Am. Sub. H. B. No. 420 As Passed by the Senate

As Passed by the Senate

127th General Assembly

Regular Session

2007-2008

Am. Sub. H. B. No. 420

Representative Brinkman

Cosponsors: Representatives Evans, McGregor, J., Bubp, Raussen, Blessing, Uecker, Batchelder, Adams, Hughes, Collier, Combs, Patton, Yuko, Stebelton, Hite, Gibbs, Stewart, J., Jones, Webster, Bacon, Schindel, Huffman, Daniels, Dolan, Hagan, J., McGregor, R., Wachtmann, Wagner, Skindell, Fessler, Book, Peterson, Stewart, D., Coley, Goodwin, Domenick, Bolon, Boyd, Brown, Celeste, Core, DeBose, Dodd, Dyer, Flowers, Garrison, Gerberry, Goyal, Hagan, R., Letson, Luckie, Lundy, Mallory, Mecklenborg, Newcomb, Oelslager, Schneider, Setzer, Wolpert, Zehringer
Senators Amstutz, Buehrer, Carey, Faber, Goodman, Harris, Padgett, Schaffer, Schuler, Seitz, Stivers

A BILL

To amend sections 117.11, 133.20, 145.297, 717.02,

733.40, 1901.024, 1901.07, 1901.08, 1901.31,

1907.20, 2949.111, 3301.0715, 3302.04, 3302.10,

3313.97, 3314.03, 3326.17, 3333.375, 3375.49,

3375.50, 4513.35, 5111.89, 5111.891, 5111.894,

5709.75, and 5739.02; to amend, for the purpose

of adopting a new section number as indicated in

parentheses, section 3375.50 (307.515); to enact

sections 107.41, 113.41, 125.112, 125.901,

125.902, 307.51, 307.511, 307.512, 307.513,

307.514, 307.516, 1333.851, 3302.041, and

3375.481; to repeal sections 3375.48, 3375.51,

3375.52, 3375.53, 3375.54, 3375.55, and 3375.56;

to repeal on December 31, 2009, section 3375.49

of the Revised Code, as amended by this act; to

amend Sections 309.30.50 and 309.30.53 of Am.

Sub. H.B. 119 of the 127th General Assembly, to

amend Sections 201.60.20, 201.60.30, 301.40.10,

and 301.60.50 of H.B. 496 of the 127th General

Assembly, and to amend Sections 227.10,

231.10.20, 231.20.30, 233.30.40, 233.40.10,

233.50.20, and 233.50.80 of Am. Sub. H.B. 562 of

the 127th General Assembly; and to amend

Section 525.10 of Am. Sub. H.B. 699 of the

126th General Assembly, to promote transparency

with respect to state spending, state real

property management, and state program

effectiveness by requiring certain information to

be posted on-line, to create a county law library

resources board in each county and a statewide

consortium of such boards, to reconstitute the

Task Force on Law Library Associations, to

specify the compensation of certain Senate

officers, to recalculate the local share of a

new classroom facilities project for certain

school districts that previously received

facilities assistance, to allow the Chancellor of

the Board of Regents to use money in the Ohio

Outstanding Scholarship and the Ohio Priority

Needs Fellowship programs payment funds to

provide state need-based financial aid for higher

education, to permit arbitration or alternative

dispute resolution provisions in a contract with

the Auditor of State for attest services to apply

to disputed services rendered by an independent

accountant, to expand the sales tax exemption for

aircraft repair services, to permanently

authorize eligible townships to use tax increment

financing revenue for current public safety

expenses, to modify municipal authority regarding

the procurement of energy conservation measures,

to remove the requirement that Portage County

municipal court judges be nominated only by

petition, to change the status of the judge of the

Hillsboro Municipal Court from part-time to

full-time, to require compensation of an alcoholic

beverage distributor before re-assigning the

distributor's product or brand territory and to

make changes to the law governing certain

franchise agreements between a successor

manufacturer and distributor, to authorize the

conveyance of certain state-owned real estate, to

specify how retirement incentive plan costs are

to be treated, to require certain school

districts to implement corrective actions

specified in the Department of Education's Model

of Differentiated Accountability, to create the

Governor's Policy Information Working Group, to

make an appropriation, and to declare an

emergency.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 101.01. That sections 117.11, 133.20, 145.297,	71
717.02, 733.40, 1901.024, 1901.07, 1901.08, 1901.31, 1907.20,	72
2949.111, 3301.0715, 3302.04, 3302.10, 3313.97, 3314.03, 3326.17,	73
3333.375, 3375.49, 3375.50, 4513.35, 5111.89, 5111.891, 5111.894,	74
5709.75, and 5739.02 be amended; section 3375.50 (307.515) be	75
amended for the purpose of adopting a new section number as	76
indicated in parentheses; and sections 107.41, 113.41, 125.112,	77
125.901, 125.902, 307.51, 307.511, 307.512, 307.513, 307.514,	78
307.516, 1333.851, 3302.041, and 3375.481 of the Revised Code be	79
enacted to read as follows:	80

Sec. 107.41. (A) As used in this section, "department" has	81
the same meaning as in section 121.01 of the Revised Code.	82

(B) Whenever the governor finds necessary, the governor shall	83
direct each department to establish goals and metrics that, when	84
achieved, will further the governor's leadership agenda.	85

(C) To increase transparency, each department's performance	86
measures, which shall be determined by assessing the department's	87
adherence to the goals and metrics developed pursuant to this	88
section, shall be periodically posted on the governor's web site.	89

Sec. 113.41. (A) The treasurer of state shall develop and	90
maintain a comprehensive and descriptive database of all real	91
property under the custody and control of the state, except when	92
otherwise required for reasons of homeland security. The	93
information in the database shall be available to the public free	94
of charge through a searchable internet web site. The treasurer of	95
state shall allow for public comment on property owned by the	96
state.	97

(B) For purposes of the database, the Ohio geographically	98
referenced information program council established in section	99
125.901 of the Revised Code shall provide to the treasurer of	100
state, and the treasurer of state shall collect, information, in a	101
format prescribed by the treasurer of state, that adequately	102
describes, when known, the location, acreage, and use of	103
state-owned property. The council shall make its best efforts to	104
obtain the required information on the state-owned property and	105
shall submit updated information to the treasurer of state as it	106
becomes available.	107

(C) As used in this section, "state-owned property" does not	108
include state property owned or under the control of the general	109
assembly or any legislative agency, any court or judicial agency,	110
the secretary of state, auditor of state, treasurer of state, or	111
attorney general and their respective offices.	112

Sec. 117.11. (A) Except as otherwise provided in this	113
division and in sections 117.112 and 117.113 of the Revised Code,	114
the auditor of state shall audit each public office at least once	115
every two fiscal years. The auditor of state shall audit a public	116
office each fiscal year if that public office is required to be	117
audited on an annual basis pursuant to "The Single Audit Act of	118
1984," 98 Stat. 2327, 31 U.S.C.A. 7501 et seq., as amended. In	119
the annual or biennial audit, inquiry shall be made into the	120
methods, accuracy, and legality of the accounts, financial	121
reports, records, files, and reports of the office, whether the	122
laws, rules, ordinances, and orders pertaining to the office have	123
been observed, and whether the requirements and rules of the	124
auditor of state have been complied with. Except as otherwise	125
provided in this division or where auditing standards or	126
procedures dictate otherwise, each audit shall cover at least one	127
fiscal year. If a public office is audited only once every two	128
fiscal years, the audit shall cover both fiscal years.	129

(B) In addition to the annual or biennial audit provided for	130
in division (A) of this section, the auditor of state may conduct	131
an audit of a public office at any time when so requested by the	132
public office or upon the auditor of state's own initiative if the	133
auditor of state has reasonable cause to believe that an	134
additional audit is in the public interest.	135

(C)(1) The auditor of state shall identify any public office	136
in which the auditor of state will be unable to conduct an audit	137
at least once every two fiscal years as required by division (A)	138
of this section and shall provide immediate written notice to the	139
clerk of the legislative authority or governing board of the	140
public office so identified. Within six months of the receipt of	141
such notice, the legislative authority or governing board may	142
engage an independent certified public accountant to conduct an	143
audit pursuant to section 117.12 of the Revised Code.	144

(2) When the chief fiscal officer of a public office notifies	145
the auditor of state that an audit is required at a time prior to	146
the next regularly scheduled audit by the auditor of state, the	147
auditor of state shall either cause an earlier audit to be made by	148
the auditor of state or authorize the legislative authority or	149
governing board of the public office to engage an independent	150
certified public accountant to conduct the required audit. The	151
scope of the audit shall be as authorized by the auditor of state.	152

(3) The auditor of state shall approve the scope of an audit	153
under division (C)(1) or (2) of this section as set forth in the	154
contract for the proposed audit before the contract is executed on	155
behalf of the public office that is to be audited. The independent	156
accountant conducting an audit under division (C)(1) or (2) of	157
this section shall be paid by the public office.	158

(4) The contract for attest services with an independent	159
accountant employed pursuant to this section or section 115.56 of	160
the Revised Code may include binding arbitration provisions,	161
provisions of Chapter 2711. of the Revised Code, or any other	162
alternative dispute resolution procedures to be followed in the	163
event a dispute remains between the state or public office and the	164
independent accountant concerning the terms of or services under	165
the contract, or a breach of the contract, after the	166
administrative provisions of the contract have been exhausted.	167

(D) If a uniform accounting network is established under	168
section 117.101 of the Revised Code, the auditor of state or a	169
certified public accountant employed pursuant to this section or	170
section 115.56 or 117.112 of the Revised Code shall, to the extent	171
practicable, utilize services offered by the network in order to	172
conduct efficient and economical audits of public offices.	173

(E) The auditor of state shall, in accordance with division	174
(A)(3) of section 9.65 of the Revised Code and this section, audit	175
an annuity program for volunteer fire fighters established by a	176
political subdivision under section 9.65 of the Revised Code. As	177
used in this section, "volunteer fire fighters" and "political	178
subdivision" have the same meanings as in division (C) of section	179
9.65 of the Revised Code.	180

Sec. 125.112. (A) As used in this section:

181

(1) "Agency" means a department created under section 121.02	182
of the Revised Code.	183

(2) "Entity" means, whether for profit or nonprofit, a	184
corporation, association, partnership, limited liability company,	185
sole proprietorship, or other business entity. "Entity" does not	186
include an individual who receives state assistance that is not	187
related to the individual's business.	188

(3)(a) "State award" means a contract awarded by the state	189
costing over twenty-five thousand dollars.	190

(b) "State award" does not include compensation received as	191
an employee of the state or any state financial assistance and	192
expenditure received from the general assembly or any legislative	193
agency, any court or judicial agency, the secretary of state,	194
auditor of state, treasurer of state, or attorney general and	195
their respective offices.	196

(B) The department of administrative services shall establish	197
and maintain a single searchable web site, accessible by the	198
public at no cost, that includes all of the following information	199
for each state award:	200

(1) The name of the entity receiving the award;

201

(2) The amount of the award;

202

(3) Information on the award, the agency or other	203
instrumentality of the state that is providing the award, and the	204
commodity code;	205

(4) Any other relevant information determined by the	206
department of administrative services.	207

(C) The department of administrative services may consult	208
with other state agencies in the development, establishment,	209
operation, and support of the web site required by division (B)	210
of this section. State awards shall be posted on the web site	211
within thirty days after being made. The department of	212
administrative services shall provide an opportunity for public	213
comment as to the utility of the web site required by division	214
(B) of this section and any suggested improvements.	215

(D) The web site required by division (B) of this section	216
shall be fully operational not later than one year after the	217
effective date of this section and shall include information on	218
state awards made in fiscal year 2008 and thereafter. It shall	219
also provide an electronic link to the daily journals of the	220
senate and house of representatives.	221

(E) The director of administrative services shall submit to	222
the general assembly an annual report regarding the	223
implementation of the web site established pursuant to division	224
(B) of this section. The report shall include data regarding the	225
usage of the web site and any public comments on the utility of	226
the site, including recommendations for improving data quality	227
and collection. The director shall post each report on the web	228
site.	229

(F) Each agency awarding a grant to an entity in fiscal year	230
2008 and thereafter shall establish and maintain a separate web	231
site listing the name of the entity receiving each grant, the	232
grant amount, information on each grant, and any other relevant	233
information determined by the department of administrative	234
services. Each agency shall provide the link to such a web site to	235
the department of administrative services within a reasonable time	236
after the effective date of this section and shall thereafter	237
update its web site within thirty days of awarding a new grant.	238
Not later than one year after the effective date of this section,	239
the department of administrative services shall establish and	240
maintain a separate web site, accessible to the public at no cost,	241
which contains the links to the agency web sites required by this	242
division.	243

(G) The attorney general shall monitor the compliance of an	244
entity with the terms and conditions, including performance	245
metrics, if any, of a state award for economic development	246
received by that entity. As necessary, the agency that makes and	247
administers the state award for economic development shall assist	248
the attorney general with that monitoring. The attorney general	249
shall submit to the general assembly pursuant to section 101.68	250
of the Revised Code an annual report regarding the level of	251
compliance of such entities with the terms and conditions,	252
including any performance metrics, of their state awards for	253
economic development. When the attorney general determines	254
appropriate and to the extent that an entity that receives or has	255
received a state award for economic development does not comply	256
with a performance metric that is specified in the terms and	257
conditions of the award, the attorney general shall pursue	258
against and from that entity such remedies and recoveries as are	259
available under law. For purposes of this division, "state award	260
for economic development" means state financial assistance and	261
expenditure in any of the following forms: grants, subgrants,	262
loans, awards, cooperative agreements, or other similar and	263
related forms of financial assistance and contracts,	264
subcontracts, purchase orders, task orders, delivery orders, or	265
other similar and related transactions. "State award for economic	266
development" does not include compensation received as an	267
employee of the state or any state financial assistance and	268
expenditure received from the general assembly or any legislative	269
agency, any court or judicial agency, the secretary of state,	270
auditor of state, treasurer of state, or attorney general and	271
their respective offices.	272

(H) Nothing in this section shall be construed as requiring	273
the disclosure of information that is not a public record under	274
section 149.43 of the Revised Code.	275

Sec. 125.901. (A) There is hereby established the Ohio	276
geographically referenced information program council within the	277
department of administrative services to coordinate the property	278
owned by the state. The department of administrative services	279
shall provide administrative support for the council.	280

(B) The council shall consist of the following fifteen	281
members:	282

(1) The state chief information officer, or the officer's	283
designee, who shall serve as the council chair;	284

(2) The director of the department of natural resources, or	285
the director's designee;	286

(3) The director of transportation, or the director's	287
designee;	288

(4) The director of environmental protection, or the	289
director's designee;	290

(5) The director of development, or the director's designee;

291

(6) The treasurer of state, or the treasurer of state's	292
designee;	293

(7) An individual appointed by the governor from the	294
organization that represents the state's county auditors;	295

(8) An individual appointed by the governor from the	296
organization that represents the state's county commissioners;	297

(9) An individual appointed by the governor from the	298
organization that represents the state's county engineers;	299

(10) An individual appointed by the governor from the	300
organization that represents the state's regional councils;	301

(11) Two individuals appointed by the governor from the	302
organization that represents the state's municipal governments,	303
one of whom shall represent a municipality with a population of	304
fewer than one hundred thousand people and one of whom shall	305
represent a municipality with a population of one hundred thousand	306
or more people;	307

(12) An individual appointed by the governor representing the	308
interests of the regulated utilities in this state;	309

(13) An individual appointed by the governor representing the	310
interests of a public university;	311

(14) The attorney general, or the attorney general's	312
designee.	313

(C) The governor shall make initial appointments for the	314
members as provided in this section within a reasonable time. The	315
members appointed to the council by the governor pursuant to this	316
section shall serve two-year terms, with each term ending on the	317
same day of the same month as did the term that it succeeds. The	318
chair of the council shall appoint a new member to fill any	319
vacancy created by a member appointed by the governor before the	320
expiration of that member's term. Otherwise, vacancies shall be	321
filled in the same manner as provided in division (B) of this	322
section. Any member appointed to fill a vacancy occurring prior to	323
the expiration date of the term for which a predecessor was	324
appointed shall hold office as a member for the remainder of that	325
term. A member shall continue in office subsequent to the	326
expiration date of the member's term until the member's successor	327
takes office or until a period of sixty days has elapsed,	328
whichever occurs first. All members may be reappointed.	329

Sec. 125.902. (A) As used in this section, "state agency" or	330
"agency" does not include the general assembly or any legislative	331
agency, any court or judicial agency, the secretary of state,	332
auditor of state, treasurer of state, or attorney general and	333
their respective offices.	334

(B) The Ohio geographically referenced information program	335
council shall develop and annually update a real property	336
management plan. Every state agency authorized to own or acquire	337
real property shall provide the council with information necessary	338
to develop and update the plan.	339

340

(1) A comprehensive report on the total number of real	341
property assets the state owns;	342

(2) Information uniquely identifying each real property asset	343
of each state agency and associated characteristics of the real	344
property;	345

(3) Life-cycle cost estimations associated with the costs	346
relating to the acquisition of real property assets by purchase,	347
condemnation, exchange, lease, or otherwise;	348

(4) The cost and time required to dispose of state real	349
property assets and the financial recovery of the state investment	350
resulting from the disposal;	351

(5) The operating, maintenance, and security costs of state	352
properties, including the cost of utility services at unoccupied	353
properties;	354

(6) The environmental costs associated with ownership of	355
property, including the cost of environmental restoration and	356
compliance activities;	357

(7) Changes in the amount of vacant state space;

358

(8) The realization of equity value in state real property	359
assets;	360

(9) Opportunities for cooperative arrangements with the	361
commercial real estate community;	362

(10) The enhancement of agency productivity through an	363
improved working environment.	364

(D) The council shall develop and update a real property	365
inventory. Every state agency authorized to own or acquire real	366
property shall provide the council with information necessary to	367
develop and update the inventory. For purposes of the inventory,	368
each state agency shall provide to the council, and the council	369
shall collect, information uniquely identifying each real property	370
asset of each state agency and associated characteristics of the	371
real property. Each agency shall make its best efforts to obtain	372
the required information on the property it owns and shall submit	373
updated information to the council as it becomes available.	374

Sec. 133.20. (A) This section applies to bonds that are	375
general obligation Chapter 133. securities. If the bonds are	376
payable as to principal by provision for annual installments, the	377
period of limitations on their last maturity, referred to as their	378
maximum maturity, shall be measured from a date twelve months	379
prior to the first date on which provision for payment of	380
principal is made. If the bonds are payable as to principal by	381
provision for semiannual installments, the period of limitations	382
on their last maturity shall be measured from a date six months	383
prior to the first date on which provision for payment of	384
principal is made.	385

(B) Bonds issued for the following permanent improvements or	386
for permanent improvements for the following purposes shall have	387
maximum maturities not exceeding the number of years stated:	388

(1) Fifty years:

389

(a) The clearance and preparation of real property for	390
redevelopment as an urban redevelopment project;	391

(b) Acquiring, constructing, widening, relocating, enlarging,	392
extending, and improving a publicly owned railroad or line of	393
railway or a light or heavy rail rapid transit system, including	394
related bridges, overpasses, underpasses, and tunnels, but not	395
including rolling stock or equipment;	396

(c) Pursuant to section 307.675 of the Revised Code,	397
constructing or repairing a bridge using long life expectancy	398
material for the bridge deck, and purchasing, installing, and	399
maintaining any performance equipment to monitor the physical	400
condition of a bridge so constructed or repaired. Additionally,	401
the average maturity of the bonds shall not exceed the expected	402
useful life of the bridge deck as determined by the county	403
engineer under that section.	404

(2) Forty years:

405

(a) General waterworks or water system permanent	406
improvements, including buildings, water mains, or other	407
structures and facilities in connection therewith;	408

(b) Sewers or sewage treatment or disposal works or	409
facilities, including fireproof buildings or other structures in	410
connection therewith;	411

(c) Storm water drainage, surface water, and flood prevention	412
facilities.	413

(3) Thirty-five years:

414

(a) An arena, a convention center, or a combination of an	415
arena and convention center under section 307.695 of the Revised	416
Code;	417

(b) Sports facilities.

418

(4) Thirty years:

419

(a) Municipal recreation, excluding recreational equipment;

420

(b) Urban redevelopment projects;

421

422

(d) Street or alley lighting purposes or relocating overhead	423
wires, cables, and appurtenant equipment underground.	424

(5) Twenty years: constructing, reconstructing, widening,	425
opening, improving, grading, draining, paving, extending, or	426
changing the line of roads, highways, expressways, freeways,	427
streets, sidewalks, alleys, or curbs and gutters, and related	428
bridges, viaducts, overpasses, underpasses, grade crossing	429
eliminations, service and access highways, and tunnels.	430

(6) Fifteen years:

431

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

432

(b) Alarm, telegraph, or other communications systems for	433
police or fire departments or other emergency services;	434

435

(d) Energy conservation measures as authorized by section	436
133.06 of the Revised Code.	437

(7) Ten years:

438

(a) Water meters;

439

(b) Fire department apparatus and equipment;

440

(c) Road rollers and other road construction and servicing	441
vehicles;	442

(d) Furniture, equipment, and furnishings;

443

(e) Landscape planting and other site improvements;

444

(f) Playground, athletic, and recreational equipment and	445
apparatus;	446

(g) Energy conservation measures as authorized by section	447
505.264 ~~or 717.02~~ of the Revised Code.	448

(8) Five years: New motor vehicles other than those described	449
in any other division of this section and those for which	450
provision is made in other provisions of the Revised Code.	451

(C) Bonds issued for any permanent improvements not within	452
the categories set forth in division (B) of this section shall	453
have maximum maturities of from five to thirty years as the fiscal	454
officer estimates is the estimated life or period of usefulness of	455
those permanent improvements. Bonds issued under section 133.51 of	456
the Revised Code for purposes other than permanent improvements	457
shall have the maturities, not to exceed forty years, that the	458
taxing authority shall specify. Bonds issued for energy	459
conservation measures under section 307.041 of the Revised Code	460
shall have maximum maturities not exceeding the lesser of the	461
average life of the energy conservation measures as detailed in	462
the energy conservation report prepared under that section or	463
thirty years.	464

(D) Securities issued under section 505.265 ~~or 717.07~~ of the	465
Revised Code shall mature not later than December 31, 2035.	466

(E) A securities issue for one purpose may include permanent	467
improvements within two or more categories under divisions (B) and	468
(C) of this section. The maximum maturity of such a bond issue	469
shall not exceed the average number of years of life or period of	470
usefulness of the permanent improvements as measured by the	471
weighted average of the amounts expended or proposed to be	472
expended for the categories of permanent improvements.	473

Sec. 145.297. (A) As used in this section, "employing unit"	474
means:	475

(1) A municipal corporation, agency of a municipal	476
corporation designated by the legislative authority, park	477
district, conservancy district, sanitary district, health	478
district, township, department of a township designated by the	479
board of township trustees, metropolitan housing authority, public	480
library, county law library, union cemetery, joint hospital, or	481
other political subdivision or unit of local government.	482

(2) With respect to state employees, any entity of the state	483
including any department, agency, institution of higher education,	484
board, bureau, commission, council, office, or administrative body	485
or any part of such entity that is designated by the entity as an	486
employing unit.	487

(3)(a) With respect to employees of a board of alcohol, drug	488
addiction, and mental health services, that board.	489

(b) With respect to employees of a county board of mental	490
retardation and developmental disabilities, that board.	491

(c) With respect to other county employees, the county or any	492
county agency designated by the board of county commissioners.	493

(4) In the case of an employee whose employing unit is in	494
question, the employing unit is the unit through whose payroll the	495
employee is paid.	496

(B) An employing unit may establish a retirement incentive	497
plan for its eligible employees. In the case of a county or county	498
agency, decisions on whether to establish a retirement incentive	499
plan for any employees other than employees of a board of alcohol,	500
drug addiction, and mental health services or county board of	501
mental retardation and developmental disabilities and on the terms	502
of the plan shall be made by the board of county commissioners. In	503
the case of a municipal corporation or an agency of a municipal	504
corporation, decisions on whether to establish a retirement	505
incentive plan and on the terms of the plan shall be made by the	506
legislative authority.	507

All terms of a retirement incentive plan shall be in writing.

508

A retirement incentive plan shall provide for purchase by the	509
employing unit of service credit for eligible employees who elect	510
to participate in the plan and for payment by the employing unit	511
of the entire cost of the service credit purchased.	512

Every retirement incentive plan shall remain in effect for at	513
least one year. The employing unit shall give employees at least	514
thirty days' notice before terminating the plan.	515

Every retirement incentive plan shall include provisions for	516
the timely and impartial resolution of grievances and disputes	517
arising under the plan.	518

No employing unit shall have more than one retirement	519
incentive plan in effect at any time.	520

(C) Any classified or unclassified employee of the employing	521
unit who is a member of the public employees retirement system	522
shall be eligible to participate in the retirement incentive plan	523
established by the employee's employing unit if the employee meets	524
the following criteria:	525

(1) The employee is not any of the following:

526

(a) An elected official;

527

(b) A member of a board or commission;

528

529

(d) A person appointed to serve a term of fixed length, other	530
than a person appointed and employed by the person's employing	531
unit.	532

(2) The employee is or will be eligible to retire under	533
section 145.32, 145.34, 145.37, or division (A) of section 145.33	534
of the Revised Code on or before the date of termination of the	535
retirement incentive plan. Service credit to be purchased for the	536
employee under the retirement incentive plan shall be included in	537
making such determination.	538

(3) The employee agrees to retire under section 145.32,	539
145.34, 145.37, or division (A) of section 145.33 of the Revised	540
Code within ninety days after receiving notice from the public	541
employees retirement system that service credit has been purchased	542
for the employee under this section.	543

Participation in the plan shall be available to all eligible	544
employees except that the employing unit may limit the number of	545
participants in the plan to a specified percentage of its	546
employees who are members of the public employees retirement	547
system on the date the plan goes into effect. The percentage	548
shall not be less than five per cent of such employees. If	549
participation is limited, employees with more total service credit	550
have the right to elect to participate before employees with less	551
total service credit. In the case of employees with the same total	552
service credit, employees with a greater length of service with	553
the employing unit have the right to elect to participate before	554
employees with less service with the employing unit. Employees	555
with less than eighteen months of service with the employing unit	556
have the right to elect to participate only after all other	557
eligible employees have been given the opportunity to elect to	558
participate. For the purpose of determining which employees may	559
participate in a plan, total service credit includes service	560
credit purchased by the employee under this chapter after the date	561
on which the plan is established.	562

A retirement incentive plan that limits participation may	563
provide that an employee who does not notify the employing unit of	564
the employee's decision to participate in the plan within a	565
specified period of time will lose priority to participate in the	566
plan ahead of other employees with less seniority. The time given	567
to an employee to elect to participate ahead of other employees	568
shall not be less than thirty days after the employee receives	569
written notice that the employee may participate in the plan.	570

(D) A retirement incentive plan shall provide for purchase of	571
the same amount of service credit for each participating employee,	572
except that the employer may not purchase more service credit for	573
any employee than the lesser of the following:	574

(1) Five years of service credit;

575

(2) An amount of service credit equal to one-fifth of the	576
total service credited to the participant under this chapter,	577
exclusive of service credit purchased under this section.	578

For each year of service credit purchased under this section,	579
the employing unit shall pay an amount equal to the additional	580
liability resulting from the purchase of that year of service	581
credit, as determined by an actuary employed by the public	582
employees retirement board.	583

(E) Upon the election by an eligible employee to participate	584
in the retirement incentive plan, the employee and the employing	585
unit shall agree upon a date for payment or contracting for	586
payment in installments to the public employees retirement system	587
of the cost of the service credit to be purchased. The employing	588
unit shall submit to the public employees retirement system a	589
written request for a determination of the cost of the service	590
credit, and within forty-five days after receiving the request,	591
the board shall give the employing unit written notice of the	592
cost.	593

The employing unit shall pay or contract to pay in	594
installments the cost of the service credit to be purchased to the	595
public employees retirement system on the date agreed to by the	596
employee and the employing unit. The payment shall be made in	597
accordance with rules adopted by the public employees retirement	598
board. The rules may provide for payment in installments and for	599
crediting the purchased credit to the employee's account upon the	600
employer's contracting to pay the cost in installments. The board	601
shall notify the member when the member is credited with service	602
purchased under this section. If the employee does not retire	603
within ninety days after receiving notice that the employee has	604
been credited with the purchased service credit, the system shall	605
refund to the employing unit the amount paid for the service	606
credit.	607

No payment made to the public employees retirement system	608
under this section shall affect any payment required by section	609
145.48 of the Revised Code.	610

(F) For the purpose of determining whether the cost of a	611
retirement incentive plan established by a county or county agency	612
under this section is an allowable cost for the purpose of federal	613
funding for any year, the cost shall be considered abnormal or	614
mass severance pay only if fifteen per cent or more of the county	615
or county agency's employees participate in the plan in that year.	616

Nothing in this division shall relieve a county or county	617
agency from seeking federal approval for any early retirement	618
incentive plan that uses federal dollars in accordance with	619
federal law.	620

Sec. 307.51. (A) As used in this section, "county office"	621
means any officer, department, board, commission, or agency of a	622
county.	623

(B) There is hereby created in each county a county law	624
library resources board. The board shall consist of five members	625
who shall be appointed and hold office as provided in section	626
307.511 of the Revised Code. Beginning on January 1, 2010,	627
subject to appropriation pursuant to section 307.513 of the	628
Revised Code, the board shall provide legal research, reference,	629
and library services to the county and to the municipal	630
corporations, townships, and courts within the county and shall	631
manage the coordination, acquisition, and utilization of legal	632
resources.	633

(C) The board shall employ a county law librarian who shall	634
be the chief administrator of the county law library resources	635
board and may employ additional staff to perform any functions as	636
determined by the board. The board shall fix the compensation of	637
the county law librarian and any additional employees. All	638
employees of the county law library resources board shall be in	639
the unclassified civil service of the county.	640

(D)(1) The board may adopt any rules it considers necessary	641
for its operation and shall adopt rules for the following:	642

(a) The expenditure of funds that are appropriated for its	643
use pursuant to division (B) of section 307.513 of the Revised	644
Code;	645

(b) Public access and hours of operation of the law library;

646

647

(d) The receipt of gifts to the county law library resources	648
fund.	649

(2) The board shall not charge any fee for any service	650
provided to any member of the general assembly or to any officer	651
or employee of a county, municipal, or township government or	652
court located within that county when the officer or employee is	653
acting within the scope of the officer's or employee's	654
employment.	655

(3) Fees for services do not include fees for access to the	656
law library. The board shall not charge a fee for access to the	657
law library.	658

(4) The county law librarian or the librarian's designee	659
shall deposit all fees collected pursuant to this section by any	660
employee of the county law library resources board into the county	661
law library resources fund established pursuant to section 307.514	662
of the Revised Code.	663

(E) There is hereby established a transition advisory council	664
that shall consist of those individuals serving as members of the	665
board of trustees of the law library association of the county	666
that, as of the effective date of this section, received fines,	667
penalties, and moneys arising from forfeited bail under sections	668
3375.50 to 3375.53 of the Revised Code, as amended and repealed by	669
this act. The transition advisory council shall exist from July	670
1, 2009 to December 31, 2010. After December 31, 2010, the	671
board may create an advisory council that is comprised of	672
persons engaged in the private practice of law and with	673
expertise in the operation and funding of law libraries.	674

(F) Subject to the approval of the board of county	675
commissioners of the county, the county law library resources	676
board may contract with other county law library resources	677
boards, the statewide consortium of law library resources boards,	678
private entities, or public agencies for the provision of any	679
services that the county law library resources board considers	680
necessary.	681

(G) After January 1, 2010, no county office shall purchase,	682
lease, rent, operate, or contract for the use of any legal	683
research or reference materials available in print, audio,	684
visual, or other medium or, notwithstanding section 307.842 of	685
the Revised Code, any equipment necessary to support the	686
utilization of that medium without prior approval of the board.	687
If such approval is denied, the county office, notwithstanding	688
section 307.842 of the Revised Code, may purchase, lease, rent,	689
operate, or contract for the use of any legal research or	690
reference materials available in print, audio, visual, or other	691
medium at its own expense.	692

Sec. 307.511. (A) The five members of the county law library	693
resources board shall be residents of the county and shall be	694
appointed as follows:	695

(1) The prosecuting attorney of the county shall appoint one	696
member whose initial term shall expire on December 31, 2010.	697

(2) The administrative judges or presiding judges of all	698
municipal courts and county courts within the county shall meet to	699
appoint one member who is an attorney licensed to practice law in	700
the state and in good standing before the supreme court of Ohio	701
and whose initial term shall expire on December 31, 2011.	702

(3) The administrative judge or presiding judge of the court	703
of common pleas of the county shall appoint one member who is an	704
attorney licensed to practice law in the state and in good	705
standing before the supreme court of Ohio and whose initial term	706
shall expire on December 31, 2012.	707

(4) The board of county commissioners shall appoint one	708
member whose initial term shall expire on December 31, 2013.	709

(5) The board of county commissioners shall appoint one	710
member whose initial term shall expire on December 31, 2014.	711

(B) The member appointed pursuant to division (A)(5) of this	712
section shall serve as the chairperson of the county law library	713
resources board until December 31, 2010. After that date, the	714
board shall select a chairperson from among the members of the	715
board.	716

(C) During the period of July 1, 2009, through December 31,	717
2010, the county law library resources board shall consist of	718
seven members and shall include members appointed pursuant to	719
division (A) of this section and two members who are residents of	720
the county appointed for this period by the board of trustees of	721
the law library association within the county that, prior to the	722
effective date of this section, receives fines, penalties, and	723
moneys arising from forfeited bail pursuant to sections 3375.50 to	724
3375.53 of the Revised Code, as amended and repealed by this act.	725

(D) The initial appointments to the county law library	726
resources board as provided in divisions (A) and (B) of this	727
section shall be made on or before July 1, 2009, and for the	728
term specified. Thereafter, terms for all members appointed	729
pursuant to division (A) of this section shall be for five years,	730
with each term ending on the same day of the same month as did	731
the term that it succeeds.	732

(E) Each member of the board shall hold office from the date	733
of the member's appointment until the end of the term for which	734
the member was appointed. Vacancies shall be filled within sixty	735
days after the vacancy occurs and shall be filled in the manner	736
provided for original appointments. Any member appointed to fill	737
a vacancy occurring prior to the expiration date of the term for	738
which the member's predecessor was appointed shall hold office as	739
a member for the remainder of that term. A member shall continue	740
in office subsequent to the expiration date of the member's term	741
until the member's successor takes office or until a period of	742
sixty days has elapsed, whichever occurs first.	743

(F) A member of the board of trustees of a law library	744
association may serve as a member of a county law library	745
resources board if the member discloses each membership to the	746
board of trustees of the law library association and the county	747
law library resources board.	748

Sec. 307.512. Within fifteen days after July 1, 2009, the	749
county law library resources board shall hold its initial meeting	750
at the office of the board of county commissioners at a time	751
that the chairperson of the county law library resources board	752
determines. Thereafter, the board shall meet at least four times	753
a year, as determined by the chairperson or at any other time as	754
determined by a majority of the board. A majority of the members	755
of the county law library resources board constitutes a quorum	756
at any regular or special meeting.	757

Sec. 307.513. (A) The county law library resources board	758
shall prepare an annual estimate of the revenue and expenditures	759
of the board for the calendar year commencing January 1, 2010,	760
and for each year thereafter, and shall submit that estimate to	761
the board of county commissioners as provided in section 5705.28	762
of the Revised Code. The estimate of expenses shall be	763
sufficient to provide for the operation of the county law library	764
resources board. The estimate of revenue shall clearly specify	765
the source of the revenue and shall include a specific request	766
for monies to be appropriated to the county law library	767
resources fund established pursuant to section 307.514 of the	768
Revised Code from the county general fund for the ensuing fiscal	769
year.	770

(B) The board of county commissioners may appropriate funds	771
from the county general fund for the use of the county law library	772
resources board. Within fifteen days after the adoption of the	773
annual appropriation measure pursuant to section 5705.38 of the	774
Revised Code, the board of county commissioners shall transfer	775
fifty per cent of the annual general fund appropriation to the	776
county law library resources fund and shall transfer the remaining	777
fifty per cent of the annual general fund appropriation not later	778
than July 15 of each year. The funds appropriated by the board of	779
county commissioners from the county law library resources fund	780
shall be disbursed by the county auditor's warrant drawn on the	781
county treasury five days after receipt of a voucher approved by	782
the county law librarian pursuant to procedures established by	783
the county law library resources board.	784

Sec. 307.514. There is hereby created in each county	785
treasury a county law library resources fund, effective January 1,	786
2010. The fund shall receive all revenue that is required to be	787
deposited into the fund pursuant to division (D)(1) of section	788
307.51 and section 307.515 of the Revised Code, appropriated to	789
the fund from the general fund by the board of county	790
commissioners pursuant to section 307.513 of the Revised Code,	791
or designated for deposit into the fund by gift or bequest from	792
any person, firm, or corporation. Expenditures from the fund	793
shall be made pursuant to the annual appropriation measure	794
adopted by the board of county commissioners under section	795
5705.38 of the Revised Code.	796

~~Sec. 3375.50.~~ Sec. 307.515. (A) All fines and penalties collected	797
by, and moneys arising from forfeited bail in, a municipal court	798
for offenses and misdemeanors brought for prosecution in the name	799
of a municipal corporation under one of its penal ordinances,	800
where there is in force a state statute under which the offense	801
might be prosecuted, or brought for prosecution in the name of	802
the state, except a portion of ~~such~~those fines, penalties, and	803
moneys ~~which~~that, plus all costs collected monthly in ~~such~~those	804
state cases, equal the compensation allowed by the board of county	805
commissioners to the judges of the municipal court, its clerk, and	806
the prosecuting attorney of ~~such~~that court in state cases, shall	807
be retained by the clerk of ~~such~~that municipal court, and shall	808
be ~~paid~~deposited by ~~him forthwith,~~the clerk each month~~, to the~~	809
~~board of trustees of the law library association~~in the county	810
law library resources fund that is created under section 307.514	811
of the Revised Code in the county in which ~~such~~that municipal	812
corporation is located. The sum ~~so retained and paid by~~that the	813
clerk of the municipal court ~~to the board of trustees of such law~~	814
~~library association~~deposits in the county law library resources	815
fund shall, in no month, be less than twenty-five per cent of	816
the amount of such fines, penalties, and moneys received in that	817
month, without deducting the amount of the allowance of the board	818
of county commissioners to the judges, clerk, and prosecuting	819
attorney.	820

The total amount paid under this section in any one calendar	821
year by the clerks of all municipal courts in any one county to	822
the ~~board of trustees of such law library association~~county law	823
library resources fund shall in no event exceed the following	824
amounts:	825

~~(A)~~(1) In counties having a population of fifty thousand or	826
less, seventy-five hundred dollars and the maximum amount paid by	827
any of such courts shall not exceed four thousand dollars in any	828
calendar year.	829

~~(B)~~(2) In counties having a population in excess of fifty	830
thousand but not in excess of one hundred thousand, eight thousand	831
dollars and the maximum amount paid by any of such courts shall	832
not exceed five thousand five hundred dollars in any calendar	833
year.	834

~~(C)~~(3) In counties having a population in excess of one	835
hundred thousand but not in excess of one hundred fifty thousand,	836
ten thousand dollars and the maximum amount paid by any of such	837
courts shall not exceed seven thousand dollars in any calendar	838
year.	839

~~(D)~~(4) In counties having a population of in excess of one	840
hundred fifty thousand, fifteen thousand dollars in any calendar	841
year. The maximum amount to be paid by each ~~such~~ clerk shall be	842
determined by the county auditor in December of each year for the	843
next succeeding calendar year, and shall bear the same ratio to	844
the total amount payable under this section from the clerks of all	845
municipal courts in such county as the total fines, costs, and	846
forfeitures received by the corresponding municipal court, bear to	847
the total fines, costs, and forfeitures received by all the	848
municipal courts in the county, as shown for the last complete	849
year of actual receipts, on the latest available budgets of such	850
municipal courts. Payments in the full amounts provided in this	851
section shall be made monthly by each clerk in each calendar year	852
until the maximum amount for such year has been paid. When ~~such~~	853
that amount, so determined by the auditor, has been paid to the	854
~~board of trustees of such law library association~~county law	855
library resources fund, then no further payments shall be	856
required in that calendar year from the clerk of ~~such~~that court.	857

~~(E)~~(5) This section does not apply to fines collected by a	858
municipal court for violations of division (B) of section 4513.263	859
of the Revised Code, or for violations of any municipal ordinance	860
that is substantively comparable to that division, all of which	861
shall be forwarded to the treasurer of state as provided in	862
division (E) of section 4513.263 of the Revised Code.	863

(B) The county treasurer, upon the voucher of the county	864
auditor, shall deposit fifty per cent of all moneys collected by	865
a county court accruing from fines, penalties, and forfeited	866
bail, unless otherwise distributed by law, in the county law	867
library resources fund in that county that is created under	868
section 307.514 of the Revised Code. The county treasurer shall	869
deposit those moneys into that fund within thirty days after	870
those moneys have been paid into the county treasury by the clerk	871
of the county court.	872

This section does not apply to fines collected by a county	873
court for violations of division (B) of section 4513.263 of the	874
Revised Code, or for violations of any municipal ordinance that is	875
substantively comparable to that division, all of which shall be	876
forwarded to the treasurer of state as provided in division (E) of	877
section 4513.263 of the Revised Code.	878

(C) In each county of the state, the clerk of the court of	879
common pleas and the clerk of the probate court shall retain all	880
fines and penalties collected by, and moneys arising from	881
forfeited bail in, the court of common pleas and the probate	882
court of that county for offenses and misdemeanors brought for	883
prosecution in those courts in the name of the state and monthly	884
shall deposit those moneys in the county law library resources	885
fund in that county that is created under section 307.514 of the	886
Revised Code. The total sums so deposited shall not exceed twelve	887
hundred fifty dollars per annum, and when that amount has been	888
deposited in the fund in accordance with this section then no	889
further payments shall be required under this section in that	890
calendar year from the clerks of those respective courts.	891

This section does not apply to fines collected by a court of	892
common pleas for violations of division (B) of section 4513.263 of	893
the Revised Code, all of which shall be forwarded to the treasurer	894
of state as provided in division (E) of that section.	895

(D) In each county, the treasurer of the county or the	896
treasurer of the municipal corporation shall deposit monthly	897
fifty per cent of all fines and penalties collected by, and fifty	898
per cent of moneys arising from forfeited bail in, any court in	899
that county for offenses brought for prosecution under Chapters	900
4301. and 4303. of the Revised Code and the state traffic laws in	901
the county legal resources fund in that county that is created	902
under section 307.514 of the Revised Code. The sum so deposited in	903
that fund by each treasurer shall not exceed twelve hundred	904
dollars per annum under Chapters 4301. and 4303. of the Revised	905
Code, and when that amount has been deposited in that fund in	906
accordance with this section, then no further deposits shall be	907
required under this section in that calendar year from those	908
treasurers.	909

As used in this section, "state traffic laws" does not	910
include division (B) of section 4513.263 of the Revised Code.	911

Sec. 307.516. (A) Upon the recommendation of the county law	912
library resources boards of two or more adjacent counties, the	913
boards of county commissioners of those counties may enter into a	914
contract to form a multi-county law library resources commission	915
for the purpose of collaborating on behalf of the member	916
counties in carrying out any or all of the duties and	917
responsibilities conferred upon a county law library resources	918
board by sections 307.51 to 307.516 of the Revised Code. The	919
commission shall administer the contract. Members of the	920
commission shall consist of the chairperson of each participating	921
county law library resources board and one member from each of	922
the county law library resources boards, who shall be designated	923
by the members of each of the county law library resources	924
boards.	925

(B) The contract shall do all of the following:

926

(1) Prescribe the structure, management, and responsibilities	927
of the commission;	928

(2) Provide for a process to establish the annual budget for	929
the commission that includes a requirement that the annual budget	930
be approved by all of the boards of county commissioners of the	931
member counties;	932

(3) Apportion the annual operating costs of the commission to	933
each member county;	934

(4) Designate the expenditure of funds from the county law	935
library resources fund of each member county;	936

(5) Address amendments to the contract.

