17862
Reform/Health and Human Services Fund (Fund 3AH), the 2004 HAVA	17863
Voting Machines Fund (Fund 3AR), the 2005 HAVA Voting Machines	17864
Fund (Fund 3AS), and the Voter/Poll Worker Education Fund (Fund	17865
3AT).	17866

All investment earnings and amounts equal to the interest	17867
earnings from the first and second quarter of fiscal year 2007 of	17868
the federal Election Reform/Health and Human Services Fund (Fund	17869
3AH) and the 2005 HAVA Voting Machines Fund (Fund 3AS) shall be	17870
credited to the respective funds and distributed in accordance	17871
with the terms of the grant under which the money is received.	17872

Interest earnings from the federal Election Reform/Health and	17873
Human Services Fund (Fund 3AH) and the 2005 HAVA Voting Machines	17874
Fund (Fund 3AS) shall be credited to the respective funds and	17875
distributed in accordance with the terms of the grant under which	17876
the money is received.	17877

HOLDING ACCOUNT REDISTRIBUTION GROUP

17878

The foregoing appropriation items 050-605 and 050-606,	17879
Holding Account Redistribution Fund Group, shall be used to hold	17880
revenues until they are directed to the appropriate accounts or	17881
until they are refunded. If it is determined that additional	17882
appropriations are necessary, such amounts are appropriated.	17883

Section 401.11. That existing Sections 203.12.06, 203.24,	17884
203.57, 203.81, 206.33, 206.66.06, 209.54, 209.63.03, 209.63.30,	17885
and 209.93 of Am. Sub. H.B. 66 of the 126th General Assembly are	17886
hereby repealed.	17887

Section 403.10. That Section 203.99 of Am. Sub. H.B. 66 of	17888
the 126th General Assembly, as most recently amended by Sub. H.B.	17889
245 of the 126th General Assembly, be amended to read as follows:	17890

Sec. 203.99. DEV DEPARTMENT OF DEVELOPMENT

17891

General Revenue Fund

17892

GRF	195-321		Operating Expenses		$	2,738,908		$	2,723,908		17893
GRF	195-401		Thomas Edison Program		$	17,554,838		$	17,454,838		17894
GRF	195-404		Small Business Development		$	1,740,722		$	1,740,722		17895
GRF	195-405		Minority Business Development Division		$	1,580,291		$	1,580,291		17896
GRF	195-407		Travel and Tourism		$	6,812,845		$	6,712,845		17897
GRF	195-410		Defense Conversion Assistance		$	300,000		$	200,000		17898
GRF	195-412		Business Development Grants		$	11,750,000		$	11,750,000		17899
GRF	195-415		Economic Development Division and Regional Offices		$	5,794,975		$	5,894,975		17900
GRF	195-416		Governor's Office of Appalachia		$	4,122,372		$	4,122,372		17901
GRF	195-422		Third Frontier Action Fund		$	16,790,000		$	16,790,000		17902
GRF	195-426		Clean Ohio Implementation		$	300,000		$	300,000		17903
GRF	195-432		International Trade		$	4,223,787		$	4,223,787		17904
GRF	195-434		Investment in Training Grants		$	12,227,500		$	12,227,500		17905
GRF	195-436		Labor/Management Cooperation		$	811,869		$	811,869		17906
GRF	195-497		CDBG Operating Match		$	1,040,956		$	1,040,956		17907
GRF	195-498		State Match Energy		$	94,000		$	94,000		17908
GRF	195-501		Appalachian Local Development Districts		$	380,080		$	380,080		17909
GRF	195-502		Appalachian Regional Commission Dues		$	246,803		$	246,803		17910
GRF	195-507		Travel and Tourism Grants		$	1,287,500		$	1,162,500		17911
GRF	195-515		Economic Development Contingency		$	10,000,000		$	0		17912
GRF	195-905		Third Frontier Research & Development General Obligation Debt Service		$	0		$	13,910,000		17913
GRF	195-912		Job Ready Site Development General Obligation Debt Service		$	0		$	4,124,400		17914
TOTAL GRF General Revenue Fund					$	99,797,446		$	107,491,846		17915

General Services Fund Group

17916

135	195-605		Supportive Services		$	7,450,000		$	7,539,686		17917
5AD	195-667		Investment in Training Expansion		$	5,000,000		$	5,000,000		17918
5AD	195-668		Worker Guarantee Program		$	3,000,000		$	3,000,000		17919
5AD	195-677		Economic Development Contingency		$	0		$	10,000,000		17920
685	195-636		General Reimbursements		$	1,000,000		$	1,000,000		17921
TOTAL GSF General Services Fund											17922
Group					$	16,450,000		$	26,539,686		17923

Federal Special Revenue Fund Group

17924

3AE	195-643		Workforce Development Initiatives		$	5,800,000		$	5,800,000		17925
3K8	195-613		Community Development Block Grant		$	65,000,000		$	65,000,000		17926
3K9	195-611		Home Energy Assistance Block Grant		$	90,500,000		$	90,500,000		17927
3K9	195-614		HEAP Weatherization		$	16,219,478		$	16,219,478		17928
3L0	195-612		Community Services Block Grant		$	25,235,000		$	25,235,000		17929
3V1	195-601		HOME Program		$	40,000,000		$	40,000,000		17930
308	195-602		Appalachian Regional Commission		$	600,660		$	600,660		17931
308	195-603		Housing and Urban Development		$	5,000,000		$	5,000,000		17932
308	195-605		Federal Projects		$	15,300,249		$	15,300,249		17933
308	195-609		Small Business Administration		$	4,296,381		$	4,296,381		17934
308	195-618		Energy Federal Grants		$	3,397,659		$	3,397,659		17935
335	195-610		Oil Overcharge		$	3,000,000		$	3,000,000		17936
TOTAL FED Federal Special Revenue											17937
Fund Group					$	274,349,427		$	274,349,427		17938

State Special Revenue Fund Group

17939

4F2	195-639		State Special Projects		$	290,183		$	290,183		17940
4F2	195-676		Promote Ohio		$	5,228,210		$	5,228,210		17941
4S0	195-630		Enterprise Zone Operating		$	275,000		$	275,000		17942
4S1	195-634		Job Creation Tax Credit Operating		$	375,800		$	375,800		17943
4W1	195-646		Minority Business Enterprise Loan		$	2,580,597		$	2,580,597		17944
444	195-607		Water and Sewer Commission Loans		$	523,775		$	523,775		17945
450	195-624		Minority Business Bonding Program Administration		$	53,967		$	53,967		17946
451	195-625		Economic Development Financing Operating		$	2,358,311		$	2,358,311		17947
5CA	195-678		Shovel Ready Sites		$	5,000,000		$	5,000,000		17948
5CG	195-679		Alternative Fuel Transportation		$	150,000		$	1,150,000		17949
5CV	195-680		Defense Conversion Assistance		$	1,000,000		$	0		17950
5CY	195-682		Lung Cancer and Lung Disease Research		$	10,000,000		$	0		17951
5M4	195-659		Universal Service		$	210,000,000		$	210,000,000		17952
5M5	195-660		Energy Efficiency Loan and Grant		$	12,000,000		$	12,000,000		17953
5X1	195-651		Exempt Facility Inspection		$	25,000		$	25,000		17954
611	195-631		Water and Sewer Administration		$	15,713		$	15,713		17955
617	195-654		Volume Cap Administration		$	200,000		$	200,000		17956
646	195-638		Low- and Moderate- Income Housing Trust Fund		$	53,000,000		$	53,000,000		17957
TOTAL SSR State Special Revenue											17958
Fund Group					$	303,076,556		$	293,076,556		17959

Facilities Establishment Fund Group

17960

009	195-664		Innovation Ohio		$	50,000,000		$	50,000,000		17961
010	195-665		Research and Development		$	50,000,000		$	50,000,000		17962
037	195-615		Facilities Establishment		$	63,931,149		$	63,931,149 105,131,149		17963
4Z6	195-647		Rural Industrial Park Loan		$	3,000,000		$	3,000,000		17964
5D2	195-650		Urban Redevelopment Loans		$	5,475,000		$	5,475,000		17965
5H1	195-652		Family Farm Loan Guarantee		$	1,000,000		$	1,000,000		17966
5S8	195-627		Rural Development Initiative		$	3,000,000		$	3,000,000		17967
5S9	195-628		Capital Access Loan Program		$	3,000,000		$	3,000,000		17968
TOTAL 037 Facilities											17969
Establishment Fund Group					$	179,406,149		$	179,406,149 220,606,149		17970

Clean Ohio Revitalization Fund

17971

003	195-663		Clean Ohio Operating		$	350,000		$	350,000		17972
TOTAL 003 Clean Ohio Revitalization Fund					$	350,000		$	350,000		17973

Third Frontier Research & Development Fund Group

17974

011	195-686		Third Frontier Operating		$	713,028		$	1,932,056		17975
011	195-687		Third Frontier Research & Development Projects		$	100,000,000		$	100,000,000		17976
TOTAL 011 Third Frontier Research & Development Fund Group					$	100,713,028		$	101,932,056		17977

Job Ready Site Development Fund Group

17978

012	195-688		Job Ready Site Operating		$	622,200		$	746,155		17979
TOTAL 012 Job Ready Site Development Fund Group					$	622,200		$	746,155		17980

TOTAL ALL BUDGET FUND GROUPS

$

974,764,806

$

983,891,875 1,025,091,875

17981

Section 403.11. That existing Section 203.99 of Am. Sub. H.B.	17983
66 of the 126th General Assembly, as most recently amended by Sub.	17984
H.B. 245 of the 126th General Assembly, is hereby repealed.	17985

Section 405.10. That Section 203.27 of Am. Sub. H.B. 66 of	17986
the 126th General Assembly, as amended by Sub. H.B. 440 of the	17987
126th General Assembly, be amended to read as follows:	17988

Sec. 203.27.  AIR AIR QUALITY DEVELOPMENT AUTHORITY

17989

General Revenue Fund

17990

GRF	898-401		FutureGen Assistance		$	0		$	1,000,000		17991
GRF	898-402		Coal Development Office		$	568,814		$	573,814		17992
GRF	898-901		Coal R&D General Obligation Debt Service		$	7,071,100		$	8,980,800		17993
TOTAL GRF General Revenue Fund					$	7,639,914		$	10,554,614		17994

State Special Revenue Fund Group

17995

5DR	898-606		FutureGen Initiative		$	0		$	250,000		17996
TOTAL SSR State Special Revenue Fund Group					$	0		$	250,000		17997

Agency Fund Group

17998

4Z9	898-602		Small Business Ombudsman		$	263,165		$	264,196		17999
5A0	898-603		Small Business Assistance		$	71,087		$	71,087		18000
570	898-601		Operating Expenses		$	256,875		$	263,693		18001
TOTAL AGY Agency Fund Group					$	591,127		$	598,976		18002

Coal Research/Development Fund

18003

046	898-604		Coal Research and Development Fund		$	10,000,000		$	10,000,000		18004
TOTAL 046 Coal Research/Development Fund					$	10,000,000		$	10,000,000		18005
TOTAL ALL BUDGET FUND GROUPS					$	18,231,041		$	21,403,590		18006

COAL DEVELOPMENT OFFICE

18007

The foregoing appropriation item GRF 898-402, Coal	18008
Development Office, shall be used for the administrative costs of	18009
the Coal Development Office.	18010

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

18011

The foregoing appropriation item GRF 898-901, Coal R & D	18012
General Obligation Debt Service, shall be used to pay all debt	18013
service and related financing costs at the times they are required	18014
to be made under sections 151.01 and 151.07 of the Revised Code	18015
during the period from July 1, 2005, to June 30, 2007. The Office	18016
of the Sinking Fund or the Director of Budget and Management shall	18017
effectuate the required payments by intrastate transfer voucher.	18018

SCIENCE AND TECHNOLOGY COLLABORATION

18019

The Air Quality Development Authority shall work in close	18020
collaboration with the Department of Development, the Board of	18021
Regents, and the Third Frontier Commission in relation to	18022
appropriation items and programs referred to as Alignment Programs	18023
in the following paragraph, and other technology-related	18024
appropriations and programs in the Department of Development, Air	18025
Quality Development Authority, and the Board of Regents as those	18026
agencies may designate, to ensure implementation of a coherent	18027
state strategy with respect to science and technology.	18028

To the extent permitted by law, the Air Quality Development	18029
Authority shall assure that coal research and development	18030
programs, proposals, and projects consider or incorporate	18031
appropriate collaborations with Third Frontier Project programs	18032
and grantees and with Alignment Programs and grantees.	18033

"Alignment Programs" means: appropriation items 195-401,	18034
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	18035
Third Frontier Action Fund; 898-604, Coal Research and Development	18036
Fund; 235-433, Economic Growth Challenge; 235-508, Air Force	18037
Institute of Technology; 235-510, Ohio Supercomputer Center;	18038
235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute;	18039
235-535, Ohio Agricultural Research and Development Center;	18040
235-553, Dayton Area Graduate Studies Institute; 235-554,	18041
Priorities in Collaborative Graduate Education; 235-556, Ohio	18042
Academic Resources Network; and 195-435, Biomedical Research and	18043
Technology Transfer Trust.	18044

Consistent with the recommendations of the Governor's	18045
Commission on Higher Education and the Economy, Alignment Programs	18046
shall be managed and administered (1) to build on existing	18047
competitive research strengths, (2) to encourage new and emerging	18048
discoveries and commercialization of ideas and products that will	18049
benefit the Ohio economy, and (3) to assure improved collaboration	18050
among Alignment Programs, with programs administered by the Third	18051
Frontier Commission, and with other state programs that are	18052
intended to improve economic growth and job creation.	18053

As directed by the Third Frontier Commission, Alignment	18054
Program managers shall report to the Commission or to the Third	18055
Frontier Advisory Board on the contributions of their programs to	18056
achieving the objectives stated in the preceding paragraph.	18057

Each alignment program shall be reviewed annually by the	18058
Third Frontier Commission with respect to its development of	18059
complementary relationships within a combined state science and	18060
technology investment portfolio and its overall contribution to	18061
the state's science and technology strategy, including the	18062
adoption of appropriately consistent criteria for: (1) the	18063
scientific merit of activities supported by the program; (2) the	18064
relevance of the program's activities to commercial opportunities	18065
in the private sector; (3) the private sector's involvement in a	18066
process that continually evaluates commercial opportunities to use	18067
the work supported by the program; and (4) the ability of the	18068
program and recipients of grant funding from the program to engage	18069
in activities that are collaborative, complementary, and efficient	18070
with respect to the expenditure of state funds. Each alignment	18071
program shall provide annual reports to the Third Frontier	18072
Commission discussing existing, planned, or possible	18073
collaborations between programs and recipients of grant funding	18074
related to technology, development, commercialization, and	18075
supporting Ohio's economic development. The annual review by the	18076
Third Frontier Commission shall be a comprehensive review of the	18077
entire state science and technology program portfolio rather than	18078
a review of individual programs.	18079

Applicants for Third Frontier and Alignment Program funding	18080
shall identify their requirements for high-performance computing	18081
facilities and services, including both hardware and software, in	18082
all proposals. If an applicant's requirements exceed approximately	18083
$100,000 for a proposal, the Ohio Supercomputer Center shall	18084
convene a panel of experts. The panel shall review the proposal to	18085
determine whether the proposal's requirements can be met through	18086
Ohio Supercomputer Center facilities or through other means and	18087
report its conclusion to the Third Frontier Commission.	18088

To ensure that the state receives the maximum benefit from	18089
its investment in the Third Frontier Project and the Third	18090
Frontier Network, organizations receiving Third Frontier awards	18091
and Alignment Program awards shall, as appropriate, be expected to	18092
have a connection to the Third Frontier Network that enables them	18093
and their collaborators to achieve award objectives through the	18094
Third Frontier Network.	18095

FUTUREGEN ASSISTANCE

18096

The foregoing appropriation item GRF 898-401, FutureGen	18097
Assistance, shall be used to make grants for the drilling of a	18098
test well to assist the state's efforts to secure or support the	18099
development and operation of the United States Department of	18100
Energy FutureGen Initiative pursuant to section 3706.01 of the	18101
Revised Code, as amended by this act.	18102

FUTUREGEN INITIATIVE

18103

The foregoing appropriation item 5DR 898-606, FutureGen	18104
Initiative, shall be used to make grants for the drilling of a	18105
test well to assist the state's efforts to secure or support the	18106
development and operation of the United States Department of	18107
Energy FutureGen Initiative pursuant to section 3706.01 of the	18108
Revised Code, as amended by this act.	18109

Section 405.11. That existing Section 203.27 of Am. Sub. H.B.	18110
66 of the 126th General Assembly, as amended by Sub. H.B. 440 of	18111
the 126th General Assembly, is hereby repealed.	18112

Section 405.16. That Section 209.63 of Am. Sub. H.B. 66 of	18113
the 126th General Assembly, as amended by Sub. H.B. 478 and Am.	18114
Sub. H.B. 530, both of the 126th General Assembly, be amended to	18115
read as follows:	18116

Sec. 209.63.  BOR BOARD OF REGENTS

18117

General Revenue Fund

18118

GRF	235-321		Operating Expenses		$	2,897,659		$	2,966,351 2,991,351		18119
GRF	235-401		Lease Rental Payments		$	200,619,200		$	200,795,300		18120
GRF	235-402		Sea Grants		$	231,925		$	231,925		18121
GRF	235-406		Articulation and Transfer		$	2,900,000		$	2,900,000		18122
GRF	235-408		Midwest Higher Education Compact		$	90,000		$	90,000		18123
GRF	235-409		Information System		$	1,146,510		$	1,175,172		18124
GRF	235-414		State Grants and Scholarship Administration		$	1,352,811		$	1,382,881		18125
GRF	235-415		Jobs Challenge		$	9,348,300		$	9,348,300		18126
GRF	235-417		Ohio Learning Network		$	3,119,496		$	3,119,496		18127
GRF	235-418		Access Challenge		$	73,513,302		$	73,004,671 74,754,671		18128
GRF	235-420		Success Challenge		$	52,601,934		$	52,601,934		18129
GRF	235-428		Appalachian New Economy Partnership		$	1,176,068		$	1,176,068		18130
GRF	235-433		Economic Growth Challenge		$	20,343,097		$	23,186,194		18131
GRF	235-434		College Readiness and Access		$	6,375,975		$	7,655,425		18132
GRF	235-435		Teacher Improvement Initiatives		$	2,697,506		$	2,697,506		18133
GRF	235-451		Eminent Scholars		$	0		$	1,370,988		18134
GRF	235-455		EnterpriseOhio Network		$	1,373,941		$	1,373,941		18135
GRF	235-474		Area Health Education Centers Program Support		$	1,571,756		$	1,571,756		18136
GRF	235-501		State Share of Instruction		$	1,559,096,031		$	1,589,096,031		18137
GRF	235-502		Student Support Services		$	795,790		$	795,790		18138
GRF	235-503		Ohio Instructional Grants		$	121,151,870		$	92,496,969		18139
GRF	235-504		War Orphans Scholarships		$	4,672,321		$	4,672,321		18140
GRF	235-507		OhioLINK		$	6,887,824		$	6,887,824		18141
GRF	235-508		Air Force Institute of Technology		$	1,925,345		$	1,925,345		18142
GRF	235-510		Ohio Supercomputer Center		$	4,271,195		$	4,271,195		18143
GRF	235-511		Cooperative Extension Service		$	25,644,863		$	25,644,863		18144
GRF	235-513		Ohio University Voinovich Center		$	336,082		$	336,082		18145
GRF	235-515		Case Western Reserve University School of Medicine		$	3,011,271		$	3,011,271		18146
GRF	235-518		Capitol Scholarship Program		$	125,000		$	125,000		18147
GRF	235-519		Family Practice		$	4,548,470		$	4,548,470		18148
GRF	235-520		Shawnee State Supplement		$	1,918,830		$	1,822,889 2,056,986		18149
GRF	235-521		The Ohio State University Glenn Institute		$	286,082		$	286,082		18150
GRF	235-524		Police and Fire Protection		$	171,959		$	171,959		18151
GRF	235-525		Geriatric Medicine		$	750,110		$	750,110		18152
GRF	235-526		Primary Care Residencies		$	2,245,688		$	2,245,688		18153
GRF	235-527		Ohio Aerospace Institute		$	1,764,957		$	1,764,957		18154
GRF	235-530		Academic Scholarships		$	7,800,000		$	7,800,000		18155
GRF	235-531		Student Choice Grants		$	50,853,276		$	52,985,376		18156
GRF	235-534		Student Workforce Development Grants		$	2,137,500		$	2,137,500		18157
GRF	235-535		Ohio Agricultural Research and Development Center		$	35,955,188		$	35,955,188		18158
GRF	235-536		The Ohio State University Clinical Teaching		$	13,565,885		$	13,565,885		18159
GRF	235-537		University of Cincinnati Clinical Teaching		$	11,157,756		$	11,157,756		18160
GRF	235-538		University of Toledo Clinical Teaching		$	8,696,866		$	8,696,866		18161
GRF	235-539		Wright State University Clinical Teaching		$	4,225,107		$	4,225,107		18162
GRF	235-540		Ohio University Clinical Teaching		$	4,084,540		$	4,084,540		18163
GRF	235-541		Northeastern Ohio Universities College of Medicine Clinical Teaching		$	4,200,945		$	4,200,945		18164
GRF	235-543		Ohio College of Podiatric Medicine Clinic Subsidy		$	250,000		$	250,000		18165
GRF	235-547		School of International Business		$	450,000		$	450,000		18166
GRF	235-549		Part-time Student Instructional Grants		$	14,457,721		$	10,534,617		18167
GRF	235-552		Capital Component		$	19,059,866		$	19,059,866		18168
GRF	235-553		Dayton Area Graduate Studies Institute		$	2,806,599		$	2,806,599		18169
GRF	235-554		Priorities in Collaborative Graduate Education		$	2,355,548		$	2,355,548		18170
GRF	235-555		Library Depositories		$	1,696,458		$	1,696,458		18171
GRF	235-556		Ohio Academic Resources Network		$	3,727,223		$	3,727,223		18172
GRF	235-558		Long-term Care Research		$	211,047		$	211,047		18173
GRF	235-561		Bowling Green State University Canadian Studies Center		$	100,015		$	100,015		18174
GRF	235-563		Ohio College Opportunity Grant		$	0		$	58,144,139		18175
GRF	235-572		The Ohio State University Clinic Support		$	1,277,019		$	1,277,019		18176
GRF	235-583		Urban University Program		$	4,992,937		$	4,992,937		18177
GRF	235-587		Rural University Projects		$	1,147,889		$	1,147,889		18178
GRF	235-596		Hazardous Materials Program		$	360,435		$	360,435		18179
GRF	235-599		National Guard Scholarship Program		$	15,128,472		$	16,611,063		18180
GRF	235-909		Higher Education General Obligation Debt Service		$	137,600,300		$	152,114,100		18181
TOTAL GRF General Revenue Fund					$	2,469,261,760		$	2,548,148,872 2,550,157,969		18182

