Sub. H. B. No. 420 As Reported by the Senate Finance and Financial Institutions Committee

As Reported by the Senate Finance and Financial Institutions Committee

127th General Assembly

Regular Session

2007-2008

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

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 231.10.20,

231.20.30, 233.30.40, and 233.40.10 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, 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,	67
717.02, 733.40, 1901.024, 1901.07, 1901.08, 1901.31, 1907.20,	68
2949.111, 3301.0715, 3302.04, 3302.10, 3313.97, 3314.03, 3326.17,	69
3333.375, 3375.49, 3375.50, 4513.35, 5111.89, 5111.891, 5111.894,	70
5709.75, and 5739.02 be amended; section 3375.50 (307.515) be	71
amended for the purpose of adopting a new section number as	72
indicated in parentheses; and sections 107.41, 113.41, 125.112,	73
125.901, 125.902, 307.51, 307.511, 307.512, 307.513, 307.514,	74
307.516, 1333.851, 3302.041, and 3375.481 of the Revised Code be	75
enacted to read as follows:	76

Sec. 107.41. (A) As used in this section, "department" has	77
the same meaning as in section 121.01 of the Revised Code.	78

(B) Whenever the governor finds necessary, the governor shall	79
direct each department to establish goals and metrics that, when	80
achieved, will further the governor's leadership agenda.	81

(C) To increase transparency, each department's performance	82
measures, which shall be determined by assessing the department's	83
adherence to the goals and metrics developed pursuant to this	84
section, shall be periodically posted on the governor's web site.	85

Sec. 113.41. (A) The treasurer of state shall develop and	86
maintain a comprehensive and descriptive database of all real	87
property under the custody and control of the state, except when	88
otherwise required for reasons of homeland security. The	89
information in the database shall be available to the public free	90
of charge through a searchable internet web site. The treasurer of	91
state shall allow for public comment on property owned by the	92
state.	93

(B) For purposes of the database, the Ohio geographically	94
referenced information program council established in section	95
125.901 of the Revised Code shall provide to the treasurer of	96
state, and the treasurer of state shall collect, information, in a	97
format prescribed by the treasurer of state, that adequately	98
describes, when known, the location, acreage, and use of	99
state-owned property. The council shall make its best efforts to	100
obtain the required information on the state-owned property and	101
shall submit updated information to the treasurer of state as it	102
becomes available.	103

(C) As used in this section, "state-owned property" does not	104
include state property owned or under the control of the general	105
assembly or any legislative agency, any court or judicial agency,	106
the secretary of state, auditor of state, treasurer of state, or	107
attorney general and their respective offices.	108

Sec. 117.11. (A) Except as otherwise provided in this	109
division and in sections 117.112 and 117.113 of the Revised Code,	110
the auditor of state shall audit each public office at least once	111
every two fiscal years. The auditor of state shall audit a public	112
office each fiscal year if that public office is required to be	113
audited on an annual basis pursuant to "The Single Audit Act of	114
1984," 98 Stat. 2327, 31 U.S.C.A. 7501 et seq., as amended. In	115
the annual or biennial audit, inquiry shall be made into the	116
methods, accuracy, and legality of the accounts, financial	117
reports, records, files, and reports of the office, whether the	118
laws, rules, ordinances, and orders pertaining to the office have	119
been observed, and whether the requirements and rules of the	120
auditor of state have been complied with. Except as otherwise	121
provided in this division or where auditing standards or	122
procedures dictate otherwise, each audit shall cover at least one	123
fiscal year. If a public office is audited only once every two	124
fiscal years, the audit shall cover both fiscal years.	125

(B) In addition to the annual or biennial audit provided for	126
in division (A) of this section, the auditor of state may conduct	127
an audit of a public office at any time when so requested by the	128
public office or upon the auditor of state's own initiative if the	129
auditor of state has reasonable cause to believe that an	130
additional audit is in the public interest.	131

(C)(1) The auditor of state shall identify any public office	132
in which the auditor of state will be unable to conduct an audit	133
at least once every two fiscal years as required by division (A)	134
of this section and shall provide immediate written notice to the	135
clerk of the legislative authority or governing board of the	136
public office so identified. Within six months of the receipt of	137
such notice, the legislative authority or governing board may	138
engage an independent certified public accountant to conduct an	139
audit pursuant to section 117.12 of the Revised Code.	140

(2) When the chief fiscal officer of a public office notifies	141
the auditor of state that an audit is required at a time prior to	142
the next regularly scheduled audit by the auditor of state, the	143
auditor of state shall either cause an earlier audit to be made by	144
the auditor of state or authorize the legislative authority or	145
governing board of the public office to engage an independent	146
certified public accountant to conduct the required audit. The	147
scope of the audit shall be as authorized by the auditor of state.	148

(3) The auditor of state shall approve the scope of an audit	149
under division (C)(1) or (2) of this section as set forth in the	150
contract for the proposed audit before the contract is executed on	151
behalf of the public office that is to be audited. The independent	152
accountant conducting an audit under division (C)(1) or (2) of	153
this section shall be paid by the public office.	154

(4) The contract for attest services with an independent	155
accountant employed pursuant to this section or section 115.56 of	156
the Revised Code may include binding arbitration provisions,	157
provisions of Chapter 2711. of the Revised Code, or any other	158
alternative dispute resolution procedures to be followed in the	159
event a dispute remains between the state or public office and the	160
independent accountant concerning the terms of or services under	161
the contract, or a breach of the contract, after the	162
administrative provisions of the contract have been exhausted.	163

(D) If a uniform accounting network is established under	164
section 117.101 of the Revised Code, the auditor of state or a	165
certified public accountant employed pursuant to this section or	166
section 115.56 or 117.112 of the Revised Code shall, to the extent	167
practicable, utilize services offered by the network in order to	168
conduct efficient and economical audits of public offices.	169

(E) The auditor of state shall, in accordance with division	170
(A)(3) of section 9.65 of the Revised Code and this section, audit	171
an annuity program for volunteer fire fighters established by a	172
political subdivision under section 9.65 of the Revised Code. As	173
used in this section, "volunteer fire fighters" and "political	174
subdivision" have the same meanings as in division (C) of section	175
9.65 of the Revised Code.	176

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

177

(1) "Agency" means a department created under section 121.02	178
of the Revised Code.	179

(2) "Entity" means, whether for profit or nonprofit, a	180
corporation, association, partnership, limited liability company,	181
sole proprietorship, or other business entity. "Entity" does not	182
include an individual who receives state assistance that is not	183
related to the individual's business.	184

(3)(a) "State award" means a contract awarded by the state	185
costing over twenty-five thousand dollars.	186

(b) "State award" does not include compensation received as	187
an employee of the state or any state financial assistance and	188
expenditure received from the general assembly or any legislative	189
agency, any court or judicial agency, the secretary of state,	190
auditor of state, treasurer of state, or attorney general and	191
their respective offices.	192

(B) The department of administrative services shall establish	193
and maintain a single searchable web site, accessible by the	194
public at no cost, that includes all of the following information	195
for each state award:	196

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

197

(2) The amount of the award;

198

(3) Information on the award, the agency or other	199
instrumentality of the state that is providing the award, and the	200
commodity code;	201

(4) Any other relevant information determined by the	202
department of administrative services.	203

(C) The department of administrative services may consult	204
with other state agencies in the development, establishment,	205
operation, and support of the web site required by division (B)	206
of this section. State awards shall be posted on the web site	207
within thirty days after being made. The department of	208
administrative services shall provide an opportunity for public	209
comment as to the utility of the web site required by division	210
(B) of this section and any suggested improvements.	211

(D) The web site required by division (B) of this section	212
shall be fully operational not later than one year after the	213
effective date of this section and shall include information on	214
state awards made in fiscal year 2008 and thereafter. It shall	215
also provide an electronic link to the daily journals of the	216
senate and house of representatives.	217

(E) The director of administrative services shall submit to	218
the general assembly an annual report regarding the	219
implementation of the web site established pursuant to division	220
(B) of this section. The report shall include data regarding the	221
usage of the web site and any public comments on the utility of	222
the site, including recommendations for improving data quality	223
and collection. The director shall post each report on the web	224
site.	225

(F) Each agency awarding a grant to an entity in fiscal year	226
2008 and thereafter shall establish and maintain a separate web	227
site listing the name of the entity receiving each grant, the	228
grant amount, information on each grant, and any other relevant	229
information determined by the department of administrative	230
services. Each agency shall provide the link to such a web site to	231
the department of administrative services within a reasonable time	232
after the effective date of this section and shall thereafter	233
update its web site within thirty days of awarding a new grant.	234
Not later than one year after the effective date of this section,	235
the department of administrative services shall establish and	236
maintain a separate web site, accessible to the public at no cost,	237
which contains the links to the agency web sites required by this	238
division.	239

(G) The attorney general shall monitor the compliance of an	240
entity listed on the web site established pursuant to division (B)	241
of this section with the terms and conditions, including	242
performance metrics, if any, of a state award for economic	243
development received by that entity. As necessary, the agency that	244
makes and administers the state award shall assist the attorney	245
general with that monitoring. The attorney general shall submit to	246
the general assembly pursuant to section 101.68 of the Revised	247
Code an annual report regarding the level of compliance of such	248
listed entities with the terms and conditions, including any	249
performance metrics, of their state awards for economic	250
development. When the attorney general determines appropriate and	251
to the extent that an entity that receives or has received a state	252
award for economic development does not comply with a performance	253
metric that is specified in the terms and conditions of the award,	254
the attorney general shall pursue against and from that entity	255
such remedies and recoveries as are available under law.	256

(H) Nothing in this section shall be construed as requiring	257
the disclosure of confidential information.	258

Sec. 125.901. (A) There is hereby established the Ohio	259
geographically referenced information program council within the	260
department of administrative services to coordinate the property	261
owned by the state. The department of administrative services	262
shall provide administrative support for the council.	263

(B) The council shall consist of the following fifteen	264
members:	265

(1) The state chief information officer, or the officer's	266
designee, who shall serve as the council chair;	267

(2) The director of the department of natural resources, or	268
the director's designee;	269

(3) The director of transportation, or the director's	270
designee;	271

(4) The director of environmental protection, or the	272
director's designee;	273

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

274

(6) The treasurer of state, or the treasurer of state's	275
designee;	276

(7) An individual appointed by the governor from the	277
organization that represents the state's county auditors;	278

(8) An individual appointed by the governor from the	279
organization that represents the state's county commissioners;	280

(9) An individual appointed by the governor from the	281
organization that represents the state's county engineers;	282

(10) An individual appointed by the governor from the	283
organization that represents the state's regional councils;	284

(11) Two individuals appointed by the governor from the	285
organization that represents the state's municipal governments,	286
one of whom shall represent a municipality with a population of	287
fewer than one hundred thousand people and one of whom shall	288
represent a municipality with a population of one hundred thousand	289
or more people;	290

(12) An individual appointed by the governor representing the	291
interests of the regulated utilities in this state;	292

(13) An individual appointed by the governor representing the	293
interests of a public university;	294

(14) The attorney general, or the attorney general's	295
designee.	296

(C) The governor shall make initial appointments for the	297
members as provided in this section within a reasonable time. The	298
members appointed to the council by the governor pursuant to this	299
section shall serve two-year terms, with each term ending on the	300
same day of the same month as did the term that it succeeds. The	301
chair of the council shall appoint a new member to fill any	302
vacancy created by a member appointed by the governor before the	303
expiration of that member's term. Otherwise, vacancies shall be	304
filled in the same manner as provided in division (B) of this	305
section. Any member appointed to fill a vacancy occurring prior to	306
the expiration date of the term for which a predecessor was	307
appointed shall hold office as a member for the remainder of that	308
term. A member shall continue in office subsequent to the	309
expiration date of the member's term until the member's successor	310
takes office or until a period of sixty days has elapsed,	311
whichever occurs first. All members may be reappointed.	312

Sec. 125.902. (A) As used in this section, "state agency" or	313
"agency" does not include the general assembly or any legislative	314
agency, any court or judicial agency, the secretary of state,	315
auditor of state, treasurer of state, or attorney general and	316
their respective offices.	317

(B) The Ohio geographically referenced information program	318
council shall develop and annually update a real property	319
management plan. Every state agency authorized to own or acquire	320
real property shall provide the council with information necessary	321
to develop and update the plan.	322

323

(1) A comprehensive report on the total number of real	324
property assets the state owns;	325

(2) Information uniquely identifying each real property asset	326
of each state agency and associated characteristics of the real	327
property;	328

(3) Life-cycle cost estimations associated with the costs	329
relating to the acquisition of real property assets by purchase,	330
condemnation, exchange, lease, or otherwise;	331

(4) The cost and time required to dispose of state real	332
property assets and the financial recovery of the state investment	333
resulting from the disposal;	334

(5) The operating, maintenance, and security costs of state	335
properties, including the cost of utility services at unoccupied	336
properties;	337

(6) The environmental costs associated with ownership of	338
property, including the cost of environmental restoration and	339
compliance activities;	340

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

341

(8) The realization of equity value in state real property	342
assets;	343

(9) Opportunities for cooperative arrangements with the	344
commercial real estate community;	345

(10) The enhancement of agency productivity through an	346
improved working environment.	347

(D) The council shall develop and update a real property	348
inventory. Every state agency authorized to own or acquire real	349
property shall provide the council with information necessary to	350
develop and update the inventory. For purposes of the inventory,	351
each state agency shall provide to the council, and the council	352
shall collect, information uniquely identifying each real property	353
asset of each state agency and associated characteristics of the	354
real property. Each agency shall make its best efforts to obtain	355
the required information on the property it owns and shall submit	356
updated information to the council as it becomes available.	357

Sec. 133.20. (A) This section applies to bonds that are	358
general obligation Chapter 133. securities. If the bonds are	359
payable as to principal by provision for annual installments, the	360
period of limitations on their last maturity, referred to as their	361
maximum maturity, shall be measured from a date twelve months	362
prior to the first date on which provision for payment of	363
principal is made. If the bonds are payable as to principal by	364
provision for semiannual installments, the period of limitations	365
on their last maturity shall be measured from a date six months	366
prior to the first date on which provision for payment of	367
principal is made.	368

(B) Bonds issued for the following permanent improvements or	369
for permanent improvements for the following purposes shall have	370
maximum maturities not exceeding the number of years stated:	371

(1) Fifty years:

372

(a) The clearance and preparation of real property for	373
redevelopment as an urban redevelopment project;	374

(b) Acquiring, constructing, widening, relocating, enlarging,	375
extending, and improving a publicly owned railroad or line of	376
railway or a light or heavy rail rapid transit system, including	377
related bridges, overpasses, underpasses, and tunnels, but not	378
including rolling stock or equipment;	379

(c) Pursuant to section 307.675 of the Revised Code,	380
constructing or repairing a bridge using long life expectancy	381
material for the bridge deck, and purchasing, installing, and	382
maintaining any performance equipment to monitor the physical	383
condition of a bridge so constructed or repaired. Additionally,	384
the average maturity of the bonds shall not exceed the expected	385
useful life of the bridge deck as determined by the county	386
engineer under that section.	387

(2) Forty years:

388

(a) General waterworks or water system permanent	389
improvements, including buildings, water mains, or other	390
structures and facilities in connection therewith;	391

(b) Sewers or sewage treatment or disposal works or	392
facilities, including fireproof buildings or other structures in	393
connection therewith;	394

(c) Storm water drainage, surface water, and flood prevention	395
facilities.	396

(3) Thirty-five years:

397

(a) An arena, a convention center, or a combination of an	398
arena and convention center under section 307.695 of the Revised	399
Code;	400

(b) Sports facilities.

401

(4) Thirty years:

402

(a) Municipal recreation, excluding recreational equipment;

403

(b) Urban redevelopment projects;

404

405

(d) Street or alley lighting purposes or relocating overhead	406
wires, cables, and appurtenant equipment underground.	407

(5) Twenty years: constructing, reconstructing, widening,	408
opening, improving, grading, draining, paving, extending, or	409
changing the line of roads, highways, expressways, freeways,	410
streets, sidewalks, alleys, or curbs and gutters, and related	411
bridges, viaducts, overpasses, underpasses, grade crossing	412
eliminations, service and access highways, and tunnels.	413

(6) Fifteen years:

414

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

415

(b) Alarm, telegraph, or other communications systems for	416
police or fire departments or other emergency services;	417

418

(d) Energy conservation measures as authorized by section	419
133.06 of the Revised Code.	420

(7) Ten years:

421

(a) Water meters;

422

(b) Fire department apparatus and equipment;

423

(c) Road rollers and other road construction and servicing	424
vehicles;	425

(d) Furniture, equipment, and furnishings;

426

(e) Landscape planting and other site improvements;

427

(f) Playground, athletic, and recreational equipment and	428
apparatus;	429

(g) Energy conservation measures as authorized by section	430
505.264 ~~or 717.02~~ of the Revised Code.	431

(8) Five years: New motor vehicles other than those described	432
in any other division of this section and those for which	433
provision is made in other provisions of the Revised Code.	434

(C) Bonds issued for any permanent improvements not within	435
the categories set forth in division (B) of this section shall	436
have maximum maturities of from five to thirty years as the fiscal	437
officer estimates is the estimated life or period of usefulness of	438
those permanent improvements. Bonds issued under section 133.51 of	439
the Revised Code for purposes other than permanent improvements	440
shall have the maturities, not to exceed forty years, that the	441
taxing authority shall specify. Bonds issued for energy	442
conservation measures under section 307.041 of the Revised Code	443
shall have maximum maturities not exceeding the lesser of the	444
average life of the energy conservation measures as detailed in	445
the energy conservation report prepared under that section or	446
thirty years.	447

(D) Securities issued under section 505.265 ~~or 717.07~~ of the	448
Revised Code shall mature not later than December 31, 2035.	449

(E) A securities issue for one purpose may include permanent	450
improvements within two or more categories under divisions (B) and	451
(C) of this section. The maximum maturity of such a bond issue	452
shall not exceed the average number of years of life or period of	453
usefulness of the permanent improvements as measured by the	454
weighted average of the amounts expended or proposed to be	455
expended for the categories of permanent improvements.	456

Sec. 145.297. (A) As used in this section, "employing unit"	457
means:	458

(1) A municipal corporation, agency of a municipal	459
corporation designated by the legislative authority, park	460
district, conservancy district, sanitary district, health	461
district, township, department of a township designated by the	462
board of township trustees, metropolitan housing authority, public	463
library, county law library, union cemetery, joint hospital, or	464
other political subdivision or unit of local government.	465

(2) With respect to state employees, any entity of the state	466
including any department, agency, institution of higher education,	467
board, bureau, commission, council, office, or administrative body	468
or any part of such entity that is designated by the entity as an	469
employing unit.	470

(3)(a) With respect to employees of a board of alcohol, drug	471
addiction, and mental health services, that board.	472

(b) With respect to employees of a county board of mental	473
retardation and developmental disabilities, that board.	474

(c) With respect to other county employees, the county or any	475
county agency designated by the board of county commissioners.	476

(4) In the case of an employee whose employing unit is in	477
question, the employing unit is the unit through whose payroll the	478
employee is paid.	479

(B) An employing unit may establish a retirement incentive	480
plan for its eligible employees. In the case of a county or county	481
agency, decisions on whether to establish a retirement incentive	482
plan for any employees other than employees of a board of alcohol,	483
drug addiction, and mental health services or county board of	484
mental retardation and developmental disabilities and on the terms	485
of the plan shall be made by the board of county commissioners. In	486
the case of a municipal corporation or an agency of a municipal	487
corporation, decisions on whether to establish a retirement	488
incentive plan and on the terms of the plan shall be made by the	489
legislative authority.	490

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

491

A retirement incentive plan shall provide for purchase by the	492
employing unit of service credit for eligible employees who elect	493
to participate in the plan and for payment by the employing unit	494
of the entire cost of the service credit purchased.	495

Every retirement incentive plan shall remain in effect for at	496
least one year. The employing unit shall give employees at least	497
thirty days' notice before terminating the plan.	498

Every retirement incentive plan shall include provisions for	499
the timely and impartial resolution of grievances and disputes	500
arising under the plan.	501

No employing unit shall have more than one retirement	502
incentive plan in effect at any time.	503

(C) Any classified or unclassified employee of the employing	504
unit who is a member of the public employees retirement system	505
shall be eligible to participate in the retirement incentive plan	506
established by the employee's employing unit if the employee meets	507
the following criteria:	508

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

509

(a) An elected official;

510

(b) A member of a board or commission;

511

512

(d) A person appointed to serve a term of fixed length, other	513
than a person appointed and employed by the person's employing	514
unit.	515

(2) The employee is or will be eligible to retire under	516
section 145.32, 145.34, 145.37, or division (A) of section 145.33	517
of the Revised Code on or before the date of termination of the	518
retirement incentive plan. Service credit to be purchased for the	519
employee under the retirement incentive plan shall be included in	520
making such determination.	521

(3) The employee agrees to retire under section 145.32,	522
145.34, 145.37, or division (A) of section 145.33 of the Revised	523
Code within ninety days after receiving notice from the public	524
employees retirement system that service credit has been purchased	525
for the employee under this section.	526

Participation in the plan shall be available to all eligible	527
employees except that the employing unit may limit the number of	528
participants in the plan to a specified percentage of its	529
employees who are members of the public employees retirement	530
system on the date the plan goes into effect. The percentage	531
shall not be less than five per cent of such employees. If	532
participation is limited, employees with more total service credit	533
have the right to elect to participate before employees with less	534
total service credit. In the case of employees with the same total	535
service credit, employees with a greater length of service with	536
the employing unit have the right to elect to participate before	537
employees with less service with the employing unit. Employees	538
with less than eighteen months of service with the employing unit	539
have the right to elect to participate only after all other	540
eligible employees have been given the opportunity to elect to	541
participate. For the purpose of determining which employees may	542
participate in a plan, total service credit includes service	543
credit purchased by the employee under this chapter after the date	544
on which the plan is established.	545

A retirement incentive plan that limits participation may	546
provide that an employee who does not notify the employing unit of	547
the employee's decision to participate in the plan within a	548
specified period of time will lose priority to participate in the	549
plan ahead of other employees with less seniority. The time given	550
to an employee to elect to participate ahead of other employees	551
shall not be less than thirty days after the employee receives	552
written notice that the employee may participate in the plan.	553

(D) A retirement incentive plan shall provide for purchase of	554
the same amount of service credit for each participating employee,	555
except that the employer may not purchase more service credit for	556
any employee than the lesser of the following:	557

(1) Five years of service credit;

558

(2) An amount of service credit equal to one-fifth of the	559
total service credited to the participant under this chapter,	560
exclusive of service credit purchased under this section.	561

For each year of service credit purchased under this section,	562
the employing unit shall pay an amount equal to the additional	563
liability resulting from the purchase of that year of service	564
credit, as determined by an actuary employed by the public	565
employees retirement board.	566

(E) Upon the election by an eligible employee to participate	567
in the retirement incentive plan, the employee and the employing	568
unit shall agree upon a date for payment or contracting for	569
payment in installments to the public employees retirement system	570
of the cost of the service credit to be purchased. The employing	571
unit shall submit to the public employees retirement system a	572
written request for a determination of the cost of the service	573
credit, and within forty-five days after receiving the request,	574
the board shall give the employing unit written notice of the	575
cost.	576

The employing unit shall pay or contract to pay in	577
installments the cost of the service credit to be purchased to the	578
public employees retirement system on the date agreed to by the	579
employee and the employing unit. The payment shall be made in	580
accordance with rules adopted by the public employees retirement	581
board. The rules may provide for payment in installments and for	582
crediting the purchased credit to the employee's account upon the	583
employer's contracting to pay the cost in installments. The board	584
shall notify the member when the member is credited with service	585
purchased under this section. If the employee does not retire	586
within ninety days after receiving notice that the employee has	587
been credited with the purchased service credit, the system shall	588
refund to the employing unit the amount paid for the service	589
credit.	590

No payment made to the public employees retirement system	591
under this section shall affect any payment required by section	592
145.48 of the Revised Code.	593

(F) For the purpose of determining whether the cost of a	594
retirement incentive plan established by a county or county agency	595
under this section is an allowable cost for the purpose of federal	596
funding for any year, the cost shall be considered abnormal or	597
mass severance pay only if fifteen per cent or more of the county	598
or county agency's employees participate in the plan in that year.	599

Sec. 307.51. (A) As used in this section, "county office"	600
means any officer, department, board, commission, or agency of a	601
county.	602

(B) There is hereby created in each county a county law	603
library resources board. The board shall consist of five members	604
who shall be appointed and hold office as provided in section	605
307.511 of the Revised Code. Beginning on January 1, 2010,	606
subject to appropriation pursuant to section 307.513 of the	607
Revised Code, the board shall provide legal research, reference,	608
and library services to the county and to the municipal	609
corporations, townships, and courts within the county and shall	610
manage the coordination, acquisition, and utilization of legal	611
resources.	612

(C) The board shall employ a county law librarian who shall	613
be the chief administrator of the county law library resources	614
board and may employ additional staff to perform any functions as	615
determined by the board. The board shall fix the compensation of	616
the county law librarian and any additional employees. All	617
employees of the county law library resources board shall be in	618
the unclassified civil service of the county.	619

(D)(1) The board may adopt any rules it considers necessary	620
for its operation and shall adopt rules for the following:	621

(a) The expenditure of funds that are appropriated for its	622
use pursuant to division (B) of section 307.513 of the Revised	623
Code;	624

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

625

626

(d) The receipt of gifts to the county law library resources	627
fund.	628

(2) The board shall not charge any fee for any service	629
provided to any member of the general assembly or to any officer	630
or employee of a county, municipal, or township government or	631
court located within that county when the officer or employee is	632
acting within the scope of the officer's or employee's	633
employment.	634

(3) Fees for services do not include fees for access to the	635
law library. The board shall not charge a fee for access to the	636
law library.	637

(4) The county law librarian or the librarian's designee	638
shall deposit all fees collected pursuant to this section by any	639
employee of the county law library resources board into the county	640
law library resources fund established pursuant to section 307.514	641
of the Revised Code.	642

(E) There is hereby established a transition advisory council	643
that shall consist of those individuals serving as members of the	644
board of trustees of the law library association of the county	645
that, as of the effective date of this section, received fines,	646
penalties, and moneys arising from forfeited bail under sections	647
3375.50 to 3375.53 of the Revised Code, as amended and repealed by	648
this act. The transition advisory council shall exist from July	649
1, 2009 to December 31, 2010. After December 31, 2010, the	650
board may create an advisory council that is comprised of	651
persons engaged in the private practice of law and with	652
expertise in the operation and funding of law libraries.	653

(F) Subject to the approval of the board of county	654
commissioners of the county, the county law library resources	655
board may contract with other county law library resources	656
boards, the statewide consortium of law library resources boards,	657
private entities, or public agencies for the provision of any	658
services that the county law library resources board considers	659
necessary.	660

(G) After January 1, 2010, no county funds shall be used to	661
purchase, lease, rent, operate, or contract for the use of any	662
legal research or reference materials available in print, audio,	663
visual, or other medium or, notwithstanding section 307.842 of	664
the Revised Code, any equipment necessary to support the	665
utilization of that medium without prior approval of the board.	666
If such approval is denied, the county office, notwithstanding	667
section 307.842 of the Revised Code, may purchase, lease, rent,	668
operate, or contract for the use of any legal research or	669
reference materials available in print, audio, visual, or other	670
medium at its own expense.	671

Sec. 307.511. (A) The five members of the county law library	672
resources board shall be residents of the county and shall be	673
appointed as follows:	674

(1) The prosecuting attorney of the county shall appoint one	675
member whose initial term shall expire on December 31, 2010.	676

(2) The administrative judges or presiding judges of all	677
municipal courts and county courts within the county shall meet to	678
appoint one member who is an attorney licensed to practice law in	679
the state and in good standing before the supreme court of Ohio	680
and whose initial term shall expire on December 31, 2011.	681

(3) The administrative judge or presiding judge of the court	682
of common pleas of the county shall appoint one member who is an	683
attorney licensed to practice law in the state and in good	684
standing before the supreme court of Ohio and whose initial term	685
shall expire on December 31, 2012.	686

(4) The board of county commissioners shall appoint one	687
member whose initial term shall expire on December 31, 2013.	688

(5) The board of county commissioners shall appoint one	689
member whose initial term shall expire on December 31, 2014.	690

(B) The member appointed pursuant to division (A)(5) of this	691
section shall serve as the chairperson of the county law library	692
resources board until December 31, 2010. After that date, the	693
board shall select a chairperson from among the members of the	694
board.	695

(C) During the period of July 1, 2009, through December 31,	696
2010, the county law library resources board shall consist of	697
seven members and shall include members appointed pursuant to	698
division (A) of this section and two members who are residents of	699
the county appointed for this period by the board of trustees of	700
the law library association within the county that, prior to the	701
effective date of this section, receives fines, penalties, and	702
moneys arising from forfeited bail pursuant to sections 3375.50 to	703
3375.53 of the Revised Code, as amended and repealed by this act.	704

(D) The initial appointments to the county law library	705
resources board as provided in divisions (A) and (B) of this	706
section shall be made on or before July 1, 2009, and for the	707
term specified. Thereafter, terms for all members appointed	708
pursuant to division (A) of this section shall be for five years,	709
with each term ending on the same day of the same month as did	710
the term that it succeeds.	711

(E) Each member of the board shall hold office from the date	712
of the member's appointment until the end of the term for which	713
the member was appointed. Vacancies shall be filled within sixty	714
days after the vacancy occurs and shall be filled in the manner	715
provided for original appointments. Any member appointed to fill	716
a vacancy occurring prior to the expiration date of the term for	717
which the member's predecessor was appointed shall hold office as	718
a member for the remainder of that term. A member shall continue	719
in office subsequent to the expiration date of the member's term	720
until the member's successor takes office or until a period of	721
sixty days has elapsed, whichever occurs first.	722

(F) A member of the board of trustees of a law library	723
association may serve as a member of a county law library	724
resources board if the member discloses each membership to the	725
board of trustees of the law library association and the county	726
law library resources board.	727

Sec. 307.512. Within fifteen days after July 1, 2009, the	728
county law library resources board shall hold its initial meeting	729
at the office of the board of county commissioners at a time	730
that the chairperson of the county law library resources board	731
determines. Thereafter, the board shall meet at least four times	732
a year, as determined by the chairperson or at any other time as	733
determined by a majority of the board. A majority of the members	734
of the county law library resources board constitutes a quorum	735
at any regular or special meeting.	736

Sec. 307.513. (A) The county law library resources board	737
shall prepare an annual estimate of the revenue and expenditures	738
of the board for the calendar year commencing January 1, 2010,	739
and for each year thereafter, and shall submit that estimate to	740
the board of county commissioners as provided in section 5705.28	741
of the Revised Code. The estimate of expenses shall be	742
sufficient to provide for the operation of the county law library	743
resources board. The estimate of revenue shall clearly specify	744
the source of the revenue and shall include a specific request	745
for monies to be appropriated to the county law library	746
resources fund established pursuant to section 307.514 of the	747
Revised Code from the county general fund for the ensuing fiscal	748
year.	749