937

(C) The contract shall be for a period of not less than three	938
calendar years and not more than five calendar years.	939

Sec. 717.02. (A) As used in this section~~, "energy~~:

940

(1) "Energy conservation measure" means anthe construction	941
of, installation or modification of an installation in, or	942
remodeling of, ana new or existing building or infrastructure, to	943
reduce energy consumption. It includes:	944

~~(1)~~(a) Insulation of the building structure and of systems	945
within the building;	946

~~(2)~~(b) Storm windows and doors, multiglazed windows and	947
doors, heat-absorbing or heat-reflective glazed and coated window	948
and door systems, additional glazing, reductions in glass area,	949
and other window and door system modifications that reduce energy	950
consumption;	951

~~(3)~~(c) Automatic energy control systems;

952

~~(4)~~(d) Heating, ventilating, or air conditioning system	953
modifications or replacements;	954

~~(5)~~(e) Caulking and weatherstripping;

955

~~(6)~~(f) Replacement or modification of lighting fixtures to	956
increase the energy efficiency of the system without increasing	957
the overall illumination of a facility, unless such an increase in	958
illumination is necessary to conform to the applicable state or	959
local building code for the proposed lighting system;	960

~~(7)~~(g) Energy recovery systems;

961

~~(8)~~(h) Cogeneration systems that produce steam or forms of	962
energy such as heat, as well as electricity, for use primarily	963
within a building or complex of buildings;	964

~~(9)~~(i) Acquiring, constructing, furnishing, equipping,	965
improving the site of, or otherwise improving a central utility	966
plant to provide heating and cooling services to a building or	967
building infrastructure together with distribution piping and	968
ancillary distribution controls, equipment, and related	969
facilities from the central utility plant to the building or	970
building infrastructure;	971

(j) Meter replacement, installation of an automatic meter	972
reading system, or any other construction, modification,	973
installation, or remodeling of water, electric, gas, or any other	974
municipally supplied utility system;	975

(k) Any other construction, modification, installation, or	976
remodeling approved by the legislative authority of the municipal	977
corporation as an energy conservation measure.	978

(2) "Infrastructure" includes, but is not limited to, a	979
water, gas, or electric utility, renewable energy system or	980
technology, traffic control signal, or any other asset owned,	981
operated, or maintained by a municipal corporation.	982

(B) ~~The~~For the purpose of evaluating buildings owned by a	983
municipal corporation for energy conservation measures, a	984
legislative authority of a municipal corporation may contract with	985
an architect, professional engineer, energy services company,	986
contractor, or other person experienced in the design and	987
implementation of energy conservation measures for an energy	988
conservation report. The report shall include all of the	989
following:	990

(1) Analyses of the energy needs of the buildings owned by	991
that municipal corporation and recommendations for building	992
installations, modifications of existing installations, or	993
building remodeling that would significantly reduce energy	994
consumption in the buildings;	995

(2) Estimates of all costs of the recommended installations,	996
modifications, or remodeling, including costs of design,	997
engineering, installation, maintenance, and repair;	998

(3) Estimates of the amounts by which energy consumption	999
could be reduced;	1000

(4) The interest rate used to estimate the costs of any	1001
energy conservation measures that are to be financed by the	1002
municipal corporation;	1003

(5) The average system life of the energy conservation	1004
measures;	1005

(6) Estimates of the likely savings that will result from the	1006
reduction in energy consumption over the average system life of	1007
the energy conservation measures, including the methods used to	1008
estimate the savings;	1009

(7) A certification under the seal of a registered	1010
professional engineer that the energy conservation report uses	1011
reasonable methods of analysis and estimation.	1012

(C)(1) A municipal corporation desiring to implement energy	1013
conservation measures may proceed under any of the following	1014
methods:	1015

(a) Procure the energy conservation measures in any manner	1016
authorized by the municipal corporation's charter, ordinances, or	1017
any other existing authority;	1018

(b) Advertise for bids using a report or any part of an	1019
energy conservation report prepared under division (B) of this	1020
section, and, except as otherwise provided in this section, comply	1021
with competitive bidding requirements;	1022

(c) Notwithstanding any requirement in the Revised Code that	1023
requires competitive bidding or specifies bidding procedures,	1024
request proposals from at least three vendors for the	1025
implementation of energy conservation measures. A request for	1026
proposals shall require the vendor that is awarded a contract	1027
under division (C)(2)(b) of this section to prepare an energy	1028
conservation report in accordance with division (B) of this	1029
section.	1030

Prior to sending any vendor a copy of any request for	1031
proposals, the legislative authority shall advertise its intent	1032
to request proposals for the installation of energy conservation	1033
measures in a newspaper of general circulation in the municipal	1034
corporation once a week for two consecutive weeks. The notice	1035
shall state that the legislative authority intends to request	1036
proposals for the installation of energy conservation measures,	1037
indicate the date on which the request for proposals will be	1038
mailed to vendors, which shall be at least ten days after the	1039
second publication in the newspaper, and state that any vendor	1040
interested in receiving the request for proposals shall submit	1041
written notice to the legislative authority not later than noon	1042
of the day on which the request for proposals is to be mailed.	1043

(2)(a) Upon receiving bids under division (C)(1)(b) of this	1044
section, the legislative authority shall analyze them and select	1045
the lowest and best bid or bids most likely to result in the	1046
greatest energy savings considering the cost of the project and	1047
the legislative authority's ability to pay for the improvements	1048
with current revenues or by financing the improvements.	1049

(b) Upon receiving proposals under division (C)(1)(c) of this	1050
section, the legislative authority shall analyze the proposals and	1051
the vendors' qualifications and select the most qualified vendor	1052
to prepare an energy conservation report in accordance with	1053
division (B) of this section. After receipt and review of the	1054
energy conservation report, the legislative authority may award a	1055
contract to the selected vendor to install the energy	1056
conservation measures that are most likely to result in the	1057
greatest energy savings considering the cost of the project and	1058
the legislative authority's ability to pay for the improvements	1059
with current revenues or by financing the improvements.	1060

(c) The awarding of a contract to install energy conservation	1061
measures under division (C)(2)(a) or (b) of this section shall be	1062
conditioned upon a finding by the contracting authority that the	1063
amount of money spent on energy conservation measures is not	1064
likely to exceed the amount of money the municipal corporation	1065
would save in energy, operating, maintenance, and avoided capital	1066
costs over the average system life of the energy conservation	1067
measures as specified in the energy conservation report. In making	1068
such a finding, the contracting authority may take into account	1069
the increased costs due to inflation as shown in the energy	1070
conservation report. Nothing in this division prohibits a	1071
municipal corporation from rejecting all bids or proposals under	1072
division (C)(1)(b) or (c) of this section or from selecting more	1073
than one bid or proposal.	1074

(D) The legislative authority of a municipal corporation may	1075
enter into an installment payment contract for the purchase and	1076
installation of energy conservation measures. ~~The~~Provisions of	1077
installment payment contracts that deal with interest charges and	1078
financing terms shall not be subject to competitive bidding	1079
requirements and shall be on the following terms:	1080

(1) Not less than a specified percentage of the costs of the	1081
contract shall be paid within two years from the date of purchase,	1082
as determined and approved by the legislative authority of a	1083
municipal corporation.	1084

(2) The remaining balance of the costs of the contract shall	1085
be paid within the lesser of the average system life of the energy	1086
conservation measures as specified in the energy conservation	1087
report or thirty years.	1088

(E) The legislative authority of a municipal corporation may	1089
issue the notes of the municipal corporation specifying the terms	1090
of ~~the~~a purchase of energy conservation measures under this	1091
section and securing ~~the~~any deferred payments provided ~~in the~~	1092
~~contract,~~for in division (C) of this section. The notes shall be	1093
payable at the times provided and ~~bearing~~bear interest at a rate	1094
not exceeding the rate determined as provided in section 9.95 of	1095
the Revised Code. The notes may contain an option for prepayment	1096
and shall not be subject to Chapter 133. of the Revised Code.	1097
Revenues derived from local taxes or otherwise, for the purpose of	1098
conserving energy or for defraying the current operating expenses	1099
of the municipal corporation, may be pledged and applied to the	1100
payment of interest and the retirement of ~~such~~the notes. The	1101
notes may be sold at private sale or given to the contractor under	1102
~~the~~an installment payment contract authorized by ~~this~~ division	1103
(C) of this section.	1104

~~(C)~~(F) Debt incurred under this section shall not be included	1105
in the calculation of the net indebtedness of a municipal	1106
corporation under section 133.05 of the Revised Code.	1107

Sec. 733.40. Except as otherwise provided in section	1108
4511.193 of the Revised Code, all fines, forfeitures, and costs in	1109
ordinance cases and all fees that are collected by the mayor, that	1110
in any manner come into the mayor's hands, or that are due the	1111
mayor or a marshal, chief of police, or other officer of the	1112
municipal corporation, any other fees and expenses that have been	1113
advanced out of the treasury of the municipal corporation, and all	1114
money received by the mayor for the use of the municipal	1115
corporation shall be paid by the mayor into the treasury of the	1116
municipal corporation on the first Monday of each month. At the	1117
first regular meeting of the legislative authority each month, the	1118
mayor shall submit a full statement of all money received, from	1119
whom and for what purposes received, and when paid into the	1120
treasury. Except as otherwise provided by ~~sections 3375.50 to~~	1121
~~3375.52~~section 307.515 or 4511.19 of the Revised Code, all fines,	1122
and forfeitures collected by the mayor in state cases, together	1123
with all fees and expenses collected that have been advanced out	1124
of the county treasury, shall be paid by the mayor to the county	1125
treasury on the first business day of each month. Except as	1126
otherwise provided by ~~sections 3375.50 to 3375.52~~section 307.515	1127
or 4511.19 of the Revised Code, the mayor shall pay all court	1128
costs and fees collected by the mayor in state cases into the	1129
municipal treasury on the first business day of each month.	1130

This section does not apply to fines collected by a mayor's	1131
court for violations of division (B) of section 4513.263 of the	1132
Revised Code, or for violations of any municipal ordinance that is	1133
substantively comparable to that division, all of which shall be	1134
forwarded to the treasurer of state as provided in division (E) of	1135
section 4513.263 of the Revised Code.	1136

Sec. 1333.851. With respect to any merger, acquisition,	1137
purchase, or assignment under division (D) of section 1333.85 of	1138
the Revised Code, both of the following apply:	1139

(A) The territories for the particular product or brand of	1140
alcoholic beverage shall not be assigned to another distributor	1141
until the successor manufacturer compensates the terminated or	1142
nonrenewed distributor for the diminished value of the	1143
distributor's business;	1144

(B) When a distributor receives written notice of termination	1145
or nonrenewal of its franchise pursuant to division (D) of section	1146
1333.85 of the Revised Code, the distribution of beer or wine for	1147
ninety days or more without a written contract shall not	1148
constitute a franchise relationship between the successor	1149
manufacturer and the distributor under section 1333.83 of the	1150
Revised Code.	1151

Sec. 1901.024. (A) The board of county commissioners of	1152
Hamilton county shall pay all of the costs of operation of the	1153
Hamilton county municipal court. Subject to sections ~~3375.50,~~	1154
~~3375.53~~307.515, 4511.19, 4511.193, and 5503.04 of the Revised	1155
Code and to any other section of the Revised Code that requires a	1156
specific manner of disbursement of any moneys received by a	1157
municipal court, the county shall receive all of the costs, fees,	1158
and other moneys, except fines collected for violations of	1159
municipal ordinances and for violations of township resolutions	1160
adopted pursuant to Chapter 504. of the Revised Code, that are	1161
received by the Hamilton county municipal court and shall receive	1162
fifty per cent of all of the fines for violations of municipal	1163
ordinances and for violations of township resolutions adopted	1164
pursuant to Chapter 504. of the Revised Code that are received by	1165
the court.	1166

(B) The board of county commissioners of Lawrence county	1167
shall pay all of the costs of operation of the Lawrence county	1168
municipal court. Subject to sections ~~3375.50, 3375.53~~307.515,	1169
4511.19, 4511.193, and 5503.04 of the Revised Code and to any	1170
other section of the Revised Code that requires a specific manner	1171
of disbursement of any moneys received by a municipal court, the	1172
county shall receive all of the costs, fees, and other moneys,	1173
except fines collected for violations of municipal ordinances and	1174
for violations of township resolutions adopted pursuant to Chapter	1175
504. of the Revised Code, that are received by the Lawrence county	1176
municipal court and shall receive fifty per cent of all of the	1177
fines for violations of municipal ordinances and for violations of	1178
township resolutions adopted pursuant to Chapter 504. of the	1179
Revised Code that are received by the court.	1180

(C) The board of county commissioners of Ottawa county shall	1181
pay all of the costs of operation of the Ottawa county municipal	1182
court. Subject to sections ~~3375.50, 3375.53~~307.515, 4511.19,	1183
4511.193, and 5503.04 of the Revised Code and to any other section	1184
of the Revised Code that requires a specific manner of	1185
disbursement of any moneys received by a municipal court, the	1186
county shall receive all of the costs, fees, and other moneys,	1187
except fines collected for violations of municipal ordinances and	1188
for violations of township resolutions adopted pursuant to Chapter	1189
504. of the Revised Code, that are received by the Ottawa county	1190
municipal court and shall receive fifty per cent of all of the	1191
fines for violations of municipal ordinances and for violations of	1192
township resolutions adopted pursuant to Chapter 504. of the	1193
Revised Code that are received by the court.	1194

(D) The board of county commissioners of a county in which a	1195
county-operated municipal court is located shall pay all of the	1196
costs of operation of the municipal court. The county in which a	1197
county-operated municipal court that is not subject to division	1198
(A), (B), or (C) of this section is located shall receive all of	1199
the costs, fees, and other moneys, except fines collected for	1200
violations of municipal ordinances and for violations of township	1201
resolutions adopted pursuant to Chapter 504. of the Revised Code	1202
and except as provided in sections ~~3375.50, 3375.53,~~307.515 and	1203
5503.04 of the Revised Code and in any other section of the	1204
Revised Code that requires a specific manner of disbursement of	1205
any moneys received by a municipal court, that are received by the	1206
court.	1207

Sec. 1901.07. (A) All municipal court judges shall be	1208
elected on the nonpartisan ballot for terms of six years. In a	1209
municipal court in which only one judge is to be elected in any	1210
one year, that judge's term commences on the first day of January	1211
after the election. In a municipal court in which two or more	1212
judges are to be elected in any one year, their terms commence on	1213
successive days beginning the first day of January, following the	1214
election, unless otherwise provided by section 1901.08 of the	1215
Revised Code.	1216

(B) All candidates for municipal court judge may be nominated	1217
either by nominating petition or by primary election, except that	1218
if the jurisdiction of a municipal court extends only to the	1219
corporate limits of the municipal corporation in which the court	1220
is located and that municipal corporation operates under a	1221
charter, all candidates shall be nominated in the same manner	1222
provided in the charter for the office of municipal court judge	1223
or, if no specific provisions are made in the charter for the	1224
office of municipal court judge, in the same manner as the charter	1225
prescribes for the nomination and election of the legislative	1226
authority of the municipal corporation.	1227

If the jurisdiction of a municipal court extends beyond the	1228
corporate limits of the municipal corporation in which it is	1229
located or if the jurisdiction of the court does not extend beyond	1230
the corporate limits of the municipal corporation in which it is	1231
located and no charter provisions apply, all candidates for party	1232
nomination to the office of municipal court judge shall file a	1233
declaration of candidacy and petition not later than four p.m. of	1234
the seventy-fifth day before the day of the primary election, or	1235
if the primary election is a presidential primary election, not	1236
later than four p.m. of the sixtieth day before the day of the	1237
presidential primary election, in the form prescribed by section	1238
3513.07 of the Revised Code. The petition shall conform to the	1239
requirements provided for those petitions of candidacy contained	1240
in section 3513.05 of the Revised Code, except that the petition	1241
shall be signed by at least fifty electors of the territory of the	1242
court. If no valid declaration of candidacy is filed for	1243
nomination as a candidate of a political party for election to the	1244
office of municipal court judge, or if the number of persons	1245
filing the declarations of candidacy for nominations as candidates	1246
of one political party for election to the office does not exceed	1247
the number of candidates that that party is entitled to nominate	1248
as its candidates for election to the office, no primary election	1249
shall be held for the purpose of nominating candidates of that	1250
party for election to the office, and the candidates shall be	1251
issued certificates of nomination in the manner set forth in	1252
section 3513.02 of the Revised Code.	1253

If the jurisdiction of a municipal court extends beyond the	1254
corporate limits of the municipal corporation in which it is	1255
located or if the jurisdiction of the court does not extend beyond	1256
the corporate limits of the municipal corporation in which it is	1257
located and no charter provisions apply, nonpartisan candidates	1258
for the office of municipal court judge shall file nominating	1259
petitions not later than four p.m. of the day before the day of	1260
the primary election in the form prescribed by section 3513.261 of	1261
the Revised Code. The petition shall conform to the requirements	1262
provided for those petitions of candidacy contained in section	1263
3513.257 of the Revised Code, except that the petition shall be	1264
signed by at least fifty electors of the territory of the court.	1265

The nominating petition or declaration of candidacy for a	1266
municipal court judge shall contain a designation of the term for	1267
which the candidate seeks election. At the following regular	1268
municipal election, the candidacies of the judges nominated shall	1269
be submitted to the electors of the territory on a nonpartisan,	1270
judicial ballot in the same manner as provided for judges of the	1271
court of common pleas, except that, in a municipal corporation	1272
operating under a charter, all candidates for municipal court	1273
judge shall be elected in conformity with the charter if	1274
provisions are made in the charter for the election of municipal	1275
court judges.	1276

(C) Notwithstanding divisions (A) and (B) of this section, in	1277
the following municipal courts, the judges shall be nominated and	1278
elected as follows:	1279

(1) In the Cleveland municipal court, the judges shall be	1280
nominated only by petition. The petition shall be signed by at	1281
least fifty electors of the territory of the court. It shall be in	1282
the statutory form and shall be filed in the manner and within the	1283
time prescribed by the charter of the city of Cleveland for filing	1284
petitions of candidates for municipal offices. Each elector shall	1285
have the right to sign petitions for as many candidates as are to	1286
be elected, but no more. The judges shall be elected by the	1287
electors of the territory of the court in the manner provided by	1288
law for the election of judges of the court of common pleas.	1289

(2) In the Toledo municipal court, the judges shall be	1290
nominated only by petition. The petition shall be signed by at	1291
least fifty electors of the territory of the court. It shall be in	1292
the statutory form and shall be filed in the manner and within the	1293
time prescribed by the charter of the city of Toledo for filing	1294
nominating petitions for city council. Each elector shall have the	1295
right to sign petitions for as many candidates as are to be	1296
elected, but no more. The judges shall be elected by the electors	1297
of the territory of the court in the manner provided by law for	1298
the election of judges of the court of common pleas.	1299

(3) In the Akron municipal court, the judges shall be	1300
nominated only by petition. The petition shall be signed by at	1301
least fifty electors of the territory of the court. It shall be in	1302
statutory form and shall be filed in the manner and within the	1303
time prescribed by the charter of the city of Akron for filing	1304
nominating petitions of candidates for municipal offices. Each	1305
elector shall have the right to sign petitions for as many	1306
candidates as are to be elected, but no more. The judges shall be	1307
elected by the electors of the territory of the court in the	1308
manner provided by law for the election of judges of the court of	1309
common pleas.	1310

(4) In the Hamilton county municipal court, the judges shall	1311
be nominated only by petition. The petition shall be signed by at	1312
least fifty electors of the territory of the court, which	1313
petitions shall be signed, verified, and filed in the manner and	1314
within the time required by law for nominating petitions for	1315
members of council of the city of Cincinnati. The judges shall be	1316
elected by the electors of the territory of the court at the	1317
regular municipal election and in the manner provided by law for	1318
the election of judges of the court of common pleas.	1319

(5) In the Franklin county municipal court, the judges shall	1320
be nominated only by petition. The petition shall be signed by at	1321
least fifty electors of the territory of the court. The petition	1322
shall be in the statutory form and shall be filed in the manner	1323
and within the time prescribed by the charter of the city of	1324
Columbus for filing petitions of candidates for municipal offices.	1325
The judges shall be elected by the electors of the territory of	1326
the court in the manner provided by law for the election of judges	1327
of the court of common pleas.	1328

(6) In the Auglaize, Brown, Carroll, Clermont, Crawford,	1329
Hocking, Jackson, Lawrence, Madison, Miami, Morrow, ~~Portage,~~ and	1330
Wayne county municipal courts, the judges shall be nominated only	1331
by petition. The petitions shall be signed by at least fifty	1332
electors of the territory of the court and shall conform to the	1333
provisions of this section.	1334

(D) In the Portage county municipal court, the judges shall	1335
be nominated either by nominating petition or by primary election,	1336
as provided in division (B) of this section.	1337

(E) As used in this section, as to an election for either a	1338
full or an unexpired term, "the territory within the jurisdiction	1339
of the court" means that territory as it will be on the first day	1340
of January after the election.	1341

Sec. 1901.08. The number of, and the time for election of,	1342
judges of the following municipal courts and the beginning of	1343
their terms shall be as follows:	1344

In the Akron municipal court, two full-time judges shall be	1345
elected in 1951, two full-time judges shall be elected in 1953,	1346
one full-time judge shall be elected in 1967, and one full-time	1347
judge shall be elected in 1975.	1348

In the Alliance municipal court, one full-time judge shall be	1349
elected in 1953.	1350

In the Ashland municipal court, one full-time judge shall be	1351
elected in 1951.	1352

In the Ashtabula municipal court, one full-time judge shall	1353
be elected in 1953.	1354

In the Athens county municipal court, one full-time judge	1355
shall be elected in 1967.	1356

In the Auglaize county municipal court, one full-time judge	1357
shall be elected in 1975.	1358

In the Avon Lake municipal court, one part-time judge shall	1359
be elected in 1957.	1360

In the Barberton municipal court, one full-time judge shall	1361
be elected in 1969, and one full-time judge shall be elected in	1362
1971.	1363

In the Bedford municipal court, one full-time judge shall be	1364
elected in 1975, and one full-time judge shall be elected in 1979.	1365

In the Bellefontaine municipal court, one full-time judge	1366
shall be elected in 1993.	1367

In the Bellevue municipal court, one part-time judge shall be	1368
elected in 1951.	1369

In the Berea municipal court, one full-time judge shall be	1370
elected in 2005.	1371

In the Bowling Green municipal court, one full-time judge	1372
shall be elected in 1983.	1373

In the Brown county municipal court, one full-time judge	1374
shall be elected in 2005. Beginning February 9, 2003, the	1375
part-time judge of the Brown county county court that existed	1376
prior to that date whose term commenced on January 2, 2001, shall	1377
serve as the full-time judge of the Brown county municipal court	1378
until December 31, 2005.	1379

In the Bryan municipal court, one full-time judge shall be	1380
elected in 1965.	1381

In the Cambridge municipal court, one full-time judge shall	1382
be elected in 1951.	1383

In the Campbell municipal court, one part-time judge shall be	1384
elected in 1963.	1385

In the Canton municipal court, one full-time judge shall be	1386
elected in 1951, one full-time judge shall be elected in 1969, and	1387
two full-time judges shall be elected in 1977.	1388

In the Carroll county municipal court, one full-time judge	1389
shall be elected in 2009. Beginning January 1, 2007, the judge	1390
elected in 2006 to the part-time judgeship of the Carroll county	1391
county court that existed prior to that date shall serve as the	1392
full-time judge of the Carroll county municipal court until	1393
December 31, 2009.	1394

In the Celina municipal court, one full-time judge shall be	1395
elected in 1957.	1396

In the Champaign county municipal court, one full-time judge	1397
shall be elected in 2001.	1398

In the Chardon municipal court, one part-time judge shall be	1399
elected in 1963.	1400

In the Chillicothe municipal court, one full-time judge shall	1401
be elected in 1951, and one full-time judge shall be elected in	1402
1977.	1403

In the Circleville municipal court, one full-time judge shall	1404
be elected in 1953.	1405

In the Clark county municipal court, one full-time judge	1406
shall be elected in 1989, and two full-time judges shall be	1407
elected in 1991. The full-time judges of the Springfield municipal	1408
court who were elected in 1983 and 1985 shall serve as the judges	1409
of the Clark county municipal court from January 1, 1988, until	1410
the end of their respective terms.	1411

In the Clermont county municipal court, two full-time judges	1412
shall be elected in 1991, and one full-time judge shall be elected	1413
in 1999.	1414

In the Cleveland municipal court, six full-time judges shall	1415
be elected in 1975, three full-time judges shall be elected in	1416
1953, and four full-time judges shall be elected in 1955.	1417

In the Cleveland Heights municipal court, one full-time judge	1418
shall be elected in 1957.	1419

In the Clinton county municipal court, one full-time judge	1420
shall be elected in 1997. The full-time judge of the Wilmington	1421
municipal court who was elected in 1991 shall serve as the judge	1422
of the Clinton county municipal court from July 1, 1992, until the	1423
end of that judge's term on December 31, 1997.	1424

In the Columbiana county municipal court, two full-time	1425
judges shall be elected in 2001.	1426

In the Conneaut municipal court, one full-time judge shall be	1427
elected in 1953.	1428

In the Coshocton municipal court, one full-time judge shall	1429
be elected in 1951.	1430

In the Crawford county municipal court, one full-time judge	1431
shall be elected in 1977.	1432

In the Cuyahoga Falls municipal court, one full-time judge	1433
shall be elected in 1953, and one full-time judge shall be elected	1434
in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal	1435
court shall cease to exist; however, the judges of the Cuyahoga	1436
Falls municipal court who were elected pursuant to this section in	1437
2003 and 2007 for terms beginning on January 1, 2004, and January	1438
1, 2008, respectively, shall serve as full-time judges of the Stow	1439
municipal court until December 31, 2009, and December 31, 2013,	1440
respectively.	1441

In the Darke county municipal court, one full-time judge	1442
shall be elected in 2005. Beginning January 1, 2005, the part-time	1443
judge of the Darke county county court that existed prior to that	1444
date whose term began on January 1, 2001, shall serve as the	1445
full-time judge of the Darke county municipal court until December	1446
31, 2005.	1447

In the Dayton municipal court, three full-time judges shall	1448
be elected in 1987, their terms to commence on successive days	1449
beginning on the first day of January next after their election,	1450
and two full-time judges shall be elected in 1955, their terms to	1451
commence on successive days beginning on the second day of January	1452
next after their election.	1453

In the Defiance municipal court, one full-time judge shall be	1454
elected in 1957.	1455

In the Delaware municipal court, one full-time judge shall be	1456
elected in 1953, and one full-time judge shall be elected in 2007.	1457

In the East Cleveland municipal court, one full-time judge	1458
shall be elected in 1957.	1459

In the East Liverpool municipal court, one full-time judge	1460
shall be elected in 1953.	1461

In the Eaton municipal court, one full-time judge shall be	1462
elected in 1973.	1463

In the Elyria municipal court, one full-time judge shall be	1464
elected in 1955, and one full-time judge shall be elected in 1973.	1465

In the Erie county municipal court, one full-time judge shall	1466
be elected in 2007.	1467

In the Euclid municipal court, one full-time judge shall be	1468
elected in 1951.	1469

In the Fairborn municipal court, one full-time judge shall be	1470
elected in 1977.	1471

In the Fairfield county municipal court, one full-time judge	1472
shall be elected in 2003, and one full-time judge shall be elected	1473
in 2005.	1474

In the Fairfield municipal court, one full-time judge shall	1475
be elected in 1989.	1476

In the Findlay municipal court, one full-time judge shall be	1477
elected in 1955, and one full-time judge shall be elected in 1993.	1478

In the Fostoria municipal court, one full-time judge shall be	1479
elected in 1975.	1480

In the Franklin municipal court, one part-time judge shall be	1481
elected in 1951.	1482

In the Franklin county municipal court, two full-time judges	1483
shall be elected in 1969, three full-time judges shall be elected	1484
in 1971, seven full-time judges shall be elected in 1967, one	1485
full-time judge shall be elected in 1975, one full-time judge	1486
shall be elected in 1991, and one full-time judge shall be elected	1487
in 1997.	1488

In the Fremont municipal court, one full-time judge shall be	1489
elected in 1975.	1490

In the Gallipolis municipal court, one full-time judge shall	1491
be elected in 1981.	1492

In the Garfield Heights municipal court, one full-time judge	1493
shall be elected in 1951, and one full-time judge shall be elected	1494
in 1981.	1495

In the Girard municipal court, one full-time judge shall be	1496
elected in 1963.	1497

In the Hamilton municipal court, one full-time judge shall be	1498
elected in 1953.	1499

In the Hamilton county municipal court, five full-time judges	1500
shall be elected in 1967, five full-time judges shall be elected	1501
in 1971, two full-time judges shall be elected in 1981, and two	1502
full-time judges shall be elected in 1983. All terms of judges of	1503
the Hamilton county municipal court shall commence on the first	1504
day of January next after their election, except that the terms of	1505
the additional judges to be elected in 1981 shall commence on	1506
January 2, 1982, and January 3, 1982, and that the terms of the	1507
additional judges to be elected in 1983 shall commence on January	1508
4, 1984, and January 5, 1984.	1509

In the Hardin county municipal court, one part-time judge	1510
shall be elected in 1989.	1511

In the Hillsboro municipal court, one ~~part-time~~full-time	1512
judge shall be elected in ~~1957~~2011. On and after the effective	1513
date of this amendment, the part-time judge of the Hillsboro	1514
municipal court who was elected in 2005 shall serve as a full-time	1515
judge of the court until the end of that judge's term on December	1516
31, 2011.	1517

In the Hocking county municipal court, one full-time judge	1518
shall be elected in 1977.	1519

In the Holmes county municipal court, one full-time judge	1520
shall be elected in 2007. Beginning January 1, 2007, the part-time	1521
judge of the Holmes county county court that existed prior to that	1522
date whose term commenced on January 1, 2007, shall serve as the	1523
full-time judge of the Holmes county municipal court until	1524
December 31, 2007.	1525

In the Huron municipal court, one part-time judge shall be	1526
elected in 1967.	1527

In the Ironton municipal court, one full-time judge shall be	1528
elected in 1951.	1529

In the Jackson county municipal court, one full-time judge	1530
shall be elected in 2001. On and after March 31, 1997, the	1531
part-time judge of the Jackson county municipal court who was	1532
elected in 1995 shall serve as a full-time judge of the court	1533
until the end of that judge's term on December 31, 2001.	1534

In the Kettering municipal court, one full-time judge shall	1535
be elected in 1971, and one full-time judge shall be elected in	1536
1975.	1537

In the Lakewood municipal court, one full-time judge shall be	1538
elected in 1955.	1539

In the Lancaster municipal court, one full-time judge shall	1540
be elected in 1951, and one full-time judge shall be elected in	1541
1979. Beginning January 2, 2000, the full-time judges of the	1542
Lancaster municipal court who were elected in 1997 and 1999 shall	1543
serve as judges of the Fairfield county municipal court until the	1544
end of those judges' terms.	1545

In the Lawrence county municipal court, one part-time judge	1546
shall be elected in 1981.	1547

In the Lebanon municipal court, one part-time judge shall be	1548
elected in 1955.	1549

In the Licking county municipal court, one full-time judge	1550
shall be elected in 1951, and one full-time judge shall be elected	1551
in 1971.	1552

In the Lima municipal court, one full-time judge shall be	1553
elected in 1951, and one full-time judge shall be elected in 1967.	1554

In the Lorain municipal court, one full-time judge shall be	1555
elected in 1953, and one full-time judge shall be elected in 1973.	1556

In the Lyndhurst municipal court, one part-time judge shall	1557
be elected in 1957.	1558

In the Madison county municipal court, one full-time judge	1559
shall be elected in 1981.	1560

In the Mansfield municipal court, one full-time judge shall	1561
be elected in 1951, and one full-time judge shall be elected in	1562
1969.	1563

In the Marietta municipal court, one full-time judge shall be	1564
elected in 1957.	1565

In the Marion municipal court, one full-time judge shall be	1566
elected in 1951.	1567

In the Marysville municipal court, one full-time judge shall	1568
be elected in 2011. On and after January 18, 2007, the part-time	1569
judge of the Marysville municipal court who was elected in 2005	1570
shall serve as a full-time judge of the court until the end of	1571
that judge's term on December 31, 2011.	1572

In the Mason municipal court, one part-time judge shall be	1573
elected in 1965.	1574

In the Massillon municipal court, one full-time judge shall	1575
be elected in 1953, and one full-time judge shall be elected in	1576
1971.	1577

In the Maumee municipal court, one full-time judge shall be	1578
elected in 1963.	1579

In the Medina municipal court, one full-time judge shall be	1580
elected in 1957.	1581

In the Mentor municipal court, one full-time judge shall be	1582
elected in 1971.	1583

In the Miami county municipal court, one full-time judge	1584
shall be elected in 1975, and one full-time judge shall be elected	1585
in 1979.	1586

In the Miamisburg municipal court, one part-time judge shall	1587
be elected in 1951.	1588

In the Middletown municipal court, one full-time judge shall	1589
be elected in 1953.	1590

In the Morrow county municipal court, one full-time judge	1591
shall be elected in 2005. Beginning January 1, 2003, the part-time	1592
judge of the Morrow county county court that existed prior to that	1593
date shall serve as the full-time judge of the Morrow county	1594
municipal court until December 31, 2005.	1595

In the Mount Vernon municipal court, one full-time judge	1596
shall be elected in 1951.	1597

In the Napoleon municipal court, one full-time judge shall be	1598
elected in 2005.	1599

In the New Philadelphia municipal court, one full-time judge	1600
shall be elected in 1975.	1601

In the Newton Falls municipal court, one full-time judge	1602
shall be elected in 1963.	1603

In the Niles municipal court, one full-time judge shall be	1604
elected in 1951.	1605

In the Norwalk municipal court, one full-time judge shall be	1606
elected in 1975.	1607

In the Oakwood municipal court, one part-time judge shall be	1608
elected in 1953.	1609

In the Oberlin municipal court, one full-time judge shall be	1610
elected in 1989.	1611

In the Oregon municipal court, one full-time judge shall be	1612
elected in 1963.	1613

In the Ottawa county municipal court, one full-time judge	1614
shall be elected in 1995, and the full-time judge of the Port	1615
Clinton municipal court who is elected in 1989 shall serve as the	1616
judge of the Ottawa county municipal court from February 4, 1994,	1617
until the end of that judge's term.	1618

In the Painesville municipal court, one full-time judge shall	1619
be elected in 1951.	1620

In the Parma municipal court, one full-time judge shall be	1621
elected in 1951, one full-time judge shall be elected in 1967, and	1622
one full-time judge shall be elected in 1971.	1623

In the Perrysburg municipal court, one full-time judge shall	1624
be elected in 1977.	1625

In the Portage county municipal court, two full-time judges	1626
shall be elected in 1979, and one full-time judge shall be elected	1627
in 1971.	1628

In the Port Clinton municipal court, one full-time judge	1629
shall be elected in 1953. The full-time judge of the Port Clinton	1630
municipal court who is elected in 1989 shall serve as the judge of	1631
the Ottawa county municipal court from February 4, 1994, until the	1632
end of that judge's term.	1633

In the Portsmouth municipal court, one full-time judge shall	1634
be elected in 1951, and one full-time judge shall be elected in	1635
1985.	1636

In the Rocky River municipal court, one full-time judge shall	1637
be elected in 1957, and one full-time judge shall be elected in	1638
1971.	1639

In the Sandusky municipal court, one full-time judge shall be	1640
elected in 1953.	1641

In the Shaker Heights municipal court, one full-time judge	1642
shall be elected in 1957.	1643

In the Shelby municipal court, one part-time judge shall be	1644
elected in 1957.	1645

In the Sidney municipal court, one full-time judge shall be	1646
elected in 1995.	1647

In the South Euclid municipal court, one full-time judge	1648
shall be elected in 1999. The part-time judge elected in 1993,	1649
whose term commenced on January 1, 1994, shall serve until	1650
December 31, 1999, and the office of that judge is abolished on	1651
January 1, 2000.	1652

In the Springfield municipal court, two full-time judges	1653
shall be elected in 1985, and one full-time judge shall be elected	1654
in 1983, all of whom shall serve as the judges of the Springfield	1655
municipal court through December 31, 1987, and as the judges of	1656
the Clark county municipal court from January 1, 1988, until the	1657
end of their respective terms.	1658

In the Steubenville municipal court, one full-time judge	1659
shall be elected in 1953.	1660

In the Stow municipal court, one full-time judge shall be	1661
elected in 2009, and one full-time judge shall be elected in 2013.	1662
Beginning January 1, 2009, the judge of the Cuyahoga Falls	1663
municipal court that existed prior to that date whose term	1664
commenced on January 1, 2008, shall serve as a full-time judge of	1665
the Stow municipal court until December 31, 2013. Beginning	1666
January 1, 2009, the judge of the Cuyahoga Falls municipal court	1667
that existed prior to that date whose term commenced on January 1,	1668
2004, shall serve as a full-time judge of the Stow municipal court	1669
until December 31, 2009.	1670

In the Struthers municipal court, one part-time judge shall	1671
be elected in 1963.	1672

In the Sylvania municipal court, one full-time judge shall be	1673
elected in 1963.	1674

In the Tiffin municipal court, one full-time judge shall be	1675
elected in 1953.	1676

In the Toledo municipal court, two full-time judges shall be	1677
elected in 1971, four full-time judges shall be elected in 1975,	1678
and one full-time judge shall be elected in 1973.	1679

In the Upper Sandusky municipal court, one full-time judge	1680
shall be elected in 2011. The part-time judge elected in 2005,	1681
whose term commenced on January 1, 2006, shall serve as a	1682
full-time judge on and after January 1, 2008, until the	1683
expiration of that judge's term on December 31, 2011, and the	1684
office of that judge is abolished on January 1, 2012.	1685

In the Vandalia municipal court, one full-time judge shall be	1686
elected in 1959.	1687

In the Van Wert municipal court, one full-time judge shall be	1688
elected in 1957.	1689

In the Vermilion municipal court, one part-time judge shall	1690
be elected in 1965.	1691

In the Wadsworth municipal court, one full-time judge shall	1692
be elected in 1981.	1693

In the Warren municipal court, one full-time judge shall be	1694
elected in 1951, and one full-time judge shall be elected in 1971.	1695

In the Washington Court House municipal court, one full-time	1696
judge shall be elected in 1999. The part-time judge elected in	1697
1993, whose term commenced on January 1, 1994, shall serve until	1698
December 31, 1999, and the office of that judge is abolished on	1699
January 1, 2000.	1700

In the Wayne county municipal court, one full-time judge	1701
shall be elected in 1975, and one full-time judge shall be elected	1702
in 1979.	1703

In the Willoughby municipal court, one full-time judge shall	1704
be elected in 1951.	1705

In the Wilmington municipal court, one full-time judge shall	1706
be elected in 1991, who shall serve as the judge of the Wilmington	1707
municipal court through June 30, 1992, and as the judge of the	1708
Clinton county municipal court from July 1, 1992, until the end of	1709
that judge's term on December 31, 1997.	1710

In the Xenia municipal court, one full-time judge shall be	1711
elected in 1977.	1712

In the Youngstown municipal court, one full-time judge shall	1713
be elected in 1951, and two full-time judges shall be elected in	1714
1953.	1715

In the Zanesville municipal court, one full-time judge shall	1716
be elected in 1953.	1717

Sec. 1901.31. The clerk and deputy clerks of a municipal	1718
court shall be selected, be compensated, give bond, and have	1719
powers and duties as follows:	1720

(A) There shall be a clerk of the court who is appointed or	1721
elected as follows:	1722

(1)(a) Except in the Akron, Barberton, Toledo, Hamilton	1723
county, Portage county, and Wayne county municipal courts and	1724
through December 31, 2008, the Cuyahoga Falls municipal court, if	1725
the population of the territory equals or exceeds one hundred	1726
thousand at the regular municipal election immediately preceding	1727
the expiration of the term of the present clerk, the clerk shall	1728
be nominated and elected by the qualified electors of the	1729
territory in the manner that is provided for the nomination and	1730
election of judges in section 1901.07 of the Revised Code.	1731

The clerk so elected shall hold office for a term of six	1732
years, which term shall commence on the first day of January	1733
following the clerk's election and continue until the clerk's	1734
successor is elected and qualified.	1735

(b) In the Hamilton county municipal court, the clerk of	1736
courts of Hamilton county shall be the clerk of the municipal	1737
court and may appoint an assistant clerk who shall receive the	1738
compensation, payable out of the treasury of Hamilton county in	1739
semimonthly installments, that the board of county commissioners	1740
prescribes. The clerk of courts of Hamilton county, acting as the	1741
clerk of the Hamilton county municipal court and assuming the	1742
duties of that office, shall receive compensation at one-fourth	1743
the rate that is prescribed for the clerks of courts of common	1744
pleas as determined in accordance with the population of the	1745
county and the rates set forth in sections 325.08 and 325.18 of	1746
the Revised Code. This compensation shall be paid from the county	1747
treasury in semimonthly installments and is in addition to the	1748
annual compensation that is received for the performance of the	1749
duties of the clerk of courts of Hamilton county, as provided in	1750
sections 325.08 and 325.18 of the Revised Code.	1751

(c) In the Portage county and Wayne county municipal courts,	1752
the clerks of courts of Portage county and Wayne county shall be	1753
the clerks, respectively, of the Portage county and Wayne county	1754
municipal courts and may appoint a chief deputy clerk for each	1755
branch that is established pursuant to section 1901.311 of the	1756
Revised Code and assistant clerks as the judges of the municipal	1757
court determine are necessary, all of whom shall receive the	1758
compensation that the legislative authority prescribes. The clerks	1759
of courts of Portage county and Wayne county, acting as the clerks	1760
of the Portage county and Wayne county municipal courts and	1761
assuming the duties of these offices, shall receive compensation	1762
payable from the county treasury in semimonthly installments at	1763
one-fourth the rate that is prescribed for the clerks of courts of	1764
common pleas as determined in accordance with the population of	1765
the county and the rates set forth in sections 325.08 and 325.18	1766
of the Revised Code.	1767

(d) Except as otherwise provided in division (A)(1)(d) of	1768
this section, in the Akron municipal court, candidates for	1769
election to the office of clerk of the court shall be nominated by	1770
primary election. The primary election shall be held on the day	1771
specified in the charter of the city of Akron for the nomination	1772
of municipal officers. Notwithstanding any contrary provision of	1773
section 3513.05 or 3513.257 of the Revised Code, the declarations	1774
of candidacy and petitions of partisan candidates and the	1775
nominating petitions of independent candidates for the office of	1776
clerk of the Akron municipal court shall be signed by at least	1777
fifty qualified electors of the territory of the court.	1778

The candidates shall file a declaration of candidacy and	1779
petition, or a nominating petition, whichever is applicable, not	1780
later than four p.m. of the seventy-fifth day before the day of	1781
the primary election, in the form prescribed by section 3513.07 or	1782
3513.261 of the Revised Code. The declaration of candidacy and	1783
petition, or the nominating petition, shall conform to the	1784
applicable requirements of section 3513.05 or 3513.257 of the	1785
Revised Code.	1786

If no valid declaration of candidacy and petition is filed by	1787
any person for nomination as a candidate of a particular political	1788
party for election to the office of clerk of the Akron municipal	1789
court, a primary election shall not be held for the purpose of	1790
nominating a candidate of that party for election to that office.	1791
If only one person files a valid declaration of candidacy and	1792
petition for nomination as a candidate of a particular political	1793
party for election to that office, a primary election shall not be	1794
held for the purpose of nominating a candidate of that party for	1795
election to that office, and the candidate shall be issued a	1796
certificate of nomination in the manner set forth in section	1797
3513.02 of the Revised Code.	1798

Declarations of candidacy and petitions, nominating	1799
petitions, and certificates of nomination for the office of clerk	1800
of the Akron municipal court shall contain a designation of the	1801
term for which the candidate seeks election. At the following	1802
regular municipal election, all candidates for the office shall be	1803
submitted to the qualified electors of the territory of the court	1804
in the manner that is provided in section 1901.07 of the Revised	1805
Code for the election of the judges of the court. The clerk so	1806
elected shall hold office for a term of six years, which term	1807
shall commence on the first day of January following the clerk's	1808
election and continue until the clerk's successor is elected and	1809
qualified.	1810

(e) Except as otherwise provided in division (A)(1)(e) of	1811
this section, in the Barberton municipal court, candidates for	1812
election to the office of clerk of the court shall be nominated by	1813
primary election. The primary election shall be held on the day	1814
specified in the charter of the city of Barberton for the	1815
nomination of municipal officers. Notwithstanding any contrary	1816
provision of section 3513.05 or 3513.257 of the Revised Code, the	1817
declarations of candidacy and petitions of partisan candidates and	1818
the nominating petitions of independent candidates for the office	1819
of clerk of the Barberton municipal court shall be signed by at	1820
least fifty qualified electors of the territory of the court.	1821

The candidates shall file a declaration of candidacy and	1822
petition, or a nominating petition, whichever is applicable, not	1823
later than four p.m. of the seventy-fifth day before the day of	1824
the primary election, in the form prescribed by section 3513.07 or	1825
3513.261 of the Revised Code. The declaration of candidacy and	1826
petition, or the nominating petition, shall conform to the	1827
applicable requirements of section 3513.05 or 3513.257 of the	1828
Revised Code.	1829

If no valid declaration of candidacy and petition is filed by	1830
any person for nomination as a candidate of a particular political	1831
party for election to the office of clerk of the Barberton	1832
municipal court, a primary election shall not be held for the	1833
purpose of nominating a candidate of that party for election to	1834
that office. If only one person files a valid declaration of	1835
candidacy and petition for nomination as a candidate of a	1836
particular political party for election to that office, a primary	1837
election shall not be held for the purpose of nominating a	1838
candidate of that party for election to that office, and the	1839
candidate shall be issued a certificate of nomination in the	1840
manner set forth in section 3513.02 of the Revised Code.	1841

Declarations of candidacy and petitions, nominating	1842
petitions, and certificates of nomination for the office of clerk	1843
of the Barberton municipal court shall contain a designation of	1844
the term for which the candidate seeks election. At the following	1845
regular municipal election, all candidates for the office shall be	1846
submitted to the qualified electors of the territory of the court	1847
in the manner that is provided in section 1901.07 of the Revised	1848
Code for the election of the judges of the court. The clerk so	1849
elected shall hold office for a term of six years, which term	1850
shall commence on the first day of January following the clerk's	1851
election and continue until the clerk's successor is elected and	1852
qualified.	1853

(f)(i) Through December 31, 2008, except as otherwise	1854
provided in division (A)(1)(f)(i) of this section, in the Cuyahoga	1855
Falls municipal court, candidates for election to the office of	1856
clerk of the court shall be nominated by primary election. The	1857
primary election shall be held on the day specified in the charter	1858
of the city of Cuyahoga Falls for the nomination of municipal	1859
officers. Notwithstanding any contrary provision of section	1860
3513.05 or 3513.257 of the Revised Code, the declarations of	1861
candidacy and petitions of partisan candidates and the nominating	1862
petitions of independent candidates for the office of clerk of the	1863
Cuyahoga Falls municipal court shall be signed by at least fifty	1864
qualified electors of the territory of the court.	1865

The candidates shall file a declaration of candidacy and	1866
petition, or a nominating petition, whichever is applicable, not	1867
later than four p.m. of the seventy-fifth day before the day of	1868
the primary election, in the form prescribed by section 3513.07 or	1869
3513.261 of the Revised Code. The declaration of candidacy and	1870
petition, or the nominating petition, shall conform to the	1871
applicable requirements of section 3513.05 or 3513.257 of the	1872
Revised Code.	1873