General Services Fund Group

18183

220	235-614		Program Approval and Reauthorization		$	400,000		$	400,000		18184
456	235-603		Sales and Services		$	700,000		$	900,000		18185
TOTAL GSF General Services											18186
Fund Group					$	1,100,000		$	1,300,000		18187

Federal Special Revenue Fund Group

18188

3H2	235-608		Human Services Project		$	1,500,000		$	1,500,000		18189
3H2	235-622		Medical Collaboration Network		$	3,346,143		$	3,346,143		18190
3N6	235-605		State Student Incentive Grants		$	2,196,680		$	2,196,680		18191
3T0	235-610		National Health Service Corps - Ohio Loan Repayment		$	150,001		$	150,001		18192
312	235-609		Tech Prep		$	183,850		$	183,850		18193
312	235-611		Gear-up Grant		$	1,370,691		$	1,370,691		18194
312	235-612		Carl D. Perkins Grant/Plan Administration		$	112,960		$	112,960		18195
312	235-615		Professional Development		$	523,129		$	523,129		18196
312	235-617		Improving Teacher Quality Grant		$	2,900,000		$	2,900,000		18197
312	235-619		Ohio Supercomputer Center		$	6,000,000		$	6,000,000		18198
312	235-621		Science Education Network		$	1,686,970		$	1,686,970		18199
312	235-631		Federal Grants		$	250,590		$	250,590		18200
TOTAL FED Federal Special Revenue											18201
Fund Group					$	20,221,014		$	20,221,014		18202

State Special Revenue Fund Group

18203

4E8	235-602		Higher Educational Facility Commission Administration		$	55,000		$	55,000		18204
4P4	235-604		Physician Loan Repayment		$	476,870		$	476,870		18205
649	235-607		The Ohio State University Highway/Transportation Research		$	760,000		$	760,000		18206
682	235-606		Nursing Loan Program		$	893,000		$	893,000		18207
TOTAL SSR State Special Revenue											18208
Fund Group					$	2,184,870		$	2,184,870		18209
TOTAL ALL BUDGET FUND GROUPS					$	2,492,767,644		$	2,571,854,756 2,573,863,853		18210

Section 405.17. That existing Section 209.63 of Am. Sub. H.B.	18212
66 of the 126th General Assembly, as amended by Sub. H.B. 478 and	18213
Am. Sub. H.B. 530, both of the 126th General Assembly, is hereby	18214
repealed.	18215

Section 411.10. That Section 212.30 of Am. Sub. H.B. 66 of	18216
the 126th General Assembly, as amended by Am. Sub. H.B. 530 of the	18217
126th General Assembly, be amended to read as follows:	18218

Sec. 212.30.  DVM STATE VETERINARY MEDICAL BOARD

18219

General Services Fund Group

18220

4K9	888-609		Operating Expenses		$	293,691		$	307,000		18221
5BU	888-602		Veterinary Student Loan Program		$	60,000		$	60,000		18222
TOTAL GSF General Services											18223
Fund Group					$	353,691		$	367,000		18224
TOTAL ALL BUDGET FUND GROUPS					$	353,691		$	367,000		18225

CASH TRANSFER TO VETERINARY STUDENT LOAN PROGRAMVETERINARIAN	18226
LOAN REPAYMENT FUND (FUND 5BU)	18227

On July 1, 2005, or as soon as possible thereafter, the	18228
Director of Budget and Management shall transfer $60,000 in cash	18229
from the Occupational Licensing and Regulatory Fund (Fund 4K9) to	18230
the Veterinary Student Loan ProgramVeterinarian Loan Repayment	18231
Fund (Fund 5BU), which is hereby created in division (B) of	18232
section 4741.46 of the Revised Code. The amount of the transfer is	18233
hereby appropriated.	18234

VETERINARY STUDENT LOAN PROGRAM

18235

The foregoing appropriation item 888-602, Veterinary Student	18236
Loan Program, shall be used by the Veterinary Medical Licensing	18237
Board to implement a student loan repayment program for veterinary	18238
students focusing on large animal populations, public health, or	18239
regulatory veterinary medicine.	18240

Section 411.11. That existing Section 212.30 of Am. Sub. H.B.	18241
66 of the 126th General Assembly, as amended by Am. Sub. H.B. 530	18242
of the 126th General Assembly, is hereby repealed.	18243

Section 415.10. That Sections 243.10 and 287.20 of Am. Sub.	18244
H.B. 530 of the 126th General Assembly be amended to read as	18245
follows:	18246

Sec. 243.10. All items set forth in this section are hereby	18247
appropriated out of any moneys in the state treasury to the credit	18248
of the Cultural and Sports Facilities Building Fund (Fund 030)	18249
that are not otherwise appropriated:	18250

Reappropriations

AFC CULTURAL FACILITIES COMMISSION

18251

CAP-003		Center of Science and Industry - Toledo		$	7,542		18252
CAP-033		Woodward Opera House Renovation		$	1,150,000		18253
CAP-038		Center Exhibit Replacement		$	816,000		18254
CAP-042		Statewide Site Exhibit/Renovation & Construction		$	123,000		18255
CAP-043		Statewide Site Repairs		$	200,100		18256
CAP-046		Cincinnati Museum Center Improvements		$	250,000		18257
CAP-053		Powers Auditorium Improvements		$	250,000		18258
CAP-055		Waco Museum & Aviation Learning Center		$	500,000		18259
CAP-058		Cedar Bog Nature Preserve Education Center		$	766,200		18260
CAP-064		Bramley Historic House		$	75,000		18261
CAP-065		Beck Center for the Cultural Arts		$	100,000		18262
CAP-066		Delaware County Cultural Arts Center		$	40,000		18263
CAP-071		Cleveland Institute of Music		$	1,500,000		18264
CAP-072		West Side Arts Consortium		$	138,000		18265
CAP-073		Ice Arena Development		$	5,500,000		18266
CAP-074		Stan Hywet Hall & Gardens		$	1,000,000		18267
CAP-075		McKinley Museum Improvements		$	125,000		18268
CAP-076		Spring Hill Historic Home		$	125,000		18269
CAP-079		Lorain Palace Civic Theatre		$	200,000		18270
CAP-080		Great Lakes Historical Society		$	150,000		18271
CAP-745		Historic Sites and Museums		$	604,453		18272
CAP-753		Buffington Island State Memorial		$	73,500		18273
CAP-769		Rankin House State Memorial		$	192,000		18274
CAP-781		Historical Center Archives/Library		$	624,000		18275
CAP-784		Ohio Historical Center Rehabilitation		$	1,523,737		18276
CAP-789		Neil Armstrong Air and Space Museum Improvements		$	103,516		18277
CAP-809		Cincinnati Ballet Facility Improvements		$	450,000		18278
CAP-814		Crawford Museum of Transportation & Industry		$	2,500,000		18279
CAP-820		Historical Center Ohio Village Buildings		$	502,000		18280
CAP-821		Lorain County Historical Society		$	300,000		18281
CAP-822		Armory Youth Center		$	40,000		18282
CAP-823		Marion Palace Theatre		$	1,575,000		18283
CAP-824		McConnellsville Opera House		$	75,000		18284
CAP-825		Secrest Auditorium		$	75,000		18285
CAP-826		Renaissance Theatre		$	700,000		18286
CAP-827		Trumpet in the Land		$	100,000		18287
CAP-829		Mid-Ohio Valley Players		$	80,000		18288
CAP-830		The Anchorage		$	50,000		18289
CAP-834		Galion Historic Big Four Depot Restoration		$	170,000		18290
CAP-835		Jamestown Opera House		$	125,000		18291
CAP-837		Lake County Historical Society		$	250,000		18292
CAP-839		Hancock Historical Society		$	75,000		18293
CAP-840		Riversouth Development		$	1,000,000		18294
CAP-841		Ft. Piqua Hotel		$	200,000		18295
CAP-843		Marina District Amphitheatre and Related Development		$	2,000,000		18296
CAP-844		Chas. A. Eulett Education Center/Appalachian Museum		$	1,850,000		18297
CAP-845		Lima Historic Athletic Field		$	100,000		18298
CAP-846		Butler Palace Theatre		$	200,000		18299
CAP-847		Voice Of America Museum		$	275,000		18300
CAP-848		Oxford Arts Center ADA Project		$	72,000		18301
CAP-849		Clark County Community Arts Expansion Project		$	500,000		18302
CAP-850		Westcott House Historic Site		$	75,000		18303
CAP-851		Gen. Lytle Homestead-Harmony Hill		$	50,000		18304
CAP-852		Miami Township Community Amphitheatre		$	50,000		18305
CAP-853		Western Reserve Historical Society		$	1,000,000		18306
CAP-854		Cleveland Steamship Mather Museum		$	100,000		18307
CAP-855		Rock and Roll Hall of Fame		$	250,000		18308
CAP-858		Strongsville Historic Building		$	100,000		18309
CAP-859		Arts Castle		$	100,000		18310
CAP-860		Great Lakes Historical Society		$	325,000		18311
CAP-861		Ohio Glass Museum		$	250,000		18312
CAP-863		Ariel Theatre		$	100,000		18313
CAP-864		Bellbrook/Sugarcreek Historical Society		$	10,000		18314
CAP-867		Ensemble Theatre		$	450,000		18315
CAP-868		Taft Museum		$	500,000		18316
CAP-869		Art Academy of Cincinnati		$	100,000		18317
CAP-870		Riverbend Pavilion Improvements		$	250,000		18318
CAP-871		Cincinnati Art and Technical Academy - Longworth Hall		$	100,000		18319
CAP-872		Music Hall: Over-The-Rhine		$	750,000		18320
CAP-873		John Bloomfield Home Restoration		$	115,000		18321
CAP-874		Malinta Historical Society Caboose Exhibit		$	6,000		18322
CAP-875		Hocking County Historic Society - Schempp House		$	10,000		18323
CAP-876		Art Deco Markay Theatre		$	200,000		18324
CAP-877		Harvey Wells House		$	100,000		18325
CAP-879		Broad Street Historical Renovation		$	300,000		18326
CAP-880		Amherst Historical Society		$	35,000		18327
CAP-881		COSI - Toledo		$	1,580,000		18328
CAP-882		Ohio Theatre - Toledo		$	100,000		18329
CAP-883		Chester Academy Historic Site Renovation		$	25,000		18330
CAP-884		Bradford Ohio Railroad Museum		$	100,000		18331
CAP-885		Montgomery County Historical Society Archives		$	100,000		18332
CAP-886		Nelson T. Gant Historic Homestead		$	25,000		18333
CAP-887		Aurora Outdoor Sports Complex		$	50,000		18334
CAP-888		Preble County Historical Society		$	100,000		18335
CAP-889		Tecumseh Sugarloaf Mountain Amphitheatre		$	120,000		18336
CAP-890		Pro Football Hall of Fame		$	400,000		18337
CAP-891		Maps Air Museum		$	15,000		18338
CAP-892		Foundation Community Theatre		$	50,000		18339
CAP-893		William McKinley Library Restoration		$	250,000		18340
CAP-896		Richard Howe House		$	100,000		18341
CAP-897		Ward-Thomas Museum		$	30,000		18342
CAP-898		Packard Music Hall Renovation Project		$	1,075,000 675,000		18343
CAP-899		Holland Theatre		$	100,000		18344
CAP-900		Van Wert Historical Society		$	32,000		18345
CAP-901		Warren County Historical Society		$	225,000		18346
CAP-902		Marietta Colony Theatre		$	335,000		18347
CAP-903		West Salem Village Opera House		$	92,000		18348
CAP-904		Beavercreek Community Theater		$	100,000		18349
CAP-905		Smith Orr Homestead		$	100,000		18350
Total Cultural Facilities Commission				$	39,831,048 39,431,048		18351
TOTAL Cultural and Sports Facilities Building Fund				$	39,831,048 39,431,048		18352

ICE ARENA DEVELOPMENT

18353

The amount reappropriated for the foregoing appropriation	18354
item CAP-073, Ice Arena Development, is the unencumbered and	18355
unalloted balance, as of June 30, 2006, in appropriation item	18356
CAP-073, Ice Arena Development, which prior to July 1, 2006, was	18357
named "Marina District/Ice Arena Development," plus $2,000,000.	18358

Notwithstanding any provision of law to the contrary, on July	18359
1, 2006, or as soon thereafter as possible, the Director of Budget	18360
and Management shall transfer $2,000,000 from CAP-843, Marina	18361
District Amphitheatre and Related Development, which prior to July	18362
1, 2006, was named "Marina District/Ice Arena Development," to	18363
CAP-073, Ice Arena Development.	18364

The foregoing appropriation item CAP-073, Ice Arena	18365
Development, shall bybe used by the City of ToledoCounty of	18366
Lucas for the development of an ice arena in the City of Toledo.	18367

MARINA DISTRICT AMPHITHEATRE AND RELATED DEVELOPMENT

18368

The amount reappropriated for the foregoing appropriation	18369
item CAP-843, Marina District Amphitheatre and Related	18370
Development, is the unencumbered and unalloted balance, as of June	18371
30, 2006, in appropriation item CAP-843, Marina District	18372
Amphitheatre and Related Development, which prior to July 1, 2006,	18373
was named "Marina District/Ice Arena Development," minus	18374
$2,000,000.	18375

The foregoing appropriation item CAP-843, Marina District	18376
Amphitheatre and Related Development, shall be used by the City of	18377
Toledo for the development of an amphitheatre and related	18378
developments in the Marina District of Toledo.	18379

PACKARD MUSIC HALL RENOVATIONS PROJECT

18380

The amount reappropriated for the foregoing appropriation	18381
item CAP-898, Packard Music Hall Renovation Project, is the	18382
unencumbered and unalloted balance, as of June 30, 2006, in	18383
appropriation item CAP-898, Packard Music Hall Renovation Project,	18384
plus $975,000$575,000 of the unencumbered and unalloted balance,	18385
as of June 30, 2006, in appropriation item CAP-063, Robins Theatre	18386
Renovations.	18387

Sec. 287.20. DMH/DMR - MENTAL HEALTH FACILITY IMPROVEMENT	18388
FUND 033	18389

The Treasurer of State is hereby authorized to issue and	18390
sell, in accordance with SectionSections 2i and 16 of Article	18391
VIII, Ohio Constitution, Chapter 154. and particularly section	18392
154.20 of the Revised Code, original obligations in an aggregate	18393
principal amount not to exceed $5,000,000, in addition to the	18394
original issuance of obligations heretofore authorized by prior	18395
acts of the General Assembly. These authorized obligations shall	18396
be issued and sold from time to time, subject to applicable	18397
constitutional and statutory limitations, as needed to ensure	18398
sufficient moneys to the credit of the Mental Health Facilities	18399
Improvement Fund (Fund 033) to pay costs of capital facilities for	18400
mental hygiene and retardation.	18401

Section 415.11. That existing Sections 243.10 and 287.20 of	18402
Am. Sub. H.B. 530 of the 126th General Assembly are hereby	18403
repealed.	18404

Section 418.05. That Section 10 of Am. Sub. S.B. 250 of the	18405
123rd General Assembly be amended to read as follows:	18406

Sec. 10. (A) Notwithstanding sections 5501.32, 5501.34,	18407
5501.37, and 5501.45 of the Revised Code, the Director of	18408
Transportation may acquire and dispose of real property associated	18409
with the abandoned United States Route 68 relocation and expansion	18410
project in Champaign County that iswas underway on June 21, 2000,	18411
the effective date of this actAm. Sub. S.B. 250 of the 123rd	18412
General Assembly as provided in thisthat act.	18413

(B) The Director shall determine whether real property	18414
previously acquired for the project is no longer required for	18415
highway purposes and shall have any suchthat property appraised	18416
by a Department prequalified appraiser. Following the	18417
determination and appraisal, the Director may do either of the	18418
following:	18419

(1) Sellsell the unneeded property to the previous owner of	18420
the unneeded property, to the previous owner's heirs and assigns	18421
or successors and assigns, or to an owner of property adjacent to	18422
the unneeded property for the full fair market value as determined	18423
by the appraisals;	18424

(2) Convey the unneeded property to the previous owner of the	18425
unneeded property or to an owner of property adjacent to the	18426
unneeded property as full or partial consideration for other	18427
property to be acquired from the property owner in connection with	18428
the United States Route 68 project for the full fair market value	18429
of the unneeded property as determined by the appraisals.	18430

(C) The deed to the purchaser of land under Section 10 of	18431
this actAm. Sub. S.B. 250 of the 123rd General Assembly as	18432
amended by Am. Sub. H.B. 699 of the 126th General Assembly shall	18433
be prepared by the Auditor of State, executed by the Governor,	18434
countersigned by the Secretary of State, and shall bear the Great	18435
Seal of the State.	18436

(D) The authority granted in Section 10 of this actAm. Sub.	18437
S.B. 250 of the 123rd General Assembly as amended by Am. Sub. H.B.	18438
699 of the 126th General Assembly expires one year after	18439
completion of the particular relocation and expansion project	18440
involving United States Route 68 underway on the effective date of	18441
this actAm. Sub. H.B. 699 of the 126th General Assembly.	18442

(E) This section does not prevent the Director from acquiring	18443
and disposing of real property associated with the abandoned	18444
United States Route 68 project in accordance with sections	18445
5501.32, 5501.34, 5501.37, and 5501.45 of the Revised Code.	18446

Section 418.06. That existing Section 10 of Am. Sub. S.B. 250	18447
of the 123rd General Assembly is hereby repealed.	18448

Section 501.10. The item in this section is hereby	18449
appropriated as designated out of any moneys in the state treasury	18450
to the credit of the State Special Revenue Fund Group. For the	18451
appropriation made in this section, that in the first column is	18452
for fiscal year 2006 and that in the second column is for fiscal	18453
year 2007. The appropriation made in this section is in addition	18454
to any other appropriations made for the fiscal years 2006-2007	18455
biennium.	18456

JLE JOINT LEGISLATIVE ETHICS COMMITTEE

18457

State Special Revenue Fund Group

18458

4G7	028-601		Joint Legislative Ethics Committee		$	0		$	100,000		18459
TOTAL SSR State Special Revenue Fund					$	0		$	100,000		18460
TOTAL ALL BUDGET FUND GROUPS					$	0		$	100,000		18461

Within the limits set forth in this act, the Director of	18462
Budget and Management shall establish accounts indicating the	18463
source and amount of funds for the appropriation made in this	18464
section, and shall determine the form and manner in which the	18465
appropriation accounts shall be maintained. Expenditures from the	18466
appropriation contained in this section shall be accounted for as	18467
though made in H.B. 66 of the 126th General Assembly.	18468

The appropriation made in this section is subject to all	18469
provisions of H.B. 66 of the 126th General Assembly that are	18470
generally applicable to such an appropriation.	18471