(B) The board of county commissioners may appropriate funds	750
from the county general fund for the use of the county law library	751
resources board. Within fifteen days after the adoption of the	752
annual appropriation measure pursuant to section 5705.38 of the	753
Revised Code, the board of county commissioners shall transfer	754
fifty per cent of the annual general fund appropriation to the	755
county law library resources fund and shall transfer the remaining	756
fifty per cent of the annual general fund appropriation not later	757
than July 15 of each year. The funds appropriated by the board of	758
county commissioners from the county law library resources fund	759
shall be disbursed by the county auditor's warrant drawn on the	760
county treasury five days after receipt of a voucher approved by	761
the county law librarian pursuant to procedures established by	762
the county law library resources board.	763

Sec. 307.514. There is hereby created in each county	764
treasury a county law library resources fund, effective January 1,	765
2010. The fund shall receive all revenue that is required to be	766
deposited into the fund pursuant to division (D)(1) of section	767
307.51 and section 307.515 of the Revised Code, appropriated to	768
the fund from the general fund by the board of county	769
commissioners pursuant to section 307.513 of the Revised Code,	770
or designated for deposit into the fund by gift or bequest from	771
any person, firm, or corporation. Expenditures from the fund	772
shall be made pursuant to the annual appropriation measure	773
adopted by the board of county commissioners under section	774
5705.38 of the Revised Code.	775

~~Sec. 3375.50.~~ Sec. 307.515. (A) All fines and penalties collected	776
by, and moneys arising from forfeited bail in, a municipal court	777
for offenses and misdemeanors brought for prosecution in the name	778
of a municipal corporation under one of its penal ordinances,	779
where there is in force a state statute under which the offense	780
might be prosecuted, or brought for prosecution in the name of	781
the state, except a portion of ~~such~~those fines, penalties, and	782
moneys ~~which~~that, plus all costs collected monthly in ~~such~~those	783
state cases, equal the compensation allowed by the board of county	784
commissioners to the judges of the municipal court, its clerk, and	785
the prosecuting attorney of ~~such~~that court in state cases, shall	786
be retained by the clerk of ~~such~~that municipal court, and shall	787
be ~~paid~~deposited by ~~him forthwith,~~the clerk each month~~, to the~~	788
~~board of trustees of the law library association~~in the county	789
law library resources fund that is created under section 307.514	790
of the Revised Code in the county in which ~~such~~that municipal	791
corporation is located. The sum ~~so retained and paid by~~that the	792
clerk of the municipal court ~~to the board of trustees of such law~~	793
~~library association~~deposits in the county law library resources	794
fund shall, in no month, be less than twenty-five per cent of	795
the amount of such fines, penalties, and moneys received in that	796
month, without deducting the amount of the allowance of the board	797
of county commissioners to the judges, clerk, and prosecuting	798
attorney.	799

The total amount paid under this section in any one calendar	800
year by the clerks of all municipal courts in any one county to	801
the ~~board of trustees of such law library association~~county law	802
library resources fund shall in no event exceed the following	803
amounts:	804

~~(A)~~(1) In counties having a population of fifty thousand or	805
less, seventy-five hundred dollars and the maximum amount paid by	806
any of such courts shall not exceed four thousand dollars in any	807
calendar year.	808

~~(B)~~(2) In counties having a population in excess of fifty	809
thousand but not in excess of one hundred thousand, eight thousand	810
dollars and the maximum amount paid by any of such courts shall	811
not exceed five thousand five hundred dollars in any calendar	812
year.	813

~~(C)~~(3) In counties having a population in excess of one	814
hundred thousand but not in excess of one hundred fifty thousand,	815
ten thousand dollars and the maximum amount paid by any of such	816
courts shall not exceed seven thousand dollars in any calendar	817
year.	818

~~(D)~~(4) In counties having a population of in excess of one	819
hundred fifty thousand, fifteen thousand dollars in any calendar	820
year. The maximum amount to be paid by each ~~such~~ clerk shall be	821
determined by the county auditor in December of each year for the	822
next succeeding calendar year, and shall bear the same ratio to	823
the total amount payable under this section from the clerks of all	824
municipal courts in such county as the total fines, costs, and	825
forfeitures received by the corresponding municipal court, bear to	826
the total fines, costs, and forfeitures received by all the	827
municipal courts in the county, as shown for the last complete	828
year of actual receipts, on the latest available budgets of such	829
municipal courts. Payments in the full amounts provided in this	830
section shall be made monthly by each clerk in each calendar year	831
until the maximum amount for such year has been paid. When ~~such~~	832
that amount, so determined by the auditor, has been paid to the	833
~~board of trustees of such law library association~~county law	834
library resources fund, then no further payments shall be	835
required in that calendar year from the clerk of ~~such~~that court.	836

~~(E)~~(5) This section does not apply to fines collected by a	837
municipal court for violations of division (B) of section 4513.263	838
of the Revised Code, or for violations of any municipal ordinance	839
that is substantively comparable to that division, all of which	840
shall be forwarded to the treasurer of state as provided in	841
division (E) of section 4513.263 of the Revised Code.	842

(B) The county treasurer, upon the voucher of the county	843
auditor, shall deposit fifty per cent of all moneys collected by	844
a county court accruing from fines, penalties, and forfeited	845
bail, unless otherwise distributed by law, in the county law	846
library resources fund in that county that is created under	847
section 307.514 of the Revised Code. The county treasurer shall	848
deposit those moneys into that fund within thirty days after	849
those moneys have been paid into the county treasury by the clerk	850
of the county court.	851

This section does not apply to fines collected by a county	852
court for violations of division (B) of section 4513.263 of the	853
Revised Code, or for violations of any municipal ordinance that is	854
substantively comparable to that division, all of which shall be	855
forwarded to the treasurer of state as provided in division (E) of	856
section 4513.263 of the Revised Code.	857

(C) In each county of the state, the clerk of the court of	858
common pleas and the clerk of the probate court shall retain all	859
fines and penalties collected by, and moneys arising from	860
forfeited bail in, the court of common pleas and the probate	861
court of that county for offenses and misdemeanors brought for	862
prosecution in those courts in the name of the state and monthly	863
shall deposit those moneys in the county law library resources	864
fund in that county that is created under section 307.514 of the	865
Revised Code. The total sums so deposited shall not exceed twelve	866
hundred fifty dollars per annum, and when that amount has been	867
deposited in the fund in accordance with this section then no	868
further payments shall be required under this section in that	869
calendar year from the clerks of those respective courts.	870

This section does not apply to fines collected by a court of	871
common pleas for violations of division (B) of section 4513.263 of	872
the Revised Code, all of which shall be forwarded to the treasurer	873
of state as provided in division (E) of that section.	874

(D) In each county, the treasurer of the county or the	875
treasurer of the municipal corporation shall deposit monthly	876
fifty per cent of all fines and penalties collected by, and fifty	877
per cent of moneys arising from forfeited bail in, any court in	878
that county for offenses brought for prosecution under Chapters	879
4301. and 4303. of the Revised Code and the state traffic laws in	880
the county legal resources fund in that county that is created	881
under section 307.514 of the Revised Code. The sum so deposited in	882
that fund by each treasurer shall not exceed twelve hundred	883
dollars per annum under Chapters 4301. and 4303. of the Revised	884
Code, and when that amount has been deposited in that fund in	885
accordance with this section, then no further deposits shall be	886
required under this section in that calendar year from those	887
treasurers.	888

As used in this section, "state traffic laws" does not	889
include division (B) of section 4513.263 of the Revised Code.	890

Sec. 307.516. (A) Upon the recommendation of the county law	891
library resources boards of two or more adjacent counties, the	892
boards of county commissioners of those counties may enter into a	893
contract to form a multi-county law library resources commission	894
for the purpose of collaborating on behalf of the member	895
counties in carrying out any or all of the duties and	896
responsibilities conferred upon a county law library resources	897
board by sections 307.51 to 307.516 of the Revised Code. The	898
commission shall administer the contract. Members of the	899
commission shall consist of the chairperson of each participating	900
county law library resources board and one member from each of	901
the county law library resources boards, who shall be designated	902
by the members of each of the county law library resources	903
boards.	904

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

905

(1) Prescribe the structure, management, and responsibilities	906
of the commission;	907

(2) Provide for a process to establish the annual budget for	908
the commission that includes a requirement that the annual budget	909
be approved by all of the boards of county commissioners of the	910
member counties;	911

(3) Apportion the annual operating costs of the commission to	912
each member county;	913

(4) Designate the expenditure of funds from the county law	914
library resources fund of each member county;	915

(5) Address amendments to the contract.

916

(C) The contract shall be for a period of not less than three	917
calendar years and not more than five calendar years.	918

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

919

(1) "Energy conservation measure" means anthe construction	920
of, installation or modification of an installation in, or	921
remodeling of, ana new or existing building or infrastructure, to	922
reduce energy consumption. It includes:	923

~~(1)~~(a) Insulation of the building structure and of systems	924
within the building;	925

~~(2)~~(b) Storm windows and doors, multiglazed windows and	926
doors, heat-absorbing or heat-reflective glazed and coated window	927
and door systems, additional glazing, reductions in glass area,	928
and other window and door system modifications that reduce energy	929
consumption;	930

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

931

~~(4)~~(d) Heating, ventilating, or air conditioning system	932
modifications or replacements;	933

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

934

~~(6)~~(f) Replacement or modification of lighting fixtures to	935
increase the energy efficiency of the system without increasing	936
the overall illumination of a facility, unless such an increase in	937
illumination is necessary to conform to the applicable state or	938
local building code for the proposed lighting system;	939

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

940

~~(8)~~(h) Cogeneration systems that produce steam or forms of	941
energy such as heat, as well as electricity, for use primarily	942
within a building or complex of buildings;	943

~~(9)~~(i) Acquiring, constructing, furnishing, equipping,	944
improving the site of, or otherwise improving a central utility	945
plant to provide heating and cooling services to a building or	946
building together with distribution piping and ancillary	947
distribution controls, equipment, and related facilities from the	948
central utility plan to the building or buildings;	949

(j) Meter replacements, installation of automatic meter	950
reading systems, or any other construction, modification,	951
installation, or remodeling of water, electric, gas, or any other	952
municipally supplied utility system;	953

(k) Any other construction, modification, installation, or	954
remodeling approved by the legislative authority of the municipal	955
corporation as an energy conservation measure.	956

(2) "Infrastructure" includes, but is not limited to, a	957
water, gas, or electric utility, renewable energy system or	958
technology, traffic control signal, or any other asset owned,	959
operated, or maintained by a municipal corporation.	960

(B) ~~The~~For the purpose of evaluating buildings of a	961
municipal corporation for energy conservation measures, a	962
legislative authority of a municipal corporation may contract with	963
an architect, professional engineer, energy services company,	964
contractor, or other person experienced in the design and	965
implementation of energy conservation measures for an energy	966
conservation report. The report shall include all of the	967
following:	968

(1) Analyses of the energy needs for the buildings owned by	969
that municipal corporation and recommendations for building	970
installations, modifications of existing installations, or	971
building remodeling that would significantly reduce energy	972
consumption in the buildings;	973

(2) Estimates of all costs of the recommended installations,	974
modifications, or remodeling, including costs of design,	975
engineering, installation, maintenance, and repair;	976

(3) Estimates of the amounts by which energy consumption	977
could be reduced;	978

(4) The interest rate used to estimate the costs of any	979
energy conservation measures that are to be financed by the	980
municipal corporation;	981

(5) The average system life of the energy conservation	982
measures;	983

(6) Estimates of the likely savings that will result from the	984
reduction in energy consumption over the average system life of	985
the energy conservation measures, including the methods used to	986
estimate the savings;	987

(7) A certification under the seal of a registered	988
professional engineer that the energy conservation report uses	989
reasonable methods of analysis and estimation.	990

(C)(1) A municipal corporation desiring to implement energy	991
conservation measures may proceed under any of the following	992
methods:	993

(a) Procure the energy conservation measures in any manner	994
authorized by the municipal corporation's charter, ordinances, or	995
any other existing authority;	996

(b) Advertise for bids using a report or any part of an	997
energy conservation report prepared under division (B) of this	998
section, and, except as otherwise provided in this section, comply	999
with competitive bidding requirements;	1000

(c) Notwithstanding any requirement in the Revised Code that	1001
requires competitive bidding or specifies bidding procedures,	1002
request proposals from at least three vendors for the	1003
implementation of energy conservation measures. A request for	1004
proposals shall require the installer that is awarded a contract	1005
under division (C)(2)(b) of this section to prepare an energy	1006
conservation report in accordance with division (B) of this	1007
section.	1008

Prior to sending any installer of energy conservation	1009
measures a copy of any request for proposals, the legislative	1010
authority shall advertise its intent to request proposals for the	1011
installation of energy conservation measures in a newspaper of	1012
general circulation in the municipal corporation once a week for	1013
two consecutive weeks. The notice shall state that the legislative	1014
authority intends to request proposals for the installation of	1015
energy conservation measures, indicate the date on which the	1016
request for proposals will be mailed to installers of energy	1017
conservation measures, which shall be at least ten days after the	1018
second publication in the newspaper, and state that any installer	1019
of energy conservation measures interested in receiving the	1020
request for proposals shall submit written notice to the	1021
legislative authority not later than noon of the day on which the	1022
request for proposals is to be mailed.	1023

(2)(a) Upon receiving bids under division (C)(1)(a) of this	1024
section, the legislative authority shall analyze them and select	1025
the lowest and best bid or bids most likely to result in the	1026
greatest energy savings considering the cost of the project and	1027
the legislative authority's ability to pay for the improvements	1028
with current revenues or by financing the improvements.	1029

(b) Upon receiving proposals under division (C)(1)(b) of this	1030
section, the legislative authority shall analyze the proposals and	1031
the installers' qualifications and select the most qualified	1032
installer to prepare an energy conservation report in accordance	1033
with division (B) of this section. After receipt and review of the	1034
energy conservation report, the legislative authority may award a	1035
contract to the selected installer to install the energy	1036
conservation measures that are most likely to result in the	1037
greatest energy savings considering the cost of the project and	1038
the legislative authority's ability to pay for the improvements	1039
with current revenues or by financing the improvements.	1040

(c) The awarding of a contract to install energy conservation	1041
measures under division (C)(2)(a) or (b) of this section shall be	1042
conditioned upon a finding by the contracting authority that the	1043
amount of money spent on energy conservation measures is not	1044
likely to exceed the amount of money the municipal corporation	1045
would save in energy, operating, maintenance, and avoided capital	1046
costs over the average system life of the energy conservation	1047
measures as specified in the energy conservation report. In making	1048
such a finding, the contracting authority may take into account	1049
the increased costs due to inflation as shown in the energy	1050
conservation report. Nothing in this division prohibits a	1051
municipal corporation from rejecting all bids or proposals under	1052
division (C)(1)(a) or (b) of this section or from selecting more	1053
than one bid or proposal.	1054

(D) The legislative authority of a municipal corporation may	1055
enter into an installment payment contract for the purchase and	1056
installation of energy conservation measures. ~~The~~Provisions of	1057
installment payment contracts that deal with interest charges and	1058
financing terms shall not be subject to competitive bidding	1059
requirements and shall be on the following terms:	1060

(1) Not less than a specified percentage of the costs of the	1061
contract shall be paid within two years from the date of purchase,	1062
as determined and approved by the legislative authority of a	1063
municipal corporation.	1064

(2) The remaining balance of the costs of the contract shall	1065
be paid within the lesser of the average system life of the energy	1066
conservation measures as specified in the energy conservation	1067
report or thirty years.	1068

(E) The legislative authority of a municipal corporation may	1069
issue the notes of the municipal corporation specifying the terms	1070
of ~~the~~a purchase of energy conservation measures under this	1071
section and securing ~~the~~any deferred payments provided ~~in the~~	1072
~~contract,~~for in division (C) of this section. The notes shall be	1073
payable at the times provided and ~~bearing~~bear interest at a rate	1074
not exceeding the rate determined as provided in section 9.95 of	1075
the Revised Code. The notes may contain an option for prepayment	1076
and shall not be subject to Chapter 133. of the Revised Code.	1077
Revenues derived from local taxes or otherwise, for the purpose of	1078
conserving energy or for defraying the current operating expenses	1079
of the municipal corporation, may be pledged and applied to the	1080
payment of interest and the retirement of ~~such~~the notes. The	1081
notes may be sold at private sale or given to the contractor under	1082
~~the~~an installment payment contract authorized by ~~this~~ division	1083
(C) of this section.	1084

~~(C)~~(F) Debt incurred under this section shall not be included	1085
in the calculation of the net indebtedness of a municipal	1086
corporation under section 133.05 of the Revised Code.	1087

Sec. 733.40. Except as otherwise provided in section	1088
4511.193 of the Revised Code, all fines, forfeitures, and costs in	1089
ordinance cases and all fees that are collected by the mayor, that	1090
in any manner come into the mayor's hands, or that are due the	1091
mayor or a marshal, chief of police, or other officer of the	1092
municipal corporation, any other fees and expenses that have been	1093
advanced out of the treasury of the municipal corporation, and all	1094
money received by the mayor for the use of the municipal	1095
corporation shall be paid by the mayor into the treasury of the	1096
municipal corporation on the first Monday of each month. At the	1097
first regular meeting of the legislative authority each month, the	1098
mayor shall submit a full statement of all money received, from	1099
whom and for what purposes received, and when paid into the	1100
treasury. Except as otherwise provided by ~~sections 3375.50 to~~	1101
~~3375.52~~section 307.515 or 4511.19 of the Revised Code, all fines,	1102
and forfeitures collected by the mayor in state cases, together	1103
with all fees and expenses collected that have been advanced out	1104
of the county treasury, shall be paid by the mayor to the county	1105
treasury on the first business day of each month. Except as	1106
otherwise provided by ~~sections 3375.50 to 3375.52~~section 307.515	1107
or 4511.19 of the Revised Code, the mayor shall pay all court	1108
costs and fees collected by the mayor in state cases into the	1109
municipal treasury on the first business day of each month.	1110

This section does not apply to fines collected by a mayor's	1111
court for violations of division (B) of section 4513.263 of the	1112
Revised Code, or for violations of any municipal ordinance that is	1113
substantively comparable to that division, all of which shall be	1114
forwarded to the treasurer of state as provided in division (E) of	1115
section 4513.263 of the Revised Code.	1116

Sec. 1333.851. With respect to any merger, acquisition,	1117
purchase, or assignment under division (D) of section 1333.85 of	1118
the Revised Code, the territories for the particular product or	1119
brand of alcoholic beverage shall not be assigned to another	1120
distributor until the successor manufacturer compensates the	1121
terminated or nonrenewed distributor for the diminished value of	1122
the distributor's business.	1123

Sec. 1901.024. (A) The board of county commissioners of	1124
Hamilton county shall pay all of the costs of operation of the	1125
Hamilton county municipal court. Subject to sections ~~3375.50,~~	1126
~~3375.53~~307.515, 4511.19, 4511.193, and 5503.04 of the Revised	1127
Code and to any other section of the Revised Code that requires a	1128
specific manner of disbursement of any moneys received by a	1129
municipal court, the county shall receive all of the costs, fees,	1130
and other moneys, except fines collected for violations of	1131
municipal ordinances and for violations of township resolutions	1132
adopted pursuant to Chapter 504. of the Revised Code, that are	1133
received by the Hamilton county municipal court and shall receive	1134
fifty per cent of all of the fines for violations of municipal	1135
ordinances and for violations of township resolutions adopted	1136
pursuant to Chapter 504. of the Revised Code that are received by	1137
the court.	1138

(B) The board of county commissioners of Lawrence county	1139
shall pay all of the costs of operation of the Lawrence county	1140
municipal court. Subject to sections ~~3375.50, 3375.53~~307.515,	1141
4511.19, 4511.193, and 5503.04 of the Revised Code and to any	1142
other section of the Revised Code that requires a specific manner	1143
of disbursement of any moneys received by a municipal court, the	1144
county shall receive all of the costs, fees, and other moneys,	1145
except fines collected for violations of municipal ordinances and	1146
for violations of township resolutions adopted pursuant to Chapter	1147
504. of the Revised Code, that are received by the Lawrence county	1148
municipal court and shall receive fifty per cent of all of the	1149
fines for violations of municipal ordinances and for violations of	1150
township resolutions adopted pursuant to Chapter 504. of the	1151
Revised Code that are received by the court.	1152

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

(D) The board of county commissioners of a county in which a	1167
county-operated municipal court is located shall pay all of the	1168
costs of operation of the municipal court. The county in which a	1169
county-operated municipal court that is not subject to division	1170
(A), (B), or (C) of this section is located shall receive all of	1171
the costs, fees, and other moneys, except fines collected for	1172
violations of municipal ordinances and for violations of township	1173
resolutions adopted pursuant to Chapter 504. of the Revised Code	1174
and except as provided in sections ~~3375.50, 3375.53,~~307.515 and	1175
5503.04 of the Revised Code and in any other section of the	1176
Revised Code that requires a specific manner of disbursement of	1177
any moneys received by a municipal court, that are received by the	1178
court.	1179

Sec. 1901.07. (A) All municipal court judges shall be	1180
elected on the nonpartisan ballot for terms of six years. In a	1181
municipal court in which only one judge is to be elected in any	1182
one year, that judge's term commences on the first day of January	1183
after the election. In a municipal court in which two or more	1184
judges are to be elected in any one year, their terms commence on	1185
successive days beginning the first day of January, following the	1186
election, unless otherwise provided by section 1901.08 of the	1187
Revised Code.	1188

(B) All candidates for municipal court judge may be nominated	1189
either by nominating petition or by primary election, except that	1190
if the jurisdiction of a municipal court extends only to the	1191
corporate limits of the municipal corporation in which the court	1192
is located and that municipal corporation operates under a	1193
charter, all candidates shall be nominated in the same manner	1194
provided in the charter for the office of municipal court judge	1195
or, if no specific provisions are made in the charter for the	1196
office of municipal court judge, in the same manner as the charter	1197
prescribes for the nomination and election of the legislative	1198
authority of the municipal corporation.	1199

If the jurisdiction of a municipal court extends beyond the	1200
corporate limits of the municipal corporation in which it is	1201
located or if the jurisdiction of the court does not extend beyond	1202
the corporate limits of the municipal corporation in which it is	1203
located and no charter provisions apply, all candidates for party	1204
nomination to the office of municipal court judge shall file a	1205
declaration of candidacy and petition not later than four p.m. of	1206
the seventy-fifth day before the day of the primary election, or	1207
if the primary election is a presidential primary election, not	1208
later than four p.m. of the sixtieth day before the day of the	1209
presidential primary election, in the form prescribed by section	1210
3513.07 of the Revised Code. The petition shall conform to the	1211
requirements provided for those petitions of candidacy contained	1212
in section 3513.05 of the Revised Code, except that the petition	1213
shall be signed by at least fifty electors of the territory of the	1214
court. If no valid declaration of candidacy is filed for	1215
nomination as a candidate of a political party for election to the	1216
office of municipal court judge, or if the number of persons	1217
filing the declarations of candidacy for nominations as candidates	1218
of one political party for election to the office does not exceed	1219
the number of candidates that that party is entitled to nominate	1220
as its candidates for election to the office, no primary election	1221
shall be held for the purpose of nominating candidates of that	1222
party for election to the office, and the candidates shall be	1223
issued certificates of nomination in the manner set forth in	1224
section 3513.02 of the Revised Code.	1225

If the jurisdiction of a municipal court extends beyond the	1226
corporate limits of the municipal corporation in which it is	1227
located or if the jurisdiction of the court does not extend beyond	1228
the corporate limits of the municipal corporation in which it is	1229
located and no charter provisions apply, nonpartisan candidates	1230
for the office of municipal court judge shall file nominating	1231
petitions not later than four p.m. of the day before the day of	1232
the primary election in the form prescribed by section 3513.261 of	1233
the Revised Code. The petition shall conform to the requirements	1234
provided for those petitions of candidacy contained in section	1235
3513.257 of the Revised Code, except that the petition shall be	1236
signed by at least fifty electors of the territory of the court.	1237

The nominating petition or declaration of candidacy for a	1238
municipal court judge shall contain a designation of the term for	1239
which the candidate seeks election. At the following regular	1240
municipal election, the candidacies of the judges nominated shall	1241
be submitted to the electors of the territory on a nonpartisan,	1242
judicial ballot in the same manner as provided for judges of the	1243
court of common pleas, except that, in a municipal corporation	1244
operating under a charter, all candidates for municipal court	1245
judge shall be elected in conformity with the charter if	1246
provisions are made in the charter for the election of municipal	1247
court judges.	1248

(C) Notwithstanding divisions (A) and (B) of this section, in	1249
the following municipal courts, the judges shall be nominated and	1250
elected as follows:	1251

(1) In the Cleveland municipal court, the judges shall be	1252
nominated only by petition. The petition shall be signed by at	1253
least fifty electors of the territory of the court. It shall be in	1254
the statutory form and shall be filed in the manner and within the	1255
time prescribed by the charter of the city of Cleveland for filing	1256
petitions of candidates for municipal offices. Each elector shall	1257
have the right to sign petitions for as many candidates as are to	1258
be elected, but no more. The judges shall be elected by the	1259
electors of the territory of the court in the manner provided by	1260
law for the election of judges of the court of common pleas.	1261

(2) In the Toledo municipal court, the judges shall be	1262
nominated only by petition. The petition shall be signed by at	1263
least fifty electors of the territory of the court. It shall be in	1264
the statutory form and shall be filed in the manner and within the	1265
time prescribed by the charter of the city of Toledo for filing	1266
nominating petitions for city council. Each elector shall have the	1267
right to sign petitions for as many candidates as are to be	1268
elected, but no more. The judges shall be elected by the electors	1269
of the territory of the court in the manner provided by law for	1270
the election of judges of the court of common pleas.	1271

(3) In the Akron municipal court, the judges shall be	1272
nominated only by petition. The petition shall be signed by at	1273
least fifty electors of the territory of the court. It shall be in	1274
statutory form and shall be filed in the manner and within the	1275
time prescribed by the charter of the city of Akron for filing	1276
nominating petitions of candidates for municipal offices. Each	1277
elector shall have the right to sign petitions for as many	1278
candidates as are to be elected, but no more. The judges shall be	1279
elected by the electors of the territory of the court in the	1280
manner provided by law for the election of judges of the court of	1281
common pleas.	1282

(4) In the Hamilton county municipal court, the judges shall	1283
be nominated only by petition. The petition shall be signed by at	1284
least fifty electors of the territory of the court, which	1285
petitions shall be signed, verified, and filed in the manner and	1286
within the time required by law for nominating petitions for	1287
members of council of the city of Cincinnati. The judges shall be	1288
elected by the electors of the territory of the court at the	1289
regular municipal election and in the manner provided by law for	1290
the election of judges of the court of common pleas.	1291

(5) In the Franklin county municipal court, the judges shall	1292
be nominated only by petition. The petition shall be signed by at	1293
least fifty electors of the territory of the court. The petition	1294
shall be in the statutory form and shall be filed in the manner	1295
and within the time prescribed by the charter of the city of	1296
Columbus for filing petitions of candidates for municipal offices.	1297
The judges shall be elected by the electors of the territory of	1298
the court in the manner provided by law for the election of judges	1299
of the court of common pleas.	1300

(6) In the Auglaize, Brown, Carroll, Clermont, Crawford,	1301
Hocking, Jackson, Lawrence, Madison, Miami, Morrow, ~~Portage,~~ and	1302
Wayne county municipal courts, the judges shall be nominated only	1303
by petition. The petitions shall be signed by at least fifty	1304
electors of the territory of the court and shall conform to the	1305
provisions of this section.	1306

(D) In the Portage county municipal court, the judges shall	1307
be nominated either by nominating petition or by primary election,	1308
as provided in division (B) of this section.	1309

(E) As used in this section, as to an election for either a	1310
full or an unexpired term, "the territory within the jurisdiction	1311
of the court" means that territory as it will be on the first day	1312
of January after the election.	1313

Sec. 1901.08. The number of, and the time for election of,	1314
judges of the following municipal courts and the beginning of	1315
their terms shall be as follows:	1316

In the Akron municipal court, two full-time judges shall be	1317
elected in 1951, two full-time judges shall be elected in 1953,	1318
one full-time judge shall be elected in 1967, and one full-time	1319
judge shall be elected in 1975.	1320

In the Alliance municipal court, one full-time judge shall be	1321
elected in 1953.	1322

In the Ashland municipal court, one full-time judge shall be	1323
elected in 1951.	1324

In the Ashtabula municipal court, one full-time judge shall	1325
be elected in 1953.	1326

In the Athens county municipal court, one full-time judge	1327
shall be elected in 1967.	1328

In the Auglaize county municipal court, one full-time judge	1329
shall be elected in 1975.	1330

In the Avon Lake municipal court, one part-time judge shall	1331
be elected in 1957.	1332

In the Barberton municipal court, one full-time judge shall	1333
be elected in 1969, and one full-time judge shall be elected in	1334
1971.	1335

In the Bedford municipal court, one full-time judge shall be	1336
elected in 1975, and one full-time judge shall be elected in 1979.	1337

In the Bellefontaine municipal court, one full-time judge	1338
shall be elected in 1993.	1339

In the Bellevue municipal court, one part-time judge shall be	1340
elected in 1951.	1341

In the Berea municipal court, one full-time judge shall be	1342
elected in 2005.	1343

In the Bowling Green municipal court, one full-time judge	1344
shall be elected in 1983.	1345

In the Brown county municipal court, one full-time judge	1346
shall be elected in 2005. Beginning February 9, 2003, the	1347
part-time judge of the Brown county county court that existed	1348
prior to that date whose term commenced on January 2, 2001, shall	1349
serve as the full-time judge of the Brown county municipal court	1350
until December 31, 2005.	1351

In the Bryan municipal court, one full-time judge shall be	1352
elected in 1965.	1353

In the Cambridge municipal court, one full-time judge shall	1354
be elected in 1951.	1355

In the Campbell municipal court, one part-time judge shall be	1356
elected in 1963.	1357

In the Canton municipal court, one full-time judge shall be	1358
elected in 1951, one full-time judge shall be elected in 1969, and	1359
two full-time judges shall be elected in 1977.	1360

In the Carroll county municipal court, one full-time judge	1361
shall be elected in 2009. Beginning January 1, 2007, the judge	1362
elected in 2006 to the part-time judgeship of the Carroll county	1363
county court that existed prior to that date shall serve as the	1364
full-time judge of the Carroll county municipal court until	1365
December 31, 2009.	1366

In the Celina municipal court, one full-time judge shall be	1367
elected in 1957.	1368

In the Champaign county municipal court, one full-time judge	1369
shall be elected in 2001.	1370

In the Chardon municipal court, one part-time judge shall be	1371
elected in 1963.	1372

In the Chillicothe municipal court, one full-time judge shall	1373
be elected in 1951, and one full-time judge shall be elected in	1374
1977.	1375

In the Circleville municipal court, one full-time judge shall	1376
be elected in 1953.	1377