If no valid declaration of candidacy and petition is filed by	1874
any person for nomination as a candidate of a particular political	1875
party for election to the office of clerk of the Cuyahoga Falls	1876
municipal court, a primary election shall not be held for the	1877
purpose of nominating a candidate of that party for election to	1878
that office. If only one person files a valid declaration of	1879
candidacy and petition for nomination as a candidate of a	1880
particular political party for election to that office, a primary	1881
election shall not be held for the purpose of nominating a	1882
candidate of that party for election to that office, and the	1883
candidate shall be issued a certificate of nomination in the	1884
manner set forth in section 3513.02 of the Revised Code.	1885

Declarations of candidacy and petitions, nominating	1886
petitions, and certificates of nomination for the office of clerk	1887
of the Cuyahoga Falls municipal court shall contain a designation	1888
of the term for which the candidate seeks election. At the	1889
following regular municipal election, all candidates for the	1890
office shall be submitted to the qualified electors of the	1891
territory of the court in the manner that is provided in section	1892
1901.07 of the Revised Code for the election of the judges of the	1893
court. The clerk so elected shall hold office for a term of six	1894
years, which term shall commence on the first day of January	1895
following the clerk's election and continue until the clerk's	1896
successor is elected and qualified.	1897

(ii) Division (A)(1)(f)(i) of this section shall have no	1898
effect after December 31, 2008.	1899

(g) Except as otherwise provided in division (A)(1)(g) of	1900
this section, in the Toledo municipal court, candidates for	1901
election to the office of clerk of the court shall be nominated by	1902
primary election. The primary election shall be held on the day	1903
specified in the charter of the city of Toledo for the nomination	1904
of municipal officers. Notwithstanding any contrary provision of	1905
section 3513.05 or 3513.257 of the Revised Code, the declarations	1906
of candidacy and petitions of partisan candidates and the	1907
nominating petitions of independent candidates for the office of	1908
clerk of the Toledo municipal court shall be signed by at least	1909
fifty qualified electors of the territory of the court.	1910

The candidates shall file a declaration of candidacy and	1911
petition, or a nominating petition, whichever is applicable, not	1912
later than four p.m. of the seventy-fifth day before the day of	1913
the primary election, in the form prescribed by section 3513.07 or	1914
3513.261 of the Revised Code. The declaration of candidacy and	1915
petition, or the nominating petition, shall conform to the	1916
applicable requirements of section 3513.05 or 3513.257 of the	1917
Revised Code.	1918

If no valid declaration of candidacy and petition is filed by	1919
any person for nomination as a candidate of a particular political	1920
party for election to the office of clerk of the Toledo municipal	1921
court, a primary election shall not be held for the purpose of	1922
nominating a candidate of that party for election to that office.	1923
If only one person files a valid declaration of candidacy and	1924
petition for nomination as a candidate of a particular political	1925
party for election to that office, a primary election shall not be	1926
held for the purpose of nominating a candidate of that party for	1927
election to that office, and the candidate shall be issued a	1928
certificate of nomination in the manner set forth in section	1929
3513.02 of the Revised Code.	1930

Declarations of candidacy and petitions, nominating	1931
petitions, and certificates of nomination for the office of clerk	1932
of the Toledo municipal court shall contain a designation of the	1933
term for which the candidate seeks election. At the following	1934
regular municipal election, all candidates for the office shall be	1935
submitted to the qualified electors of the territory of the court	1936
in the manner that is provided in section 1901.07 of the Revised	1937
Code for the election of the judges of the court. The clerk so	1938
elected shall hold office for a term of six years, which term	1939
shall commence on the first day of January following the clerk's	1940
election and continue until the clerk's successor is elected and	1941
qualified.	1942

(2)(a) Except for the Alliance, Auglaize county, Brown	1943
county, Columbiana county, Holmes county, Lorain, Massillon, and	1944
Youngstown municipal courts, in a municipal court for which the	1945
population of the territory is less than one hundred thousand, the	1946
clerk shall be appointed by the court, and the clerk shall hold	1947
office until the clerk's successor is appointed and qualified.	1948

(b) In the Alliance, Lorain, Massillon, and Youngstown	1949
municipal courts, the clerk shall be elected for a term of office	1950
as described in division (A)(1)(a) of this section.	1951

(c) In the Auglaize county, Brown county, and Holmes county	1952
municipal courts, the clerks of courts of Auglaize county, Brown	1953
county, and Holmes county shall be the clerks, respectively, of	1954
the Auglaize county, Brown county, and Holmes county municipal	1955
courts and may appoint a chief deputy clerk for each branch office	1956
that is established pursuant to section 1901.311 of the Revised	1957
Code, and assistant clerks as the judge of the court determines	1958
are necessary, all of whom shall receive the compensation that the	1959
legislative authority prescribes. The clerks of courts of Auglaize	1960
county, Brown county, and Holmes county, acting as the clerks of	1961
the Auglaize county, Brown county, and Holmes county municipal	1962
courts and assuming the duties of these offices, shall receive	1963
compensation payable from the county treasury in semimonthly	1964
installments at one-fourth the rate that is prescribed for the	1965
clerks of courts of common pleas as determined in accordance with	1966
the population of the county and the rates set forth in sections	1967
325.08 and 325.18 of the Revised Code.	1968

(d) In the Columbiana county municipal court, the clerk of	1969
courts of Columbiana county shall be the clerk of the municipal	1970
court, may appoint a chief deputy clerk for each branch office	1971
that is established pursuant to section 1901.311 of the Revised	1972
Code, and may appoint any assistant clerks that the judges of the	1973
court determine are necessary. All of the chief deputy clerks and	1974
assistant clerks shall receive the compensation that the	1975
legislative authority prescribes. The clerk of courts of	1976
Columbiana county, acting as the clerk of the Columbiana county	1977
municipal court and assuming the duties of that office, shall	1978
receive in either biweekly installments or semimonthly	1979
installments, as determined by the payroll administrator,	1980
compensation payable from the county treasury at one-fourth the	1981
rate that is prescribed for the clerks of courts of common pleas	1982
as determined in accordance with the population of the county and	1983
the rates set forth in sections 325.08 and 325.18 of the Revised	1984
Code.	1985

(3) During the temporary absence of the clerk due to illness,	1986
vacation, or other proper cause, the court may appoint a temporary	1987
clerk, who shall be paid the same compensation, have the same	1988
authority, and perform the same duties as the clerk.	1989

(B) Except in the Hamilton county, Portage county, and Wayne	1990
county municipal courts, if a vacancy occurs in the office of the	1991
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal	1992
court or occurs in the office of the clerk of a municipal court	1993
for which the population of the territory equals or exceeds one	1994
hundred thousand because the clerk ceases to hold the office	1995
before the end of the clerk's term or because a clerk-elect fails	1996
to take office, the vacancy shall be filled, until a successor is	1997
elected and qualified, by a person chosen by the residents of the	1998
territory of the court who are members of the county central	1999
committee of the political party by which the last occupant of	2000
that office or the clerk-elect was nominated. Not less than five	2001
nor more than fifteen days after a vacancy occurs, those members	2002
of that county central committee shall meet to make an appointment	2003
to fill the vacancy. At least four days before the date of the	2004
meeting, the chairperson or a secretary of the county central	2005
committee shall notify each such member of that county central	2006
committee by first class mail of the date, time, and place of the	2007
meeting and its purpose. A majority of all such members of that	2008
county central committee constitutes a quorum, and a majority of	2009
the quorum is required to make the appointment. If the office so	2010
vacated was occupied or was to be occupied by a person not	2011
nominated at a primary election, or if the appointment was not	2012
made by the committee members in accordance with this division,	2013
the court shall make an appointment to fill the vacancy. A	2014
successor shall be elected to fill the office for the unexpired	2015
term at the first municipal election that is held more than one	2016
hundred twenty days after the vacancy occurred.	2017

(C)(1) In a municipal court, other than the Auglaize county,	2018
the Brown county, the Columbiana county, the Holmes county, and	2019
the Lorain municipal courts, for which the population of the	2020
territory is less than one hundred thousand, the clerk of the	2021
municipal court shall receive the annual compensation that the	2022
presiding judge of the court prescribes, if the revenue of the	2023
court for the preceding calendar year, as certified by the auditor	2024
or chief fiscal officer of the municipal corporation in which the	2025
court is located or, in the case of a county-operated municipal	2026
court, the county auditor, is equal to or greater than the	2027
expenditures, including any debt charges, for the operation of the	2028
court payable under this chapter from the city treasury or, in the	2029
case of a county-operated municipal court, the county treasury for	2030
that calendar year, as also certified by the auditor or chief	2031
fiscal officer. If the revenue of a municipal court, other than	2032
the Auglaize county, the Brown county, the Columbiana county, and	2033
the Lorain municipal courts, for which the population of the	2034
territory is less than one hundred thousand for the preceding	2035
calendar year as so certified is not equal to or greater than	2036
those expenditures for the operation of the court for that	2037
calendar year as so certified, the clerk of a municipal court	2038
shall receive the annual compensation that the legislative	2039
authority prescribes. As used in this division, "revenue" means	2040
the total of all costs and fees that are collected and paid to the	2041
city treasury or, in a county-operated municipal court, the county	2042
treasury by the clerk of the municipal court under division (F) of	2043
this section and all interest received and paid to the city	2044
treasury or, in a county-operated municipal court, the county	2045
treasury in relation to the costs and fees under division (G) of	2046
this section.	2047

(2) In a municipal court, other than the Hamilton county,	2048
Portage county, and Wayne county municipal courts, for which the	2049
population of the territory is one hundred thousand or more, and	2050
in the Lorain municipal court, the clerk of the municipal court	2051
shall receive annual compensation in a sum equal to eighty-five	2052
per cent of the salary of a judge of the court.	2053

(3) The compensation of a clerk described in division (C)(1)	2054
or (2) of this section is payable in semimonthly installments from	2055
the same sources and in the same manner as provided in section	2056
1901.11 of the Revised Code, except that the compensation of the	2057
clerk of the Carroll county municipal court is payable in biweekly	2058
installments.	2059

(D) Before entering upon the duties of the clerk's office,	2060
the clerk of a municipal court shall give bond of not less than	2061
six thousand dollars to be determined by the judges of the court,	2062
conditioned upon the faithful performance of the clerk's duties.	2063

(E) The clerk of a municipal court may do all of the	2064
following: administer oaths, take affidavits, and issue executions	2065
upon any judgment rendered in the court, including a judgment for	2066
unpaid costs; issue, sign, and attach the seal of the court to all	2067
writs, process, subpoenas, and papers issuing out of the court;	2068
and approve all bonds, sureties, recognizances, and undertakings	2069
fixed by any judge of the court or by law. The clerk may refuse to	2070
accept for filing any pleading or paper submitted for filing by a	2071
person who has been found to be a vexatious litigator under	2072
section 2323.52 of the Revised Code and who has failed to obtain	2073
leave to proceed under that section. The clerk shall do all of the	2074
following: file and safely keep all journals, records, books, and	2075
papers belonging or appertaining to the court; record the	2076
proceedings of the court; perform all other duties that the judges	2077
of the court may prescribe; and keep a book showing all receipts	2078
and disbursements, which book shall be open for public inspection	2079
at all times.	2080

The clerk shall prepare and maintain a general index, a	2081
docket, and other records that the court, by rule, requires, all	2082
of which shall be the public records of the court. In the docket,	2083
the clerk shall enter, at the time of the commencement of an	2084
action, the names of the parties in full, the names of the	2085
counsel, and the nature of the proceedings. Under proper dates,	2086
the clerk shall note the filing of the complaint, issuing of	2087
summons or other process, returns, and any subsequent pleadings.	2088
The clerk also shall enter all reports, verdicts, orders,	2089
judgments, and proceedings of the court, clearly specifying the	2090
relief granted or orders made in each action. The court may order	2091
an extended record of any of the above to be made and entered,	2092
under the proper action heading, upon the docket at the request of	2093
any party to the case, the expense of which record may be taxed as	2094
costs in the case or may be required to be prepaid by the party	2095
demanding the record, upon order of the court.	2096

(F) The clerk of a municipal court shall receive, collect,	2097
and issue receipts for all costs, fees, fines, bail, and other	2098
moneys payable to the office or to any officer of the court. The	2099
clerk shall each month disburse to the proper persons or officers,	2100
and take receipts for, all costs, fees, fines, bail, and other	2101
moneys that the clerk collects. Subject to sections ~~3375.50~~	2102
307.515 and 4511.193 of the Revised Code and to any other section	2103
of the Revised Code that requires a specific manner of	2104
disbursement of any moneys received by a municipal court and	2105
except for the Hamilton county, Lawrence county, and Ottawa county	2106
municipal courts, the clerk shall pay all fines received for	2107
violation of municipal ordinances into the treasury of the	2108
municipal corporation the ordinance of which was violated and	2109
shall pay all fines received for violation of township resolutions	2110
adopted pursuant to section 503.52 or 503.53 or Chapter 504. of	2111
the Revised Code into the treasury of the township the resolution	2112
of which was violated. Subject to sections 1901.024 and 4511.193	2113
of the Revised Code, in the Hamilton county, Lawrence county, and	2114
Ottawa county municipal courts, the clerk shall pay fifty per cent	2115
of the fines received for violation of municipal ordinances and	2116
fifty per cent of the fines received for violation of township	2117
resolutions adopted pursuant to section 503.52 or 503.53 or	2118
Chapter 504. of the Revised Code into the treasury of the county.	2119
Subject to sections ~~3375.50, 3375.53~~307.515, 4511.19, and 5503.04	2120
of the Revised Code and to any other section of the Revised Code	2121
that requires a specific manner of disbursement of any moneys	2122
received by a municipal court, the clerk shall pay all fines	2123
collected for the violation of state laws into the county	2124
treasury. Except in a county-operated municipal court, the clerk	2125
shall pay all costs and fees the disbursement of which is not	2126
otherwise provided for in the Revised Code into the city treasury.	2127
The clerk of a county-operated municipal court shall pay the costs	2128
and fees the disbursement of which is not otherwise provided for	2129
in the Revised Code into the county treasury. Moneys deposited as	2130
security for costs shall be retained pending the litigation. The	2131
clerk shall keep a separate account of all receipts and	2132
disbursements in civil and criminal cases, which shall be a	2133
permanent public record of the office. On the expiration of the	2134
term of the clerk, the clerk shall deliver the records to the	2135
clerk's successor. The clerk shall have other powers and duties as	2136
are prescribed by rule or order of the court.	2137

(G) All moneys paid into a municipal court shall be noted on	2138
the record of the case in which they are paid and shall be	2139
deposited in a state or national bank, or a domestic savings and	2140
loan association, as defined in section 1151.01 of the Revised	2141
Code, that is selected by the clerk. Any interest received upon	2142
the deposits shall be paid into the city treasury, except that, in	2143
a county-operated municipal court, the interest shall be paid into	2144
the treasury of the county in which the court is located.	2145

On the first Monday in January of each year, the clerk shall	2146
make a list of the titles of all cases in the court that were	2147
finally determined more than one year past in which there remains	2148
unclaimed in the possession of the clerk any funds, or any part of	2149
a deposit for security of costs not consumed by the costs in the	2150
case. The clerk shall give notice of the moneys to the parties who	2151
are entitled to the moneys or to their attorneys of record. All	2152
the moneys remaining unclaimed on the first day of April of each	2153
year shall be paid by the clerk to the city treasurer, except	2154
that, in a county-operated municipal court, the moneys shall be	2155
paid to the treasurer of the county in which the court is located.	2156
The treasurer shall pay any part of the moneys at any time to the	2157
person who has the right to the moneys upon proper certification	2158
of the clerk.	2159

(H) Deputy clerks of a municipal court other than the Carroll	2160
county municipal court may be appointed by the clerk and shall	2161
receive the compensation, payable in either biweekly installments	2162
or semimonthly installments, as determined by the payroll	2163
administrator, out of the city treasury, that the clerk may	2164
prescribe, except that the compensation of any deputy clerk of a	2165
county-operated municipal court shall be paid out of the treasury	2166
of the county in which the court is located. The judge of the	2167
Carroll county municipal court may appoint deputy clerks for the	2168
court, and the deputy clerks shall receive the compensation,	2169
payable in biweekly installments out of the county treasury, that	2170
the judge may prescribe. Each deputy clerk shall take an oath of	2171
office before entering upon the duties of the deputy clerk's	2172
office and, when so qualified, may perform the duties appertaining	2173
to the office of the clerk. The clerk may require any of the	2174
deputy clerks to give bond of not less than three thousand	2175
dollars, conditioned for the faithful performance of the deputy	2176
clerk's duties.	2177

(I) For the purposes of this section, whenever the population	2178
of the territory of a municipal court falls below one hundred	2179
thousand but not below ninety thousand, and the population of the	2180
territory prior to the most recent regular federal census exceeded	2181
one hundred thousand, the legislative authority of the municipal	2182
corporation may declare, by resolution, that the territory shall	2183
be considered to have a population of at least one hundred	2184
thousand.	2185

(J) The clerk or a deputy clerk shall be in attendance at all	2186
sessions of the municipal court, although not necessarily in the	2187
courtroom, and may administer oaths to witnesses and jurors and	2188
receive verdicts.	2189

Sec. 1907.20. (A) The clerk of courts shall be the clerk of	2190
the county court, except that the board of county commissioners,	2191
with the concurrence of the county court judges, may appoint a	2192
clerk for each county court judge, who shall serve at the pleasure	2193
of the board and shall receive compensation as set by the board,	2194
payable in semimonthly installments from the treasury of the	2195
county. An appointed clerk, before entering upon the duties of the	2196
office, shall give bond of not less than five thousand dollars, as	2197
determined by the board of county commissioners, conditioned upon	2198
the faithful performance of the clerk's duties.	2199

The clerks of courts of common pleas, when acting as the	2200
clerks of county courts, and upon assuming their county court	2201
duties, shall receive compensation at one-fourth the rate	2202
prescribed for the clerks of courts of common pleas as determined	2203
in accordance with the population of the county and the rates set	2204
forth in sections 325.08 and 325.18 of the Revised Code. This	2205
compensation shall be paid from the county treasury in semimonthly	2206
installments and is in addition to the annual compensation	2207
received for the performance of the duties of the clerk of a court	2208
of common pleas as provided in sections 325.08 and 325.18 of the	2209
Revised Code.	2210

(B) The clerk of a county court shall have general powers to	2211
administer oaths, take affidavits, and issue executions upon any	2212
judgment rendered in the county court, including a judgment for	2213
unpaid costs, power to issue and sign all writs, process,	2214
subpoenas, and papers issuing out of the court, and to attach the	2215
seal of the court to them, and power to approve all bonds,	2216
sureties, recognizances, and undertakings fixed by any judge of	2217
the court or by law. The clerk shall file and safely keep all	2218
journals, records, books, and papers belonging or appertaining to	2219
the court, record its proceedings, perform all other duties that	2220
the judges of the court may prescribe, and keep a book showing all	2221
receipts and disbursements, which shall be open for public	2222
inspection at all times. The clerk may refuse to accept for filing	2223
any pleading or paper submitted for filing by a person who has	2224
been found to be a vexatious litigator under section 2323.52 of	2225
the Revised Code and who has failed to obtain leave to proceed	2226
under that section.	2227

The clerk shall prepare and maintain a general index, a	2228
docket as prescribed by the court, which shall be furnished by the	2229
board of county commissioners, and such other records as the	2230
court, by rule, requires, all of which shall be the public records	2231
of the court. In the docket, the clerk shall enter at times of the	2232
commencement of an action, the names of the parties in full, the	2233
names of the counsel, and the nature of the proceedings. Under	2234
proper dates, the clerk shall note the filing of the complaint,	2235
issuing of summons or other process, returns, and pleadings	2236
subsequent thereto. The clerk also shall enter all reports,	2237
verdicts, orders, judgments, and proceedings of the court, clearly	2238
specifying the relief granted or orders made in each action. The	2239
court may order an extended record of any of the above to be made	2240
and entered, under the proper action heading, upon the docket at	2241
the request of any party to the case, the expense of which may be	2242
taxed as costs in the case or may be required to be prepaid by the	2243
party demanding the extended record, upon order of the court.	2244

(C) The clerk of a county court shall receive and collect all	2245
costs, fees, fines, penalties, bail, and other moneys payable to	2246
the office or to any officer of the court and issue receipts	2247
therefor, and shall each month disburse the costs, fees, fines,	2248
penalties, bail, and other moneys to the proper persons or	2249
officers and take receipts therefor. Subject to sections ~~3375.51,~~	2250
~~3375.53~~307.515, 4511.19, 4511.193, and 5503.04 of the Revised	2251
Code and all other statutes that require a different distribution	2252
of fines, fines received for violations of municipal ordinances	2253
shall be paid into the treasury of the municipal corporation whose	2254
ordinance was violated, fines received for violations of township	2255
resolutions adopted pursuant to section 503.52 or 503.53 or	2256
Chapter 504. of the Revised Code shall be paid into the treasury	2257
of the township whose resolution was violated, and fines collected	2258
for the violation of state laws shall be paid into the county	2259
treasury. Moneys deposited as security for costs shall be retained	2260
pending the litigation.	2261

The clerk shall keep a separate account of all receipts and	2262
disbursements in civil and criminal cases. The separate account	2263
shall be a permanent public record of the office. On the	2264
expiration of a clerk's term, those records shall be delivered to	2265
the clerk's successor.	2266

The clerk shall have such other powers and duties as are	2267
prescribed by rule or order of the court.	2268

(D) All moneys paid into a county court shall be noted on the	2269
record of the case in which they are paid and shall be deposited	2270
in a state or national bank selected by the clerk. On the first	2271
Monday in January of each year, the clerk shall make a list of the	2272
titles of all cases in the county court that were finally	2273
determined more than one year past in which there remains	2274
unclaimed in the possession of the clerk any funds, or any part of	2275
a deposit for security of costs not consumed by the costs in the	2276
case. The clerk shall give notice of the moneys to the parties	2277
entitled to them or to their attorneys of record. All the moneys	2278
remaining unclaimed on the first day of April of each year shall	2279
be paid by the clerk to the county treasurer. Any part of the	2280
moneys shall be paid by the county treasurer at any time to the	2281
person having the right to them, upon proper certification of the	2282
clerk.	2283

(E)(1) In county court districts having appointed clerks,	2284
deputy clerks may be appointed by the board of county	2285
commissioners. Clerks and deputy clerks shall receive such	2286
compensation payable in semimonthly installments out of the county	2287
treasury as the board may prescribe. Each deputy clerk shall take	2288
an oath of office before entering upon the duties of the deputy	2289
clerk's office and, when so qualified, may perform the duties	2290
appertaining to the office of the clerk. The clerk may require any	2291
of the deputy clerks to give bond of not less than three thousand	2292
dollars, conditioned for the faithful performance of the deputy	2293
clerk's duties.	2294

(2) A clerk of courts acting as clerk of the county court may	2295
appoint deputy clerks to perform the duties pertaining to the	2296
office of clerk of the county court. Each deputy clerk shall take	2297
an oath of office before entering upon the deputy clerk's duties,	2298
and the clerk of courts may require the deputy clerk to give bond	2299
of not less than three thousand dollars, conditioned for the	2300
faithful performance of the deputy clerk's duties.	2301

(3) The clerk or a deputy clerk of a county court shall be in	2302
attendance at all sessions of the court, although not necessarily	2303
in the courtroom, and may administer oaths to witnesses and jurors	2304
and receive verdicts.	2305

(F)(1) In county court districts having appointed clerks, the	2306
board of county commissioners may order the establishment of one	2307
or more branch offices of the clerk and, with the concurrence of	2308
the county judges, may appoint a special deputy clerk to	2309
administer each branch office. Each special deputy clerk shall	2310
take an oath of office before entering upon the duties of the	2311
deputy clerk's office and, when so qualified, may perform any one	2312
or more of the duties appertaining to the office of clerk, as the	2313
board prescribes. Special deputy clerks shall receive such	2314
compensation payable in semimonthly installments out of the county	2315
treasury as the board may prescribe. The board may require any of	2316
the special deputy clerks to give bond of not less than three	2317
thousand dollars, conditioned for the faithful performance of the	2318
deputy clerk's duties.	2319

The board of county commissioners may authorize the clerk of	2320
the county court to operate one or more branch offices, to divide	2321
the clerk's time between the offices, and to perform duties	2322
appertaining to the office of clerk in locations that the board	2323
prescribes.	2324

(2) A clerk of courts acting as clerk of the county court may	2325
establish one or more branch offices for the clerk's duties as	2326
clerk of the county court and, with the concurrence of the county	2327
court judges, may appoint a special deputy clerk to administer	2328
each branch office. Each special deputy clerk shall take an oath	2329
of office before entering upon the deputy clerk's duties and, when	2330
so qualified, may perform any of the duties pertaining to the	2331
office of clerk, as the clerk of courts prescribes. The clerk of	2332
courts may require any of the special deputy clerks to give bond	2333
of not less than three thousand dollars, conditioned for the	2334
faithful performance of the deputy clerk's duties.	2335

(G) The clerk of courts of the county shall fix the	2336
compensation of deputy clerks and special deputy clerks appointed	2337
by the clerk pursuant to this section. Those personnel shall be	2338
paid and be subject to the same requirements as other employees of	2339
the clerk under the provisions of section 325.17 of the Revised	2340
Code insofar as that section is applicable.	2341

Sec. 2949.111. (A) As used in this section:

2342

(1) "Court costs" means any assessment that the court	2343
requires an offender to pay to defray the costs of operating the	2344
court.	2345

(2) "State fines or costs" means any costs imposed or	2346
forfeited bail collected by the court under section 2743.70 of the	2347
Revised Code for deposit into the reparations fund or under	2348
section 2949.091 of the Revised Code for deposit into the general	2349
revenue fund and all fines, penalties, and forfeited bail	2350
collected by the court and paid to a law library association under	2351
~~sections 3375.50 to 3375.53~~section 307.515 of the Revised Code.	2352

(3) "Reimbursement" means any reimbursement for the costs of	2353
confinement that the court orders an offender to pay pursuant to	2354
section 2929.28 of the Revised Code, any supervision fee, any fee	2355
for the costs of house arrest with electronic monitoring that an	2356
offender agrees to pay, any reimbursement for the costs of an	2357
investigation or prosecution that the court orders an offender to	2358
pay pursuant to section 2929.71 of the Revised Code, or any other	2359
costs that the court orders an offender to pay.	2360

(4) "Supervision fees" means any fees that a court, pursuant	2361
to sections 2929.18, 2929.28, and 2951.021 of the Revised Code,	2362
requires an offender who is under a community control sanction to	2363
pay for supervision services.	2364

(5) "Community control sanction" has the same meaning as in	2365
section 2929.01 of the Revised Code.	2366

(B) Unless the court, in accordance with division (C) of this	2367
section, enters in the record of the case a different method of	2368
assigning payments, if a person who is charged with a misdemeanor	2369
is convicted of or pleads guilty to the offense, if the court	2370
orders the offender to pay any combination of court costs, state	2371
fines or costs, restitution, a conventional fine, or any	2372
reimbursement, and if the offender makes any payment of any of	2373
them to a clerk of court, the clerk shall assign the offender's	2374
payment in the following manner:	2375

(1) If the court ordered the offender to pay any court costs,	2376
the offender's payment shall be assigned toward the satisfaction	2377
of those court costs until they have been entirely paid.	2378

(2) If the court ordered the offender to pay any state fines	2379
or costs and if all of the court costs that the court ordered the	2380
offender to pay have been paid, the remainder of the offender's	2381
payment shall be assigned on a pro rata basis toward the	2382
satisfaction of the state fines or costs until they have been	2383
entirely paid.	2384

(3) If the court ordered the offender to pay any restitution	2385
and if all of the court costs and state fines or costs that the	2386
court ordered the offender to pay have been paid, the remainder of	2387
the offender's payment shall be assigned toward the satisfaction	2388
of the restitution until it has been entirely paid.	2389

(4) If the court ordered the offender to pay any fine and if	2390
all of the court costs, state fines or costs, and restitution that	2391
the court ordered the offender to pay have been paid, the	2392
remainder of the offender's payment shall be assigned toward the	2393
satisfaction of the fine until it has been entirely paid.	2394

(5) If the court ordered the offender to pay any	2395
reimbursement and if all of the court costs, state fines or costs,	2396
restitution, and fines that the court ordered the offender to pay	2397
have been paid, the remainder of the offender's payment shall be	2398
assigned toward the satisfaction of the reimbursements until they	2399
have been entirely paid.	2400

(C) If a person who is charged with a misdemeanor is	2401
convicted of or pleads guilty to the offense and if the court	2402
orders the offender to pay any combination of court costs, state	2403
fines or costs, restitution, fines, or reimbursements, the court,	2404
at the time it orders the offender to make those payments, may	2405
prescribe an order of payments that differs from the order set	2406
forth in division (B) of this section by entering in the record of	2407
the case the order so prescribed. If a different order is entered	2408
in the record, on receipt of any payment, the clerk of the court	2409
shall assign the payment in the manner prescribed by the court.	2410

Sec. 3301.0715. (A) Except as provided in division (E) of	2411
this section, the board of education of each city, local, and	2412
exempted village school district shall administer each applicable	2413
diagnostic assessment developed and provided to the district in	2414
accordance with section 3301.079 of the Revised Code to the	2415
following:	2416

(1) Each student enrolled in a building ~~subject to division~~	2417
~~(E) of section 3302.04 of the Revised Code~~that has failed to make	2418
adequate yearly progress for two or more consecutive school years;	2419

(2) Any student who transfers into the district or to a	2420
different school within the district if each applicable diagnostic	2421
assessment was not administered by the district or school the	2422
student previously attended in the current school year, within	2423
thirty days after the date of transfer. If the district or school	2424
into which the student transfers cannot determine whether the	2425
student has taken any applicable diagnostic assessment in the	2426
current school year, the district or school may administer the	2427
diagnostic assessment to the student.	2428

(3) Each kindergarten student, not earlier than four weeks	2429
prior to the first day of school and not later than the first day	2430
of October. For the purpose of division (A)(3) of this section,	2431
the district shall administer the kindergarten readiness	2432
assessment provided by the department of education. In no case	2433
shall the results of the readiness assessment be used to prohibit	2434
a student from enrolling in kindergarten.	2435

(4) Each student enrolled in first or second grade.

2436

(B) Each district board shall administer each diagnostic	2437
assessment as the board deems appropriate. However, the board	2438
shall administer any diagnostic assessment at least once annually	2439
to all students in the appropriate grade level. A district board	2440
may administer any diagnostic assessment in the fall and spring of	2441
a school year to measure the amount of academic growth	2442
attributable to the instruction received by students during that	2443
school year.	2444

(C) Each district board shall utilize and score any	2445
diagnostic assessment administered under division (A) of this	2446
section in accordance with rules established by the department.	2447
Except as required by division (B)(1)(o) of section 3301.0714 of	2448
the Revised Code, neither the state board of education nor the	2449
department shall require school districts to report the results of	2450
diagnostic assessments for any students to the department or to	2451
make any such results available in any form to the public. After	2452
the administration of any diagnostic assessment, each district	2453
shall provide a student's completed diagnostic assessment, the	2454
results of such assessment, and any other accompanying documents	2455
used during the administration of the assessment to the parent of	2456
that student upon the parent's request.	2457

(D) Each district board shall provide intervention services	2458
to students whose diagnostic assessments show that they are	2459
failing to make satisfactory progress toward attaining the	2460
academic standards for their grade level.	2461

(E) Any district that made adequate yearly progress~~, as~~	2462
~~defined in section 3302.01 of the Revised Code,~~ in the immediately	2463
preceding school year may assess student progress in grades one	2464
through three using a diagnostic assessment other than the	2465
diagnostic assessment required by division (A) of this section.	2466

(F) A district board may administer the third grade writing	2467
diagnostic assessment provided to the district in accordance with	2468
section 3301.079 of the Revised Code to any student enrolled in a	2469
building that is not subject to division (A)(1) of this section.	2470
Any district electing to administer the diagnostic assessment to	2471
students under this division shall provide intervention services	2472
to any such student whose diagnostic assessment shows	2473
unsatisfactory progress toward attaining the academic standards	2474
for the student's grade level.	2475

(G) As used in this section, "adequate yearly progress" has	2476
the same meaning as in section 3302.01 of the Revised Code.	2477

Sec. 3302.04. (A) The department of education shall	2478
establish a system of intensive, ongoing support for the	2479
improvement of school districts and school buildings. ~~The~~In	2480
accordance with the model of differentiated accountability	2481
described in section 3302.041 of the Revised Code, the system	2482
shall give priority to districts and buildings that have been	2483
declared to be under an academic watch or in a state of academic	2484
emergency under section 3302.03 of the Revised Code and shall	2485
include services provided to districts and buildings through	2486
regional service providers, such as educational service centers,	2487
~~regional professional development centers, and special education~~	2488
~~regional resource centers~~.	2489

(B) ~~When~~This division does not apply to any school district	2490
after June 30, 2008.	2491

When a school district has been notified by the department	2492
pursuant to division (A) of section 3302.03 of the Revised Code	2493
that the district or a building within the district has failed to	2494
make adequate yearly progress for two consecutive school years,	2495
the district shall develop a three-year continuous improvement	2496
plan for the district or building containing each of the	2497
following:	2498

(1) An analysis of the reasons for the failure of the	2499
district or building to meet any of the applicable performance	2500
indicators established under section 3302.02 of the Revised Code	2501
that it did not meet and an analysis of the reasons for its	2502
failure to make adequate yearly progress;	2503

(2) Specific strategies that the district or building will	2504
use to address the problems in academic achievement identified in	2505
division (B)(1) of this section;	2506

(3) Identification of the resources that the district will	2507
allocate toward improving the academic achievement of the district	2508
or building;	2509

(4) A description of any progress that the district or	2510
building made in the preceding year toward improving its academic	2511
achievement;	2512

(5) An analysis of how the district is utilizing the	2513
professional development standards adopted by the state board	2514
pursuant to section 3319.61 of the Revised Code;	2515

(6) Strategies that the district or building will use to	2516
improve the cultural competency, as defined pursuant to section	2517
3319.61 of the Revised Code, of teachers and other educators.	2518

No three-year continuous improvement plan shall be developed	2519
or adopted pursuant to this division unless at least one public	2520
hearing is held within the affected school district or building	2521
concerning the final draft of the plan. Notice of the hearing	2522
shall be given two weeks prior to the hearing by publication in	2523
one newspaper of general circulation within the territory of the	2524
affected school district or building. Copies of the plan shall be	2525
made available to the public.	2526

(C) When a school district or building has been notified by	2527
the department pursuant to division (A) of section 3302.03 of the	2528
Revised Code that the district or building is under an academic	2529
watch or in a state of academic emergency, the district or	2530
building shall be subject to any rules establishing intervention	2531
in academic watch or emergency school districts or buildings.	2532

(D)(1) Within one hundred twenty days after any school	2533
district or building is declared to be in a state of academic	2534
emergency under section 3302.03 of the Revised Code, the	2535
department may initiate a site evaluation of the building or	2536
school district.	2537

(2) IfDivision (D)(2) of this section does not apply to any	2538
school district after June 30, 2008.	2539

If any school district that is declared to be in a state of	2540
academic emergency or in a state of academic watch under section	2541
3302.03 of the Revised Code or encompasses a building that is	2542
declared to be in a state of academic emergency or in a state of	2543
academic watch fails to demonstrate to the department satisfactory	2544
improvement of the district or applicable buildings or fails to	2545
submit to the department any information required under rules	2546
established by the state board of education, prior to approving a	2547
three-year continuous improvement plan under rules established by	2548
the state board of education, the department shall conduct a site	2549
evaluation of the school district or applicable buildings to	2550
determine whether the school district is in compliance with	2551
minimum standards established by law or rule.	2552

(3) Site evaluations conducted under divisions (D)(1) and (2)	2553
of this section shall include, but not be limited to, the	2554
following:	2555

(a) Determining whether teachers are assigned to subject	2556
areas for which they are licensed or certified;	2557

(b) Determining pupil-teacher ratios;

2558

(c) Examination of compliance with minimum instruction time	2559
requirements for each school day and for each school year;	2560

(d) Determining whether materials and equipment necessary to	2561
implement the curriculum approved by the school district board are	2562
available;	2563

(e) Examination of whether the teacher and principal	2564
evaluation system reflects the evaluation system guidelines	2565
adopted by the state board of education under section 3319.112 of	2566
the Revised Code;	2567

(f) Examination of the adequacy of efforts to improve the	2568
cultural competency, as defined pursuant to section 3319.61 of the	2569
Revised Code, of teachers and other educators.	2570

(E) This division applies only to school districts that	2571
operate a school building that fails to make adequate yearly	2572
progress for two or more consecutive school years. It does not	2573
apply to any such district after June 30, 2008, except as provided	2574
in division (D)(2) of section 3313.97 of the Revised Code.	2575

(1) For any school building that fails to make adequate	2576
yearly progress for two consecutive school years, the district	2577
shall do all of the following:	2578

(a) Provide written notification of the academic issues that	2579
resulted in the building's failure to make adequate yearly	2580
progress to the parent or guardian of each student enrolled in the	2581
building. The notification shall also describe the actions being	2582
taken by the district or building to improve the academic	2583
performance of the building and any progress achieved toward that	2584
goal in the immediately preceding school year.	2585

(b) If the building receives funds under Title 1, Part A of	2586
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2587
6311 to 6339, from the district, in accordance with section	2588
3313.97 of the Revised Code, offer all students enrolled in the	2589
building the opportunity to enroll in an alternative building	2590
within the district that is not in school improvement status as	2591
defined by the "No Child Left Behind Act of 2001." Notwithstanding	2592
Chapter 3327. of the Revised Code, the district shall spend an	2593
amount equal to twenty per cent of the funds it receives under	2594
Title I, Part A of the "Elementary and Secondary Education Act of	2595
1965," 20 U.S.C. 6311 to 6339, to provide transportation for	2596
students who enroll in alternative buildings under this division,	2597
unless the district can satisfy all demand for transportation with	2598
a lesser amount. If an amount equal to twenty per cent of the	2599
funds the district receives under Title I, Part A of the	2600
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	2601
to 6339, is insufficient to satisfy all demand for transportation,	2602
the district shall grant priority over all other students to the	2603
lowest achieving students among the subgroup described in division	2604
(B)(3) of section 3302.01 of the Revised Code in providing	2605
transportation. Any district that does not receive funds under	2606
Title I, Part A of the "Elementary and Secondary Education Act of	2607
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide	2608
transportation to any student who enrolls in an alternative	2609
building under this division.	2610

(2) For any school building that fails to make adequate	2611
yearly progress for three consecutive school years, the district	2612
shall do both of the following:	2613

(a) If the building receives funds under Title 1, Part A of	2614
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2615
6311 to 6339, from the district, in accordance with section	2616
3313.97 of the Revised Code, provide all students enrolled in the	2617
building the opportunity to enroll in an alternative building	2618
within the district that is not in school improvement status as	2619
defined by the "No Child Left Behind Act of 2001." Notwithstanding	2620
Chapter 3327. of the Revised Code, the district shall provide	2621
transportation for students who enroll in alternative buildings	2622
under this division to the extent required under division (E)(2)	2623
of this section.	2624

(b) If the building receives funds under Title 1, Part A of	2625
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2626
6311 to 6339, from the district, offer supplemental educational	2627
services to students who are enrolled in the building and who are	2628
in the subgroup described in division (B)(3) of section 3302.01 of	2629
the Revised Code.	2630

The district shall spend a combined total of an amount equal	2631
to twenty per cent of the funds it receives under Title I, Part A	2632
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2633
6311 to 6339, to provide transportation for students who enroll in	2634
alternative buildings under division (E)(1)(b) or (E)(2)(a) of	2635
this section and to pay the costs of the supplemental educational	2636
services provided to students under division (E)(2)(b) of this	2637
section, unless the district can satisfy all demand for	2638
transportation and pay the costs of supplemental educational	2639
services for those students who request them with a lesser amount.	2640
In allocating funds between the requirements of divisions	2641
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district	2642
shall spend at least an amount equal to five per cent of the funds	2643
it receives under Title I, Part A of the "Elementary and Secondary	2644
Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide	2645
transportation for students who enroll in alternative buildings	2646
under division (E)(1)(b) or (E)(2)(a) of this section, unless the	2647
district can satisfy all demand for transportation with a lesser	2648
amount, and at least an amount equal to five per cent of the funds	2649
it receives under Title I, Part A of the "Elementary and Secondary	2650
Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs	2651
of the supplemental educational services provided to students	2652
under division (E)(2)(b) of this section, unless the district can	2653
pay the costs of such services for all students requesting them	2654
with a lesser amount. If an amount equal to twenty per cent of the	2655
funds the district receives under Title I, Part A of the	2656
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	2657
to 6339, is insufficient to satisfy all demand for transportation	2658
under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay	2659
the costs of all of the supplemental educational services provided	2660
to students under division (E)(2)(b) of this section, the district	2661
shall grant priority over all other students in providing	2662
transportation and in paying the costs of supplemental educational	2663
services to the lowest achieving students among the subgroup	2664
described in division (B)(3) of section 3302.01 of the Revised	2665
Code.	2666

Any district that does not receive funds under Title I, Part	2667
A of the "Elementary and Secondary Education Act of 1965," 20	2668
U.S.C. 6311 to 6339, shall not be required to provide	2669
transportation to any student who enrolls in an alternative	2670
building under division (E)(2)(a) of this section or to pay the	2671
costs of supplemental educational services provided to any student	2672
under division (E)(2)(b) of this section.	2673

No student who enrolls in an alternative building under	2674
division (E)(2)(a) of this section shall be eligible for	2675
supplemental educational services under division (E)(2)(b) of this	2676
section.	2677

(3) For any school building that fails to make adequate	2678
yearly progress for four consecutive school years, the district	2679
shall continue to comply with division (E)(2) of this section and	2680
shall implement at least one of the following options with respect	2681
to the building:	2682

(a) Institute a new curriculum that is consistent with the	2683
statewide academic standards adopted pursuant to division (A) of	2684
section 3301.079 of the Revised Code;	2685

(b) Decrease the degree of authority the building has to	2686
manage its internal operations;	2687

(c) Appoint an outside expert to make recommendations for	2688
improving the academic performance of the building. The district	2689
may request the department to establish a state intervention team	2690
for this purpose pursuant to division (G) of this section.	2691

(d) Extend the length of the school day or year;

2692

(e) Replace the building principal or other key personnel;

2693

(f) Reorganize the administrative structure of the building.