Section 501.20. Notwithstanding sections 101.02 and 101.27 of	18472
the Revised Code, the members of the Senate elected majority floor	18473
leader, assistant majority floor leader, and majority whip for the	18474
127th General Assembly shall receive an annual salary that is	18475
equal to the annual salary prescribed under section 101.27 of the	18476
Revised Code for the respective members of the House of	18477
Representatives elected majority floor leader, assistant majority	18478
floor leader, and majority whip for the 127th General Assembly.	18479
The compensation specified in this section for the members of the	18480
Senate elected majority floor leader, assistant majority floor	18481
leader, and majority whip for the 127th General Assembly shall,	18482
for the remainder of fiscal year 2007, be paid from the fiscal	18483
year 2007 appropriations made to the Senate.	18484

Section 503.10. OHIO COMMUNITY SERVICE COUNCIL DEPOSIT

18485

On January 1, 2007, or as soon as possible thereafter, the	18486
Director of the Ohio Community Service Council may certify to the	18487
Director of Budget and Management the amount of cash posted to the	18488
Ohio Community Service Council Programs Fund (Fund 3R7) that	18489
should have been deposited to the OCSC Community Support Fund	18490
(Fund 624). The Director of Budget and Management may transfer	18491
cash up to the amount certified from the Ohio Community Service	18492
Council Programs Fund (Fund 3R7) to the OCSC Community Support	18493
Fund (Fund 624).	18494

Section 503.20. The amendments of this act to sections 154.02	18495
and 154.20 of the Revised Code, Section 22.07 of Am. Sub. H.B. 16	18496
of the 126th General Assembly, and Section 287.20 of Am. Sub. H.B.	18497
530 of the 126th General Assembly apply to any proceedings	18498
commenced after the effective date of those amendments, and, so	18499
far as those amendments support the actions taken, also apply to	18500
any proceedings that on that effective date are pending, in	18501
progress, or completed, and to the securities authorized or issued	18502
or obligations entered into under or pursuant to those	18503
proceedings, notwithstanding the applicable law previously in	18504
effect or any provision to the contrary in a prior resolution,	18505
order, notice, or other proceeding. Any proceedings pending or in	18506
progress on the effective date of those amendments, and securities	18507
sold, issued, and delivered, or obligations entered into under or	18508
pursuant to those proceedings, shall be deemed to have been taken,	18509
and authorized, sold, issued, delivered, and entered into, in	18510
conformity with those amendments.	18511

Section 503.21. The Directors of Mental Health and of Mental	18512
Retardation and Developmental Disabilities shall amend any rules	18513
either Director previously adopted pursuant to section 154.20 of	18514
the Revised Code to the extent necessary to conform to the	18515
amendments of this act to sections 154.02 and 154.20 of the	18516
Revised Code, Section 22.07 of Am. Sub. H.B. 16 of the 126th	18517
General Assembly, and Section 287.20 of Am. Sub. H.B. 530 of the	18518
126th General Assembly.	18519

Section 505.10. The amendment by this act to division (C) of	18520
section 2305.26 of the Revised Code applies to liens filed with	18521
the county recorder before, on, or after the effective date of the	18522
amendment.	18523

Section 507.10. TRANSFERS OF FISCAL YEAR 2007 GENERAL REVENUE	18524
FUND ENDING BALANCES	18525

Notwithstanding divisions (B)(1)(b), (B)(2), and (C) of	18526
section 131.44 of the Revised Code, the Director of Budget and	18527
Management may transfer up to $100,000,000 of the fiscal year 2007	18528
General Revenue Fund surplus to the Public School Building Fund	18529
(Fund 021).	18530

Section 507.20. TRANSFER FROM HALF-MILL EQUALIZATION FUND

18531

Notwithstanding division (F) of section 3318.18 of the	18532
Revised Code, between June 1, 2007, and June 30, 2007, the	18533
Director of Budget and Management may transfer up to $60,000,000	18534
in cash from the Half-Mill Equalization Fund (Fund 5BJ) to the	18535
Public School Building Fund (Fund 021).	18536

Section 509.10. HEALTH EMERGENCY FUND

18537

The Health Emergency Fund (Fund 5EC) is hereby created in the	18538
state treasury. The fund may be used by the Department of Health	18539
to purchase vaccines and antiviral drugs to stockpile for pandemic	18540
flu. The Director of Budget and Management, in consultation with	18541
the Director of Health, shall determine the amount of	18542
appropriation needed. The amount so determined is hereby	18543
appropriated. The Director of Budget and Management may transfer	18544
up to $17,500,000 in cash from the General Revenue Fund to the	18545
Health Emergency Fund (Fund 5EC) as needed. The Director of Budget	18546
and Management shall submit a letter to the Governor, the	18547
President and Minority Leader of the Senate, and the Speaker and	18548
Minority Leader of the House of Representatives detailing the cash	18549
transfers.	18550

Section 511.10. TANF INITIATIVES

18551

The Department of Job and Family Services, in accordance with	18552
sections 5101.80 and 5101.801 of the Revised Code, shall take the	18553
steps necessary, through interagency agreements, adoption of	18554
rules, or otherwise as determined by the Department, to implement	18555
and administer the Title IV-A programs identified in this section.	18556

STRENGTHENING FAMILIES INITIATIVE

18557

The Department of Job and Family Services shall use up to $11	18558
million in fiscal year 2007 to reimburse the Governor's Office of	18559
Faith-Based and Community Initiatives (GOFBCI) pursuant to section	18560
5101.801 of the Revised Code for projects that are part of the	18561
Ohio Strengthening Families Initiative.	18562

TANF EDUCATIONAL AWARDS PROGRAM

18563

The Department of Job and Family Services shall use up to $30	18564
million in fiscal year 2007 to reimburse the Ohio Board of Regents	18565
pursuant to section 5101.801 of the Revised Code for initiatives	18566
addressing postsecondary tuition and educational expenses not	18567
covered by other grant programs that target low-income students.	18568

ADOPTION PROMOTION

18569

Up to $5 million shall be used in fiscal year 2007 for TANF	18570
eligible activities pursuant to section 5101.801 of the Revised	18571
Code to provide additional support for initiatives aimed at	18572
increasing the number of adoptions including recruiting,	18573
promoting, and supporting adoptive families.	18574

CHILD CARE SUBSIDY

18575

Up to $15 million shall be used in fiscal year 2007 for the	18576
Title IV-A non-assistance child-care subsidy program pursuant to	18577
section 5101.801 of the Revised Code to help additional needy	18578
working families with the cost of child care.	18579

EARLY LEARNING QUALITY AND AVAILABILITY

18580

Up to $5 million shall be used in fiscal year 2007 for TANF	18581
eligible activities pursuant to section 5101.801 of the Revised	18582
Code to provide additional support to improve the quality and	18583
availability of early learning opportunities, including but not	18584
limit to Step Up to Quality, for low-income working families with	18585
pre-school children.	18586

INDEPENDENT LIVING INITIATIVES

18587

Up to $2.5 million shall be used in fiscal year 2007 for TANF	18588
eligible activities pursuant to section 5101.801 of the Revised	18589
Code to support independent living initiatives, including but not	18590
limited to life-skills training and work supports for older	18591
children in foster care and those who have recently aged-out of	18592
foster care.	18593

HOME ENERGY ASSISTANCE PROGRAM

18594

The Department of Job and Family Services shall use up to $45	18595
million in fiscal year 2007 to reimburse the Ohio Department of	18596
Development pursuant to section 5101.801 of the Revised Code for	18597
allowable expenditures of the Title IV-A Home Energy Assistance	18598
Program during the 2006-2007 HEAP winter heating season.	18599

FOOD BOXES

18600

Up to $1.5 million shall be used in fiscal year 2007 to	18601
reimburse the Ohio network of food banks pursuant to section	18602
5101.801 of the Revised Code for purchase of food boxes for	18603
distribution to TANF eligible families on a one-time basis.	18604

TWO-PARENT OHIO WORKS FIRST CASELOAD

18605

Up to $7 million shall be used in fiscal year 2007 for TANF	18606
eligible activities pursuant to section 5101.801 of the Revised	18607
Code to enhance county operated work and support programs	18608
targeting the two-parent Ohio Works First caseload.	18609

The Department of Job and Family Services shall make TANF	18610
funding available to assist with the programs identified in this	18611
section and provide Title IV-A funds as necessary to implement	18612
these programs. In administering these programs, the state,	18613
county, and private agencies receiving funds from the Department	18614
of Job and Family Services shall comply with the requirements of	18615
the respective interagency agreements, grant agreements, sections	18616
5101.80 and 5101.801 of the Revised Code, Title IV-A of the Social	18617
Security Act, rules adopted by the Department of Job and Family	18618
Services, and other directives from the Department of Job and	18619
Family Services as appropriate.	18620

Section 513.10. FEDERAL JUSTICE PROGRAMS FUNDS

18621

On the effective date of this section, or as soon as possible	18622
thereafter, the Director of Public Safety shall certify the	18623
following to the Director of Budget and Management:	18624

(A) The federal justice program funds to be created in the	18625
accounting system pursuant to the amendment by this act of section	18626
5502.62 of the Revised Code and appropriation items to be created	18627
within those funds.	18628

(B) The amount of cash to be transferred from the Federal	18629
Justice Programs Fund (Fund 3AY) in the Department of Public	18630
Safety to the funds created pursuant to division (A) of this	18631
section.	18632

(C) The amount of appropriation authority to be transferred	18633
from existing appropriation items to the Federal Justice Programs	18634
Fund in the Department of Public Safety to the appropriation items	18635
created pursuant to division (A) of this section.	18636

The Director of Public Safety shall certify only those	18637
amounts required for transfer in order for the department to	18638
comply with the investment earnings retention and distribution	18639
requirements of federal grant awards.	18640

The Director of Budget and Management may create funds in the	18641
accounting system pursuant to section 5502.62 of the Revised Code	18642
upon receiving certification under this section from the Director	18643
of Public Safety. The Director of Budget and Management may	18644
transfer cash and appropriation authority pursuant to the	18645
certification. Any amounts transferred pursuant to the	18646
certification are hereby appropriated.	18647

Section 515.10. Within ninety days after the effective date	18648
of the amendment by this act of section 5709.87 of the Revised	18649
Code, the current owner of record of real property that is subject	18650
to an ongoing exemption previously granted under division	18651
(C)(1)(a) of that section may notify the Tax Commissioner in	18652
writing that the owner elects to discontinue the exemption for the	18653
remainder of its term. Upon receiving such a notification, the	18654
commissioner shall issue an order restoring the property to the	18655
tax list beginning with the year in which the notification was	18656
received.	18657

Section 515.20. It is the intent of the General Assembly that	18658
the amendment to division (P) of section 5739.01 of the Revised	18659
Code is to clarify current law.	18660

Section 520.10. The amendment by this act of sections 133.07,	18661
133.08, 133.20, 307.695, and 5739.09 and the enactment by this act	18662
of section 5709.083 of the Revised Code apply to proceedings	18663
commenced after the effective date of those sections and to any	18664
proceedings commenced or in progress prior to those effective	18665
dates. The authority conferred by those amendments and that	18666
enactment is in addition to, and not in derogation of, any similar	18667
authority conferred by, derived from, or implied by any law, the	18668
Ohio Constitution, a charter, a resolution, or an ordinance. No	18669
inference shall be drawn from those amendments or that enactment	18670
to negate any authority conferred by those sources.	18671

Section 525.10.  (A) Pursuant to section 5911.10 of the	18672
Revised Code, the Governor is hereby authorized to execute a deed	18673
in the name of the state conveying to a buyer or buyers to be	18674
determined in the manner provided in division (C) of this section,	18675
and the buyer's or buyers' successors and assigns or heirs and	18676
assigns, all of the state's right, title, and interest in the	18677
following described parcels of real estate that the Adjutant	18678
General has determined are no longer required for armory or	18679
military purposes:	18680

Ashtabula Township. Ashtabula County. State of Ohio

18681

Situated in Ashtabula Township, Ashtabula County, State of Ohio:

18682

Known as being part of the Holmes Tract, and more particularly	18683
described as follows:	18684

Being a parcel of land lying on the left side of the centerline of	18685
survey for State Route 46, Section 27.06, Ashtabula County, Ohio,	18686
made by the Ohio State Department of Highways, and bounded and	18687
described as follows:	18688

Beginning at a point on grantor's southerly property line 165 feet	18689
left of station 1426/04.53; thence northwesterly to a point 160	18690
feet left of station 1429/00; thence continuing northwesterly	18691
parallel with the centerline of survey to a point 160 feet left of	18692
station 1434/00; Thence westerly to a point 175 feet left of	18693
station 1434/79.63; thence westerly to a point 184 feet left of	18694
station 1435/09, said point being in the centerline of County	18695
Highway No. 25 also known as State Road; thence south 0 degrees	18696
16', west along the centerline of State Road a distance of 290	18697
feet to the southwest corner of land conveyed to grantor by	18698
Theodore E. Warren, Trustee, in deed dated January 2, 1952 and	18699
recorded in the deed records of Ashtabula County in deed record	18700
book 469, page 520; thence south 89 degrees 34' east along	18701
grantor's south property line a distance of 532 feet to an iron	18702
pin; thence south 0 degrees 16' west 140.24 feet to an iron pin;	18703
thence south 89 degrees 34' east a distance of 264 feet to the	18704
point of beginning; and containing 2.21 acres, more or less.	18705

Parcel Number: 03-015-00-003-00

18706

Prior Deed Reference: 46-5630

18707

Howey Road Armory

18708

Situate in the City of Columbus, Franklin County, State of Ohio,	18709
and being more fully described as follows:	18710

Said parcel being a part of 80.202 acres acquired from the	18711
Columbus and Southern Ohio Electric Company, December 7, 1951, and	18712
being recorded in Franklin County, Volume 1704, Page 153.	18713
Beginning at an iron pin located at the intersection of the east	18714
right of way of Hiawatha Park Place and the north property line of	18715
the Ohio State Fairgrounds and the east right of way of the North	18716
Freeway, thence north 86 degrees 43'17" east 737.59 feet along the	18717
north property line of the Ohio State Fairgrounds to a point,	18718
thence south 3 degrees 12'14" west 50 feet to a point, thence	18719
south 86 degrees 43'17" east 50 feet to a point, thence north 3	18720
degrees 12'14" east 50 feet to a point in the north property line	18721
of the Ohio State Fairgrounds, thence south 86 degrees 43'17" east	18722
17.46 feet to the northeast corner of the Ohio State Fairgrounds,	18723
thence south 3 degrees 12'14" west 1145.00 feet along the east	18724
property line of the Ohio State Fairgrounds to a point at the	18725
intersection of the east right of way of the north freeway, thence	18726
south 25 degrees 55'03" east 695.94 feet along the east right of	18727
way of the North Freeway to a point. Thence south 37 degrees	18728
46'42" east 712.00 feet to the point of beginning containing 9.42	18729
acres, more of less.	18730

Mount Vernon

18731

Situated in the state of Ohio, county of Knox, City of Mount	18732
Vernon and more particularly described as being Lots number Three	18733
Hundred Ninety (390), Three Hundred Ninety One (391) and ten feet	18734
of the east side of Lot Number Four Hundred Seven (407), in	18735
Trimble's Addition to Mount Vernon, County of Knox and the State	18736
of Ohio, as the same are marked on the Plat of said Addition in	18737
the Recorder's Office of Knox County, Ohio in J Book, Volume J,	18738
page 123-124.	18739

Springfield

18740

Situated in the State of Ohio, County of Clark, Township of	18741
Springfield, and described as follows:	18742

Being part of the northwest quarter of Section 3. Township 5,	18743
Range 9, and part of the northeast quarter of Section 9, Township	18744
5, Range 9, between the Miami Rivers Survey. Beginning at a point	18745
in the center line of the Laybourne Road, north 85 degrees 27'	18746
west 370.0 feet from the intersection of said centerline with the	18747
center line of State Route 70 (Springfield and Washington C.H.	18748
Road); thence with the center line of the Laybourne Road, north 85	18749
degrees 57" west, 650.0 feet; thence north 29 degrees 46' east,	18750
248.63 feet to a pipe; thence south 80 degrees 332' east 423.24	18751
feet to the place of beginning, containing 3.20 acres.	18752

And, also to use the following described premises in conjunction	18753
with the grantors herein and under the following terms as are	18754
agreed to by the State of Ohio and the Clark County Fair Board.	18755

Beginning at the intersection of the center lines of the Laybourne	18756
Road and State Route 70; thence with the center line of the	18757
Laybourne Road, north 85 degrees 57' west, 370.0 feet; thence	18758
north 35 degrees 33 west 432.24 feet to a pipe; thence north 80	18759
degrees 33' west 134.22 feet to a pipe; thence north 54 degrees	18760
27' east, 380.0 feet; thence with the center line of State Route	18761
70, south 35 degrees 33' east 754.0 feet to the place of	18762
beginning, containing 4.27 acres.	18763

Urbana

18764

The following described property situated in the State of Ohio,	18765
County of Champagne:	18766

Being part of the Southwest Quarter of Section 19, Town 5, Range	18767
12, in Salem Township and bonded and described as follows:	18768
Beginning at a point in the East line of the Southwest Quarter of	18769
said Section 19. said point being 1044.46 feet, North 7 degrees 5	18770
minutes East, from the Southeast corner of the said Southwest	18771
Quarter of Section 19, Town 5, Range 12; thence North 84 degrees	18772
56 minutes West, 875 feet to a stake; thence South 7 degrees 5	18773
minutes West 225 feet to a stake; thence North 84 degrees 56	18774
minutes West, 425.10 feet to a stake; thence North 67 degrees 5	18775
minutes East, 245 feet to a stake; thence South 84 degrees 56	18776
minutes East, 1300.1 feet to a point in the East line of the said	18777
Southwest Quarter of Section 19; thence South 7 degrees 5 minutes	18778
West, along the East line of the said Southwest Quarter of Section	18779
19, 20 feet to the place of beginning, a total area of 2.791	18780
acres. Subject to the rights of the Department of Highways of the	18781
State of Ohio for highway purposes in and to 120.53 feet taken by	18782
parallel lines off the entire East end of the above described	18783
tract and subject also to the rights of the City of Urbana for	18784
highway purposes in and to approximately 79.47 feet off the West	18785
end of 200 feet taken by parallel lines off the entire East end of	18786
the above described tract.	18787

(B) At the request of the Adjutant General, the Director of	18788
Administrative Services, pursuant to the procedures described in	18789
division (C) of this section, shall assist in the sale of any of	18790
the parcels described in division (A) of this section.	18791

(C) The Adjutant General shall appraise the parcels described	18792
in division (A) of this section or have them appraised by one of	18793
more disinterested persons for a fee to be determined by the	18794
Adjutant General, and shall offer the parcels for sale as follows:	18795

(1) The Adjutant General first shall offer a parcel for sale	18796
at its appraised value to the municipal corporation or township in	18797
which it is located.	18798

(2) If, after sixty days, the municipal corporation or	18799
township has not accepted the offer to purchase the parcel at its	18800
appraised value or has accepted the offer but has failed to	18801
complete the purchase, the Adjutant General shall offer the parcel	18802
for sale at its appraised value to the county in which it is	18803
located.	18804

(3) If, after sixty days, the county has not accepted the	18805
offer to purchase the parcel at its appraised value or has	18806
accepted the offer but has failed to complete the purchase, a	18807
public auction shall be held, and the parcel shall be sold to the	18808
highest bidder at a price acceptable to the Adjutant General. The	18809
Adjutant General may reject any and all bids for any reason	18810
whatsoever.	18811

The Adjutant General shall advertise each public auction in a	18812
newspaper of general circulation within the county in which the	18813
parcel is located, once a week for two consecutive weeks before	18814
the date of the auction.	18815

The terms of sale of a parcel at a public auction shall be	18816
payment of ten per cent of the purchase price, as bid by the	18817
highest bidder, in cash, bank draft, or certified check on the	18818
date of sale, with the balance payable within sixty days after the	18819
date of sale. A purchaser who does not timely complete the	18820
conditions of the sale as prescribed in this section shall forfeit	18821
to the state the ten per cent of the purchase price paid on the	18822
date of the sale as liquidated damages.	18823

If the purchase is not completed and the sale is voided, the	18824
Adjutant General may sell the parcel to the second highest bidder	18825
at the public auction held pursuant to this section.	18826

(D) Advertising costs, appraisal fees, and other costs of the	18827
sale of the parcels described in division (A) of this section	18828
shall be paid by the Adjutant General's Department.	18829

(E) Upon the payment of ten per cent of the purchase price of	18830
a parcel described in division (A) of this section in accordance	18831
with division (C)(3) of this section, or upon notice from the	18832
Adjutant General's Department that a parcel of real estate	18833
described in division (A) of this section has been sold to a	18834
municipal corporation, township, or county in accordance with	18835
division (C) of this section, a deed shall be prepared for that	18836
parcel by the Auditor of State, with the assistance of the	18837
Attorney General, be executed by the Governor, countersigned by	18838
the Secretary of State, sealed with the Great Seal of the State,	18839
and presented for recording in the Office of the Auditor of State.	18840
Upon the grantee's payment of the balance of the purchase price,	18841
the deed shall be delivered to the grantee. The grantee shall	18842
present the deed for recording in the office of the county	18843
recorder of the county in which the parcel is located.	18844

(F) The net proceeds of the sales of the parcels described in	18845
division (A) of this section shall be deposited in the State	18846
Treasury to the credit of the Armory Improvements Fund pursuant to	18847
section 5911.10 of the Revised Code.	18848

(G) If a parcel of real estate described in division (A) of	18849
this section is sold to a municipal corporation, township, or	18850
county and that political subdivision sells that parcel within two	18851
years after its purchase, the political subdivision shall pay to	18852
the state, for deposit in the state treasury to the credit of the	18853
Armory Improvements Fund pursuant to section 5911.10 of the	18854
Revised Code, an amount representing one-half of any net profit	18855
derived from that subsequent sale. The net profit shall be	18856
computed by first subtracting the price at which the political	18857
subdivision bought the parcel from the price at which the	18858
political subdivision sold the parcel, and then subtracting from	18859
that remainder the amount of any expenditures the political	18860
subdivision made for improvements to the parcel.	18861

(H) This section expires five years after its effective date.