In the Clark county municipal court, one full-time judge	1378
shall be elected in 1989, and two full-time judges shall be	1379
elected in 1991. The full-time judges of the Springfield municipal	1380
court who were elected in 1983 and 1985 shall serve as the judges	1381
of the Clark county municipal court from January 1, 1988, until	1382
the end of their respective terms.	1383

In the Clermont county municipal court, two full-time judges	1384
shall be elected in 1991, and one full-time judge shall be elected	1385
in 1999.	1386

In the Cleveland municipal court, six full-time judges shall	1387
be elected in 1975, three full-time judges shall be elected in	1388
1953, and four full-time judges shall be elected in 1955.	1389

In the Cleveland Heights municipal court, one full-time judge	1390
shall be elected in 1957.	1391

In the Clinton county municipal court, one full-time judge	1392
shall be elected in 1997. The full-time judge of the Wilmington	1393
municipal court who was elected in 1991 shall serve as the judge	1394
of the Clinton county municipal court from July 1, 1992, until the	1395
end of that judge's term on December 31, 1997.	1396

In the Columbiana county municipal court, two full-time	1397
judges shall be elected in 2001.	1398

In the Conneaut municipal court, one full-time judge shall be	1399
elected in 1953.	1400

In the Coshocton municipal court, one full-time judge shall	1401
be elected in 1951.	1402

In the Crawford county municipal court, one full-time judge	1403
shall be elected in 1977.	1404

In the Cuyahoga Falls municipal court, one full-time judge	1405
shall be elected in 1953, and one full-time judge shall be elected	1406
in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal	1407
court shall cease to exist; however, the judges of the Cuyahoga	1408
Falls municipal court who were elected pursuant to this section in	1409
2003 and 2007 for terms beginning on January 1, 2004, and January	1410
1, 2008, respectively, shall serve as full-time judges of the Stow	1411
municipal court until December 31, 2009, and December 31, 2013,	1412
respectively.	1413

In the Darke county municipal court, one full-time judge	1414
shall be elected in 2005. Beginning January 1, 2005, the part-time	1415
judge of the Darke county county court that existed prior to that	1416
date whose term began on January 1, 2001, shall serve as the	1417
full-time judge of the Darke county municipal court until December	1418
31, 2005.	1419

In the Dayton municipal court, three full-time judges shall	1420
be elected in 1987, their terms to commence on successive days	1421
beginning on the first day of January next after their election,	1422
and two full-time judges shall be elected in 1955, their terms to	1423
commence on successive days beginning on the second day of January	1424
next after their election.	1425

In the Defiance municipal court, one full-time judge shall be	1426
elected in 1957.	1427

In the Delaware municipal court, one full-time judge shall be	1428
elected in 1953, and one full-time judge shall be elected in 2007.	1429

In the East Cleveland municipal court, one full-time judge	1430
shall be elected in 1957.	1431

In the East Liverpool municipal court, one full-time judge	1432
shall be elected in 1953.	1433

In the Eaton municipal court, one full-time judge shall be	1434
elected in 1973.	1435

In the Elyria municipal court, one full-time judge shall be	1436
elected in 1955, and one full-time judge shall be elected in 1973.	1437

In the Erie county municipal court, one full-time judge shall	1438
be elected in 2007.	1439

In the Euclid municipal court, one full-time judge shall be	1440
elected in 1951.	1441

In the Fairborn municipal court, one full-time judge shall be	1442
elected in 1977.	1443

In the Fairfield county municipal court, one full-time judge	1444
shall be elected in 2003, and one full-time judge shall be elected	1445
in 2005.	1446

In the Fairfield municipal court, one full-time judge shall	1447
be elected in 1989.	1448

In the Findlay municipal court, one full-time judge shall be	1449
elected in 1955, and one full-time judge shall be elected in 1993.	1450

In the Fostoria municipal court, one full-time judge shall be	1451
elected in 1975.	1452

In the Franklin municipal court, one part-time judge shall be	1453
elected in 1951.	1454

In the Franklin county municipal court, two full-time judges	1455
shall be elected in 1969, three full-time judges shall be elected	1456
in 1971, seven full-time judges shall be elected in 1967, one	1457
full-time judge shall be elected in 1975, one full-time judge	1458
shall be elected in 1991, and one full-time judge shall be elected	1459
in 1997.	1460

In the Fremont municipal court, one full-time judge shall be	1461
elected in 1975.	1462

In the Gallipolis municipal court, one full-time judge shall	1463
be elected in 1981.	1464

In the Garfield Heights municipal court, one full-time judge	1465
shall be elected in 1951, and one full-time judge shall be elected	1466
in 1981.	1467

In the Girard municipal court, one full-time judge shall be	1468
elected in 1963.	1469

In the Hamilton municipal court, one full-time judge shall be	1470
elected in 1953.	1471

In the Hamilton county municipal court, five full-time judges	1472
shall be elected in 1967, five full-time judges shall be elected	1473
in 1971, two full-time judges shall be elected in 1981, and two	1474
full-time judges shall be elected in 1983. All terms of judges of	1475
the Hamilton county municipal court shall commence on the first	1476
day of January next after their election, except that the terms of	1477
the additional judges to be elected in 1981 shall commence on	1478
January 2, 1982, and January 3, 1982, and that the terms of the	1479
additional judges to be elected in 1983 shall commence on January	1480
4, 1984, and January 5, 1984.	1481

In the Hardin county municipal court, one part-time judge	1482
shall be elected in 1989.	1483

In the Hillsboro municipal court, one ~~part-time~~full-time	1484
judge shall be elected in ~~1957~~2011. On and after the effective	1485
date of this amendment, the part-time judge of the Hillsboro	1486
municipal court who was elected in 2005 shall serve as a full-time	1487
judge of the court until the end of that judge's term on December	1488
31, 2011.	1489

In the Hocking county municipal court, one full-time judge	1490
shall be elected in 1977.	1491

In the Holmes county municipal court, one full-time judge	1492
shall be elected in 2007. Beginning January 1, 2007, the part-time	1493
judge of the Holmes county county court that existed prior to that	1494
date whose term commenced on January 1, 2007, shall serve as the	1495
full-time judge of the Holmes county municipal court until	1496
December 31, 2007.	1497

In the Huron municipal court, one part-time judge shall be	1498
elected in 1967.	1499

In the Ironton municipal court, one full-time judge shall be	1500
elected in 1951.	1501

In the Jackson county municipal court, one full-time judge	1502
shall be elected in 2001. On and after March 31, 1997, the	1503
part-time judge of the Jackson county municipal court who was	1504
elected in 1995 shall serve as a full-time judge of the court	1505
until the end of that judge's term on December 31, 2001.	1506

In the Kettering municipal court, one full-time judge shall	1507
be elected in 1971, and one full-time judge shall be elected in	1508
1975.	1509

In the Lakewood municipal court, one full-time judge shall be	1510
elected in 1955.	1511

In the Lancaster municipal court, one full-time judge shall	1512
be elected in 1951, and one full-time judge shall be elected in	1513
1979. Beginning January 2, 2000, the full-time judges of the	1514
Lancaster municipal court who were elected in 1997 and 1999 shall	1515
serve as judges of the Fairfield county municipal court until the	1516
end of those judges' terms.	1517

In the Lawrence county municipal court, one part-time judge	1518
shall be elected in 1981.	1519

In the Lebanon municipal court, one part-time judge shall be	1520
elected in 1955.	1521

In the Licking county municipal court, one full-time judge	1522
shall be elected in 1951, and one full-time judge shall be elected	1523
in 1971.	1524

In the Lima municipal court, one full-time judge shall be	1525
elected in 1951, and one full-time judge shall be elected in 1967.	1526

In the Lorain municipal court, one full-time judge shall be	1527
elected in 1953, and one full-time judge shall be elected in 1973.	1528

In the Lyndhurst municipal court, one part-time judge shall	1529
be elected in 1957.	1530

In the Madison county municipal court, one full-time judge	1531
shall be elected in 1981.	1532

In the Mansfield municipal court, one full-time judge shall	1533
be elected in 1951, and one full-time judge shall be elected in	1534
1969.	1535

In the Marietta municipal court, one full-time judge shall be	1536
elected in 1957.	1537

In the Marion municipal court, one full-time judge shall be	1538
elected in 1951.	1539

In the Marysville municipal court, one full-time judge shall	1540
be elected in 2011. On and after January 18, 2007, the part-time	1541
judge of the Marysville municipal court who was elected in 2005	1542
shall serve as a full-time judge of the court until the end of	1543
that judge's term on December 31, 2011.	1544

In the Mason municipal court, one part-time judge shall be	1545
elected in 1965.	1546

In the Massillon municipal court, one full-time judge shall	1547
be elected in 1953, and one full-time judge shall be elected in	1548
1971.	1549

In the Maumee municipal court, one full-time judge shall be	1550
elected in 1963.	1551

In the Medina municipal court, one full-time judge shall be	1552
elected in 1957.	1553

In the Mentor municipal court, one full-time judge shall be	1554
elected in 1971.	1555

In the Miami county municipal court, one full-time judge	1556
shall be elected in 1975, and one full-time judge shall be elected	1557
in 1979.	1558

In the Miamisburg municipal court, one part-time judge shall	1559
be elected in 1951.	1560

In the Middletown municipal court, one full-time judge shall	1561
be elected in 1953.	1562

In the Morrow county municipal court, one full-time judge	1563
shall be elected in 2005. Beginning January 1, 2003, the part-time	1564
judge of the Morrow county county court that existed prior to that	1565
date shall serve as the full-time judge of the Morrow county	1566
municipal court until December 31, 2005.	1567

In the Mount Vernon municipal court, one full-time judge	1568
shall be elected in 1951.	1569

In the Napoleon municipal court, one full-time judge shall be	1570
elected in 2005.	1571

In the New Philadelphia municipal court, one full-time judge	1572
shall be elected in 1975.	1573

In the Newton Falls municipal court, one full-time judge	1574
shall be elected in 1963.	1575

In the Niles municipal court, one full-time judge shall be	1576
elected in 1951.	1577

In the Norwalk municipal court, one full-time judge shall be	1578
elected in 1975.	1579

In the Oakwood municipal court, one part-time judge shall be	1580
elected in 1953.	1581

In the Oberlin municipal court, one full-time judge shall be	1582
elected in 1989.	1583

In the Oregon municipal court, one full-time judge shall be	1584
elected in 1963.	1585

In the Ottawa county municipal court, one full-time judge	1586
shall be elected in 1995, and the full-time judge of the Port	1587
Clinton municipal court who is elected in 1989 shall serve as the	1588
judge of the Ottawa county municipal court from February 4, 1994,	1589
until the end of that judge's term.	1590

In the Painesville municipal court, one full-time judge shall	1591
be elected in 1951.	1592

In the Parma municipal court, one full-time judge shall be	1593
elected in 1951, one full-time judge shall be elected in 1967, and	1594
one full-time judge shall be elected in 1971.	1595

In the Perrysburg municipal court, one full-time judge shall	1596
be elected in 1977.	1597

In the Portage county municipal court, two full-time judges	1598
shall be elected in 1979, and one full-time judge shall be elected	1599
in 1971.	1600

In the Port Clinton municipal court, one full-time judge	1601
shall be elected in 1953. The full-time judge of the Port Clinton	1602
municipal court who is elected in 1989 shall serve as the judge of	1603
the Ottawa county municipal court from February 4, 1994, until the	1604
end of that judge's term.	1605

In the Portsmouth municipal court, one full-time judge shall	1606
be elected in 1951, and one full-time judge shall be elected in	1607
1985.	1608

In the Rocky River municipal court, one full-time judge shall	1609
be elected in 1957, and one full-time judge shall be elected in	1610
1971.	1611

In the Sandusky municipal court, one full-time judge shall be	1612
elected in 1953.	1613

In the Shaker Heights municipal court, one full-time judge	1614
shall be elected in 1957.	1615

In the Shelby municipal court, one part-time judge shall be	1616
elected in 1957.	1617

In the Sidney municipal court, one full-time judge shall be	1618
elected in 1995.	1619

In the South Euclid municipal court, one full-time judge	1620
shall be elected in 1999. The part-time judge elected in 1993,	1621
whose term commenced on January 1, 1994, shall serve until	1622
December 31, 1999, and the office of that judge is abolished on	1623
January 1, 2000.	1624

In the Springfield municipal court, two full-time judges	1625
shall be elected in 1985, and one full-time judge shall be elected	1626
in 1983, all of whom shall serve as the judges of the Springfield	1627
municipal court through December 31, 1987, and as the judges of	1628
the Clark county municipal court from January 1, 1988, until the	1629
end of their respective terms.	1630

In the Steubenville municipal court, one full-time judge	1631
shall be elected in 1953.	1632

In the Stow municipal court, one full-time judge shall be	1633
elected in 2009, and one full-time judge shall be elected in 2013.	1634
Beginning January 1, 2009, the judge of the Cuyahoga Falls	1635
municipal court that existed prior to that date whose term	1636
commenced on January 1, 2008, shall serve as a full-time judge of	1637
the Stow municipal court until December 31, 2013. Beginning	1638
January 1, 2009, the judge of the Cuyahoga Falls municipal court	1639
that existed prior to that date whose term commenced on January 1,	1640
2004, shall serve as a full-time judge of the Stow municipal court	1641
until December 31, 2009.	1642

In the Struthers municipal court, one part-time judge shall	1643
be elected in 1963.	1644

In the Sylvania municipal court, one full-time judge shall be	1645
elected in 1963.	1646

In the Tiffin municipal court, one full-time judge shall be	1647
elected in 1953.	1648

In the Toledo municipal court, two full-time judges shall be	1649
elected in 1971, four full-time judges shall be elected in 1975,	1650
and one full-time judge shall be elected in 1973.	1651

In the Upper Sandusky municipal court, one full-time judge	1652
shall be elected in 2011. The part-time judge elected in 2005,	1653
whose term commenced on January 1, 2006, shall serve as a	1654
full-time judge on and after January 1, 2008, until the	1655
expiration of that judge's term on December 31, 2011, and the	1656
office of that judge is abolished on January 1, 2012.	1657

In the Vandalia municipal court, one full-time judge shall be	1658
elected in 1959.	1659

In the Van Wert municipal court, one full-time judge shall be	1660
elected in 1957.	1661

In the Vermilion municipal court, one part-time judge shall	1662
be elected in 1965.	1663

In the Wadsworth municipal court, one full-time judge shall	1664
be elected in 1981.	1665

In the Warren municipal court, one full-time judge shall be	1666
elected in 1951, and one full-time judge shall be elected in 1971.	1667

In the Washington Court House municipal court, one full-time	1668
judge shall be elected in 1999. The part-time judge elected in	1669
1993, whose term commenced on January 1, 1994, shall serve until	1670
December 31, 1999, and the office of that judge is abolished on	1671
January 1, 2000.	1672

In the Wayne county municipal court, one full-time judge	1673
shall be elected in 1975, and one full-time judge shall be elected	1674
in 1979.	1675

In the Willoughby municipal court, one full-time judge shall	1676
be elected in 1951.	1677

In the Wilmington municipal court, one full-time judge shall	1678
be elected in 1991, who shall serve as the judge of the Wilmington	1679
municipal court through June 30, 1992, and as the judge of the	1680
Clinton county municipal court from July 1, 1992, until the end of	1681
that judge's term on December 31, 1997.	1682

In the Xenia municipal court, one full-time judge shall be	1683
elected in 1977.	1684

In the Youngstown municipal court, one full-time judge shall	1685
be elected in 1951, and two full-time judges shall be elected in	1686
1953.	1687

In the Zanesville municipal court, one full-time judge shall	1688
be elected in 1953.	1689

Sec. 1901.31. The clerk and deputy clerks of a municipal	1690
court shall be selected, be compensated, give bond, and have	1691
powers and duties as follows:	1692

(A) There shall be a clerk of the court who is appointed or	1693
elected as follows:	1694

(1)(a) Except in the Akron, Barberton, Toledo, Hamilton	1695
county, Portage county, and Wayne county municipal courts and	1696
through December 31, 2008, the Cuyahoga Falls municipal court, if	1697
the population of the territory equals or exceeds one hundred	1698
thousand at the regular municipal election immediately preceding	1699
the expiration of the term of the present clerk, the clerk shall	1700
be nominated and elected by the qualified electors of the	1701
territory in the manner that is provided for the nomination and	1702
election of judges in section 1901.07 of the Revised Code.	1703

The clerk so elected shall hold office for a term of six	1704
years, which term shall commence on the first day of January	1705
following the clerk's election and continue until the clerk's	1706
successor is elected and qualified.	1707

(b) In the Hamilton county municipal court, the clerk of	1708
courts of Hamilton county shall be the clerk of the municipal	1709
court and may appoint an assistant clerk who shall receive the	1710
compensation, payable out of the treasury of Hamilton county in	1711
semimonthly installments, that the board of county commissioners	1712
prescribes. The clerk of courts of Hamilton county, acting as the	1713
clerk of the Hamilton county municipal court and assuming the	1714
duties of that office, shall receive compensation at one-fourth	1715
the rate that is prescribed for the clerks of courts of common	1716
pleas as determined in accordance with the population of the	1717
county and the rates set forth in sections 325.08 and 325.18 of	1718
the Revised Code. This compensation shall be paid from the county	1719
treasury in semimonthly installments and is in addition to the	1720
annual compensation that is received for the performance of the	1721
duties of the clerk of courts of Hamilton county, as provided in	1722
sections 325.08 and 325.18 of the Revised Code.	1723

(c) In the Portage county and Wayne county municipal courts,	1724
the clerks of courts of Portage county and Wayne county shall be	1725
the clerks, respectively, of the Portage county and Wayne county	1726
municipal courts and may appoint a chief deputy clerk for each	1727
branch that is established pursuant to section 1901.311 of the	1728
Revised Code and assistant clerks as the judges of the municipal	1729
court determine are necessary, all of whom shall receive the	1730
compensation that the legislative authority prescribes. The clerks	1731
of courts of Portage county and Wayne county, acting as the clerks	1732
of the Portage county and Wayne county municipal courts and	1733
assuming the duties of these offices, shall receive compensation	1734
payable from the county treasury in semimonthly installments at	1735
one-fourth the rate that is prescribed for the clerks of courts of	1736
common pleas as determined in accordance with the population of	1737
the county and the rates set forth in sections 325.08 and 325.18	1738
of the Revised Code.	1739

(d) Except as otherwise provided in division (A)(1)(d) of	1740
this section, in the Akron municipal court, candidates for	1741
election to the office of clerk of the court shall be nominated by	1742
primary election. The primary election shall be held on the day	1743
specified in the charter of the city of Akron for the nomination	1744
of municipal officers. Notwithstanding any contrary provision of	1745
section 3513.05 or 3513.257 of the Revised Code, the declarations	1746
of candidacy and petitions of partisan candidates and the	1747
nominating petitions of independent candidates for the office of	1748
clerk of the Akron municipal court shall be signed by at least	1749
fifty qualified electors of the territory of the court.	1750

The candidates shall file a declaration of candidacy and	1751
petition, or a nominating petition, whichever is applicable, not	1752
later than four p.m. of the seventy-fifth day before the day of	1753
the primary election, in the form prescribed by section 3513.07 or	1754
3513.261 of the Revised Code. The declaration of candidacy and	1755
petition, or the nominating petition, shall conform to the	1756
applicable requirements of section 3513.05 or 3513.257 of the	1757
Revised Code.	1758

If no valid declaration of candidacy and petition is filed by	1759
any person for nomination as a candidate of a particular political	1760
party for election to the office of clerk of the Akron municipal	1761
court, a primary election shall not be held for the purpose of	1762
nominating a candidate of that party for election to that office.	1763
If only one person files a valid declaration of candidacy and	1764
petition for nomination as a candidate of a particular political	1765
party for election to that office, a primary election shall not be	1766
held for the purpose of nominating a candidate of that party for	1767
election to that office, and the candidate shall be issued a	1768
certificate of nomination in the manner set forth in section	1769
3513.02 of the Revised Code.	1770

Declarations of candidacy and petitions, nominating	1771
petitions, and certificates of nomination for the office of clerk	1772
of the Akron municipal court shall contain a designation of the	1773
term for which the candidate seeks election. At the following	1774
regular municipal election, all candidates for the office shall be	1775
submitted to the qualified electors of the territory of the court	1776
in the manner that is provided in section 1901.07 of the Revised	1777
Code for the election of the judges of the court. The clerk so	1778
elected shall hold office for a term of six years, which term	1779
shall commence on the first day of January following the clerk's	1780
election and continue until the clerk's successor is elected and	1781
qualified.	1782

(e) Except as otherwise provided in division (A)(1)(e) of	1783
this section, in the Barberton municipal court, candidates for	1784
election to the office of clerk of the court shall be nominated by	1785
primary election. The primary election shall be held on the day	1786
specified in the charter of the city of Barberton for the	1787
nomination of municipal officers. Notwithstanding any contrary	1788
provision of section 3513.05 or 3513.257 of the Revised Code, the	1789
declarations of candidacy and petitions of partisan candidates and	1790
the nominating petitions of independent candidates for the office	1791
of clerk of the Barberton municipal court shall be signed by at	1792
least fifty qualified electors of the territory of the court.	1793

The candidates shall file a declaration of candidacy and	1794
petition, or a nominating petition, whichever is applicable, not	1795
later than four p.m. of the seventy-fifth day before the day of	1796
the primary election, in the form prescribed by section 3513.07 or	1797
3513.261 of the Revised Code. The declaration of candidacy and	1798
petition, or the nominating petition, shall conform to the	1799
applicable requirements of section 3513.05 or 3513.257 of the	1800
Revised Code.	1801

If no valid declaration of candidacy and petition is filed by	1802
any person for nomination as a candidate of a particular political	1803
party for election to the office of clerk of the Barberton	1804
municipal court, a primary election shall not be held for the	1805
purpose of nominating a candidate of that party for election to	1806
that office. If only one person files a valid declaration of	1807
candidacy and petition for nomination as a candidate of a	1808
particular political party for election to that office, a primary	1809
election shall not be held for the purpose of nominating a	1810
candidate of that party for election to that office, and the	1811
candidate shall be issued a certificate of nomination in the	1812
manner set forth in section 3513.02 of the Revised Code.	1813

Declarations of candidacy and petitions, nominating	1814
petitions, and certificates of nomination for the office of clerk	1815
of the Barberton municipal court shall contain a designation of	1816
the term for which the candidate seeks election. At the following	1817
regular municipal election, all candidates for the office shall be	1818
submitted to the qualified electors of the territory of the court	1819
in the manner that is provided in section 1901.07 of the Revised	1820
Code for the election of the judges of the court. The clerk so	1821
elected shall hold office for a term of six years, which term	1822
shall commence on the first day of January following the clerk's	1823
election and continue until the clerk's successor is elected and	1824
qualified.	1825

(f)(i) Through December 31, 2008, except as otherwise	1826
provided in division (A)(1)(f)(i) of this section, in the Cuyahoga	1827
Falls municipal court, candidates for election to the office of	1828
clerk of the court shall be nominated by primary election. The	1829
primary election shall be held on the day specified in the charter	1830
of the city of Cuyahoga Falls for the nomination of municipal	1831
officers. Notwithstanding any contrary provision of section	1832
3513.05 or 3513.257 of the Revised Code, the declarations of	1833
candidacy and petitions of partisan candidates and the nominating	1834
petitions of independent candidates for the office of clerk of the	1835
Cuyahoga Falls municipal court shall be signed by at least fifty	1836
qualified electors of the territory of the court.	1837

The candidates shall file a declaration of candidacy and	1838
petition, or a nominating petition, whichever is applicable, not	1839
later than four p.m. of the seventy-fifth day before the day of	1840
the primary election, in the form prescribed by section 3513.07 or	1841
3513.261 of the Revised Code. The declaration of candidacy and	1842
petition, or the nominating petition, shall conform to the	1843
applicable requirements of section 3513.05 or 3513.257 of the	1844
Revised Code.	1845

If no valid declaration of candidacy and petition is filed by	1846
any person for nomination as a candidate of a particular political	1847
party for election to the office of clerk of the Cuyahoga Falls	1848
municipal court, a primary election shall not be held for the	1849
purpose of nominating a candidate of that party for election to	1850
that office. If only one person files a valid declaration of	1851
candidacy and petition for nomination as a candidate of a	1852
particular political party for election to that office, a primary	1853
election shall not be held for the purpose of nominating a	1854
candidate of that party for election to that office, and the	1855
candidate shall be issued a certificate of nomination in the	1856
manner set forth in section 3513.02 of the Revised Code.	1857

Declarations of candidacy and petitions, nominating	1858
petitions, and certificates of nomination for the office of clerk	1859
of the Cuyahoga Falls municipal court shall contain a designation	1860
of the term for which the candidate seeks election. At the	1861
following regular municipal election, all candidates for the	1862
office shall be submitted to the qualified electors of the	1863
territory of the court in the manner that is provided in section	1864
1901.07 of the Revised Code for the election of the judges of the	1865
court. The clerk so elected shall hold office for a term of six	1866
years, which term shall commence on the first day of January	1867
following the clerk's election and continue until the clerk's	1868
successor is elected and qualified.	1869

(ii) Division (A)(1)(f)(i) of this section shall have no	1870
effect after December 31, 2008.	1871

(g) Except as otherwise provided in division (A)(1)(g) of	1872
this section, in the Toledo municipal court, candidates for	1873
election to the office of clerk of the court shall be nominated by	1874
primary election. The primary election shall be held on the day	1875
specified in the charter of the city of Toledo for the nomination	1876
of municipal officers. Notwithstanding any contrary provision of	1877
section 3513.05 or 3513.257 of the Revised Code, the declarations	1878
of candidacy and petitions of partisan candidates and the	1879
nominating petitions of independent candidates for the office of	1880
clerk of the Toledo municipal court shall be signed by at least	1881
fifty qualified electors of the territory of the court.	1882

The candidates shall file a declaration of candidacy and	1883
petition, or a nominating petition, whichever is applicable, not	1884
later than four p.m. of the seventy-fifth day before the day of	1885
the primary election, in the form prescribed by section 3513.07 or	1886
3513.261 of the Revised Code. The declaration of candidacy and	1887
petition, or the nominating petition, shall conform to the	1888
applicable requirements of section 3513.05 or 3513.257 of the	1889
Revised Code.	1890

If no valid declaration of candidacy and petition is filed by	1891
any person for nomination as a candidate of a particular political	1892
party for election to the office of clerk of the Toledo municipal	1893
court, a primary election shall not be held for the purpose of	1894
nominating a candidate of that party for election to that office.	1895
If only one person files a valid declaration of candidacy and	1896
petition for nomination as a candidate of a particular political	1897
party for election to that office, a primary election shall not be	1898
held for the purpose of nominating a candidate of that party for	1899
election to that office, and the candidate shall be issued a	1900
certificate of nomination in the manner set forth in section	1901
3513.02 of the Revised Code.	1902

Declarations of candidacy and petitions, nominating	1903
petitions, and certificates of nomination for the office of clerk	1904
of the Toledo municipal court shall contain a designation of the	1905
term for which the candidate seeks election. At the following	1906
regular municipal election, all candidates for the office shall be	1907
submitted to the qualified electors of the territory of the court	1908
in the manner that is provided in section 1901.07 of the Revised	1909
Code for the election of the judges of the court. The clerk so	1910
elected shall hold office for a term of six years, which term	1911
shall commence on the first day of January following the clerk's	1912
election and continue until the clerk's successor is elected and	1913
qualified.	1914

(2)(a) Except for the Alliance, Auglaize county, Brown	1915
county, Columbiana county, Holmes county, Lorain, Massillon, and	1916
Youngstown municipal courts, in a municipal court for which the	1917
population of the territory is less than one hundred thousand, the	1918
clerk shall be appointed by the court, and the clerk shall hold	1919
office until the clerk's successor is appointed and qualified.	1920

(b) In the Alliance, Lorain, Massillon, and Youngstown	1921
municipal courts, the clerk shall be elected for a term of office	1922
as described in division (A)(1)(a) of this section.	1923

(c) In the Auglaize county, Brown county, and Holmes county	1924
municipal courts, the clerks of courts of Auglaize county, Brown	1925
county, and Holmes county shall be the clerks, respectively, of	1926
the Auglaize county, Brown county, and Holmes county municipal	1927
courts and may appoint a chief deputy clerk for each branch office	1928
that is established pursuant to section 1901.311 of the Revised	1929
Code, and assistant clerks as the judge of the court determines	1930
are necessary, all of whom shall receive the compensation that the	1931
legislative authority prescribes. The clerks of courts of Auglaize	1932
county, Brown county, and Holmes county, acting as the clerks of	1933
the Auglaize county, Brown county, and Holmes county municipal	1934
courts and assuming the duties of these offices, shall receive	1935
compensation payable from the county treasury in semimonthly	1936
installments at one-fourth the rate that is prescribed for the	1937
clerks of courts of common pleas as determined in accordance with	1938
the population of the county and the rates set forth in sections	1939
325.08 and 325.18 of the Revised Code.	1940

(d) In the Columbiana county municipal court, the clerk of	1941
courts of Columbiana county shall be the clerk of the municipal	1942
court, may appoint a chief deputy clerk for each branch office	1943
that is established pursuant to section 1901.311 of the Revised	1944
Code, and may appoint any assistant clerks that the judges of the	1945
court determine are necessary. All of the chief deputy clerks and	1946
assistant clerks shall receive the compensation that the	1947
legislative authority prescribes. The clerk of courts of	1948
Columbiana county, acting as the clerk of the Columbiana county	1949
municipal court and assuming the duties of that office, shall	1950
receive in either biweekly installments or semimonthly	1951
installments, as determined by the payroll administrator,	1952
compensation payable from the county treasury at one-fourth the	1953
rate that is prescribed for the clerks of courts of common pleas	1954
as determined in accordance with the population of the county and	1955
the rates set forth in sections 325.08 and 325.18 of the Revised	1956
Code.	1957

(3) During the temporary absence of the clerk due to illness,	1958
vacation, or other proper cause, the court may appoint a temporary	1959
clerk, who shall be paid the same compensation, have the same	1960
authority, and perform the same duties as the clerk.	1961

(B) Except in the Hamilton county, Portage county, and Wayne	1962
county municipal courts, if a vacancy occurs in the office of the	1963
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal	1964
court or occurs in the office of the clerk of a municipal court	1965
for which the population of the territory equals or exceeds one	1966
hundred thousand because the clerk ceases to hold the office	1967
before the end of the clerk's term or because a clerk-elect fails	1968
to take office, the vacancy shall be filled, until a successor is	1969
elected and qualified, by a person chosen by the residents of the	1970
territory of the court who are members of the county central	1971
committee of the political party by which the last occupant of	1972
that office or the clerk-elect was nominated. Not less than five	1973
nor more than fifteen days after a vacancy occurs, those members	1974
of that county central committee shall meet to make an appointment	1975
to fill the vacancy. At least four days before the date of the	1976
meeting, the chairperson or a secretary of the county central	1977
committee shall notify each such member of that county central	1978
committee by first class mail of the date, time, and place of the	1979
meeting and its purpose. A majority of all such members of that	1980
county central committee constitutes a quorum, and a majority of	1981
the quorum is required to make the appointment. If the office so	1982
vacated was occupied or was to be occupied by a person not	1983
nominated at a primary election, or if the appointment was not	1984
made by the committee members in accordance with this division,	1985
the court shall make an appointment to fill the vacancy. A	1986
successor shall be elected to fill the office for the unexpired	1987
term at the first municipal election that is held more than one	1988
hundred twenty days after the vacancy occurred.	1989