2694

(4) For any school building that fails to make adequate	2695
yearly progress for five consecutive school years, the district	2696
shall continue to comply with division (E)(2) of this section and	2697
shall develop a plan during the next succeeding school year to	2698
improve the academic performance of the building, which shall	2699
include at least one of the following options:	2700

(a) Reopen the school as a community school under Chapter	2701
3314. of the Revised Code;	2702

(b) Replace personnel;

2703

(c) Contract with a nonprofit or for-profit entity to operate	2704
the building;	2705

(d) Turn operation of the building over to the department;

2706

(e) Other significant restructuring of the building's	2707
governance.	2708

(5) For any school building that fails to make adequate	2709
yearly progress for six consecutive school years, the district	2710
shall continue to comply with division (E)(2) of this section and	2711
shall implement the plan developed pursuant to division (E)(4) of	2712
this section.	2713

(6) A district shall continue to comply with division	2714
(E)(1)(b) or (E)(2) of this section, whichever was most recently	2715
applicable, with respect to any building formerly subject to one	2716
of those divisions until the building makes adequate yearly	2717
progress for two consecutive school years.	2718

(F) This division applies only to school districts that have	2719
been identified for improvement by the department pursuant to the	2720
"No Child Left Behind Act of 2001." It does not apply to any such	2721
district after June 30, 2008.	2722

(1) If a school district has been identified for improvement	2723
for one school year, the district shall provide a written	2724
description of the continuous improvement plan developed by the	2725
district pursuant to division (B) of this section to the parent or	2726
guardian of each student enrolled in the district. If the district	2727
does not have a continuous improvement plan, the district shall	2728
develop such a plan in accordance with division (B) of this	2729
section and provide a written description of the plan to the	2730
parent or guardian of each student enrolled in the district.	2731

(2) If a school district has been identified for improvement	2732
for two consecutive school years, the district shall continue to	2733
implement the continuous improvement plan developed by the	2734
district pursuant to division (B) or (F)(1) of this section.	2735

(3) If a school district has been identified for improvement	2736
for three consecutive school years, the department shall take at	2737
least one of the following corrective actions with respect to the	2738
district:	2739

(a) Withhold a portion of the funds the district is entitled	2740
to receive under Title I, Part A of the "Elementary and Secondary	2741
Education Act of 1965," 20 U.S.C. 6311 to 6339;	2742

(b) Direct the district to replace key district personnel;

2743

(c) Institute a new curriculum that is consistent with the	2744
statewide academic standards adopted pursuant to division (A) of	2745
section 3301.079 of the Revised Code;	2746

(d) Establish alternative forms of governance for individual	2747
school buildings within the district;	2748

(e) Appoint a trustee to manage the district in place of the	2749
district superintendent and board of education.	2750

The department shall conduct individual audits of a sampling	2751
of districts subject to this division to determine compliance with	2752
the corrective actions taken by the department.	2753

(4) If a school district has been identified for improvement	2754
for four consecutive school years, the department shall continue	2755
to monitor implementation of the corrective action taken under	2756
division (F)(3) of this section with respect to the district.	2757

(5) If a school district has been identified for improvement	2758
for five consecutive school years, the department shall take at	2759
least one of the corrective actions identified in division (F)(3)	2760
of this section with respect to the district, provided that the	2761
corrective action the department takes is different from the	2762
corrective action previously taken under division (F)(3) of this	2763
section with respect to the district.	2764

(G) The department may establish a state intervention team to	2765
evaluate all aspects of a school district or building, including	2766
management, curriculum, instructional methods, resource	2767
allocation, and scheduling. Any such intervention team shall be	2768
appointed by the department and shall include teachers and	2769
administrators recognized as outstanding in their fields. The	2770
intervention team shall make recommendations regarding methods for	2771
improving the performance of the district or building.	2772

The department shall not approve a district's request for an	2773
intervention team under division (E)(3) of this section if the	2774
department cannot adequately fund the work of the team, unless the	2775
district agrees to pay for the expenses of the team.	2776

(H) The department shall conduct individual audits of a	2777
sampling of community schools established under Chapter 3314. of	2778
the Revised Code to determine compliance with this section.	2779

(I) The state board shall adopt rules for implementing this	2780
section.	2781

Sec. 3302.041. (A) On and after July 1, 2008, in accordance	2782
with the No Child Left Behind Act of 2001, school districts and	2783
school buildings shall continue to be identified for improvement	2784
for failing to make adequate yearly progress for two or more	2785
consecutive school years.	2786

(B) Beginning July 1, 2008, each school district that has	2787
been identified for improvement, or that contains a school	2788
building that has been identified for improvement, shall	2789
implement all corrective actions required by the model of	2790
differentiated accountability developed by the Ohio department of	2791
education and approved by the United States department of	2792
education. In any school year in which a district is subject to	2793
this division, the Ohio department of education shall notify the	2794
district, prior to the district's opening date, of the corrective	2795
actions it is required to implement in that school year.	2796

Sec. 3302.10. (A) Beginning July 1, 2007, the	2797
superintendent of public instruction shall establish an academic	2798
distress commission for each school district that has been	2799
declared to be in a state of academic emergency pursuant to	2800
section 3302.03 of the Revised Code and has failed to make	2801
adequate yearly progress for four or more consecutive school	2802
years. Each commission shall assist the district for which it was	2803
established in improving the district's academic performance.	2804

Each commission is a body both corporate and politic,	2805
constituting an agency and instrumentality of the state and	2806
performing essential governmental functions of the state. A	2807
commission shall be known as the "academic distress commission for	2808
............... (name of school district)," and, in that name, may	2809
exercise all authority vested in such a commission by this	2810
section. A separate commission shall be established for each	2811
school district to which this division applies.	2812

(B) Each academic distress commission shall consist of five	2813
voting members, three of whom shall be appointed by the	2814
superintendent of public instruction and two of whom shall be	2815
residents of the applicable school district appointed by the	2816
president of the district board of education. When a school	2817
district becomes subject to this section, the superintendent of	2818
public instruction shall provide written notification of that	2819
fact to the district board of education and shall request the	2820
president of the district board to submit to the superintendent	2821
of public instruction, in writing, the names of the president's	2822
appointees to the commission. The superintendent of public	2823
instruction and the president of the district board shall make	2824
appointments to the commission within thirty days after the	2825
district is notified that it is subject to this section.	2826

Members of the commission shall serve at the pleasure of	2827
their appointing authority during the life of the commission. In	2828
the event of the death, resignation, incapacity, removal, or	2829
ineligibility to serve of a member, the appointing authority shall	2830
appoint a successor within fifteen days after the vacancy occurs.	2831
Members shall serve without compensation, but shall be paid by the	2832
commission their necessary and actual expenses incurred while	2833
engaged in the business of the commission.	2834

(C) Immediately after appointment of the initial members of	2835
an academic distress commission, the superintendent of public	2836
instruction shall call the first meeting of the commission and	2837
shall cause written notice of the time, date, and place of that	2838
meeting to be given to each member of the commission at least	2839
forty-eight hours in advance of the meeting. The first meeting	2840
shall include an overview of the commission's roles and	2841
responsibilities, the requirements of section 2921.42 and Chapter	2842
102. of the Revised Code as they pertain to commission members,	2843
the requirements of section 121.22 of the Revised Code, and the	2844
provisions of division (F) of this section. At its first meeting,	2845
the commission shall adopt temporary bylaws in accordance with	2846
division (D) of this section to govern its operations until the	2847
adoption of permanent bylaws.	2848

The superintendent of public instruction shall designate a	2849
chairperson for the commission from among the members appointed by	2850
the superintendent. The chairperson shall call and conduct	2851
meetings, set meeting agendas, and serve as a liaison between the	2852
commission and the district board of education. The chairperson	2853
also shall appoint a secretary, who shall not be a member of the	2854
commission.	2855

The department of education shall provide administrative	2856
support for the commission, provide data requested by the	2857
commission, and inform the commission of available state resources	2858
that could assist the commission in its work.	2859

(D) Each academic distress commission may adopt and alter	2860
bylaws and rules, which shall not be subject to section 111.15 or	2861
Chapter 119. of the Revised Code, for the conduct of its affairs	2862
and for the manner, subject to this section, in which its powers	2863
and functions shall be exercised and embodied.	2864

(E) Three members of an academic distress commission	2865
constitute a quorum of the commission. The affirmative vote of	2866
three members of the commission is necessary for any action taken	2867
by vote of the commission. No vacancy in the membership of the	2868
commission shall impair the rights of a quorum by such vote to	2869
exercise all the rights and perform all the duties of the	2870
commission. Members of the commission are not disqualified from	2871
voting by reason of the functions of any other office they hold	2872
and are not disqualified from exercising the functions of the	2873
other office with respect to the school district, its officers, or	2874
the commission.	2875

(F) The members of an academic distress commission, the	2876
superintendent of public instruction, and any person authorized to	2877
act on behalf of or assist them shall not be personally liable or	2878
subject to any suit, judgment, or claim for damages resulting from	2879
the exercise of or failure to exercise the powers, duties, and	2880
functions granted to them in regard to their functioning under	2881
this section, but the commission, superintendent of public	2882
instruction, and such other persons shall be subject to mandamus	2883
proceedings to compel performance of their duties under this	2884
section.	2885

(G) Each member of an academic distress commission shall file	2886
the statement described in section 102.02 of the Revised Code with	2887
the Ohio ethics commission. The statement shall be confidential,	2888
subject to review, as described in division (B) of that section.	2889

(H) Meetings of each academic distress commission shall be	2890
subject to section 121.22 of the Revised Code.	2891

(I)(1) Within one hundred twenty days after the first meeting	2892
of an academic distress commission, the commission shall adopt an	2893
academic recovery plan to improve academic performance in the	2894
school district. The plan shall address academic problems at both	2895
the district and school levels. The plan shall include the	2896
following:	2897

(a) Short-term and long-term actions to be taken to improve	2898
the district's academic performance, including any actions	2899
required by section 3302.04 or 3302.041 of the Revised Code;	2900

(b) The sequence and timing of the actions described in	2901
division (I)(1)(a) of this section and the persons responsible for	2902
implementing the actions;	2903

(c) Resources that will be applied toward improvement	2904
efforts;	2905

(d) Procedures for monitoring and evaluating improvement	2906
efforts;	2907

(e) Requirements for reporting to the commission and the	2908
district board of education on the status of improvement efforts.	2909

(2) The commission may amend the academic recovery plan	2910
subsequent to adoption. The commission shall update the plan at	2911
least annually.	2912

(3) The commission shall submit the academic recovery plan it	2913
adopts or updates to the superintendent of public instruction for	2914
approval immediately following its adoption or updating. The	2915
superintendent shall evaluate the plan and either approve or	2916
disapprove it within thirty days after its submission. If the plan	2917
is disapproved, the superintendent shall recommend modifications	2918
that will render it acceptable. No academic distress commission	2919
shall implement an academic recovery plan unless the	2920
superintendent has approved it.	2921

(4) County, state, and school district officers and employees	2922
shall assist the commission diligently and promptly in the	2923
implementation of the academic recovery plan.	2924

(J) Each academic distress commission shall seek input from	2925
the district board of education regarding ways to improve the	2926
district's academic performance, but any decision of the	2927
commission related to any authority granted to the commission	2928
under this section shall be final.	2929

The commission may do any of the following:

2930

(1) Appoint school building administrators and reassign	2931
administrative personnel;	2932

(2) Terminate the contracts of administrators or	2933
administrative personnel. The commission shall not be required to	2934
comply with section 3319.16 of the Revised Code with respect to	2935
any contract terminated under this division.	2936

(3) Contract with a private entity to perform school or	2937
district management functions;	2938

(4) Establish a budget for the district and approve district	2939
appropriations and expenditures, unless a financial planning and	2940
supervision commission has been established for the district	2941
pursuant to section 3316.05 of the Revised Code.	2942

(K) If the board of education of a district for which an	2943
academic distress commission has been established under this	2944
section renews any collective bargaining agreement under Chapter	2945
4117. of the Revised Code during the existence of the commission,	2946
the district board shall not enter into any agreement that would	2947
render any decision of the commission unenforceable. Section	2948
3302.08 of the Revised Code does not apply to this division.	2949

Notwithstanding any provision to the contrary in Chapter	2950
4117. of the Revised Code, if the board of education has entered	2951
into a collective bargaining agreement after September 29, 2005,	2952
that contains stipulations relinquishing one or more of the	2953
rights or responsibilities listed in division (C) of section	2954
4117.08 of the Revised Code, those stipulations are not	2955
enforceable and the district board shall resume holding those	2956
rights or responsibilities as if it had not relinquished them in	2957
that agreement until such time as both the academic distress	2958
commission ceases to exist and the district board agrees to	2959
relinquish those rights or responsibilities in a new collective	2960
bargaining agreement. The provisions of this paragraph apply to a	2961
collective bargaining agreement entered into after September 29,	2962
2005, and those provisions are deemed to be part of that	2963
agreement regardless of whether the district satisfied the	2964
conditions prescribed in division (A) of this section at the time	2965
the district entered into that agreement.	2966

(L) An academic distress commission shall cease to exist	2967
when the district for which it was established receives a	2968
performance rating under section 3302.03 of the Revised Code of in	2969
need of continuous improvement or better for two of the three	2970
prior school years; however, the superintendent of public	2971
instruction may dissolve the commission earlier if the	2972
superintendent determines that the district can perform adequately	2973
without the supervision of the commission. Upon termination of the	2974
commission, the department of education shall compile a final	2975
report of the commission's activities to assist other academic	2976
distress commissions in the conduct of their functions.	2977

Sec. 3313.97. Notwithstanding division (D) of section	2978
3311.19 and division (D) of section 3311.52 of the Revised Code,	2979
this section does not apply to any joint vocational or cooperative	2980
education school district.	2981

(A) As used in this section:

2982

(1) "Parent" has the same meaning as in section 3313.64 of	2983
the Revised Code.	2984

(2) "Alternative school" means a school building other than	2985
the one to which a student is assigned by the district	2986
superintendent.	2987

(3) "IEP" has the same meaning as in section 3323.01 of the	2988
Revised Code.	2989

(B) The board of education of each city, local, and exempted	2990
village school district shall adopt an open enrollment policy	2991
allowing students entitled to attend school in the district	2992
pursuant to section 3313.64 or 3313.65 of the Revised Code to	2993
enroll in an alternative school. Each policy shall provide for the	2994
following:	2995

(1) Application procedures, including deadlines for	2996
application and for notification of students and principals of	2997
alternative schools whenever a student's application is accepted.	2998
The policy shall require a student to apply only if the student	2999
wishes to attend an alternative school.	3000

(2) The establishment of district capacity limits by grade	3001
level, school building, and education program;	3002

(3) A requirement that students enrolled in a school building	3003
or living in any attendance area of the school building	3004
established by the superintendent or board be given preference	3005
over applicants;	3006

(4) Procedures to ensure that an appropriate racial balance	3007
is maintained in the district schools.	3008

(C) Except as provided in section 3313.982 of the Revised	3009
Code, the procedures for admitting applicants to alternative	3010
schools shall not include:	3011

(1) Any requirement of academic ability, or any level of	3012
athletic, artistic, or other extracurricular skills;	3013

(2) Limitations on admitting applicants because of disabling	3014
conditions, except that a board may require a student receiving	3015
services under Chapter 3323. of the Revised Code to attend school	3016
where the services described in the student's IEP are available;	3017

(3) A requirement that the student be proficient in the	3018
English language;	3019

(4) Rejection of any applicant because the student has been	3020
subject to disciplinary proceedings, except that if an applicant	3021
has been suspended or expelled for ten consecutive days or more in	3022
the term for which admission is sought or in the term immediately	3023
preceding the term for which admission is sought, the procedures	3024
may include a provision denying admission of such applicant to an	3025
alternative school.	3026

(D)(1) Notwithstanding Chapter 3327. of the Revised Code, and	3027
except as provided in division (D)(2) of this section, a district	3028
board is not required to provide transportation to a nondisabled	3029
student enrolled in an alternative school unless such student can	3030
be picked up and dropped off at a regular school bus stop	3031
designated in accordance with the board's transportation policy	3032
or unless the board is required to provide additional	3033
transportation to the student in accordance with a court-approved	3034
desegregation plan.	3035

(2) A district board shall provide transportation to any	3036
student ~~enrolled in an alternative school pursuant~~described in 20	3037
U.S.C. 6316(b)(1)(F) to the extent required by division (E) of	3038
section 3302.04 of the Revised Code ~~to the extent required by~~	3039
~~that division~~, except that no district board shall be required to	3040
provide transportation to any such student ~~enrolled in an~~	3041
~~alternative school pursuant to division (E) of section 3302.04 of~~	3042
~~the Revised Code~~ after ~~the date~~ the school in which the student	3043
was enrolled immediately prior to enrolling in the alternative	3044
school ~~ceases to be subject to that division~~makes adequate	3045
yearly progress, as defined in section 3302.01 of the Revised	3046
Code, for two consecutive school years.	3047

(E) Each school board shall provide information about the	3048
policy adopted under this section and the application procedures	3049
and deadlines to the parent of each student in the district and to	3050
the general public.	3051

(F) The state board of education shall monitor school	3052
districts to ensure compliance with this section and the	3053
districts' policies.	3054

Sec. 3314.03. A copy of every contract entered into under	3055
this section shall be filed with the superintendent of public	3056
instruction.	3057

(A) Each contract entered into between a sponsor and the	3058
governing authority of a community school shall specify the	3059
following:	3060

(1) That the school shall be established as either of the	3061
following:	3062

(a) A nonprofit corporation established under Chapter 1702.	3063
of the Revised Code, if established prior to April 8, 2003;	3064

(b) A public benefit corporation established under Chapter	3065
1702. of the Revised Code, if established after April 8, 2003;	3066

(2) The education program of the school, including the	3067
school's mission, the characteristics of the students the school	3068
is expected to attract, the ages and grades of students, and the	3069
focus of the curriculum;	3070

(3) The academic goals to be achieved and the method of	3071
measurement that will be used to determine progress toward those	3072
goals, which shall include the statewide achievement tests;	3073

(4) Performance standards by which the success of the school	3074
will be evaluated by the sponsor;	3075

(5) The admission standards of section 3314.06 of the Revised	3076
Code and, if applicable, section 3314.061 of the Revised Code;	3077

(6)(a) Dismissal procedures;

3078

(b) A requirement that the governing authority adopt an	3079
attendance policy that includes a procedure for automatically	3080
withdrawing a student from the school if the student without a	3081
legitimate excuse fails to participate in one hundred five	3082
consecutive hours of the learning opportunities offered to the	3083
student.	3084

(7) The ways by which the school will achieve racial and	3085
ethnic balance reflective of the community it serves;	3086

(8) Requirements for financial audits by the auditor of	3087
state. The contract shall require financial records of the school	3088
to be maintained in the same manner as are financial records of	3089
school districts, pursuant to rules of the auditor of state, and	3090
the audits shall be conducted in accordance with section 117.10 of	3091
the Revised Code.	3092

(9) The facilities to be used and their locations;

3093

(10) Qualifications of teachers, including a requirement that	3094
the school's classroom teachers be licensed in accordance with	3095
sections 3319.22 to 3319.31 of the Revised Code, except that a	3096
community school may engage noncertificated persons to teach up to	3097
twelve hours per week pursuant to section 3319.301 of the Revised	3098
Code;	3099

(11) That the school will comply with the following	3100
requirements:	3101

(a) The school will provide learning opportunities to a	3102
minimum of twenty-five students for a minimum of nine hundred	3103
twenty hours per school year.	3104

(b) The governing authority will purchase liability	3105
insurance, or otherwise provide for the potential liability of the	3106
school.	3107

(c) The school will be nonsectarian in its programs,	3108
admission policies, employment practices, and all other	3109
operations, and will not be operated by a sectarian school or	3110
religious institution.	3111

(d) The school will comply with sections 9.90, 9.91, 109.65,	3112
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	3113
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	3114
3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66,	3115
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671,	3116
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80,	3117
3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 3321.01, 3321.13,	3118
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	3119
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,	3120
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if	3121
it were a school district and will comply with section 3301.0714	3122
of the Revised Code in the manner specified in section 3314.17 of	3123
the Revised Code.	3124

(e) The school shall comply with Chapter 102. and section	3125
2921.42 of the Revised Code.	3126

(f) The school will comply with sections 3313.61, 3313.611,	3127
and 3313.614 of the Revised Code, except that for students who	3128
enter ninth grade for the first time before July 1, 2010, the	3129
requirement in sections 3313.61 and 3313.611 of the Revised Code	3130
that a person must successfully complete the curriculum in any	3131
high school prior to receiving a high school diploma may be met by	3132
completing the curriculum adopted by the governing authority of	3133
the community school rather than the curriculum specified in Title	3134
XXXIII of the Revised Code or any rules of the state board of	3135
education. Beginning with students who enter ninth grade for the	3136
first time on or after July 1, 2010, the requirement in sections	3137
3313.61 and 3313.611 of the Revised Code that a person must	3138
successfully complete the curriculum of a high school prior to	3139
receiving a high school diploma shall be met by completing the	3140
Ohio core curriculum prescribed in division (C) of section	3141
3313.603 of the Revised Code, unless the person qualifies under	3142
division (D) or (F) of that section. Each school shall comply with	3143
the plan for awarding high school credit based on demonstration of	3144
subject area competency, adopted by the state board of education	3145
under division (J) of section 3313.603 of the Revised Code.	3146

(g) The school governing authority will submit within four	3147
months after the end of each school year a report of its	3148
activities and progress in meeting the goals and standards of	3149
divisions (A)(3) and (4) of this section and its financial status	3150
to the sponsor and the parents of all students enrolled in the	3151
school.	3152

(h) The school, unless it is an internet- or computer-based	3153
community school, will comply with section 3313.801 of the Revised	3154
Code as if it were a school district.	3155

(12) Arrangements for providing health and other benefits to	3156
employees;	3157

(13) The length of the contract, which shall begin at the	3158
beginning of an academic year. No contract shall exceed five years	3159
unless such contract has been renewed pursuant to division (E) of	3160
this section.	3161

(14) The governing authority of the school, which shall be	3162
responsible for carrying out the provisions of the contract;	3163

(15) A financial plan detailing an estimated school budget	3164
for each year of the period of the contract and specifying the	3165
total estimated per pupil expenditure amount for each such year.	3166
The plan shall specify for each year the base formula amount that	3167
will be used for purposes of funding calculations under section	3168
3314.08 of the Revised Code. This base formula amount for any year	3169
shall not exceed the formula amount defined under section 3317.02	3170
of the Revised Code. The plan may also specify for any year a	3171
percentage figure to be used for reducing the per pupil amount of	3172
the subsidy calculated pursuant to section 3317.029 of the Revised	3173
Code the school is to receive that year under section 3314.08 of	3174
the Revised Code.	3175

(16) Requirements and procedures regarding the disposition of	3176
employees of the school in the event the contract is terminated or	3177
not renewed pursuant to section 3314.07 of the Revised Code;	3178

(17) Whether the school is to be created by converting all or	3179
part of an existing public school or educational service center	3180
building or is to be a new start-up school, and if it is a	3181
converted public school or service center building, specification	3182
of any duties or responsibilities of an employer that the board of	3183
education or service center governing board that operated the	3184
school or building before conversion is delegating to the	3185
governing authority of the community school with respect to all	3186
or any specified group of employees provided the delegation is	3187
not prohibited by a collective bargaining agreement applicable to	3188
such employees;	3189

(18) Provisions establishing procedures for resolving	3190
disputes or differences of opinion between the sponsor and the	3191
governing authority of the community school;	3192

(19) A provision requiring the governing authority to adopt a	3193
policy regarding the admission of students who reside outside the	3194
district in which the school is located. That policy shall comply	3195
with the admissions procedures specified in sections 3314.06 and	3196
3314.061 of the Revised Code and, at the sole discretion of the	3197
authority, shall do one of the following:	3198

(a) Prohibit the enrollment of students who reside outside	3199
the district in which the school is located;	3200

(b) Permit the enrollment of students who reside in districts	3201
adjacent to the district in which the school is located;	3202

(c) Permit the enrollment of students who reside in any other	3203
district in the state.	3204

(20) A provision recognizing the authority of the department	3205
of education to take over the sponsorship of the school in	3206
accordance with the provisions of division (C) of section 3314.015	3207
of the Revised Code;	3208

(21) A provision recognizing the sponsor's authority to	3209
assume the operation of a school under the conditions specified in	3210
division (B) of section 3314.073 of the Revised Code;	3211

(22) A provision recognizing both of the following:

3212

(a) The authority of public health and safety officials to	3213
inspect the facilities of the school and to order the facilities	3214
closed if those officials find that the facilities are not in	3215
compliance with health and safety laws and regulations;	3216

(b) The authority of the department of education as the	3217
community school oversight body to suspend the operation of the	3218
school under section 3314.072 of the Revised Code if the	3219
department has evidence of conditions or violations of law at the	3220
school that pose an imminent danger to the health and safety of	3221
the school's students and employees and the sponsor refuses to	3222
take such action;	3223

(23) A description of the learning opportunities that will be	3224
offered to students including both classroom-based and	3225
non-classroom-based learning opportunities that is in compliance	3226
with criteria for student participation established by the	3227
department under division (L)(2) of section 3314.08 of the Revised	3228
Code;	3229

(24) The school will comply with ~~section~~sections 3302.04 and	3230
3302.041 of the Revised Code, ~~including division (E) of that~~	3231
~~section to the extent possible,~~ except that any action required	3232
to be taken by a school district pursuant to ~~that section~~those	3233
sections shall be taken by the sponsor of the school. However,	3234
the sponsor shall not be required to take any action described in	3235
division (F) of ~~that~~ section 3302.04 of the Revised Code.	3236

(25) Beginning in the 2006-2007 school year, the school will	3237
open for operation not later than the thirtieth day of September	3238
each school year, unless the mission of the school as specified	3239
under division (A)(2) of this section is solely to serve dropouts.	3240
In its initial year of operation, if the school fails to open by	3241
the thirtieth day of September, or within one year after the	3242
adoption of the contract pursuant to division (D) of section	3243
3314.02 of the Revised Code if the mission of the school is solely	3244
to serve dropouts, the contract shall be void.	3245

(B) The community school shall also submit to the sponsor a	3246
comprehensive plan for the school. The plan shall specify the	3247
following:	3248

(1) The process by which the governing authority of the	3249
school will be selected in the future;	3250

(2) The management and administration of the school;

3251

(3) If the community school is a currently existing public	3252
school or educational service center building, alternative	3253
arrangements for current public school students who choose not to	3254
attend the converted school and for teachers who choose not to	3255
teach in the school or building after conversion;	3256

(4) The instructional program and educational philosophy of	3257
the school;	3258

(5) Internal financial controls.

3259

(C) A contract entered into under section 3314.02 of the	3260
Revised Code between a sponsor and the governing authority of a	3261
community school may provide for the community school governing	3262
authority to make payments to the sponsor, which is hereby	3263
authorized to receive such payments as set forth in the contract	3264
between the governing authority and the sponsor. The total amount	3265
of such payments for oversight and monitoring of the school shall	3266
not exceed three per cent of the total amount of payments for	3267
operating expenses that the school receives from the state.	3268

(D) The contract shall specify the duties of the sponsor	3269
which shall be in accordance with the written agreement entered	3270
into with the department of education under division (B) of	3271
section 3314.015 of the Revised Code and shall include the	3272
following:	3273

(1) Monitor the community school's compliance with all laws	3274
applicable to the school and with the terms of the contract;	3275

(2) Monitor and evaluate the academic and fiscal performance	3276
and the organization and operation of the community school on at	3277
least an annual basis;	3278

(3) Report on an annual basis the results of the evaluation	3279
conducted under division (D)(2) of this section to the department	3280
of education and to the parents of students enrolled in the	3281
community school;	3282

(4) Provide technical assistance to the community school in	3283
complying with laws applicable to the school and terms of the	3284
contract;	3285

(5) Take steps to intervene in the school's operation to	3286
correct problems in the school's overall performance, declare the	3287
school to be on probationary status pursuant to section 3314.073	3288
of the Revised Code, suspend the operation of the school pursuant	3289
to section 3314.072 of the Revised Code, or terminate the contract	3290
of the school pursuant to section 3314.07 of the Revised Code as	3291
determined necessary by the sponsor;	3292

(6) Have in place a plan of action to be undertaken in the	3293
event the community school experiences financial difficulties or	3294
closes prior to the end of a school year.	3295

(E) Upon the expiration of a contract entered into under this	3296
section, the sponsor of a community school may, with the approval	3297
of the governing authority of the school, renew that contract for	3298
a period of time determined by the sponsor, but not ending earlier	3299
than the end of any school year, if the sponsor finds that the	3300
school's compliance with applicable laws and terms of the contract	3301
and the school's progress in meeting the academic goals prescribed	3302
in the contract have been satisfactory. Any contract that is	3303
renewed under this division remains subject to the provisions of	3304
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	3305

(F) If a community school fails to open for operation within	3306
one year after the contract entered into under this section is	3307
adopted pursuant to division (D) of section 3314.02 of the Revised	3308
Code or permanently closes prior to the expiration of the	3309
contract, the contract shall be void and the school shall not	3310
enter into a contract with any other sponsor. A school shall not	3311
be considered permanently closed because the operations of the	3312
school have been suspended pursuant to section 3314.072 of the	3313
Revised Code. Any contract that becomes void under this division	3314
shall not count toward any statewide limit on the number of such	3315
contracts prescribed by section 3314.013 of the Revised Code.	3316

Sec. 3326.17. (A) The department of education shall issue an	3317
annual report card for each science, technology, engineering, and	3318
mathematics school that includes all information applicable to	3319
school buildings under section 3302.03 of the Revised Code.	3320

(B) For each student enrolled in a STEM school, the	3321
department shall combine data regarding the academic performance	3322
of that student with comparable data from the school district in	3323
which the student is entitled to attend school pursuant to section	3324
3313.64 or 3313.65 of the Revised Code for the purpose of	3325
calculating the performance of the district as a whole on the	3326
report card issued for the district under section 3302.03 of the	3327
Revised Code.	3328

(C) Each STEM school and its governing body shall comply with	3329
~~section~~sections 3302.04 and 3302.041 of the Revised Code,	3330
~~including division (E) of that section to the extent possible,~~	3331
except that any action required to be taken by a school district	3332
pursuant to ~~that section~~those sections shall be taken by the	3333
school. However, the school shall not be required to take any	3334
action described in division (F) of ~~that~~ section 3302.04 of the	3335
Revised Code.	3336

Sec. 3333.375. (A)(1) There are hereby created the Ohio	3337
outstanding scholarship and the Ohio priority needs fellowship	3338
programs payment funds, which shall be in the custody of the	3339
treasurer of state, but shall not be a part of the state treasury.	3340

(2) The payment funds shall consist solely of all moneys	3341
returned to the treasurer of state, as issuer of certain	3342
tax-exempt student loan revenue bonds, from all indentures of	3343
trust, both presently existing and future, created as a result of	3344
tax-exempt student loan revenue bonds issued under Chapter 3366.	3345
of the Revised Code, and any moneys earned from allowable	3346
investments of the payment funds under division (B) of this	3347
section.	3348

(3) ~~The~~Except as provided in division (E) of this section,	3349
the payment funds shall be used solely for scholarship and	3350
fellowships awarded under sections 3333.37 to 3333.375 of the	3351
Revised Code by the chancellor of the Ohio board of regents and	3352
for any necessary administrative expenses incurred by the	3353
chancellor in administering the scholarship and fellowship	3354
programs.	3355

(B) The treasurer of state may invest any moneys in the	3356
payment funds not currently needed for scholarship and fellowship	3357
payments in any kind of investments in which moneys of the public	3358
employees retirement system may be invested under Chapter 145. of	3359
the Revised Code.	3360

(C)(1) The instruments of title of all investments shall be	3361
delivered to the treasurer of state or to a qualified trustee	3362
designated by the treasurer of state as provided in section 135.18	3363
of the Revised Code.	3364

(2) The treasurer of state shall collect both principal and	3365
investment earnings on all investments as they become due and pay	3366
them into the payment funds.	3367

(3) All deposits to the payment funds shall be made in public	3368
depositories of this state and secured as provided in section	3369
135.18 of the Revised Code.	3370

(D) On or before March 1, 2001, and on or before the first	3371
day of March in each subsequent year, the treasurer of state shall	3372
provide to the chancellor of the Ohio board of regents a statement	3373
indicating the moneys in the Ohio outstanding scholarship and the	3374
Ohio priority needs fellowship programs payment funds that are	3375
available for the upcoming academic year to award scholarships and	3376
fellowships under sections 3333.37 to 3333.375 of the Revised	3377
Code.	3378

(E) The chancellor may use funds the treasurer has indicated	3379
as available pursuant to division (D) of this section to support	3380
distribution of state need-based financial aid in accordance with	3381
sections 3333.12 and 3333.122 of the Revised Code.	3382

Sec. 3375.481. (A) There is hereby created a statewide	3383
consortium of county law library resources boards. The statewide	3384
consortium shall be comprised of the county law library resources	3385
board of each county.	3386

(B) The statewide consortium board shall consist of five	3387
voting members, one of whom shall be the librarian of the supreme	3388
court of Ohio, or, if the librarian of the supreme court is	3389
unavailable, the chief justice's designee, and the other four	3390
members shall be appointed as follows:	3391

(1) The Ohio judicial conference shall appoint one member.

3392

(2) The county commissioners association of Ohio shall	3393
appoint two members, one of whom shall be the chief administrator	3394
of a county law library resources board.	3395

(3) The Ohio state bar association shall appoint one member.

3396

(C) Initial appointments to the statewide consortium board	3397
shall be made on or before July 1, 2010. Of the initial	3398
appointments, the initial term of the member appointed by the	3399
county commissioners association who is not the chief	3400
administrator of a county library resources board and the member	3401
appointed by the Ohio judicial conference shall be for a term	3402
ending December 31, 2014. The initial term of the member	3403
appointed by the Ohio state bar association and the member	3404
appointed by the county commissioners association who is the	3405
chief administrator of a county law library resources board shall	3406
be for a term ending December 31, 2016. Thereafter, terms for	3407
all members shall be for five years, with each term ending on	3408
the same day of the same month as did the term that it	3409
succeeds.	3410

Each member appointed pursuant to division (B) of this	3411
section shall hold office from the date of the member's	3412
appointment until the end of the term for which the member was	3413
appointed. Vacancies shall be filled within sixty days after the	3414
vacancy occurs and shall be filled in the manner provided for	3415
original appointments. Any member appointed to fill a vacancy	3416
occurring prior to the expiration date of the term for which the	3417
member's predecessor was appointed shall hold office as a member	3418
for the remainder of that term. A member shall continue in office	3419
subsequent to the expiration date of the member's term until the	3420
member's successor takes office or until a period of sixty days	3421
has elapsed, whichever occurs first.	3422

(D) The statewide consortium board shall do all of the	3423
following for the benefit of the members of the statewide	3424
consortium:	3425

(1) Negotiate contracts that each county law library	3426
resources board may use for purchasing or obtaining access to	3427
legal research and reference materials available in any medium;	3428

(2) Catalogue existing resources held by county law library	3429
resources boards and facilitate the sharing of those resources by	3430
the county law library resources boards;	3431

(3) Develop and recommend guidelines for the collection of or	3432
access to legal resources that ought to be provided by a county	3433
law library resources board;	3434

(4) Provide consultation and assistance to county law library	3435
resources boards;	3436

(5) Issue an annual report of its activities to each county	3437
law library resources board.	3438

(E)(1) There is hereby created in the state treasury the	3439
statewide consortium of county law library resources boards fund.	3440
Commencing in calendar year 2011, each county treasurer shall	3441
deposit on or before the fifteenth day of February of each	3442
calendar year two per cent of the funds deposited pursuant to	3443
section 307.515 of the Revised Code into the county law	3444
library resources fund of the treasurer's county, established	3445
under section 307.514 of the Revised Code, from the	3446
immediately preceding calendar year into the statewide	3447
consortium of county law library resources boards fund. The	3448
statewide consortium board may recommend in writing and submit	3449
to each county law library resources board an increase or	3450
decrease in the percentage of funds that must be deposited	3451
into the statewide consortium fund by county treasurers	3452
pursuant to the division. Upon the receipt of written approval	3453
of the recommendation from a majority of the county law library	3454
resources boards, the recommendation shall become effective on	3455
January 1 of the succeeding year. The statewide consortium	3456
board of the county law library resources boards shall make any	3457
recommendations not later than the first day of April for the	3458
proceeding fiscal year, and any action by a county law library	3459
resources board on the recommendation shall be certified to the	3460
statewide consortium board not later than the first day of	3461
June of that year.	3462

(2) The statewide consortium board may use the money	3463
deposited in the fund for the operation of the statewide	3464
consortium board and may provide grants to county law library	3465
resources boards.	3466

(F) The statewide consortium board may create an advisory	3467
council that is comprised of persons with expertise in the	3468
operation and funding of law libraries.	3469

(G) The statewide consortium board shall determine the	3470
necessary qualifications of staff and the facilities and	3471
equipment necessary for the operation of the statewide	3472
consortium.	3473

(H) The statewide consortium board shall elect a chairperson	3474
from its membership. The statewide consortium board shall meet at	3475
least four times per year and shall keep a record of its	3476
proceedings. The record of its proceedings shall be open to the	3477
public for inspection. The chairperson or the chairperson's	3478
designee shall send a written notice of the time and place of	3479
each meeting to each member. A majority of the members of the	3480
statewide consortium board shall constitute a quorum.	3481

Sec. 3375.49. (A) ~~Subject to divisions (B) and (D) of this~~	3482
~~section, for~~For the use of the law library referred to in section	3483
3375.48 of the Revised Code as repealed by this act, the board of	3484
county commissioners shall provide space in the county courthouse	3485
or in any other building located in the county seat, and	3486
utilities for that space.	3487

(B)~~(1) Subject to divisions (C) and (D) of this section,~~	3488
~~through~~During calendar year ~~2006~~2009, the board of county	3489
commissioners shall be responsible for paying the compensation of	3490
the librarian and up to two assistant librarians of the law	3491
library appointed by the board of trustees of the law library	3492
association under section 3375.48 of the Revised Code as repealed	3493
by this act and the costs of the space in the county courthouse	3494
or other building that the board provides for the use of the law	3495
library under division (A) of this section,and the utilities	3496
for that space~~, and furniture and fixtures for the law library~~.	3497

~~(2)(a) In calendar years 2007 through 2010, the board of~~	3498
~~county commissioners and the board of trustees shall be~~	3499
~~responsible for paying the compensation of the librarian and up to~~	3500
~~two assistant librarians appointed under section 3375.48 of the~~	3501
~~Revised Code as follows:~~	3502

~~(i) In calendar year 2007, the board of county commissioners~~	3503
~~shall pay eighty per cent, and the board of trustees shall pay~~	3504
~~twenty per cent.~~	3505

~~(ii) In calendar year 2008, the board of county commissioners~~	3506
~~shall pay sixty per cent, and the board of trustees shall pay~~	3507
~~forty per cent.~~	3508

~~(iii) In calendar year 2009, the board of county~~	3509
~~commissioners shall pay forty per cent, and the board of trustees~~	3510
~~shall pay sixty per cent.~~	3511

~~(iv) In calendar year 2010, the board of county commissioners~~	3512
~~shall pay twenty per cent, and the board of trustees shall pay~~	3513
~~eighty per cent.~~	3514

~~(b) In calendar years 2008 through 2011, the board of county~~	3515
~~commissioners and the board of trustees shall be responsible for~~	3516
~~the costs of the space in the county courthouse or other building~~	3517
~~that the board of county commissioners provides for the use of the~~	3518
~~law library under division (A) of this section, the utilities for~~	3519
~~that space, and furniture and fixtures for the law library as~~	3520
~~follows:~~	3521

~~(i) In calendar year 2008, the board of county commissioners~~	3522
~~shall pay eighty per cent, and the board of trustees shall pay~~	3523
~~twenty per cent.~~	3524

~~(ii) In calendar year 2009, the board of county commissioners~~	3525
~~shall pay sixty per cent, and the board of trustees shall pay~~	3526
~~forty per cent.~~	3527

~~(iii) In calendar year 2010, the board of county~~	3528
~~commissioners shall pay forty per cent, and the board of trustees~~	3529
~~shall pay sixty per cent.~~	3530

~~(iv) In calendar year 2011, the board of county commissioners~~	3531
~~shall pay twenty per cent, and the board of trustees shall pay~~	3532
~~eighty per cent.~~	3533

~~(3)(a) Beginning in calendar year 2011 and thereafter, the~~	3534
~~board of trustees shall be responsible for paying the compensation~~	3535
~~of the librarian and all assistant librarians appointed under~~	3536
~~section 3375.48 of the Revised Code.~~	3537

~~(b) Beginning in calendar year 2012 and thereafter, the board~~	3538
~~of trustees shall be responsible for the costs of the space in the~~	3539
~~county courthouse or other building that the board of county~~	3540
~~commissioners provides for the use of the law library under~~	3541
~~division (A) of this section, the utilities for that space, and~~	3542
~~the law library's furniture and fixtures.~~	3543

~~(C) At any time prior to calendar year 2011, the board of~~	3544
~~trustees of a law library association referred to in section~~	3545
~~3375.48 of the Revised Code may elect to assume responsibility for~~	3546
~~paying the entire compensation of the librarian and all assistant~~	3547
~~librarians of the law library appointed under section 3375.48 of~~	3548
~~the Revised Code. If the board of trustees elects to assume that~~	3549
~~responsibility, the board of county commissioners of the county in~~	3550
~~which the association is located has no further obligation under~~	3551
~~division (B) of this section to make payments for the compensation~~	3552
~~of the law librarian and up to two assistant librarians.~~	3553

~~(D)(1) Except as otherwise provided in division (D)(2) of~~	3554
~~this section, if the board of trustees of a law library~~	3555
~~association referred to in section 3375.48 of the Revised Code~~	3556
~~rents, leases, lease-purchases, or otherwise acquires space to~~	3557
~~expand or enlarge the law library for the use of the law library,~~	3558
~~the board of county commissioners of the county in which the~~	3559
~~association is located has no further obligation under division~~	3560
~~(A) of this section to provide space in the county courthouse or~~	3561
~~any other building located in the county seat for the use of the~~	3562
~~law library and utilities for that space, and has no further~~	3563
~~obligation under division (B) of this section to make payments for~~	3564
~~the compensation of the librarian and up to two assistant~~	3565
~~librarians of the law library appointed under section 3375.48 of~~	3566
~~the Revised Code and for the costs of space in the county~~	3567
~~courthouse or any other building for the use of the law library,~~	3568
~~the utilities for that space, and the law library's furniture and~~	3569
~~fixtures.~~	3570

~~(2) Division (D)(1) of this section does not apply if the~~	3571
~~board of trustees of a law library association referred to in~~	3572
~~section 3375.48 of the Revised Code modifies the space used by the~~	3573
~~law library in a manner that results in no change in that space or~~	3574
~~in a reduction in that space and that results in no additional~~	3575
~~costs to the board of county commissioners for fixtures or~~	3576
~~furniture for the law library.~~	3577

~~(E)~~(C) The librarian of the law library shall receive and	3578
safely keep in the law library the law reports and other books	3579
furnished by the state for use of the court and bar.	3580

~~(F)~~(D) The books, computer communications console that is a	3581
means of access to a system of computerized legal research,	3582
microform materials and equipment, videotape materials and	3583
equipment, audio or visual materials and equipment, other	3584
materials and equipment utilized in conducting legal research,	3585
furniture, and fixtures of the law library association that are	3586
owned by, and used exclusively in, the law library are exempt from	3587
taxation.	3588

Sec. 4513.35. (A) All fines collected under sections 4511.01	3589
to 4511.78, 4511.99, and 4513.01 to 4513.37 of the Revised Code	3590
shall be paid into the county treasury and, with the exception of	3591
that portion distributed under section ~~3375.53~~307.515 of the	3592
Revised Code, shall be placed to the credit of the fund for the	3593
maintenance and repair of the highways within that county, except	3594
that:	3595

(1) All fines for violations of division (B) of section	3596
4513.263 shall be delivered to the treasurer of state as provided	3597
in division (E) of section 4513.263 of the Revised Code.	3598

(2) All fines collected from, or moneys arising from bonds	3599
forfeited by, persons apprehended or arrested by state highway	3600
patrolmen shall be distributed as provided in section 5503.04 of	3601
the Revised Code.	3602

(3)(a) Subject to division (E) of section 4513.263 of the	3603
Revised Code and except as otherwise provided in division	3604
(A)(3)(b) of this section, one-half of all fines collected from,	3605
and one-half of all moneys arising from bonds forfeited by,	3606
persons apprehended or arrested by a township constable or other	3607
township police officer shall be paid to the township treasury to	3608
be placed to the credit of the general fund.	3609

(b) All fines collected from, and all moneys arising from	3610
bonds forfeited by, persons apprehended or arrested by a township	3611
constable or other township police officer pursuant to division	3612
(B)(2) of section 4513.39 of the Revised Code for a violation of	3613
section 4511.21 of the Revised Code or any other law, ordinance,	3614
or regulation pertaining to speed that occurred on a highway	3615
included as part of the interstate system, as defined in section	3616
5516.01 of the Revised Code, shall be paid into the county	3617
treasury and be credited as provided in the first paragraph of	3618
this section.	3619

(B) Notwithstanding any other provision of this section or of	3620
any other section of the Revised Code:	3621

(1) All fines collected from, and all moneys arising from	3622
bonds forfeited by, persons arrested under division (E)(1) or (2)	3623
of section 2935.03 of the Revised Code are deemed to be collected,	3624
and to arise, from arrests made within the jurisdiction in which	3625
the arresting officer is appointed, elected, or employed, for	3626
violations of one of the sections or chapters of the Revised Code	3627
listed in division (E)(1) of that section and shall be distributed	3628
accordingly.	3629

(2) All fines collected from, and all moneys arising from	3630
bonds forfeited by, persons arrested under division (E)(3) of	3631
section 2935.03 of the Revised Code are deemed to be collected,	3632
and to arise, from arrests made within the jurisdiction in which	3633
the arresting officer is appointed, elected, or employed, for	3634
violations of municipal ordinances that are substantially	3635
equivalent to one of the sections or one of the provisions of one	3636
of the chapters of the Revised Code listed in division (E)(1) of	3637
that section and for violations of one of the sections or one of	3638
the provisions of one of the chapters of the Revised Code listed	3639
in division (E)(1) of that section, and shall be distributed	3640
accordingly.	3641

Sec. 5111.89. (A) As used in sections 5111.89 to 5111.894	3642
of the Revised Code:	3643

"Area agency on aging" has the same meaning as in section	3644
173.14 of the Revised Code.	3645

"Assisted living program" means the medicaid waiver component	3646
for which the director of job and family services is authorized by	3647
this section to request a medicaid waiver.	3648

"Assisted living services" means the following home and	3649
community-based services: personal care, homemaker, chore,	3650
attendant care, companion, medication oversight, and therapeutic	3651
social and recreational programming.	3652

"County or district home" means a county or district home	3653
operated under Chapter 5155. of the Revised Code.	3654

"Long-term care consultation program" means the program the	3655
department of aging is required to develop under section 173.42 of	3656
the Revised Code.	3657

"Long-term care consultation program administrator" or	3658
"administrator" means the department of aging or, if the	3659
department contracts with an area agency on aging or other entity	3660
to administer the long-term care consultation program for a	3661
particular area, that agency or entity.	3662

"Medicaid waiver component" has the same meaning as in	3663
section 5111.85 of the Revised Code.	3664

"Nursing facility" has the same meaning as in section 5111.20	3665
of the Revised Code.	3666

"Residential care facility" has the same meaning as in	3667
section 3721.01 of the Revised Code.	3668

"State administrative agency" means the department of job and	3669
family services if the department of job and family services	3670
administers the assisted living program or the department of aging	3671
if the department of aging administers the assisted living	3672
program.	3673

(B) The director of job and family services may submit a	3674
request to the United States secretary of health and human	3675
services under 42 U.S.C. 1396n to obtain a waiver of federal	3676
medicaid requirements that would otherwise be violated in the	3677
creation and implementation of a program under which assisted	3678
living services are provided to not more than one thousand eight	3679
hundred individuals who meet the program's eligibility	3680
requirements established under section 5111.891 of the Revised	3681
Code.	3682

If the secretary approves the medicaid waiver requested under	3683
this section and the director of budget and management approves	3684
the contract, the department of job and family services shall	3685
enter into a contract with the department of aging under section	3686
5111.91 of the Revised Code that provides for the department of	3687
aging to administer the assisted living program. The contract	3688
shall include an estimate of the program's costs.	3689

The director of job and family services may adopt rules under	3690
section 5111.85 of the Revised Code regarding the assisted living	3691
program. The director of aging may adopt rules under Chapter 119.	3692
of the Revised Code regarding the program that the rules adopted	3693
by the director of job and family services authorize the director	3694
of aging to adopt.	3695

Sec. 5111.891. To be eligible for the assisted living	3696
program, an individual must meet all of the following	3697
requirements:	3698

(A) Need an intermediate level of care as determined under	3699
rule 5101:3-3-06 of the Administrative Code;	3700

(B) At the time the individual applies for the assisted	3701
living program, be one of the following:	3702

(1) A nursing facility resident who is seeking to move to a	3703
residential care facility and would remain in a nursing facility	3704
for long term care if not for the assisted living program;	3705

(2) A participant of any of the following medicaid waiver	3706
components who would move to a nursing facility if not for the	3707
assisted living program:	3708

(a) The PASSPORT program created under section 173.40 of the	3709
Revised Code;	3710

(b) The medicaid waiver component called the choices program	3711
that the department of aging administers;	3712

(c) A medicaid waiver component that the department of job	3713
and family services administers.	3714

(3) A resident of a residential care facility who has resided	3715
in a residential care facility for at least six months immediately	3716
before the date the individual applies for the assisted living	3717
program.	3718