18862

Section 525.20.  (A) The Governor is hereby authorized to	18863
execute a deed in the name of the state conveying to the City of	18864
Columbus, and its successors and assigns, all of the state's	18865
right, title, and interest in the following described real estate:	18866

Situated in the State of Ohio, County of Franklin, and the City of	18867
Columbus, and being a 0.342 acre tract out of the State of Ohio	18868
original 236.26 acre tract of record in Deed Book 1238, Page 468	18869
of the Recorder's Records, Franklin County, Ohio, said 0.342 acre	18870
tract being more particularly described as follows:	18871

Beginning for reference at the intersection of the	18872
centerlines of North High Street (66 feet wide) and Sunnyside Lane	18873
(50 feet wide);	18874

Thence S 2° 35' 13" W, 214.69 feet, in the centerline of	18875
North High Street, to the Place Of Beginning of said 0.342 acre	18876
tract at the southwesterly corner of the William H. Hadler 1.324	18877
acre Parcel X of record in Instrument #200107130160025 and the	18878
northwesterly corner of said 236.26 acre tract;	18879

Thence S 87° 05' 47" E, 48.00 feet, passing an iron pipe set	18880
at 33.00 feet, in the southerly line of said 1.324 acre tract and	18881
in a northerly line of said 236.26 acre tract, to an iron pipe	18882
set;	18883

Thence S 2° 35' 13" W, 310.59 feet, to an iron pipe set in a	18884
southerly line of said 236.26 acre tract and the northerly line of	18885
the Marjorie H. Bradburn 0.1308 acre tract of record in Official	18886
Record 01835, A-07 of said Recorder's Records;	18887

Thence N 87° 19' 07" W, 48.00 feet, passing an iron pipe set	18888
at 15.00 feet, in the southerly line of said 236.26 acre tract and	18889
in the northerly line of said 0.1308 acre tract, to the centerline	18890
of North High Street;	18891

Thence N 2° 35' 13" E, 310.78 feet, in said centerline, to	18892
the Place of Beginning, containing 0.342 acres (or 14,913 square	18893
feet), more or less.	18894

This description is based on the results of a field survey in	18895
March 2005, by Gary L. Elswick, Professional Surveyor #6395.	18896
Bearings are based on Ohio State Plane, South Zone, NAD83.	18897

Gary L. Elswick, Professional Surveyor #6395, 6/28/05.

18898

(B) Consideration for the conveyance of the real estate	18899
described in division (A) of this section is the purchase price of	18900
ten dollars.	18901

(C) Before the execution of the deed described in division	18902
(D) of this section, possession of the real estate described in	18903
division (A) of this section shall be governed by an existing	18904
interim lease between the Ohio Department of Administrative	18905
Services and the City of Columbus.	18906

(D) Upon payment of the purchase price, the Auditor of State,	18907
with the assistance of the Attorney General, shall prepare a deed	18908
to the real estate described in division (A) of this section. The	18909
deed shall state the consideration. The deed shall be executed by	18910
the Governor in the name of the state, countersigned by the	18911
Secretary of State, sealed with the Great Seal of the state, and	18912
presented for recording in the Office of the Auditor of State. The	18913
City of Columbus shall present the deed for recording in the	18914
office of the Franklin County Recorder.	18915

(E) The City of Columbus shall pay the costs of the	18916
conveyance described in division (A) of this section.	18917

(F) This section expires one year after its effective date.

18918

Section 525.30. (A) The Adjutant General has determined that	18919
the following described properties are no longer needed by the	18920
Ohio National Guard for armory or military purposes. The	18921
reversionary language contained in the deeds for those properties	18922
requires that each property revert back to the grantor if the	18923
property ceases to be used for military purposes. The Adjutant	18924
General is hereby authorized to give proper effect to the	18925
reversionary language in the original deeds.	18926

(B) Deeds to implement division (A) of this section shall be	18927
prepared by the Auditor of State with the assistance of the	18928
Attorney General, executed by the Governor, countersigned by the	18929
Secretary of State, sealed with the Great Seal of the State, and	18930
presented for recording in the Office of the Auditor of State.	18931
Each deed shall be delivered to the original grantor of each	18932
property for recording in the office of the appropriate county	18933
recorder.	18934

(C) The Governor is hereby authorized to execute deeds in the	18935
name of the state, granting all of the state's right, title, and	18936
interest in the following described parcels as indicated to	18937
implement division (A) of this section:	18938

PARCEL 1.

18939

Situated in the City of Mount Vernon, in the County of Knox, and	18940
State of Ohio, to-wit:	18941

commencing at a point at the S. W. Corner of Lot #9 in the C. & G.	18942
Cooper Park Addition and thence west a distance of 130 feet on the	18943
north line of Greenwood Avenue extended; thence in a North	18944
Easterly direction a distance of 152 feet to a point on South line	18945
of 12.5 foot City alley extended, said point being 25 feet west of	18946
the N. W. Corner of Lot #9 of said addition; thence continuing in	18947
a North Easterly direction a distance of 139 feet to a point being	18948
25 feet north of N. E. corner of Lot #10 of said addition on West	18949
line of Elm Street extended north; thence south along west line of	18950
Elm Street extended a distance of 25 feet to a point being the N.	18951
E. corner of Lot #10 of said addition; thence west along the South	18952
line of 12.5 foot City alley extended west, a distance of 115.2	18953
feet to a point being the N. W. corner of Lot #9 in said addition;	18954
thence South along west line of Lot #9 in said addition, a	18955
distance of 124, feet to the point of beginning. Estimated to	18956
contain .26 acres.	18957

PARCEL 2.

18958

Situated in the City of Mount Vernon, in the County of Knox, and	18959
State of Ohio, to-wit:	18960

being Lots #9 and #10 in the C. & G. Cooper Park Addition of the	18961
City of Mount Vernon, Ohio.	18962

Reference is made to Deed Book 198 page 614, Knox County, Ohio	18963
Records.	18964

PARCEL 3.

18965

Situated in the City of Mount Vernon, County of Knox and State of	18966
Ohio, to-wit:	18967

the following real estate, situate City of Mount Vernon, County of	18968
Knox, State of Ohio and being described as follows:	18969

Beginning at an iron stake on the West line of Elm Street	18970
extended, said iron stake bears North 5 deg. 30'East 25.0 feet	18971
from the North East corner of Lot 10 in the C. & G. Cooper Park	18972
Addition and said iron stake also marks the North East corner of	18973
0.26 of an acre parcel conveyed to the State of Ohio in Deed	18974
Volume 199, page 376; Running thence from said beginning point	18975
South 85 deg.-23' West a distance of 142.41 feet to the North West	18976
corner of said 0.26 of an acre parcel; thence North 67 deg.-2.'	18977
East a distance of 159.0 feet to an iron stake on the West line of	18978
Elm Street extended; thence South 5 deg.-30' West a distance of	18979
50.0 feet to the point of beginning, containing 0.08 of an acre,	18980
as surveyed May 21, 1970 by Floyd W. Barnes, Surveyor #3917, Ohio.	18981

Prior Deed recorded Volume 198, page 614, Knox County, Ohio, Deed	18982
Records.	18983

Parcels Nos. 1, 2 and 3 shall revert to the City of Mount Vernon.

18984

PARCEL 4.

18985

Situate in the City of Urbana, Champaign County, Ohio, and being	18986
part of the South-West quarter of Section 19, Town 5, Range 12, in	18987
Salem Township, and bonded and described as follows: Beginning at	18988
a point in the East line of the South-West quarter of Section 19,	18989
Town 5, Range 12; said point being 819.46 feet, North 7 degrees-5	18990
minutes East, from the Southeast Corner of the Southwest quarter	18991
of Section 19, Town 5, Range 12. Thence North 84 degrees, 56	18992
minutes West, 875.00 feet to a stake. Thence North 7 degrees-5	18993
minutes East, 225.00 feet to a stake. Thence South 84 degrees-56	18994
minutes East, 875.00 feet to a point in the East line of the said	18995
Southwest quarter of Section 19, Town 5, Range 12. Thence South 7	18996
degrees -5 minutes West, along the East line 4 of the said	18997
Southwest quarter of Section 19, Town 5, Range 12, 225.00 feet to	18998
the place of beginning. Two hundred feet taken by parallel lines	18999
off the entire East end of the above described tract is reserved	19000
by the City of Urbana for highway purposes, making the area of the	19001
land conveyed equal 3.4844 acres.	19002

Parcel No. 4 shall revert to the City of Urbana.

19003

Section 525.40. (A) The Governor is hereby authorized to	19004
execute a deed in the name of the state conveying to a buyer or	19005
buyers to be determined in the manner provided in division (B) of	19006
this section, and the buyer's or buyers' successors and assigns or	19007
heirs and assigns, all of the state's right, title, and interest	19008
in the following described real estate:	19009

Being a parcel of land situated in the Northwest Quarter of	19010
Section 19 Bath Township, Town 3 South, Range 7 East of Allen	19011
County, Ohio, and more particularly described as follows:	19012

Commencing at a Monument Box at the northwest corner of Section	19013
19; thence South 00 degrees 25 minutes 00 seconds West along the	19014
west line of said quarter section, same also being the centerline	19015
of S.R. 65, a distance of 917.46 feet to a point;	19016

thence South 89 degrees 35 minutes 04 seconds East a distance of	19017
90.00 feet to the northwest corner of said parcel and being the	19018
True Place of Beginning;	19019

thence continuing South 89 degrees 35 minutes 04 seconds East a	19020
distance of 59.96 feet to a point;	19021

thence South 42 degrees 41 minutes 05 seconds East a distance of	19022
310.36 feet to a point;	19023

thence South 00 degrees 27 minutes 40 seconds West a distance of	19024
287.14 feet to a point;	19025

thence North 89 degrees 35 minutes 24 seconds West a distance of	19026
186.94 feet to a point;	19027

thence South 00 degrees 24 minutes 16 seconds West a distance of	19028
26.55 feet to a point;	19029

thence North 89 degrees 33 minutes 37 seconds West a distance of	19030
84.87 feet to a point;	19031

thence North 00 degrees 25 minutes 00 seconds East a distance of	19032
540.28 feet to the Place of Beginning, containing 2.708 acres,	19033
more or less. All Corners are marked with iron Pin /w cap.	19034

Excepting therefrom the following parcel of land owned by the Ohio	19035
Power Company and on which the Department of Transportation has an	19036
ongoing easement. Said Ohio Power land is described as follows:	19037

Commencing at a Monument Box at the northwest corner of Section	19038
19;	19039

thence South 00 degrees 25 minutes 00 seconds West along the west	19040
line of said quarter section, same also being the centerline of	19041
S.R. 65, a distance of 917.46 to a point;	19042

thence South 89 degrees 35 minutes 04 seconds East a distance of	19043
100.08 feet to a point on the northeasterly property line of the	19044
Ohio Power Company, said point being the True Place of Beginning;	19045

thence South 38 degrees 04 minutes 60 seconds East along said	19046
northeasterly property line a distance of 420.66 feet to a point;	19047

thence South 00 degrees 27 minutes 40 seconds West a distance of	19048
160.48 feet to a point on the southwesterly line of the Ohio Power	19049
Company;	19050

thence North 38 degrees 05 minutes 00 seconds West along said	19051
southeasterly property line a distance of 436.65 feet to a point;	19052

thence North 00 degrees 25 minutes 00 seconds East a distance of	19053
147.97 feet to a point;	19054

thence South 89 degrees 35 minutes 04 seconds East a distance of	19055
10.08 feet to the Place of Beginning. Said exception contains	19056
1.001 acres, more or less, leaving a net of 1.707 acres, more or	19057
less.	19058

The above description was provided to the Ohio Department of	19059
Administrative Services by the Ohio Department of Transportation.	19060
Description is from a survey dated April 2, 1990 by Jeffrey L.	19061
Waggamer, Reg. Surveyor S-7125.	19062

(B) The Director of Administrative Services shall offer the	19063
real estate described in division (A) of this section, and the	19064
improvements and chattels located on the real estate, for sale "as	19065
is" in their present condition according to the following process:	19066

(1) The Director of Administrative Services shall offer the	19067
real estate to any state entity expressing an interest in	19068
obtaining the real estate. Any state entity expressing an interest	19069
in the real estate shall obtain occupancy and possession through	19070
execution of a Transfer of Jurisdictional Control Affecting	19071
State-Owned Lands document and thereafter assume operational	19072
control and financial responsibility of the real estate.	19073

(2) If the Director of Administrative Services provides	19074
notice to the Department of Rehabilitation and Correction that no	19075
state entity has expressed an interest in acquiring the real	19076
estate, the Department of Rehabilitation and Correction shall have	19077
the real estate appraised by one or more disinterested persons.	19078

(3) The Director of Administrative Services shall offer the	19079
real estate at the appraised value to the Board of County	19080
Commissioners of Allen County.	19081

(4) If, after thirty days, the Board of County Commissioners	19082
of Allen County has not accepted the offer to purchase the real	19083
estate at the appraised value or has accepted the offer but has	19084
failed to complete the purchase, the Director of Administrative	19085
Services shall offer the real estate at the appraised value to the	19086
City of Lima.	19087

(5) If, after thirty days, the City of Lima has not accepted	19088
the offer to purchase the real estate at its appraised value or	19089
has accepted the offer but has failed to complete the purchase,	19090
the Director of Administrative Services shall offer the real	19091
estate for sale at public auction. The real estate shall be	19092
subject to a minimum bid of not less than two-thirds of the	19093
appraised value.	19094

The terms of sale of the real estate at a public auction	19095
shall be payment of ten per cent of the purchase price in cash,	19096
bank draft, or certified check on the date of sale. A purchaser	19097
who does not timely complete the conditions of the sale as	19098
prescribed in this section shall forfeit to the state the ten per	19099
cent of the purchase price paid on the date of the sale as	19100
liquidated damages.	19101

If the purchase is not completed and the public auction sale	19102
is voided, the Director of Administrative Services shall hold a	19103
second public auction, and the real estate shall be sold to the	19104
highest bidder at a price acceptable to the Director of	19105
Administrative Services and the Director of Rehabilitation and	19106
Correction.	19107

If, after a second public auction, the purchase is not	19108
completed and the sale is voided, the Director of Administrative	19109
Services may sell the real estate to the second highest bidder at	19110
the second public auction.	19111

The Director of Administrative Services shall advertise each	19112
public auction in a newspaper of general circulation within Allen	19113
County, once a week for two consecutive weeks before the date of	19114
the auction. The Director of Administrative Services may reject	19115
any and all bids at any auction for any reason whatsoever.	19116

(C) Advertising costs, appraisal fees, and other costs of the	19117
sale of the real estate described in division (A) of this section	19118
shall be paid by the Department of Rehabilitation and Correction.	19119

(D) The real estate described in division (A) of this section	19120
shall be sold as an entire tract and not be subdivided.	19121

(E) Upon the payment of ten per cent of the purchase price of	19122
the real estate described in division (A) of this section in	19123
accordance with division (B)(5) of this section, or upon notice	19124
from the Director of Administrative Services that the real estate	19125
described in division (A) of this section has been sold to a state	19126
entity, to the Board of County Commissioners of Allen County, or	19127
to the City of Lima in accordance with division (B) of this	19128
section, the Auditor of State, with the assistance of the Attorney	19129
General, shall prepare a deed to the real estate described in	19130
division (A) of this section. The deed shall state the	19131
consideration. The deed shall be executed by the Governor in the	19132
name of the state, countersigned by the Secretary of State, sealed	19133
with the Great Seal of the State, and presented for recording in	19134
the Office of the Auditor of State. Upon the grantee's payment of	19135
the balance of the purchase price, the deed shall be delivered to	19136
the grantee. The grantee shall present the deed for recording in	19137
the Office of the Allen County Recorder.	19138

(F) This section expires three years after its effective	19139
date.	19140

Section 525.50. (A) The Governor is hereby authorized to	19141
execute a deed in the name of the state conveying to O'Bleness	19142
Memorial Hospital, and its successors and assigns, all of the	19143
state's right, title, and interest in the following described real	19144
estate:	19145

Situated in the City of Athens, County of Athens, State of Ohio,	19146
and being a part of Section 15, Township 9N, Range 14W, of the	19147
Ohio River Survey, also being a part of Outlot 91 & Outlot 95 of	19148
the City of Athens, and being more particularly described as	19149
follows;	19150

Being a Survey of a part of a parcel conveyed to Ohio Department	19151
of Mental Health, as recorded in Deed Volume 145, Page 638, in the	19152
Athens County Deed Records, and further described as follows;	19153

Commencing at a chiseled 'x' in a concrete sidewalk on the South	19154
Right of Way Line of West Union Street (66' wide), also being the	19155
Northeast corner of Outlot 91, and being the Northeast corner of a	19156
20.169 acre parcel conveyed to Sheltering Arms Hospital	19157
Foundation, Inc., as recorded in Deed Volume 277, Page 648;	19158

Thence, N 84°44'00" W 90.00 feet with the South Right of Way Line	19159
of West Union Street, to a 5/8" o.d. iron pin found marking the	19160
Northeast corner of said parcel conveyed to Ohio Department of	19161
Mental Health of which this description is a part, the same being	19162
the Northwest corner of said 20.169 acre parcel conveyed to	19163
Sheltering Arms Hospital Foundation, Inc.;	19164

Thence, S 05°03'01" W 324.47 feet leaving West Union Street with	19165
the East line of said parcel conveyed to Ohio Department of Mental	19166
Health of which this description is a part, the same being the	19167
West line of said parcel conveyed to Sheltering Arms Hospital	19168
Foundation, Inc., to an iron pin set at the back of curb, and	19169
being the PRINCIPLE PLACE OF BEGINNING of the 1.669 Acre parcel	19170
herein to be described;	19171

Thence, S 05°03'01" W 825.10 feet continuing with said common	19172
boundary line between Ohio Department of Mental Health and	19173
Sheltering Arms Hospital Foundation, Inc., to a 5/8" o.d. iron pin	19174
found;	19175

Thence with a line across said parcel conveyed to Ohio Department	19176
of Mental Health of which this description is a part, with the	19177
following five (5) courses and distances:	19178

1) N 64°00'00" W 96.03 feet to an iron pin set;

19179

2) N 05°03'01" E 786.50 feet to an iron pin set at the back of	19180
curb;	19181

3) N 80°04'57" E 37.84 feet to an angle point;

19182

4) S 82°16'19" E 42.95 feet to an angle point;

19183

5) S 66°00'59" E 10.80 feet to the PRINCIPLE PLACE OF BEGINNING.

19184

Said parcel as surveyed contains 1.669 Acres, more or less, and	19185
subject to all legal easements, restrictions, and covenants of	19186
record. Bearings of the above description are based on the South	19187
Right of Way Line of West Union Street (66' Wide), as being N	19188
84°44'00" W, and is an assumed Meridian used to denote angles	19189
only. Scott A. England P.S. Ohio Registered Surveyor #7452	19190

(B) Consideration for the conveyance of the real estate	19191
described in division (A) of this section is $340,000.00, and	19192
shall be paid to the state according to the following schedule as	19193
derived by mutual agreement reached between the state and	19194
O'Bleness Memorial Hospital through an executed Offer to Purchase:	19195

(1) O'Bleness Memorial Hospital shall tender a cashier's or	19196
bank check, made payable to the state, in the amount of	19197
$100,000.00 at the time of closing.	19198

(2) The value of the balance of the purchase price shall be	19199
credited to the state of Ohio, Department of Mental Health, to	19200
offset the cost of services provided by O'Bleness Memorial	19201
Hospital to the Department of Mental Health, as agreed to in a	19202
"Shared Services Agreement" executed by the parties.	19203

(C) The real estate described in division (A) of this section	19204
shall be sold as an entire tract and not in parcels.	19205

(D) Before the execution of the deed described in division	19206
(E) of this section, possession of the real estate described in	19207
division (A) of this section shall be governed by an existing	19208
interim lease between the Ohio Department of Administrative	19209
Services and O'Bleness Memorial Hospital.	19210

(E) Upon payment of $100,000.00, the Auditor of State, with	19211
the assistance of the Attorney General, shall prepare a deed to	19212
the real estate described in division (A) of this section. The	19213
deed shall state the consideration. The deed shall be executed by	19214
the Governor in the name of the state, countersigned by the	19215
Secretary of State, sealed with the Great Seal of the State, and	19216
presented for recording in the Office of the Auditor of State.	19217
O'Bleness Memorial Hospital shall present the deed for recording	19218
in the Office of the Athens County Recorder.	19219

(F) O'Bleness Memorial Hospital shall pay the costs of the	19220
conveyance described in division (A) of this section.	19221

(G) This section expires one year after its effective date.