(C)(1) In a municipal court, other than the Auglaize county,	1990
the Brown county, the Columbiana county, the Holmes county, and	1991
the Lorain municipal courts, for which the population of the	1992
territory is less than one hundred thousand, the clerk of the	1993
municipal court shall receive the annual compensation that the	1994
presiding judge of the court prescribes, if the revenue of the	1995
court for the preceding calendar year, as certified by the auditor	1996
or chief fiscal officer of the municipal corporation in which the	1997
court is located or, in the case of a county-operated municipal	1998
court, the county auditor, is equal to or greater than the	1999
expenditures, including any debt charges, for the operation of the	2000
court payable under this chapter from the city treasury or, in the	2001
case of a county-operated municipal court, the county treasury for	2002
that calendar year, as also certified by the auditor or chief	2003
fiscal officer. If the revenue of a municipal court, other than	2004
the Auglaize county, the Brown county, the Columbiana county, and	2005
the Lorain municipal courts, for which the population of the	2006
territory is less than one hundred thousand for the preceding	2007
calendar year as so certified is not equal to or greater than	2008
those expenditures for the operation of the court for that	2009
calendar year as so certified, the clerk of a municipal court	2010
shall receive the annual compensation that the legislative	2011
authority prescribes. As used in this division, "revenue" means	2012
the total of all costs and fees that are collected and paid to the	2013
city treasury or, in a county-operated municipal court, the county	2014
treasury by the clerk of the municipal court under division (F) of	2015
this section and all interest received and paid to the city	2016
treasury or, in a county-operated municipal court, the county	2017
treasury in relation to the costs and fees under division (G) of	2018
this section.	2019

(2) In a municipal court, other than the Hamilton county,	2020
Portage county, and Wayne county municipal courts, for which the	2021
population of the territory is one hundred thousand or more, and	2022
in the Lorain municipal court, the clerk of the municipal court	2023
shall receive annual compensation in a sum equal to eighty-five	2024
per cent of the salary of a judge of the court.	2025

(3) The compensation of a clerk described in division (C)(1)	2026
or (2) of this section is payable in semimonthly installments from	2027
the same sources and in the same manner as provided in section	2028
1901.11 of the Revised Code, except that the compensation of the	2029
clerk of the Carroll county municipal court is payable in biweekly	2030
installments.	2031

(D) Before entering upon the duties of the clerk's office,	2032
the clerk of a municipal court shall give bond of not less than	2033
six thousand dollars to be determined by the judges of the court,	2034
conditioned upon the faithful performance of the clerk's duties.	2035

(E) The clerk of a municipal court may do all of the	2036
following: administer oaths, take affidavits, and issue executions	2037
upon any judgment rendered in the court, including a judgment for	2038
unpaid costs; issue, sign, and attach the seal of the court to all	2039
writs, process, subpoenas, and papers issuing out of the court;	2040
and approve all bonds, sureties, recognizances, and undertakings	2041
fixed by any judge of the court or by law. The clerk may refuse to	2042
accept for filing any pleading or paper submitted for filing by a	2043
person who has been found to be a vexatious litigator under	2044
section 2323.52 of the Revised Code and who has failed to obtain	2045
leave to proceed under that section. The clerk shall do all of the	2046
following: file and safely keep all journals, records, books, and	2047
papers belonging or appertaining to the court; record the	2048
proceedings of the court; perform all other duties that the judges	2049
of the court may prescribe; and keep a book showing all receipts	2050
and disbursements, which book shall be open for public inspection	2051
at all times.	2052

The clerk shall prepare and maintain a general index, a	2053
docket, and other records that the court, by rule, requires, all	2054
of which shall be the public records of the court. In the docket,	2055
the clerk shall enter, at the time of the commencement of an	2056
action, the names of the parties in full, the names of the	2057
counsel, and the nature of the proceedings. Under proper dates,	2058
the clerk shall note the filing of the complaint, issuing of	2059
summons or other process, returns, and any subsequent pleadings.	2060
The clerk also shall enter all reports, verdicts, orders,	2061
judgments, and proceedings of the court, clearly specifying the	2062
relief granted or orders made in each action. The court may order	2063
an extended record of any of the above to be made and entered,	2064
under the proper action heading, upon the docket at the request of	2065
any party to the case, the expense of which record may be taxed as	2066
costs in the case or may be required to be prepaid by the party	2067
demanding the record, upon order of the court.	2068

(F) The clerk of a municipal court shall receive, collect,	2069
and issue receipts for all costs, fees, fines, bail, and other	2070
moneys payable to the office or to any officer of the court. The	2071
clerk shall each month disburse to the proper persons or officers,	2072
and take receipts for, all costs, fees, fines, bail, and other	2073
moneys that the clerk collects. Subject to sections ~~3375.50~~	2074
307.515 and 4511.193 of the Revised Code and to any other section	2075
of the Revised Code that requires a specific manner of	2076
disbursement of any moneys received by a municipal court and	2077
except for the Hamilton county, Lawrence county, and Ottawa county	2078
municipal courts, the clerk shall pay all fines received for	2079
violation of municipal ordinances into the treasury of the	2080
municipal corporation the ordinance of which was violated and	2081
shall pay all fines received for violation of township resolutions	2082
adopted pursuant to section 503.52 or 503.53 or Chapter 504. of	2083
the Revised Code into the treasury of the township the resolution	2084
of which was violated. Subject to sections 1901.024 and 4511.193	2085
of the Revised Code, in the Hamilton county, Lawrence county, and	2086
Ottawa county municipal courts, the clerk shall pay fifty per cent	2087
of the fines received for violation of municipal ordinances and	2088
fifty per cent of the fines received for violation of township	2089
resolutions adopted pursuant to section 503.52 or 503.53 or	2090
Chapter 504. of the Revised Code into the treasury of the county.	2091
Subject to sections ~~3375.50, 3375.53~~307.515, 4511.19, and 5503.04	2092
of the Revised Code and to any other section of the Revised Code	2093
that requires a specific manner of disbursement of any moneys	2094
received by a municipal court, the clerk shall pay all fines	2095
collected for the violation of state laws into the county	2096
treasury. Except in a county-operated municipal court, the clerk	2097
shall pay all costs and fees the disbursement of which is not	2098
otherwise provided for in the Revised Code into the city treasury.	2099
The clerk of a county-operated municipal court shall pay the costs	2100
and fees the disbursement of which is not otherwise provided for	2101
in the Revised Code into the county treasury. Moneys deposited as	2102
security for costs shall be retained pending the litigation. The	2103
clerk shall keep a separate account of all receipts and	2104
disbursements in civil and criminal cases, which shall be a	2105
permanent public record of the office. On the expiration of the	2106
term of the clerk, the clerk shall deliver the records to the	2107
clerk's successor. The clerk shall have other powers and duties as	2108
are prescribed by rule or order of the court.	2109

(G) All moneys paid into a municipal court shall be noted on	2110
the record of the case in which they are paid and shall be	2111
deposited in a state or national bank, or a domestic savings and	2112
loan association, as defined in section 1151.01 of the Revised	2113
Code, that is selected by the clerk. Any interest received upon	2114
the deposits shall be paid into the city treasury, except that, in	2115
a county-operated municipal court, the interest shall be paid into	2116
the treasury of the county in which the court is located.	2117

On the first Monday in January of each year, the clerk shall	2118
make a list of the titles of all cases in the court that were	2119
finally determined more than one year past in which there remains	2120
unclaimed in the possession of the clerk any funds, or any part of	2121
a deposit for security of costs not consumed by the costs in the	2122
case. The clerk shall give notice of the moneys to the parties who	2123
are entitled to the moneys or to their attorneys of record. All	2124
the moneys remaining unclaimed on the first day of April of each	2125
year shall be paid by the clerk to the city treasurer, except	2126
that, in a county-operated municipal court, the moneys shall be	2127
paid to the treasurer of the county in which the court is located.	2128
The treasurer shall pay any part of the moneys at any time to the	2129
person who has the right to the moneys upon proper certification	2130
of the clerk.	2131

(H) Deputy clerks of a municipal court other than the Carroll	2132
county municipal court may be appointed by the clerk and shall	2133
receive the compensation, payable in either biweekly installments	2134
or semimonthly installments, as determined by the payroll	2135
administrator, out of the city treasury, that the clerk may	2136
prescribe, except that the compensation of any deputy clerk of a	2137
county-operated municipal court shall be paid out of the treasury	2138
of the county in which the court is located. The judge of the	2139
Carroll county municipal court may appoint deputy clerks for the	2140
court, and the deputy clerks shall receive the compensation,	2141
payable in biweekly installments out of the county treasury, that	2142
the judge may prescribe. Each deputy clerk shall take an oath of	2143
office before entering upon the duties of the deputy clerk's	2144
office and, when so qualified, may perform the duties appertaining	2145
to the office of the clerk. The clerk may require any of the	2146
deputy clerks to give bond of not less than three thousand	2147
dollars, conditioned for the faithful performance of the deputy	2148
clerk's duties.	2149

(I) For the purposes of this section, whenever the population	2150
of the territory of a municipal court falls below one hundred	2151
thousand but not below ninety thousand, and the population of the	2152
territory prior to the most recent regular federal census exceeded	2153
one hundred thousand, the legislative authority of the municipal	2154
corporation may declare, by resolution, that the territory shall	2155
be considered to have a population of at least one hundred	2156
thousand.	2157

(J) The clerk or a deputy clerk shall be in attendance at all	2158
sessions of the municipal court, although not necessarily in the	2159
courtroom, and may administer oaths to witnesses and jurors and	2160
receive verdicts.	2161

Sec. 1907.20. (A) The clerk of courts shall be the clerk of	2162
the county court, except that the board of county commissioners,	2163
with the concurrence of the county court judges, may appoint a	2164
clerk for each county court judge, who shall serve at the pleasure	2165
of the board and shall receive compensation as set by the board,	2166
payable in semimonthly installments from the treasury of the	2167
county. An appointed clerk, before entering upon the duties of the	2168
office, shall give bond of not less than five thousand dollars, as	2169
determined by the board of county commissioners, conditioned upon	2170
the faithful performance of the clerk's duties.	2171

The clerks of courts of common pleas, when acting as the	2172
clerks of county courts, and upon assuming their county court	2173
duties, shall receive compensation at one-fourth the rate	2174
prescribed for the clerks of courts of common pleas as determined	2175
in accordance with the population of the county and the rates set	2176
forth in sections 325.08 and 325.18 of the Revised Code. This	2177
compensation shall be paid from the county treasury in semimonthly	2178
installments and is in addition to the annual compensation	2179
received for the performance of the duties of the clerk of a court	2180
of common pleas as provided in sections 325.08 and 325.18 of the	2181
Revised Code.	2182

(B) The clerk of a county court shall have general powers to	2183
administer oaths, take affidavits, and issue executions upon any	2184
judgment rendered in the county court, including a judgment for	2185
unpaid costs, power to issue and sign all writs, process,	2186
subpoenas, and papers issuing out of the court, and to attach the	2187
seal of the court to them, and power to approve all bonds,	2188
sureties, recognizances, and undertakings fixed by any judge of	2189
the court or by law. The clerk shall file and safely keep all	2190
journals, records, books, and papers belonging or appertaining to	2191
the court, record its proceedings, perform all other duties that	2192
the judges of the court may prescribe, and keep a book showing all	2193
receipts and disbursements, which shall be open for public	2194
inspection at all times. The clerk may refuse to accept for filing	2195
any pleading or paper submitted for filing by a person who has	2196
been found to be a vexatious litigator under section 2323.52 of	2197
the Revised Code and who has failed to obtain leave to proceed	2198
under that section.	2199

The clerk shall prepare and maintain a general index, a	2200
docket as prescribed by the court, which shall be furnished by the	2201
board of county commissioners, and such other records as the	2202
court, by rule, requires, all of which shall be the public records	2203
of the court. In the docket, the clerk shall enter at times of the	2204
commencement of an action, the names of the parties in full, the	2205
names of the counsel, and the nature of the proceedings. Under	2206
proper dates, the clerk shall note the filing of the complaint,	2207
issuing of summons or other process, returns, and pleadings	2208
subsequent thereto. The clerk also shall enter all reports,	2209
verdicts, orders, judgments, and proceedings of the court, clearly	2210
specifying the relief granted or orders made in each action. The	2211
court may order an extended record of any of the above to be made	2212
and entered, under the proper action heading, upon the docket at	2213
the request of any party to the case, the expense of which may be	2214
taxed as costs in the case or may be required to be prepaid by the	2215
party demanding the extended record, upon order of the court.	2216

(C) The clerk of a county court shall receive and collect all	2217
costs, fees, fines, penalties, bail, and other moneys payable to	2218
the office or to any officer of the court and issue receipts	2219
therefor, and shall each month disburse the costs, fees, fines,	2220
penalties, bail, and other moneys to the proper persons or	2221
officers and take receipts therefor. Subject to sections ~~3375.51,~~	2222
~~3375.53~~307.515, 4511.19, 4511.193, and 5503.04 of the Revised	2223
Code and all other statutes that require a different distribution	2224
of fines, fines received for violations of municipal ordinances	2225
shall be paid into the treasury of the municipal corporation whose	2226
ordinance was violated, fines received for violations of township	2227
resolutions adopted pursuant to section 503.52 or 503.53 or	2228
Chapter 504. of the Revised Code shall be paid into the treasury	2229
of the township whose resolution was violated, and fines collected	2230
for the violation of state laws shall be paid into the county	2231
treasury. Moneys deposited as security for costs shall be retained	2232
pending the litigation.	2233

The clerk shall keep a separate account of all receipts and	2234
disbursements in civil and criminal cases. The separate account	2235
shall be a permanent public record of the office. On the	2236
expiration of a clerk's term, those records shall be delivered to	2237
the clerk's successor.	2238

The clerk shall have such other powers and duties as are	2239
prescribed by rule or order of the court.	2240

(D) All moneys paid into a county court shall be noted on the	2241
record of the case in which they are paid and shall be deposited	2242
in a state or national bank selected by the clerk. On the first	2243
Monday in January of each year, the clerk shall make a list of the	2244
titles of all cases in the county court that were finally	2245
determined more than one year past in which there remains	2246
unclaimed in the possession of the clerk any funds, or any part of	2247
a deposit for security of costs not consumed by the costs in the	2248
case. The clerk shall give notice of the moneys to the parties	2249
entitled to them or to their attorneys of record. All the moneys	2250
remaining unclaimed on the first day of April of each year shall	2251
be paid by the clerk to the county treasurer. Any part of the	2252
moneys shall be paid by the county treasurer at any time to the	2253
person having the right to them, upon proper certification of the	2254
clerk.	2255

(E)(1) In county court districts having appointed clerks,	2256
deputy clerks may be appointed by the board of county	2257
commissioners. Clerks and deputy clerks shall receive such	2258
compensation payable in semimonthly installments out of the county	2259
treasury as the board may prescribe. Each deputy clerk shall take	2260
an oath of office before entering upon the duties of the deputy	2261
clerk's office and, when so qualified, may perform the duties	2262
appertaining to the office of the clerk. The clerk may require any	2263
of the deputy clerks to give bond of not less than three thousand	2264
dollars, conditioned for the faithful performance of the deputy	2265
clerk's duties.	2266

(2) A clerk of courts acting as clerk of the county court may	2267
appoint deputy clerks to perform the duties pertaining to the	2268
office of clerk of the county court. Each deputy clerk shall take	2269
an oath of office before entering upon the deputy clerk's duties,	2270
and the clerk of courts may require the deputy clerk to give bond	2271
of not less than three thousand dollars, conditioned for the	2272
faithful performance of the deputy clerk's duties.	2273

(3) The clerk or a deputy clerk of a county court shall be in	2274
attendance at all sessions of the court, although not necessarily	2275
in the courtroom, and may administer oaths to witnesses and jurors	2276
and receive verdicts.	2277

(F)(1) In county court districts having appointed clerks, the	2278
board of county commissioners may order the establishment of one	2279
or more branch offices of the clerk and, with the concurrence of	2280
the county judges, may appoint a special deputy clerk to	2281
administer each branch office. Each special deputy clerk shall	2282
take an oath of office before entering upon the duties of the	2283
deputy clerk's office and, when so qualified, may perform any one	2284
or more of the duties appertaining to the office of clerk, as the	2285
board prescribes. Special deputy clerks shall receive such	2286
compensation payable in semimonthly installments out of the county	2287
treasury as the board may prescribe. The board may require any of	2288
the special deputy clerks to give bond of not less than three	2289
thousand dollars, conditioned for the faithful performance of the	2290
deputy clerk's duties.	2291

The board of county commissioners may authorize the clerk of	2292
the county court to operate one or more branch offices, to divide	2293
the clerk's time between the offices, and to perform duties	2294
appertaining to the office of clerk in locations that the board	2295
prescribes.	2296

(2) A clerk of courts acting as clerk of the county court may	2297
establish one or more branch offices for the clerk's duties as	2298
clerk of the county court and, with the concurrence of the county	2299
court judges, may appoint a special deputy clerk to administer	2300
each branch office. Each special deputy clerk shall take an oath	2301
of office before entering upon the deputy clerk's duties and, when	2302
so qualified, may perform any of the duties pertaining to the	2303
office of clerk, as the clerk of courts prescribes. The clerk of	2304
courts may require any of the special deputy clerks to give bond	2305
of not less than three thousand dollars, conditioned for the	2306
faithful performance of the deputy clerk's duties.	2307

(G) The clerk of courts of the county shall fix the	2308
compensation of deputy clerks and special deputy clerks appointed	2309
by the clerk pursuant to this section. Those personnel shall be	2310
paid and be subject to the same requirements as other employees of	2311
the clerk under the provisions of section 325.17 of the Revised	2312
Code insofar as that section is applicable.	2313

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

2314

(1) "Court costs" means any assessment that the court	2315
requires an offender to pay to defray the costs of operating the	2316
court.	2317

(2) "State fines or costs" means any costs imposed or	2318
forfeited bail collected by the court under section 2743.70 of the	2319
Revised Code for deposit into the reparations fund or under	2320
section 2949.091 of the Revised Code for deposit into the general	2321
revenue fund and all fines, penalties, and forfeited bail	2322
collected by the court and paid to a law library association under	2323
~~sections 3375.50 to 3375.53~~section 307.515 of the Revised Code.	2324

(3) "Reimbursement" means any reimbursement for the costs of	2325
confinement that the court orders an offender to pay pursuant to	2326
section 2929.28 of the Revised Code, any supervision fee, any fee	2327
for the costs of house arrest with electronic monitoring that an	2328
offender agrees to pay, any reimbursement for the costs of an	2329
investigation or prosecution that the court orders an offender to	2330
pay pursuant to section 2929.71 of the Revised Code, or any other	2331
costs that the court orders an offender to pay.	2332

(4) "Supervision fees" means any fees that a court, pursuant	2333
to sections 2929.18, 2929.28, and 2951.021 of the Revised Code,	2334
requires an offender who is under a community control sanction to	2335
pay for supervision services.	2336

(5) "Community control sanction" has the same meaning as in	2337
section 2929.01 of the Revised Code.	2338

(B) Unless the court, in accordance with division (C) of this	2339
section, enters in the record of the case a different method of	2340
assigning payments, if a person who is charged with a misdemeanor	2341
is convicted of or pleads guilty to the offense, if the court	2342
orders the offender to pay any combination of court costs, state	2343
fines or costs, restitution, a conventional fine, or any	2344
reimbursement, and if the offender makes any payment of any of	2345
them to a clerk of court, the clerk shall assign the offender's	2346
payment in the following manner:	2347

(1) If the court ordered the offender to pay any court costs,	2348
the offender's payment shall be assigned toward the satisfaction	2349
of those court costs until they have been entirely paid.	2350

(2) If the court ordered the offender to pay any state fines	2351
or costs and if all of the court costs that the court ordered the	2352
offender to pay have been paid, the remainder of the offender's	2353
payment shall be assigned on a pro rata basis toward the	2354
satisfaction of the state fines or costs until they have been	2355
entirely paid.	2356

(3) If the court ordered the offender to pay any restitution	2357
and if all of the court costs and state fines or costs that the	2358
court ordered the offender to pay have been paid, the remainder of	2359
the offender's payment shall be assigned toward the satisfaction	2360
of the restitution until it has been entirely paid.	2361

(4) If the court ordered the offender to pay any fine and if	2362
all of the court costs, state fines or costs, and restitution that	2363
the court ordered the offender to pay have been paid, the	2364
remainder of the offender's payment shall be assigned toward the	2365
satisfaction of the fine until it has been entirely paid.	2366

(5) If the court ordered the offender to pay any	2367
reimbursement and if all of the court costs, state fines or costs,	2368
restitution, and fines that the court ordered the offender to pay	2369
have been paid, the remainder of the offender's payment shall be	2370
assigned toward the satisfaction of the reimbursements until they	2371
have been entirely paid.	2372

(C) If a person who is charged with a misdemeanor is	2373
convicted of or pleads guilty to the offense and if the court	2374
orders the offender to pay any combination of court costs, state	2375
fines or costs, restitution, fines, or reimbursements, the court,	2376
at the time it orders the offender to make those payments, may	2377
prescribe an order of payments that differs from the order set	2378
forth in division (B) of this section by entering in the record of	2379
the case the order so prescribed. If a different order is entered	2380
in the record, on receipt of any payment, the clerk of the court	2381
shall assign the payment in the manner prescribed by the court.	2382

Sec. 3301.0715. (A) Except as provided in division (E) of	2383
this section, the board of education of each city, local, and	2384
exempted village school district shall administer each applicable	2385
diagnostic assessment developed and provided to the district in	2386
accordance with section 3301.079 of the Revised Code to the	2387
following:	2388

(1) Each student enrolled in a building ~~subject to division~~	2389
~~(E) of section 3302.04 of the Revised Code~~that has failed to make	2390
adequate yearly progress for two or more consecutive school years;	2391

(2) Any student who transfers into the district or to a	2392
different school within the district if each applicable diagnostic	2393
assessment was not administered by the district or school the	2394
student previously attended in the current school year, within	2395
thirty days after the date of transfer. If the district or school	2396
into which the student transfers cannot determine whether the	2397
student has taken any applicable diagnostic assessment in the	2398
current school year, the district or school may administer the	2399
diagnostic assessment to the student.	2400

(3) Each kindergarten student, not earlier than four weeks	2401
prior to the first day of school and not later than the first day	2402
of October. For the purpose of division (A)(3) of this section,	2403
the district shall administer the kindergarten readiness	2404
assessment provided by the department of education. In no case	2405
shall the results of the readiness assessment be used to prohibit	2406
a student from enrolling in kindergarten.	2407

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

2408

(B) Each district board shall administer each diagnostic	2409
assessment as the board deems appropriate. However, the board	2410
shall administer any diagnostic assessment at least once annually	2411
to all students in the appropriate grade level. A district board	2412
may administer any diagnostic assessment in the fall and spring of	2413
a school year to measure the amount of academic growth	2414
attributable to the instruction received by students during that	2415
school year.	2416

(C) Each district board shall utilize and score any	2417
diagnostic assessment administered under division (A) of this	2418
section in accordance with rules established by the department.	2419
Except as required by division (B)(1)(o) of section 3301.0714 of	2420
the Revised Code, neither the state board of education nor the	2421
department shall require school districts to report the results of	2422
diagnostic assessments for any students to the department or to	2423
make any such results available in any form to the public. After	2424
the administration of any diagnostic assessment, each district	2425
shall provide a student's completed diagnostic assessment, the	2426
results of such assessment, and any other accompanying documents	2427
used during the administration of the assessment to the parent of	2428
that student upon the parent's request.	2429

(D) Each district board shall provide intervention services	2430
to students whose diagnostic assessments show that they are	2431
failing to make satisfactory progress toward attaining the	2432
academic standards for their grade level.	2433

(E) Any district that made adequate yearly progress~~, as~~	2434
~~defined in section 3302.01 of the Revised Code,~~ in the immediately	2435
preceding school year may assess student progress in grades one	2436
through three using a diagnostic assessment other than the	2437
diagnostic assessment required by division (A) of this section.	2438

(F) A district board may administer the third grade writing	2439
diagnostic assessment provided to the district in accordance with	2440
section 3301.079 of the Revised Code to any student enrolled in a	2441
building that is not subject to division (A)(1) of this section.	2442
Any district electing to administer the diagnostic assessment to	2443
students under this division shall provide intervention services	2444
to any such student whose diagnostic assessment shows	2445
unsatisfactory progress toward attaining the academic standards	2446
for the student's grade level.	2447

(G) As used in this section, "adequate yearly progress" has	2448
the same meaning as in section 3302.01 of the Revised Code.	2449

Sec. 3302.04. (A) The department of education shall	2450
establish a system of intensive, ongoing support for the	2451
improvement of school districts and school buildings. ~~The~~In	2452
accordance with the model of differentiated accountability	2453
described in section 3302.041 of the Revised Code, the system	2454
shall give priority to districts and buildings that have been	2455
declared to be under an academic watch or in a state of academic	2456
emergency under section 3302.03 of the Revised Code and shall	2457
include services provided to districts and buildings through	2458
regional service providers, such as educational service centers,	2459
~~regional professional development centers, and special education~~	2460
~~regional resource centers~~.	2461

(B) ~~When~~This division does not apply to any school district	2462
after June 30, 2008.	2463

When a school district has been notified by the department	2464
pursuant to division (A) of section 3302.03 of the Revised Code	2465
that the district or a building within the district has failed to	2466
make adequate yearly progress for two consecutive school years,	2467
the district shall develop a three-year continuous improvement	2468
plan for the district or building containing each of the	2469
following:	2470

(1) An analysis of the reasons for the failure of the	2471
district or building to meet any of the applicable performance	2472
indicators established under section 3302.02 of the Revised Code	2473
that it did not meet and an analysis of the reasons for its	2474
failure to make adequate yearly progress;	2475

(2) Specific strategies that the district or building will	2476
use to address the problems in academic achievement identified in	2477
division (B)(1) of this section;	2478

(3) Identification of the resources that the district will	2479
allocate toward improving the academic achievement of the district	2480
or building;	2481

(4) A description of any progress that the district or	2482
building made in the preceding year toward improving its academic	2483
achievement;	2484

(5) An analysis of how the district is utilizing the	2485
professional development standards adopted by the state board	2486
pursuant to section 3319.61 of the Revised Code;	2487

(6) Strategies that the district or building will use to	2488
improve the cultural competency, as defined pursuant to section	2489
3319.61 of the Revised Code, of teachers and other educators.	2490

No three-year continuous improvement plan shall be developed	2491
or adopted pursuant to this division unless at least one public	2492
hearing is held within the affected school district or building	2493
concerning the final draft of the plan. Notice of the hearing	2494
shall be given two weeks prior to the hearing by publication in	2495
one newspaper of general circulation within the territory of the	2496
affected school district or building. Copies of the plan shall be	2497
made available to the public.	2498

(C) When a school district or building has been notified by	2499
the department pursuant to division (A) of section 3302.03 of the	2500
Revised Code that the district or building is under an academic	2501
watch or in a state of academic emergency, the district or	2502
building shall be subject to any rules establishing intervention	2503
in academic watch or emergency school districts or buildings.	2504

(D)(1) Within one hundred twenty days after any school	2505
district or building is declared to be in a state of academic	2506
emergency under section 3302.03 of the Revised Code, the	2507
department may initiate a site evaluation of the building or	2508
school district.	2509

(2) IfDivision (D)(2) of this section does not apply to any	2510
school district after June 30, 2008.	2511

If any school district that is declared to be in a state of	2512
academic emergency or in a state of academic watch under section	2513
3302.03 of the Revised Code or encompasses a building that is	2514
declared to be in a state of academic emergency or in a state of	2515
academic watch fails to demonstrate to the department satisfactory	2516
improvement of the district or applicable buildings or fails to	2517
submit to the department any information required under rules	2518
established by the state board of education, prior to approving a	2519
three-year continuous improvement plan under rules established by	2520
the state board of education, the department shall conduct a site	2521
evaluation of the school district or applicable buildings to	2522
determine whether the school district is in compliance with	2523
minimum standards established by law or rule.	2524

(3) Site evaluations conducted under divisions (D)(1) and (2)	2525
of this section shall include, but not be limited to, the	2526
following:	2527

(a) Determining whether teachers are assigned to subject	2528
areas for which they are licensed or certified;	2529

(b) Determining pupil-teacher ratios;

2530

(c) Examination of compliance with minimum instruction time	2531
requirements for each school day and for each school year;	2532

(d) Determining whether materials and equipment necessary to	2533
implement the curriculum approved by the school district board are	2534
available;	2535

(e) Examination of whether the teacher and principal	2536
evaluation system reflects the evaluation system guidelines	2537
adopted by the state board of education under section 3319.112 of	2538
the Revised Code;	2539

(f) Examination of the adequacy of efforts to improve the	2540
cultural competency, as defined pursuant to section 3319.61 of the	2541
Revised Code, of teachers and other educators.	2542

(E) This division applies only to school districts that	2543
operate a school building that fails to make adequate yearly	2544
progress for two or more consecutive school years. It does not	2545
apply to any such district after June 30, 2008, except as provided	2546
in division (D)(2) of section 3313.97 of the Revised Code.	2547

(1) For any school building that fails to make adequate	2548
yearly progress for two consecutive school years, the district	2549
shall do all of the following:	2550

(a) Provide written notification of the academic issues that	2551
resulted in the building's failure to make adequate yearly	2552
progress to the parent or guardian of each student enrolled in the	2553
building. The notification shall also describe the actions being	2554
taken by the district or building to improve the academic	2555
performance of the building and any progress achieved toward that	2556
goal in the immediately preceding school year.	2557

(b) If the building receives funds under Title 1, Part A of	2558
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2559
6311 to 6339, from the district, in accordance with section	2560
3313.97 of the Revised Code, offer all students enrolled in the	2561
building the opportunity to enroll in an alternative building	2562
within the district that is not in school improvement status as	2563
defined by the "No Child Left Behind Act of 2001." Notwithstanding	2564
Chapter 3327. of the Revised Code, the district shall spend an	2565
amount equal to twenty per cent of the funds it receives under	2566
Title I, Part A of the "Elementary and Secondary Education Act of	2567
1965," 20 U.S.C. 6311 to 6339, to provide transportation for	2568
students who enroll in alternative buildings under this division,	2569
unless the district can satisfy all demand for transportation with	2570
a lesser amount. If an amount equal to twenty per cent of the	2571
funds the district receives under Title I, Part A of the	2572
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	2573
to 6339, is insufficient to satisfy all demand for transportation,	2574
the district shall grant priority over all other students to the	2575
lowest achieving students among the subgroup described in division	2576
(B)(3) of section 3302.01 of the Revised Code in providing	2577
transportation. Any district that does not receive funds under	2578
Title I, Part A of the "Elementary and Secondary Education Act of	2579
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide	2580
transportation to any student who enrolls in an alternative	2581
building under this division.	2582

(2) For any school building that fails to make adequate	2583
yearly progress for three consecutive school years, the district	2584
shall do both of the following:	2585

(a) 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, provide 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 provide	2593
transportation for students who enroll in alternative buildings	2594
under this division to the extent required under division (E)(2)	2595
of this section.	2596

(b) If the building receives funds under Title 1, Part A of	2597
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2598
6311 to 6339, from the district, offer supplemental educational	2599
services to students who are enrolled in the building and who are	2600
in the subgroup described in division (B)(3) of section 3302.01 of	2601
the Revised Code.	2602

The district shall spend a combined total of an amount equal	2603
to twenty per cent of the funds it receives under Title I, Part A	2604
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2605
6311 to 6339, to provide transportation for students who enroll in	2606
alternative buildings under division (E)(1)(b) or (E)(2)(a) of	2607
this section and to pay the costs of the supplemental educational	2608
services provided to students under division (E)(2)(b) of this	2609
section, unless the district can satisfy all demand for	2610
transportation and pay the costs of supplemental educational	2611
services for those students who request them with a lesser amount.	2612
In allocating funds between the requirements of divisions	2613
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district	2614
shall spend at least an amount equal to five per cent of the funds	2615
it receives under Title I, Part A of the "Elementary and Secondary	2616
Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide	2617
transportation for students who enroll in alternative buildings	2618
under division (E)(1)(b) or (E)(2)(a) of this section, unless the	2619
district can satisfy all demand for transportation with a lesser	2620
amount, and at least an amount equal to five per cent of the funds	2621
it receives under Title I, Part A of the "Elementary and Secondary	2622
Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs	2623
of the supplemental educational services provided to students	2624
under division (E)(2)(b) of this section, unless the district can	2625
pay the costs of such services for all students requesting them	2626
with a lesser amount. If an amount equal to twenty per cent of the	2627
funds the district receives under Title I, Part A of the	2628
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	2629
to 6339, is insufficient to satisfy all demand for transportation	2630
under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay	2631
the costs of all of the supplemental educational services provided	2632
to students under division (E)(2)(b) of this section, the district	2633
shall grant priority over all other students in providing	2634
transportation and in paying the costs of supplemental educational	2635
services to the lowest achieving students among the subgroup	2636
described in division (B)(3) of section 3302.01 of the Revised	2637
Code.	2638

Any district that does not receive funds under Title I, Part	2639
A of the "Elementary and Secondary Education Act of 1965," 20	2640
U.S.C. 6311 to 6339, shall not be required to provide	2641
transportation to any student who enrolls in an alternative	2642
building under division (E)(2)(a) of this section or to pay the	2643
costs of supplemental educational services provided to any student	2644
under division (E)(2)(b) of this section.	2645

No student who enrolls in an alternative building under	2646
division (E)(2)(a) of this section shall be eligible for	2647
supplemental educational services under division (E)(2)(b) of this	2648
section.	2649

(3) For any school building that fails to make adequate	2650
yearly progress for four consecutive school years, the district	2651
shall continue to comply with division (E)(2) of this section and	2652
shall implement at least one of the following options with respect	2653
to the building:	2654

(a) Institute a new curriculum that is consistent with the	2655
statewide academic standards adopted pursuant to division (A) of	2656
section 3301.079 of the Revised Code;	2657

(b) Decrease the degree of authority the building has to	2658
manage its internal operations;	2659

(c) Appoint an outside expert to make recommendations for	2660
improving the academic performance of the building. The district	2661
may request the department to establish a state intervention team	2662
for this purpose pursuant to division (G) of this section.	2663

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

2664

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

2665

(f) Reorganize the administrative structure of the building.