(C) At the time the individual receives assisted living	3719
services under the assisted living program, reside in a	3720
residential care facility that is authorized by a valid medicaid	3721
provider agreement to participate in the assisted living program,	3722
including both of the following:	3723

(1) A residential care facility that is owned or operated by	3724
a metropolitan housing authority that has a contract with the	3725
United States department of housing and urban development to	3726
receive an operating subsidy or rental assistance for the	3727
residents of the facility;	3728

(2) A county or district home licensed as a residential care	3729
facility.	3730

(D) Meet all other eligibility requirements for the assisted	3731
living program established in rules adopted under section 5111.85	3732
of the Revised Code.	3733

Sec. 5111.894. ~~When~~The state administrative agency may	3734
establish one or more waiting lists for the assisted living	3735
program. Only individuals eligible for the medicaid program may be	3736
placed on a waiting list.	3737

Each month, each area agency on aging shall determine	3738
whether any individual who resides in the area that the area	3739
agency on aging serves and is on a waiting list for the assisted	3740
living program has been admitted to a nursing facility. If an	3741
area agency on aging determines that such an individual ~~who is~~	3742
~~eligible for the medicaid program and resides in the area that~~	3743
~~the area agency on aging serves~~ has been admitted to a nursing	3744
facility and that there is a vacancy in a residential care	3745
facility participating in the assisted living program that is	3746
acceptable to the individual, the agency shall notify the	3747
long-term care consultation program administrator serving the	3748
area in which the individual resides about the determination. The	3749
administrator shall determine whether the assisted living program	3750
is appropriate for the individual and whether the individual	3751
would rather participate in the assisted living program than	3752
continue residing in the nursing facility. If the administrator	3753
determines that the assisted living program is appropriate for	3754
the individual and the individual would rather participate in the	3755
assisted living program than continue residing in the nursing	3756
facility, the administrator shall ~~provide the individual or~~	3757
~~individual's representative information about how to apply for~~	3758
~~the assisted living program and whether there is a waiting list~~	3759
~~for the assisted living program~~so notify the state	3760
administrative agency.	3761

On receipt of the notice from the administrator, the state	3762
administrative agency shall approve the individual's enrollment in	3763
the assisted living program regardless of any waiting list for the	3764
assisted living program, unless the enrollment would cause the	3765
assisted living program to exceed the limit on the number of	3766
individuals who may participate in the program as set by section	3767
5111.89 of the Revised Code. Each quarter, the state	3768
administrative agency shall certify to the director of budget	3769
and management the estimated increase in costs of the assisted	3770
living program resulting from enrollment of individuals in the	3771
assisted living program pursuant to this section.	3772

Not later than the last day of each calendar year, the	3773
director of job and family services shall submit to the general	3774
assembly a report regarding the number of individuals enrolled in	3775
the assisted living program pursuant to this section and the costs	3776
incurred and savings achieved as a result of the enrollments.	3777

Sec. 5709.75. (A) Any township that receives service	3778
payments in lieu of taxes under section 5709.74 of the Revised	3779
Code shall establish a township public improvement tax increment	3780
equivalent fund into which those payments shall be deposited. If	3781
the board of township trustees has adopted a resolution under	3782
division (C) of section 5709.73 of the Revised Code, the township	3783
shall establish at least one account in that fund with respect to	3784
resolutions adopted under division (B) of that section, and one	3785
account with respect to each incentive district created by a	3786
resolution adopted under division (C) of that section. If a	3787
resolution adopted under division (C) of section 5709.73 of the	3788
Revised Code also authorizes the use of service payments for	3789
housing renovations within the incentive district, the township	3790
shall establish separate accounts for the service payments	3791
designated for public infrastructure improvements and for the	3792
service payments authorized for the purpose of housing	3793
renovations.	3794

(B) Except as otherwise provided in division (C) or (D) of	3795
this section, money deposited in an account of the township public	3796
improvement tax increment equivalent fund shall be used by the	3797
township to pay the costs of public infrastructure improvements	3798
designated in or the housing renovations authorized by the	3799
resolution with respect to which the account is established,	3800
including any interest on and principal of the notes; in the case	3801
of an account established with respect to a resolution adopted	3802
under division (C) of that section, money in the account shall be	3803
used to finance the public infrastructure improvements designated,	3804
or the housing renovations authorized, for each incentive district	3805
created in the resolution. Money in an account shall not be used	3806
to finance or support housing renovations that take place after	3807
the incentive district has expired.	3808

(C)(1)(a) A township may distribute money in such an account	3809
to any school district in which the exempt property is located in	3810
an amount not to exceed the amount of real property taxes that	3811
such school district would have received from the improvement if	3812
it were not exempt from taxation. The resolution establishing the	3813
fund shall set forth the percentage of such maximum amount that	3814
will be distributed to any affected school district.	3815

(b) A township also may distribute money in such an account	3816
as follows:	3817

(i) To a board of county commissioners, in the amount that is	3818
owed to the board pursuant to division (E) of section 5709.73 of	3819
the Revised Code;	3820

(ii) To a county in accordance with section 5709.913 of the	3821
Revised Code.	3822

(2) Money from an account in a township public improvement	3823
tax increment equivalent fund may be distributed under division	3824
(C)(1)(b) of this section, regardless of the date a resolution was	3825
adopted under section 5709.73 of the Revised Code that prompted	3826
the establishment of the account, even if the resolution was	3827
adopted prior to ~~the effective date of this amendment~~March 30,	3828
2006.	3829

(D) ~~On or before January 1, 2007, a~~A board of township	3830
trustees that adopted a resolution under division (B) of section	3831
5709.73 of the Revised Code before January 1, 1995, and that, with	3832
respect to property exempted under such a resolution, is party to	3833
a hold-harmless agreement, may appropriate and expend unencumbered	3834
money in the fund to pay current public safety expenses of the	3835
township. A township appropriating and expending money under this	3836
division shall reimburse the fund for the sum so appropriated and	3837
expended not later than the day the exemption granted under the	3838
resolution expires. For the purposes of this division, a	3839
"hold-harmless agreement" is an agreement with the board of	3840
education of a city, local, or exempted village school district	3841
under which the board of township trustees agrees to compensate	3842
the school district for one hundred per cent of the tax revenue	3843
the school district would have received from improvements to	3844
parcels designated in the resolution were it not for the exemption	3845
granted by the resolution.	3846

(E) Any incidental surplus remaining in the township public	3847
improvement tax increment equivalent fund or an account of that	3848
fund upon dissolution of the account or fund shall be transferred	3849
to the general fund of the township.	3850

Sec. 5739.02. For the purpose of providing revenue with	3851
which to meet the needs of the state, for the use of the general	3852
revenue fund of the state, for the purpose of securing a thorough	3853
and efficient system of common schools throughout the state, for	3854
the purpose of affording revenues, in addition to those from	3855
general property taxes, permitted under constitutional	3856
limitations, and from other sources, for the support of local	3857
governmental functions, and for the purpose of reimbursing the	3858
state for the expense of administering this chapter, an excise tax	3859
is hereby levied on each retail sale made in this state.	3860

(A)(1) The tax shall be collected as provided in section	3861
5739.025 of the Revised Code. The rate of the tax shall be five	3862
and one-half per cent. The tax applies and is collectible when	3863
the sale is made, regardless of the time when the price is paid	3864
or delivered.	3865

(2) In the case of the lease or rental, with a fixed term of	3866
more than thirty days or an indefinite term with a minimum period	3867
of more than thirty days, of any motor vehicles designed by the	3868
manufacturer to carry a load of not more than one ton, watercraft,	3869
outboard motor, or aircraft, or of any tangible personal property,	3870
other than motor vehicles designed by the manufacturer to carry a	3871
load of more than one ton, to be used by the lessee or renter	3872
primarily for business purposes, the tax shall be collected by the	3873
vendor at the time the lease or rental is consummated and shall be	3874
calculated by the vendor on the basis of the total amount to be	3875
paid by the lessee or renter under the lease agreement. If the	3876
total amount of the consideration for the lease or rental includes	3877
amounts that are not calculated at the time the lease or rental is	3878
executed, the tax shall be calculated and collected by the vendor	3879
at the time such amounts are billed to the lessee or renter. In	3880
the case of an open-end lease or rental, the tax shall be	3881
calculated by the vendor on the basis of the total amount to be	3882
paid during the initial fixed term of the lease or rental, and for	3883
each subsequent renewal period as it comes due. As used in this	3884
division, "motor vehicle" has the same meaning as in section	3885
4501.01 of the Revised Code, and "watercraft" includes an outdrive	3886
unit attached to the watercraft.	3887

A lease with a renewal clause and a termination penalty or	3888
similar provision that applies if the renewal clause is not	3889
exercised is presumed to be a sham transaction. In such a case,	3890
the tax shall be calculated and paid on the basis of the entire	3891
length of the lease period, including any renewal periods, until	3892
the termination penalty or similar provision no longer applies.	3893
The taxpayer shall bear the burden, by a preponderance of the	3894
evidence, that the transaction or series of transactions is not a	3895
sham transaction.	3896

(3) Except as provided in division (A)(2) of this section, in	3897
the case of a sale, the price of which consists in whole or in	3898
part of the lease or rental of tangible personal property, the tax	3899
shall be measured by the installments of that lease or rental.	3900

(4) In the case of a sale of a physical fitness facility	3901
service or recreation and sports club service, the price of which	3902
consists in whole or in part of a membership for the receipt of	3903
the benefit of the service, the tax applicable to the sale shall	3904
be measured by the installments thereof.	3905

(B) The tax does not apply to the following:

3906

(1) Sales to the state or any of its political subdivisions,	3907
or to any other state or its political subdivisions if the laws of	3908
that state exempt from taxation sales made to this state and its	3909
political subdivisions;	3910

(2) Sales of food for human consumption off the premises	3911
where sold;	3912

(3) Sales of food sold to students only in a cafeteria,	3913
dormitory, fraternity, or sorority maintained in a private,	3914
public, or parochial school, college, or university;	3915

(4) Sales of newspapers and of magazine subscriptions and	3916
sales or transfers of magazines distributed as controlled	3917
circulation publications;	3918

(5) The furnishing, preparing, or serving of meals without	3919
charge by an employer to an employee provided the employer records	3920
the meals as part compensation for services performed or work	3921
done;	3922

(6) Sales of motor fuel upon receipt, use, distribution, or	3923
sale of which in this state a tax is imposed by the law of this	3924
state, but this exemption shall not apply to the sale of motor	3925
fuel on which a refund of the tax is allowable under division (A)	3926
of section 5735.14 of the Revised Code; and the tax commissioner	3927
may deduct the amount of tax levied by this section applicable to	3928
the price of motor fuel when granting a refund of motor fuel tax	3929
pursuant to division (A) of section 5735.14 of the Revised Code	3930
and shall cause the amount deducted to be paid into the general	3931
revenue fund of this state;	3932

(7) Sales of natural gas by a natural gas company, of water	3933
by a water-works company, or of steam by a heating company, if in	3934
each case the thing sold is delivered to consumers through pipes	3935
or conduits, and all sales of communications services by a	3936
telegraph company, all terms as defined in section 5727.01 of the	3937
Revised Code, and sales of electricity delivered through wires;	3938

(8) Casual sales by a person, or auctioneer employed directly	3939
by the person to conduct such sales, except as to such sales of	3940
motor vehicles, watercraft or outboard motors required to be	3941
titled under section 1548.06 of the Revised Code, watercraft	3942
documented with the United States coast guard, snowmobiles, and	3943
all-purpose vehicles as defined in section 4519.01 of the Revised	3944
Code;	3945

(9)(a) Sales of services or tangible personal property, other	3946
than motor vehicles, mobile homes, and manufactured homes, by	3947
churches, organizations exempt from taxation under section	3948
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	3949
organizations operated exclusively for charitable purposes as	3950
defined in division (B)(12) of this section, provided that the	3951
number of days on which such tangible personal property or	3952
services, other than items never subject to the tax, are sold does	3953
not exceed six in any calendar year, except as otherwise provided	3954
in division (B)(9)(b) of this section. If the number of days on	3955
which such sales are made exceeds six in any calendar year, the	3956
church or organization shall be considered to be engaged in	3957
business and all subsequent sales by it shall be subject to the	3958
tax. In counting the number of days, all sales by groups within a	3959
church or within an organization shall be considered to be sales	3960
of that church or organization.	3961

(b) The limitation on the number of days on which tax-exempt	3962
sales may be made by a church or organization under division	3963
(B)(9)(a) of this section does not apply to sales made by student	3964
clubs and other groups of students of a primary or secondary	3965
school, or a parent-teacher association, booster group, or similar	3966
organization that raises money to support or fund curricular or	3967
extracurricular activities of a primary or secondary school.	3968

(c) Divisions (B)(9)(a) and (b) of this section do not apply	3969
to sales by a noncommercial educational radio or television	3970
broadcasting station.	3971

(10) Sales not within the taxing power of this state under	3972
the Constitution of the United States;	3973

(11) Except for transactions that are sales under division	3974
(B)(3)(r) of section 5739.01 of the Revised Code, the	3975
transportation of persons or property, unless the transportation	3976
is by a private investigation and security service;	3977

(12) Sales of tangible personal property or services to	3978
churches, to organizations exempt from taxation under section	3979
501(c)(3) of the Internal Revenue Code of 1986, and to any other	3980
nonprofit organizations operated exclusively for charitable	3981
purposes in this state, no part of the net income of which inures	3982
to the benefit of any private shareholder or individual, and no	3983
substantial part of the activities of which consists of carrying	3984
on propaganda or otherwise attempting to influence legislation;	3985
sales to offices administering one or more homes for the aged or	3986
one or more hospital facilities exempt under section 140.08 of the	3987
Revised Code; and sales to organizations described in division (D)	3988
of section 5709.12 of the Revised Code.	3989

"Charitable purposes" means the relief of poverty; the	3990
improvement of health through the alleviation of illness, disease,	3991
or injury; the operation of an organization exclusively for the	3992
provision of professional, laundry, printing, and purchasing	3993
services to hospitals or charitable institutions; the operation of	3994
a home for the aged, as defined in section 5701.13 of the Revised	3995
Code; the operation of a radio or television broadcasting station	3996
that is licensed by the federal communications commission as a	3997
noncommercial educational radio or television station; the	3998
operation of a nonprofit animal adoption service or a county	3999
humane society; the promotion of education by an institution of	4000
learning that maintains a faculty of qualified instructors,	4001
teaches regular continuous courses of study, and confers a	4002
recognized diploma upon completion of a specific curriculum; the	4003
operation of a parent-teacher association, booster group, or	4004
similar organization primarily engaged in the promotion and	4005
support of the curricular or extracurricular activities of a	4006
primary or secondary school; the operation of a community or area	4007
center in which presentations in music, dramatics, the arts, and	4008
related fields are made in order to foster public interest and	4009
education therein; the production of performances in music,	4010
dramatics, and the arts; or the promotion of education by an	4011
organization engaged in carrying on research in, or the	4012
dissemination of, scientific and technological knowledge and	4013
information primarily for the public.	4014

Nothing in this division shall be deemed to exempt sales to	4015
any organization for use in the operation or carrying on of a	4016
trade or business, or sales to a home for the aged for use in the	4017
operation of independent living facilities as defined in division	4018
(A) of section 5709.12 of the Revised Code.	4019

(13) Building and construction materials and services sold to	4020
construction contractors for incorporation into a structure or	4021
improvement to real property under a construction contract with	4022
this state or a political subdivision of this state, or with the	4023
United States government or any of its agencies; building and	4024
construction materials and services sold to construction	4025
contractors for incorporation into a structure or improvement to	4026
real property that are accepted for ownership by this state or any	4027
of its political subdivisions, or by the United States government	4028
or any of its agencies at the time of completion of the structures	4029
or improvements; building and construction materials sold to	4030
construction contractors for incorporation into a horticulture	4031
structure or livestock structure for a person engaged in the	4032
business of horticulture or producing livestock; building	4033
materials and services sold to a construction contractor for	4034
incorporation into a house of public worship or religious	4035
education, or a building used exclusively for charitable purposes	4036
under a construction contract with an organization whose purpose	4037
is as described in division (B)(12) of this section; building	4038
materials and services sold to a construction contractor for	4039
incorporation into a building under a construction contract with	4040
an organization exempt from taxation under section 501(c)(3) of	4041
the Internal Revenue Code of 1986 when the building is to be used	4042
exclusively for the organization's exempt purposes; building and	4043
construction materials sold for incorporation into the original	4044
construction of a sports facility under section 307.696 of the	4045
Revised Code; and building and construction materials and services	4046
sold to a construction contractor for incorporation into real	4047
property outside this state if such materials and services, when	4048
sold to a construction contractor in the state in which the real	4049
property is located for incorporation into real property in that	4050
state, would be exempt from a tax on sales levied by that state;	4051

(14) Sales of ships or vessels or rail rolling stock used or	4052
to be used principally in interstate or foreign commerce, and	4053
repairs, alterations, fuel, and lubricants for such ships or	4054
vessels or rail rolling stock;	4055

(15) Sales to persons primarily engaged in any of the	4056
activities mentioned in division (B)(42)(a) or (g) of this	4057
section, to persons engaged in making retail sales, or to persons	4058
who purchase for sale from a manufacturer tangible personal	4059
property that was produced by the manufacturer in accordance with	4060
specific designs provided by the purchaser, of packages, including	4061
material, labels, and parts for packages, and of machinery,	4062
equipment, and material for use primarily in packaging tangible	4063
personal property produced for sale, including any machinery,	4064
equipment, and supplies used to make labels or packages, to	4065
prepare packages or products for labeling, or to label packages or	4066
products, by or on the order of the person doing the packaging, or	4067
sold at retail. "Packages" includes bags, baskets, cartons,	4068
crates, boxes, cans, bottles, bindings, wrappings, and other	4069
similar devices and containers, but does not include motor	4070
vehicles or bulk tanks, trailers, or similar devices attached to	4071
motor vehicles. "Packaging" means placing in a package. Division	4072
(B)(15) of this section does not apply to persons engaged in	4073
highway transportation for hire.	4074

(16) Sales of food to persons using food stamp benefits to	4075
purchase the food. As used in this division, "food" has the same	4076
meaning as in the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.	4077
2012, as amended, and federal regulations adopted pursuant to that	4078
act.	4079

(17) Sales to persons engaged in farming, agriculture,	4080
horticulture, or floriculture, of tangible personal property for	4081
use or consumption directly in the production by farming,	4082
agriculture, horticulture, or floriculture of other tangible	4083
personal property for use or consumption directly in the	4084
production of tangible personal property for sale by farming,	4085
agriculture, horticulture, or floriculture; or material and parts	4086
for incorporation into any such tangible personal property for use	4087
or consumption in production; and of tangible personal property	4088
for such use or consumption in the conditioning or holding of	4089
products produced by and for such use, consumption, or sale by	4090
persons engaged in farming, agriculture, horticulture, or	4091
floriculture, except where such property is incorporated into real	4092
property;	4093

(18) Sales of drugs for a human being that may be dispensed	4094
only pursuant to a prescription; insulin as recognized in the	4095
official United States pharmacopoeia; urine and blood testing	4096
materials when used by diabetics or persons with hypoglycemia to	4097
test for glucose or acetone; hypodermic syringes and needles when	4098
used by diabetics for insulin injections; epoetin alfa when	4099
purchased for use in the treatment of persons with medical	4100
disease; hospital beds when purchased by hospitals, nursing homes,	4101
or other medical facilities; and medical oxygen and medical	4102
oxygen-dispensing equipment when purchased by hospitals, nursing	4103
homes, or other medical facilities;	4104

(19) Sales of prosthetic devices, durable medical equipment	4105
for home use, or mobility enhancing equipment, when made pursuant	4106
to a prescription and when such devices or equipment are for use	4107
by a human being.	4108

(20) Sales of emergency and fire protection vehicles and	4109
equipment to nonprofit organizations for use solely in providing	4110
fire protection and emergency services, including trauma care and	4111
emergency medical services, for political subdivisions of the	4112
state;	4113

(21) Sales of tangible personal property manufactured in this	4114
state, if sold by the manufacturer in this state to a retailer for	4115
use in the retail business of the retailer outside of this state	4116
and if possession is taken from the manufacturer by the purchaser	4117
within this state for the sole purpose of immediately removing the	4118
same from this state in a vehicle owned by the purchaser;	4119

(22) Sales of services provided by the state or any of its	4120
political subdivisions, agencies, instrumentalities, institutions,	4121
or authorities, or by governmental entities of the state or any of	4122
its political subdivisions, agencies, instrumentalities,	4123
institutions, or authorities;	4124

(23) Sales of motor vehicles to nonresidents of this state	4125
under the circumstances described in division (B) of section	4126
5739.029 of the Revised Code;	4127

(24) Sales to persons engaged in the preparation of eggs for	4128
sale of tangible personal property used or consumed directly in	4129
such preparation, including such tangible personal property used	4130
for cleaning, sanitizing, preserving, grading, sorting, and	4131
classifying by size; packages, including material and parts for	4132
packages, and machinery, equipment, and material for use in	4133
packaging eggs for sale; and handling and transportation equipment	4134
and parts therefor, except motor vehicles licensed to operate on	4135
public highways, used in intraplant or interplant transfers or	4136
shipment of eggs in the process of preparation for sale, when the	4137
plant or plants within or between which such transfers or	4138
shipments occur are operated by the same person. "Packages"	4139
includes containers, cases, baskets, flats, fillers, filler flats,	4140
cartons, closure materials, labels, and labeling materials, and	4141
"packaging" means placing therein.	4142

(25)(a) Sales of water to a consumer for residential use,	4143
except the sale of bottled water, distilled water, mineral water,	4144
carbonated water, or ice;	4145

(b) Sales of water by a nonprofit corporation engaged	4146
exclusively in the treatment, distribution, and sale of water to	4147
consumers, if such water is delivered to consumers through pipes	4148
or tubing.	4149

(26) Fees charged for inspection or reinspection of motor	4150
vehicles under section 3704.14 of the Revised Code;	4151

(27) Sales to persons licensed to conduct a food service	4152
operation pursuant to section 3717.43 of the Revised Code, of	4153
tangible personal property primarily used directly for the	4154
following:	4155

(a) To prepare food for human consumption for sale;

4156

(b) To preserve food that has been or will be prepared for	4157
human consumption for sale by the food service operator, not	4158
including tangible personal property used to display food for	4159
selection by the consumer;	4160

(c) To clean tangible personal property used to prepare or	4161
serve food for human consumption for sale.	4162

(28) Sales of animals by nonprofit animal adoption services	4163
or county humane societies;	4164

(29) Sales of services to a corporation described in division	4165
(A) of section 5709.72 of the Revised Code, and sales of tangible	4166
personal property that qualifies for exemption from taxation under	4167
section 5709.72 of the Revised Code;	4168

(30) Sales and installation of agricultural land tile, as	4169
defined in division (B)(5)(a) of section 5739.01 of the Revised	4170
Code;	4171

(31) Sales and erection or installation of portable grain	4172
bins, as defined in division (B)(5)(b) of section 5739.01 of the	4173
Revised Code;	4174

(32) The sale, lease, repair, and maintenance of, parts for,	4175
or items attached to or incorporated in, motor vehicles that are	4176
primarily used for transporting tangible personal property	4177
belonging to others by a person engaged in highway transportation	4178
for hire, except for packages and packaging used for the	4179
transportation of tangible personal property;	4180

(33) Sales to the state headquarters of any veterans'	4181
organization in this state that is either incorporated and issued	4182
a charter by the congress of the United States or is recognized by	4183
the United States veterans administration, for use by the	4184
headquarters;	4185

(34) Sales to a telecommunications service vendor, mobile	4186
telecommunications service vendor, or satellite broadcasting	4187
service vendor of tangible personal property and services used	4188
directly and primarily in transmitting, receiving, switching, or	4189
recording any interactive, one- or two-way electromagnetic	4190
communications, including voice, image, data, and information,	4191
through the use of any medium, including, but not limited to,	4192
poles, wires, cables, switching equipment, computers, and record	4193
storage devices and media, and component parts for the tangible	4194
personal property. The exemption provided in this division shall	4195
be in lieu of all other exemptions under division (B)(42)(a) of	4196
this section to which the vendor may otherwise be entitled, based	4197
upon the use of the thing purchased in providing the	4198
telecommunications, mobile telecommunications, or satellite	4199
broadcasting service.	4200

(35)(a) Sales where the purpose of the consumer is to use or	4201
consume the things transferred in making retail sales and	4202
consisting of newspaper inserts, catalogues, coupons, flyers, gift	4203
certificates, or other advertising material that prices and	4204
describes tangible personal property offered for retail sale.	4205

(b) Sales to direct marketing vendors of preliminary	4206
materials such as photographs, artwork, and typesetting that will	4207
be used in printing advertising material; of printed matter that	4208
offers free merchandise or chances to win sweepstake prizes and	4209
that is mailed to potential customers with advertising material	4210
described in division (B)(35)(a) of this section; and of equipment	4211
such as telephones, computers, facsimile machines, and similar	4212
tangible personal property primarily used to accept orders for	4213
direct marketing retail sales.	4214

(c) Sales of automatic food vending machines that preserve	4215
food with a shelf life of forty-five days or less by refrigeration	4216
and dispense it to the consumer.	4217

For purposes of division (B)(35) of this section, "direct	4218
marketing" means the method of selling where consumers order	4219
tangible personal property by United States mail, delivery	4220
service, or telecommunication and the vendor delivers or ships the	4221
tangible personal property sold to the consumer from a warehouse,	4222
catalogue distribution center, or similar fulfillment facility by	4223
means of the United States mail, delivery service, or common	4224
carrier.	4225

(36) Sales to a person engaged in the business of	4226
horticulture or producing livestock of materials to be	4227
incorporated into a horticulture structure or livestock structure;	4228

(37) Sales of personal computers, computer monitors, computer	4229
keyboards, modems, and other peripheral computer equipment to an	4230
individual who is licensed or certified to teach in an elementary	4231
or a secondary school in this state for use by that individual in	4232
preparation for teaching elementary or secondary school students;	4233

(38) Sales to a professional racing team of any of the	4234
following:	4235

(a) Motor racing vehicles;

4236

(b) Repair services for motor racing vehicles;

4237

(c) Items of property that are attached to or incorporated in	4238
motor racing vehicles, including engines, chassis, and all other	4239
components of the vehicles, and all spare, replacement, and	4240
rebuilt parts or components of the vehicles; except not including	4241
tires, consumable fluids, paint, and accessories consisting of	4242
instrumentation sensors and related items added to the vehicle to	4243
collect and transmit data by means of telemetry and other forms of	4244
communication.	4245

(39) Sales of used manufactured homes and used mobile homes,	4246
as defined in section 5739.0210 of the Revised Code, made on or	4247
after January 1, 2000;	4248

(40) Sales of tangible personal property and services to a	4249
provider of electricity used or consumed directly and primarily in	4250
generating, transmitting, or distributing electricity for use by	4251
others, including property that is or is to be incorporated into	4252
and will become a part of the consumer's production, transmission,	4253
or distribution system and that retains its classification as	4254
tangible personal property after incorporation; fuel or power used	4255
in the production, transmission, or distribution of electricity;	4256
and tangible personal property and services used in the repair and	4257
maintenance of the production, transmission, or distribution	4258
system, including only those motor vehicles as are specially	4259
designed and equipped for such use. The exemption provided in this	4260
division shall be in lieu of all other exemptions in division	4261
(B)(42)(a) of this section to which a provider of electricity may	4262
otherwise be entitled based on the use of the tangible personal	4263
property or service purchased in generating, transmitting, or	4264
distributing electricity.	4265

(41) Sales to a person providing services under division	4266
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	4267
personal property and services used directly and primarily in	4268
providing taxable services under that section.	4269

(42) Sales where the purpose of the purchaser is to do any of	4270
the following:	4271

(a) To incorporate the thing transferred as a material or a	4272
part into tangible personal property to be produced for sale by	4273
manufacturing, assembling, processing, or refining; or to use or	4274
consume the thing transferred directly in producing tangible	4275
personal property for sale by mining, including, without	4276
limitation, the extraction from the earth of all substances that	4277
are classed geologically as minerals, production of crude oil and	4278
natural gas, farming, agriculture, horticulture, or floriculture,	4279
or directly in the rendition of a public utility service, except	4280
that the sales tax levied by this section shall be collected upon	4281
all meals, drinks, and food for human consumption sold when	4282
transporting persons. Persons engaged in rendering farming,	4283
agricultural, horticultural, or floricultural services, and	4284
services in the exploration for, and production of, crude oil and	4285
natural gas, for others are deemed engaged directly in farming,	4286
agriculture, horticulture, and floriculture, or exploration for,	4287
and production of, crude oil and natural gas. This paragraph does	4288
not exempt from "retail sale" or "sales at retail" the sale of	4289
tangible personal property that is to be incorporated into a	4290
structure or improvement to real property.	4291

(b) To hold the thing transferred as security for the	4292
performance of an obligation of the vendor;	4293

(c) To resell, hold, use, or consume the thing transferred as	4294
evidence of a contract of insurance;	4295

(d) To use or consume the thing directly in commercial	4296
fishing;	4297

(e) To incorporate the thing transferred as a material or a	4298
part into, or to use or consume the thing transferred directly in	4299
the production of, magazines distributed as controlled circulation	4300
publications;	4301

(f) To use or consume the thing transferred in the production	4302
and preparation in suitable condition for market and sale of	4303
printed, imprinted, overprinted, lithographic, multilithic,	4304
blueprinted, photostatic, or other productions or reproductions of	4305
written or graphic matter;	4306

(g) To use the thing transferred, as described in section	4307
5739.011 of the Revised Code, primarily in a manufacturing	4308
operation to produce tangible personal property for sale;	4309

(h) To use the benefit of a warranty, maintenance or service	4310
contract, or similar agreement, as described in division (B)(7) of	4311
section 5739.01 of the Revised Code, to repair or maintain	4312
tangible personal property, if all of the property that is the	4313
subject of the warranty, contract, or agreement would not be	4314
subject to the tax imposed by this section;	4315

(i) To use the thing transferred as qualified research and	4316
development equipment;	4317

(j) To use or consume the thing transferred primarily in	4318
storing, transporting, mailing, or otherwise handling purchased	4319
sales inventory in a warehouse, distribution center, or similar	4320
facility when the inventory is primarily distributed outside this	4321
state to retail stores of the person who owns or controls the	4322
warehouse, distribution center, or similar facility, to retail	4323
stores of an affiliated group of which that person is a member, or	4324
by means of direct marketing. This division does not apply to	4325
motor vehicles registered for operation on the public highways. As	4326
used in this division, "affiliated group" has the same meaning as	4327
in division (B)(3)(e) of section 5739.01 of the Revised Code and	4328
"direct marketing" has the same meaning as in division (B)(35) of	4329
this section.	4330

(k) To use or consume the thing transferred to fulfill a	4331
contractual obligation incurred by a warrantor pursuant to a	4332
warranty provided as a part of the price of the tangible personal	4333
property sold or by a vendor of a warranty, maintenance or service	4334
contract, or similar agreement the provision of which is defined	4335
as a sale under division (B)(7) of section 5739.01 of the Revised	4336
Code;	4337

(l) To use or consume the thing transferred in the production	4338
of a newspaper for distribution to the public;	4339

(m) To use tangible personal property to perform a service	4340
listed in division (B)(3) of section 5739.01 of the Revised Code,	4341
if the property is or is to be permanently transferred to the	4342
consumer of the service as an integral part of the performance of	4343
the service;	4344

(n) To use or consume the thing transferred in acquiring,	4345
formatting, editing, storing, and disseminating data or	4346
information by electronic publishing.	4347

As used in division (B)(42) of this section, "thing" includes	4348
all transactions included in divisions (B)(3)(a), (b), and (e) of	4349
section 5739.01 of the Revised Code.	4350

(43) Sales conducted through a coin operated device that	4351
activates vacuum equipment or equipment that dispenses water,	4352
whether or not in combination with soap or other cleaning agents	4353
or wax, to the consumer for the consumer's use on the premises in	4354
washing, cleaning, or waxing a motor vehicle, provided no other	4355
personal property or personal service is provided as part of the	4356
transaction.	4357

(44) Sales of replacement and modification parts for engines,	4358
airframes, instruments, and interiors in, and paint for, aircraft	4359
used primarily in a fractional aircraft ownership program, and	4360
sales of services for the repair, modification, and maintenance of	4361
such aircraft, and machinery, equipment, and supplies primarily	4362
used to provide those services.	4363

(45) Sales of telecommunications service that is used	4364
directly and primarily to perform the functions of a call center.	4365
As used in this division, "call center" means any physical	4366
location where telephone calls are placed or received in high	4367
volume for the purpose of making sales, marketing, customer	4368
service, technical support, or other specialized business	4369
activity, and that employs at least fifty individuals that engage	4370
in call center activities on a full-time basis, or sufficient	4371
individuals to fill fifty full-time equivalent positions.	4372

(46) Sales by a telecommunications service vendor of 900	4373
service to a subscriber. This division does not apply to	4374
information services, as defined in division (FF) of section	4375
5739.01 of the Revised Code.	4376

(47) Sales of value-added non-voice data service. This	4377
division does not apply to any similar service that is not	4378
otherwise a telecommunications service.	4379

(48)(a) Sales of machinery, equipment, and software to a	4380
qualified direct selling entity for use in a warehouse or	4381
distribution center primarily for storing, transporting, or	4382
otherwise handling inventory that is held for sale to independent	4383
salespersons who operate as direct sellers and that is held	4384
primarily for distribution outside this state;	4385

(b) As used in division (B)(48)(a) of this section:

4386

(i) "Direct seller" means a person selling consumer products	4387
to individuals for personal or household use and not from a fixed	4388
retail location, including selling such product at in-home product	4389
demonstrations, parties, and other one-on-one selling.	4390

(ii) "Qualified direct selling entity" means an entity	4391
selling to direct sellers at the time the entity enters into a tax	4392
credit agreement with the tax credit authority pursuant to section	4393
122.17 of the Revised Code, provided that the agreement was	4394
entered into on or after January 1, 2007. Neither contingencies	4395
relevant to the granting of, nor later developments with respect	4396
to, the tax credit shall impair the status of the qualified direct	4397
selling entity under division (B)(48) of this section after	4398
execution of the tax credit agreement by the tax credit authority.	4399

(c) Division (B)(48) of this section is limited to machinery,	4400
equipment, and software first stored, used, or consumed in this	4401
state within the period commencing ~~with the effective date of the~~	4402
~~amendment of this section by the capital appropriations act of the~~	4403
~~127th general assembly~~June 24, 2008, and ending on the date that	4404
is five years after that ~~effective~~ date.	4405

(49) Sales of materials, parts, equipment, or engines used	4406
in the repair or maintenance of aircraft or avionics systems of	4407
such aircraft, and sales of repair, remodeling, replacement, or	4408
maintenance services ~~at a federal aviation administration~~	4409
~~certified repair station~~ in this state performed on aircraft or	4410
on an aircraft's avionics, engine, or component materials or	4411
parts. As used in division (B)(49) of this section, "aircraft"	4412
means aircraft of more than six thousand pounds maximum certified	4413
takeoff weight or used exclusively in general aviation.	4414

(50) Sales of full flight simulators that are used for pilot	4415
or flight-crew training, sales of repair or replacement parts or	4416
components, and sales of repair or maintenance services for such	4417
full flight simulators. "Full flight simulator" means a replica	4418
of a specific type, or make, model, and series of aircraft	4419
cockpit. It includes the assemblage of equipment and computer	4420
programs necessary to represent aircraft operations in ground and	4421
flight conditions, a visual system providing an	4422
out-of-the-cockpit view, and a system that provides cues at	4423
least equivalent to those of a three-degree-of-freedom motion	4424
system, and has the full range of capabilities of the systems	4425
installed in the device as described in appendices A and B of	4426
part 60 of chapter 1 of title 14 of the Code of Federal	4427
Regulations.	4428

(C) For the purpose of the proper administration of this	4429
chapter, and to prevent the evasion of the tax, it is presumed	4430
that all sales made in this state are subject to the tax until the	4431
contrary is established.	4432

(D) The levy of this tax on retail sales of recreation and	4433
sports club service shall not prevent a municipal corporation from	4434
levying any tax on recreation and sports club dues or on any	4435
income generated by recreation and sports club dues.	4436

(E) The tax collected by the vendor from the consumer under	4437
this chapter is not part of the price, but is a tax collection for	4438
the benefit of the state, and of counties levying an additional	4439
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	4440
Code and of transit authorities levying an additional sales tax	4441
pursuant to section 5739.023 of the Revised Code. Except for the	4442
discount authorized under section 5739.12 of the Revised Code and	4443
the effects of any rounding pursuant to section 5703.055 of the	4444
Revised Code, no person other than the state or such a county or	4445
transit authority shall derive any benefit from the collection or	4446
payment of the tax levied by this section or section 5739.021,	4447
5739.023, or 5739.026 of the Revised Code.	4448

Section 101.02. That existing sections 117.11, 133.20,	4449
145.297, 717.02, 733.40, 1901.024, 1901.07, 1901.08, 1901.31,	4450
1907.20, 2949.111, 3301.0715, 3302.04, 3302.10, 3313.97, 3314.03,	4451
3326.17, 3333.375, 3375.49, 3375.50, 4513.35, 5111.89, 5111.891,	4452
5111.894, 5709.75, and 5739.02 and sections 3375.48, 3375.51,	4453
3375.52, 3375.53, 3375.54, 3375.55, and 3375.56 of the Revised	4454
Code are hereby repealed.	4455

Section 101.03. That section 3375.49 of the Revised Code, as	4456
amended by this act, is hereby repealed effective December 31,	4457
2009.	4458

Section 201.01. That Sections 309.30.50 and 309.30.53 of Am.	4459
Sub. H.B. 119 of the 127th General Assembly be amended to read as	4460
follows:	4461

Sec. 309.30.50. HOME FIRST PROGRAM - PASSPORT

4462

(A) On a quarterly basis, on receipt of the certified	4463
expenditures related to section 173.401 of the Revised Code, the	4464
Director of Budget and Management shall do all of the following	4465
for fiscal years 2008 and 2009:	4466

(1) Transfer the state share of the amount of the actual	4467
expenditures from GRF appropriation item 600-525, Health	4468
Care/Medicaid, to GRF appropriation item 490-403, PASSPORT;	4469

(2) Increase the appropriation in Ohio Department of Aging	4470
Fund 3C4, appropriation item 490-607, PASSPORT, by the federal	4471
share of the amount of the actual expenditures;	4472

(3) Increase the appropriation in JFS Fund 3G5, appropriation	4473
item 600-655, Interagency Reimbursement, by the federal share of	4474
the amount of the actual expenditures.	4475

The funds that the Director of Budget and Management	4476
transfers and increases under this division are hereby	4477
appropriated.	4478

(B) The individuals placed in the PASSPORT program pursuant	4479
to this section shall be in addition to the individuals placed in	4480
the PASSPORT program during fiscal years 2008 and 2009 based on	4481
the amount of money that is in GRF appropriation item 490-403,	4482
PASSPORT; Fund 4J4, appropriation item 490-610,	4483
PASSPORT/Residential State Supplement; Fund 4U9, appropriation	4484
item 490-602, PASSPORT Fund; and Fund 3C4, appropriation item	4485
490-607, PASSPORT, before any transfers to GRF appropriation item	4486
490-403, PASSPORT, and Fund 3C4, appropriation item 490-607,	4487
PASSPORT, are made under this section.	4488

Sec. 309.30.53. HOME FIRST PROGRAM - RESIDENTIAL STATE	4489
SUPPLEMENT ~~TRANSFER~~	4490

On a quarterly basis, on receipt of the certified residential	4491
state supplement costs related to section 173.351 of the Revised	4492
Code, the Director of Budget and Management shall do the	4493
following:	4494

(A) Transfer the state share of the amount of the estimated	4495
costs from GRF appropriation item 600-525, Health Care/Medicaid,	4496
to GRF appropriation item 490-412, Residential State Supplement;	4497

(B) The Department of Aging may transfer cash by intrastate	4498
transfer vouchers from the foregoing appropriation item 490-412,	4499
Residential State Supplement, and 490-610, PASSPORT/Residential	4500
State Supplement, to the Department of Job and Family Services	4501
Fund 4J5, Home and Community-Based Services for the Aged Fund. The	4502
funds shall be used to make benefit payments to Residential State	4503
Supplement recipients.	4504

The funds that the Director of Budget and Management	4505
transfers and increases under this division are hereby	4506
appropriated.	4507

Section 201.02. That existing Sections 309.30.50 and	4508
309.50.53 of Am. Sub. H.B. 119 of the 127th General Assembly are	4509
hereby repealed.	4510

Section 203.01. That Sections 201.60.20, 201.60.30,	4511
301.40.10, and 301.60.50 of H.B. 496 of the 127th General	4512
Assembly be amended to read as follows:	4513

Reappropriations

Sec. 201.60.20. DMH DEPARTMENT OF MENTAL HEALTH

4514

STATEWIDE AND CENTRAL OFFICE PROJECTS	4515

C58000	Hazardous Materials Abatement	$	254,808	4516
C58001	Community Assistance Projects	$	~~5,196,466~~ 4,696,466	4517
C58002	Campus Consolidation - Automation	$	318,720	4518
C58004	Demolition	$	661,655	4519
C58005	Life Safety/Critical Plant Renovations	$	65,729	4520
C58006	Patient Care/Environment Improvement	$	998,268	4521
C58007	Infrastructure Renovations	$	12,635,238	4522
C58008	Emergency Improvements	$	2,843,566	4523
C58009	Patient Environment Improvement Consolidation	$	176,853	4524
C58010	Campus Consolidation	$	8,664,798	4525
Total Department of Mental Health		$	~~31,816,101~~ 31,316,101	4526

Of the foregoing appropriation item C58001, Community	4527
Assistance Projects, ~~$500,000 shall be used for the Mayerson~~	4528
~~Center,~~ $350,000 shall be used for the Chabad House, $200,000	4529
shall be used for the Talbert House, and $250,000 shall be used	4530
for the Berea Children's Home.	4531

The amount reappropriated for the foregoing appropriation	4532
item C58001, Community Assistance Projects, is the unencumbered	4533
unallotted balance, as of June 30, 2008, in appropriation item	4534
C58001, Community Assistance Projects, minus $250,000.	4535

Reappropriations

Sec. 201.60.30. DMR DEPARTMENT OF MENTAL RETARDATION AND	4536
DEVELOPMENTAL DISABILITIES	4537

STATEWIDE PROJECTS	4538

C59000	Asbestos Abatement	$	999,637	4539
C59004	Community Assistance Projects	$	1,202,040	4540
~~C59019~~	~~North Olmsted Welcome House~~	$	~~100,000~~	4541
C59020	Kamp Dovetail Project at Rocky Fork Lake State Park	$	100,000	4542
C59022	Razing of Buildings	$	80,595	4543
C59024	Telecommunications Systems Improvement	$	774,454	4544
C59029	Emergency Generator Replacement	$	1,049,606	4545
C59034	Statewide Developmental Centers	$	5,479,662	4546
C59050	Emergency Improvements	$	634,970	4547
Total Statewide and Central Office Projects		$	~~10,420,964~~ 10,320,964	4548

COMMUNITY ASSISTANCE PROJECTS

4549

The foregoing appropriation item C59004, Community Assistance	4550
Projects, may be used to provide community assistance funds for	4551
the construction or renovation of facilities for day programs or	4552
residential programs that provide services to persons eligible for	4553
services from the Department of Mental Retardation and	4554
Developmental Disabilities or county boards of mental retardation	4555
and developmental disabilities. Any funds provided to nonprofit	4556
agencies for the construction or renovation of facilities for	4557
persons eligible for services from the Department of Mental	4558
Retardation and Developmental Disabilities and county boards of	4559
mental retardation and developmental disabilities are subject to	4560
the prevailing wage provisions in section 176.05 of the Revised	4561
Code.	4562

Notwithstanding any other provision of law to the contrary,	4563
of the foregoing appropriation item C59004, Community Assistance	4564
Projects, $75,000 shall be used for the Hanson Home.	4565

STATEWIDE DEVELOPMENTAL CENTERS	4566

CAMBRIDGE DEVELOPMENTAL CENTER	4567

C59005	Residential Renovations - CAMDC	$	41,398	4568
C59023	HVAC Renovations - Residential Buildings	$	1,000	4569
C59025	Cambridge HVAC Upgrade - Activity Center	$	3,538	4570
C59046	Utility Upgrade Centerwide	$	5,960	4571
Total Cambridge Developmental Center		$	51,896	4572

COLUMBUS DEVELOPMENTAL CENTER	4573

C59036		Columbus Developmental Center		$	8,162		4574
Total Columbus Developmental Center				$	8,162		4575

GALLIPOLIS DEVELOPMENTAL CENTER	4576

C59027	HVAC Replacements	$	4,873	4577
C59037	Gallipolis Developmental Center	$	21,849	4578
Total Gallipolis Developmental Center		$	26,722	4579

MONTGOMERY DEVELOPMENTAL CENTER	4580

C59038		Montgomery Developmental Center		$	43,634		4581
Total Montgomery Developmental Center				$	43,634		4582

MOUNT VERNON DEVELOPMENTAL CENTER	4583

C59039		Mount Vernon Developmental Center		$	160,353		4584
Total Mount Vernon Developmental Center				$	160,353		4585

NORTHWEST OHIO DEVELOPMENTAL CENTER	4586

C59030	Replace Chiller	$	8,535	4587
C59040	Northwest Ohio Developmental Center	$	11,171	4588
Total Northwest Ohio Developmental Center		$	19,706	4589

SOUTHWEST OHIO DEVELOPMENTAL CENTER	4590

C59016	Residential Renovation - HVAC Upgrade	$	23,075	4591
C59041	Southwest Ohio Developmental Center	$	14,566	4592
C59048	Renovation Program and Support Services Building	$	3,900	4593
Total Southwest Ohio Developmental Center		$	41,541	4594