19222

Section 525.60. (A) The Governor is hereby authorized to	19223
execute a deed in the name of the state conveying to the City of	19224
Columbus, and its successors and assigns, all of the state's	19225
right, title, and interest in the following described real estate:	19226

Situated in the State of Ohio, County of Franklin, City of	19227
Columbus, Survey No. 1393 of the Virginia Military District, Lot 4	19228
through Lot 16 of George W. Sinks Subdivision of record in Plat	19229
Book 5, Page 198, and being part of those 0.098 acre and 1.966	19230
acre tracts shown in the deed to The State of Ohio of record in	19231
Instrument Number 200104200083861 (all references refer to the	19232
records of the Recorder's Office, Franklin County, Ohio) and	19233
described as follows	19234

Beginning, for reference, at the centerline intersection of	19235
McKinley Avenue with Yale Avenue;	19236

thence North 85° 54' 05" West, with the centerline of said	19237
McKinley Avenue, 25.00 feet,	19238

thence South 04° 05' 55" West, leaving said centerline, 30.00 feet	19239
to an iron pin set at the northeasterly corner of said 1 966 acre	19240
tract, the intersection of the southerly right-of-way line for	19241
McKinley Avenue with the westerly right-of-way line for Yale	19242
Avenue, the true Point of Beginning;	19243

thence South 04° 05' 55" West, with said westerly right-of-way	19244
line, 5.00 feet to an iron pin set;	19245

thence North 85° 54' 05" West, across said 0.098 acre and 1.966	19246
acre tracts, 395.23 feet to an iron pin set in the westerly line	19247
of said 0.098 acre tract and the easterly line of that tract	19248
conveyed to General Maintenance & Engineering Co. of record in	19249
Official Record 34267B19,	19250

thence North 04° 05' 55" East, with said westerly and easterly	19251
line, 5.00 feet to an iron pin set at a common corner thereof, in	19252
said southerly right-of-way line;	19253

thence South 85° 54' 05" East, with said southerly right-of-way	19254
line, passing a 3/4 inch iron pin found at 231.27 feet, 395.23	19255
feet to the True Point of Beginning. Containing 0.045 acre, more	19256
or less, from Auditor's Parcel No. 010-180286.	19257

Subject, however, to all legal rights-of-way and/or easements, if	19258
any, of previous record.	19259

Iron pins set, where indicated, are iron pipes, thirteen	19260
sixteenths (13/16) inch inside diameter, thirty (30) inches long	19261
with a plastic plug placed in the top bearing the initials EMHT	19262
INC.	19263

This description was prepared through the use of existing records	19264
and an actual field survey performed in May 2000 and October 2003.	19265

Bearings are based on the coordinate location of monuments COC	19266
17-83 and COC 18-83. A bearing of North 87° 22' 38" West was held	19267
between said monuments.	19268

(B) Consideration for the conveyance of the real estate	19269
described in division (A) of this section is the purchase price of	19270
$910.00.	19271

(C) The real estate described in division (A) of this section	19272
shall be sold as an entire tract and not in parcels.	19273

(D) Before the execution of the deed described in division	19274
(E) of this section, possession of the real estate described in	19275
division (A) of this section shall be governed by an existing	19276
interim lease between the Ohio Department of Administrative	19277
Services and the City of Columbus.	19278

(E) Upon payment of the purchase price, the Auditor of State,	19279
with the assistance of the Attorney General, shall prepare a deed	19280
to the real estate described in division (A) of this section. The	19281
deed shall state the consideration. The deed shall be executed by	19282
the Governor in the name of the state, countersigned by the	19283
Secretary of State, sealed with the Great Seal of the State, and	19284
presented for recording in the Office of the Auditor of State. The	19285
City of Columbus shall present the deed for recording in the	19286
Office of the Franklin County Recorder.	19287

(F) The City of Columbus shall pay the costs of the	19288
conveyance described in division (A) of this section.	19289

(G) The net proceeds of the sale of the real estate described	19290
in division (A) of this section shall be deposited in the state	19291
treasury to the credit of the Department of Rehabilitation and	19292
Corrections Fund 148 Services and Agricultural Fund (Appropriation	19293
Line Item 501-602) and shall be used to offset the loss of the	19294
Department's agricultural croplands.	19295

(H) This section expires one year after its effective date.

19296

Section 525.70. (A) The Governor is hereby authorized to	19297
execute a deed in the name of the state conveying to the Warren	19298
County Historical Society, and its successors and assigns, all of	19299
the state's right, title, and interest in the following described	19300
real estate:	19301

Parcel A

19302

Situate in the County of Warren, State of Ohio, and in the Village	19303
of Lebanon and being part of Section number five (5) Town four (4)	19304
Range three (3) bounded and further described as follows:	19305

Beginning at an iron pin in the east line of a tract of land	19306
belonging to Albert French 3.46 chains from the southeast corner	19307
of said French's tract of land and northwest corner to a tract of	19308
land conveyed by Herschel I. Fisher to W. F. Eltzroth;	19309

thence with said French's line N. 4° 30' E. 1.98 chains to a	19310
stone;	19311

thence with another line of said French N. 6° 0'E. 7.17 chains to	19312
an iron pin in the Lebanon and Cincinnati pike (north side) and	19313
northeast corner to said French's tract;	19314

thence S. 68° 41' E. 1.73 chains to a point in Turtlecreek which	19315
point is 5 feet 8 inches north of a concrete retaining wall;	19316

thence S. 58° 0' E. 0.71 chains to a point 2 feet 6 inches south	19317
of a stone wall;	19318

thence S. 83° 45' E. 2.27 chains to a point 6 inches north of the	19319
east end of said stone wall, and corner to a tract of land now	19320
owned by the Village of Lebanon;	19321

thence with the line of said last mentioned tract and with the	19322
west line of Mary C. Martin's tract S. 6° 0' W. 6.31 chains to a	19323
post, being the southwest corner of said Mary C. Martin's tract	19324
and in north line of Milton Keever's lot;	19325

thence with said Keever's line N. 83° 30'W. 0.70 chains to a stake	19326
at the end of a hedge, being the northwest corner of said Keever's	19327
lot;	19328

thence with said hedge and with the west line of said Keever and	19329
W. F. Eltzroth S. 6° 0' W. 1.98 chains to an iron pin in the west	19330
line of W. F. Eltzroth and being the northeast corner to a tract	19331
of land conveyed by Herschel I. Fisher to the said W. F. Eltzroth;	19332

thence N. 83° 30' W. 3.76 chains to the place of beginning	19333
containing 3.75 acres. And being the north part of the tract of	19334
5.05 acres conveyed to Herschel I. Fisher by Samuel W. Probasco by	19335
deed dated August 30, 1905 recorded in Vol. 87 page 507, Warren	19336
County Deed Records.	19337

Together with the rights granted and reserved to Ladora S. Owens,	19338
her heirs and assigns in a certain deed to W. F. Eltzroth, dated	19339
September 23, 1905 and recorded in Vol. 87 page 509 which is as	19340
follows:	19341

The said Ladora S. Owens, her heirs an assigns, is to have the	19342
right to use as a means of ingress and egress to and from said	19343
premises hereby conveyed to her, from and to Orchard Avenue, a	19344
strip of ground 20 feet wide by about 228 feet in length on and	19345
along the east side of the property heretofore conveyed to W. F.	19346
Eltzroth, said strip being a part of the property formerly	19347
conveyed to W. F. Eltzroth as aforesaid, said use however, not to	19348
be exclusive but in conjunction with W. F. Eltzroth and his heirs	19349
and assigns.	19350

This conveyance is made to the State of Ohio solely and	19351
exclusively for museum purposes and to be used for the collection	19352
and preservation of every variety of material illustrative of the	19353
history of this county and of this region, including letters,	19354
diaries, journals, memoranda, pioneer reminiscences, newspapers;	19355
account books, school and church registers, commemorative	19356
addresses, genealogies, biographies, photographs, pictures,	19357
paintings, aboriginal relics, material objects illustrating the	19358
life of pioneers, maps, histories, records, furniture, clothing,	19359
etc. Said museum shall be known as "The Warren County Museum"."	19360

Excepting from said Parcel A the following Parcel B:

19361

Parcel B

19362

Situate in the State of Ohio, Warren County and Village of	19363
Lebanon, being a part of Section 5, Township 4 East, Range 3	19364
North, Between the Miami Rivers Survey, being a parcel of land on	19365
the South side of a centerline survey made by the Ohio Department	19366
of Transportation as shown on right-of-way sheet No. 10/28 and	19367
labeled 08548 (0) 5 Ohio BRF-10(73)/Warren-42-10.43, also being a	19368
parcel out of those lands conveyed to the State of Ohio (Ohio	19369
Historical Society) by Deed of Record in Deed Book 162, Page 292,	19370
Recorder's Office, Warren County, Ohio, being a channel easement	19371
across those state owned lands known as the "Glendower Museum",	19372
said easement being more particularly described as follows:	19373

Beginning at an iron pin found at grantor's northwest corner, said	19374
point also being located in an east line of a tract of land	19375
conveyed to Gerald Miller by deed recorded in Official Record 308,	19376
page 181 of the Deed Records of Warren County, Ohio, said point	19377
also being locate forty five and 42/100 (45.42) feet right of	19378
station 5 + 18.04 on the above described centerline of survey;	19379

thence along grantor's north line and Miller's east line and its	19380
eastward extension, South sixty-eight degrees, forty-two minutes	19381
forty-six seconds (68°42'46") East for eighty-nine and 76/100	19382
(89.76) feet to the TRUE POINT OF BEGINNING, said point being	19383
located eighty and 90/100 (80.90) feet right of station 6 + 00.48	19384
on the above described centerline of survey;	19385

thence continuing along grantor's north line, South sixty-eight	19386
degrees forty-two minutes forty-six seconds (68°42' 46") East for	19387
twenty-four and 43/100 (24.43) feet to the west corner of Lot 7 of	19388
Spencer's Subdivision of Lebanon, Ohio as recorded in Plat Book 2,	19389
page 177 of the Plat Records of Warren County, Ohio;	19390

thence continuing along grantor's north line and the south line of	19391
said Lot 7, North fifty-seven degrees, one minute forty-six	19392
seconds (57°01' 46") East for twenty-seven and 00/100 (27.00)	19393
feet;	19394

thence leaving grantor's north line and the south line of said Lot	19395
7, North eighty-five degrees thirty-seven minutes fifty-six	19396
seconds (85°37'56") West for seven and 66/100 (7.66) feet to the	19397
inside face of an existing concrete retaining wall;	19398

thence along the inside face of said concrete retaining wall,	19399
North sixty-four degrees forty-nine minutes fifty-seven seconds	19400
(64°49' 57") West for thirty and 69/100 (30.69) feet;	19401

thence continuing along the inside face of said retaining wall	19402
North forty-five degrees, twelve minutes seventeen seconds (45°12'	19403
17") West for fourteen and 09/100 (14.09) fee to the TRUE POINT OF	19404
BEGINNING.	19405

This description is based on field surveys made by Woolpert	19406
Consultants in April, 1986 and May, 1987, under the direction of	19407
Daryl L. Wells, Ohio Registered Surveyor Number 6932.	19408

It is understood that the strip of land above described contains	19409
0.005 acres, more or less, inclusive of the present road occupies	19410
-0- acres, more or less.	19411

The aforegoing is recited from a description submitted by the Ohio	19412
Department of Transportation to the Ohio Department of	19413
Administrative Services, Division of Public Works. Further	19414
reference is made to File No. 4953 on file in the offices of the	19415
Ohio Department of Administrative Services, General Services	19416
Division, Real Estate Services, 4200 Surface Road, Columbus, Ohio	19417
43228-1395.	19418

And, also conveying the following described Parcel C:

19419

Parcel C

19420

Situated in the State of Ohio, County of Warren, and in the	19421
Village of Lebanon, being part of Section 5, T. 4, R. 3, and being	19422
bounded as described as follows:	19423

Beginning at a point in the north line of Orchard Avenue and at	19424
the west line of a 20 foot lane,	19425

thence with said lane N.5° 02' E. 218.36 feet to the South Line of	19426
the Museum property,	19427

thence N. 84° 24'W. 6 feet to a stone,

19428

thence S. 5° 02'E. (passing an iron pin at 66.36 feet), 218.36	19429
feet to a stone,	19430

thence S. 84° 24'E. 6 feet to the place of beginning, containing	19431
.030 acres;	19432

with full rights to use and improve the entire area as an entrance	19433
or driveway, but excepting the title to two portions of the above	19434
described strip of land at approximately the north end and the	19435
middle portions thereof and each of twenty foot length, which, as	19436
follows, are made subject to the following reservations which are	19437
reserved by the grantor for the benefit of herself and her heirs	19438
and assigns, to-wit:	19439

1. The right to cross on foot or with vehicles, the real estate	19440
hereinbefore described on and over a strip 20 feet long from South	19441
to North, and commencing 86 feet North of the South East corner of	19442
the above described real estate. Said grantor, for herself, her	19443
heirs, and assigns, reserving the right of ingress and egress	19444
thereover, from the remainder of grantor's property (lying west of	19445
the above described real estate) to the drive or "20 foot lane"	19446
mentioned in the foregoing description, so that she, her heirs and	19447
assigns, may be able to travel from the remainder of her property	19448
to said drive or lane, and over said drive or lane, and that	19449
persons desiring to enter on the remainder of grantor's premises	19450
above mentioned may travel over said drive and the said 20 foot	19451
strip above mentioned.	19452

2. The right to cross on foot or with vehicles, the real estate	19453
hereinbefore described on and over a strip 20 feet long running	19454
from North to South and commencing 8 feet South of the Northeast	19455
corner of the above described real estate. Said grantor, for	19456
herself, her heirs, and assigns, reserving the right of ingress	19457
and egress thereover, from the remainder of grantor's property	19458
(lying west of the above described real estate) to the drive or	19459
"20 foot lane" mentioned in the foregoing description, so that	19460
she, her heirs and assigns, may be able to travel from the	19461
remainder of her property to said drive or lane, and over said	19462
drive or lane, and that persons desiring to enter on the remainder	19463
of grantor's premises above mentioned may travel over said drive	19464
and the said 20 foot strip above mentioned.	19465

(B) Consideration for the conveyance of the real estate	19466
described in division (A) of this section is $10.00.	19467

(C) The conveyance of the real estate described in division	19468
(A) of this section is subject to the following conditions and	19469
restrictions:	19470

(1) The Ohio Historical Society, acknowledging the need for	19471
specific capital improvements to the real estate before its	19472
conveyance, shall make full payment for the specific capital	19473
improvements to the Glendower State Memorial (the structure on the	19474
real estate) and its premises, as listed in the Offer to Purchase	19475
Real Estate executed by the Warren County Historical Society, the	19476
Director of Administrative Services, and the Ohio Historical	19477
Society in December 2005. These improvements include replacing the	19478
roof of the structure, painting of wood trim on the structure, and	19479
correcting site drainage problems, including replacing the gas and	19480
water lines.	19481

(2) The Warren County Historical Society shall undertake all	19482
future rehabilitation work and maintain the historic structure	19483
located on the premises in accordance with the "Secretary of the	19484
Interior's Standards for Rehabilitation" as published by the	19485
Department of the Interior.	19486

(3) The Warren County Historical Society shall agree that no	19487
demolition, alterations, or physical or structural changes shall	19488
be made to the architecturally and historically significant	19489
interior or exterior features of the historic structure on the	19490
premises or to the coloring or surfacing of the exterior of the	19491
structure without prior written approval of the Ohio Historic	19492
Society, acting through the Ohio Historic Preservation Office.	19493
Ordinary and necessary repairs and maintenance not materially	19494
affecting the features shall not be considered demolition,	19495
alterations, or physical or structural changes. This restriction	19496
shall be construed to preserve and protect the qualities that	19497
caused the property to be listed on the National Register of	19498
Historic Places.	19499

(4) The Ohio Historical Society shall reserve the right to	19500
inspect the premises at all reasonable times in order to ascertain	19501
compliance with the described restrictions.	19502

(5) The Ohio Historical Society shall be deemed beneficiary	19503
of the described restrictions without regard to whether it is the	19504
owner of any land or interest in land in the vicinity of the	19505
premises and shall have the right to enforce the described	19506
restrictions in any court of competent jurisdiction.	19507

(6) The Ohio Historical Society for good cause, as determined	19508
in its sole discretion, may modify or cancel any of the described	19509
restrictions upon receipt of a written application to the Society	19510
of a request to do so.	19511

(7) The Warren County Historical Society agrees to lease the	19512
premises to the Ohio Cultural Facilities Commission, to enter into	19513
a management agreement with the Ohio Cultural Facilities	19514
Commission for the duration of the term of the lease, and to enter	19515
into a cooperative use agreement with the Ohio Cultural Facilities	19516
Commission.	19517

(D) The real estate described in division (A) of this section	19518
shall be sold as an entire tract and not be subdivided.	19519

(E) Upon payment of the purchase price, the Auditor of State,	19520
with the assistance of the Attorney General, shall prepare a deed	19521
to the real estate described in division (A) of this section. The	19522
deed shall state the consideration, restrictions, and conditions.	19523
The deed shall be executed by the Governor in the name of the	19524
state, countersigned by the Secretary of State, sealed with the	19525
Great Seal of the State, and presented for recording in the Office	19526
of the Auditor of State. The Warren County Historical Society	19527
shall present the deed for recording in the Office of the Warren	19528
County Recorder.	19529

(F) The Warren County Historical Society shall pay the costs	19530
of the conveyance described in division (A) of this section.	19531

(G) This section expires one year after its effective date.

19532

Section 525.80. (A) The Governor is hereby authorized to	19533
execute a deed in the name of the state conveying to the City of	19534
Columbus, and its successors and assigns, all of the state's	19535
right, title, and interest in the following described real estate:	19536

PARCEL 1-WD (4.662 Ac.)