2666

(4) For any school building that fails to make adequate	2667
yearly progress for five consecutive school years, the district	2668
shall continue to comply with division (E)(2) of this section and	2669
shall develop a plan during the next succeeding school year to	2670
improve the academic performance of the building, which shall	2671
include at least one of the following options:	2672

(a) Reopen the school as a community school under Chapter	2673
3314. of the Revised Code;	2674

(b) Replace personnel;

2675

(c) Contract with a nonprofit or for-profit entity to operate	2676
the building;	2677

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

2678

(e) Other significant restructuring of the building's	2679
governance.	2680

(5) For any school building that fails to make adequate	2681
yearly progress for six consecutive school years, the district	2682
shall continue to comply with division (E)(2) of this section and	2683
shall implement the plan developed pursuant to division (E)(4) of	2684
this section.	2685

(6) A district shall continue to comply with division	2686
(E)(1)(b) or (E)(2) of this section, whichever was most recently	2687
applicable, with respect to any building formerly subject to one	2688
of those divisions until the building makes adequate yearly	2689
progress for two consecutive school years.	2690

(F) This division applies only to school districts that have	2691
been identified for improvement by the department pursuant to the	2692
"No Child Left Behind Act of 2001." It does not apply to any such	2693
district after June 30, 2008.	2694

(1) If a school district has been identified for improvement	2695
for one school year, the district shall provide a written	2696
description of the continuous improvement plan developed by the	2697
district pursuant to division (B) of this section to the parent or	2698
guardian of each student enrolled in the district. If the district	2699
does not have a continuous improvement plan, the district shall	2700
develop such a plan in accordance with division (B) of this	2701
section and provide a written description of the plan to the	2702
parent or guardian of each student enrolled in the district.	2703

(2) If a school district has been identified for improvement	2704
for two consecutive school years, the district shall continue to	2705
implement the continuous improvement plan developed by the	2706
district pursuant to division (B) or (F)(1) of this section.	2707

(3) If a school district has been identified for improvement	2708
for three consecutive school years, the department shall take at	2709
least one of the following corrective actions with respect to the	2710
district:	2711

(a) Withhold a portion of the funds the district is entitled	2712
to receive under Title I, Part A of the "Elementary and Secondary	2713
Education Act of 1965," 20 U.S.C. 6311 to 6339;	2714

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

2715

(c) Institute a new curriculum that is consistent with the	2716
statewide academic standards adopted pursuant to division (A) of	2717
section 3301.079 of the Revised Code;	2718

(d) Establish alternative forms of governance for individual	2719
school buildings within the district;	2720

(e) Appoint a trustee to manage the district in place of the	2721
district superintendent and board of education.	2722

The department shall conduct individual audits of a sampling	2723
of districts subject to this division to determine compliance with	2724
the corrective actions taken by the department.	2725

(4) If a school district has been identified for improvement	2726
for four consecutive school years, the department shall continue	2727
to monitor implementation of the corrective action taken under	2728
division (F)(3) of this section with respect to the district.	2729

(5) If a school district has been identified for improvement	2730
for five consecutive school years, the department shall take at	2731
least one of the corrective actions identified in division (F)(3)	2732
of this section with respect to the district, provided that the	2733
corrective action the department takes is different from the	2734
corrective action previously taken under division (F)(3) of this	2735
section with respect to the district.	2736

(G) The department may establish a state intervention team to	2737
evaluate all aspects of a school district or building, including	2738
management, curriculum, instructional methods, resource	2739
allocation, and scheduling. Any such intervention team shall be	2740
appointed by the department and shall include teachers and	2741
administrators recognized as outstanding in their fields. The	2742
intervention team shall make recommendations regarding methods for	2743
improving the performance of the district or building.	2744

The department shall not approve a district's request for an	2745
intervention team under division (E)(3) of this section if the	2746
department cannot adequately fund the work of the team, unless the	2747
district agrees to pay for the expenses of the team.	2748

(H) The department shall conduct individual audits of a	2749
sampling of community schools established under Chapter 3314. of	2750
the Revised Code to determine compliance with this section.	2751

(I) The state board shall adopt rules for implementing this	2752
section.	2753

Sec. 3302.041. (A) On and after July 1, 2008, in accordance	2754
with the No Child Left Behind Act of 2001, school districts and	2755
school buildings shall continue to be identified for improvement	2756
for failing to make adequate yearly progress for two or more	2757
consecutive school years.	2758

(B) Beginning July 1, 2008, each school district that has	2759
been identified for improvement, or that contains a school	2760
building that has been identified for improvement, shall	2761
implement all corrective actions required by the model of	2762
differentiated accountability developed by the Ohio department of	2763
education and approved by the United States department of	2764
education. In any school year in which a district is subject to	2765
this division, the Ohio department of education shall notify the	2766
district, prior to the district's opening date, of the corrective	2767
actions it is required to implement in that school year.	2768

Sec. 3302.10. (A) Beginning July 1, 2007, the	2769
superintendent of public instruction shall establish an academic	2770
distress commission for each school district that has been	2771
declared to be in a state of academic emergency pursuant to	2772
section 3302.03 of the Revised Code and has failed to make	2773
adequate yearly progress for four or more consecutive school	2774
years. Each commission shall assist the district for which it was	2775
established in improving the district's academic performance.	2776

Each commission is a body both corporate and politic,	2777
constituting an agency and instrumentality of the state and	2778
performing essential governmental functions of the state. A	2779
commission shall be known as the "academic distress commission for	2780
............... (name of school district)," and, in that name, may	2781
exercise all authority vested in such a commission by this	2782
section. A separate commission shall be established for each	2783
school district to which this division applies.	2784

(B) Each academic distress commission shall consist of five	2785
voting members, three of whom shall be appointed by the	2786
superintendent of public instruction and two of whom shall be	2787
residents of the applicable school district appointed by the	2788
president of the district board of education. When a school	2789
district becomes subject to this section, the superintendent of	2790
public instruction shall provide written notification of that	2791
fact to the district board of education and shall request the	2792
president of the district board to submit to the superintendent	2793
of public instruction, in writing, the names of the president's	2794
appointees to the commission. The superintendent of public	2795
instruction and the president of the district board shall make	2796
appointments to the commission within thirty days after the	2797
district is notified that it is subject to this section.	2798

Members of the commission shall serve at the pleasure of	2799
their appointing authority during the life of the commission. In	2800
the event of the death, resignation, incapacity, removal, or	2801
ineligibility to serve of a member, the appointing authority shall	2802
appoint a successor within fifteen days after the vacancy occurs.	2803
Members shall serve without compensation, but shall be paid by the	2804
commission their necessary and actual expenses incurred while	2805
engaged in the business of the commission.	2806

(C) Immediately after appointment of the initial members of	2807
an academic distress commission, the superintendent of public	2808
instruction shall call the first meeting of the commission and	2809
shall cause written notice of the time, date, and place of that	2810
meeting to be given to each member of the commission at least	2811
forty-eight hours in advance of the meeting. The first meeting	2812
shall include an overview of the commission's roles and	2813
responsibilities, the requirements of section 2921.42 and Chapter	2814
102. of the Revised Code as they pertain to commission members,	2815
the requirements of section 121.22 of the Revised Code, and the	2816
provisions of division (F) of this section. At its first meeting,	2817
the commission shall adopt temporary bylaws in accordance with	2818
division (D) of this section to govern its operations until the	2819
adoption of permanent bylaws.	2820

The superintendent of public instruction shall designate a	2821
chairperson for the commission from among the members appointed by	2822
the superintendent. The chairperson shall call and conduct	2823
meetings, set meeting agendas, and serve as a liaison between the	2824
commission and the district board of education. The chairperson	2825
also shall appoint a secretary, who shall not be a member of the	2826
commission.	2827

The department of education shall provide administrative	2828
support for the commission, provide data requested by the	2829
commission, and inform the commission of available state resources	2830
that could assist the commission in its work.	2831

(D) Each academic distress commission may adopt and alter	2832
bylaws and rules, which shall not be subject to section 111.15 or	2833
Chapter 119. of the Revised Code, for the conduct of its affairs	2834
and for the manner, subject to this section, in which its powers	2835
and functions shall be exercised and embodied.	2836

(E) Three members of an academic distress commission	2837
constitute a quorum of the commission. The affirmative vote of	2838
three members of the commission is necessary for any action taken	2839
by vote of the commission. No vacancy in the membership of the	2840
commission shall impair the rights of a quorum by such vote to	2841
exercise all the rights and perform all the duties of the	2842
commission. Members of the commission are not disqualified from	2843
voting by reason of the functions of any other office they hold	2844
and are not disqualified from exercising the functions of the	2845
other office with respect to the school district, its officers, or	2846
the commission.	2847

(F) The members of an academic distress commission, the	2848
superintendent of public instruction, and any person authorized to	2849
act on behalf of or assist them shall not be personally liable or	2850
subject to any suit, judgment, or claim for damages resulting from	2851
the exercise of or failure to exercise the powers, duties, and	2852
functions granted to them in regard to their functioning under	2853
this section, but the commission, superintendent of public	2854
instruction, and such other persons shall be subject to mandamus	2855
proceedings to compel performance of their duties under this	2856
section.	2857

(G) Each member of an academic distress commission shall file	2858
the statement described in section 102.02 of the Revised Code with	2859
the Ohio ethics commission. The statement shall be confidential,	2860
subject to review, as described in division (B) of that section.	2861

(H) Meetings of each academic distress commission shall be	2862
subject to section 121.22 of the Revised Code.	2863

(I)(1) Within one hundred twenty days after the first meeting	2864
of an academic distress commission, the commission shall adopt an	2865
academic recovery plan to improve academic performance in the	2866
school district. The plan shall address academic problems at both	2867
the district and school levels. The plan shall include the	2868
following:	2869

(a) Short-term and long-term actions to be taken to improve	2870
the district's academic performance, including any actions	2871
required by section 3302.04 or 3302.041 of the Revised Code;	2872

(b) The sequence and timing of the actions described in	2873
division (I)(1)(a) of this section and the persons responsible for	2874
implementing the actions;	2875

(c) Resources that will be applied toward improvement	2876
efforts;	2877

(d) Procedures for monitoring and evaluating improvement	2878
efforts;	2879

(e) Requirements for reporting to the commission and the	2880
district board of education on the status of improvement efforts.	2881

(2) The commission may amend the academic recovery plan	2882
subsequent to adoption. The commission shall update the plan at	2883
least annually.	2884

(3) The commission shall submit the academic recovery plan it	2885
adopts or updates to the superintendent of public instruction for	2886
approval immediately following its adoption or updating. The	2887
superintendent shall evaluate the plan and either approve or	2888
disapprove it within thirty days after its submission. If the plan	2889
is disapproved, the superintendent shall recommend modifications	2890
that will render it acceptable. No academic distress commission	2891
shall implement an academic recovery plan unless the	2892
superintendent has approved it.	2893

(4) County, state, and school district officers and employees	2894
shall assist the commission diligently and promptly in the	2895
implementation of the academic recovery plan.	2896

(J) Each academic distress commission shall seek input from	2897
the district board of education regarding ways to improve the	2898
district's academic performance, but any decision of the	2899
commission related to any authority granted to the commission	2900
under this section shall be final.	2901

The commission may do any of the following:

2902

(1) Appoint school building administrators and reassign	2903
administrative personnel;	2904

(2) Terminate the contracts of administrators or	2905
administrative personnel. The commission shall not be required to	2906
comply with section 3319.16 of the Revised Code with respect to	2907
any contract terminated under this division.	2908

(3) Contract with a private entity to perform school or	2909
district management functions;	2910

(4) Establish a budget for the district and approve district	2911
appropriations and expenditures, unless a financial planning and	2912
supervision commission has been established for the district	2913
pursuant to section 3316.05 of the Revised Code.	2914

(K) If the board of education of a district for which an	2915
academic distress commission has been established under this	2916
section renews any collective bargaining agreement under Chapter	2917
4117. of the Revised Code during the existence of the commission,	2918
the district board shall not enter into any agreement that would	2919
render any decision of the commission unenforceable. Section	2920
3302.08 of the Revised Code does not apply to this division.	2921

Notwithstanding any provision to the contrary in Chapter	2922
4117. of the Revised Code, if the board of education has entered	2923
into a collective bargaining agreement after September 29, 2005,	2924
that contains stipulations relinquishing one or more of the	2925
rights or responsibilities listed in division (C) of section	2926
4117.08 of the Revised Code, those stipulations are not	2927
enforceable and the district board shall resume holding those	2928
rights or responsibilities as if it had not relinquished them in	2929
that agreement until such time as both the academic distress	2930
commission ceases to exist and the district board agrees to	2931
relinquish those rights or responsibilities in a new collective	2932
bargaining agreement. The provisions of this paragraph apply to a	2933
collective bargaining agreement entered into after September 29,	2934
2005, and those provisions are deemed to be part of that	2935
agreement regardless of whether the district satisfied the	2936
conditions prescribed in division (A) of this section at the time	2937
the district entered into that agreement.	2938

(L) An academic distress commission shall cease to exist	2939
when the district for which it was established receives a	2940
performance rating under section 3302.03 of the Revised Code of in	2941
need of continuous improvement or better for two of the three	2942
prior school years; however, the superintendent of public	2943
instruction may dissolve the commission earlier if the	2944
superintendent determines that the district can perform adequately	2945
without the supervision of the commission. Upon termination of the	2946
commission, the department of education shall compile a final	2947
report of the commission's activities to assist other academic	2948
distress commissions in the conduct of their functions.	2949

Sec. 3313.97. Notwithstanding division (D) of section	2950
3311.19 and division (D) of section 3311.52 of the Revised Code,	2951
this section does not apply to any joint vocational or cooperative	2952
education school district.	2953

(A) As used in this section:

2954

(1) "Parent" has the same meaning as in section 3313.64 of	2955
the Revised Code.	2956

(2) "Alternative school" means a school building other than	2957
the one to which a student is assigned by the district	2958
superintendent.	2959

(3) "IEP" has the same meaning as in section 3323.01 of the	2960
Revised Code.	2961

(B) The board of education of each city, local, and exempted	2962
village school district shall adopt an open enrollment policy	2963
allowing students entitled to attend school in the district	2964
pursuant to section 3313.64 or 3313.65 of the Revised Code to	2965
enroll in an alternative school. Each policy shall provide for the	2966
following:	2967

(1) Application procedures, including deadlines for	2968
application and for notification of students and principals of	2969
alternative schools whenever a student's application is accepted.	2970
The policy shall require a student to apply only if the student	2971
wishes to attend an alternative school.	2972

(2) The establishment of district capacity limits by grade	2973
level, school building, and education program;	2974

(3) A requirement that students enrolled in a school building	2975
or living in any attendance area of the school building	2976
established by the superintendent or board be given preference	2977
over applicants;	2978

(4) Procedures to ensure that an appropriate racial balance	2979
is maintained in the district schools.	2980

(C) Except as provided in section 3313.982 of the Revised	2981
Code, the procedures for admitting applicants to alternative	2982
schools shall not include:	2983

(1) Any requirement of academic ability, or any level of	2984
athletic, artistic, or other extracurricular skills;	2985

(2) Limitations on admitting applicants because of disabling	2986
conditions, except that a board may require a student receiving	2987
services under Chapter 3323. of the Revised Code to attend school	2988
where the services described in the student's IEP are available;	2989

(3) A requirement that the student be proficient in the	2990
English language;	2991

(4) Rejection of any applicant because the student has been	2992
subject to disciplinary proceedings, except that if an applicant	2993
has been suspended or expelled for ten consecutive days or more in	2994
the term for which admission is sought or in the term immediately	2995
preceding the term for which admission is sought, the procedures	2996
may include a provision denying admission of such applicant to an	2997
alternative school.	2998

(D)(1) Notwithstanding Chapter 3327. of the Revised Code, and	2999
except as provided in division (D)(2) of this section, a district	3000
board is not required to provide transportation to a nondisabled	3001
student enrolled in an alternative school unless such student can	3002
be picked up and dropped off at a regular school bus stop	3003
designated in accordance with the board's transportation policy	3004
or unless the board is required to provide additional	3005
transportation to the student in accordance with a court-approved	3006
desegregation plan.	3007

(2) A district board shall provide transportation to any	3008
student ~~enrolled in an alternative school pursuant~~described in 20	3009
U.S.C. 6316(b)(1)(F) to the extent required by division (E) of	3010
section 3302.04 of the Revised Code ~~to the extent required by~~	3011
~~that division~~, except that no district board shall be required to	3012
provide transportation to any such student ~~enrolled in an~~	3013
~~alternative school pursuant to division (E) of section 3302.04 of~~	3014
~~the Revised Code~~ after ~~the date~~ the school in which the student	3015
was enrolled immediately prior to enrolling in the alternative	3016
school ~~ceases to be subject to that division~~makes adequate	3017
yearly progress, as defined in section 3302.01 of the Revised	3018
Code, for two consecutive school years.	3019

(E) Each school board shall provide information about the	3020
policy adopted under this section and the application procedures	3021
and deadlines to the parent of each student in the district and to	3022
the general public.	3023

(F) The state board of education shall monitor school	3024
districts to ensure compliance with this section and the	3025
districts' policies.	3026

Sec. 3314.03. A copy of every contract entered into under	3027
this section shall be filed with the superintendent of public	3028
instruction.	3029

(A) Each contract entered into between a sponsor and the	3030
governing authority of a community school shall specify the	3031
following:	3032

(1) That the school shall be established as either of the	3033
following:	3034

(a) A nonprofit corporation established under Chapter 1702.	3035
of the Revised Code, if established prior to April 8, 2003;	3036

(b) A public benefit corporation established under Chapter	3037
1702. of the Revised Code, if established after April 8, 2003;	3038

(2) The education program of the school, including the	3039
school's mission, the characteristics of the students the school	3040
is expected to attract, the ages and grades of students, and the	3041
focus of the curriculum;	3042

(3) The academic goals to be achieved and the method of	3043
measurement that will be used to determine progress toward those	3044
goals, which shall include the statewide achievement tests;	3045

(4) Performance standards by which the success of the school	3046
will be evaluated by the sponsor;	3047

(5) The admission standards of section 3314.06 of the Revised	3048
Code and, if applicable, section 3314.061 of the Revised Code;	3049

(6)(a) Dismissal procedures;

3050

(b) A requirement that the governing authority adopt an	3051
attendance policy that includes a procedure for automatically	3052
withdrawing a student from the school if the student without a	3053
legitimate excuse fails to participate in one hundred five	3054
consecutive hours of the learning opportunities offered to the	3055
student.	3056

(7) The ways by which the school will achieve racial and	3057
ethnic balance reflective of the community it serves;	3058

(8) Requirements for financial audits by the auditor of	3059
state. The contract shall require financial records of the school	3060
to be maintained in the same manner as are financial records of	3061
school districts, pursuant to rules of the auditor of state, and	3062
the audits shall be conducted in accordance with section 117.10 of	3063
the Revised Code.	3064

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

3065

(10) Qualifications of teachers, including a requirement that	3066
the school's classroom teachers be licensed in accordance with	3067
sections 3319.22 to 3319.31 of the Revised Code, except that a	3068
community school may engage noncertificated persons to teach up to	3069
twelve hours per week pursuant to section 3319.301 of the Revised	3070
Code;	3071

(11) That the school will comply with the following	3072
requirements:	3073

(a) The school will provide learning opportunities to a	3074
minimum of twenty-five students for a minimum of nine hundred	3075
twenty hours per school year.	3076

(b) The governing authority will purchase liability	3077
insurance, or otherwise provide for the potential liability of the	3078
school.	3079

(c) The school will be nonsectarian in its programs,	3080
admission policies, employment practices, and all other	3081
operations, and will not be operated by a sectarian school or	3082
religious institution.	3083

(d) The school will comply with sections 9.90, 9.91, 109.65,	3084
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	3085
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	3086
3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66,	3087
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671,	3088
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80,	3089
3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 3321.01, 3321.13,	3090
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	3091
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,	3092
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if	3093
it were a school district and will comply with section 3301.0714	3094
of the Revised Code in the manner specified in section 3314.17 of	3095
the Revised Code.	3096

(e) The school shall comply with Chapter 102. and section	3097
2921.42 of the Revised Code.	3098

(f) The school will comply with sections 3313.61, 3313.611,	3099
and 3313.614 of the Revised Code, except that for students who	3100
enter ninth grade for the first time before July 1, 2010, the	3101
requirement in sections 3313.61 and 3313.611 of the Revised Code	3102
that a person must successfully complete the curriculum in any	3103
high school prior to receiving a high school diploma may be met by	3104
completing the curriculum adopted by the governing authority of	3105
the community school rather than the curriculum specified in Title	3106
XXXIII of the Revised Code or any rules of the state board of	3107
education. Beginning with students who enter ninth grade for the	3108
first time on or after July 1, 2010, the requirement in sections	3109
3313.61 and 3313.611 of the Revised Code that a person must	3110
successfully complete the curriculum of a high school prior to	3111
receiving a high school diploma shall be met by completing the	3112
Ohio core curriculum prescribed in division (C) of section	3113
3313.603 of the Revised Code, unless the person qualifies under	3114
division (D) or (F) of that section. Each school shall comply with	3115
the plan for awarding high school credit based on demonstration of	3116
subject area competency, adopted by the state board of education	3117
under division (J) of section 3313.603 of the Revised Code.	3118

(g) The school governing authority will submit within four	3119
months after the end of each school year a report of its	3120
activities and progress in meeting the goals and standards of	3121
divisions (A)(3) and (4) of this section and its financial status	3122
to the sponsor and the parents of all students enrolled in the	3123
school.	3124

(h) The school, unless it is an internet- or computer-based	3125
community school, will comply with section 3313.801 of the Revised	3126
Code as if it were a school district.	3127

(12) Arrangements for providing health and other benefits to	3128
employees;	3129

(13) The length of the contract, which shall begin at the	3130
beginning of an academic year. No contract shall exceed five years	3131
unless such contract has been renewed pursuant to division (E) of	3132
this section.	3133

(14) The governing authority of the school, which shall be	3134
responsible for carrying out the provisions of the contract;	3135

(15) A financial plan detailing an estimated school budget	3136
for each year of the period of the contract and specifying the	3137
total estimated per pupil expenditure amount for each such year.	3138
The plan shall specify for each year the base formula amount that	3139
will be used for purposes of funding calculations under section	3140
3314.08 of the Revised Code. This base formula amount for any year	3141
shall not exceed the formula amount defined under section 3317.02	3142
of the Revised Code. The plan may also specify for any year a	3143
percentage figure to be used for reducing the per pupil amount of	3144
the subsidy calculated pursuant to section 3317.029 of the Revised	3145
Code the school is to receive that year under section 3314.08 of	3146
the Revised Code.	3147

(16) Requirements and procedures regarding the disposition of	3148
employees of the school in the event the contract is terminated or	3149
not renewed pursuant to section 3314.07 of the Revised Code;	3150

(17) Whether the school is to be created by converting all or	3151
part of an existing public school or educational service center	3152
building or is to be a new start-up school, and if it is a	3153
converted public school or service center building, specification	3154
of any duties or responsibilities of an employer that the board of	3155
education or service center governing board that operated the	3156
school or building before conversion is delegating to the	3157
governing authority of the community school with respect to all	3158
or any specified group of employees provided the delegation is	3159
not prohibited by a collective bargaining agreement applicable to	3160
such employees;	3161

(18) Provisions establishing procedures for resolving	3162
disputes or differences of opinion between the sponsor and the	3163
governing authority of the community school;	3164

(19) A provision requiring the governing authority to adopt a	3165
policy regarding the admission of students who reside outside the	3166
district in which the school is located. That policy shall comply	3167
with the admissions procedures specified in sections 3314.06 and	3168
3314.061 of the Revised Code and, at the sole discretion of the	3169
authority, shall do one of the following:	3170

(a) Prohibit the enrollment of students who reside outside	3171
the district in which the school is located;	3172

(b) Permit the enrollment of students who reside in districts	3173
adjacent to the district in which the school is located;	3174

(c) Permit the enrollment of students who reside in any other	3175
district in the state.	3176

(20) A provision recognizing the authority of the department	3177
of education to take over the sponsorship of the school in	3178
accordance with the provisions of division (C) of section 3314.015	3179
of the Revised Code;	3180

(21) A provision recognizing the sponsor's authority to	3181
assume the operation of a school under the conditions specified in	3182
division (B) of section 3314.073 of the Revised Code;	3183

(22) A provision recognizing both of the following:

3184

(a) The authority of public health and safety officials to	3185
inspect the facilities of the school and to order the facilities	3186
closed if those officials find that the facilities are not in	3187
compliance with health and safety laws and regulations;	3188

(b) The authority of the department of education as the	3189
community school oversight body to suspend the operation of the	3190
school under section 3314.072 of the Revised Code if the	3191
department has evidence of conditions or violations of law at the	3192
school that pose an imminent danger to the health and safety of	3193
the school's students and employees and the sponsor refuses to	3194
take such action;	3195

(23) A description of the learning opportunities that will be	3196
offered to students including both classroom-based and	3197
non-classroom-based learning opportunities that is in compliance	3198
with criteria for student participation established by the	3199
department under division (L)(2) of section 3314.08 of the Revised	3200
Code;	3201

(24) The school will comply with ~~section~~sections 3302.04 and	3202
3302.041 of the Revised Code, ~~including division (E) of that~~	3203
~~section to the extent possible,~~ except that any action required	3204
to be taken by a school district pursuant to ~~that section~~those	3205
sections shall be taken by the sponsor of the school. However,	3206
the sponsor shall not be required to take any action described in	3207
division (F) of ~~that~~ section 3302.04 of the Revised Code.	3208

(25) Beginning in the 2006-2007 school year, the school will	3209
open for operation not later than the thirtieth day of September	3210
each school year, unless the mission of the school as specified	3211
under division (A)(2) of this section is solely to serve dropouts.	3212
In its initial year of operation, if the school fails to open by	3213
the thirtieth day of September, or within one year after the	3214
adoption of the contract pursuant to division (D) of section	3215
3314.02 of the Revised Code if the mission of the school is solely	3216
to serve dropouts, the contract shall be void.	3217

(B) The community school shall also submit to the sponsor a	3218
comprehensive plan for the school. The plan shall specify the	3219
following:	3220

(1) The process by which the governing authority of the	3221
school will be selected in the future;	3222

(2) The management and administration of the school;

3223

(3) If the community school is a currently existing public	3224
school or educational service center building, alternative	3225
arrangements for current public school students who choose not to	3226
attend the converted school and for teachers who choose not to	3227
teach in the school or building after conversion;	3228

(4) The instructional program and educational philosophy of	3229
the school;	3230

(5) Internal financial controls.