TIFFIN DEVELOPMENTAL CENTER	4595

C59026	Roof and Exterior Renovations	$	19,666	4596
C59043	Tiffin Developmental Center	$	20,696	4597
Total Tiffin Developmental Center		$	40,362	4598

WARRENSVILLE DEVELOPMENTAL CENTER	4599

C59017	Residential Renovations - WDC	$	5,057	4600
C59021	Water Line Replacement - WDC	$	16,267	4601
C59031	ADA Compliance - WDC	$	3,628	4602
C59044	Warrensville Developmental Center	$	29,860	4603
Total Warrensville Developmental Center		$	54,812	4604

YOUNGSTOWN DEVELOPMENTAL CENTER	4605

C59045		Youngstown Developmental Center		$	24,400		4606
Total Youngstown Developmental Center				$	24,400		4607

TOTAL Department of Mental Retardation			4608
and Developmental Disabilities	$	~~10,892,552~~ 10,792,552	4609
TOTAL Mental Health Facilities Improvement Fund	$	~~43,684,415~~ 43,084,415	4610

Reappropriations

Sec. 301.40.10. CTC CINCINNATI STATE TECHNICAL AND COMMUNITY	4612
COLLEGE	4613

C36100	Interior Renovations	$	2,258	4614
C36101	Basic Renovations	$	4,771	4615
C36102	Health Professions Building Planning	$	1,468	4616
C36103	Instructional and Data Processing Equipment	$	344,030	4617
C36109	Brick Repair and Weatherproofing	$	225,359	4618
C36110	Energy Management-Motor Replacement	$	377,899	4619
C36111	Roof Replacement	$	661,573	4620
C36112	Neighborhood Health Care	$	175,000	4621
C36113	Freestore Foodbank	$	500,000	4622
C36122	Mayerson Center	$	500,000	4623
Total Cincinnati State Community College		$	~~2,292,358~~ 2,792,358	4624

Reappropriations

Sec. 301.60.50. STC STARK TECHNICAL COLLEGE

4626

C38900	Basic Renovations	$	374,496	4627
C38901	Instructional and Data Processing Equipment	$	22,356	4628
C38903	Timken Regional Campus Technology Project	$	219,659	4629
C38912	Health and Science Building	$	4,814,648	4630
Total Stark Technical College		$	5,431,159	4631
TOTAL Higher Education Improvement Fund		$	~~828,056,976~~ 828,556,976	4632

Section 203.02. That existing Sections 201.60.20, 201.60.30,	4634
301.40.10, and 301.60.50 of H.B. 496 of the 127th General Assembly	4635
are hereby repealed.	4636

Section 205.01. That Sections 227.10, 231.10.20, 231.20.30,	4637
233.30.40, 233.40.10, 233.50.20, and 233.50.80 of Am. Sub. H.B.	4638
562 of the 127th General Assembly be amended to read as follows:	4639

Sec. 227.10. The items set forth in this section are hereby	4640
appropriated out of any moneys in the state treasury to the	4641
credit of the Cultural and Sports Facilities Building Fund (Fund	4642
7030) that are not otherwise appropriated.	4643

Appropriations

AFC CULTURAL FACILITIES COMMISSION	4644

C37118	Statewide Site Repairs	$	650,000	4645
C37120	Cincinnati Museum Center	$	2,500,000	4646
C37122	Akron Art Museum	$	700,000	4647
C37123	Youngstown Symphony Orchestra	$	675,000	4648
C37127	Cedar Bog	$	50,000	4649
C37139	Stan Hywet Hall & Gardens	$	1,050,000	4650
C37140	McKinley Museum Improvements	$	200,000	4651
C37142	Midland Theatre Improvements	$	300,000	4652
C37148	Hayes Presidential Center	$	150,000	4653
C37152	Zoar Village Building Restoration	$	90,000	4654
C37153	Basic Renovations and Emergency Repairs	$	850,000	4655
C37158	Rankin House Restoration and Development	$	242,000	4656
C37163	Harding Home and Tomb	$	340,000	4657
C37165	Ohio Historical Center Rehabilitation	$	514,000	4658
C37187	Renaissance Theatre	$	900,000	4659
C37188	Trumpet in the Land Facility	$	150,000	4660
C371A3	Voice of America Museum Facility	$	500,000	4661
C371A9	Western Reserve Historical Society	$	300,000	4662
C371C7	Music Hall Facility	$	1,100,000	4663
C371E5	Pro Football Hall of Fame	$	500,000	4664
C371F6	Colony Theater	$	250,000	4665
C371G4	Collections Storage Facility and Learning Center	$	1,240,000	4666
C371G6	Lockington Locks Stabilization	$	462,000	4667
C371H2	National Underground Railroad Freedom Center	$	850,000	4668
C371H5	Heritage Center of Dayton Manufacturing & Entrepreneurship	$	1,000,000	4669
C371H7	COSI - Columbus	$	500,000	4670
C371H8	Columbus Museum of Art	$	1,500,000	4671
C371J3	Davis-Shai Historical Facility	$	725,000	4672
C371J4	Massillon Museum Improvements	$	150,000	4673
C371J6	Peggy McConnell Arts Center - Worthington	$	475,000	4674
C371J9	Stambaugh Auditorium	$	675,000	4675
C371K3	Cincinnati Ballet	$	250,000	4676
C371L3	Ukrainian Museum	$	50,000	4677
C371L4	Gordon Square Arts District	$	1,800,000	4678
C371M8	Hale Farm and Village	$	200,000	4679
C371O9	Historic Site-Signage - Phase II	$	50,000	4680
C371P4	Cleveland Playhouse	$	150,000	4681
C371P9	Civil War Site Improvements	$	475,000	4682
C371Q0	On-Line Portal to Ohio's Heritage	$	427,000	4683
C371Q1	Lucas County Multi-purpose Sports Arena	$	2,200,000	4684
C371Q2	Ballpark Village project	$	2,000,000	4685
C371Q5	Cincinnati Zoo	$	1,500,000	4686
C371Q6	Cincinnati Art Museum	$	1,500,000	4687
C371R0	King Arts Complex	$	861,000	4688
C371R3	Loudonville Opera House	$	600,000	4689
C371R4	Eagles Palace Theater	$	410,000	4690
C371R6	Historic McCook House	$	500,000	4691
C371R7	Jeffrey Mansion in Bexley	$	475,000	4692
C371R8	Columbus Zoo and Aquarium	$	500,000	4693
C371S0	Towpath Trail	$	500,000	4694
C371S1	Museum of Contemporary Art Cleveland	$	450,000	4695
C371S2	Arts in Stark Cultural Center	$	150,000	4696
C371S3	Ohio Genealogical Society	$	350,000	4697
C371S5	The Fine Arts Association	$	300,000	4698
C371S7	Maltz Museum of Jewish Heritage	$	300,000	4699
C371S8	Allen County Historical Society Museum Renovation	$	280,000	4700
C371S9	Portsmouth Mural	$	250,000	4701
~~C371T0~~	~~Mt. Vernon - Nazarene University Arts Center~~	$	~~300,000~~	4702
C371T2	Bucyrus Little Theater Restoration Project	$	250,000	4703
C371T3	Boonshoft Museum of Discovery	$	250,000	4704
C371T5	Cliffton Cultural Arts Center	$	250,000	4705
C371T6	Baltimore Theatre	$	50,000	4706
C371T7	Rock Mill Park Improvements	$	150,000	4707
C371T9	Cozad-Bates House Historic Project	$	100,000	4708
C371U3	Lake Erie Nature & Science Center	$	200,000	4709
C371U4	Great Lakes Science Center	$	300,000	4710
C371U5	Cleveland Zoological Society	$	150,000	4711
C371U8	Kidron Historical Society - Sonnenberg Village project	$	200,000	4712
C371V0	Chesterhill Union Hall Theatre	$	25,000	4713
C371V1	Geauga County Historical Society - Maple Museum	$	20,000	4714
C371V2	Hallsville Historical Society	$	100,000	4715
C371V3	Fayette County Historical Society	$	150,000	4716
C371V4	Covedale Theatre	$	100,000	4717
C371V5	Mariemont City - Women's Cultural Arts Center	$	220,000	4718
C371V6	Madeira Historical Society/Miller House	$	60,000	4719
C371V7	Sylvania Historic Village restoration	$	200,000	4720
C371V9	Henry County Historical Society museum	$	59,000	4721
C371W0	Antwerp Railroad Depot historic building	$	106,000	4722
C371W1	Village of Edinburg Veterans Memorial	$	35,000	4723
C371W2	Lorain County Historical Society Horace Starr House	$	200,000	4724
C371W3	North Ridgeville Historic Community Theater	$	175,000	4725
C371W4	Redbrick Center for the Arts	$	200,000	4726
C371W5	Irene Lawrence Fuller Historic House	$	250,000	4727
C371W6	Preble County Historical Society Amphitheater	$	250,000	4728
C371W7	BalletTech	$	200,000	4729
C371W8	Cincinnati Museum Center - Eulett Center	$	150,000	4730
C371W9	Rickenbacker Boyhood Home	$	139,000	4731
C371X0	Rivers Edge Amphitheater project	$	100,000	4732
C371X1	Variety Theater	$	85,000	4733
C371X2	Morgan Township Historical Society	$	80,000	4734
C371X3	Salem Community Theater	$	53,000	4735
C371X4	Our House State Memorial	$	50,000	4736
C371X5	Belle's Opera House Improvements	$	50,000	4737
C371X6	Warren Veterans memorial	$	50,000	4738
C371X7	Huntington Playhouse	$	40,000	4739
C371X8	Cambridge Performing Arts Center	$	37,500	4740
C371X9	Old Harvey Historic School Restoration	$	25,000	4741
C371Y0	Dalton Community Historical Society	$	10,000	4742
C371Y1	Mohawk Veterans' Memorial	$	15,000	4743
C371Y2	Cleveland Museum of Natural History	$	150,000	4744
C371Y3	Fire Museum	$	83,334	4745
C371Y4	New Town Indian Artifact Museum	$	300,000	4746
C371Y5	City of Perrysburg Fort Meigs	$	200,000	4747
C371Y6	Historic League Park Restoration	$	150,000	4748
C371Y8	Madisonville Arts Center of Hamilton County	$	36,000	4749
C371Z0	Marietta Citizens Armory Cultural Center	$	200,000	4750
C371Z1	Great Lakes Historical Museum	$	200,000	4751
C371Z3	Port of Lorain Foundation - Lorain Lighthouse Restoration	$	190,000	4752
Total Cultural Facilities Commission		$	~~43,059,834~~ 42,759,834	4753
TOTAL Cultural and Sports Facilities Building Fund		$	~~43,059,834~~ 42,759,834	4754

Of the foregoing appropriation item C371Q5, Cincinnati Zoo,	4755
$750,000 shall be used for the Cat Canyon/Small Cat Reproduction	4756
Center project.	4757

Appropriations

Sec. 231.10.20. DMH DEPARTMENT OF MENTAL HEALTH

4758

C58000	Hazardous Material Abatement	$	500,000	4759
C58001	Community Assistance Projects	$	~~9,160,000~~ 9,410,000	4760
C58006	Patient Care Environment Improvement	$	3,700,000	4761
C58007	Infrastructure Improvements	$	4,600,000	4762
C58010	Campus Consolidation	$	83,700,000	4763
C58017	Bellefaire Jewish Children's Bureau	$	400,000	4764
C58018	Safety and Security Improvements	$	1,460,000	4765
C58019	Energy Conservation Projects	$	750,000	4766
C58020	Mandel Jewish Community Center	$	210,000	4767
C58021	Providence House	$	200,000	4768
Total Department of Mental Health		$	~~104,680,000~~ 104,930,000	4769

COMMUNITY ASSISTANCE PROJECTS

4770

Of the foregoing appropriation item C58001, Community	4771
Assistance Projects, $260,000 shall be used for the Christian	4772
Children's Home, $200,000 shall be used for the Michael's House	4773
Child Advocacy Center, $100,000 shall be used for the Children's	4774
Home of Cincinnati, $100,000 shall be used for the Achievement	4775
Centers for Children, $100,000 shall be used for the Shaw JCC,	4776
$100,000 shall be used for Someplace Safe, $250,000 shall be used	4777
for Magnolia Clubhouse, and $300,000 shall be used for the	4778
Berea Children's Home.	4779

Appropriations

Sec. 231.20.30. DMR DEPARTMENT OF MENTAL RETARDATION AND	4780
DEVELOPMENTAL DISABILITIES	4781

STATEWIDE AND CENTRAL OFFICE PROJECTS	4782

C59004	Community Assistance Projects	$	~~13,301,537~~ 13,551,537	4783
C59022	Razing of Buildings	$	200,000	4784
C59024	Telecommunications	$	400,000	4785
C59029	Generator Replacement	$	1,000,000	4786
C59034	Statewide Developmental Centers	$	4,294,237	4787
C59050	Emergency Improvements	$	500,000	4788
C59051	Energy Conservation	$	500,000	4789
C59052	Guernsey County MRDD Boiler Replacement	$	275,000	4790
~~C59053~~	~~Magnolia Clubhouse~~	$	~~250,000~~	4791
C59054	Recreation Unlimited Life Center - Delaware	$	150,000	4792
C59055	Camp McKinley Improvements	$	30,000	4793
C59056	The Hope Learning Center	$	250,000	4794
~~C59057~~	~~North Olmstead Welcome House~~	$	~~150,000~~	4795
Total Statewide and Central Office Projects		$	~~21,300,774~~ 21,150,774	4796
TOTAL Department of Mental Retardation and Developmental Disabilities		$	~~21,300,774~~ 21,150,774	4797
TOTAL Mental Health Facilities Improvement Fund		$	~~127,330,774~~ 127,630,774	4798

COMMUNITY ASSISTANCE PROJECTS

4799

The foregoing appropriation item C59004, Community Assistance	4800
Projects, may be used to provide community assistance funds for	4801
the development, purchase, construction, or renovation of	4802
facilities for day programs or residential programs that provide	4803
services to persons eligible for services from the Department of	4804
Mental Retardation and Developmental Disabilities or county boards	4805
of mental retardation and developmental disabilities. Any funds	4806
provided to nonprofit agencies for the construction or renovation	4807
of facilities for persons eligible for services from the	4808
Department of Mental Retardation and Developmental Disabilities	4809
and county boards of mental retardation and developmental	4810
disabilities shall be governed by the prevailing wage provisions	4811
in section 176.05 of the Revised Code.	4812

Of the foregoing appropriation item C59004, Community	4813
Assistance Projects, $250,000 shall be used for North Olmsted	4814
Welcome House. Notwithstanding any provision of law to the	4815
contrary, North Olmsted Welcome House is not subject to the	4816
requirements of Chapter 153. of the Revised Code.	4817

Appropriations

Sec. 233.30.40. UCN UNIVERSITY OF CINCINNATI

4818

C26500	Basic Renovations	$	10,720,621	4819
C26501	Basic Renovations - Clermont	$	326,112	4820
C26502	Raymond Walters Renovations	$	501,195	4821
C26530	Medical Science Building Renovation & Expansion	$	26,412,509	4822
C26607	Consolidated Communication Project of Clermont County	$	475,000	4823
C26612	Clermont Renovations	$	751,132	4824
C26613	New Building	$	1,582,233	4825
C26614	Barrett Cancer Center	$	1,500,000	4826
C26615	Beech Acres	$	125,000	4827
C26616	Forest Park Homeland Security Facility	$	50,000	4828
C26617	Health Care Connection - Lincoln Heights	$	150,000	4829
C26618	People Working Cooperatively	$	120,000	4830
C26619	Sharonville Convention Center	$	950,000	4831
C26620	Society for the Prevention of Cruelty to Animals - Facility	$	100,000	4832
~~C26621~~	~~Mayerson Center~~	$	~~200,000~~	4833
Total University of Cincinnati		$	~~43,963,802~~ 43,763,802	4834

Appropriations

Sec. 233.40.10. CTC CINCINNATI STATE COMMUNITY COLLEGE

4836

C36101	Basic Renovations	$	1,255,923	4837
C36107	Classroom Upgrade Project	$	270,000	4838
C36113	Freestore Food Bank	$	100,000	4839
C36114	Lot C Parking Lot	$	250,000	4840
C36115	Ceiling Replacement	$	75,000	4841
C36116	Electrical Surge Protection	$	100,000	4842
C36117	Campus Signage	$	75,000	4843
C36118	Window and Garage Doors	$	175,659	4844
C36119	Window Replacement	$	100,000	4845
C36120	Blue Ash City Conference Center	$	150,000	4846
C36121	Hebrew Union College Archives	$	185,000	4847
C36122	Mayerson Center	$	200,000	4848
Total Cincinnati State Community College		$	~~2,736,582~~ 2,936,582	4849

Appropriations

Sec. 233.50.20. COT CENTRAL OHIO TECHNICAL COLLEGE

4851

C36900	Basic Renovations	$	306,291	4852
C36905	Founders Hall and Hopewell Hall Renovations	$	879,000	4853
C36907	COTC Expansion in Mt. Vernon	$	~~700,000~~ 1,000,000	4854
Total Central Ohio Technical College		$	~~1,885,291~~ 2,185,291	4855

Appropriations

Sec. 233.50.80. STC STARK TECHNICAL COLLEGE

4857

C38900	Basic Renovations	$	786,333	4858
C38913	Business Technologies Building	$	2,034,537	4859
C38914	Corporate and Community Services Facility	$	500,000	4860
Total Stark Technical College		$	3,320,870	4861
Total Board of Regents and				4862
Institutions of Higher Education		$	598,559,802	4863
TOTAL Higher Education Improvement Fund		$	~~608,809,802~~ 609,109,802	4864

Section 205.02. That existing Sections 227.10, 231.10.20,	4866
231.20.30, 233.30.40, 233.40.10, 233.50.20, and 233.50.80 of Am.	4867
Sub. H.B. 562 of the 127th General Assembly are hereby repealed.	4868

Section 207.01. That Section 525.10 of Am. Sub. H.B. 699 of	4869
the 126th General Assembly be amended to read as follows:	4870

Sec. 525.10. (A) Pursuant to section 5911.10 of the Revised	4871
Code, the Governor is hereby authorized to execute a deed in the	4872
name of the state conveying to a buyer or buyers to be determined	4873
in the manner provided in division (C) of this section, and the	4874
buyer's or buyers' successors and assigns or heirs and assigns,	4875
all of the state's right, title, and interest in the following	4876
described parcels of real estate that the Adjutant General has	4877
determined are no longer required for armory or military	4878
purposes:	4879

Ashtabula Township. Ashtabula County. State of Ohio	4880

~~Situated in Ashtabula Township, Ashtabula County, State of Ohio:~~	4881

~~Known as being part of the Holmes Tract, and more particularly~~	4882
~~described as follows:~~	4883

~~Being a parcel of land lying on the left side of the centerline of~~	4884
~~survey for State Route 46, Section 27.06, Ashtabula County, Ohio,~~	4885
~~made by the Ohio State Department of Highways, and bounded and~~	4886
~~described as follows:~~	4887

~~Beginning at a point on grantor's southerly property line 165 feet~~	4888
~~left of station 1426/04.53; thence northwesterly to a point 160~~	4889
~~feet left of station 1429/00; thence continuing northwesterly~~	4890
~~parallel with the centerline of survey to a point 160 feet left of~~	4891
~~station 1434/00; Thence westerly to a point 175 feet left of~~	4892
~~station 1434/79.63; thence westerly to a point 184 feet left of~~	4893
~~station 1435/09, said point being in the centerline of County~~	4894
~~Highway No. 25 also known as State Road; thence south 0 degrees~~	4895
~~16', west along the centerline of State Road a distance of 290~~	4896
~~feet to the southwest corner of land conveyed to grantor by~~	4897
~~Theodore E. Warren, Trustee, in deed dated January 2, 1952 and~~	4898
~~recorded in the deed records of Ashtabula County in deed record~~	4899
~~book 469, page 520; thence south 89 degrees 34' east along~~	4900
~~grantor's south property line a distance of 532 feet to an iron~~	4901
~~pin; thence south 0 degrees 16' west 140.24 feet to an iron pin;~~	4902
~~thence south 89 degrees 34' east a distance of 264 feet to the~~	4903
~~point of beginning; and containing 2.21 acres, more or less.~~	4904

Known as lands of the State of Ohio (armory property) located in	4905
the Holmes Tract, Ashtabula Township, (Ashtabula County, State of	4906
Ohio), and further described as follows:	4907

BEGINNING at a point in the centerline of State Road where it	4908
intersects with the north right-of-way line of State Route 11;	4909

Course 1: thence NORTH 00°28'38" EAST along the centerline of	4910
State Road, 280.47 feet to the southwest corner of the Advance	4911
Land & Development Plat, as recorded in Plat Book 7, Page 50 of	4912
the Ashtabula County Record of Plats;	4913

Course 2: thence SOUTH 89°14'22" EAST along the south line of said	4914
plat, 1027.77 feet to an iron pin (passing through a stone	4915
monument in the east line of State Road);	4916

Course 3: thence SOUTH 01°17'38" WEST, 828.11 feet to an iron pin	4917
in the north right-of-way line of State Route 11;	4918

Course 4: thence along the following courses and along the north	4919
line of State Route 11 (a limited access highway);	4920

Course 5: thence NORTH 60°07'05" WEST 134.62 feet;	4921

Course 6: thence NORTH 60°33'58" WEST, 639.52 feet;	4922

Course 7: thence NORTH 64°19'13" WEST, 341.17 feet;	4923

Course 8: thence NORTH 43°23'19" WEST 43.89 feet to the Place of	4924
Beginning and containing 13.0054 acres.	4925

This description may be modified to a final form if modifications	4926
are needed to meet recordation standards in Ashtabula County,	4927
Ohio.	4928

Parcel Number: 03-015-00-003-00	4929

Prior Deed Reference: 46-5630	4930

Howey Road Armory	4931

~~Situate~~ Situated in the City of Columbus, Franklin County, State	4932
of Ohio, and being more fully described as follows:	4933

Said parcel being a part of 80.202 acres acquired from the	4934
Columbus and Southern Ohio Electric Company, December 7, 1951, and	4935
being recorded in Franklin County, Volume 1704, Page 153.	4936
Beginning at an iron pin located at the intersection of the east	4937
right-of-way of Hiawatha Park Place and the north property line of	4938
the Ohio State Fairgrounds and the east right-of-way of the North	4939
Freeway, thence north 86 degrees 43'17" east 737.59 feet along the	4940
north property line of the Ohio State Fairgrounds to a point,	4941
thence south 3 degrees 12'14" west 50 feet to a point, thence	4942
south 86 degrees 43'17" east 50 feet to a point, thence north 3	4943
degrees 12'14" east 50 feet to a point in the north property line	4944
of the Ohio State Fairgrounds, thence south 86 degrees 43'17" east	4945
17.46 feet to the northeast corner of the Ohio State Fairgrounds,	4946
thence south 3 degrees 12'14" west 1145.00 feet along the east	4947
property line of the Ohio State Fairgrounds to a point at the	4948
intersection of the east right-of-way of the north freeway, thence	4949
south 25 degrees 55'03" east 695.94 feet along the east	4950
right-of-way of the North Freeway to a point. Thence south 37	4951
degrees 46'42" east 712.00 feet to the point of beginning	4952
containing 9.42 acres, more of or less.	4953

Mount Vernon	4954

Situated in the ~~state~~ State of Ohio, ~~county~~ County of Knox, City	4955
of Mount Vernon and more particularly described as being Lots	4956
number Three Hundred Ninety (390), Three Hundred Ninety-One (391)	4957
and ten feet of the east side of Lot Number Four Hundred Seven	4958
(407), in Trimble's Addition to Mount Vernon, County of Knox and	4959
the State of Ohio, as the same are marked on the Plat of said	4960
Addition in the Recorder's Office of Knox County, Ohio, in J	4961
Book, Volume J, ~~page~~ Pages 123-124.	4962

Springfield	4963

Situated in the State of Ohio, County of Clark, Township of	4964
Springfield, and described as follows:	4965

Being part of the northwest quarter of Section 3. Township 5,	4966
Range 9, and part of the northeast quarter of Section 9, Township	4967
5, Range 9, between the Miami Rivers Survey. Beginning at a point	4968
in the center line of the Laybourne Road, north 85 degrees 27'	4969
west 370.0 feet from the intersection of said centerline with the	4970
center line of State Route 70 (Springfield and Washington C.H.	4971
Road); thence with the center line of the Laybourne Road, north 85	4972
degrees 57" west, 650.0 feet; thence north 29 degrees 46' east,	4973
248.63 feet to a pipe; thence south 80 degrees 332' east 423.24	4974
feet to the place of beginning, containing 3.20 acres.	4975

And, also to use the following described premises in conjunction	4976
with the grantors herein and under the following terms as are	4977
agreed to by the State of Ohio and the Clark County Fair Board.	4978

Beginning at the intersection of the center lines of the Laybourne	4979
Road and State Route 70; thence with the center line of the	4980
Laybourne Road, north 85 degrees 57' west, 370.0 feet; thence	4981
north 35 degrees 33 west 432.24 feet to a pipe; thence north 80	4982
degrees 33' west 134.22 feet to a pipe; thence north 54 degrees	4983
27' east, 380.0 feet; thence with the center line of State Route	4984
70, south 35 degrees 33' east 754.0 feet to the place of	4985
beginning, containing 4.27 acres.	4986

Urbana	4987

The following described property situated in the State of Ohio,	4988
County of ~~Champagne~~ Champaign:	4989

Being part of the Southwest Quarter of Section 19, Town 5, Range	4990
12, in Salem Township and bonded and described as follows:	4991
Beginning at a point in the East line of the Southwest Quarter of	4992
said Section 19. said point being 1044.46 feet, North 7 degrees 5	4993
minutes East, from the Southeast corner of the said Southwest	4994
Quarter of Section 19, Town 5, Range 12; thence North 84 degrees	4995
56 minutes West, 875 feet to a stake; thence South 7 degrees 5	4996
minutes West 225 feet to a stake; thence North 84 degrees 56	4997
minutes West, 425.10 feet to a stake; thence North 67 degrees 5	4998
minutes East, 245 feet to a stake; thence South 84 degrees 56	4999
minutes East, 1300.1 feet to a point in the East line of the said	5000
Southwest Quarter of Section 19; thence South 7 degrees 5 minutes	5001
West, along the East line of the said Southwest Quarter of Section	5002
19, 20 feet to the place of beginning, a total area of 2.791	5003
acres. Subject to the rights of the Department of Highways of the	5004
State of Ohio for highway purposes in and to 120.53 feet taken by	5005
parallel lines off the entire East end of the above described	5006
tract and subject also to the rights of the City of Urbana for	5007
highway purposes in and to approximately 79.47 feet off the West	5008
end of 200 feet taken by parallel lines off the entire East end of	5009
the above described tract.	5010

(B) At the request of the Adjutant General, the Director of	5011
Administrative Services, pursuant to the procedures described in	5012
division (C) of this section, shall assist in the sale of any of	5013
the parcels described in division (A) of this section.	5014

(C) The Adjutant General shall appraise the parcels described	5015
in division (A) of this section or have them appraised by one of	5016
more disinterested persons for a fee to be determined by the	5017
Adjutant General, and shall offer the parcels for sale as follows:	5018

(1) The Adjutant General first shall offer a parcel for sale	5019
at its appraised value to the municipal corporation or township in	5020
which it is located.	5021

(2) If, after sixty days, the municipal corporation or	5022
township has not accepted the offer to purchase the parcel at its	5023
appraised value or has accepted the offer but has failed to	5024
complete the purchase, the Adjutant General shall offer the parcel	5025
for sale at its appraised value to the county in which it is	5026
located.	5027

(3) If, after sixty days, the county has not accepted the	5028
offer to purchase the parcel at its appraised value or has	5029
accepted the offer but has failed to complete the purchase, a	5030
public auction shall be held, and the parcel shall be sold to the	5031
highest bidder at a price acceptable to the Adjutant General. The	5032
Adjutant General may reject any and all bids for any reason	5033
whatsoever.	5034

The Adjutant General shall advertise each public auction in a	5035
newspaper of general circulation within the county in which the	5036
parcel is located, once a week for two consecutive weeks before	5037
the date of the auction.	5038

The terms of sale of a parcel at a public auction shall be	5039
payment of ten per cent of the purchase price, as bid by the	5040
highest bidder, in cash, bank draft, or certified check on the	5041
date of sale, with the balance payable within sixty days after the	5042
date of sale. A purchaser who does not timely complete the	5043
conditions of the sale as prescribed in this section shall forfeit	5044
to the state the ten per cent of the purchase price paid on the	5045
date of the sale as liquidated damages.	5046

If the purchase is not completed and the sale is voided, the	5047
Adjutant General may sell the parcel to the second highest bidder	5048
at the public auction held pursuant to this section.	5049

(D) Advertising costs, appraisal fees, and other costs of the	5050
sale of the parcels described in division (A) of this section	5051
shall be paid by the Adjutant General's Department.	5052

(E) Upon the payment of ten per cent of the purchase price of	5053
a parcel described in division (A) of this section in accordance	5054
with division (C)(3) of this section, or upon notice from the	5055
Adjutant General's Department that a parcel of real estate	5056
described in division (A) of this section has been sold to a	5057
municipal corporation, township, or county in accordance with	5058
division (C) of this section, a deed shall be prepared for that	5059
parcel by the Auditor of State, with the assistance of the	5060
Attorney General, be executed by the Governor, countersigned by	5061
the Secretary of State, sealed with the Great Seal of the State,	5062
and presented for recording in the Office of the Auditor of State.	5063
Upon the grantee's payment of the balance of the purchase price,	5064
the deed shall be delivered to the grantee. The grantee shall	5065
present the deed for recording in the office of the county	5066
recorder of the county in which the parcel is located.	5067

(F) The net proceeds of the sales of the parcels described in	5068
division (A) of this section shall be deposited in the State	5069
Treasury to the credit of the Armory Improvements Fund pursuant to	5070
section 5911.10 of the Revised Code.	5071

(G) If a parcel of real estate described in division (A) of	5072
this section is sold to a municipal corporation, township, or	5073
county and that political subdivision sells that parcel within two	5074
years after its purchase, the political subdivision shall pay to	5075
the state, for deposit in the state treasury to the credit of the	5076
Armory Improvements Fund pursuant to section 5911.10 of the	5077
Revised Code, an amount representing one-half of any net profit	5078
derived from that subsequent sale. The net profit shall be	5079
computed by first subtracting the price at which the political	5080
subdivision bought the parcel from the price at which the	5081
political subdivision sold the parcel, and then subtracting from	5082
that remainder the amount of any expenditures the political	5083
subdivision made for improvements to the parcel.	5084

(H) This section expires five years after its effective date.

5085

Section 207.02. That existing Section 525.10 of Am. Sub. H.B.	5086
699 of the 126th General Assembly is hereby repealed.	5087

Section 301. (A) This section applies to any school district	5088
that meets all of the following conditions:	5089

(1) The district received approval from the Controlling Board	5090
for a classroom facilities project under sections 3318.01 to	5091
3318.20 of the Revised Code after July 1, 2007, and prior to June	5092
24, 2008, and the project had not been completed as of the	5093
effective date of this section.	5094

(2) Within one year after the date the Controlling Board	5095
approved the project described in division (A)(1) of this section,	5096
the district's electors approved a bond issue to pay the	5097
district's portion of the basic project cost or the district board	5098
of education complied with section 3318.052 of the Revised Code.	5099

(3) The district previously received classroom facilities	5100
assistance under sections 3318.01 to 3318.20 or section 3318.37 of	5101
the Revised Code within the twenty-year period prior to the date	5102
the Controlling Board approved the project described in division	5103
(A)(1) of this section.	5104

(B) Notwithstanding anything to the contrary in section	5105
3318.032 of the Revised Code, for each school district to which	5106
this section applies, the Ohio School Facilities Commission shall	5107
recalculate the district's portion of the basic project cost for	5108
the project described in division (A)(1) of this section in	5109
accordance with division (D) of section 3318.032 of the Revised	5110
Code. In making the calculation, the Commission shall use data for	5111
the district that was current at the time the Controlling Board	5112
approved the project and shall not use any updated data. If the	5113
calculation produces a lesser amount than the district's portion	5114
of the basic project cost as previously calculated under section	5115
3318.032 of the Revised Code, the amount calculated under this	5116
division shall be the district's new portion of the basic project	5117
cost. In that case, the Commission shall revise the agreement	5118
entered into under section 3318.08 of the Revised Code to reflect	5119
the district's portion of the basic project cost as determined	5120
under this division.	5121

Section 303. Notwithstanding sections 101.02 and 101.27 of	5122
the Revised Code, during calendar years 2009 and 2010, the members	5123
of the Senate elected president, president pro tempore, majority	5124
floor leader, majority whip, minority leader, assistant minority	5125
leader, minority whip, and assistant minority whip shall receive	5126
salary payments equal to the amounts paid under section 101.27 of	5127
the Revised Code to the members of the House of Representatives	5128
elected speaker, speaker pro tempore, majority floor leader,	5129
assistant majority floor leader, minority leader, assistant	5130
minority leader, minority whip, and assistant minority whip,	5131
respectively.	5132

Section 305. HOME FIRST PROGRAM - ASSISTED LIVING

5133

On a quarterly basis, on receipt of the certified assisted	5134
living costs related to section 5111.894 of the Revised Code, the	5135
Director of Budget and Management may do the following:	5136

(A) Transfer the state share of the amount of the estimated	5137
costs from GRF appropriation item 600525, Health Care/Medicaid, to	5138
GRF appropriation item 490422, Assisted Living Waiver;	5139

(B) Increase the appropriation in Fund 3C40, appropriation	5140
item 490622, Assisted Living - Federal, by the federal share of	5141
the amount of the actual expenditures; and	5142

(C) Increase the appropriation in Fund 3G50, appropriation	5143
item 600655, Interagency Reimbursement, by the federal share of	5144
the amount of actual expenditures.	5145

The funds that the Director of Budget and Management	5146
transfers and increases under this division are hereby	5147
appropriated.	5148

Section 307. (A) The Task Force on Law Library Associations	5149
created pursuant to Section 503.06 of Am. Sub. H.B. 66 of the	5150
126th General Assembly is hereby reconstituted. The appointing	5151
authority shall fill any vacancies on the reconstituted Task	5152
Force.	5153

(B) The Task Force shall help educate the county law library	5154
resources boards with regards to the new structure and	5155
organization of county law libraries, facilitate the establishment	5156
of the county law library resources boards, including the	5157
transition of the management of county law libraries from the law	5158
library associations to the county law library resources boards,	5159
and monitor the necessary and proper expenditure of the county law	5160
library resources fund, as provided for in section 307.514 of the	5161
Revised Code.	5162

(C) The Task Force shall submit a final report to the Speaker	5163
and Minority Leader of the House of Representatives and the	5164
President and Minority Leader of the Senate by December 31, 2011.	5165
Upon submission of its report, the Task Force shall cease to	5166
exist.	5167

(D) Sections 101.82 to 101.87 of the Revised Code do not	5168
apply to the Task Force.	5169

Section 309. (A) On or before January 1, 2010, a law library	5170
association shall transfer both of the following to the county	5171
law library resources board in the county in which the law	5172
library association is located:	5173

(1) All unspent fines and penalties in the law library's	5174
general fund and retained moneys fund collected pursuant to	5175
sections 3375.50 to 3375.53 of the Revised Code, as amended or	5176
repealed by this act;	5177

(2) All personal property that the law library association	5178
can reasonably identify as having been purchased by the fines and	5179
penalties in the law library's general fund or retained moneys	5180
fund collected pursuant to sections 3375.50 to 3375.53 of the	5181
Revised Code, as amended or repealed by this act.	5182

(B) The law library association shall retain all dedicated	5183
moneys or personal property that were not purchased with the fines	5184
and penalties in the law library's general revenue fund or	5185
retained moneys fund.	5186

Section 311. With respect to a person employed by a law	5187
library association referred to in section 3375.48 of the Revised	5188
Code, as repealed by this act, immediately preceding the	5189
effective date of this section and upon that person's employment	5190
by a county law library resources board, the board shall use the	5191
following methods for determining the employee's vacation	5192
accrual rate and credit for accrued but unused vacation leave	5193
and sick leave:	5194

(A) For the librarian and assistant librarians who received	5195
compensation pursuant to section 3375.49 of the Revised Code, as	5196
amended and repealed by this act, and were paid upon warrant of	5197
the county auditor, the county law library resources board shall	5198
do all of the following:	5199

(1) Credit to the employee accrued but unused sick leave	5200
acquired during service with the law library association as if the	5201
employee were transferring from one public agency to another	5202
public agency pursuant to section 124.38 of the Revised Code;	5203

(2) Consider all of the employee's prior service with the law	5204
library association as service with the county for purposes of	5205
determining years of service pursuant to section 325.19 of the	5206
Revised Code;	5207

(3) One of the following:

5208

(a) Compensate the employee for accrued but unused vacation	5209
leave acquired during service with the law library association at	5210
the employee's final rate of pay while employed by the	5211
association, except that this compensation of vacation leave shall	5212
not exceed the vacation leave a county employee is permitted to	5213
earn and accumulate under section 325.19 of the Revised Code;	5214

(b) Credit to the employee accrued but unused vacation leave	5215
acquired during service with the law library association, except	5216
that this credited vacation leave shall not exceed the vacation	5217
leave a county employee is permitted to earn and accumulate under	5218
section 325.19 of the Revised Code.	5219

(B) For all employees of the law library association not	5220
specified in division (A) of this section, the county law library	5221
resources board may do either of the following by resolution:	5222

(1) Credit to the employee all or any part of accrued but	5223
unused sick leave acquired during service with the law library	5224
association as if the employee were transferring from one public	5225
agency to another public agency pursuant to section 124.38 of the	5226
Revised Code;	5227

(2) Consider all or any part of the employee's prior service	5228
with the law library association as service with the county for	5229
purposes of determining years of service pursuant to section	5230
325.19 of the Revised Code.	5231

(C) Any resolution the law library resources board adopts	5232
pursuant to division (B) of this section shall not be effective if	5233
the board of county commissioners rejects the resolution within	5234
thirty days of receiving the resolution.	5235

Section 313. (A) The Ohio General Assembly finds that the	5236
effectiveness of state programs can be evaluated better if	5237
relevant information is collected throughout the programs'	5238
implementation and that the citizens of Ohio will benefit from	5239
useful data about state programs becoming available for public	5240
policy research. In response to these findings, there is hereby	5241
created the Governor's Policy Information Working Group to	5242
consider and recommend policies and procedures that may be	5243
adopted by state agencies regarding the identification and	5244
collection of program information and its dissemination to the	5245
public. Such policies and procedures shall include, but are not	5246
limited to, the manner in which program information is to be	5247
collected and retained during the implementation of a program and	5248
policies to ensure that program information can be easily	5249
accessed by the public.	5250

(B) The Working Group shall consist of the following members,	5251
as well as additional members appointed as provided in division	5252
(C) of this section:	5253

(1) The Director of Administrative Services, or the	5254
Director's designee;	5255

(2) The Director of Aging, or the Director's designee;

5256

(3) The Director of Agriculture, or the Director's designee;

5257

(4) The Chancellor of the Board of Regents, or the	5258
Chancellor's designee;	5259

(5) The Director of Budget and Management, or the Director's	5260
designee;	5261

(6) The Director of Commerce, or the Director's designee;

5262

(7) The Director of Development, or the Director's designee;

5263

(8) The Director of Environmental Protection, or the	5264
Director's designee;	5265

(9) The Director of Health, or the Director's designee;

5266

(10) The Director of Job and Family Services, or the	5267
Director's designee;	5268

(11) The Director of Mental Health, or the Director's	5269
designee;	5270

(12) The Director of Public Safety, or the Director's	5271
designee;	5272

(13) The Director of Rehabilitation and Correction, or the	5273
Director's designee;	5274

(14) The Tax Commissioner, or the Tax Commissioner's	5275
designee;	5276

(15) The Director of Transportation, or the Director's	5277
designee;	5278

(16) The Governor, or the Governor's designee.

5279

(C) The Working Group may appoint additional members as	5280
deemed necessary and useful by the Working Group.	5281

(D) The Working Group shall convene for its inaugural meeting	5282
within sixty days of the effective date of this section as	5283
summoned by the Governor. The Director of Budget and Management	5284
and the Tax Commissioner, or their designees, shall serve as	5285
co-chairpersons of the Working Group. Commencing with fiscal year	5286
2010, the Working Group shall meet not less than four times per	5287
fiscal year.	5288

(E) Not later than December 1, 2009, the Working Group shall	5289
deliver an interim report of its activities, findings, and	5290
recommendations to the Speaker of the House of Representatives,	5291
the Minority Leader of the House of Representatives, the President	5292
of the Senate, the Minority Leader of the Senate, and the	5293
Governor. In addition, the Working Group shall deliver, on the	5294
first day of August in 2010 and 2011, an annual report to the	5295
Speaker of the House of Representatives, the Minority Leader of	5296
the House of Representatives, the President of the Senate, the	5297
Minority Leader of the Senate, and the Governor. The annual	5298
report shall summarize the activities, findings, and	5299
recommendations of the Working Group for the previous fiscal year,	5300
except that the August 2010 annual report shall incorporate the	5301
portion of the interim report addressing fiscal year 2010. The	5302
Working Group shall cease to exist after making its report in	5303
2011.	5304

Section 401. (A) The Governor is hereby authorized to	5305
execute a deed in the name of the state conveying to the	5306
Williamsburg Local School District, Clermont County, State of	5307
Ohio, and its successors and assigns, all of the state's right,	5308
title, and interest in the following described real estate:	5309

Situated in the State of Ohio, Clermont County, Williamsburg	5310
Township and in Daniel DeBenneville's Military Survey #2810 of the	5311
Virginia Military District, more particularly described as	5312
follows:	5313

Beginning at an iron pin in the northwest right-of-way line	5314
of Old State Route #32, said pin being in the south patent line of	5315
said Daniel DeBenneville's Military Survey #2810, North 54 deg. 39	5316
min. 36 sec. West, 52.05 feet from the intersection of said patent	5317
line with the centerline of said Old State Route #32;	5318

thence, leaving said old State Route #32 with said patent	5319
line, North 54 deg. 39 min. 36 sec. West, 781.22 feet to an iron	5320
pipe;	5321

thence, leaving said patent line, North 35 deg. 12 min. 55	5322
sec. East, 119.89 feet to an iron pin;	5323

thence, North 25 deg. 54 min. 05 sec. East, 505.23 feet to an	5324
iron pipe;	5325

thence, South 59 deg. 03 min. 27 sec. East, 86.43 feet to a	5326
fence corner post;	5327

thence, North 32 deg. 05 min. 00 sec. East, 722.19 feet to a	5328
fence corner post;	5329

thence South 57 deg. 20 min. 07 sec. East, 433.76 feet to a	5330
fence corner post;	5331

thence, North 32 deg. 55 min. 52 sec. East, 169.16 feet to a	5332
fence corner post;	5333

thence, South 57 deg. 04 min. 46 sec. East, 838.80 feet to an	5334
iron pipe;	5335

thence, South 27 deg. 51 min. 07 sec. West, 344.31 feet to an	5336
iron pin in said northwest right-of-way of old State Route #32;	5337

thence with said right-of-way, North 70 deg. 10 min. 11 sec.	5338
West, 2.33 feet to an iron pin;	5339

thence, still with said right-of-way, South 16 deg. 24 min.	5340
50 sec. West, 11.64 feet to an iron pin;	5341

thence, leaving said right-of-way, south 27 deg. 51 min. 07	5342
sec. West, 93.99 feet to an iron pin;	5343

thence, South 32 deg. 32 min. 15 sec. West, 129.20 feet to an	5344
iron pin in said northwest right-of-way;	5345

thence, with said right-of-way for the next four courses,	5346
with a curve to the right said curve having a radius of 2794.79	5347
feet, a chord bearing South 59 deg. 41 min. 23 sec. West, 699.44	5348
feet, and an arc length of 701.28 feet to an iron pin;	5349

thence South 82 deg. 18 min. 43 sec. West, 100.28 feet toan	5350
iron pin;	5351

thence, South 55 deg. 09 min. 18 sec. West, 202.84 feet to an	5352
iron pin;	5353

thence, with a curve to the right, said curve having a radius	5354
of 2824.79 feet, a chord bearing South 74 deg. 09 min. 55 sec.	5355
West, 126.92 feet, and an arc length of 126.94 feet to the	5356
beginning, CONTAINING 39.274 acres of land;	5357

subject to all legal highways and easements.

5358

The above description is taken from and in accordance with a	5359
survey and plat dated July 23, 1979 by Robert W. Piper, P.S., Ohio	5360
Reg. #S5964. LAST DEED REFERENCE: Volume 641, Page 68, Clermont	5361
County, Ohio Deed Records.	5362

(B) Consideration for conveyance of the real estate described	5363
in division (A) of this section is the purchase price of ten	5364
dollars. This property was originally conveyed from Ronald H.	5365
Stern, Trustee, on behalf of the Williamsburg Local School	5366
District to the State of Ohio as collateral for issued school	5367
construction facility bonds. Once the construction project was	5368
completed, the state was to have conveyed title to the real estate	5369
back to the Williamsburg Local School District, which conveyance	5370
never occurred. This section corrects that oversight.	5371

(C) The real estate described in division (A) of this section	5372
shall be sold as an entire tract and not in parcels.	5373

(D) The Williamsburg Local School District shall pay all	5374
costs associated with the purchase and conveyance of the real	5375
estate described in division (A) of this section, including	5376
recordation costs of the deed.	5377

(E) Possession of the premises prior to transfer shall be	5378
governed by an existing interim lease between the state and the	5379
Williamsburg Local School District.	5380

(F) Upon payment of the purchase price, the Auditor of State,	5381
with the assistance of the Attorney General, shall prepare a deed	5382
to the real estate described in division (A) of this section. The	5383
deed shall be executed by the Governor in the name of the state,	5384
countersigned by the Secretary of State, sealed with the Great	5385
Seal of the State, presented in the Office of the Auditor of State	5386
for recording, and delivered to the Williamsburg Local School	5387
District. The School District shall present the deed for recording	5388
in the Office of the Clermont County Recorder.	5389

(G) The net proceeds of the sale of the real estate described	5390
in division (A) of this section shall be deposited in the State	5391
Treasury to the credit of the General Revenue Fund.	5392

(H) This section expires one year after its effective date.