19537

LANE AVENUE

19538

Situated in the State of Ohio, County of Franklin, City of	19539
Columbus, Section 3, Township 1, Range 18, United States Military	19540
Lands, and being a part of lands owned by the State of Ohio (The	19541
Ohio State University), said lands also being described in the	19542
following 8 documents of record:	19543

1. 69 acre tract described in Deed Book 616, Page 399

19544

2. 5.04 acre tract (part of Lot 278 - PB 2 Pg. 203) described in	19545
Deed Book 641, Page 242	19546

3. Tuttle Park Place (Doe Alley) vacated by Ordinance No. 919-75

19547

4. Lots 211 through 252, inclusive, of R.P. Woodruff's	19548
Agricultural Addition, P.B. 2, Pg. 203	19549

5. Neil Avenue vacated by Ordinance No. 919-75

19550

6. Peasley Street Vacated by Ordinance No. 179-66

19551

7. OSU North Urban Renewal, Plat 1, Plat Book 37, Page 56

19552

8. OSU North Urban Renewal, Plat 2, Plat Book 38, Page 94

19553

All records are on file in the Recorder's Office, Franklin County,	19554
Ohio, unless otherwise noted, all stations and offsets reference	19555
the Centerline Survey Plat of Lane Avenue prepared by ms	19556
consultants, inc. for the City of Columbus, said Parcel 1-WD being	19557
more particularly described as follows:	19558

Beginning at a point at the centerline intersection of Olentangy	19559
River Road and West Lane Avenue, being at Centerline Station	19560
50+00.00 (Olentangy River Road Centerline Station 120+00.00);	19561

Thence North 14°30'28" East, along the centerline of Olentangy	19562
River Road, a distance of 87.57 feet to a point, being at	19563
Centerline Station 120+87.57;	19564

Thence South 75°29'32" East, a distance of 64.93 feet to a point	19565
on an easterly line of Olentangy River Road, being 64.93 feet	19566
right of Station 120+87.57 (75.05 feet left of West Lane Avenue	19567
Station 50+79.55);	19568

Thence South 59°28'15" East, within said 69 acre tract, a distance	19569
of 22.58 feet to a point, being 65.00 feet left of Station	19570
51+00.00;	19571

Thence North 51°33'30" East, continuing within said 69 acre tract,	19572
a distance of 66.93 feet to a point, being 110.00 feet left of	19573
Station 51+50.00;	19574

Thence South 86°18'28" East, continuing within said 69 acre tract,	19575
a distance of 279.96 feet to a point in the centerline of the	19576
Olentangy River, in the westerly line of a 1.80 acre tract	19577
described in a deed to the City of Columbus of record in Deed Book	19578
3382, Page 600, being 110.00 feet left of Station 54+29.96;	19579

Thence South 40°12'42" West, along the westerly line of said 1.80	19580
acre tract, the centerline of the Olentangy River, with the	19581
meanders thereof, a distance of 108.57 feet to a point at the	19582
southwest corner of said 1.80 acre tract, in the centerline of	19583
existing right of way of West Lane Avenue, being 22.75 feet left	19584
of Station 53+65.35	19585

Thence South 3°42'42" West, along the centerline of the Olentangy	19586
River, with the meanders thereof, a distance of 30.00 feet to a	19587
point on the southerly line of West Lane Avenue, at the northwest	19588
corner of said 5.04 acre tract, being 7.25 feet right of Station	19589
53+65.34;	19590

Thence South 86°17'18" East, along a southerly line of West Lane	19591
Avenue, a northerly line of said 5.04 acre tract, a distance of	19592
1419.55 feet to a point at the northeast corner of said 5.04 acre	19593
tract, on the westerly line of Tuttle Park Place, being 18.57 feet	19594
right of Station 67+85.02;	19595

Thence South 03°42'42" West, along the easterly line of said 5.04	19596
acre tract, the westerly line of Tuttle Park Place, a distance of	19597
20.00 feet to a point, being 38.57 feet right of Station 67+85.00;	19598

Thence South 86°17'18" East, along the northerly line of Tuttle	19599
Park Place as vacated by said Ordinance No. 919-75, a distance of	19600
60.00 feet to a point on the easterly line of Tuttle Park Place,	19601
the westerly line of Lot 211 of said R.P. Woodruff's Agricultural	19602
Addition, being 38.63 feet right of Station 68+45.00;	19603

Thence North 03°42'42" East, along the easterly line of Tuttle	19604
Park Place, the westerly line of said Lot 211, a distance of 20.00	19605
feet to a point at the northwest corner of said Lot 211, on the	19606
southerly line of West Lane Avenue, being 18.63 feet right of	19607
Station 68+45.02;	19608

Thence South 86°17'18" East, along the southerly line of West Lane	19609
Avenue, the northerly lines of Lots 211 through 231, a distance of	19610
629.89 feet to a point at the northeast corner of said Lot 231, on	19611
the westerly line of Neil Avenue, being 25.11 feet right of	19612
Station 74+75.00;	19613

Thence South 03°42'42" West, along the easterly line of said Lot	19614
231, the westerly line of Neil Avenue a distance of 20.00 feet to	19615
a point, being 45.11 feet right of Station 74+75.00;	19616

Thence South 86°17'18" East, along the northerly line of Neil	19617
Avenue as vacated by said Ordinance No. 919-75, a distance of	19618
80.00 feet to a point on the easterly line of Neil Avenue, the	19619
westerly line of Lot 233 of said R.P. Woodruff's Agricultural	19620
Addition, being 45.12 feet right of Station 75+55.00;	19621

Thence North 03°42'42" East, along the easterly line of Neil	19622
Avenue, the westerly line of said Lot 233, a distance of 20.00	19623
feet to a point at the northwest corner of said Lot 233, on the	19624
southerly line of West Lane Avenue, being 25.12 feet right of	19625
Station 75+55.00;	19626

Thence South 86°17'18" East, along the southerly line of West Lane	19627
Avenue, the northerly lines of Lots 233 through 252, the northerly	19628
lines of said OSU North Urban Renewal, Plat 1 and Plat 2, a	19629
distance of 1350.62 feet to a point at the northeast corner of	19630
said OSU North Urban Renewal, Plat 2, on the westerly line of	19631
North High Street, being 45.40 feet right of Station 89+01.19;	19632

Thence South 08°16'08" East, along the easterly line of said OSU	19633
North Urban Renewal, Plat 2, the westerly line of North High	19634
Street, a distance of 27.95 feet to a point, being 45.04 feet left	19635
of Station 299+30.00;	19636

Thence passing through said lands owned by The State of Ohio, the	19637
following 36 courses:	19638

1. North 48°38'40" West, 40.22 feet to a point, being 45.00 feet	19639
right of Station 88+75.00;	19640

2. South 86°46'26" West, 79.95 feet to a point, being 45.00 feet	19641
right of Station 87+95.05;	19642

3. Along the arc of a curve to the right, having a radius of	19643
999.93 feet, an arc length of 120.97 feet to a point, being 45.00	19644
feet right of Station 86+79.53, said arc being subtended by a	19645
chord bearing North 89°45'37.9" West, a chord distance of 120.89	19646
feet;	19647

4. North 86°17'42" West, 461.03 feet to a point, being 45.00 feet	19648
right of Station 82+18.50;	19649

5. South 03°42'18" West, 10.00 feet to a point, being 55.00 feet	19650
right of Station 82+18.50;	19651

6. North 86°17'42" West, 60.00 feet to a point, being 55.00 feet	19652
right of Station 81+58.50;	19653

7. North 03°42'18" East, 17.00 feet to a point, being 38.00 feet	19654
right of Station 81+58.50;	19655

8. North 86°17'42" West, 80.50 feet to a point, being 38.00 feet	19656
right of Station 80+78.00;	19657

9. South 39°14'34" West, 8.60 feet to a point, being 45.00 feet	19658
right of Station 80+73.00;	19659

10. North 86°17'42" West, 508.00 feet to a point, being 45.00 feet	19660
right of Station 75+65.00;	19661

11. South 03°42'18" West, 10.00 feet to a point, being 55.00 feet	19662
right of Station 75+65.00;	19663

12. North 86°17'42" West, 100.00 feet to a point, being 55.00 feet	19664
right of Station 74+65.00;	19665

13. North 03°42'18" East, 10.00 feet to a point, being 45.00 feet	19666
right of Station 74+65.00;	19667

North 86°17'42" West, 107.57 feet to a point, being 45.00 feet	19668
right of Station 73+57.43;	19669

14. Along the arc of a curve to the left, having a radius of	19670
5684.58 feet, an arc length of 188.26 feet to a point of reverse	19671
curvature, being 45.00 feet right of Station 71+67.68, said arc	19672
being subtended by a chord bearing North 87°14'37.0" West, a chord	19673
distance of 188.25 feet;	19674

15. Along the arc of a curve to the right, having a radius of	19675
5774.58 feet, an arc length of 185.77 feet to a point, being 45.00	19676
feet right of Station 69+83.36, said arc being subtended by a	19677
chord bearing North 87°16'14.6" West, a chord distance of 185.76	19678
feet;	19679

16. North 86°20'57" West, 108.36 feet to a point, being 45.00 feet	19680
right of Station 68+75.00;	19681

17. South 48°39'03" West, 28.28 feet to a point, being 65.00 feet	19682
right of Station 68+65.00;	19683

18. North 86°20'57" West, 85.00 feet to a point, being 65.00 feet	19684
right of Station 67+70.00;	19685

19. North 41°20'57" West, 28.28 feet to a point, being 45.00 feet	19686
right of Station 67+50.00;	19687

20. North 86°20'57" West, 540.00 feet to a point, being 45.00 feet	19688
right of Station 62+10.00;	19689

21. South 03°39'03" West, 20.00 feet to a point, being 65.00 feet	19690
right of Station 62+10.00;	19691

22. North 86°21'38" West, 104.82 feet to a point, being 65.00 feet	19692
right of Station 61+05.00;	19693

23. North 03°29'43" East, 20.00 feet to a point, being 45.00 feet	19694
right of Station 61+05.00;	19695

24. Along the arc of a curve to the left, having a radius of	19696
5684.58 feet, an arc length of 222.11 feet to a point of reverse	19697
curvature, being 45.00 feet right of Station 58+81.13, said arc	19698
being subtended by a chord bearing North 87°37'26.8" West, a chord	19699
distance of 222.10 feet;	19700

25. Along the arc of a curve to the right, having a radius of	19701
5774.58 feet, an arc length of 81.03 feet to a point, being 45.00	19702
feet right of Station 58+00.74, said arc being subtended by a	19703
chord bearing North 88°20'29.4" West, a chord distance of 81.02	19704
feet;	19705

26. North 89°54'24" West, 164.76 feet to a point, being 53.00	19706
feet right of Station 56+37.56;	19707

27. South 48°58'26" West, 81.01 feet to a point, being 110.00 feet	19708
right of Station 55+80.00;	19709

28. North 86°18'28" West, 506.53 feet to a point on an easterly	19710
line of Olentangy River Road, being 93.07 feet right of Station	19711
119+04.31;	19712

29. North 73°46'29" West, 190.00 feet to a point on a westerly	19713
line of Olentangy River Road, being 96.85 feet left of Station	19714
119+10.00;	19715

30. Thence North 39°34'55" West, 35.28 feet to a point, being	19716
48.00 feet right of Station 48+65.00;	19717

31. Thence North 84°51'39" West, 177.71 feet to a point on a	19718
southerly line of West Lane Avenue, being 46.05 feet right of	19719
Station 46+85.00;	19720

32. North 2°21'58" East, 46.05 feet to a point in the centerline	19721
of West Lane Avenue, being at Centerline Station 46+85.00;	19722

33. Along the centerline of West Lane Avenue, along the arc of a	19723
curve to the right, having a radius of 1762.95 feet, an arc length	19724
of 86.54 feet to a point of tangency, being at Centerline Station	19725
47+71.54, said arc being subtended by a chord bearing South	19726
86°13'40.0" East, a chord distance of 86.53 feet;	19727

34. South 84°49'18" East, along the centerline of West Lane	19728
Avenue, 201.33 feet to a point of curvature, being at Centerline	19729
Station 49+72.87;	19730

35. Along the centerline of West Lane Avenue, along the arc of a	19731
curve to the left, having a radius of 6250.45 feet, an arc length	19732
of 27.13 feet, said arc being subtended by a chord bearing South	19733
84°56'45.2" East, a chord distance of 27.13 feet, to the Place of	19734
Beginning, and containing 4.662 acres of land (1.066 acres of	19735
which is within an easement for the widening of West Lane Avenue	19736
of record in Deed Book 3464, Page 105, and 1.153 acres of which is	19737
within P.R.O., leaving a net take of 2.443 acres). A detail of the	19738
areas split from each Auditor's parcel is attached on the	19739
following page. The bearings for this description are based on a	19740
bearing of North 68°52'08" East from Franklin County control	19741
monument "ASTRO" to control monument "LANE" and are based on the	19742
NAD83 State Plane Coordinate System, Ohio South Zone.	19743

This description was prepared by ms consultants, inc. from an	19744
actual field survey (1995-1999) and existing records	19745

(B) The Governor is hereby authorized to execute a deed of	19746
easement in the name of the state conveying to the City of	19747
Columbus, and its successors and assigns, the following easements:	19748

PARCEL 1-S-1 (0.098 Ac.)

19749

LANE AVENUE

19750

SEWER EASEMENT

19751

Situated in the State of Ohio, County of Franklin, City of	19752
Columbus, Section 3, Township 1, Range 18, United States Military	19753
Lands, and being part of a 69 acre tract described in a deed to	19754
The State of Ohio, of record in Deed Book 616, Page 399, and being	19755
part of a 79.59 acre tract described in a deed to The State of	19756
Ohio, of record in Deed Book 428, Page 192, Recorder's Office,	19757
Franklin County, Ohio, all stations and offsets reference the	19758
Centerline Survey Plat of Lane Avenue prepared by ms consultants,	19759
inc. for the City of Columbus, said Parcel 1-S-1 being more	19760
particularly described as follows:	19761

Commencing for Reference at centerline intersection of Olentangy	19762
River Road and West Lane Avenue, being at Centerline Station	19763
50+00.00;	19764

Thence easterly, along the centerline of West Lane Avenue, along	19765
the arc of a curve to the left, having a radius of 6250.45 feet,	19766
an arc distance of 135.01 feet, said arc being subtended by a	19767
chord bearing South 85°41'22" East, a chord distance of 135.00	19768
feet, to a point of tangency, being at Centerline Station	19769
51+35.01;	19770

Thence South 86°18'28" East, continuing along the centerline of	19771
West Lane Avenue, a distance of 4.30 feet to a point, being at	19772
Centerline Station 51+39.31;	19773

Thence South 3°41'32" West, a distance of 110.00 feet to a point	19774
within said 69 acre tract, being 110.00 feet right of Station	19775
51+39.31, and being the True Place of Beginning;	19776

Thence continuing within said 69 acre tract and said 79.59 acre	19777
tract the following 6 courses:	19778

1. South 5°47'25" West, 59.12 feet to a point, being 169.08 feet	19779
right of Station 51+37.15;	19780

2. South 42°43'05" East, 55.61 feet to a point, being 207.42 feet	19781
right of Station 51+77.43;	19782

3. South 3°41'32" West, 41.42 feet to a point, being 248.84 feet	19783
right of Station 51+77.43;	19784

4. North 42°43'05" West, 97.69 feet to a point, being 181.55 feet	19785
right of Station 51+07.47;	19786

5. North 5°47'25" East, 71.54 feet to a point, being 110.05 feet	19787
right of Station 51+09.74;	19788

6. South 86°18'28" East, 30.02 feet to the True Place of	19789
Beginning, and containing 0.098 acres of land.	19790

The bearings for this description are based on a bearing of North	19791
68°52'08" East from Franklin County control monument "ASTRO" to	19792
control monument "LANE" and are based on the NAD83 State Plane	19793
Coordinate System, Ohio South Zone.	19794

This description was prepared by ms consultants, inc. from an	19795
actual field survey (1995-1999) and existing records.	19796

PARCEL 1-S-2 (0.181 Ac.)

19797

LANE AVENUE

19798

SEWER EASEMENT

19799

Situated in the State of Ohio, County of Franklin, City of	19800
Columbus, Section 3, Township 1, Range 18, United States Military	19801
Lands, and being part of a 5.04 acre tract described in a deed to	19802
The State of Ohio, of record in Deed Book 641, Page 242,	19803
Recorder's Office, Franklin County, Ohio, all stations and offsets	19804
reference the Centerline Survey Plat of Lane Avenue prepared by ms	19805
consultants, inc. for the City of Columbus, said Parcel 1-S-2	19806
being more particularly described as follows:	19807

Beginning for Reference at the centerline intersection of	19808
Olentangy River Road and West Lane Avenue, being at Centerline	19809
Station 50+00.00;	19810

Thence easterly, along the centerline of West Lane Avenue, along	19811
the arc of a curve to the left, having a radius of 6250.45 feet,	19812
an arc distance of 135.01 feet, said arc being subtended by a	19813
chord bearing South 85°41'22" East, a chord distance of 135.00	19814
feet, to a point of tangency, being at Centerline Station	19815
51+35.01;	19816

Thence South 86°18'28" East, continuing along the centerline of	19817
West Lane Avenue, a distance of 502.55 feet to a point, being at	19818
Centerline Station 56+37.56;	19819

Thence South 3°41'32" West, a distance of 53.00 feet to a point	19820
within said 5.04 acre tract, being 53.00 feet right of Station	19821
56+37.56, and being the True Place of Beginning;	19822

Thence continuing within said 5.04 acre tract the following 8	19823
courses:	19824

1. South 89°54'24" East, 35.61 feet to a point, being 50.87 feet	19825
right of Station 56+72.79;	19826

2. South 50°01'11" West, 56.05 feet to a point, being 89.47 feet	19827
right of Station 56+32.57;	19828

3. South 01°30'42" West, 80.00 feet to a point, being 169.41 feet	19829
right of Station 56+35.61;	19830

4. South 50°01'11" West, 170.43 feet to a point, being 287.10 feet	19831
right of Station 55+12.34;	19832

5. North 5°01'11" East, 42.43 feet to a point, being 244.68 feet	19833
right of Station 55+13.32;	19834

6. North 50°01'11" East, 126.91 feet to a point, being 157.05 feet	19835
right of Station 56+05.12;	19836

7. North 01°30'42" East, 69.35 feet to a point, being 87.74 feet	19837
right of Station 56+02.48;	19838

8. North 48°58'26" East, 49.38 feet to the True Place of	19839
Beginning, and containing 0.181 acres of land.	19840

The bearings for this description are based on a bearing of North	19841
68°52'08" East from Franklin County control monument "ASTRO" to	19842
control monument "LANE" and are based on the NAD83 State Plane	19843
Coordinate System, Ohio South Zone.	19844

This description was prepared by ms consultants, inc. from an	19845
actual field survey (1995-1999) and existing records.	19846

PARCEL 1-S-3 (0.018 Ac.)

19847

LANE AVENUE

19848

TEMPORARY CONSTRUCTION EASEMENT

19849

Situated in the State of Ohio, County of Franklin, City of	19850
Columbus, Section 3, Township 1, Range 18, United States Military	19851
Lands, and being part of a 69 acre tract described in a deed to	19852
The State of Ohio, of record in Deed Book 616, Page 399,	19853
Recorder's Office, Franklin County, Ohio, all stations and offsets	19854
reference the Centerline Survey Plat of Lane Avenue prepared by ms	19855
consultants, inc. for the City of Columbus, said Parcel 1-S-3	19856
being more particularly described as follows:	19857

Beginning for Reference at the centerline intersection of	19858
Olentangy River Road and West Lane Avenue, being at Olentangy	19859
River Road Centerline Station 120+00.00;	19860

Thence North 14°30'28" East, along the centerline of Olentangy	19861
River Road, a distance of 220.89 feet to a point of curvature,	19862
being at Centerline Station 122+20.89;	19863

Thence northerly, along the centerline of Olentangy River Road,	19864
along the arc of a curve to the left, having a radius of 3819.72	19865
feet, an arc distance of 300.53 feet, said arc being subtended by	19866
a chord bearing North 12°15'14" East, a chord distance of 300.46	19867
feet, to a point of tangency, being at Centerline Station	19868
125+21.43;	19869

Thence North 9°59'59" East, continuing along the centerline of	19870
Olentangy River Road, a distance of 181.50 feet to a point, being	19871
at Centerline Station 127+02.93;	19872

Thence North 80°00'01" West, a distance of 70.22 feet to a point	19873
within said 69 acre tract, on the westerly right-of-way line of	19874
Olentangy River Road, being 70.22 feet left of Station 127+02.93,	19875
and being the True Place of Beginning;	19876

Thence continuing within said 69 acre tract the following 4	19877
courses:	19878

1. South 10°05'49" West, along the westerly right-of-way line of	19879
Olentangy River Road, 24.97 feet to a point, being 70.26 feet left	19880
of Station 126+77.96;	19881

2. South 63°18'30" West, 32.17 feet to a point, being 96.06 feet	19882
left of Station 126+58.74;	19883

3. North 26°41'30" West, 20.00 feet to a point, being 108.01 feet	19884
left of Station 126+74.77;	19885

4. North 63°18'30" East, 47.13 feet to the True Place of	19886
Beginning, and containing 0.018 acres of land.	19887

The bearings for this description are based on a bearing of North	19888
68°52'08" East from Franklin County control monument "ASTRO" to	19889
control monument "LANE" and are based on the NAD83 State Plane	19890
Coordinate System, Ohio South Zone.	19891

This description was prepared by ms consultants, inc. from an	19892
actual field survey (1995-1999) and existing records.	19893

(C) Consideration for the conveyance of the real estate	19894
described in division (A) of this section and for the conveyance	19895
of the easements described in division (B) of this section is the	19896
purchase price of $1,480,000.00, which shall be paid by the City	19897
of Columbus in certain roadway enhancements as described in a real	19898
estate purchase contract dated May 12, 2003.	19899

(D) Upon completion of the roadway enhancements described in	19900
division (C) of this section, the Auditor of State, with the	19901
assistance of the Attorney General, shall prepare a deed to the	19902
real estate described in division (A) of this section and a deed	19903
to the easements described in division (B) of this section. The	19904
deeds shall state the consideration. The deeds shall be executed	19905
by the Governor in the name of the state, countersigned by the	19906
Secretary of State, sealed with the Great Seal of the State,	19907
presented in the Office of the Auditor of State for recording, and	19908
delivered to the City of Columbus. The City of Columbus shall	19909
present the deeds for recording in the Office of the Franklin	19910
County Recorder.	19911

(E) The City of Columbus shall pay the costs of the	19912
conveyances described in divisions (A) and (B) of this section.	19913

(F) This section expires one year after its effective date.

19914

Section 525.90. (A) The Governor is hereby authorized to	19915
execute a deed in the name of the state conveying to the City of	19916
Columbus, and its successors and assigns, all of the state's	19917
right, title, and interest in the following described real estate:	19918

PARCEL 7-WD (0.010 Ac.)