3231

(C) A contract entered into under section 3314.02 of the	3232
Revised Code between a sponsor and the governing authority of a	3233
community school may provide for the community school governing	3234
authority to make payments to the sponsor, which is hereby	3235
authorized to receive such payments as set forth in the contract	3236
between the governing authority and the sponsor. The total amount	3237
of such payments for oversight and monitoring of the school shall	3238
not exceed three per cent of the total amount of payments for	3239
operating expenses that the school receives from the state.	3240

(D) The contract shall specify the duties of the sponsor	3241
which shall be in accordance with the written agreement entered	3242
into with the department of education under division (B) of	3243
section 3314.015 of the Revised Code and shall include the	3244
following:	3245

(1) Monitor the community school's compliance with all laws	3246
applicable to the school and with the terms of the contract;	3247

(2) Monitor and evaluate the academic and fiscal performance	3248
and the organization and operation of the community school on at	3249
least an annual basis;	3250

(3) Report on an annual basis the results of the evaluation	3251
conducted under division (D)(2) of this section to the department	3252
of education and to the parents of students enrolled in the	3253
community school;	3254

(4) Provide technical assistance to the community school in	3255
complying with laws applicable to the school and terms of the	3256
contract;	3257

(5) Take steps to intervene in the school's operation to	3258
correct problems in the school's overall performance, declare the	3259
school to be on probationary status pursuant to section 3314.073	3260
of the Revised Code, suspend the operation of the school pursuant	3261
to section 3314.072 of the Revised Code, or terminate the contract	3262
of the school pursuant to section 3314.07 of the Revised Code as	3263
determined necessary by the sponsor;	3264

(6) Have in place a plan of action to be undertaken in the	3265
event the community school experiences financial difficulties or	3266
closes prior to the end of a school year.	3267

(E) Upon the expiration of a contract entered into under this	3268
section, the sponsor of a community school may, with the approval	3269
of the governing authority of the school, renew that contract for	3270
a period of time determined by the sponsor, but not ending earlier	3271
than the end of any school year, if the sponsor finds that the	3272
school's compliance with applicable laws and terms of the contract	3273
and the school's progress in meeting the academic goals prescribed	3274
in the contract have been satisfactory. Any contract that is	3275
renewed under this division remains subject to the provisions of	3276
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	3277

(F) If a community school fails to open for operation within	3278
one year after the contract entered into under this section is	3279
adopted pursuant to division (D) of section 3314.02 of the Revised	3280
Code or permanently closes prior to the expiration of the	3281
contract, the contract shall be void and the school shall not	3282
enter into a contract with any other sponsor. A school shall not	3283
be considered permanently closed because the operations of the	3284
school have been suspended pursuant to section 3314.072 of the	3285
Revised Code. Any contract that becomes void under this division	3286
shall not count toward any statewide limit on the number of such	3287
contracts prescribed by section 3314.013 of the Revised Code.	3288

Sec. 3326.17. (A) The department of education shall issue an	3289
annual report card for each science, technology, engineering, and	3290
mathematics school that includes all information applicable to	3291
school buildings under section 3302.03 of the Revised Code.	3292

(B) For each student enrolled in a STEM school, the	3293
department shall combine data regarding the academic performance	3294
of that student with comparable data from the school district in	3295
which the student is entitled to attend school pursuant to section	3296
3313.64 or 3313.65 of the Revised Code for the purpose of	3297
calculating the performance of the district as a whole on the	3298
report card issued for the district under section 3302.03 of the	3299
Revised Code.	3300

(C) Each STEM school and its governing body shall comply with	3301
~~section~~sections 3302.04 and 3302.041 of the Revised Code,	3302
~~including division (E) of that section to the extent possible,~~	3303
except that any action required to be taken by a school district	3304
pursuant to ~~that section~~those sections shall be taken by the	3305
school. However, the school shall not be required to take any	3306
action described in division (F) of ~~that~~ section 3302.04 of the	3307
Revised Code.	3308

Sec. 3333.375. (A)(1) There are hereby created the Ohio	3309
outstanding scholarship and the Ohio priority needs fellowship	3310
programs payment funds, which shall be in the custody of the	3311
treasurer of state, but shall not be a part of the state treasury.	3312

(2) The payment funds shall consist solely of all moneys	3313
returned to the treasurer of state, as issuer of certain	3314
tax-exempt student loan revenue bonds, from all indentures of	3315
trust, both presently existing and future, created as a result of	3316
tax-exempt student loan revenue bonds issued under Chapter 3366.	3317
of the Revised Code, and any moneys earned from allowable	3318
investments of the payment funds under division (B) of this	3319
section.	3320

(3) ~~The~~Except as provided in division (E) of this section,	3321
the payment funds shall be used solely for scholarship and	3322
fellowships awarded under sections 3333.37 to 3333.375 of the	3323
Revised Code by the chancellor of the Ohio board of regents and	3324
for any necessary administrative expenses incurred by the	3325
chancellor in administering the scholarship and fellowship	3326
programs.	3327

(B) The treasurer of state may invest any moneys in the	3328
payment funds not currently needed for scholarship and fellowship	3329
payments in any kind of investments in which moneys of the public	3330
employees retirement system may be invested under Chapter 145. of	3331
the Revised Code.	3332

(C)(1) The instruments of title of all investments shall be	3333
delivered to the treasurer of state or to a qualified trustee	3334
designated by the treasurer of state as provided in section 135.18	3335
of the Revised Code.	3336

(2) The treasurer of state shall collect both principal and	3337
investment earnings on all investments as they become due and pay	3338
them into the payment funds.	3339

(3) All deposits to the payment funds shall be made in public	3340
depositories of this state and secured as provided in section	3341
135.18 of the Revised Code.	3342

(D) On or before March 1, 2001, and on or before the first	3343
day of March in each subsequent year, the treasurer of state shall	3344
provide to the chancellor of the Ohio board of regents a statement	3345
indicating the moneys in the Ohio outstanding scholarship and the	3346
Ohio priority needs fellowship programs payment funds that are	3347
available for the upcoming academic year to award scholarships and	3348
fellowships under sections 3333.37 to 3333.375 of the Revised	3349
Code.	3350

(E) The chancellor may use funds the treasurer has indicated	3351
as available pursuant to division (D) of this section to support	3352
distribution of state need-based financial aid in accordance with	3353
sections 3333.12 and 3333.122 of the Revised Code.	3354

Sec. 3375.481. (A) There is hereby created a statewide	3355
consortium of county law library resources boards. The statewide	3356
consortium shall be comprised of the county law library resources	3357
board of each county.	3358

(B) The statewide consortium board shall consist of five	3359
voting members, one of whom shall be the librarian of the supreme	3360
court of Ohio, or, if the librarian of the supreme court is	3361
unavailable, the chief justice's designee, and the other four	3362
members shall be appointed as follows:	3363

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

3364

(2) The county commissioners association of Ohio shall	3365
appoint two members, one of whom shall be the chief administrator	3366
of a county law library resources board.	3367

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

3368

(C) Initial appointments to the statewide consortium board	3369
shall be made on or before July 1, 2010. Of the initial	3370
appointments, the initial term of the member appointed by the	3371
county commissioners association who is not the chief	3372
administrator of a county library resources board and the member	3373
appointed by the Ohio judicial conference shall be for a term	3374
ending December 31, 2014. The initial term of the member	3375
appointed by the Ohio state bar association and the member	3376
appointed by the county commissioners association who is the	3377
chief administrator of a county law library resources board shall	3378
be for a term ending December 31, 2016. Thereafter, terms for	3379
all members shall be for five years, with each term ending on	3380
the same day of the same month as did the term that it	3381
succeeds.	3382

Each member appointed pursuant to division (B) of this	3383
section shall hold office from the date of the member's	3384
appointment until the end of the term for which the member was	3385
appointed. Vacancies shall be filled within sixty days after the	3386
vacancy occurs and shall be filled in the manner provided for	3387
original appointments. Any member appointed to fill a vacancy	3388
occurring prior to the expiration date of the term for which the	3389
member's predecessor was appointed shall hold office as a member	3390
for the remainder of that term. A member shall continue in office	3391
subsequent to the expiration date of the member's term until the	3392
member's successor takes office or until a period of sixty days	3393
has elapsed, whichever occurs first.	3394

(D) The statewide consortium board shall do all of the	3395
following for the benefit of the members of the statewide	3396
consortium:	3397

(1) Negotiate contracts that each county law library	3398
resources board may use for purchasing or obtaining access to	3399
legal research and reference materials available in any medium;	3400

(2) Catalogue existing resources held by county law library	3401
resources boards and facilitate the sharing of those resources by	3402
the county law library resources boards;	3403

(3) Develop and recommend guidelines for the collection of or	3404
access to legal resources that ought to be provided by a county	3405
law library resources board;	3406

(4) Provide consultation and assistance to county law library	3407
resources boards;	3408

(5) Issue an annual report of its activities to each county	3409
law library resources board.	3410

(E)(1) There is hereby created in the state treasury the	3411
statewide consortium of county law library resources boards fund.	3412
Commencing in calendar year 2011, each county treasurer shall	3413
deposit on or before the fifteenth day of February of each	3414
calendar year two per cent of the funds deposited pursuant to	3415
section 307.515 of the Revised Code into the county law	3416
library resources fund of the treasurer's county, established	3417
under section 307.514 of the Revised Code, from the	3418
immediately preceding calendar year into the statewide	3419
consortium of county law library resources boards fund. The	3420
statewide consortium board may recommend in writing and submit	3421
to each county law library resources board an increase or	3422
decrease in the percentage of funds that must be deposited	3423
into the statewide consortium fund by county treasurers	3424
pursuant to the division. Upon the receipt of written approval	3425
of the recommendation from a majority of the county law library	3426
resources boards, the recommendation shall become effective on	3427
January 1 of the succeeding year. The statewide consortium	3428
board of the county law library resources boards shall make any	3429
recommendations not later than the first day of April for the	3430
proceeding fiscal year, and any action by a county law library	3431
resources board on the recommendation shall be certified to the	3432
statewide consortium board not later than the first day of	3433
June of that year.	3434

(2) The statewide consortium board may use the money	3435
deposited in the fund for the operation of the statewide	3436
consortium board and may provide grants to county law library	3437
resources boards.	3438

(F) The statewide consortium board may create an advisory	3439
council that is comprised of persons with expertise in the	3440
operation and funding of law libraries.	3441

(G) The statewide consortium board shall determine the	3442
necessary qualifications of staff and the facilities and	3443
equipment necessary for the operation of the statewide	3444
consortium.	3445

(H) The statewide consortium board shall elect a chairperson	3446
from its membership. The statewide consortium board shall meet at	3447
least four times per year and shall keep a record of its	3448
proceedings. The record of its proceedings shall be open to the	3449
public for inspection. The chairperson or the chairperson's	3450
designee shall send a written notice of the time and place of	3451
each meeting to each member. A majority of the members of the	3452
statewide consortium board shall constitute a quorum.	3453

Sec. 3375.49. (A) ~~Subject to divisions (B) and (D) of this~~	3454
~~section, for~~For the use of the law library referred to in section	3455
3375.48 of the Revised Code as repealed by this act, the board of	3456
county commissioners shall provide space in the county courthouse	3457
or in any other building located in the county seat, and	3458
utilities for that space.	3459

(B)~~(1) Subject to divisions (C) and (D) of this section,~~	3460
~~through~~During calendar year ~~2006~~2009, the board of county	3461
commissioners shall be responsible for paying the compensation of	3462
the librarian and up to two assistant librarians of the law	3463
library appointed by the board of trustees of the law library	3464
association under section 3375.48 of the Revised Code as repealed	3465
by this act and the costs of the space in the county courthouse	3466
or other building that the board provides for the use of the law	3467
library under division (A) of this section,and the utilities	3468
for that space~~, and furniture and fixtures for the law library~~.	3469

~~(2)(a) In calendar years 2007 through 2010, the board of~~	3470
~~county commissioners and the board of trustees shall be~~	3471
~~responsible for paying the compensation of the librarian and up to~~	3472
~~two assistant librarians appointed under section 3375.48 of the~~	3473
~~Revised Code as follows:~~	3474

~~(i) In calendar year 2007, the board of county commissioners~~	3475
~~shall pay eighty per cent, and the board of trustees shall pay~~	3476
~~twenty per cent.~~	3477

~~(ii) In calendar year 2008, the board of county commissioners~~	3478
~~shall pay sixty per cent, and the board of trustees shall pay~~	3479
~~forty per cent.~~	3480

~~(iii) In calendar year 2009, the board of county~~	3481
~~commissioners shall pay forty per cent, and the board of trustees~~	3482
~~shall pay sixty per cent.~~	3483

~~(iv) In calendar year 2010, the board of county commissioners~~	3484
~~shall pay twenty per cent, and the board of trustees shall pay~~	3485
~~eighty per cent.~~	3486

~~(b) In calendar years 2008 through 2011, the board of county~~	3487
~~commissioners and the board of trustees shall be responsible for~~	3488
~~the costs of the space in the county courthouse or other building~~	3489
~~that the board of county commissioners provides for the use of the~~	3490
~~law library under division (A) of this section, the utilities for~~	3491
~~that space, and furniture and fixtures for the law library as~~	3492
~~follows:~~	3493

~~(i) In calendar year 2008, the board of county commissioners~~	3494
~~shall pay eighty per cent, and the board of trustees shall pay~~	3495
~~twenty per cent.~~	3496

~~(ii) In calendar year 2009, the board of county commissioners~~	3497
~~shall pay sixty per cent, and the board of trustees shall pay~~	3498
~~forty per cent.~~	3499

~~(iii) In calendar year 2010, the board of county~~	3500
~~commissioners shall pay forty per cent, and the board of trustees~~	3501
~~shall pay sixty per cent.~~	3502

~~(iv) In calendar year 2011, the board of county commissioners~~	3503
~~shall pay twenty per cent, and the board of trustees shall pay~~	3504
~~eighty per cent.~~	3505

~~(3)(a) Beginning in calendar year 2011 and thereafter, the~~	3506
~~board of trustees shall be responsible for paying the compensation~~	3507
~~of the librarian and all assistant librarians appointed under~~	3508
~~section 3375.48 of the Revised Code.~~	3509

~~(b) Beginning in calendar year 2012 and thereafter, the board~~	3510
~~of trustees shall be responsible for the costs of the space in the~~	3511
~~county courthouse or other building that the board of county~~	3512
~~commissioners provides for the use of the law library under~~	3513
~~division (A) of this section, the utilities for that space, and~~	3514
~~the law library's furniture and fixtures.~~	3515

~~(C) At any time prior to calendar year 2011, the board of~~	3516
~~trustees of a law library association referred to in section~~	3517
~~3375.48 of the Revised Code may elect to assume responsibility for~~	3518
~~paying the entire compensation of the librarian and all assistant~~	3519
~~librarians of the law library appointed under section 3375.48 of~~	3520
~~the Revised Code. If the board of trustees elects to assume that~~	3521
~~responsibility, the board of county commissioners of the county in~~	3522
~~which the association is located has no further obligation under~~	3523
~~division (B) of this section to make payments for the compensation~~	3524
~~of the law librarian and up to two assistant librarians.~~	3525

~~(D)(1) Except as otherwise provided in division (D)(2) of~~	3526
~~this section, if the board of trustees of a law library~~	3527
~~association referred to in section 3375.48 of the Revised Code~~	3528
~~rents, leases, lease-purchases, or otherwise acquires space to~~	3529
~~expand or enlarge the law library for the use of the law library,~~	3530
~~the board of county commissioners of the county in which the~~	3531
~~association is located has no further obligation under division~~	3532
~~(A) of this section to provide space in the county courthouse or~~	3533
~~any other building located in the county seat for the use of the~~	3534
~~law library and utilities for that space, and has no further~~	3535
~~obligation under division (B) of this section to make payments for~~	3536
~~the compensation of the librarian and up to two assistant~~	3537
~~librarians of the law library appointed under section 3375.48 of~~	3538
~~the Revised Code and for the costs of space in the county~~	3539
~~courthouse or any other building for the use of the law library,~~	3540
~~the utilities for that space, and the law library's furniture and~~	3541
~~fixtures.~~	3542

~~(2) Division (D)(1) of this section does not apply if the~~	3543
~~board of trustees of a law library association referred to in~~	3544
~~section 3375.48 of the Revised Code modifies the space used by the~~	3545
~~law library in a manner that results in no change in that space or~~	3546
~~in a reduction in that space and that results in no additional~~	3547
~~costs to the board of county commissioners for fixtures or~~	3548
~~furniture for the law library.~~	3549

~~(E)~~(C) The librarian of the law library shall receive and	3550
safely keep in the law library the law reports and other books	3551
furnished by the state for use of the court and bar.	3552

~~(F)~~(D) The books, computer communications console that is a	3553
means of access to a system of computerized legal research,	3554
microform materials and equipment, videotape materials and	3555
equipment, audio or visual materials and equipment, other	3556
materials and equipment utilized in conducting legal research,	3557
furniture, and fixtures of the law library association that are	3558
owned by, and used exclusively in, the law library are exempt from	3559
taxation.	3560

Sec. 4513.35. (A) All fines collected under sections 4511.01	3561
to 4511.78, 4511.99, and 4513.01 to 4513.37 of the Revised Code	3562
shall be paid into the county treasury and, with the exception of	3563
that portion distributed under section ~~3375.53~~307.515 of the	3564
Revised Code, shall be placed to the credit of the fund for the	3565
maintenance and repair of the highways within that county, except	3566
that:	3567

(1) All fines for violations of division (B) of section	3568
4513.263 shall be delivered to the treasurer of state as provided	3569
in division (E) of section 4513.263 of the Revised Code.	3570

(2) All fines collected from, or moneys arising from bonds	3571
forfeited by, persons apprehended or arrested by state highway	3572
patrolmen shall be distributed as provided in section 5503.04 of	3573
the Revised Code.	3574

(3)(a) Subject to division (E) of section 4513.263 of the	3575
Revised Code and except as otherwise provided in division	3576
(A)(3)(b) of this section, one-half of all fines collected from,	3577
and one-half of all moneys arising from bonds forfeited by,	3578
persons apprehended or arrested by a township constable or other	3579
township police officer shall be paid to the township treasury to	3580
be placed to the credit of the general fund.	3581

(b) All fines collected from, and all moneys arising from	3582
bonds forfeited by, persons apprehended or arrested by a township	3583
constable or other township police officer pursuant to division	3584
(B)(2) of section 4513.39 of the Revised Code for a violation of	3585
section 4511.21 of the Revised Code or any other law, ordinance,	3586
or regulation pertaining to speed that occurred on a highway	3587
included as part of the interstate system, as defined in section	3588
5516.01 of the Revised Code, shall be paid into the county	3589
treasury and be credited as provided in the first paragraph of	3590
this section.	3591

(B) Notwithstanding any other provision of this section or of	3592
any other section of the Revised Code:	3593

(1) All fines collected from, and all moneys arising from	3594
bonds forfeited by, persons arrested under division (E)(1) or (2)	3595
of section 2935.03 of the Revised Code are deemed to be collected,	3596
and to arise, from arrests made within the jurisdiction in which	3597
the arresting officer is appointed, elected, or employed, for	3598
violations of one of the sections or chapters of the Revised Code	3599
listed in division (E)(1) of that section and shall be distributed	3600
accordingly.	3601

(2) All fines collected from, and all moneys arising from	3602
bonds forfeited by, persons arrested under division (E)(3) of	3603
section 2935.03 of the Revised Code are deemed to be collected,	3604
and to arise, from arrests made within the jurisdiction in which	3605
the arresting officer is appointed, elected, or employed, for	3606
violations of municipal ordinances that are substantially	3607
equivalent to one of the sections or one of the provisions of one	3608
of the chapters of the Revised Code listed in division (E)(1) of	3609
that section and for violations of one of the sections or one of	3610
the provisions of one of the chapters of the Revised Code listed	3611
in division (E)(1) of that section, and shall be distributed	3612
accordingly.	3613

Sec. 5111.89. (A) As used in sections 5111.89 to 5111.894	3614
of the Revised Code:	3615

"Area agency on aging" has the same meaning as in section	3616
173.14 of the Revised Code.	3617

"Assisted living program" means the medicaid waiver component	3618
for which the director of job and family services is authorized by	3619
this section to request a medicaid waiver.	3620

"Assisted living services" means the following home and	3621
community-based services: personal care, homemaker, chore,	3622
attendant care, companion, medication oversight, and therapeutic	3623
social and recreational programming.	3624

"County or district home" means a county or district home	3625
operated under Chapter 5155. of the Revised Code.	3626

"Long-term care consultation program" means the program the	3627
department of aging is required to develop under section 173.42 of	3628
the Revised Code.	3629

"Long-term care consultation program administrator" or	3630
"administrator" means the department of aging or, if the	3631
department contracts with an area agency on aging or other entity	3632
to administer the long-term care consultation program for a	3633
particular area, that agency or entity.	3634

"Medicaid waiver component" has the same meaning as in	3635
section 5111.85 of the Revised Code.	3636

"Nursing facility" has the same meaning as in section 5111.20	3637
of the Revised Code.	3638

"Residential care facility" has the same meaning as in	3639
section 3721.01 of the Revised Code.	3640

"State administrative agency" means the department of job and	3641
family services if the department of job and family services	3642
administers the assisted living program or the department of aging	3643
if the department of aging administers the assisted living	3644
program.	3645

(B) The director of job and family services may submit a	3646
request to the United States secretary of health and human	3647
services under 42 U.S.C. 1396n to obtain a waiver of federal	3648
medicaid requirements that would otherwise be violated in the	3649
creation and implementation of a program under which assisted	3650
living services are provided to not more than one thousand eight	3651
hundred individuals who meet the program's eligibility	3652
requirements established under section 5111.891 of the Revised	3653
Code.	3654

If the secretary approves the medicaid waiver requested under	3655
this section and the director of budget and management approves	3656
the contract, the department of job and family services shall	3657
enter into a contract with the department of aging under section	3658
5111.91 of the Revised Code that provides for the department of	3659
aging to administer the assisted living program. The contract	3660
shall include an estimate of the program's costs.	3661

The director of job and family services may adopt rules under	3662
section 5111.85 of the Revised Code regarding the assisted living	3663
program. The director of aging may adopt rules under Chapter 119.	3664
of the Revised Code regarding the program that the rules adopted	3665
by the director of job and family services authorize the director	3666
of aging to adopt.	3667

Sec. 5111.891. To be eligible for the assisted living	3668
program, an individual must meet all of the following	3669
requirements:	3670

(A) Need an intermediate level of care as determined under	3671
rule 5101:3-3-06 of the Administrative Code;	3672

(B) At the time the individual applies for the assisted	3673
living program, be one of the following:	3674

(1) A nursing facility resident who is seeking to move to a	3675
residential care facility and would remain in a nursing facility	3676
for long term care if not for the assisted living program;	3677

(2) A participant of any of the following medicaid waiver	3678
components who would move to a nursing facility if not for the	3679
assisted living program:	3680

(a) The PASSPORT program created under section 173.40 of the	3681
Revised Code;	3682

(b) The medicaid waiver component called the choices program	3683
that the department of aging administers;	3684

(c) A medicaid waiver component that the department of job	3685
and family services administers.	3686

(3) A resident of a residential care facility who has resided	3687
in a residential care facility for at least six months immediately	3688
before the date the individual applies for the assisted living	3689
program.	3690

(C) At the time the individual receives assisted living	3691
services under the assisted living program, reside in a	3692
residential care facility that is authorized by a valid medicaid	3693
provider agreement to participate in the assisted living program,	3694
including both of the following:	3695

(1) A residential care facility that is owned or operated by	3696
a metropolitan housing authority that has a contract with the	3697
United States department of housing and urban development to	3698
receive an operating subsidy or rental assistance for the	3699
residents of the facility;	3700

(2) A county or district home licensed as a residential care	3701
facility.	3702

(D) Meet all other eligibility requirements for the assisted	3703
living program established in rules adopted under section 5111.85	3704
of the Revised Code.	3705

Sec. 5111.894. ~~When~~The state administrative agency may	3706
establish one or more waiting lists for the assisted living	3707
program. Only individuals eligible for the medicaid program may be	3708
placed on a waiting list.	3709

Each month, each area agency on aging shall determine	3710
whether any individual who resides in the area that the area	3711
agency on aging serves and is on a waiting list for the assisted	3712
living program has been admitted to a nursing facility. If an	3713
area agency on aging determines that such an individual ~~who is~~	3714
~~eligible for the medicaid program and resides in the area that~~	3715
~~the area agency on aging serves~~ has been admitted to a nursing	3716
facility and that there is a vacancy in a residential care	3717
facility participating in the assisted living program that is	3718
acceptable to the individual, the agency shall notify the	3719
long-term care consultation program administrator serving the	3720
area in which the individual resides about the determination. The	3721
administrator shall determine whether the assisted living program	3722
is appropriate for the individual and whether the individual	3723
would rather participate in the assisted living program than	3724
continue residing in the nursing facility. If the administrator	3725
determines that the assisted living program is appropriate for	3726
the individual and the individual would rather participate in the	3727
assisted living program than continue residing in the nursing	3728
facility, the administrator shall ~~provide the individual or~~	3729
~~individual's representative information about how to apply for~~	3730
~~the assisted living program and whether there is a waiting list~~	3731
~~for the assisted living program~~so notify the state	3732
administrative agency.	3733

On receipt of the notice from the administrator, the state	3734
administrative agency shall approve the individual's enrollment in	3735
the assisted living program regardless of any waiting list for the	3736
assisted living program, unless the enrollment would cause the	3737
assisted living program to exceed the limit on the number of	3738
individuals who may participate in the program as set by section	3739
5111.89 of the Revised Code. Each quarter, the state	3740
administrative agency shall certify to the director of budget	3741
and management the estimated increase in costs of the assisted	3742
living program resulting from enrollment of individuals in the	3743
assisted living program pursuant to this section.	3744

Not later than the last day of each calendar year, the	3745
director of job and family services shall submit to the general	3746
assembly a report regarding the number of individuals enrolled in	3747
the assisted living program pursuant to this section and the costs	3748
incurred and savings achieved as a result of the enrollments.	3749

Sec. 5709.75. (A) Any township that receives service	3750
payments in lieu of taxes under section 5709.74 of the Revised	3751
Code shall establish a township public improvement tax increment	3752
equivalent fund into which those payments shall be deposited. If	3753
the board of township trustees has adopted a resolution under	3754
division (C) of section 5709.73 of the Revised Code, the township	3755
shall establish at least one account in that fund with respect to	3756
resolutions adopted under division (B) of that section, and one	3757
account with respect to each incentive district created by a	3758
resolution adopted under division (C) of that section. If a	3759
resolution adopted under division (C) of section 5709.73 of the	3760
Revised Code also authorizes the use of service payments for	3761
housing renovations within the incentive district, the township	3762
shall establish separate accounts for the service payments	3763
designated for public infrastructure improvements and for the	3764
service payments authorized for the purpose of housing	3765
renovations.	3766

(B) Except as otherwise provided in division (C) or (D) of	3767
this section, money deposited in an account of the township public	3768
improvement tax increment equivalent fund shall be used by the	3769
township to pay the costs of public infrastructure improvements	3770
designated in or the housing renovations authorized by the	3771
resolution with respect to which the account is established,	3772
including any interest on and principal of the notes; in the case	3773
of an account established with respect to a resolution adopted	3774
under division (C) of that section, money in the account shall be	3775
used to finance the public infrastructure improvements designated,	3776
or the housing renovations authorized, for each incentive district	3777
created in the resolution. Money in an account shall not be used	3778
to finance or support housing renovations that take place after	3779
the incentive district has expired.	3780

(C)(1)(a) A township may distribute money in such an account	3781
to any school district in which the exempt property is located in	3782
an amount not to exceed the amount of real property taxes that	3783
such school district would have received from the improvement if	3784
it were not exempt from taxation. The resolution establishing the	3785
fund shall set forth the percentage of such maximum amount that	3786
will be distributed to any affected school district.	3787

(b) A township also may distribute money in such an account	3788
as follows:	3789

(i) To a board of county commissioners, in the amount that is	3790
owed to the board pursuant to division (E) of section 5709.73 of	3791
the Revised Code;	3792

(ii) To a county in accordance with section 5709.913 of the	3793
Revised Code.	3794

(2) Money from an account in a township public improvement	3795
tax increment equivalent fund may be distributed under division	3796
(C)(1)(b) of this section, regardless of the date a resolution was	3797
adopted under section 5709.73 of the Revised Code that prompted	3798
the establishment of the account, even if the resolution was	3799
adopted prior to ~~the effective date of this amendment~~March 30,	3800
2006.	3801

(D) ~~On or before January 1, 2007, a~~A board of township	3802
trustees that adopted a resolution under division (B) of section	3803
5709.73 of the Revised Code before January 1, 1995, and that, with	3804
respect to property exempted under such a resolution, is party to	3805
a hold-harmless agreement, may appropriate and expend unencumbered	3806
money in the fund to pay current public safety expenses of the	3807
township. A township appropriating and expending money under this	3808
division shall reimburse the fund for the sum so appropriated and	3809
expended not later than the day the exemption granted under the	3810
resolution expires. For the purposes of this division, a	3811
"hold-harmless agreement" is an agreement with the board of	3812
education of a city, local, or exempted village school district	3813
under which the board of township trustees agrees to compensate	3814
the school district for one hundred per cent of the tax revenue	3815
the school district would have received from improvements to	3816
parcels designated in the resolution were it not for the exemption	3817
granted by the resolution.	3818

(E) Any incidental surplus remaining in the township public	3819
improvement tax increment equivalent fund or an account of that	3820
fund upon dissolution of the account or fund shall be transferred	3821
to the general fund of the township.	3822

Sec. 5739.02. For the purpose of providing revenue with	3823
which to meet the needs of the state, for the use of the general	3824
revenue fund of the state, for the purpose of securing a thorough	3825
and efficient system of common schools throughout the state, for	3826
the purpose of affording revenues, in addition to those from	3827
general property taxes, permitted under constitutional	3828
limitations, and from other sources, for the support of local	3829
governmental functions, and for the purpose of reimbursing the	3830
state for the expense of administering this chapter, an excise tax	3831
is hereby levied on each retail sale made in this state.	3832

(A)(1) The tax shall be collected as provided in section	3833
5739.025 of the Revised Code. The rate of the tax shall be five	3834
and one-half per cent. The tax applies and is collectible when	3835
the sale is made, regardless of the time when the price is paid	3836
or delivered.	3837

(2) In the case of the lease or rental, with a fixed term of	3838
more than thirty days or an indefinite term with a minimum period	3839
of more than thirty days, of any motor vehicles designed by the	3840
manufacturer to carry a load of not more than one ton, watercraft,	3841
outboard motor, or aircraft, or of any tangible personal property,	3842
other than motor vehicles designed by the manufacturer to carry a	3843
load of more than one ton, to be used by the lessee or renter	3844
primarily for business purposes, the tax shall be collected by the	3845
vendor at the time the lease or rental is consummated and shall be	3846
calculated by the vendor on the basis of the total amount to be	3847
paid by the lessee or renter under the lease agreement. If the	3848
total amount of the consideration for the lease or rental includes	3849
amounts that are not calculated at the time the lease or rental is	3850
executed, the tax shall be calculated and collected by the vendor	3851
at the time such amounts are billed to the lessee or renter. In	3852
the case of an open-end lease or rental, the tax shall be	3853
calculated by the vendor on the basis of the total amount to be	3854
paid during the initial fixed term of the lease or rental, and for	3855
each subsequent renewal period as it comes due. As used in this	3856
division, "motor vehicle" has the same meaning as in section	3857
4501.01 of the Revised Code, and "watercraft" includes an outdrive	3858
unit attached to the watercraft.	3859