5393

Section 403. (A) The Governor is hereby authorized to execute	5394
a deed in the name of the state conveying to Res-Care Ohio, Inc.,	5395
of Ohio, and its successors and assigns, all of the state's right,	5396
title, and interest in the following described real estate:	5397

SITUATED in the County of Franklin, State of Ohio and in the	5398
Township of Clinton, and bounded and described as follows:	5399

Being a part of Quarter Township Number One, Township Number	5400
One, Range Eighteen United States Military Lands, and being a part	5401
of Lot Number Ten of the Scioto Company subdivision of said	5402
Quarter Township Number One.	5403

BEGINNING at a point in the east line of said Lot No. Ten 208	5404
feet south of the northeast corner thereof, this said point being	5405
on the center line of Karl Road;	5406

THENCE westerly and parallel with the north of said Lot No.	5407
10, passing an iron pin at the west line marked by an iron pin;	5408

THENCE southerly and approximately parallel with the center	5409
line of Karl Road, 208 feet to a point, which point is witnessed	5410
and marked by an iron pin;	5411

THENCE easterly and parallel with the north line of said Lot	5412
No. 10, passing an iron pin at the west line of Karl Road, 1045.8	5413
feet to a point in the center line of Karl Road;	5414

THENCE northerly, following the center line of Karl Road,	5415
which center line is also the east line of the said Lot No. 10,	5416
208 feet to the point and place of beginning, the said above	5417
described premises containing 4.995 acres, more or less, subject	5418
to all legal highways, and being further described as Parcel No.	5419
20 of the recorded plat of "Pegg Farm Parcels" of record in Volume	5420
42, on Page 332 of Franklin County Miscellaneous Records, to which	5421
record reference is hereby made.	5422

EXCEPTING therefrom a strip of land 37.5 feet in width off	5423
the entire east side of the said 4.995-acre tract, said 37.5-foot	5424
strip of land being west of and adjacent to the center line of	5425
Karl Road and extending from the south property line to the north	5426
property line, a distance of 208 feet; containing 0.179 acres more	5427
or less of which the present road occupies 0.119 acres.	5428

Prior Deed Reference: Deed Volume 3744, Page 352.

5429

(B) Consideration for the conveyance of the real estate	5430
described in division (A) of this section is the purchase price of	5431
one hundred twelve thousand ninety-six dollars.	5432

(C) The real estate described in division (A) of this section	5433
shall be sold as an entire tract and not in parcels.	5434

(D) Prior to the execution of the deed described in division	5435
(E) of this section, possession of the real estate described in	5436
division (A) of this section shall be governed by an existing	5437
interim lease between the state and Res-Care Ohio, Inc.	5438

(E) Upon payment of the purchase price, the Auditor of State,	5439
with the assistance of the Attorney General, shall prepare a deed	5440
to the real estate described in division (A) of this section. The	5441
deed shall state the consideration. The deed shall be executed by	5442
the Governor in the name of the State, countersigned by the	5443
Secretary of State, sealed with the Great Seal of the State,	5444
presented in the Office of the Auditor of State for recording, and	5445
delivered to Res-Care Ohio, Inc. Res-Care Ohio, Inc., shall	5446
present the deed for recording in the Office of the Franklin	5447
County Recorder.	5448

(F) The deed shall contain a deed restriction that Res-Care	5449
Ohio, Inc., shall continue to operate an existing residential	5450
facility located on the real estate described in division (A) of	5451
this section for individuals with mental retardation and	5452
developmental disabilities for a period of time not less than five	5453
years from the date of closing.	5454

(G) The deed shall contain a deed restriction that prohibits	5455
Res-Care Ohio, Inc., from selling, conveying, or transferring	5456
ownership of the real estate described in division (A) of this	5457
section for a period of time not less than five years from the	5458
date of closing.	5459

(H) The deed shall contain a provision that in the event of	5460
default or breach by Res-Care Ohio, Inc., on either division (F)	5461
or (G) of this section, Res-Care Ohio, Inc., shall immediately pay	5462
to the Ohio Department of Mental Retardation and Developmental	5463
Disabilities the sum equal to the Department's investment in the	5464
premises, $1,008,866.66.	5465

(I) Res-Care Ohio, Inc., shall pay the costs of the	5466
conveyance of the real estate described in division (A) of this	5467
section.	5468

(J) The net proceeds of the sale of the parcel described in	5469
this section shall be deposited in the State Treasurey to the	5470
credit of the Miscellaneous Revenue Fund within the Department of	5471
Mental Retardation and Developmental Disabilities.	5472

(K) This section shall expire one year after its effective	5473
date.	5474

Section 405. (A) The Governor is hereby authorized to	5475
execute a deed in the name of the State conveying to a buyer or	5476
buyers to be determined in the manner provided in division (B) of	5477
this section, all of the state's right, title, and interest in the	5478
following described real estate that the Director of	5479
Administrative Services has determined is no longer required for	5480
State of Ohio purposes:	5481

Situated in the State of Ohio, County of Gallia, Township of	5482
Addison, being in Section 13, Town 4 N, Range 14 W, Ohio Company	5483
Purchase. Being part of that parcel of land described in Volume	5484
180 Page 825, conveyed to the State of Ohio, and being more	5485
particularly described as follows:	5486

Commencing at a Concrete Monument found at centerline station	5487
933+36.19, said monument and stationing referenced to right of way	5488
plan Gal-35-13.45;	5489

thence S 86°42' 42" W along a random line a distance of	5490
185.72 feet to an iron pin set in the existing right of way line	5491
of S.R. 735 at 120.00 feet left of centerline station 931+95.16,	5492
and being the Grantors south east comer, said point being the True	5493
Place of Beginning;	5494

thence leaving said right of way line and along the Grantors	5495
southerly property line N 87° 24' 01" W (passing an iron pin found	5496
"Lambert" at 2.92 feet) a total distance of 403.54 feet to an iron	5497
pin set;	5498

thence leaving said Grantors southerly property line the	5499
following nine courses:	5500

1) N 02° 37' 33" E a distance of 14.43 feet to an iron pin	5501
set;	5502

2) N 82° 15' 08" W a distance of 52.52 feet to an iron pin	5503
set;	5504

3) N 64° 14' 07"W a distance of 103.83 feet to an iron pin	5505
set;	5506

4) N 75° 59' 40" W a distance of 108.67 feet to an iron pin	5507
set;	5508

5) N 83° 14' 38" W a distance of 109.48 feet to an iron pin	5509
set;	5510

6) N 88° 17' 52" W a distance of 105.23 feet to an iron pin	5511
set;	5512

7) S 88° 24' 56" W a distance of 100.13 feet to an iron pin	5513
set;	5514

8) N 89° 31' 31" W a distance of 271.48 feet to an iron pin	5515
set;	5516

9) S 86° 28' 30" W a distance of 170.51 feet to an iron pin	5517
set on the Grantors westerly property line;	5518

thence along the Grantors westerly property line N 19° 29' 41	5519
" E a distance of 378.98 feet to an iron pin found;	5520

thence along the Grantors northerly property line S 87° 20'	5521
08" E (passing an iron pin found at 670.77 feet and an iron pin	5522
set at 1603.75 feet) a total distance of 1702.02 feet to	5523
centerline station 937+47.45, 156.21 feet left, said point also	5524
being on the existing right of way line of State Route 735;	5525

thence along said existing right of way line, also being the	5526
Grantors easterly property line S 60° 58' 53" W a distance of	5527
12.57 feet to centerline station 937+36.19, 157.62 feet left;	5528

thence along said existing right of way line S 46° 19' 04" W	5529
(passing an iron pin set at 203.63 feet) a total distance of	5530
421.16 feet to an iron pin set;	5531

thence along said existing right of way line S 46° 19' 02'1 W	5532
a distance of 141.03 to the Place of Beginning. The above	5533
described area of 13.240 acres, including the present road which	5534
occupies 0.00 acres is contained with Auditor's Parcel No.	5535
002-355-192-00 which contains 14.860 acres more or less. Subject	5536
to all legal easements and rights of way. All iron pins set are	5537
5/8" x 30" with an attached plastic identification cap. (ODOT	5538
District 10). Grantor claims title by instrument(s) recorded in	5539
Volume 180, Page 825, in the Gallia County Recorder's Office. The	5540
bearings are based on the State Plane Coordinate System Ohio	5541
South, NAD 83 (NSRS2007).	5542

(B) The Director of Administrative Services shall offer the	5543
real estate, improvements, and chattels located on the parcel	5544
described in division (A) of this section for sale, "as is," in	5545
its present condition according to the following process:	5546

(1) The real estate described in division (A) of this section	5547
shall be sold as an entire parcel and not subdivided.	5548

(2) The Ohio Department of Mental Retardation and	5549
Developmental Disabilities, with the assistance of the Ohio	5550
Department of Administrative Services, shall have the parcel	5551
described in division (A) of this section appraised by one or more	5552
disinterested persons for a fee to be determined by and paid by	5553
the Department of Mental Retardation and Developmental	5554
Disabilities. The Director of Administrative Services shall then	5555
offer the real estate at the appraised value to the Board of	5556
County Commissioners of Gallia County.	5557

(3) If, after thirty days, the Board of County Commissioners	5558
of Gallia County has declined the offer to purchase the real	5559
estate at the appraised value, or if the Board of County	5560
Commissioners of Gallia County has accepted the offer (by	5561
executing a document entitled an "Offer to Purchase Real Estate"	5562
with the Director of Administrative Services which shall establish	5563
the terms of the conveyance) but has failed to complete the	5564
purchase, the Director of Administrative Services shall offer the	5565
real estate at the appraised value to the Board of Trustees of	5566
Addison Township.	5567

(4) If, after thirty days, the Addison Township Trustees have	5568
declined the offer to purchase the real estate at the appraised	5569
value, or if the East Union Township Trustees has accepted the	5570
offer (by executing a document entitled an "Offer to Purchase Real	5571
Estate" with the Director of Administrative Services which shall	5572
establish the terms of the conveyance) but has failed to complete	5573
the purchase, the Director of Administrative Services shall	5574
conduct a public auction and the real estate shall be sold to the	5575
highest bidder at a price acceptable to both the Director of	5576
Administrative Services and the Director of Mental Retardation and	5577
Developmental Disabilities.	5578

The Director of Administrative Services shall advertise the	5579
public auction in a newspaper of general circulation within Gallia	5580
County once a week for three consecutive weeks prior to the date	5581
of the auction. The Director of Administrative Services may reject	5582
any and all bids from the public auction. The terms of sale shall	5583
be ten per cent of the purchase price in cash, bank draft, or	5584
certified check on the date of sale, with the balance payable	5585
within sixty days after the date of sale. A purchaser who does not	5586
complete the conditions of the sale as prescribed in this division	5587
shall forfeit the ten per cent of the purchase price presented at	5588
the time of sale to the state as liquidated damages. Should a	5589
purchaser not complete the conditions of sale as described herein,	5590
the Director of Administrative Services is authorized to accept	5591
the next highest bid by collecting ten per cent of the revised	5592
purchase price from that bidder and proceed to close the sale,	5593
providing the secondary bid meets all other criteria provided for	5594
in this section.	5595

(5) Advertising costs, appraisal fees, and other costs	5596
incident to the sale of real estate described in division (A) of	5597
this section shall be paid by the Department of Mental Retardation	5598
and Developmental Disabilities.	5599

(6) Upon notice from the Director of Administrative Services	5600
that the parcel of real estate described in division (A) of this	5601
section has been sold, the Auditor of State, with the assistance	5602
of the Attorney General, shall prepare a deed to the real estate	5603
to the purchaser identified by the Director of Administrative	5604
Services. The deed shall be executed by the Governor,	5605
countersigned by the Secretary of State, presented in the Office	5606
of the Auditor of State for recording, and delivered to the	5607
grantee at closing and upon the grantee's payment of the balance	5608
of the purchase price. The grantee shall present the deed for	5609
recording in the Gallia County Recorder's Office.	5610

(7) The net proceeds of the sale of the parcel described in	5611
division (A) of this section shall be deposited in the state	5612
treasury to the credit of Fund 1520, Miscellaneous Revenue.	5613

(C) This section expires three years after its effective	5614
date.	5615

Section 407. (A) The Governor is hereby authorized to	5616
execute a deed in the name of the state conveying to the City of	5617
Gallipolis, Gallia County, Ohio, and its successors and assigns,	5618
all of the state's right, title, and interest in the following	5619
described real estate:	5620

Situated in Range 14, Township 3, Sections 23 and 29,	5621
Gallipolis City Township, Gallia County, State of Ohio	5622

Beginning at the intersection of the centerline of Mill Creek	5623
Road and the centerline of Ohio Avenue and being the true point of	5624
beginning for the following described real estate,	5625

Thence leaving the said intersection and following the	5626
centerline of Mill Creek Road, SOUTH 22° 15' 26" WEST; 48.40 feet	5627
to a point,	5628

Thence leaving the said centerline of Mill Creek Road and	5629
following the common property line of now or formerly The State of	5630
Ohio volume 60 page 542 and now or formerly The City of Gallipolis	5631
volume 242 page 511 the next eight (8) bearings and distances,	5632

Thence NORTH 49° 53' 49" WEST; 521.68 feet to an iron pin	5633
SET,	5634

Thence along a curve to the left having a radius of 300.00	5635
feet, an arc length of 359.93 feet, and a chord bearing of SOUTH	5636
41°48'28" WEST; for 338.73 feet to a point,	5637

Thence SOUTH 07°26' 13" WEST; 77.52 feet to a point,

5638

Thence along a curve to the right having a radius of 285.00	5639
feet, an arc length of 501.60 feet, and a chord bearing of SOUTH	5640
57°11' 19" WEST; for 439.32 feet to an iron pin SET,	5641

Thence NORTH 74°40'10" WEST; 79.56 feet to an iron pin SET,

5642

Thence along a curve to the left having a radius of 300.00	5643
feet, an arc length of 92.86 feet, and a chord bearing of NORTH	5644
80° 14' 18" WEST; for 92.49 feet to an iron pin SET,	5645

Thence along a curve to the left having a radius of 300.00	5646
feet, an arc length of 202.85 feet, and a chord bearing of SOUTH	5647
71°31'26" WEST; for 199.01 feet to a point,	5648

Thence SOUTH 50°04' 11" WEST; 15.00 feet to an iron pin SET	5649
on the common property line of said now or formerly City of	5650
Gallipolis volume 242 page 511 and now or formerly First Baptist	5651
Church volume 300 page 577,	5652

Thence continuing along the said common property line of now	5653
or formerly The State of Ohio volume 60 page 542 and now or	5654
formerly The City of Gallipolis volume 242 page 511 and following	5655
common property line of now or formerly The State of Ohio volume	5656
60 page 542 and now or formerly First Baptist Church volume 300	5657
page 577, NORTH 39°55'49" WEST; 50.00 feet to a point in the	5658
centerline of Ohio Avenue.	5659

Thence leaving the said common property line of now or	5660
formerly The State of Ohio volume 60 page 542 and now or formerly	5661
First Baptist Church volume 300 page 577 and following the	5662
centerline of Ohio Avenue the following two (2) bearings and	5663
distances,	5664

Thence SOUTH 50°05'10" WEST; 1149.71 feet to a point,

5665

Thence SOUTH 42°09' 15" EAST; 390.11 feet to a point,

5666

Thence leaving the said centerline of Ohio Avenue, SOUTH	5667
47°50'45" WEST; 12.67 feet to the most Southeasterly corner of Lot	5668
#4 of the Colonial Subdivision,	5669

Thence along the Southwest right of way line of Ohio Avenue,	5670
NORTH 42°09' 15" WEST; 420.94 feet to a point,	5671

Thence leaving the said Southwest right of way line of Ohio	5672
Avenue and following the Northwest right of way line of Ohio	5673
Avenue the next two (2) bearings and distances,	5674

Thence NORTH 49°11' 13" EAST; 437.47 feet to a point on the	5675
Southeast corner of Lot #1 of the Colonial Subdivision Number 2,	5676

Thence SOUTH 39°47'33" EAST; 27.23 feet to a point,

5677

Thence leaving the Northwest right of way line of Ohio Avenue	5678
and following a line that is generally parallel to and a minimum	5679
of 0.50 feet outside the existing edge of pavement of said Ohio	5680
Avenue the following eleven (11) bearings and distances,	5681

Thence NORTH 49°49'51" EAST; 602.71 feet to an iron in SET,

5682

Thence NORTH 52°13'57" EAST; 165.73 feet to an iron pin SET,

5683

Thence along a curve to the right having a radius of 286.00	5684
feet, an arc length of 264.73 feet, and a chord bearing of NORTH	5685
78°45'01" EAST; for 255.38 feet to an iron pin SET,	5686

Thence SOUTH 74°43'55" EAST; 112.44 feet to an iron pin SET,

5687

Thence along a curve to the left having a radius of 384.46	5688
feet, an arc length of 126.50 feet, and a chord bearing of SOUTH	5689
84°09'28" EAST; for 125.93 feet to an iron pin SET at a point of	5690
compound curvature,	5691

Thence along a curve to the left having a radius of 166.45	5692
feet, an arc length of 171.93 feet, and a chord bearing of NORTH	5693
56°49'32" EAST; for 164.39 feet to an iron pin SET at a point of	5694
compound curvature,	5695

Thence along a curve to the left having a radius of 379.09	5696
feet, an arc length of 147.44 feet, and a chord bearing of NORTH	5697
16°05'33" EAST; for 146.52 feet to an iron pin SET at a point of	5698
reverse curvature,	5699

Thence along a curve to the right having a radius of 409.23	5700
feet, an arc length of 730.64 feet, and a chord bearing of NORTH	5701
56°05'56" EAST; for 637.39 feet to an iron pin SET at a point of	5702
compound curvature,	5703

Thence along a curve to the right having a radius of 250.44	5704
feet, an arc length of 246.87 feet, and a chord bearing of SOUTH	5705
44°30'47" EAST; for 237.00 feet to an iron pin SET,	5706

Thence SOUTH 16°16'25" EAST; 174.13 feet to a point in the	5707
centerline of Mill Creek Road,	5708

Thence leaving the proposed Northeast right of way line of	5709
Ohio Avenue and following the centerline of Mill Creek Road, SOUTH	5710
37°22'55" WEST; 19.66 feet to the true point of beginning,	5711

Containing 4.540 acres total more or less, being a part of	5712
the real estate described in The State of Ohio in volume 60 page	5713
542, ALONG WITH part being out of 8 acre lot # 1196, Section 23	5714
being 1.670 acres more or less, ALONG WITH part being out of	5715
Subdivided Lot #4, Section 29 being 0.810 acres more or less,	5716
ALONG WITH part being out of Subdivided Lot #3, Section 29 being	5717
0.720 acres more or less, ALONG WITH part being out of Subdivided	5718
Lot #2, Section 29 being 0.700 acres more or less, ALONG WITH part	5719
being out of Ministerial lot #5, Section 29 being 0.600 acres more	5720
or less, ALONG WITH part being out of Ministerial lot #6, Section	5721
29 being 0.040 acres more or less.	5722

Subject to all legal easements, leases, and rights of way of	5723
record. Iron pin set are 1/2"x30" rebar with plastic caps I.D.	5724
caps labeled PMR 6196, all other monuments are as noted. Survey	5725
performed on 10/26/2006 by Philip M. Roberts, Ohio registered	5726
Surveyor No. 6196.	5727

(B) This section is curative in nature and is intended to	5728
redraw boundary lines and correct title encroachment issues	5729
between the State of Ohio property and the City of Gallipolis	5730
property near the Gallipolis Developmental Center under the	5731
jurisdiction of the Ohio Department of Mental Retardation and	5732
Developmental Disabilities.	5733

In exchange for the conveyance of the real estate described	5734
in division (A) of this section by the state, the City of	5735
Gallipolis shall convey to the state real property owned by the	5736
City and identified in such conveyance as the city's portion of	5737
the aforementioned encroachment issue.	5738

(C) Consideration for the conveyance of the real estate	5739
described in division (A) of this section shall be the mutual	5740
benefit derived by both the state and the City of Gallipolis	5741
through correcting the aforementioned title encroachments.	5742

(D) The real estate described in division (A) of this section	5743
shall be exchanged as an entire tract and not in parcels.	5744

(E) The Auditor of State, with the assistance of the Attorney	5745
General, shall prepare a deed to the real estate described in	5746
division (A) of this section. The deed shall state the	5747
consideration as mutual benefit. The deed shall be executed by the	5748
Governor in the name of the state, countersigned by the Secretary	5749
of State, sealed with the Great Seal of the State, presented in	5750
the Office of the Auditor of State for recording, and delivered to	5751
the City of Gallipolis. The City of Gallipolis shall present the	5752
deed for recording in the Office of the Gallia County Recorder.	5753

(F) The City of Gallipolis shall pay the costs of the	5754
conveyance of the real estate described in division (A) of this	5755
section, including recordation costs of the Governor's Deed.	5756

(G) This section expires one year after its effective date.

5757

Section 409. (A) The Governor is hereby authorized to execute	5758
a deed in the name of the state conveying to Tawawa Community	5759
Development Corporation, its successors and assigns, all of the	5760
state's right, title, and interest in the following described real	5761
estate:	5762

SITUATED in Xenia Township, Greene County, Ohio, and being	5763
part of Military Survey 929 and part of a 131.27-acre tract	5764
conveyed to Central State College by deed recorded in Book 85,	5765
Page 216 of deed records of said county, and being a 0.277-acre	5766
tract more particularly described as follows:	5767

BEGINNING at a PK nail set on the centerline intersection of	5768
Brush Row Road and State Route 42;	5769

THENCE from said point of beginning, SOUTH 53° 30' 00" WEST	5770
with the centerline of State Route 42 a distance of 172.54 feet to	5771
a PK nail set at a corner of a 3.14-acre tract conveyed to JLR	5772
Real Estate Investment Co., Inc., by deed recorded in Volume 376,	5773
Page 110 of the official records of said county;	5774

THENCE NORTH 8° 00' 00" EAST with the southeasterly line of	5775
said 3.14-acre tract a distance of 196.35 feet (passing 5/8" iron	5776
pins set at 42.06 feet and at 172.89 feet) to a PK nail set on the	5777
centerline of Brush Row Road;	5778

THENCE on a new division line SOUTH 50° 30' 00" EAST with	5779
said centerline a distance of 144.33 feet to the point of	5780
beginning containing 0.277 acres, more or less, subject, however,	5781
to all legal highways, easements, and restrictions of record.	5782

The above described parcel is now known as part of the	5783
dedicated right-of-way of Brush Row Road and State Route 42 and	5784
Part Lot 6A of Lauman & Rust Addition Replat of Lot 6 and 0.277	5785
acres as recorded in Plat Cabinet 36, Pages 313B & 314A of the	5786
plat records of said county.	5787

Prior Deed: Deed Book 85, Page 216.

5788

Basis of Bearing: Centerline of State Route 42 per Plat	5789
Cabinet 31/17B, SOUTH 53° 30' 00" WEST.	5790

The above described parcel is to be combined with the	5791
adjacent parcel (Tract B) and is not to be considered a separate	5792
building lot until it complies with all applicable zoning and	5793
subdivision regulations.	5794

The above description is the result of a field survey	5795
prepared by Raymond B. Mefford, Ohio Registered Surveyor No. 7367,	5796
and Judge Engineering Company, dated March 23, 2007.	5797

(B) Consideration for conveyance of the real estate is the	5798
mutual benefit accruing to the state and Tawawa Community	5799
Development Corporation for a student and community convenience	5800
center.	5801

(C) Tawawa Community Development Corporation shall pay the	5802
costs of the conveyance.	5803

(D) The Auditor of State, with the assistance of the Attorney	5804
General, shall prepare a deed to the real estate described in	5805
division (A) of this section. The deed shall be executed by the	5806
Governor in the name of the state, countersigned by the Secretary	5807
of State, sealed with the Great Seal of the state, and presented	5808
for recording in the Office of the Auditor of State. Tawawa	5809
Community Development Corporation shall present the deed for	5810
recording in the office of the Greene County Recorder.	5811

(E) This act expires one year after the effective date of	5812
this section.	5813

Section 411. (A) The Governor is hereby authorized to execute	5814
a deed in the name of the state conveying to the Board of Trustees	5815
of Cambridge Township, Guernsey County, Ohio all of the state's	5816
right, title, and interest in the following described real estate	5817
that the Director of Administrative Services has determined is no	5818
longer required for the use and benefit of the state of Ohio:	5819

Situated in the Township of Cambridge, the County of	5820
Guernsey, and the State of Ohio.	5821

Being located in the Northwest Quarter of Section 3 and the	5822
Northeast Quarter of Section 4 of Township 2, Range 3 of the	5823
United States Military Lands and being part of the residue of a	5824
256.55 acre tract -A.P.# 02-03838.000 heretofore conveyed to the	5825
State of Ohio by Deed Volume 215 at Page 522 of the Guernsey	5826
County Deed and Official Records with the tract to be conveyed	5827
being more fully described as follows:	5828

Commencing at a mag nail (found) at the Southwest corner of	5829
the Northwest Quarter of Section 3 and the Southeast corner of the	5830
Northeast Quarter of Section 4 being also the TRUE PLACE OF	5831
BEGINNING of the herein described road right of way;	5832

Thence through the bounds of the aforesaid parent tract seven	5833
(7) courses:	5834

(1) Thence North 88 deg. 38 min. 07 sec. West, 40.00 feet to	5835
a point;	5836

(2) Thence North 1 deg. 53 min. 49 sec. East, 1219.32 feet to	5837
a point;	5838

(3) Thence with a curve to the right having a radius of	5839
102.78 feet, a central angle of 89 deg. 28 min. 41 sec., an arc	5840
length of 160.50 feet, and a chord which bears North 46 deg. 38	5841
min. 10 sec. East for a distance of 144.68 feet to a point;	5842

(4) Thence South 88 deg. 37 min. 29 sec. East, 1751.60 feet	5843
to a point;	5844

(5) Thence with a curve to the left having a radius of 341.02	5845
feet, a central angle of 51 deg. 40 min. 47 sec., an arc length of	5846
307.59 feet and a chord which bears North 65 deg. 32 min. 07 sec.,	5847
East for a distance of 297.27 feet to a point;	5848

(6) Thence North 39 deg. 41 min. 44 sec. East, 149.74 feet to	5849
a point;	5850

(7) Thence with a curve to the right having a radius of	5851
374.65 feet, a central angle of 35 deg. 30 min. 21 sec., an arc	5852
length of 232.17 feet and a chord which bears North 57 deg. 26	5853
min. 52 sec. East for a distance of 228.47 feet to a point on the	5854
south line of a 60 acre tract heretofore conveyed to Mary M.	5855
Doench, Martha M. Ruppert, Majorie E. Braden and James R. Mason	5856
(O.R. 308, Pg. 233);	5857

Thence with said line South 88 deg. 08 min. 23 sec. East,	5858
354.16 feet to a point in County Road 35- Former U.S. Route 21 and	5859
passing on line a 1" iron pin (found) at 325.90 feet;	5860

Thence with said road and through the bounds of the aforesaid	5861
parent tract the following two (2) courses:	5862

(1) Thence South 2 deg. 01 min. 12 sec. West, 24.97 feet to a	5863
point reference by a railroad spike (set) at North 87 deg. 58 min.	5864
48 sec. West, 25.00 feet;	5865

(2) Thence South 2 deg. 01 min. 12 sec. West, 40.00 feet to a	5866
point;	5867

Thence leaving said road and continuing through the bounds of	5868
the aforesaid parent the following nine (9) courses:	5869

(1) Thence North 87 deg. 58 min. 48 sec. West, 245.76 feet to	5870
a point;	5871

(2) Thence with a curve to the left having a radius of 294.65	5872
feet, a central angle of 52 deg. 19 min. 28 sec., an arc length of	5873
269.08 feet and a chord which bears South 65 deg. 51 min. 28 sec.	5874
West for a distance of 259.83 feet to a point;	5875

(3) Thence South 39 deg. 41 min. 44 sec. West, 149.74 feet to	5876
a point;	5877

(4) Thence with a curve to the right having a radius of	5878
421.02 feet, a central angle of 38 deg. 11 min. 22 sec., an arc	5879
length of 280.62 feet and a chord which bears South 58 deg. 47	5880
min. 23 sec. West for a distance of 275.46 feet;	5881

(5) Thence South 1 deg. 20 min. 57 sec. West, 634.46 feet to	5882
a point;	5883

(6) Thence with a curve to the right having a radius of	5884
431.30 feet, a central angle of 13 deg. 21 min. 20 sec., an arc	5885
length of 100.53 feet and a chord which bears South 8 deg. 01 min.	5886
3 sec. West for a distance of 100.31 feet to a point;	5887

(7) Thence South 14 deg. 42 min. 16 sec. West, 121.33 feet to	5888
a point;	5889

(8) Thence with a curve to the left having a radius of 137.51	5890
feet, a central angle of 52 deg. 51 min. 50 sec., an arc length of	5891
126.87 feet and a chord which bears South 11 deg. 43 min. 3 sec.	5892
East for a distance of 122.42 feet to a point;	5893

(9) Thence South 38 deg. 09 min. 37 sec East, 18.56 feet to a	5894
point on the north lineof a 1.934 acre tract heretofore conveyed	5895
to the Trustees of Cambridge Township, Guernsey County, Ohio (O.R.	5896
350, Pg.65);	5897

Thence with said line North 88 deg. 38 min. 33 sec. West,	5898
51.13 feet to a point referenced by an iron pin (set) at North 38	5899
deg. 09 min. 37 sec. West, 88.24 feet;	5900

Thence continuing with said line North 88 deg. 38 min. 33	5901
sec. West, 46.81 feet to a point on the north line of the residue	5902
of a 62.554 acre tract heretofore conveyed to Cambridge Township,	5903
City of Cambridge, Guernsey County, Guernsey County Port Authority	5904
and the Cambridge -Guernsey County Improvement Corporation (O.R.	5905
335, Pg. 116), referenced by a mag nail (found) at North 88 deg.	5906
38 min. 33 sec. West, 16.34 feet;	5907

Thence leaving said line and through the aforesaid parent	5908
tract the following nine (9) courses:	5909

(1) Thence with a curve to the right having a radius of	5910
217.51 feet a central angle of 41 deg. 15 min. 31 sec., an arc	5911
length of 156.63 feet and a chord which bears North 5 deg. 55 min.	5912
2 sec. West for a distance of 153.27 feet to a point;	5913

(2) Thence North 14 deg. 42 min. 16 sec. East, 121.33 feet to	5914
a point;	5915

(3) Thence with a curve to the left having a radius of 351.30	5916
feet, a central angle of 13 deg. 21 min. 20 sec., an arc length of	5917
81.89 feet and a chord which bears North 8 deg. 01 min. 37 sec.	5918
East for a distance of 81.70 feet to a point;	5919

(4) Thence North 1 deg. 20 min. 57 sec. East, 623.27 feet to	5920
a point;	5921

(5) Thence with a curve to the right having a radius of	5922
421.02 feet, a central angle of 2 deg. 28 min. 49 sec., an arc	5923
length of 18.23 feet and a chord which bears North 89 deg. 51 min.	5924
29 sec. West for a distance of 18.22 feet to a point;	5925

(6) Thence North 88 deg. 37 min. 29 sec. West, 1751.60 feet	5926
to a point;	5927

(7) Thence with a curve to the left having a radius of 22.78	5928
feet, a central angle of 89 deg. 28 min. 41 sec., an arc length of	5929
35.57 feet, and a chord which bears South 46 deg. 38 min. 10 sec	5930
West for a distance of 32.06 feet to a point;	5931

(8) Thence South 1 deg. 53 min. 49 sec. West, 1178.57 feet to	5932
a point;	5933

(9) Thence South 88 deg. 38 min. 07 sec. East, 1148.69 feet	5934
to a point on a bound of the aforesaid residue of a 62.554 acre	5935
tract;	5936

Thence with said bound South 1 deg. 28 min. 54 sec. West,	5937
40.00 feet to a mag nail (found) on the north line of a 15.842	5938
acre tract heretofore conveyed to Cambridge Township (O.R 335, Pg.	5939
120) a on the south line of the Northwest Quarter of Section 3;	5940

Thence with said line North 88 deg. 38 min. 07 sec. West,	5941
1188.98 feet to the TRUE PLACE OF BEGINNING containing 10.315	5942
acres_more or less but subject to all legal highways,	5943
rights-of-way, easements, leases and restrictions of record or	5944
otherwise legally established.	5945

Bearings herein are oriented to north as determined by GPS	5946
observation, All iron pins set are 5/8"x30" re- bars with yellow	5947
plastic caps stamped "WARD 7356",	5948

The above described tract consists of 1.254 acres in Section	5949
4 and 9.061 in Section 3.	5950

(B) The General Assembly finds that the mutual benefit and	5951
exchange of services accruing to the State of Ohio from the	5952
conveyance of the real estate under this section is in the best	5953
interests of the State of Ohio and specifically beneficial to the	5954
Ohio Department of Mental Retardation and Developmental	5955
Disabilities. The Board of Trustees of Cambridge Township in	5956
Guernsey County, Ohio, agrees to accept the deed and assume	5957
responsibility for all maintenance and upkeep of the roadways	5958
thereon, following transfer from the state. Once title to the the	5959
roadways are transferred pursuant to this section of the act, the	5960
Board of Trustees of Cambridge Township agree to perpetually	5961
dedicate the roadways herein to the public's use.	5962

(C) The Auditor of State, with the assistance of the Attorney	5963
General, shall prepare a deed to the real estate described in	5964
division (A) of this section. The deed shall state the	5965
consideration as mutual benefit and exchange of services. The deed	5966
shall be executed by the Governor in the name of the state,	5967
countersigned by the Secretary of State, sealed with the Great	5968
Seal of the State, presented in the office of the Auditor of State	5969
for recording, and delivered to the Board of Trustees of Cambridge	5970
Township in Guernsey County, Ohio, who shall present the deed for	5971
recording in the office of the Guernsey County Recorder.	5972

(D) The Board of Trustees of Cambridge Township shall pay the	5973
costs of the conveyance of the real estate described in this	5974
section of this act.	5975

(E) This section expires two years after its effective date.

5976

Section 413. (A) The Governor is hereby authorized to execute	5977
a deed in the name of the state conveying to Cambridge Real Estate	5978
Holdings, LLC., hereafter the grantee, and its successors and	5979
assigns, all of the state's right, title, and interest in the	5980
following described real estate:	5981

Parcel One: Beginning for reference at a pk nail found at the	5982
Southwest Corner of the Northwest Quarter of Section 3, also being	5983
in the centerline of two private roads (Oldham and Lalakus);	5984

thence along the south line of said Northwest Quarter of	5985
Section 3, also being the south line of the lands now owned by	5986
State of Ohio (D.V. 215, Pg. 522) and the north line of the lands	5987
now owned by Cambridge Township (OR 335, Pg. 120), and the	5988
centerline of a private road (Oldham), South 89 degrees 12 minutes	5989
53 seconds East 248.68 feet to a pk nail set;	5990

thence leaving said centerline and through the lands now	5991
owned by the State of Ohio (D.V. 215, Pg. 522), North 00 degrees	5992
32 minutes 51 seconds East 40.00 feet to an iron pin set also	5993
being the true point of beginning;	5994

thence continuing through the said lands now owned by the	5995
State of Ohio (D.V. 215, Pg. 522), North 00 degrees 32 minutes 51	5996
seconds East 896.44 feet to an iron pin set adjacent to the west	5997
side of an existing concrete sidewalk;	5998

thence along the west side of said existing sidewalk, North	5999
00 degrees 32 minutes 51 seconds East 100.97 feet to an iron pin	6000
set adjacent to the south side of an existing concrete sidewalk;	6001

thence along the south side of said existing sidewalk, South	6002
89 degrees 27 minutes 08 seconds East 172.75 feet to a pk nail	6003
set;	6004

thence through and along the east side of an existing	6005
concrete sidewalk, South 00 degrees 13 minutes 51 seconds East	6006
238.38 feet to a pk nail set; thence approximately eight feet	6007
north of and parallel to the centerline of a private road	6008
(unnamed), South 89 degrees 09 minutes 24 seconds East 994.03 feet	6009
to an iron pin set adjacent to the north side of an existing	6010
concrete drive;	6011

thence along said north line of an existing concrete drive,	6012
North 88 degrees 42 minutes 07 seconds East 20.38 feet to an iron	6013
pin set;	6014

thence with a curve to the left having an arc length of 31.77	6015
feet, a radius of 22.51 feet, with a chord bearing of North 47	6016
degrees 36 minutes 43 seconds East for a distance of 29.20 feet to	6017
an iron pin set adjacent to the east side of an existing concrete	6018
drive;	6019

thence along said east side of an existing concrete drive,	6020
North 00 degrees 46 seconds 22 minutes East 140.27 feet to an iron	6021
pin set;	6022

thence leaving said east side of an existing concrete drive,	6023
South 89 degrees 56 minutes 11 seconds East 17.06 feet to a point	6024
on the north line of an existing concrete sidewalk; thence along	6025
the north line of said existing concrete sidewalk the following	6026
ten courses:	6027

1) South 70 degrees 32 minutes 48 seconds East a distance of 7.52	6028
feet to a point;	6029

2) South 62 degrees 55 minutes 21 seconds East a distance of 16.75	6030
feet to a point;	6031

3) South 59 degrees 01 minutes 31 seconds East a distance of 25.04	6032
feet to a point;	6033

4) South 55 degrees 07 minutes 32 seconds East a distance of 21.39	6034
feet to a point;	6035

5) South 59 degrees 19 minutes 35 seconds East a distance of 32.98	6036
feet to a point;	6037

6) South 65 degrees 44 minutes 51 seconds East a distance of 713	6038
feet to a point;	6039

7) South 77 degrees 52 minutes 46 seconds East a distance of 2.97	6040
feet to a point;	6041

8) North 61 degrees 31 minutes 04 seconds East a distance of 10.16	6042
feet to a point;	6043

9) North 83 degrees 16 minutes 35 seconds East a distance of 51.52	6044
feet to a point;	6045

10) South 89 degrees 28 minutes 00 seconds East a distance of 9.98	6046
feet to a point being a common corner of said north side of	6047
existing concrete sidewalk and the west side of an existing	6048
concrete drive;	6049

thence along said west side of an existing concrete drive,	6050
North 00 degrees 31 minutes 02 seconds West a distance of 21.56	6051
feet to an iron pin set;	6052

thence leaving said west side of an existing concrete drive	6053
and continuing along the north side of an existing concrete	6054
sidewalk the following five courses:	6055

1) South 89 degrees 09 minutes 21 seconds East a distance of 47.98	6056
feet to a point;	6057

2) South 61 degrees 54 minutes 41 seconds East a distance of 49.48	6058
feet to a point;	6059

3) North 88 degrees 36 minutes 50 seconds East a distance of 50.28	6060
feet to a point;	6061

4) South 61 degrees 16 minutes 33 seconds East a distance of 10.06	6062
feet to a point;	6063

5) North 88 degrees 56 minutes 31 seconds East a distance of 49.91	6064
feet to an iron pin set;	6065

thence leaving said north line of existing concrete sidewalk	6066
and forty feet west of and parallel to the centerline of a private	6067
road (Gibson) the following three courses:	6068

1) South 00 degrees 46 minutes 11 seconds West 338.29 feet to an	6069
iron pin set;	6070

2) South 14 degrees 07 minutes 30 seconds West 162.46 feet to an	6071
iron pin set;	6072

3) With a curve to the left having an arc length of 156.62 feet, a	6073
radius of 217.51 feet, with a chord bearing of South 06 degrees 30	6074
minutes 12 seconds East for a distance of 153.25 feet to a point	6075
in the centerline of a private road (Fletcher);	6076

thence following the south line of lands now owned by said	6077
State of Ohio (D.V. 215, Pg. 522), North 89 degrees 13 minutes 28	6078
seconds West 636.54 feet to a pk nail found in the intersection of	6079
two private roads (Fletcher and unnamed), passing a pk nail found	6080
in the centerline of a private road (Fletcher) at 16.37 feet;	6081

thence following the centerline of a private road (unnamed)	6082
South 00 degrees 54 minutes 08 seconds West 226.57 feet to a pk	6083
nail found in the centerline of said private road and private road	6084
(unnamed) and also being forty feet north of a pk nail found in	6085
the intersection of said private road and private road (Oldham);	6086

thence forty feet north of and parallel to the centerline of	6087
a private road (Oldham) North 89 degrees 12 minutes 53 seconds	6088
West 940.30 feet to the true point of beginning; containing 26.32	6089
acres, more or less, subject to all legal road right of ways and	6090
applicable easements, written or implied.	6091

Part of Parcel No. 02-03838.000 (+ 26.32 acres)

6092

Parcel Two: Beginning for reference at a pk nail found at the	6093
Southeast Corner of the Northwest Quarter of Section 3, also being	6094
in the intersection of C.R. 35 (Old U.S. Rt. 21) and C.R. 633;	6095

thence along the centerline of said C.R. 35 North 01 degrees	6096
32 minutes 37 seconds East 266.78 feet to a point in the	6097
centerline of said C.R. 35 also being the southeast corner of the	6098
lands now owned by State of Ohio (D.V. 215, Pg. 522) and also	6099
being the true point of beginning;	6100

thence leaving said centerline of C.R. 35 and following the	6101
south line of said lands now owned by State of Ohio (D.V. 215, Pg.	6102
522), North 89 degrees 13 minutes 28 seconds West 605.52 feet to	6103
an iron pin found, passing iron pins found at 49.98 feet and	6104
418.50 feet;	6105

thence continuing along said line North 89 degrees 13 minutes	6106
19 seconds West 185.67 feet to a point being 40 feet east of and	6107
parallel to the centerline of a private road (Gibson);	6108

thence crossing said lands now owned by State of Ohio and	6109
continuing 40 feet east of and parallel to said centerline the	6110
following four courses:	6111

1) North 38 degrees 44 minutes 21 seconds West 18.55 feet to a	6112
point;	6113

2) with a curve to the right having an arc length of 126.87 feet,	6114
a radius of 137.51 feet, with a chord bearing of North 06 degrees	6115
30 minutes 12 seconds West for a distance of 122.42 feet to an	6116
iron pin set;	6117

3) North 14 degrees 07 minutes 30 seconds East 171.82 feet to an	6118
iron pin set;	6119

4) North 00 degrees 46 minutes 11 seconds East 351.22 feet to a pk	6120
nail set in an asphalt parking lot;	6121

thence North 87 degrees 48 minutes 25 seconds East 339.69	6122
feet to an iron pin set;	6123

thence South 84 degrees 26 minutes 02 seconds East 629.16	6124
feet to a point in the centerline of C.R. 35, passing an iron pin	6125
set for reference at 529.16 feet;	6126

thence following said centerline of C.R. 35 the following	6127
four courses:	6128

1) South 39 degrees 18 minutes 52 seconds West a distance of	6129
171.23 feet to a point;	6130

2) South 28 degrees 09 minutes 52 seconds West a distance of 138.5	6131
feet to a point;	6132

3) South 01 degrees 32 minutes 55 seconds West a distance of	6133
292.31 feet to a point;	6134

4) South 01 degrees 25 minutes 35 seconds West a distance of 67.85	6135
feet to the true point of beginning;	6136

containing 12.60 acres, more or less, subject to all legal	6137
road right of ways and applicable easements, written or implied.	6138

Part of Parcel No. 02-03838.000 (+ 12.60 acres)

6139

(B) Consideration for conveyance of the real estate described	6140
in division (A) of this section is the purchase price of three	6141
million two hundred thousand dollars. The payment of the final	6142
purchase price of three million two hundred thousand dollars shall	6143
be less the aggregate amount of monthly rental payments paid from	6144
October 1, 2008, through the date of closing and less one-half of	6145
the cost of surveying the Premises.	6146

(C) The real estate described in division (A) of this section	6147
shall be sold as an entire tract and not in parcels.	6148

(D) The deed shall contain a deed restriction that the	6149
grantee shall grant the state a permanent access easement across	6150
Road 4, the access drive that runs south of Keller, in form and	6151
content acceptable to the state.	6152

(E) The deed shall contain a deed restriction that the	6153
grantee agrees that it shall not use, develop, or sell the	6154
premises such that it will interfere with the quiet enjoyment of	6155
the neighboring state-owned land.	6156

(F) Upon payment of the purchase price, the Auditor of State,	6157
with the assistance of the Attorney General, shall prepare a deed	6158
to the real estate described in division (A) of this section. The	6159
deed shall state the consideration and restrictions and shall be	6160
executed by the Governor in the name of the state, countersigned	6161
by the Secretary of State, sealed with the Great Seal of the	6162
State, presented in the Office of the Auditor of State for	6163
recording, and delivered to the grantee. The grantee shall present	6164
the deed for recording in the Office of the Guernsey County	6165
Recorder.	6166

(G) The grantee shall pay all costs associated with the	6167
purchase and conveyance of the real estate described in division	6168
(A) of this section, including recordation costs of the deed.	6169

(H) After payment of the remaining capital debt of the	6170
property, the net proceeds of the sale of the real estate	6171
described in division (A) of this section shall be deposited in	6172
the State Treasury to the credit of the Department of Mental	6173
Health Trust Fund pursuant to Section 5119.18 of the Revised Code.	6174

(I) This section expires one year after its effective date.