19919

Situated in the State of Ohio, County of Franklin, City of	19920
Columbus, Section 3, Township 1, Range 18, United States Military	19921
Lands, and being part of Lots 3, 4, 5, and 6 of the Jacob Weber	19922
Place subdivision, of record in Plat Book 17, Pages 28 and 29,	19923
said Lots 3, 4, 5, and 6 also being described in a deed to the	19924
State of Ohio, of record in Official Record 16902 B17, all records	19925
are on file in the Recorder's Office, Franklin County, Ohio, all	19926
stations and offsets reference the Centerline Survey Plat of Lane	19927
Avenue prepared by ms consultants, inc. for the City of Columbus,	19928
said Parcel 7-WD being more particularly described as follows:	19929

Beginning for Reference at the centerline intersection of Tuttle	19930
Park Place and West Lane Avenue, being at Centerline Station	19931
68+12.54;	19932

Thence North 86°20'57" West, along the centerline of West Lane	19933
Avenue, a distance of 119.68 feet to a point, being at Centerline	19934
Station 66+92.86;	19935

Thence North 3°39'03" East, a distance of 41.53 feet to a point at	19936
the southeast corner of said Lot 3, the southwest corner of Lot 2	19937
of said Jacob Weber Place subdivision, on the northerly line of	19938
West Lane Avenue, being 41.53 feet left of Station 66+92.86	19939
(witness an iron pin found 41.43' left of sta. 66+92.94), and	19940
being the True Place of Beginning;	19941

Thence North 86°17'18" West, along the southerly lines of said	19942
Lots 3, 4, 5, and 6, the northerly line of Lane Avenue, a distance	19943
of 184.44 feet to a point at the southwest corner of said Lot 6,	19944
the southeast corner of Lot 7 of said Jacob Weber Place	19945
subdivision, being 41.73 feet left of Station 65+08.41;	19946

Thence North 3°42'42" East, along the easterly line said Lot 7,	19947
the westerly line of said Lot 6, a distance of 2.27 feet to a	19948
point, being 44.00 feet left of Station 65+08.42;	19949

Thence South 86°20'57" East, passing through said Lots 3, 4, 5,	19950
and 6, a distance of 184.44 feet to a point on the easterly line	19951
of said Lot 3, on the westerly line of said Lot 2, being 44.00	19952
feet left of Station 66+92.86;	19953

Thence South 3°42'42" West, along the easterly line of said Lot 3,	19954
the westerly line of said Lot 2, a distance of 2.47 feet to the	19955
True Place of Beginning, and containing 0.010 acres of land.	19956

The bearings for this description are based on a bearing of North	19957
68°52'08" East from Franklin County control monument "ASTRO" to	19958
control monument "LANE" and are based on the NAD83 State Plane	19959
Coordinate System, Ohio South Zone.	19960

This description was prepared by ms consultants, inc. from an	19961
actual field survey (1995-1999) and existing records.	19962

(B) Consideration for the conveyance of the real estate	19963
described in division (A) of this section is the purchase price of	19964
$10,575.00.	19965

(C) Upon payment of the purchase price, the Auditor of State,	19966
with the assistance of the Attorney General, shall prepare a deed	19967
to the real estate described in division (A) of this section. The	19968
deed shall state the consideration. The deed shall be executed by	19969
the Governor in the name of the state, countersigned by the	19970
Secretary of State, sealed with the Great Seal of the State,	19971
presented in the Office of the Auditor of State for recording, and	19972
delivered to the City of Columbus. The City of Columbus shall	19973
present the deed for recording in the Office of the Franklin	19974
County Recorder.	19975

(D) The City of Columbus shall pay the costs of the	19976
conveyance described in division (A) of this section.	19977

(E) The net proceeds of the sale of the real estate described	19978
in division (A) of this section shall be deposited in the Ohio	19979
State University General Fund.	19980

(F) This section expires one year after its effective date.

19981

Section 527.10. (A) The Governor is hereby authorized to	19982
execute a deed in the name of the state conveying to a purchaser	19983
or purchasers, and the purchaser's or purchasers' successors and	19984
assigns or heirs and assigns, the state's right, title and	19985
interest in the following described real estate:	19986

Real estate situated in the County of Union, State of Ohio, and in	19987
the Township of Paris, and bounded and described as follows:	19988

Being part of Survey No. 3354, and bounded and described as	19989
follows:	19990

Beginning at a point in the center of the Marysville Milford	19991
Center Road (State Routes Nos. 4 and 36), point being the	19992
northerly corner of the Golda Dennis 0.50 acre tract; thence with	19993
the center line of said road North 44° 30' East 470.6 feet to a	19994
point; thence South 45° 30' East (passing over an iron pin at 30	19995
feet) 388.8 feet to an iron pin; thence South 11° 18' West 283.5	19996
feet to an iron pin; thence South 84° 03' West 317.2 feet to an	19997
iron pin at a corner post; thence with the northerly line of the	19998
said Dennis tract North 43° 28' West (passing over an iron pin at	19999
313 feet) 343 feet to the point of beginning.	20000

Containing 4.988 acres, more or less, but subject to the legal	20001
road right of way.	20002

Being a part of Tract I described in Union County Deed Record	20003
Volume 139 page 309.	20004

LAST DEED REFERENCE: VOLUME 206 PAGE 325, RECORDS OF UNION COUNTY,	20005
OHIO.	20006

(B) Consideration for the conveyance of the real estate	20007
described in division (A) of this section is the purchase price of	20008
$230,000.00.	20009

(C) Upon payment of the purchase price, the Auditor of State,	20010
with the assistance of the Attorney General, shall prepare a deed	20011
to the real estate described in division (A) of this section. The	20012
deed shall state the consideration. The deed shall be executed by	20013
the Governor in the name of the state, countersigned by the	20014
Secretary of State, sealed with the Great Seal of the State,	20015
presented in the Office of the Auditor of State for recording, and	20016
delivered to the purchaser or purchasers. The purchaser or	20017
purchasers shall present the deed for recording in the Office of	20018
the Union County Recorder.	20019

(D) The purchaser or purchasers shall pay the costs of the	20020
conveyance of the real estate described in division (A) of this	20021
section.	20022

(E) The net proceeds from the sale of the real estate	20023
described in division (A) of this section shall be deposited in	20024
the Ohio State University General Fund.	20025

(F) This section expires one year after its effective date.

20026

Section 527.20. (A) The Governor is hereby authorized to	20027
execute a deed in the name of the state conveying jointly to the	20028
Village of Apple Creek and the Board of Township Trustees of East	20029
Union Township, Wayne County, all of the state's right, title, and	20030
interest in the following described real estate:	20031

Parcel One

20032

Situated in the Township of East Union, County of Wayne, State of	20033
Ohio and known as being a part of the Southeast and Southwest	20034
Quarters of Section 16 and the Northeast and Northwest Quarters of	20035
Section 21, T-16N; R-12W, also known as being a part of lands	20036
conveyed to the State of Ohio in Volume 207, Page 223; Volume 207,	20037
Page 224; Volume 207, Page 228; Volume 207, Pages 226-227; and	20038
Volume 206, Page 454, of Wayne County Deed Records and further	20039
bounded and described as follows:	20040

Beginning at a 1" pipe found at the northwest corner of the	20041
Northwest Quarter of Section 21:	20042

1) Thence N 89° 19' 38" E along the section line and the southerly	20043
line of lands conveyed to Oris Earl and Dorothy Ellen Steiner	20044
in Volume 545; Page 386 of Wayne County Deed Records a	20045
distance of 1363.52 feet to a 1 1/2" pipe found at the	20046
southeast corner of Steiner;	20047

2) Thence N 00° 20' 53" E along the easterly line of said Steiner	20048
a distance of 70.00 feet to a 1" pipe found;	20049

3) Thence S 89° 49' 28" E, 809.75 feet to a 5/8" rebar with I.D.	20050
cap marked "S.J.L., INC." set on the westerly line of lands	20051
conveyed to Wayne County in Volume 720; Page 772 of Wayne	20052
County Deed Records;	20053

4) Thence S 00° 40' 22" E along the westerly line of said Wayne	20054
County a distance of 58.00 feet to a rebar over a stone found	20055
on the section line;	20056

5) Thence S 00° 40' 21" E along the westerly line of said Wayne	20057
County a distance of 240.00 feet to a 5/8" rebar found at the	20058
southwest corner thereof;	20059

6) Thence N 89° 18' 59" E along the southerly line of said Wayne	20060
County a distance of 550.13 feet to a 5/8" rebar found at the	20061
southeast corner;	20062

7) Thence N 00° 59' 39" E along the easterly line of said Wayne	20063
County a distance of 240.00 feet to a rebar over a stone	20064
found on the section line;	20065

8) Thence N 00° 23' 47" W along the easterly line of said Wayne	20066
County a distance of 113.44 feet to a 1" pipe found;	20067

9) Thence N 89° 18' 10" E along the southerly line of said Wayne	20068
County a distance of 521.12 feet to a 1" pipe found at the	20069
southeasterly corner thereof;	20070

10) Thence N 00º 36' 26" E along the easterly line of said Wayne	20071
County a distance of 150.61 feet to a 1" pipe found;	20072

11) Thence S 89° 00' 00" E along the southerly line of said Wayne	20073
County a distance of 291.03 feet to a 1" pipe found on the	20074
westerly line of lands conveyed to the Wayne County Fire	20075
Rescue Association in Volume 663; Page 123 of Wayne County	20076
Deed Records;	20077

12) Thence S 17° 31' 23" W along the westerly line of said Wayne	20078
County Fire Rescue Association and passing through a 5/8"	20079
rebar found at 268.87 feet on the section line a total	20080
distance of 662.32 feet to a 5/8" rebar found;	20081

13) Thence S 62° 13' 08" E, 51.88 feet to a 5/8" rebar found;

20082

14) Thence S 05° 53' 22" W along the westerly line of said Wayne	20083
County Fire Rescue Association a distance of 466.73 feet to a	20084
5/8" rebar found at a southwesterly corner thereof;	20085

15) Thence S 88° 16' 54" E along the southerly line of said Wayne	20086
County Fire Rescue Association a distance of 327.10 feet to a	20087
5/8" rebar found;	20088

16) Thence S 01° 39' 27" W along the westerly line of said Wayne	20089
County Fire Rescue Association a distance of 442.22 feet to a	20090
5/8" rebar found at the southwesterly corner thereof;	20091

17) Thence S 89° 04' 05" W, 137.09 feet to a 5/8" rebar with I.D.	20092
cap marked "S.J.L., INC." set;	20093

18) Thence S 00° 0' 05" W, 655.89 feet to a 5/8" rebar with I.D.	20094
cap marked "S.J.L., INC." set;	20095

19) Thence N 89° 58' 55" W, 1039.31 feet to a 5/8" rebar with I.D.	20096
cap marked "S.J.L., INC." set;	20097

20) Thence N 00° 01' 05" E, 274.73 feet to a 5/8" rebar with I.D.	20098
cap marked "S.J.L., INC." set;	20099

21) Thence S 86° 58' 55" W, 695.35 feet to a 5/8" rebar with I.D.	20100
cap marked "S.J.L., INC." set at a point of curvature;	20101

22) Thence northwesterly 166.81 feet along the arc of a curve	20102
deflecting to the right, said curve having a radius of 257.00	20103
feet, a central angle of 37° 11' 20" and a chord which bears	20104
N 74° 25' 25" W, 163.90 feet to a 5/8" rebar with I.D. cap	20105
marked "S.J.L., INC." set at a point of reverse curve;	20106

23) Thence northwesterly 60.37 feet along the arc of a curve	20107
deflecting to the left, said curve having a radius of 515.54	20108
feet, a central angle of 06° 42' 35" and a chord which bears	20109
N 59° 11' 02" W, 60.34 feet to a 5/8" rebar with I.D. cap	20110
marked "S.J.L., INC." set;	20111

24) Thence N 62° 32' 20" W, 267.57 feet to a 5/8" rebar with I.D.	20112
cap marked "S.J.L., INC." set at a point of curvature;	20113

25) Thence northwesterly 129.18 feet along the arc of a curve	20114
deflecting to the right, said curve having a radius of 219.70	20115
feet, a central angle of 33° 41' 22" and a chord which bears	20116
N 45° 41' 38" W, 127.33 feet to a 5/8" rebar with I.D. cap	20117
marked "S.J.L., INC." set at a point of reverse curve;	20118

26) Thence northwesterly 225.18 feet along the arc of a curve	20119
deflecting to the left, said curve having a radius of 932.78	20120
feet a central angle of 13° 49' 53" and a chord which bears N	20121
35° 45' 54" W, 224.63 feet to a 5/8" rebar with I.D. cap	20122
marked "S.J.L., INC." set at a point of compound curve;	20123

27) Thence northwesterly 375.09 feet along the arc of a curve	20124
deflecting to the left, said curve having a radius of 267.00	20125
feet, a central angle of 80° 29' 25" and a chord which bears	20126
N 82° 55' 33" W, 345.00 feet to a 5/8" rebar with I.D. cap	20127
marked "S.J.L., INC." set at a point of reverse curve;	20128

28) Thence southwesterly 306.27 feet long the arc of a curve	20129
deflecting to the right, said curve having a radius of	20130
1179.00 feet, a central angle of 14° 53' 02" and a chord	20131
which bears S 64° 16' 16" W, 305.41 feet to a 5/8" rebar with	20132
I.D. cap marked "S.J.L., INC." set;	20133

29) Thence S 71° 42' 47" W, 525.58 feet to a monument spike set on	20134
the section line and centerline of Apple Creek Road (C.R.	20135
44);	20136

30) Thence N 00° 00' 03" W along the section line and centerline	20137
of Apple Creek Road a distance of 1479.67 feet to the place	20138
of beginning and containing within said bounds 130.822 acres	20139
of land of which 1.191 acres are in the Southwest Quarter of	20140
Section 16, 2.861 acres are in the Southeast Quarter of	20141
Section 16, 35.159 acres are in the Northeast Quarter of	20142
Section 21 and 91.611 acres are in the Northwest Quarter of	20143
Section 21, more or less, and subject to all legal highways	20144
and easements of record.	20145

This description was prepared by Virgil D. Landis, P.S. #6551 from	20146
a survey made in April of 2000 by Shaffer, Johnston, Lichtenwalter	20147
& Associates, Inc. Bearings are based on the Section line between	20148
Sections 16 and 21, bearing N 89° 19' 38" E according to record	20149
survey "EE"-429.	20150

See Survey "QQ" Page 528.

20151

Excepting therefrom the following described parcel:

20152

Situated in the Township of East Union, County of Wayne, State of	20153
Ohio and being known as being a part of the Northeast Quarter of	20154
Section 21, T-16N, R-12W and also a part of lands of the State of	20155
Ohio as recorded in Official Record 207, Page 224 and being	20156
further bounded and described as follows:	20157

Commencing at an iron pin and stone found marking the northeast	20158
corner of the Northeast Quarter of Section 21;	20159

Thence S 86°05'34" W, 855.22 feet with the north line of said	20160
Quarter Section to a 5/8" rebar found on the east line of lands of	20161
The Wayne County Fire Rescue Assoc. as recorded in Volume 663,	20162
Page 123;	20163

Thence continuing S 86°05'34"W, 1147.11 feet to a 5/8" rebar found	20164
on the easterly line of the Grantor;	20165

Thence S 14°18'47"W, 388.24 feet with the west line of the Grantor	20166
to a 5/8" rebar found and being the principal place of beginning	20167
of the parcel herein described;	20168

1) Thence S 65°08'56"E with a northerly line of the Grantor a	20169
distance of 50.85 feet to a 5/8" rebar found;	20170

2) Thence S 02°40'46"W with an easterly line of the Grantor a	20171
distance of 471.99 feet to a 5/8" rebar found;	20172

3) Thence N 88°30'30"E, 327.08 feet with a northerly line of the	20173
Grantor a 5/8" rebar found;	20174

4) Thence S 01°32'02"E, 442.22 feet with an easterly line of the	20175
Grantor to a 5/8" rebar found;	20176

5) Thence S 85°51'29"W, 205.84 feet to a 5/8" rebar and cap set;

20177

6) Thence N 07°14'47"W, 112.61 feet to a 5/8" rebar and cap set;

20178

7) Thence N 85°10'27"W, 150.74 feet to a 5/8" rebar and cap set;

20179

8) Thence N 02°28'35"E, 773.07 feet to a 5/8" rebar and cap set;

20180

9) Thence N 30°49'40"W, 51.84 feet to the place of beginning and	20181
containing within said bounds 3.472 acres be the same more or	20182
less.	20183

Subject to all legal highways and easements of record. Basis of	20184
Bearings: Survey "JJ"-276. This description was prepared by Mark	20185
E. Purdy P.S. 7307 from a survey completed in July of 2005.	20186

Survey "SS"-779.

20187

Meaning to convey 127.350 acres

20188

Parcel No. 27-01866.000, 27-01867.000, 27-01876.000,	20189
27-__________.	20190

Parcel Two

20191

Situated in the Township of East Union, County of Wayne and State	20192
of Ohio and known as being a part of the southwest quarter of	20193
Section 21 and a part of the northwest quarter of Section 28,	20194
T-16N; R-12W and being further bounded and described as follows:	20195

Commencing at an iron pin found at the southwest corner of the	20196
southwest quarter of Section 21; thence N 89°42'44" E along the	20197
section line a distance of 691.84 feet to an iron pin set on the	20198
easterly line of the Apple Creek Cemetery and the principal place	20199
of beginning of the parcel herein described;	20200

1) Thence N 0°17'16" W, 70.85 feet to an iron pipe found;

20201

2) Thence N 89°42'44" E 76.56 feet to an iron pipe found;

20202

3) Thence N 01°17'16" W, 70.62 feet to an iron pipe found at the	20203
northeast corner of said cemetery;	20204

4) Thence N 89°42'44" E along the easterly prolongation of the	20205
northerly line of said cemetery 150.00 feet to an iron pin set;	20206

5) Thence S 13°49'14" W and passing through an iron pin set at	20207
145.87 feet on the section line a distance of 241.61 feet to a	20208
railroad spike set on the centerline of Church Street;	20209

6) Thence S 78°09'04" W along the centerline of Church Street	20210
171.14 feet to a railroad spike set at the southeast corner of the	20211
aforementioned cemetery;	20212

7) Thence N 0º17'6" W, 127.15 feet to the place of beginning and	20213
containing within said bounds 1.002 acres of land of which 0.554	20214
acre is in the southwest quarter of Section 21 and 0.448 acre is	20215
in the northwest quarter of Section 28 be the same more or less	20216
but subject to all legal highways.	20217

Survey "JJ"-200.

20218

Prior conveyance: Wayne County Deed Vol. 207, Pages 220, 228.

20219

Parcel No. 27-01877.003, 27-01877.000

20220

(B) Consideration for the conveyance of the real estate	20221
described in division (A) of this section is $420,000.00, as	20222
derived by mutual agreement reached between the Director of	20223
Administrative Services on behalf of the state, and the Village of	20224
Apple Creek and the Board of Township Trustees of East Union	20225
Township, Wayne County, through an executed Offer to Purchase.	20226

(C) Before the execution of the deed described in division	20227
(E) of this section, possession of the real estate described in	20228
division (A) of this section shall be governed by an existing	20229
interim lease between the Ohio Department of Administrative	20230
Services and the Village of Apple Creek and the Board of Township	20231
Trustees of East Union Township, Wayne County.	20232

(D) The deed described in division (E) of this section shall	20233
be subject to the following restrictions:	20234

(1) Until June 1, 2018, the Village of Apple Creek and the	20235
Board of Township Trustees of East Union Township, Wayne County,	20236
shall limit their usage, conveyance, or lease of the real estate	20237
described in division (A) of this section to a public purpose	20238
recognized by the Internal Revenue Service.	20239

(2) If the Village of Apple Creek or the Board of Township	20240
Trustees of East Union Township, Wayne County, breaches the	20241
restriction set forth in division (D)(1) of this section, they	20242
shall pay to the state a sum equal to the balance of the capital	20243
bond indebtedness of the Ohio Department of Mental Retardation and	20244
Developmental Disabilities for the Apple Creek Developmental	20245
Center that, at the time of the breach and as determined by the	20246
Office of Budget and Management, is attributable to the real	20247
estate described in division (A) of this section.	20248

(E) Upon payment of the purchase price, the Auditor of State,	20249
with the assistance of the Attorney General, shall prepare a deed	20250
to the real estate described in division (A) of this section. The	20251
deed shall state the consideration and the restrictions described	20252
in division (D) of this section. The deed shall be executed by the	20253
Governor in the name of the state, be countersigned by the	20254
Secretary of State, sealed with the Great Seal of the State, and	20255
presented for recording in the Office of the Auditor of State. The	20256
Village of Apple Creek and the Board of Township Trustees of East	20257
Union Township, Wayne County, shall present the deed for recording	20258
in the Office of the Wayne County Recorder.	20259

(F) The Village of Apple Creek and the Board of Township	20260
Trustees of East Union Township, Wayne County, shall pay the	20261
recordation and all other costs of the conveyance of the real	20262
estate described in division (A) of this section.	20263

(G) The net proceeds of the sale of the real estate described	20264
in division (A) of this section shall be deposited in the state	20265
treasury to the credit of Fund 33 Mental Health Improvement Fund.	20266

(H) This section expires one year after its effective date.