A lease with a renewal clause and a termination penalty or	3860
similar provision that applies if the renewal clause is not	3861
exercised is presumed to be a sham transaction. In such a case,	3862
the tax shall be calculated and paid on the basis of the entire	3863
length of the lease period, including any renewal periods, until	3864
the termination penalty or similar provision no longer applies.	3865
The taxpayer shall bear the burden, by a preponderance of the	3866
evidence, that the transaction or series of transactions is not a	3867
sham transaction.	3868

(3) Except as provided in division (A)(2) of this section, in	3869
the case of a sale, the price of which consists in whole or in	3870
part of the lease or rental of tangible personal property, the tax	3871
shall be measured by the installments of that lease or rental.	3872

(4) In the case of a sale of a physical fitness facility	3873
service or recreation and sports club service, the price of which	3874
consists in whole or in part of a membership for the receipt of	3875
the benefit of the service, the tax applicable to the sale shall	3876
be measured by the installments thereof.	3877

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

3878

(1) Sales to the state or any of its political subdivisions,	3879
or to any other state or its political subdivisions if the laws of	3880
that state exempt from taxation sales made to this state and its	3881
political subdivisions;	3882

(2) Sales of food for human consumption off the premises	3883
where sold;	3884

(3) Sales of food sold to students only in a cafeteria,	3885
dormitory, fraternity, or sorority maintained in a private,	3886
public, or parochial school, college, or university;	3887

(4) Sales of newspapers and of magazine subscriptions and	3888
sales or transfers of magazines distributed as controlled	3889
circulation publications;	3890

(5) The furnishing, preparing, or serving of meals without	3891
charge by an employer to an employee provided the employer records	3892
the meals as part compensation for services performed or work	3893
done;	3894

(6) Sales of motor fuel upon receipt, use, distribution, or	3895
sale of which in this state a tax is imposed by the law of this	3896
state, but this exemption shall not apply to the sale of motor	3897
fuel on which a refund of the tax is allowable under division (A)	3898
of section 5735.14 of the Revised Code; and the tax commissioner	3899
may deduct the amount of tax levied by this section applicable to	3900
the price of motor fuel when granting a refund of motor fuel tax	3901
pursuant to division (A) of section 5735.14 of the Revised Code	3902
and shall cause the amount deducted to be paid into the general	3903
revenue fund of this state;	3904

(7) Sales of natural gas by a natural gas company, of water	3905
by a water-works company, or of steam by a heating company, if in	3906
each case the thing sold is delivered to consumers through pipes	3907
or conduits, and all sales of communications services by a	3908
telegraph company, all terms as defined in section 5727.01 of the	3909
Revised Code, and sales of electricity delivered through wires;	3910

(8) Casual sales by a person, or auctioneer employed directly	3911
by the person to conduct such sales, except as to such sales of	3912
motor vehicles, watercraft or outboard motors required to be	3913
titled under section 1548.06 of the Revised Code, watercraft	3914
documented with the United States coast guard, snowmobiles, and	3915
all-purpose vehicles as defined in section 4519.01 of the Revised	3916
Code;	3917

(9)(a) Sales of services or tangible personal property, other	3918
than motor vehicles, mobile homes, and manufactured homes, by	3919
churches, organizations exempt from taxation under section	3920
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	3921
organizations operated exclusively for charitable purposes as	3922
defined in division (B)(12) of this section, provided that the	3923
number of days on which such tangible personal property or	3924
services, other than items never subject to the tax, are sold does	3925
not exceed six in any calendar year, except as otherwise provided	3926
in division (B)(9)(b) of this section. If the number of days on	3927
which such sales are made exceeds six in any calendar year, the	3928
church or organization shall be considered to be engaged in	3929
business and all subsequent sales by it shall be subject to the	3930
tax. In counting the number of days, all sales by groups within a	3931
church or within an organization shall be considered to be sales	3932
of that church or organization.	3933

(b) The limitation on the number of days on which tax-exempt	3934
sales may be made by a church or organization under division	3935
(B)(9)(a) of this section does not apply to sales made by student	3936
clubs and other groups of students of a primary or secondary	3937
school, or a parent-teacher association, booster group, or similar	3938
organization that raises money to support or fund curricular or	3939
extracurricular activities of a primary or secondary school.	3940

(c) Divisions (B)(9)(a) and (b) of this section do not apply	3941
to sales by a noncommercial educational radio or television	3942
broadcasting station.	3943

(10) Sales not within the taxing power of this state under	3944
the Constitution of the United States;	3945

(11) Except for transactions that are sales under division	3946
(B)(3)(r) of section 5739.01 of the Revised Code, the	3947
transportation of persons or property, unless the transportation	3948
is by a private investigation and security service;	3949

(12) Sales of tangible personal property or services to	3950
churches, to organizations exempt from taxation under section	3951
501(c)(3) of the Internal Revenue Code of 1986, and to any other	3952
nonprofit organizations operated exclusively for charitable	3953
purposes in this state, no part of the net income of which inures	3954
to the benefit of any private shareholder or individual, and no	3955
substantial part of the activities of which consists of carrying	3956
on propaganda or otherwise attempting to influence legislation;	3957
sales to offices administering one or more homes for the aged or	3958
one or more hospital facilities exempt under section 140.08 of the	3959
Revised Code; and sales to organizations described in division (D)	3960
of section 5709.12 of the Revised Code.	3961

"Charitable purposes" means the relief of poverty; the	3962
improvement of health through the alleviation of illness, disease,	3963
or injury; the operation of an organization exclusively for the	3964
provision of professional, laundry, printing, and purchasing	3965
services to hospitals or charitable institutions; the operation of	3966
a home for the aged, as defined in section 5701.13 of the Revised	3967
Code; the operation of a radio or television broadcasting station	3968
that is licensed by the federal communications commission as a	3969
noncommercial educational radio or television station; the	3970
operation of a nonprofit animal adoption service or a county	3971
humane society; the promotion of education by an institution of	3972
learning that maintains a faculty of qualified instructors,	3973
teaches regular continuous courses of study, and confers a	3974
recognized diploma upon completion of a specific curriculum; the	3975
operation of a parent-teacher association, booster group, or	3976
similar organization primarily engaged in the promotion and	3977
support of the curricular or extracurricular activities of a	3978
primary or secondary school; the operation of a community or area	3979
center in which presentations in music, dramatics, the arts, and	3980
related fields are made in order to foster public interest and	3981
education therein; the production of performances in music,	3982
dramatics, and the arts; or the promotion of education by an	3983
organization engaged in carrying on research in, or the	3984
dissemination of, scientific and technological knowledge and	3985
information primarily for the public.	3986

Nothing in this division shall be deemed to exempt sales to	3987
any organization for use in the operation or carrying on of a	3988
trade or business, or sales to a home for the aged for use in the	3989
operation of independent living facilities as defined in division	3990
(A) of section 5709.12 of the Revised Code.	3991

(13) Building and construction materials and services sold to	3992
construction contractors for incorporation into a structure or	3993
improvement to real property under a construction contract with	3994
this state or a political subdivision of this state, or with the	3995
United States government or any of its agencies; building and	3996
construction materials and services sold to construction	3997
contractors for incorporation into a structure or improvement to	3998
real property that are accepted for ownership by this state or any	3999
of its political subdivisions, or by the United States government	4000
or any of its agencies at the time of completion of the structures	4001
or improvements; building and construction materials sold to	4002
construction contractors for incorporation into a horticulture	4003
structure or livestock structure for a person engaged in the	4004
business of horticulture or producing livestock; building	4005
materials and services sold to a construction contractor for	4006
incorporation into a house of public worship or religious	4007
education, or a building used exclusively for charitable purposes	4008
under a construction contract with an organization whose purpose	4009
is as described in division (B)(12) of this section; building	4010
materials and services sold to a construction contractor for	4011
incorporation into a building under a construction contract with	4012
an organization exempt from taxation under section 501(c)(3) of	4013
the Internal Revenue Code of 1986 when the building is to be used	4014
exclusively for the organization's exempt purposes; building and	4015
construction materials sold for incorporation into the original	4016
construction of a sports facility under section 307.696 of the	4017
Revised Code; and building and construction materials and services	4018
sold to a construction contractor for incorporation into real	4019
property outside this state if such materials and services, when	4020
sold to a construction contractor in the state in which the real	4021
property is located for incorporation into real property in that	4022
state, would be exempt from a tax on sales levied by that state;	4023

(14) Sales of ships or vessels or rail rolling stock used or	4024
to be used principally in interstate or foreign commerce, and	4025
repairs, alterations, fuel, and lubricants for such ships or	4026
vessels or rail rolling stock;	4027

(15) Sales to persons primarily engaged in any of the	4028
activities mentioned in division (B)(42)(a) or (g) of this	4029
section, to persons engaged in making retail sales, or to persons	4030
who purchase for sale from a manufacturer tangible personal	4031
property that was produced by the manufacturer in accordance with	4032
specific designs provided by the purchaser, of packages, including	4033
material, labels, and parts for packages, and of machinery,	4034
equipment, and material for use primarily in packaging tangible	4035
personal property produced for sale, including any machinery,	4036
equipment, and supplies used to make labels or packages, to	4037
prepare packages or products for labeling, or to label packages or	4038
products, by or on the order of the person doing the packaging, or	4039
sold at retail. "Packages" includes bags, baskets, cartons,	4040
crates, boxes, cans, bottles, bindings, wrappings, and other	4041
similar devices and containers, but does not include motor	4042
vehicles or bulk tanks, trailers, or similar devices attached to	4043
motor vehicles. "Packaging" means placing in a package. Division	4044
(B)(15) of this section does not apply to persons engaged in	4045
highway transportation for hire.	4046

(16) Sales of food to persons using food stamp benefits to	4047
purchase the food. As used in this division, "food" has the same	4048
meaning as in the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.	4049
2012, as amended, and federal regulations adopted pursuant to that	4050
act.	4051

(17) Sales to persons engaged in farming, agriculture,	4052
horticulture, or floriculture, of tangible personal property for	4053
use or consumption directly in the production by farming,	4054
agriculture, horticulture, or floriculture of other tangible	4055
personal property for use or consumption directly in the	4056
production of tangible personal property for sale by farming,	4057
agriculture, horticulture, or floriculture; or material and parts	4058
for incorporation into any such tangible personal property for use	4059
or consumption in production; and of tangible personal property	4060
for such use or consumption in the conditioning or holding of	4061
products produced by and for such use, consumption, or sale by	4062
persons engaged in farming, agriculture, horticulture, or	4063
floriculture, except where such property is incorporated into real	4064
property;	4065

(18) Sales of drugs for a human being that may be dispensed	4066
only pursuant to a prescription; insulin as recognized in the	4067
official United States pharmacopoeia; urine and blood testing	4068
materials when used by diabetics or persons with hypoglycemia to	4069
test for glucose or acetone; hypodermic syringes and needles when	4070
used by diabetics for insulin injections; epoetin alfa when	4071
purchased for use in the treatment of persons with medical	4072
disease; hospital beds when purchased by hospitals, nursing homes,	4073
or other medical facilities; and medical oxygen and medical	4074
oxygen-dispensing equipment when purchased by hospitals, nursing	4075
homes, or other medical facilities;	4076

(19) Sales of prosthetic devices, durable medical equipment	4077
for home use, or mobility enhancing equipment, when made pursuant	4078
to a prescription and when such devices or equipment are for use	4079
by a human being.	4080

(20) Sales of emergency and fire protection vehicles and	4081
equipment to nonprofit organizations for use solely in providing	4082
fire protection and emergency services, including trauma care and	4083
emergency medical services, for political subdivisions of the	4084
state;	4085

(21) Sales of tangible personal property manufactured in this	4086
state, if sold by the manufacturer in this state to a retailer for	4087
use in the retail business of the retailer outside of this state	4088
and if possession is taken from the manufacturer by the purchaser	4089
within this state for the sole purpose of immediately removing the	4090
same from this state in a vehicle owned by the purchaser;	4091

(22) Sales of services provided by the state or any of its	4092
political subdivisions, agencies, instrumentalities, institutions,	4093
or authorities, or by governmental entities of the state or any of	4094
its political subdivisions, agencies, instrumentalities,	4095
institutions, or authorities;	4096

(23) Sales of motor vehicles to nonresidents of this state	4097
under the circumstances described in division (B) of section	4098
5739.029 of the Revised Code;	4099

(24) Sales to persons engaged in the preparation of eggs for	4100
sale of tangible personal property used or consumed directly in	4101
such preparation, including such tangible personal property used	4102
for cleaning, sanitizing, preserving, grading, sorting, and	4103
classifying by size; packages, including material and parts for	4104
packages, and machinery, equipment, and material for use in	4105
packaging eggs for sale; and handling and transportation equipment	4106
and parts therefor, except motor vehicles licensed to operate on	4107
public highways, used in intraplant or interplant transfers or	4108
shipment of eggs in the process of preparation for sale, when the	4109
plant or plants within or between which such transfers or	4110
shipments occur are operated by the same person. "Packages"	4111
includes containers, cases, baskets, flats, fillers, filler flats,	4112
cartons, closure materials, labels, and labeling materials, and	4113
"packaging" means placing therein.	4114

(25)(a) Sales of water to a consumer for residential use,	4115
except the sale of bottled water, distilled water, mineral water,	4116
carbonated water, or ice;	4117

(b) Sales of water by a nonprofit corporation engaged	4118
exclusively in the treatment, distribution, and sale of water to	4119
consumers, if such water is delivered to consumers through pipes	4120
or tubing.	4121

(26) Fees charged for inspection or reinspection of motor	4122
vehicles under section 3704.14 of the Revised Code;	4123

(27) Sales to persons licensed to conduct a food service	4124
operation pursuant to section 3717.43 of the Revised Code, of	4125
tangible personal property primarily used directly for the	4126
following:	4127

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

4128

(b) To preserve food that has been or will be prepared for	4129
human consumption for sale by the food service operator, not	4130
including tangible personal property used to display food for	4131
selection by the consumer;	4132

(c) To clean tangible personal property used to prepare or	4133
serve food for human consumption for sale.	4134

(28) Sales of animals by nonprofit animal adoption services	4135
or county humane societies;	4136

(29) Sales of services to a corporation described in division	4137
(A) of section 5709.72 of the Revised Code, and sales of tangible	4138
personal property that qualifies for exemption from taxation under	4139
section 5709.72 of the Revised Code;	4140

(30) Sales and installation of agricultural land tile, as	4141
defined in division (B)(5)(a) of section 5739.01 of the Revised	4142
Code;	4143

(31) Sales and erection or installation of portable grain	4144
bins, as defined in division (B)(5)(b) of section 5739.01 of the	4145
Revised Code;	4146

(32) The sale, lease, repair, and maintenance of, parts for,	4147
or items attached to or incorporated in, motor vehicles that are	4148
primarily used for transporting tangible personal property	4149
belonging to others by a person engaged in highway transportation	4150
for hire, except for packages and packaging used for the	4151
transportation of tangible personal property;	4152

(33) Sales to the state headquarters of any veterans'	4153
organization in this state that is either incorporated and issued	4154
a charter by the congress of the United States or is recognized by	4155
the United States veterans administration, for use by the	4156
headquarters;	4157

(34) Sales to a telecommunications service vendor, mobile	4158
telecommunications service vendor, or satellite broadcasting	4159
service vendor of tangible personal property and services used	4160
directly and primarily in transmitting, receiving, switching, or	4161
recording any interactive, one- or two-way electromagnetic	4162
communications, including voice, image, data, and information,	4163
through the use of any medium, including, but not limited to,	4164
poles, wires, cables, switching equipment, computers, and record	4165
storage devices and media, and component parts for the tangible	4166
personal property. The exemption provided in this division shall	4167
be in lieu of all other exemptions under division (B)(42)(a) of	4168
this section to which the vendor may otherwise be entitled, based	4169
upon the use of the thing purchased in providing the	4170
telecommunications, mobile telecommunications, or satellite	4171
broadcasting service.	4172

(35)(a) Sales where the purpose of the consumer is to use or	4173
consume the things transferred in making retail sales and	4174
consisting of newspaper inserts, catalogues, coupons, flyers, gift	4175
certificates, or other advertising material that prices and	4176
describes tangible personal property offered for retail sale.	4177

(b) Sales to direct marketing vendors of preliminary	4178
materials such as photographs, artwork, and typesetting that will	4179
be used in printing advertising material; of printed matter that	4180
offers free merchandise or chances to win sweepstake prizes and	4181
that is mailed to potential customers with advertising material	4182
described in division (B)(35)(a) of this section; and of equipment	4183
such as telephones, computers, facsimile machines, and similar	4184
tangible personal property primarily used to accept orders for	4185
direct marketing retail sales.	4186

(c) Sales of automatic food vending machines that preserve	4187
food with a shelf life of forty-five days or less by refrigeration	4188
and dispense it to the consumer.	4189

For purposes of division (B)(35) of this section, "direct	4190
marketing" means the method of selling where consumers order	4191
tangible personal property by United States mail, delivery	4192
service, or telecommunication and the vendor delivers or ships the	4193
tangible personal property sold to the consumer from a warehouse,	4194
catalogue distribution center, or similar fulfillment facility by	4195
means of the United States mail, delivery service, or common	4196
carrier.	4197

(36) Sales to a person engaged in the business of	4198
horticulture or producing livestock of materials to be	4199
incorporated into a horticulture structure or livestock structure;	4200

(37) Sales of personal computers, computer monitors, computer	4201
keyboards, modems, and other peripheral computer equipment to an	4202
individual who is licensed or certified to teach in an elementary	4203
or a secondary school in this state for use by that individual in	4204
preparation for teaching elementary or secondary school students;	4205

(38) Sales to a professional racing team of any of the	4206
following:	4207

(a) Motor racing vehicles;

4208

(b) Repair services for motor racing vehicles;

4209

(c) Items of property that are attached to or incorporated in	4210
motor racing vehicles, including engines, chassis, and all other	4211
components of the vehicles, and all spare, replacement, and	4212
rebuilt parts or components of the vehicles; except not including	4213
tires, consumable fluids, paint, and accessories consisting of	4214
instrumentation sensors and related items added to the vehicle to	4215
collect and transmit data by means of telemetry and other forms of	4216
communication.	4217

(39) Sales of used manufactured homes and used mobile homes,	4218
as defined in section 5739.0210 of the Revised Code, made on or	4219
after January 1, 2000;	4220

(40) Sales of tangible personal property and services to a	4221
provider of electricity used or consumed directly and primarily in	4222
generating, transmitting, or distributing electricity for use by	4223
others, including property that is or is to be incorporated into	4224
and will become a part of the consumer's production, transmission,	4225
or distribution system and that retains its classification as	4226
tangible personal property after incorporation; fuel or power used	4227
in the production, transmission, or distribution of electricity;	4228
and tangible personal property and services used in the repair and	4229
maintenance of the production, transmission, or distribution	4230
system, including only those motor vehicles as are specially	4231
designed and equipped for such use. The exemption provided in this	4232
division shall be in lieu of all other exemptions in division	4233
(B)(42)(a) of this section to which a provider of electricity may	4234
otherwise be entitled based on the use of the tangible personal	4235
property or service purchased in generating, transmitting, or	4236
distributing electricity.	4237

(41) Sales to a person providing services under division	4238
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	4239
personal property and services used directly and primarily in	4240
providing taxable services under that section.	4241

(42) Sales where the purpose of the purchaser is to do any of	4242
the following:	4243

(a) To incorporate the thing transferred as a material or a	4244
part into tangible personal property to be produced for sale by	4245
manufacturing, assembling, processing, or refining; or to use or	4246
consume the thing transferred directly in producing tangible	4247
personal property for sale by mining, including, without	4248
limitation, the extraction from the earth of all substances that	4249
are classed geologically as minerals, production of crude oil and	4250
natural gas, farming, agriculture, horticulture, or floriculture,	4251
or directly in the rendition of a public utility service, except	4252
that the sales tax levied by this section shall be collected upon	4253
all meals, drinks, and food for human consumption sold when	4254
transporting persons. Persons engaged in rendering farming,	4255
agricultural, horticultural, or floricultural services, and	4256
services in the exploration for, and production of, crude oil and	4257
natural gas, for others are deemed engaged directly in farming,	4258
agriculture, horticulture, and floriculture, or exploration for,	4259
and production of, crude oil and natural gas. This paragraph does	4260
not exempt from "retail sale" or "sales at retail" the sale of	4261
tangible personal property that is to be incorporated into a	4262
structure or improvement to real property.	4263

(b) To hold the thing transferred as security for the	4264
performance of an obligation of the vendor;	4265

(c) To resell, hold, use, or consume the thing transferred as	4266
evidence of a contract of insurance;	4267

(d) To use or consume the thing directly in commercial	4268
fishing;	4269

(e) To incorporate the thing transferred as a material or a	4270
part into, or to use or consume the thing transferred directly in	4271
the production of, magazines distributed as controlled circulation	4272
publications;	4273

(f) To use or consume the thing transferred in the production	4274
and preparation in suitable condition for market and sale of	4275
printed, imprinted, overprinted, lithographic, multilithic,	4276
blueprinted, photostatic, or other productions or reproductions of	4277
written or graphic matter;	4278

(g) To use the thing transferred, as described in section	4279
5739.011 of the Revised Code, primarily in a manufacturing	4280
operation to produce tangible personal property for sale;	4281

(h) To use the benefit of a warranty, maintenance or service	4282
contract, or similar agreement, as described in division (B)(7) of	4283
section 5739.01 of the Revised Code, to repair or maintain	4284
tangible personal property, if all of the property that is the	4285
subject of the warranty, contract, or agreement would not be	4286
subject to the tax imposed by this section;	4287

(i) To use the thing transferred as qualified research and	4288
development equipment;	4289

(j) To use or consume the thing transferred primarily in	4290
storing, transporting, mailing, or otherwise handling purchased	4291
sales inventory in a warehouse, distribution center, or similar	4292
facility when the inventory is primarily distributed outside this	4293
state to retail stores of the person who owns or controls the	4294
warehouse, distribution center, or similar facility, to retail	4295
stores of an affiliated group of which that person is a member, or	4296
by means of direct marketing. This division does not apply to	4297
motor vehicles registered for operation on the public highways. As	4298
used in this division, "affiliated group" has the same meaning as	4299
in division (B)(3)(e) of section 5739.01 of the Revised Code and	4300
"direct marketing" has the same meaning as in division (B)(35) of	4301
this section.	4302

(k) To use or consume the thing transferred to fulfill a	4303
contractual obligation incurred by a warrantor pursuant to a	4304
warranty provided as a part of the price of the tangible personal	4305
property sold or by a vendor of a warranty, maintenance or service	4306
contract, or similar agreement the provision of which is defined	4307
as a sale under division (B)(7) of section 5739.01 of the Revised	4308
Code;	4309

(l) To use or consume the thing transferred in the production	4310
of a newspaper for distribution to the public;	4311

(m) To use tangible personal property to perform a service	4312
listed in division (B)(3) of section 5739.01 of the Revised Code,	4313
if the property is or is to be permanently transferred to the	4314
consumer of the service as an integral part of the performance of	4315
the service;	4316

(n) To use or consume the thing transferred in acquiring,	4317
formatting, editing, storing, and disseminating data or	4318
information by electronic publishing.	4319

As used in division (B)(42) of this section, "thing" includes	4320
all transactions included in divisions (B)(3)(a), (b), and (e) of	4321
section 5739.01 of the Revised Code.	4322

(43) Sales conducted through a coin operated device that	4323
activates vacuum equipment or equipment that dispenses water,	4324
whether or not in combination with soap or other cleaning agents	4325
or wax, to the consumer for the consumer's use on the premises in	4326
washing, cleaning, or waxing a motor vehicle, provided no other	4327
personal property or personal service is provided as part of the	4328
transaction.	4329

(44) Sales of replacement and modification parts for engines,	4330
airframes, instruments, and interiors in, and paint for, aircraft	4331
used primarily in a fractional aircraft ownership program, and	4332
sales of services for the repair, modification, and maintenance of	4333
such aircraft, and machinery, equipment, and supplies primarily	4334
used to provide those services.	4335

(45) Sales of telecommunications service that is used	4336
directly and primarily to perform the functions of a call center.	4337
As used in this division, "call center" means any physical	4338
location where telephone calls are placed or received in high	4339
volume for the purpose of making sales, marketing, customer	4340
service, technical support, or other specialized business	4341
activity, and that employs at least fifty individuals that engage	4342
in call center activities on a full-time basis, or sufficient	4343
individuals to fill fifty full-time equivalent positions.	4344

(46) Sales by a telecommunications service vendor of 900	4345
service to a subscriber. This division does not apply to	4346
information services, as defined in division (FF) of section	4347
5739.01 of the Revised Code.	4348

(47) Sales of value-added non-voice data service. This	4349
division does not apply to any similar service that is not	4350
otherwise a telecommunications service.	4351

(48)(a) Sales of machinery, equipment, and software to a	4352
qualified direct selling entity for use in a warehouse or	4353
distribution center primarily for storing, transporting, or	4354
otherwise handling inventory that is held for sale to independent	4355
salespersons who operate as direct sellers and that is held	4356
primarily for distribution outside this state;	4357

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

4358

(i) "Direct seller" means a person selling consumer products	4359
to individuals for personal or household use and not from a fixed	4360
retail location, including selling such product at in-home product	4361
demonstrations, parties, and other one-on-one selling.	4362

(ii) "Qualified direct selling entity" means an entity	4363
selling to direct sellers at the time the entity enters into a tax	4364
credit agreement with the tax credit authority pursuant to section	4365
122.17 of the Revised Code, provided that the agreement was	4366
entered into on or after January 1, 2007. Neither contingencies	4367
relevant to the granting of, nor later developments with respect	4368
to, the tax credit shall impair the status of the qualified direct	4369
selling entity under division (B)(48) of this section after	4370
execution of the tax credit agreement by the tax credit authority.	4371

(c) Division (B)(48) of this section is limited to machinery,	4372
equipment, and software first stored, used, or consumed in this	4373
state within the period commencing ~~with the effective date of the~~	4374
~~amendment of this section by the capital appropriations act of the~~	4375
~~127th general assembly~~June 24, 2008, and ending on the date that	4376
is five years after that ~~effective~~ date.	4377

(49) Sales of materials, parts, equipment, or engines used	4378
in the repair or maintenance of aircraft or avionics systems of	4379
such aircraft, and sales of repair, remodeling, replacement, or	4380
maintenance services ~~at a federal aviation administration~~	4381
~~certified repair station~~ in this state performed on aircraft or	4382
on an aircraft's avionics, engine, or component materials or	4383
parts. As used in division (B)(49) of this section, "aircraft"	4384
means aircraft of more than six thousand pounds maximum certified	4385
takeoff weight or used exclusively in general aviation.	4386

(50) Sales of full flight simulators that are used for pilot	4387
or flight-crew training, sales of repair or replacement parts or	4388
components, and sales of repair or maintenance services for such	4389
full flight simulators. "Full flight simulator" means a replica	4390
of a specific type, or make, model, and series of aircraft	4391
cockpit. It includes the assemblage of equipment and computer	4392
programs necessary to represent aircraft operations in ground and	4393
flight conditions, a visual system providing an	4394
out-of-the-cockpit view, and a system that provides cues at	4395
least equivalent to those of a three-degree-of-freedom motion	4396
system, and has the full range of capabilities of the systems	4397
installed in the device as described in appendices A and B of	4398
part 60 of chapter 1 of title 14 of the Code of Federal	4399
Regulations.	4400

(C) For the purpose of the proper administration of this	4401
chapter, and to prevent the evasion of the tax, it is presumed	4402
that all sales made in this state are subject to the tax until the	4403
contrary is established.	4404

(D) The levy of this tax on retail sales of recreation and	4405
sports club service shall not prevent a municipal corporation from	4406
levying any tax on recreation and sports club dues or on any	4407
income generated by recreation and sports club dues.	4408

(E) The tax collected by the vendor from the consumer under	4409
this chapter is not part of the price, but is a tax collection for	4410
the benefit of the state, and of counties levying an additional	4411
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	4412
Code and of transit authorities levying an additional sales tax	4413
pursuant to section 5739.023 of the Revised Code. Except for the	4414
discount authorized under section 5739.12 of the Revised Code and	4415
the effects of any rounding pursuant to section 5703.055 of the	4416
Revised Code, no person other than the state or such a county or	4417
transit authority shall derive any benefit from the collection or	4418
payment of the tax levied by this section or section 5739.021,	4419
5739.023, or 5739.026 of the Revised Code.	4420

Section 101.02. That existing sections 117.11, 133.20,	4421
145.297, 717.02, 733.40, 1901.024, 1901.07, 1901.08, 1901.31,	4422
1907.20, 2949.111, 3301.0715, 3302.04, 3302.10, 3313.97, 3314.03,	4423
3326.17, 3333.375, 3375.49, 3375.50, 4513.35, 5111.89, 5111.891,	4424
5111.894, 5709.75, and 5739.02 and sections 3375.48, 3375.51,	4425
3375.52, 3375.53, 3375.54, 3375.55, and 3375.56 of the Revised	4426
Code are hereby repealed.	4427

Section 101.03. That section 3375.49 of the Revised Code, as	4428
amended by this act, is hereby repealed effective December 31,	4429
2009.	4430

Section 201.01. That Sections 309.30.50 and 309.30.53 of Am.	4431
Sub. H.B. 119 of the 127th General Assembly be amended to read as	4432
follows:	4433

Sec. 309.30.50. HOME FIRST PROGRAM - PASSPORT

4434

(A) On a quarterly basis, on receipt of the certified	4435
expenditures related to section 173.401 of the Revised Code, the	4436
Director of Budget and Management shall do all of the following	4437
for fiscal years 2008 and 2009:	4438

(1) Transfer the state share of the amount of the actual	4439
expenditures from GRF appropriation item 600-525, Health	4440
Care/Medicaid, to GRF appropriation item 490-403, PASSPORT;	4441

(2) Increase the appropriation in Ohio Department of Aging	4442
Fund 3C4, appropriation item 490-607, PASSPORT, by the federal	4443
share of the amount of the actual expenditures;	4444

(3) Increase the appropriation in JFS Fund 3G5, appropriation	4445
item 600-655, Interagency Reimbursement, by the federal share of	4446
the amount of the actual expenditures.	4447

The funds that the Director of Budget and Management	4448
transfers and increases under this division are hereby	4449
appropriated.	4450

(B) The individuals placed in the PASSPORT program pursuant	4451
to this section shall be in addition to the individuals placed in	4452
the PASSPORT program during fiscal years 2008 and 2009 based on	4453
the amount of money that is in GRF appropriation item 490-403,	4454
PASSPORT; Fund 4J4, appropriation item 490-610,	4455
PASSPORT/Residential State Supplement; Fund 4U9, appropriation	4456
item 490-602, PASSPORT Fund; and Fund 3C4, appropriation item	4457
490-607, PASSPORT, before any transfers to GRF appropriation item	4458
490-403, PASSPORT, and Fund 3C4, appropriation item 490-607,	4459
PASSPORT, are made under this section.	4460