6175

Section 415. (A) The Governor is hereby authorized to execute	6176
a deed in the name of the state conveying to the City of Norwalk,	6177
its successors and assigns, all of the state's right, title, and	6178
interest in the following described real estate:	6179

SITUATED in the City of Norwalk, County of Huron, and State	6180
of Ohio and known as part of Lot No. 1234, said part being bounded	6181
as follows:	6182

BEGINNING at a point on the north line of Monroe Street,	6183
fifteen feet east of the Gilger Theater, thence easterly along the	6184
north line of said Monroe Street, sixty-five feet, thence	6185
northerly parallel with the east line of said Lot No. 1234, one	6186
hundred and fifty feet, thence westerly, parallel with the north	6187
line of said Monroe Street, sixty-five feet, thence southerly,	6188
parallel with the east line of said Lot No. 1234, one hundred	6189
fifty feet to the place of beginning.	6190

And being the same premises heretofore conveyed by F.B. Case	6191
and Elsie Hume Case, by deed of general warranty, to the State of	6192
Ohio, dated the first of June, 1910, and recorded in Deed Book No.	6193
77, pages 518-519, of the County of Huron, Ohio Record of Deeds.	6194

Parcel Number: 33-0200-01-031-0000

6195

(B) Consideration for the conveyance of the real estate	6196
described in division (A) of this section shall be fifty-five	6197
thousand dollars and paid to the state according to the following	6198
schedule as derived by mutual agreement reached between the state	6199
and the City of Norwalk through an executed offer to purchase:	6200

(1) Twenty thousand dollars at closing and transfer of title	6201
in accordance with this section.	6202

(2) Twenty-five thousand dollars credited at closing for	6203
tenant improvements the City of Norwalk has made to the real	6204
estate described in division (A) of this section.	6205

(3) Ten thousand dollars due and payable on the initial	6206
anniversary of the closing date.	6207

(C) The real estate described in division (A) of this section	6208
shall be sold as an entire tract and not in parcels.	6209

(D) Prior to the execution of the deed described in division	6210
(E) of this section, possession of the real estate described in	6211
division (A) of this section shall be governed by an existing	6212
interim lease between the Ohio Department of Administrative	6213
Services and the City of Norwalk.	6214

(E) Upon payment of the purchase price, the Auditor of State,	6215
with the assistance of the Attorney General, shall prepare a deed	6216
to the real estate described in division (A) of this section. The	6217
deed shall state the consideration and shall be executed by the	6218
Governor in the name of the state, be countersigned by the	6219
Secretary of State, sealed with the Great Seal of the State,	6220
presented in the Office of the Auditor of State for recording, and	6221
delivered to the City of Norwalk. The City shall present the deed	6222
for recording in the Office of the Huron County Recorder.	6223

(F) The deed shall contain the following deed restriction:

6224

This conveyance is subject to the qualifications and	6225
conditions set forth in the deed of F.B. and Elsie Hume Case to	6226
the State of Ohio, bearing date June 1, 1910, recorded in the deed	6227
records of Huron County, Volume 77, Pages 518 and 519, which deed	6228
states that "[i]f at any time said premises shall cease to be used	6229
as a site for an Armory or other Public Building, then said	6230
premises shall revert to the said F.B. Case, the grantor, his	6231
heirs or assigns, be the same more or less, but subject to all	6232
legal highways.	6233

(G) The City of Norwalk shall pay the costs of the conveyance	6234
of the real estate described in division (A) of this section,	6235
including recording costs of the deed.	6236

(H) The net proceeds of the sales of the parcel described in	6237
division (A) of this section shall be deposited in the state	6238
treasury to the credit of the Armory Improvements Fund created	6239
pursuant to section 5911.10 of the Revised Code.	6240

(I) This section shall expire one year after its effective	6241
date.	6242

Section 417. (A) The Governor is hereby authorized to execute	6243
a deed in the name of the state conveying to The University of	6244
Toledo Foundation ("Grantee"), an Ohio 501(C)(3), not-for-profit	6245
corporation, all of the state's right, title and interest in the	6246
following described real estate:	6247

A parcel of land in the southwest quarter of Fractional	6248
Section 32, Town 9 South, Range 7 East, City of Toledo, Lucas	6249
County, Ohio, comprising part of Joseph Brothers Addition recorded	6250
in Plat Book 59, Page 26, Lucas County Recorder's Office, part of	6251
the W.A. Hodge Addition, recorded in Plat Book 28, Page 21, Lucas	6252
County Recorder's Office, and parts of vacated roads within the	6253
W.A. Hodge Subdivision, further bounded and described as follows:	6254

Commencing at the intersection of the centerlines of Dorr	6255
Street, as it now exists, and Secor Road, as it now exists, said	6256
intersection being marked with an empty monument box, (point	6257
established using reference nails);	6258

thence North 01 degrees 28 minutes 54 seconds West a distance	6259
of 214.07 feet (214.20 feet record) along said centerline of Secor	6260
Rd., to the northerly line of a parcel of land conveyed to JMB	6261
Investments, LLC in Instrument Number 200612290087115, Lucas	6262
County Recorder's Office;	6263

thence North 89 degrees 57 minutes 51 seconds East a distance	6264
of 50.01 feet along the northerly line of said JMB Investment	6265
parcel, to the easterly existing right of way line of Secor Rd.,	6266
(Railroad Spike found 0.04 feet North, 0.01 feet East), said point	6267
being the TRUE POINT OF BEGINNING;	6268

thence North 01 degrees 28 minutes 54 seconds West a distance	6269
of 1055.10 feet along said easterly existing right of way line of	6270
Secor Rd., same being the westerly line of said Joseph Brothers	6271
Addition and the westerly property line of the Grantor, to a	6272
capped iron rod set on the northerly line of said Joseph Brothers	6273
Addition;	6274

thence South 75 degrees 26 minutes 34 seconds East a distance	6275
of 541.38 feet along said northerly line of said Joseph Brothers	6276
Addition, same formally being the southerly right of way line of	6277
the Toledo-Angola and Western Railroad, to a capped iron rod set;	6278

thence South 00 degrees 03 minutes 32 seconds West a distance	6279
of 162.81 feet along a line that is 5.00 feet westerly of and	6280
parallel with a westerly face of Rocket Hall as it now exists, to	6281
a capped iron rod set;	6282

thence North 89 degrees 56 minutes 28 seconds West a distance	6283
of 9.60 feet along a line that is 5.00 feet westerly of and	6284
perpendicular to a westerly face of Rocket Hall as it now exists,	6285
to a capped iron rod set;	6286

thence South 00 degrees 03 minutes 32 seconds West a distance	6287
of 30.28 feet along a line that is 5.00 feet westerly of and	6288
parallel with a westerly face of Rocket Hall as it now exists, to	6289
a capped iron rod set;	6290

thence North 89 degrees 56 minutes 28 seconds West a distance	6291
of 34.30 feet along a line that is 5.00 feet westerly of and	6292
perpendicular to a westerly face of Rocket Hall as it now exists,	6293
to a capped iron rod set;	6294

thence South 00 degrees 03 minutes 32 seconds West a distance	6295
of 116.56 feet along a line that is 5.00 feet westerly of and	6296
parallel with a westerly face of Rocket Hall as it now exists, to	6297
a capped iron rod set;	6298

thence North 89 degrees 56 minutes 28 seconds West a distance	6299
of 14.10 feet along a line that is 5.00 feet westerly of and	6300
perpendicular to a westerly face of Rocket Hall as it now exists,	6301
to a capped iron rod set;	6302

thence South 00 degrees 03 minutes 32 seconds West a distance	6303
of 227.18 feet along a line that is 5.00 feet westerly of and	6304
parallel with a westerly face of Rocket Hall as it now exists, to	6305
a capped iron rod set;	6306

thence South 89 degrees 56 minutes 28 seconds East a distance	6307
of 13.49 feet along a line that is 5.00 feet westerly of and	6308
perpendicular to a westerly face of Rocket Hall as it now exists,	6309
to a capped iron rod set;	6310

thence South 00 degrees 03 minutes 32 seconds West a distance	6311
of 77.47 feet along a line that is 5.00 feet westerly of and	6312
parallel with a westerly face of Rocket Hall as it now exists, to	6313
a capped iron rod set;	6314

thence South 89 degrees 56 minutes 28 seconds East a distance	6315
of 394.66 feet along a line that is 5.00 feet southerly of and	6316
parallel with a southerly face of Rocket Hall as it now exists, to	6317
a "MAG" nail set on the approximate centerline of West Campus	6318
Road, a private road on the campus of the University of Toledo;	6319

thence South 00 degrees 01 minutes 03 seconds East a distance	6320
of 207.74 feet along the approximate centerline of said West	6321
Campus Rd., to a "MAG" nail set at a point of curvature in said	6322
approximate centerline;	6323

thence in a southeasterly direction along the approximate	6324
centerline of said West Campus Rd., along an arc of curve to the	6325
left an arc distance of 233.19 feet to a "MAG" nail set at the	6326
point of tangency, said arc of arc curve to the left having a	6327
radius of 148.50 feet, a central angle of 89 degrees 58 minutes 25	6328
seconds, a chord distance of 209.96 feet and a chord bearing of	6329
South 45 degrees 00 minutes 15 seconds East;	6330

thence South 89 degrees 59 minutes 28 seconds East a distance	6331
of 575.63 feet along the approximate centerline of said West	6332
Campus Rd., to a "MAG" nail set at a point of curvature in said	6333
approximate centerline;	6334

thence in a northeasterly direction along an arc that is	6335
approximately 15 feet northwesterly of the southerly face of curb	6336
line of said West Campus Rd., along an arc of curve to the left an	6337
arc distance of 179.70 feet to a "MAG" nail set at a point of	6338
tangency, said arc of curve to the left having a radius of 250.50	6339
feet, a central angle of 41 degrees 06 minutes 10 seconds, a chord	6340
distance of 175.87 feet and a chord bearing of North 69 degrees 27	6341
minutes 27 seconds East:	6342

thence North 48 degrees 54 minutes 22 seconds East a distance	6343
of 135.26 feet along a line that is approximately 15 feet	6344
northwesterly of the southerly face of curb line of said West	6345
Campus Rd., to a "MAG" nail set at a point of curvature;	6346

thence in an easterly direction, along an arc that is	6347
approximately 15 feet northerly of the southerly face of curb line	6348
of said West Campus Rd., along an arc of curve to the right an arc	6349
distance of 140.67 feet to a "MAG" nail set an a point of compound	6350
curvature, said arc of curve to the right having a radius of	6351
166.50 feet, a central angle of 48 degrees 24 minutes 27 seconds,	6352
a chord distance of 136.52 feet and a chord bearing of North 73	6353
degrees 06 minutes 35 seconds East;	6354

thence in a southeasterly easterly direction along an arc	6355
that is approximately 15 feet northeasterly of the westerly face	6356
of curb line of said West Campus Rd., along an arc of curve to the	6357
right an arc distance of 69.61 feet to a "MAG" nail set at a point	6358
of tangency, said arc of curve to the right having a radius of	6359
49.00 feet, a central angle of 81 degrees 24 minutes 02 seconds, a	6360
chord distance of 63.91 feet and a chord bearing of South 41	6361
degrees 59 minutes 10 seconds East;	6362

thence South 01 degrees 17 minutes 09 seconds East a distance	6363
of 42.68 feet along a line that is approximately 15 feet easterly	6364
of the westerly face of curb line of said West Campus Rd to a	6365
"MAG" nail;	6366

thence South 00 degrees 04 minutes 25 seconds East a distance	6367
of 206.93 feet along a line that is approximately 15 feet easterly	6368
of the westerly face of curb line of said West Campus Rd to a	6369
"MAG" nail set on the northerly existing right of way line of said	6370
Dorr St.;	6371

thence North 90 degrees 00 minutes 00 seconds West a distance	6372
of 536.86 feet along said northerly existing right of way line of	6373
Dorr St., said line being 54 feet northerly of and parallel with	6374
the centerline of said Dorr St. and also being the southerly	6375
property line of the Grantor, to an capped iron rod set;	6376

thence South 89 degrees 57 minutes 51 seconds West a distance	6377
of 779.02 feet continuing along said northerly existing right of	6378
way line of Dorr St., said line being 54.00 feet northerly of and	6379
parallel with the centerline of said Dorr St. and also being the	6380
southerly property line of the Grantor, to an capped iron rod set	6381
on the easterly line of said Joseph Brothers Addition;	6382

thence South 00 degrees 04 minutes 11 seconds West a distance	6383
of 4.00 feet continuing along said northerly existing right of way	6384
line of said Dorr St., same being the easterly line of said Joseph	6385
Brothers Addition and a westerly property line of the Grantor, to	6386
a capped iron rod set;	6387

thence South 89 degrees 57 minutes 51 seconds West a distance	6388
of 560.29 feet continuing along said northerly existing right of	6389
way line of said Dorr St., same being the southerly line of said	6390
Joseph Brothers Addition and the southerly property line of the	6391
Grantor to a point on the easterly line of a parcel of land	6392
conveyed to JMB Investments, LLC in Instrument Number	6393
200612290087115, Lucas County Recorder's Office, (D.G. Bohning	6394
capped iron rod found 0.08 feet North, 0.00 feet East);	6395

thence North 00 degrees 02 minutes 09 seconds West a distance	6396
of 164 feet along said easterly line of a parcel of land conveyed	6397
to JMB Investments, LLC, to a point, ("MAG" nail found 0.00 feet	6398
North, 0.06 feet East);	6399

thence South 89 degrees 57 minutes 51 seconds West a distance	6400
of 135.39 feet along said northerly line of a parcel of land	6401
conveyed to JMB Investments, LLC to the TRUE POINT OF BEGINNING	6402
enclosing an area of 20.140 acres, more or less, contained within	6403
Lucas County Auditor's parcel numbers 20-83900 (1.004 acres),	6404
20-83911 (1.467 acres), 20-83920 (0.560 acres), 20-83931 (0.390	6405
acres), 20-83941 (1.659 acres), 20-83960 (9.101 acres) and	6406
20-83964 (0.348 acres) within said Joseph Brothers Addition and	6407
Lucas County Auditor's parcel number 20-83720 (5.611 acres) within	6408
said W.A. Hodge Addition, subject to any and all leases, easements	6409
and restrictions of record.	6410

The basis of bearings shown are relative an assumed meridian	6411
and are shown to denote angular measurement only.	6412

This description was prepared by Teresa L. Tucker and	6413
reviewed by Kenneth E. Ducat, Registered Surveyor Number 6783, DGL	6414
CONSULTING ENGINEERS, LLC, on September 4, 2008. This description	6415
is based on a field survey made in January of 2008 by DGL	6416
CONSULTING ENGINEERS, LLC under the direction and supervision of	6417
Kenneth E. Ducat, Registered Surveyor No. 6783.	6418

(B) Consideration for the conveyance of the real estate	6419
described in division (A) of this section shall be the mutual	6420
benefit accruing to the state and the Grantee for a new parking	6421
structure. The following conditions apply to the transaction:	6422

(1) Grantee will facilitate a development on the real estate	6423
described in division (A) of this section pursuant to a request	6424
for proposal issued by Grantee;	6425

(2) Grantee shall construct a parking structure built upon	6426
the real estate described in division (A) of this section in the	6427
initial phase of the development. The University of Toledo shall	6428
have use of the parking structure for its students, faculty, and	6429
staff. The University of Toledo shall not be financially	6430
responsible for construction of or any current or future	6431
maintenance to the parking structure.	6432

(3) The value derived by The University of Toledo from the	6433
Grantee is determined to be $15,000 per parking space calculated	6434
to guarantee a minimum total tangible value of $7,500,000 over a	6435
term of forty years, commencing on the date The University of	6436
Toledo begins use of the proposed parking spaces.	6437

(4) A condition precedent to the delivery of the deed shall	6438
be approval by the Ohio Attorney General's Office of a lease	6439
agreement between The University of Toledo and the Grantee	6440
affecting the proposed parking structure.	6441

The real estate closing for delivery of the deed and the	6442
closing of construction financing by the Grantee or Grantee's	6443
developer for the first phase of construction shall be	6444
simultaneous.	6445

(C) The real estate described in division (A) of this section	6446
shall be sold as an entire tract and not in parcels.	6447

(D) Prior to the execution of the deed described in division	6448
(E) of this section, possession of the real estate described in	6449
division (A) of this section shall be governed by an existing	6450
interim lease between the Ohio Department of Administrative	6451
Services and the Grantee.	6452

(E) The Auditor of State, with the assistance of the Attorney	6453
General, shall prepare a deed to the real estate described in	6454
division (A) of this section. The deed shall state the	6455
consideration and shall be executed by the Governor in the name of	6456
the state, countersigned by the Secretary of State, sealed with	6457
the Great Seal of the State, presented in the Office of the	6458
Auditor of State for recording, and delivered to the Grantee. The	6459
Grantee shall present the deed for recording in the office of the	6460
Lucas County Recorder.	6461

(F) The Grantee shall pay the costs of the conveyance of the	6462
real estate described in division (A) of this section, including	6463
recordation costs of the deed.	6464

(G) This section expires two years after its effective date.

6465

Section 419. (A) The Governor is hereby authorized to execute	6466
a deed in the name of the state conveying to Mr. Charles Knapke as	6467
the Grantee, and his successors and assigns, all of the state's	6468
right, title, and interest in the following described real estate:	6469

DESCRIPTION FOR 1.353 ACRE PARCEL	6470

Situated in the State of Ohio, County of Mercer, Township of	6471
Liberty, being part of the Northeast Quarter of Section 28,	6472
Township 5 South, Range 1 East, and being 1.353 acres out of that	6473
3.789 acre tract as conveyed to State of Ohio in Official Record	6474
Book 153, Page 48, all references being to those of record in the	6475
Recorder's Office, Mercer County, Ohio, said 1.353 acre parcel	6476
being more particularly bounded and described as follows:	6477

Commencing at a mag nail found at the southeast comer of the	6478
northeast quarter of Section 28, and at intersection of Skeels	6479
Road (60 foot in width) and Wabash Road (40 foot in width);	6480

Thence along the centerline of said Skeels Road and the half	6481
section line of Section 28, North 88°07'29" West, 818.74 feet to a	6482
railroad spike found at the southwesterly comer of that 2.995 acre	6483
tract as conveyed to Charles G. Knapke and Martin R. Knapke in	6484
Deed Volume 322, Page 542, said railroad spike being the Point of	6485
Beginning of the 1.353 acre parcel herein described;	6486

Thence continuing along the said centerline and the said half	6487
section line, North 88°07'29" West, 177.97 feet to a point;	6488

Thence across said 3.789 acre tract, North 01°09'03" East,	6489
passing an iron pin set in the northerly line of said Skeels Road	6490
at 30.00 feet, a total distance of 312.83 feet to an iron pin set	6491
on the southerly property line of that 143.225 acre tract as	6492
conveyed to Hope E. Rock in Deed Volume 260, Page 340;	6493

Thence along the southerly line of said Hope E. Rock tract,	6494
South 87°34'57" East, 200.00 feet to an iron pin found;	6495

Thence along the westerly line of the said Charles G. Knapke	6496
and Martin R. Knapke tract, South 05°12'03" West, passing an iron	6497
pin found in the northerly line of said Skeels Road at 281.45	6498
feet, a total distance of 311.44 feet to the Point of Beginning	6499
and containing 1.353 total acres (0.123 acres in Right-of-Way,	6500
leaving a residual of 1.230 acres), more or less according to a	6501
survey conducted by Jobes Henderson & Associates, Inc. in May of	6502
2007.	6503

Said 1.353 acre tract to be added to the tract to the East,	6504
2.995 acre tract as conveyed to Charles G. Knapke and Martin R.	6505
Knapke in Deed Volume 322, Page 542.	6506

The above described 1.353 acre parcel is contained within	6507
Mercer County Auditor Parcel Number 04-28-200-002, Tax Number	6508
28-009350.0000.	6509

The bearings in the above description are based on the Ohio	6510
State Plane Coordinate System, Ohio North Zone, NAD83.	6511

All iron pins set are 5/8" rebar by 30 inches in length with	6512
red surveyors identification caps marked "J&H, PS 8283".	6513

DESCRIPTION FOR 2.414 ACRE PARCEL	6514

Situated in the State of Ohio, County of Mercer, Township of	6515
Liberty, being part of the Northeast Quarter of Section 28,	6516
Township 5 South, Range 1 East, and being 2.414 acres out of that	6517
3.789 acre tract as conveyed to State of Ohio in Official Record	6518
Book 153, Page 48, all references being to those of record in the	6519
Recorder's Office, Mercer County, Ohio, said 2.414 acre parcel	6520
being more particularly bounded and described as follows:	6521

Commencing at a mag nail found at the southeast corner of the	6522
northeast quarter of Section 28, and at intersection of Skeels	6523
Road (60 foot in width) and Wabash Road (40 foot in width);	6524

Thence along the centerline of said Skeels Road and the half	6525
section line of Section 28, North 88°07'29" West, passing a	6526
railroad spike found at the southwesterly corner of that 2.995	6527
acre tract as conveyed to Charles G. Knapke and Martin R. Knapke	6528
in Deed Volume 322, Page 542 at 818.74 feet, a total distance of	6529
996.71 feet, said point being the Point of Beginning of the 2.414	6530
acre parcel herein described;	6531

Thence continuing along the said centerline and the said half	6532
section line, North 88°07'29" West, 334.53 feet to a mag nail	6533
found at the southeasterly corner of that 143.225 acre tract as	6534
conveyed to Hope E. Rock in Deed Volume 260, Page 340;	6535

Thence along the easterly line of said Hope E. Rock tract,	6536
North 01°09'03" East, passing an iron pin found in the northerly	6537
line of said Skeels Road at 30.00 feet, a total distance of 316.00	6538
feet to an iron pin set;	6539

Thence along the southerly line of said Hope E. Rock tract,	6540
South 87°34'57" East, 334.59 feet to an iron pin set;	6541

Thence across said 3.789 acre tract, South 01°09'03" West,	6542
passing an iron pin set in the northerly line of said Skeels Road	6543
at 282.83 feet, a total distance of 312.83 feet to the Point of	6544
Beginning and containing 2.414 acres (0.230 acres in Right-of-Way,	6545
leaving a residual of 2.184 acres), more, more or less according	6546
to a survey conducted by Jobes Henderson & Associates, Inc. in May	6547
of 2007.	6548

The above described 2.414 acre parcel is contained within	6549
Mercer County Auditor Parcel Number 04-28-200-002, Tax Number	6550
28-009350.0000.	6551

The bearings in the above description are based on the Ohio	6552
State Plane Coordinate System, Ohio North Zone, NAD83.	6553

All iron pins set are 5/8" rebar by 30 inches in length with	6554
red surveyors identification caps marked "J&H, PS 8283".	6555

Subject to all valid and existing easements, restrictions and	6556
conditions of record.	6557

(B) Consideration for the conveyance of the real estate	6558
described in division (A) of this section is the purchase price of	6559
twenty thousand seven hundred eighteen dollars and fifty cents.	6560

(C) The real estate described in division (A) of this section	6561
shall be sold as an entire tract and not in parcels.	6562

(D) Upon payment of the purchase price, the Auditor of State,	6563
with the assistance of the Attorney General, shall prepare a deed	6564
to the real estate described in division (A) of this section. The	6565
deed shall state the consideration and shall be executed by the	6566
Governor in the name of the state, countersigned by the Secretary	6567
of State, sealed with the Great Seal of the State, presented in	6568
the Office of the Auditor of State for recording, and delivered to	6569
the Grantee. The Grantee shall present the deed for recording in	6570
the Office of the Mercer County Recorder.	6571

(E) The Grantee shall pay the costs of the conveyance of the	6572
real estate described in division (A) of this section, including	6573
recordation costs of the deed.	6574

(F) The net proceeds of the sale of the real estate described	6575
in division (A) of this section shall be deposited in the State	6576
Treasury to the credit of the General Revenue Fund.	6577

(G) This sale shall not occur until the MARCS Celina Tower in	6578
Mercer County is fully functioning.	6579

(H) This section shall expire two years after its effective	6580
date.	6581

Section 421. (A) The Governor is hereby authorized to	6582
execute a deed in the name of the state conveying to the Scioto	6583
Township Board of Trustees, hereafter the grantee, and its	6584
successors and assigns, all of the state's right, title, and	6585
interest in the following described real estate:	6586

Situated in the Township of Scioto, County of Pickaway, the	6587
State of Ohio and a part of V.M.S 931 being more particularly	6588
bounded and described as follows:	6589

Being a part of a 1,324.473 acre tract as shown on Plat of	6590
Survey recorded in Plat Book 7, Page 201 in the Pickaway County	6591
Recorder's Office also reference Deed Book 71, Pages 185-186 in	6592
the Pickaway County Recorder's Office;	6593

Beginning at a point in the centerline of State Route 762	6594
being N83º29'25"W 1482.99 feet distant from the point of	6595
intersection of said centerline with the centerline of Morgan	6596
Road;	6597

Thence with the centerline of State Route 762 N83º30'09"W	6598
484.00 feet to a point;	6599

Thence leaving said centerline and going with three new lines	6600
through said 1,324.473 acre tract the following calls;	6601

N06º29'51"E 450.00 feet (passing an iron pin set at 35.00	6602
feet) to an iron pin set;	6603

Thence S83º30'09"E 484.00 feet to an iron pin set;

6604

Thence S06º29'51"W 450.00 feet (passing an iron pin set at	6605
415.00 feet) to the POINT OF BEGINNING:	6606

Containing 5.000 Acres, more or less.

6607

Subject to all existing valid rights-of-way and easements of	6608
record.	6609

Bearing reference for this survey is the North line of the	6610
above referenced 1,324.473 acre tract as described in Plat Book 7,	6611
page 201 being S79º55'28"E.	6612

All iron pins are set 5/8" diameter X30" long rebar with a	6613
yellow plastic identification cap stamped "M.E. CLARK ASSOC."	6614

(B) Consideration for conveyance of the real estate described	6615
in division (A) of this section is the purchase price of five	6616
thousand dollars.	6617

(C) The real estate described in division (A) of this section	6618
shall be sold as an entire tract and not in parcels.	6619

(D) Upon payment of the purchase price, the Auditor of State,	6620
with the assistance of the Attorney General, shall prepare a deed	6621
to the real estate described in division (A) of this section. The	6622
deed shall state the consideration and restrictions and shall be	6623
executed by the Governor in the name of the state, countersigned	6624
by the Secretary of State, sealed with the Great Seal of the	6625
State, presented in the Office of the Auditor of State for	6626
recording, and delivered to the grantee. The grantee shall present	6627
the deed for recording in the Office of the Pickaway County	6628
Recorder.	6629

(E) The deed shall contain a deed restriction that the	6630
grantee shall use the real estate described in division (A) of	6631
this section solely for fire station, emergency medical services	6632
and its employee training, law enforcement and other criminal	6633
justice purposes, or governmental functions and offices of the	6634
Villages of Orient. Such uses shall not in any way adversely	6635
affect the use and operation of the Multi-Agency Radio	6636
Communication System located adjacent to the real estate described	6637
in division (A) of this section.	6638

(F) The deed shall contain a deed restriction that requires	6639
the grantee to initiate construction within five years of the	6640
effective date of this section. In the event the grantee breaches	6641
the provision of division (F) of this section, title to the real	6642
estate described in division (A) of this section may revert to the	6643
State, at the sole discretion of the Director of Administrative	6644
Services and the Department of Rehabilitation and Correction, for	6645
the jurisdictional use of the Department of Rehabilitation and	6646
Correction and the Department of Rehabilitation and Correction	6647
shall reimburse grantee the purchase price of five thousand	6648
dollars.	6649

(G) The grantee shall pay the costs of the conveyance of the	6650
real estate described in division (A) of this section, including	6651
recordation costs of the deed.	6652

(H) The net proceeds of the sale of the real estate described	6653
in division (A) of this section shall be deposited in the State	6654
Treasury to the credit of the General Revenue Fund.	6655

(I) This section expires one year after its effective date.

6656

Section 423. (A) The Governor is hereby authorized to	6657
execute a deed in the name of the state conveying to the Preble	6658
Shawnee Local School District, Preble County, Ohio, and its	6659
successors and assigns, all of the state's right, title, and	6660
interest in the following described real estate:	6661

Parcel One	6662

SITUATED in Section 9, Gratis Township, Preble County, Ohio	6663
and being 30.474 acres, part of an original 160 acre tract as	6664
described in Deed Book 231, page 401. Preble County Deed Records,	6665
the same being under land contract as described in Deed Book 219,	6666
Page 680,P.C.D.R.; said 30.474 acre tract being bounded and	6667
described as follows:	6668

BEGINNING at the southwesterly corner of Section 9 on the	6669
centerline of Somers-Gratis Road, the same being the southeasterly	6670
corner of Section 8;	6671

THENCE from said point of beginning and along the westerly	6672
line of said Section 9, the same being the easterly line of	6673
Section 8 North 0° 03' 12" West 2655.10 feet to the northwesterly	6674
corner of the southwesterly corner of Section 9;	6675

THENCE along the one-half section of said Section 9, the same	6676
being the southerly line of an original 173 acre tract (Deed Book	6677
253, Page 652, PCDR), and also being the northerly line of the	6678
aforesaid original 160 acre tract (Deed Book 231, Page 401 and	6679
Deed Book 219, Page 680, P.C.D.R.) SOUTH 89° 57'19" East 500.00	6680
feet;	6681

THENCE in said original 160 acre tract by new division line	6682
SOUTH 0° 03' 12" East 2654.71 feet to the southerly line of	6683
Section 9 on the centerline of Somers-Gratis Road;	6684

AND THENCE along said west line 500.00 feet to the point of	6685
beginning CONTAINING 30.474 acres, according to a survey (Drawing	6686
E-7631) by Duane, Hasselbring. Kuhlman and Associates, Registered	6687
Surveyors, Middletown, Ohio, December, 1980. V. Frederic Duane,	6688
Ohio Registered Surveyor No. 4494. Subject however to all rights	6689
of way, easements and restrictions of record, heretofore granted	6690
which are applicable to and effective against said property.	6691

Parcel Number C424309300000010000.

6692

Parcel Two	6693

Situated in Section 8, Town 4, Range 3 East, Gratis Township,	6694
Preble County, Ohio, and being the original 57 acre tract (61.464	6695
acres by new survey) as described in Deed Book 299, Page 74,	6696
Preble County Deed Records; said 61.464 acre tract being bounded	6697
and described as follows:	6698

BEGINNING at the southwesterly corner of Section 8 on the	6699
centerline of Somers-Gratis Road, the same being the southwesterly	6700
corner of Section 9;	6701

thence from said point of beginning and continuing along said	6702
centerline south 89° 56' 33" west 1006.05 feet to the	6703
southwesterly corner of the herein described 61.464 acre tract,	6704
the same being the southwesterly corner of the aforesaid original	6705
57 acre tract, and also being the southeasterly corner of a 40.324	6706
acre tract (Deed Book 315, Page 387, P.C.D.R.);	6707

thence along the westerly line of the herein described tract,	6708
the same being the easterly line of the aforesaid 40.324 acre	6709
tract and the easterly line of the 54.37 acre tract (Deed Book	6710
271, Page 135, P.C.D.R.) the following courses:	6711

(1) North 0° 06' 52" West 1020.18 feet;

6712

(2) North 0° 02' 59" West 1592.60 feet to the northwesterly	6713
corner of the herein described tract, on the one half section	6714
line, the same being the southerly line of a 157 acre tract as	6715
described in Deed Book 271, Page 135 P.C.D.R.;	6716

thence along the said line South 89° 37' 15' east 1007.13 to	6717
the northeasterly corner of the southeasterly one quarter of	6718
Section 8, the same being the northwesterly corner of the	6719
southwesterly one quarter of Section 9;	6720

And thence along the easterly line of Section 8 South 0° 03'	6721
12" East 2655.10 feet to the point of beginning, containing 61.464	6722
acres according to a survey (drawing E-7631) by Duane,	6723
Hasselbring, Kuhlman & Associates, Registered Surveyors,	6724
Middletown, Ohio, December, 1980. V. Frederic Duane, Ohio	6725
Registered Surveyor No. 4494. Said land being subject to an	6726
easement granted to Dayton Power and Light by Deed Vol. 185, page	6727
264, P.C.D.R.. Said land being further subject to all rights of	6728
way, easements and restrictions of record heretofore granted with	6729
are applicable to and effective against said property.	6730

Parcel Number C424308400000020000

6731

(B) Consideration for conveyance of the real estate described	6732
in division (A) of this section is the purchase price of ten	6733
dollars. The real estate was originally conveyed to the State of	6734
Ohio as collateral for school construction facility bonds issued.	6735
Once the construction project was completed, the state was to have	6736
conveyed title to the real estate back to the Preble Shawnee Local	6737
School District, which conveyance never occurred. This section	6738
corrects that oversight.	6739

(C) The Preble Shawnee Local School District shall pay all	6740
costs associated with the purchase and conveyance of the real	6741
estate described in division (A) of this section, including, but	6742
not limited, to recordation costs of the deed.	6743

(D) Possession of the premises prior to transfer shall be	6744
governed by an existing interim lease between the State of Ohio	6745
and the Preble Shawnee Local School District.	6746

(E) Upon payment of the purchase price, the Auditor of State,	6747
with the assistance of the Attorney General, shall prepare a deed	6748
to the real estate described in division (A) of this section. The	6749
deed shall be executed by the Governor in the name of the state,	6750
countersigned by the Secretary of State, sealed with the Great	6751
Seal of the State, presented in the Office of the Auditor of State	6752
for recording, and delivered to the Preble Shawnee Local School	6753
District. The School District shall present the deed for recording	6754
in the Office of the Preble County Recorder.	6755

(F) The net proceeds of the sale of the real estate described	6756
in division (A) of this section shall be deposited in the State	6757
Treasury to the credit of the General Revenue Fund.	6758

(G) This section expires one year after its effective date.

6759

Section 425. (A) Pursuant to Section 5911.10 of the Revised	6760
Code, the Governor is hereby authorized to execute a deed in the	6761
name of the state, conveying to a buyer or buyers to be determined	6762
in the manner provided in division (C) of this section, and the	6763
buyer's or buyers' successors and assigns or heirs and assigns,	6764
all of the state's right, title and interest in the following	6765
described parcels of real estate that the Adjutant General has	6766
determined are no longer needed by the Ohio National Guard for	6767
armory or military purposes:	6768

Parcel No. 1 Delaware Armory property

6769

Situated in the County of Delaware, in the State of Ohio, and	6770
in the City of Delaware, and bounded and described as follows:	6771
Being in lot No. eighty-eight (88) as designated on the town plat	6772
of the said town of Delaware, excepting therefrom 43 feet from the	6773
east side thereof, being the same premises conveyed by H. E.	6774
Martin and wife to E. A. Adams by deed date July 2, 1869. Also all	6775
that part of a fractional lot lying immediately south of In-Lot 88	6776
in the Town of Delaware, County of Delaware, and State of Ohio,	6777
sold by Lucy Martin and her husband to E. A. Adams not conveyed by	6778
quit-claim deed to one Calvin Welch, and being the same premises	6779
conveyed to B. H. Hyatt by William Brown, Sheriff of Delaware	6780
County on the 4th Day of January A.D. 1873, being the same more of	6781
less, but subject to all legal highways, and being the same	6782
premises conveyed by B. H. Hyatt and wife to Margaret A. Perry,	6783
March 16, 1878 and recorded on Volume 71, Page 363, Delaware	6784
County Record of Deeds.	6785

Permanent Parcel No: 519-433-02-004-000

6786

79 West William Street, Delaware, Ohio 43015

6787

Parcel No. 2 Ashland Armory property

6788

Situated in the City of Ashland, County of Ashland, State of	6789
Ohio. Being a part of the Northeast Quarter of Section 17,	6790
Township 22, Range 16 and bounded and described as follows:	6791

Commencing at an iron pin on the North line of East Main	6792
Street at the Southwest corner of that parcel of land deeded by	6793
the heirs-at-law of Mary Cummings and L.Q. Cummings, deceased to	6794
Phillip A. Myers by deed dated November 25th, 1922, recorded in	6795
Volume 151, Page 12 Ashland County, Ohio, Deed Records, which iron	6796
pin is North 70°14' West a distance of four hundred and	6797
seventy-five and thirty hundredths (475.30) feet from an iron pin	6798
at the Northwest corner of East Main and Holbrook Streets, thence	6799
from said beginning point North 17°55' East a distance of three	6800
hundred eighty-nine and eight hundredths (389.08) feet to a stake	6801
on the south line of lands conveyed April 23, 1921 by the heirs of	6802
Mary Cummings and L.Q. Cummings, deceased, to Philip A. Myers,	6803
which deed is recorded in Volume 149, Page 93, of the Deed Records	6804
of Ashland County, Ohio, and to which reference is hereto made;	6805
thence with said last mentioned line North 74°and 23' East and	6806
along the South line of said Myers land a distance of two hundred	6807
ten and thirty-five hundredths (210.35) feet to a stake in the	6808
creek; thence South 17°55" West and parallel to the West line of	6809
lands herein conveyed a distance of five hundred nine and seven	6810
hundredths (509.07) feet to an iron pin on the North line of East	6811
Main Street; thence North 70°14' West and along the North line of	6812
said East Main Street a distance of one hundred and seventy-five	6813
and five hundredths (175.05) feet to the place of beginning as	6814
surveyed November 16, 1922, by E. L. Berry, City Engineer.	6815

Parcel No. 3 Mansfield Armory property	6816

Situated in the City of Mansfield, County of Richland, and	6817
State of Ohio and bounded and described as follows:	6818

Beginning at the intersection of the centerline of Ashland	6819
Road of Lincoln Highway and the centerline of Ritter's Run where	6820
the same crosses said Highway: thence in an easterly direction	6821
along the center line of said Ritter's Run three hundred and fifty	6822
and three tenths feet (350.3): thence east long the center of said	6823
creek following a curve of twelve degrees to the left, two hundred	6824
thirteen and nineteen hundredths (213.19) feet; thence east on a	6825
straight line along the center line of said creek six hundred a	6826
five foot (605); thence following curve of twelve degrees south	6827
and east along said center line of said creek one hundred and	6828
fifty six (156) feet; thence east one hundred feet (100) to the	6829
center line of the Rocky Fork; thence North and West along the	6830
centerline of the Rocky Fork as now constructed two hundred and	6831
fifty (250) feet; thence west fifty feet (50) to an iron pin on	6832
the west bank of said Rocky Fork; thence west and continuing on	6833
same course, parallel with the center line of said Ritter's Run	6834
and two hundred feet (200) distance therefrom a distance of four	6835
hundred and seventy seven and five tenths (477.5) feet; thence in	6836
a north westerly direction on a line at right angle to Ashland	6837
Road a distance of one hundred and ninety five and four tenths	6838
(195.4) feet to an iron pin on the south side of Ashland Road,	6839
then continuing on the previous course thirty (30) feet to the	6840
center of Ashland Road; thence south forty nine (49) degrees west	6841
along the center line of said Ashland Road, one hundred and fifty	6842
five and nine tenths (155.9) feet to the center line of East	6843
Fourth Street; thence continuing along the center line of said	6844
Ashland Road a distance of six hundred and twenty two and nine	6845
tenths 9622.9) feet to the place of beginning, containing 5.64	6846
Acres, more or less.	6847

Save and except the following 0.70 acre tract as shown in	6848
Official Record Volume 960, Page 134, Recorder's Office, Richland	6849
County, Ohio:	6850

Situated in the City of Mansfield, County of Richland, and	6851
State of Ohio and being known as a part of the SE 1/4 of Section	6852
22, Twp. 21 and Range 18 of O. R. S. in the City of Mansfield,	6853
Ohio. Beginning at a point from the center line of	6854
Mansfield-Ashland Road 228.35 feet southwesterly from the center	6855
line of East Fourth Street; thence south 41 deg. 00 min. east at a	6856
right angle with Mansfield-Ashland Road, a distance of 153.95 ft.	6857
to the center of Ritter's Run; thence in a southwesterly direction	6858
along and with the center of Ritter's Run 422.15 ft. to the center	6859
of Mansfield-Ashland Road; thence north 49 deg. 00 min. east along	6860
and with the center line of the Mansfield-Ashland Road, a distance	6861
of 394.55 ft. to the place of beginning, containing 0.70 acres	6862
more or less, subject to all legal easements of record for	6863
highways, street, stream channel and other purposes.	6864

Permanent Parcel No. 027-05-084-17-000.

6865

(B) At the request of the Adjutant General, the Department of	6866
Administrative Services shall, pursuant to the procedures	6867
described in division (C) of this section, assist in the sale of	6868
any of the parcels described in division (A) of this section.	6869

(C) The Adjutant General's Department shall appraise the	6870
parcels described in division (A) of this section or have them	6871
appraised by one or more disinterested persons for a fee to be	6872
determined by the Adjutant General. The Adjutant General shall	6873
offer the parcels for sale in their "as is" condition as follows:	6874

(1) The Adjutant General first shall offer a parcel for sale	6875
at its appraised value to the municipal corporation or township in	6876
which it is located.	6877

(2) If, after sixty days, the municipal corporation or	6878
township has not accepted the Adjutant General's offer to sell the	6879
parcel at its appraised value or has accepted the offer but has	6880
failed to complete the purchase, the Adjutant General shall offer	6881
the parcel at its appraised value to the county in which it is	6882
located.	6883

(3) If, after sixty days, the county has not accepted the	6884
Adjutant General's offer to sell the parcel at its appraised value	6885
or has accepted the offer but has failed to complete the purchase,	6886
the Adjutant General shall, in concert with the Department of	6887
Administrative Services, arrange a public auction, and the parcel	6888
shall be sold to the highest bidder at a price acceptable to the	6889
Adjutant General. The Adjutant General may reject any and all bids	6890
through the auctioneer.	6891

The Adjutant General shall advertise each public auction in a	6892
newspaper of general circulation within the county in which the	6893
parcel is located, once a week for three consecutive weeks prior	6894
to the date of the auction. The terms of sale of the parcel	6895
pursuant to the public auction shall be payment of ten per cent of	6896
the purchase price in cash, bank draft, or certified check on the	6897
date of sale, with the balance payable within sixty days after the	6898
date of sale. A purchaser who does not timely complete the	6899
conditions of the sale as prescribed in this section shall forfeit	6900
to the state the ten per cent of the purchase price paid on the	6901
date of the sale as liquidated damages.	6902

Should a purchaser not complete the conditions of sale as	6903
described herein, the Adjutant General and its auctioneer is	6904
authorized to accept the next highest bid from the auction by	6905
collecting ten per cent of the purchase price from the secondary	6906
bidder and proceed to close the sale, providing said secondary bid	6907
meets all other criteria provided for in this act.	6908

(D) Advertising costs, appraisal fees, and other costs of the	6909
sale of the parcels described in division (A) of this section	6910
shall be paid by the Adjutant General.	6911

(E) Upon the payment of ten per cent of the purchase price of	6912
a parcel described in division (A) of this section in accordance	6913
with division (C)(3) of this section or upon notice from the	6914
Adjutant General's Department that a parcel described in division	6915
(A) of this section has been sold to a municipal corporation,	6916
township, or county in accordance with division (C) of this	6917
section, a deed shall be prepared for that parcel by the Auditor	6918
of State with the assistance of the Attorney General, be executed	6919
by the Governor, countersigned by the Secretary of State, sealed	6920
with the Great Seal of the State, and presented for recording in	6921
the office of the Auditor of State. The deed shall be delivered to	6922
the buyer at closing where the balance of the purchase price is	6923
collected by the state. The buyer shall present the deed for	6924
recording in the office of the county recorder of the county in	6925
which the parcel is located.	6926

(F) The net proceeds of the sales of the parcels described in	6927
division (A) of this section shall be deposited in the state	6928
treasury to the credit of the Armory Improvements Fund pursuant to	6929
section 5911.10 of the Revised Code.	6930

(G) If a parcel described in division (A) of this section is	6931
sold to a municipal corporation, township, or county and that	6932
political subdivision sells the parcel within two years after its	6933
purchase, the political subdivision shall pay to the state, for	6934
deposit in the state treasury to the credit of the Armory	6935
Improvements Fund pursuant to section 5911.10 of the Revised Code,	6936
an amount representing one-half of any net profit derived from	6937
that subsequent sale. The net profit shall be computed by first	6938
subtracting the price at which the political subdivision bought	6939
the parcel from the price at which the political subdivision sold	6940
the parcel, and then subtracting from that remainder the amount of	6941
any expenditures the political subdivision made for improvements	6942
to the parcel.	6943

(H) This section expires five years after its effective date.

6944

Section 500.01. Section 3314.03 of the Revised Code is	6945
presented in this act as a composite of the section as amended by	6946
both Sub. H.B. 428 and Am. Sub. H.B. 562 of the 127th General	6947
Assembly. The General Assembly, applying the principle stated in	6948
division (B) of section 1.52 of the Revised Code that amendments	6949
are to be harmonized if reasonably capable of simultaneous	6950
operation, finds that the composite is the resulting version of	6951
the section in effect prior to the effective date of the section	6952
as presented in this act.	6953

Section 501. The amendment or enactment by this act of the	6954
following sections are not subject to the referendum pursuant to	6955
Ohio Constitution, Article II, Section 1d and section 1.471 of the	6956
Revised Code because the amendment or enactment relates to an	6957
appropriation for current expenses; therefore the amendment or	6958
enactment goes into immediate effect when this act becomes law:	6959

Sections 201.01, 201.02, 303, and 305.

6960

Section 503. The amendment, enactment, or repeal by this act	6961
of the following sections takes effect on the dates specified	6962
below:	6963

The amendment of section 3375.49 of the Revised Code, on	6964
December 31, 2008;	6965

The amendment of section 5739.02 of the Revised Code, on	6966
February 1, 2009;	6967

The repeal of sections 3375.54 and 3375.55 of the Revised	6968
Code, on the ninety-first day after the effective date of this	6969
act;	6970

The repeal of section 3375.48 of the Revised Code, on	6971
December 31, 2009;	6972

The amendment of sections 733.40, 1901.024, 1901.31, 1907.20,	6973
2949.111, 3375.50 (307.515), and 4513.35 of the Revised Code, on	6974
January 1, 2010;	6975

The enactment of section 3375.481 of the Revised Code, on	6976
January 1, 2010;	6977

The repeal of sections 3375.51, 3375.52, 3375.53, and	6978
3375.56 of the Revised Code, on January 1, 2010.	6979

Section 505. This act is hereby declared to be an emergency	6980
measure necessary for the immediate preservation of the public	6981
peace, health, and safety. The reason for such necessity is that	6982
certain changes need to be made to state and local government in	6983
order to immediately continue the effectiveness of their programs	6984
and operations. Therefore, this act shall go into immediate	6985
effect.	6986