20267

Section 527.30. (A) The Governor is hereby authorized to	20268
execute a deed in the name of the state conveying to the Three	20269
Rivers Fire District, and its successors and assigns, all of the	20270
state's rights, title, and interest in the following described	20271
real estate:	20272

Situated in the Township of Keene, County of Coshocton, State of	20273
Ohio, and being 3.440 acres, more or less, in Lot 19, Plat of	20274
Hamilton's Section, DR 6, page 62, in the Fourth Quarter, Township	20275
6 North, Range 6 West, United States Military Lands, conveyed to	20276
the State of Ohio, DR 283-536 (part), Parcel No. 017-09400062-00	20277
(part), and being more particularly described as follows:	20278

Commencing at a point at Station 111+50, Cos-36-20.74 R/W Plan,	20279
Limited Access, Plat Book 3, page 43;	20280

Thence, N. 13°03'14" E. a distance of 125.00' to a 5/8" rebar set	20281
on the North Line of said Limited Access, said rebar being the	20282
TRUE POINT OF BEGINNING:	20283

Thence, through the property of State of Ohio, DR 283-536 and with	20284
the North Line of said Limited Access, N. 80° 24' 39" W. a	20285
distance of 24.20 to a 5/8" rebar set;	20286

Thence, continuing through the property of State of Ohio, DR	20287
283-536, the following 3 courses:	20288

1. thence, N. 10° 55' 32" E. a distance of 76.65' to a 5/8" rebar	20289
set;	20290

2. thence, N. 69° 10' 06" E. a distance of 746.20' to a 5/8" rebar	20291
set;	20292

3. thence, S. 88° 51' 07" E. a distance of 130.41' to a 5/8" rebar	20293
set on the West right-of-way of State Road 621;	20294

Thence, continuing through the property of State of Ohio, Dr	20295
283-536, and with the West right-of-way line of State Road 621, S	20296
44° 44' 18" W. a distance of 461.28' to a 5/8" rebar set;	20297

Thence, continuing through the property of State of Ohio, DR	20298
283-536, and with the North line of said Limited Access, the	20299
following 2 courses:	20300

1. thence, S. 74° 02' 13" W. a distance of 296.88' to a 5/8" rebar	20301
set;	20302

2. thence, N. 72° 06' 38" W. a distance of 218.95' to the TRUE	20303
POINT OF BEGINNING, containing 3.440 acres, more or less, and is	20304
subject to all easement, rights-of-way, or restrictions, whether	20305
recorded or implied.	20306

Bearings are based on Plat Book 3, page 43 and are for angular	20307
calculations only.	20308

Prior Instrument Reference: Deed Book 283, page 536

20309

Parcel Number: 017-09400062-00

20310

(B) Consideration for the conveyance of the real estate	20311
described in division (A) of this section shall be a purchase	20312
price based upon an appraisal and be approved by the Board of	20313
Trustees of The Ohio State University. The Board of Trustees shall	20314
cause the real estate to be appraised by one or more disinterested	20315
persons at a fee determined by the Board of Trustees. Upon the	20316
Board of Trustees' approval of the appraised value, the Board of	20317
Trustees shall notify the Three Rivers Fire District in writing of	20318
the purchase price for the real estate.	20319

(C) Upon the Three Rivers Fire District's payment of the	20320
purchase price as determined in accordance with division (B) of	20321
this section for the real estate described in division (A) of this	20322
section, the Auditor of State, with the assistance of the Attorney	20323
General, shall prepare a deed to the real estate. The deed shall	20324
state the consideration. The deed shall be executed by the	20325
Governor in the name of the State, countersigned by the Secretary	20326
of State, sealed with the Great Seal of the State, presented in	20327
the Office of the Auditor of State for recording, and delivered to	20328
the Three Rivers Fire District. The Three Rivers Fire District	20329
shall present the deed for recording in the Office of the	20330
Coshocton County Recorder.	20331

(D) The net proceeds of the sale of the real estate described	20332
in division (A) of this section shall be deposited in The Ohio	20333
State University's Endowment Fund for the Ohio Agricultural	20334
Research and Development Center.	20335

(E) The Three Rivers Fire District shall pay the costs of	20336
conveying the real estate described in division (A) of this	20337
section, including advertising costs, appraisal fees, and other	20338
costs incident to the sale of the real estate.	20339

(F) This section expires one year after its effective date.

20340

Section 527.40. (A) The Governor is hereby authorized to	20341
execute a deed in the name of the state conveying to the Board of	20342
Education of the Columbus City School District, and its successors	20343
and assigns, all of the state's right, title, and interest in the	20344
following described real estate that was intended to have been	20345
conveyed to the Board of Education of the Columbus City School	20346
District, but was omitted from the description of certain of the	20347
real estate conveyed [Parcel No. 21302 (Parcel 1); Instrument No.	20348
200601240015294 in the Office of the Franklin County Recorder] to	20349
the Board of Education of the Columbus City School District, in	20350
Section 6 of Sub. H.B. 139 of the 126th General Assembly:	20351

Situated in the County of Franklin, in the State of Ohio, and	20352
in the City of Columbus:	20353

Together with all right, title and interest in and to the	20354
(Ten) 10 foot alley vacated by the City of Columbus Ordinance No.	20355
70-54, passed February 8, 1954.	20356

Contained within Parcel No. 21302

20357

(B) The Auditor of State, with the assistance of the Attorney	20358
General, shall prepare a deed to the real estate described in	20359
division (A) of this section. The deed shall be executed by the	20360
Governor in the name of the state, countersigned by the Secretary	20361
of State, sealed with the Great Seal of the State, and presented	20362
for recording in the Office of the Auditor of State. The Board of	20363
Education of the Columbus City School District shall present the	20364
deed for recording in the Office of the Franklin County Recorder.	20365

(C) This section expires one year after its effective date.

20366

Section 527.50. (A) The Governor is hereby authorized to	20367
execute a deed in the name of the state conveying to a purchaser	20368
or purchasers, and the purchaser's or purchasers' heirs and	20369
assigns or successors and assigns, all of the state's right,	20370
title, and interest in the following described real estate:	20371

A parcel of land in the northwest quarter and northeast	20372
quarter of Section 16, Town 3, United States Reserve in the City	20373
of Toledo, Lucas County, Ohio, and being Lot 7 of the Lucas County	20374
Senior Citizens Complex Plat 1 as recorded in Plat Volume 110,	20375
Page 23, Lucas County Recorder's Office.	20376

Commencing at the north quarter corner of said Section 16;

20377

thence North 90 degrees 00 minutes 00 seconds West a distance	20378
of 33.79 feet along the north line of said Section 16, same being	20379
the centerline of Arlington Avenue, as it now exists, to the	20380
centerline of Detroit Avenue, as it now exists;	20381

thence South 26 degrees 18 minutes 17 seconds West a distance	20382
of 1332.31 feet along the said centerline of Detroit Avenue, as it	20383
now exists, to the intersection of said centerline of Detroit	20384
Avenue, as it now exists, with the westerly extension of a	20385
southerly line of said Lucas County Senior Citizens Complex Plat	20386
1;	20387

thence South 89 degrees 31 minutes 02 seconds East a distance	20388
of 55.55 feet along the westerly extension of a southerly line of	20389
said Lucas County Senior Citizens Complex Plat 1, to the easterly	20390
existing right of way line of Detroit Avenue, as it now exists,	20391
said point being a southwesterly corner of said Lucas County	20392
Senior Citizens Complex Plat 1;	20393

thence continuing South 89 degrees 31 minutes 02 seconds East	20394
a distance of 339.49 feet along a southerly line of said Lucas	20395
County Senior Citizens Complex Plat 1 to a point of deflection in	20396
said line;	20397

thence South 29 degrees 34 minutes 55 seconds East a distance	20398
of 248.26 feet along a southwesterly line of said Lucas County	20399
Senior Citizens Complex Plat 1 to a point of deflection in said	20400
line;	20401

thence North 60 degrees 25 minutes 05 seconds East a distance	20402
of 60.00 feet along a southeasterly line of said Lucas County	20403
Senior Citizens Complex Plat 1, to the southerly most corner of	20404
said Lot 7, said point being the TRUE POINT OF BEGINNING;	20405

thence North 29 degrees 34 minutes 55 seconds West a distance	20406
of 94.65 feet along a southwesterly line of said Lot 7, same being	20407
the easterly existing right of way line of Garden Lake Parkway, as	20408
it now exists, to a point;	20409

thence North 00 degrees 07 minutes 29 seconds East a distance	20410
of 102.88 feet along a westerly line of said Lot 7, same being an	20411
easterly line of a parcel of land owned by the State of Ohio as	20412
shown on said plat, to a corner of said Lot 7;	20413

thence North 89 degrees 31 minutes 02 seconds West a distance	20414
of 57.44 feet along a southerly line of said Lot 7, same being a	20415
northerly line of said parcel owned by the State of Ohio, to a	20416
corner of said Lot 7;	20417

thence northerly along a westerly line of said Lot 7, same	20418
being the easterly existing right of way line of Garden Lake	20419
Parkway, as it now exists, along a curve to the right having a	20420
radius of 120.82 feet, a central angle of 47 degrees 34 minutes 48	20421
seconds, an arc distance of 100.33 feet to a point of tangency,	20422
said curve having a chord direction of North 02 degrees 30 minutes	20423
52 seconds East and a chord length of 97.47 feet;	20424

thence North 26 minutes 18 minutes 17 seconds East a distance	20425
of 41.80 feet along a northwesterly line of said Lot 7 and	20426
easterly existing right of way line of Garden Lake Parkway, as it	20427
now exists, to a northwesterly corner of said Lot 7;	20428

thence South 63 degrees 41 minutes 43 seconds East a distance	20429
of 140.74 feet along a northerly line of said Lot 7, same being a	20430
southerly line of Lot 8 in said Lucas County Senior Citizens	20431
Complex Plat 1, to a corner of said Lot 7;	20432

thence North 44 degrees 56 minutes 46 seconds East a distance	20433
of 191.26 feet along an easterly line of said Lot 7, same being a	20434
southerly line of said Lot 8, to a northerly corner of said Lot 7;	20435

thence South 45 degrees 03 minutes 14 seconds East a distance	20436
of 262.84 feet along a northerly line of said lot 7, same being a	20437
southerly line of said Lot 8, to the northeasterly corner of said	20438
Lot 7;	20439

thence South 60 degrees 25 minutes 05 seconds West a distance	20440
of 421.04 feet along a southeasterly line of said Lot 7, same	20441
being a southeasterly line of said Lucas County Senior Citizens	20442
Complex Plat 1, to the TRUE POINT OF BEGINNING.	20443

The above described parcel contains 2.138 acres, more or less	20444
and is currently known as Lucas County Auditor's Number 09-85811	20445
and is subject to any and all leases, easements or restrictions of	20446
record.	20447

This description was prepared by Steven E. Anello and	20448
reviewed by Kenneth E. Ducat, Professional Surveyor Number 6783,	20449
DGL CONSULTING ENGINEERS, LLC, on September 21, 2006.	20450

The above description is based on the plat of Lucas County	20451
Senior Citizens Complex Plat 1 as recorded in Plat Volume 110,	20452
Page 23, Lucas County Recorder's Office. Bearings in this	20453
description are based on those shown on said plat and are used	20454
only for the purpose of describing angular measurements.	20455

(B) The Board of Trustees of the University of Toledo shall	20456
negotiate with any potential purchaser or purchasers of the real	20457
estate described in division (A) of this section and, in	20458
accordance with Chapter 3364. and any other applicable sections of	20459
the Revised Code and subject to division (C) of this section,	20460
contract for the sale and conveyance of that real estate to the	20461
grantee or grantees selected by the Board of Trustees.	20462

(C) Consideration for the conveyance of the real estate	20463
described in division (A) of this section shall be a purchase	20464
price that is determined by the Board of Trustees of the	20465
University of Toledo, but that is at least equal in amount to the	20466
appraised value of the real estate as approved by the Board of	20467
Trustees. The Board of Trustees shall cause the real estate to be	20468
appraised by one or more disinterested persons at a fee determined	20469
by the Board of Trustees. Upon the Board of Trustees' approval of	20470
the appraised value, the Board of Trustees shall notify the	20471
potential grantee or grantees of the real estate in writing of the	20472
purchase price for the real estate.	20473

(D) Upon the grantee's or grantees' payment of the purchase	20474
price as determined in accordance with division (C) of this	20475
section for the real estate described in division (A) of this	20476
section, the Auditor of State, with the assistance of the Attorney	20477
General, shall prepare a deed to the real estate. The deed shall	20478
state the consideration. The deed shall be executed by the	20479
Governor in the name of the State, countersigned by the Secretary	20480
of State, sealed with the Great Seal of the State, presented in	20481
the office of the Auditor of State for recording, and delivered to	20482
the grantee or grantees. The grantee or grantees shall present the	20483
deed for recording in the office of the Lucas County Recorder.	20484

(E) The net proceeds of the sale of the real estate described	20485
in division (A) of this section shall be paid to the General	20486
Revenue Fund.	20487

(F) Except as otherwise provided in this division, and unless	20488
otherwise specified in the contract for the sale and conveyance of	20489
the real estate described in division (A) of this section, the	20490
Board of Trustees of the University of Toledo shall pay the costs	20491
of the conveyance of the real estate. The grantee or grantees of	20492
the real estate shall pay the appraisal fee for the real estate.	20493

(G) This section shall expire one year after its effective	20494
date.	20495

Section 527.60. That Section 4 of Sub. H.B. 139 of the 126th	20496
General Assembly is hereby repealed.	20497

Section 606.03. The items of law of which the sections of law	20498
contained in this act are composed, and their applications, are	20499
independent and severable. If any item of law that constitutes the	20500
whole or part of a section of law contained in this act, or if any	20501
application of any item of law that constitutes the whole or part	20502
of a section of law contained in this act, is held invalid, the	20503
invalidity does not affect other items of law or applications of	20504
items of law that can be given effect without the invalid item of	20505
law or application.	20506

Section 609.03. An item of law that composes the whole or	20507
part of a section of law contained in this act that makes, or that	20508
provides for funding of, an appropriation or reappropriation of	20509
money has no effect after June 30, 2008, unless its context	20510
clearly indicates otherwise.	20511

Section 612.03. Except as otherwise specifically provided in	20512
this act, the amendment or enactment of the sections of law	20513
contained in this act, and the items of law of which the	20514
amendments or enactments are composed, are subject to the	20515
referendum. Therefore, under Ohio Constitution, Article II,	20516
Section 1c and section 1.471 of the Revised Code, the amendments	20517
or enactments, and the items of law of which the amendments or	20518
enactments are composed, take effect on the ninety-first day after	20519
this act is filed with the Secretary of State. If, however, a	20520
referendum petition is filed against any such amendment or	20521
enactment, or against any item of law of which any such amendment	20522
or enactment is composed, the amendment or enactment, or item,	20523
unless rejected at the referendum, takes effect at the earliest	20524
time permitted by law.	20525

Section 615.03. The amendment or enactment by this act of the	20526
sections of law listed in this section, and the items of law of	20527
which the amendments or enactments are composed, are not subject	20528
to the referendum. Therefore, under Ohio Constitution, Article II,	20529
Section 1d and section 1.471 of the Revised Code, the amendments	20530
or enactments, and the items of law of which the amendments or	20531
enactments are composed, go into immediate effect when this act	20532
becomes law.	20533

Sections 121.482, 3333.34, 3706.01, 5111.88, 5727.84, and	20534
5919.31 of the Revised Code.	20535

The version of section 5502.62 of the Revised Code resulting	20536
from Section 101.01 of this act.	20537

Sections 203.12.06, 203.24, 203.27, 203.57, 203.81, 203.99,	20538
206.33, 206.66.06, 209.54, 209.63, 209.63.03, 209.63.30, 209.93,	20539
and 212.30 of Am. Sub. H.B. 66 of the 126th General Assembly.	20540

Sections 110.07, 110.08, 110.09, 235.60.70, 401.10, 401.11,	20541
405.10, 405.11, 405.16, 405.17, 411.10, 411.11, 501.10, 501.20,	20542
503.10, 507.10, 507.20, 509.10, 511.10, and 513.10 of this act.	20543

Sections 615.03, 615.09, and 623.03 of this act.

20544

Section 615.09. The amendment or enactment by this act of the	20545
sections of law listed in this section are not subject to the	20546
referendum. Therefore, under Ohio Constitution, Article II,	20547
Section 1d and section 1.471 of the Revised Code, the amendments	20548
or enactments, and the items of law of which amendments or	20549
enactments are composed, go into effect as specified in this	20550
section.	20551

Section 4919.76 of the Revised Code takes effect January 1,	20552
2007.	20553

The version of section 5502.62 of the Revised Code resulting	20554
from Sections 110.07 and 110.08 of this act takes effect April 1,	20555
2007.	20556

Section 618.03. The amendment or enactment by this act of the	20557
sections of law listed in this section provides for or is	20558
essential to implementation of a tax levy. Therefore, under Ohio	20559
Constitution, Article II, Section 1d, the amendments and	20560
enactments, and the items of which the amendments and enactments	20561
are composed, are not subject to the referendum and go into	20562
immediate effect when this act becomes law.	20563

Sections 133.07, 133.08, 133.20, 307.695, 5701.11, 5709.083,	20564
and 5739.09 of the Revised Code.	20565

Section 618.03 of this act.

20566

Section 619.03. The amendments by this act to section 340.03	20567
of the Revised Code are subject to the referendum. Therefore,	20568
under Ohio Constitution, Article II, Section 1c and section 1.471	20569
of the Revised Code:	20570

(A) Except as specified in division (B) of this section, the	20571
amendments take effect on the ninety-first day after this act is	20572
filed with the Secretary of State.	20573

(B) The amendments to division (A)(1)(c) of section 340.03 of	20574
the Revised Code beginning with the strike through of	20575
"Eligibility" and continuing through the third paragraph of that	20576
division created by the amendments and the amendments to division	20577
(A)(8)(a) of section 340.03 of the Revised Code take effect July	20578
1, 2007.	20579

If, however, a referendum petition is filed against any of	20580
the amendments, the amendment, unless rejected at the referendum,	20581
goes into effect at the earliest time permitted by law that is on	20582
or after the effective date specified by this section.	20583

Section 619.06. The amendments of section 5119.611 of the	20584
Revised Code are subject to the referendum. Therefore under Ohio	20585
Constitution, Article II, Section 1c and section 1.471 of the	20586
Revised Code, the amendments take effect July 1, 2007. If however,	20587
a referendum petition is filed against any of the amendments, the	20588
amendment, unless rejected at the referendum, goes into effect at	20589
the earliest time permitted by law that is on or after the	20590
effective date specified by this section.	20591

Section 621.03. The amendment of section 101.83 of the	20592
Revised Code is not intended to supersede the earlier repeal, with	20593
delayed effective date, of that section.	20594

Section 621.06. The enactment of section 5533.75 of the	20595
Revised Code by this act is intended to supersede the enactment of	20596
section 5533.75 of the Revised Code by Am. Sub. S.B. 114 of the	20597
126th General Assembly, because section 5533.75 of the Revised	20598
Code, as enacted by this act, contains similar provisions relating	20599
to the naming of a memorial highway.	20600

Section 623.03. The General Assembly, applying the principle	20601
stated in division (B) of section 1.52 of the Revised Code that	20602
amendments are to be harmonized if reasonably capable of	20603
simultaneous operation, finds that the following sections,	20604
presented in this act as composites of the sections as amended by	20605
the acts indicated, are the resulting versions of the sections in	20606
effect prior to the effective date of the sections as presented in	20607
this act:	20608

Section 131.02 of the Revised Code as amended by both Sub.	20609
H.B. 390 and Am. Sub. H.B. 530 of the 126th General Assembly.	20610

Section 5126.0210 of the Revised Code as amended by both Am.	20611
Sub. S.B. 10 and Sub. S.B. 107 of the 126th General Assembly.	20612

Section 181.52 (5502.62) of the Revised Code as amended by	20613
both Sub. H.B. 4 and Am. Sub. H.B. 66 of the 126th General	20614
Assembly.	20615

Section 209.63 of Am. Sub. H.B. 66 of the 126th General	20616
Assembly, as amended by both Sub. H.B. 478 and Am. Sub. H.B. 530	20617
of the 126th General Assembly.	20618

The finding in this section takes effect at the same time as	20619
the section referenced in the finding takes effect.	20620