Sec. 309.30.53. HOME FIRST PROGRAM - RESIDENTIAL STATE	4461
SUPPLEMENT ~~TRANSFER~~	4462

On a quarterly basis, on receipt of the certified residential	4463
state supplement costs related to section 173.351 of the Revised	4464
Code, the Director of Budget and Management shall do the	4465
following:	4466

(A) Transfer the state share of the amount of the estimated	4467
costs from GRF appropriation item 600-525, Health Care/Medicaid,	4468
to GRF appropriation item 490-412, Residential State Supplement;	4469

(B) The Department of Aging may transfer cash by intrastate	4470
transfer vouchers from the foregoing appropriation item 490-412,	4471
Residential State Supplement, and 490-610, PASSPORT/Residential	4472
State Supplement, to the Department of Job and Family Services	4473
Fund 4J5, Home and Community-Based Services for the Aged Fund. The	4474
funds shall be used to make benefit payments to Residential State	4475
Supplement recipients.	4476

The funds that the Director of Budget and Management	4477
transfers and increases under this division are hereby	4478
appropriated.	4479

Section 201.02. That existing Sections 309.30.50 and	4480
309.50.53 of Am. Sub. H.B. 119 of the 127th General Assembly are	4481
hereby repealed.	4482

Section 203.01. That Sections 201.60.20, 201.60.30,	4483
301.40.10, and 301.60.50 of H.B. 496 of the 127th General	4484
Assembly be amended to read as follows:	4485

Reappropriations

Sec. 201.60.20. DMH DEPARTMENT OF MENTAL HEALTH

4486

STATEWIDE AND CENTRAL OFFICE PROJECTS	4487

C58000	Hazardous Materials Abatement	$	254,808	4488
C58001	Community Assistance Projects	$	~~5,196,466~~ 4,696,466	4489
C58002	Campus Consolidation - Automation	$	318,720	4490
C58004	Demolition	$	661,655	4491
C58005	Life Safety/Critical Plant Renovations	$	65,729	4492
C58006	Patient Care/Environment Improvement	$	998,268	4493
C58007	Infrastructure Renovations	$	12,635,238	4494
C58008	Emergency Improvements	$	2,843,566	4495
C58009	Patient Environment Improvement Consolidation	$	176,853	4496
C58010	Campus Consolidation	$	8,664,798	4497
Total Department of Mental Health		$	~~31,816,101~~ 31,316,101	4498

Of the foregoing appropriation item C58001, Community	4499
Assistance Projects, ~~$500,000 shall be used for the Mayerson~~	4500
~~Center,~~ $350,000 shall be used for the Chabad House, $200,000	4501
shall be used for the Talbert House, and $250,000 shall be used	4502
for the Berea Children's Home.	4503

The amount reappropriated for the foregoing appropriation	4504
item C58001, Community Assistance Projects, is the unencumbered	4505
unallotted balance, as of June 30, 2008, in appropriation item	4506
C58001, Community Assistance Projects, minus $250,000.	4507

Reappropriations

Sec. 201.60.30. DMR DEPARTMENT OF MENTAL RETARDATION AND	4508
DEVELOPMENTAL DISABILITIES	4509

STATEWIDE PROJECTS	4510

C59000	Asbestos Abatement	$	999,637	4511
C59004	Community Assistance Projects	$	1,202,040	4512
~~C59019~~	~~North Olmsted Welcome House~~	$	~~100,000~~	4513
C59020	Kamp Dovetail Project at Rocky Fork Lake State Park	$	100,000	4514
C59022	Razing of Buildings	$	80,595	4515
C59024	Telecommunications Systems Improvement	$	774,454	4516
C59029	Emergency Generator Replacement	$	1,049,606	4517
C59034	Statewide Developmental Centers	$	5,479,662	4518
C59050	Emergency Improvements	$	634,970	4519
Total Statewide and Central Office Projects		$	~~10,420,964~~ 10,320,964	4520

COMMUNITY ASSISTANCE PROJECTS

4521

The foregoing appropriation item C59004, Community Assistance	4522
Projects, may be used to provide community assistance funds for	4523
the construction or renovation of facilities for day programs or	4524
residential programs that provide services to persons eligible for	4525
services from the Department of Mental Retardation and	4526
Developmental Disabilities or county boards of mental retardation	4527
and developmental disabilities. Any funds provided to nonprofit	4528
agencies for the construction or renovation of facilities for	4529
persons eligible for services from the Department of Mental	4530
Retardation and Developmental Disabilities and county boards of	4531
mental retardation and developmental disabilities are subject to	4532
the prevailing wage provisions in section 176.05 of the Revised	4533
Code.	4534

Notwithstanding any other provision of law to the contrary,	4535
of the foregoing appropriation item C59004, Community Assistance	4536
Projects, $75,000 shall be used for the Hanson Home.	4537

STATEWIDE DEVELOPMENTAL CENTERS	4538

CAMBRIDGE DEVELOPMENTAL CENTER	4539

C59005	Residential Renovations - CAMDC	$	41,398	4540
C59023	HVAC Renovations - Residential Buildings	$	1,000	4541
C59025	Cambridge HVAC Upgrade - Activity Center	$	3,538	4542
C59046	Utility Upgrade Centerwide	$	5,960	4543
Total Cambridge Developmental Center		$	51,896	4544

COLUMBUS DEVELOPMENTAL CENTER	4545

C59036		Columbus Developmental Center		$	8,162		4546
Total Columbus Developmental Center				$	8,162		4547

GALLIPOLIS DEVELOPMENTAL CENTER	4548

C59027	HVAC Replacements	$	4,873	4549
C59037	Gallipolis Developmental Center	$	21,849	4550
Total Gallipolis Developmental Center		$	26,722	4551

MONTGOMERY DEVELOPMENTAL CENTER	4552

C59038		Montgomery Developmental Center		$	43,634		4553
Total Montgomery Developmental Center				$	43,634		4554

MOUNT VERNON DEVELOPMENTAL CENTER	4555

C59039		Mount Vernon Developmental Center		$	160,353		4556
Total Mount Vernon Developmental Center				$	160,353		4557

NORTHWEST OHIO DEVELOPMENTAL CENTER	4558

C59030	Replace Chiller	$	8,535	4559
C59040	Northwest Ohio Developmental Center	$	11,171	4560
Total Northwest Ohio Developmental Center		$	19,706	4561

SOUTHWEST OHIO DEVELOPMENTAL CENTER	4562

C59016	Residential Renovation - HVAC Upgrade	$	23,075	4563
C59041	Southwest Ohio Developmental Center	$	14,566	4564
C59048	Renovation Program and Support Services Building	$	3,900	4565
Total Southwest Ohio Developmental Center		$	41,541	4566

TIFFIN DEVELOPMENTAL CENTER	4567

C59026	Roof and Exterior Renovations	$	19,666	4568
C59043	Tiffin Developmental Center	$	20,696	4569
Total Tiffin Developmental Center		$	40,362	4570

WARRENSVILLE DEVELOPMENTAL CENTER	4571

C59017	Residential Renovations - WDC	$	5,057	4572
C59021	Water Line Replacement - WDC	$	16,267	4573
C59031	ADA Compliance - WDC	$	3,628	4574
C59044	Warrensville Developmental Center	$	29,860	4575
Total Warrensville Developmental Center		$	54,812	4576

YOUNGSTOWN DEVELOPMENTAL CENTER	4577

C59045		Youngstown Developmental Center		$	24,400		4578
Total Youngstown Developmental Center				$	24,400		4579

TOTAL Department of Mental Retardation			4580
and Developmental Disabilities	$	~~10,892,552~~ 10,792,552	4581
TOTAL Mental Health Facilities Improvement Fund	$	~~43,684,415~~ 43,084,415	4582

Reappropriations

Sec. 301.40.10. CTC CINCINNATI STATE TECHNICAL AND COMMUNITY	4584
COLLEGE	4585

C36100	Interior Renovations	$	2,258	4586
C36101	Basic Renovations	$	4,771	4587
C36102	Health Professions Building Planning	$	1,468	4588
C36103	Instructional and Data Processing Equipment	$	344,030	4589
C36109	Brick Repair and Weatherproofing	$	225,359	4590
C36110	Energy Management-Motor Replacement	$	377,899	4591
C36111	Roof Replacement	$	661,573	4592
C36112	Neighborhood Health Care	$	175,000	4593
C36113	Freestore Foodbank	$	500,000	4594
C36122	Mayerson Center	$	500,000	4595
Total Cincinnati State Community College		$	~~2,292,358~~ 2,792,358	4596

Reappropriations

Sec. 301.60.50. STC STARK TECHNICAL COLLEGE

4598

C38900	Basic Renovations	$	374,496	4599
C38901	Instructional and Data Processing Equipment	$	22,356	4600
C38903	Timken Regional Campus Technology Project	$	219,659	4601
C38912	Health and Science Building	$	4,814,648	4602
Total Stark Technical College		$	5,431,159	4603
TOTAL Higher Education Improvement Fund		$	~~828,056,976~~ 828,556,976	4604

Section 203.02. That existing Sections 201.60.20, 201.60.30,	4606
301.40.10, and 301.60.50 of H.B. 496 of the 127th General Assembly	4607
are hereby repealed.	4608

Section 205.01. That Sections 231.10.20, 231.20.30,	4609
233.30.40, and 233.40.10 of Am. Sub. H.B. 562 of the 127th	4610
General Assembly be amended to read as follows:	4611

Appropriations

Sec. 231.10.20. DMH DEPARTMENT OF MENTAL HEALTH

4612

C58000	Hazardous Material Abatement	$	500,000	4613
C58001	Community Assistance Projects	$	~~9,160,000~~ 9,410,000	4614
C58006	Patient Care Environment Improvement	$	3,700,000	4615
C58007	Infrastructure Improvements	$	4,600,000	4616
C58010	Campus Consolidation	$	83,700,000	4617
C58017	Bellefaire Jewish Children's Bureau	$	400,000	4618
C58018	Safety and Security Improvements	$	1,460,000	4619
C58019	Energy Conservation Projects	$	750,000	4620
C58020	Mandel Jewish Community Center	$	210,000	4621
C58021	Providence House	$	200,000	4622
Total Department of Mental Health		$	~~104,680,000~~ 104,930,000	4623

COMMUNITY ASSISTANCE PROJECTS

4624

Of the foregoing appropriation item C58001, Community	4625
Assistance Projects, $260,000 shall be used for the Christian	4626
Children's Home, $200,000 shall be used for the Michael's House	4627
Child Advocacy Center, $100,000 shall be used for the Children's	4628
Home of Cincinnati, $100,000 shall be used for the Achievement	4629
Centers for Children, $100,000 shall be used for the Shaw JCC,	4630
$100,000 shall be used for Someplace Safe, $250,000 shall be used	4631
for Magnolia Clubhouse, and $300,000 shall be used for the	4632
Berea Children's Home.	4633

Appropriations

Sec. 231.20.30. DMR DEPARTMENT OF MENTAL RETARDATION AND	4634
DEVELOPMENTAL DISABILITIES	4635

STATEWIDE AND CENTRAL OFFICE PROJECTS	4636

C59004	Community Assistance Projects	$	~~13,301,537~~ 13,551,537	4637
C59022	Razing of Buildings	$	200,000	4638
C59024	Telecommunications	$	400,000	4639
C59029	Generator Replacement	$	1,000,000	4640
C59034	Statewide Developmental Centers	$	4,294,237	4641
C59050	Emergency Improvements	$	500,000	4642
C59051	Energy Conservation	$	500,000	4643
C59052	Guernsey County MRDD Boiler Replacement	$	275,000	4644
~~C59053~~	~~Magnolia Clubhouse~~	$	~~250,000~~	4645
C59054	Recreation Unlimited Life Center - Delaware	$	150,000	4646
C59055	Camp McKinley Improvements	$	30,000	4647
C59056	The Hope Learning Center	$	250,000	4648
~~C59057~~	~~North Olmstead Welcome House~~	$	~~150,000~~	4649
Total Statewide and Central Office Projects		$	~~21,300,774~~ 21,150,774	4650
TOTAL Department of Mental Retardation and Developmental Disabilities		$	~~21,300,774~~ 21,150,774	4651
TOTAL Mental Health Facilities Improvement Fund		$	~~127,330,774~~ 127,630,774	4652

COMMUNITY ASSISTANCE PROJECTS

4653

The foregoing appropriation item C59004, Community Assistance	4654
Projects, may be used to provide community assistance funds for	4655
the development, purchase, construction, or renovation of	4656
facilities for day programs or residential programs that provide	4657
services to persons eligible for services from the Department of	4658
Mental Retardation and Developmental Disabilities or county boards	4659
of mental retardation and developmental disabilities. Any funds	4660
provided to nonprofit agencies for the construction or renovation	4661
of facilities for persons eligible for services from the	4662
Department of Mental Retardation and Developmental Disabilities	4663
and county boards of mental retardation and developmental	4664
disabilities shall be governed by the prevailing wage provisions	4665
in section 176.05 of the Revised Code.	4666

Of the foregoing appropriation item C59004, Community	4667
Assistance Projects, $250,000 shall be used for North Olmsted	4668
Welcome House. Notwithstanding any provision of law to the	4669
contrary, North Olmsted Welcome House is not subject to the	4670
requirements of Chapter 153. of the Revised Code.	4671

Appropriations

Sec. 233.30.40. UCN UNIVERSITY OF CINCINNATI

4672

C26500	Basic Renovations	$	10,720,621	4673
C26501	Basic Renovations - Clermont	$	326,112	4674
C26502	Raymond Walters Renovations	$	501,195	4675
C26530	Medical Science Building Renovation & Expansion	$	26,412,509	4676
C26607	Consolidated Communication Project of Clermont County	$	475,000	4677
C26612	Clermont Renovations	$	751,132	4678
C26613	New Building	$	1,582,233	4679
C26614	Barrett Cancer Center	$	1,500,000	4680
C26615	Beech Acres	$	125,000	4681
C26616	Forest Park Homeland Security Facility	$	50,000	4682
C26617	Health Care Connection - Lincoln Heights	$	150,000	4683
C26618	People Working Cooperatively	$	120,000	4684
C26619	Sharonville Convention Center	$	950,000	4685
C26620	Society for the Prevention of Cruelty to Animals - Facility	$	100,000	4686
~~C26621~~	~~Mayerson Center~~	$	~~200,000~~	4687
Total University of Cincinnati		$	~~43,963,802~~ 43,763,802	4688

Appropriations

Sec. 233.40.10. CTC CINCINNATI STATE COMMUNITY COLLEGE

4690

C36101	Basic Renovations	$	1,255,923	4691
C36107	Classroom Upgrade Project	$	270,000	4692
C36113	Freestore Food Bank	$	100,000	4693
C36114	Lot C Parking Lot	$	250,000	4694
C36115	Ceiling Replacement	$	75,000	4695
C36116	Electrical Surge Protection	$	100,000	4696
C36117	Campus Signage	$	75,000	4697
C36118	Window and Garage Doors	$	175,659	4698
C36119	Window Replacement	$	100,000	4699
C36120	Blue Ash City Conference Center	$	150,000	4700
C36121	Hebrew Union College Archives	$	185,000	4701
C36122	Mayerson Center	$	200,000	4702
Total Cincinnati State Community College		$	~~2,736,582~~ 2,936,582	4703

Section 205.02. That existing Sections 231.10.20, 231.20.30,	4705
233.30.40, and 233.40.10 of Am. Sub. H.B. 562 of the 127th General	4706
Assembly are hereby repealed.	4707

Section 207.01. That Section 525.10 of Am. Sub. H.B. 699 of	4708
the 126th General Assembly be amended to read as follows:	4709

Sec. 525.10. (A) Pursuant to section 5911.10 of the Revised	4710
Code, the Governor is hereby authorized to execute a deed in the	4711
name of the state conveying to a buyer or buyers to be determined	4712
in the manner provided in division (C) of this section, and the	4713
buyer's or buyers' successors and assigns or heirs and assigns,	4714
all of the state's right, title, and interest in the following	4715
described parcels of real estate that the Adjutant General has	4716
determined are no longer required for armory or military	4717
purposes:	4718

Ashtabula Township. Ashtabula County. State of Ohio	4719

~~Situated in Ashtabula Township, Ashtabula County, State of Ohio:~~	4720

~~Known as being part of the Holmes Tract, and more particularly~~	4721
~~described as follows:~~	4722

~~Being a parcel of land lying on the left side of the centerline of~~	4723
~~survey for State Route 46, Section 27.06, Ashtabula County, Ohio,~~	4724
~~made by the Ohio State Department of Highways, and bounded and~~	4725
~~described as follows:~~	4726

~~Beginning at a point on grantor's southerly property line 165 feet~~	4727
~~left of station 1426/04.53; thence northwesterly to a point 160~~	4728
~~feet left of station 1429/00; thence continuing northwesterly~~	4729
~~parallel with the centerline of survey to a point 160 feet left of~~	4730
~~station 1434/00; Thence westerly to a point 175 feet left of~~	4731
~~station 1434/79.63; thence westerly to a point 184 feet left of~~	4732
~~station 1435/09, said point being in the centerline of County~~	4733
~~Highway No. 25 also known as State Road; thence south 0 degrees~~	4734
~~16', west along the centerline of State Road a distance of 290~~	4735
~~feet to the southwest corner of land conveyed to grantor by~~	4736
~~Theodore E. Warren, Trustee, in deed dated January 2, 1952 and~~	4737
~~recorded in the deed records of Ashtabula County in deed record~~	4738
~~book 469, page 520; thence south 89 degrees 34' east along~~	4739
~~grantor's south property line a distance of 532 feet to an iron~~	4740
~~pin; thence south 0 degrees 16' west 140.24 feet to an iron pin;~~	4741
~~thence south 89 degrees 34' east a distance of 264 feet to the~~	4742
~~point of beginning; and containing 2.21 acres, more or less.~~	4743

Known as lands of the State of Ohio (armory property) located in	4744
the Holmes Tract, Ashtabula Township, (Ashtabula County, State of	4745
Ohio), and further described as follows:	4746

BEGINNING at a point in the centerline of State Road where it	4747
intersects with the north right-of-way line of State Route 11;	4748

Course 1: thence NORTH 00°28'38" EAST along the centerline of	4749
State Road, 280.47 feet to the southwest corner of the Advance	4750
Land & Development Plat, as recorded in Plat Book 7, Page 50 of	4751
the Ashtabula County Record of Plats;	4752

Course 2: thence SOUTH 89°14'22" EAST along the south line of said	4753
plat, 1027.77 feet to an iron pin (passing through a stone	4754
monument in the east line of State Road);	4755

Course 3: thence SOUTH 01°17'38" WEST, 828.11 feet to an iron pin	4756
in the north right-of-way line of State Route 11;	4757

Course 4: thence along the following courses and along the north	4758
line of State Route 11 (a limited access highway);	4759

Course 5: thence NORTH 60°07'05" WEST 134.62 feet;	4760

Course 6: thence NORTH 60°33'58" WEST, 639.52 feet;	4761

Course 7: thence NORTH 64°19'13" WEST, 341.17 feet;	4762

Course 8: thence NORTH 43°23'19" WEST 43.89 feet to the Place of	4763
Beginning and containing 13.0054 acres.	4764

This description may be modified to a final form if modifications	4765
are needed to meet recordation standards in Ashtabula County,	4766
Ohio.	4767

Parcel Number: 03-015-00-003-00	4768

Prior Deed Reference: 46-5630	4769

Howey Road Armory	4770

~~Situate~~ Situated in the City of Columbus, Franklin County, State	4771
of Ohio, and being more fully described as follows:	4772

Said parcel being a part of 80.202 acres acquired from the	4773
Columbus and Southern Ohio Electric Company, December 7, 1951, and	4774
being recorded in Franklin County, Volume 1704, Page 153.	4775
Beginning at an iron pin located at the intersection of the east	4776
right-of-way of Hiawatha Park Place and the north property line of	4777
the Ohio State Fairgrounds and the east right-of-way of the North	4778
Freeway, thence north 86 degrees 43'17" east 737.59 feet along the	4779
north property line of the Ohio State Fairgrounds to a point,	4780
thence south 3 degrees 12'14" west 50 feet to a point, thence	4781
south 86 degrees 43'17" east 50 feet to a point, thence north 3	4782
degrees 12'14" east 50 feet to a point in the north property line	4783
of the Ohio State Fairgrounds, thence south 86 degrees 43'17" east	4784
17.46 feet to the northeast corner of the Ohio State Fairgrounds,	4785
thence south 3 degrees 12'14" west 1145.00 feet along the east	4786
property line of the Ohio State Fairgrounds to a point at the	4787
intersection of the east right-of-way of the north freeway, thence	4788
south 25 degrees 55'03" east 695.94 feet along the east	4789
right-of-way of the North Freeway to a point. Thence south 37	4790
degrees 46'42" east 712.00 feet to the point of beginning	4791
containing 9.42 acres, more of or less.	4792

Mount Vernon	4793

Situated in the ~~state~~ State of Ohio, ~~county~~ County of Knox, City	4794
of Mount Vernon and more particularly described as being Lots	4795
number Three Hundred Ninety (390), Three Hundred Ninety-One (391)	4796
and ten feet of the east side of Lot Number Four Hundred Seven	4797
(407), in Trimble's Addition to Mount Vernon, County of Knox and	4798
the State of Ohio, as the same are marked on the Plat of said	4799
Addition in the Recorder's Office of Knox County, Ohio, in J	4800
Book, Volume J, ~~page~~ Pages 123-124.	4801

Springfield	4802

Situated in the State of Ohio, County of Clark, Township of	4803
Springfield, and described as follows:	4804

Being part of the northwest quarter of Section 3. Township 5,	4805
Range 9, and part of the northeast quarter of Section 9, Township	4806
5, Range 9, between the Miami Rivers Survey. Beginning at a point	4807
in the center line of the Laybourne Road, north 85 degrees 27'	4808
west 370.0 feet from the intersection of said centerline with the	4809
center line of State Route 70 (Springfield and Washington C.H.	4810
Road); thence with the center line of the Laybourne Road, north 85	4811
degrees 57" west, 650.0 feet; thence north 29 degrees 46' east,	4812
248.63 feet to a pipe; thence south 80 degrees 332' east 423.24	4813
feet to the place of beginning, containing 3.20 acres.	4814

And, also to use the following described premises in conjunction	4815
with the grantors herein and under the following terms as are	4816
agreed to by the State of Ohio and the Clark County Fair Board.	4817

Beginning at the intersection of the center lines of the Laybourne	4818
Road and State Route 70; thence with the center line of the	4819
Laybourne Road, north 85 degrees 57' west, 370.0 feet; thence	4820
north 35 degrees 33 west 432.24 feet to a pipe; thence north 80	4821
degrees 33' west 134.22 feet to a pipe; thence north 54 degrees	4822
27' east, 380.0 feet; thence with the center line of State Route	4823
70, south 35 degrees 33' east 754.0 feet to the place of	4824
beginning, containing 4.27 acres.	4825

Urbana	4826

The following described property situated in the State of Ohio,	4827
County of ~~Champagne~~ Champaign:	4828

Being part of the Southwest Quarter of Section 19, Town 5, Range	4829
12, in Salem Township and bonded and described as follows:	4830
Beginning at a point in the East line of the Southwest Quarter of	4831
said Section 19. said point being 1044.46 feet, North 7 degrees 5	4832
minutes East, from the Southeast corner of the said Southwest	4833
Quarter of Section 19, Town 5, Range 12; thence North 84 degrees	4834
56 minutes West, 875 feet to a stake; thence South 7 degrees 5	4835
minutes West 225 feet to a stake; thence North 84 degrees 56	4836
minutes West, 425.10 feet to a stake; thence North 67 degrees 5	4837
minutes East, 245 feet to a stake; thence South 84 degrees 56	4838
minutes East, 1300.1 feet to a point in the East line of the said	4839
Southwest Quarter of Section 19; thence South 7 degrees 5 minutes	4840
West, along the East line of the said Southwest Quarter of Section	4841
19, 20 feet to the place of beginning, a total area of 2.791	4842
acres. Subject to the rights of the Department of Highways of the	4843
State of Ohio for highway purposes in and to 120.53 feet taken by	4844
parallel lines off the entire East end of the above described	4845
tract and subject also to the rights of the City of Urbana for	4846
highway purposes in and to approximately 79.47 feet off the West	4847
end of 200 feet taken by parallel lines off the entire East end of	4848
the above described tract.	4849

(B) At the request of the Adjutant General, the Director of	4850
Administrative Services, pursuant to the procedures described in	4851
division (C) of this section, shall assist in the sale of any of	4852
the parcels described in division (A) of this section.	4853

(C) The Adjutant General shall appraise the parcels described	4854
in division (A) of this section or have them appraised by one of	4855
more disinterested persons for a fee to be determined by the	4856
Adjutant General, and shall offer the parcels for sale as follows:	4857

(1) The Adjutant General first shall offer a parcel for sale	4858
at its appraised value to the municipal corporation or township in	4859
which it is located.	4860

(2) If, after sixty days, the municipal corporation or	4861
township has not accepted the offer to purchase the parcel at its	4862
appraised value or has accepted the offer but has failed to	4863
complete the purchase, the Adjutant General shall offer the parcel	4864
for sale at its appraised value to the county in which it is	4865
located.	4866

(3) If, after sixty days, the county has not accepted the	4867
offer to purchase the parcel at its appraised value or has	4868
accepted the offer but has failed to complete the purchase, a	4869
public auction shall be held, and the parcel shall be sold to the	4870
highest bidder at a price acceptable to the Adjutant General. The	4871
Adjutant General may reject any and all bids for any reason	4872
whatsoever.	4873

The Adjutant General shall advertise each public auction in a	4874
newspaper of general circulation within the county in which the	4875
parcel is located, once a week for two consecutive weeks before	4876
the date of the auction.	4877

The terms of sale of a parcel at a public auction shall be	4878
payment of ten per cent of the purchase price, as bid by the	4879
highest bidder, in cash, bank draft, or certified check on the	4880
date of sale, with the balance payable within sixty days after the	4881
date of sale. A purchaser who does not timely complete the	4882
conditions of the sale as prescribed in this section shall forfeit	4883
to the state the ten per cent of the purchase price paid on the	4884
date of the sale as liquidated damages.	4885

If the purchase is not completed and the sale is voided, the	4886
Adjutant General may sell the parcel to the second highest bidder	4887
at the public auction held pursuant to this section.	4888

(D) Advertising costs, appraisal fees, and other costs of the	4889
sale of the parcels described in division (A) of this section	4890
shall be paid by the Adjutant General's Department.	4891

(E) Upon the payment of ten per cent of the purchase price of	4892
a parcel described in division (A) of this section in accordance	4893
with division (C)(3) of this section, or upon notice from the	4894
Adjutant General's Department that a parcel of real estate	4895
described in division (A) of this section has been sold to a	4896
municipal corporation, township, or county in accordance with	4897
division (C) of this section, a deed shall be prepared for that	4898
parcel by the Auditor of State, with the assistance of the	4899
Attorney General, be executed by the Governor, countersigned by	4900
the Secretary of State, sealed with the Great Seal of the State,	4901
and presented for recording in the Office of the Auditor of State.	4902
Upon the grantee's payment of the balance of the purchase price,	4903
the deed shall be delivered to the grantee. The grantee shall	4904
present the deed for recording in the office of the county	4905
recorder of the county in which the parcel is located.	4906

(F) The net proceeds of the sales of the parcels described in	4907
division (A) of this section shall be deposited in the State	4908
Treasury to the credit of the Armory Improvements Fund pursuant to	4909
section 5911.10 of the Revised Code.	4910

(G) If a parcel of real estate described in division (A) of	4911
this section is sold to a municipal corporation, township, or	4912
county and that political subdivision sells that parcel within two	4913
years after its purchase, the political subdivision shall pay to	4914
the state, for deposit in the state treasury to the credit of the	4915
Armory Improvements Fund pursuant to section 5911.10 of the	4916
Revised Code, an amount representing one-half of any net profit	4917
derived from that subsequent sale. The net profit shall be	4918
computed by first subtracting the price at which the political	4919
subdivision bought the parcel from the price at which the	4920
political subdivision sold the parcel, and then subtracting from	4921
that remainder the amount of any expenditures the political	4922
subdivision made for improvements to the parcel.	4923

(H) This section expires five years after its effective date.

4924

Section 207.02. That existing Section 525.10 of Am. Sub. H.B.	4925
699 of the 126th General Assembly is hereby repealed.	4926

Section 301. (A) This section applies to any school district	4927
that meets all of the following conditions:	4928

(1) The district received approval from the Controlling Board	4929
for a classroom facilities project under sections 3318.01 to	4930
3318.20 of the Revised Code after July 1, 2007, and prior to June	4931
24, 2008, and the project had not been completed as of the	4932
effective date of this section.	4933

(2) Within one year after the date the Controlling Board	4934
approved the project described in division (A)(1) of this section,	4935
the district's electors approved a bond issue to pay the	4936
district's portion of the basic project cost or the district board	4937
of education complied with section 3318.052 of the Revised Code.	4938

(3) The district previously received classroom facilities	4939
assistance under sections 3318.01 to 3318.20 or section 3318.37 of	4940
the Revised Code within the twenty-year period prior to the date	4941
the Controlling Board approved the project described in division	4942
(A)(1) of this section.	4943

(B) Notwithstanding anything to the contrary in section	4944
3318.032 of the Revised Code, for each school district to which	4945
this section applies, the Ohio School Facilities Commission shall	4946
recalculate the district's portion of the basic project cost for	4947
the project described in division (A)(1) of this section in	4948
accordance with division (D) of section 3318.032 of the Revised	4949
Code. In making the calculation, the Commission shall use data for	4950
the district that was current at the time the Controlling Board	4951
approved the project and shall not use any updated data. If the	4952
calculation produces a lesser amount than the district's portion	4953
of the basic project cost as previously calculated under section	4954
3318.032 of the Revised Code, the amount calculated under this	4955
division shall be the district's new portion of the basic project	4956
cost. In that case, the Commission shall revise the agreement	4957
entered into under section 3318.08 of the Revised Code to reflect	4958
the district's portion of the basic project cost as determined	4959
under this division.	4960

Section 303. Notwithstanding sections 101.02 and 101.27 of	4961
the Revised Code, during calendar years 2009 and 2010, the members	4962
of the Senate elected president, president pro tempore, majority	4963
floor leader, majority whip, minority leader, assistant minority	4964
leader, minority whip, and assistant minority whip shall receive	4965
salary payments equal to the amounts paid under section 101.27 of	4966
the Revised Code to the members of the House of Representatives	4967
elected speaker, speaker pro tempore, majority floor leader,	4968
assistant majority floor leader, minority leader, assistant	4969
minority leader, minority whip, and assistant minority whip,	4970
respectively.	4971

Section 305. HOME FIRST PROGRAM - ASSISTED LIVING

4972

On a quarterly basis, on receipt of the certified assisted	4973
living costs related to section 5111.894 of the Revised Code, the	4974
Director of Budget and Management may do the following:	4975

(A) Transfer the state share of the amount of the estimated	4976
costs from GRF appropriation item 600525, Health Care/Medicaid, to	4977
GRF appropriation item 490422, Assisted Living Waiver;	4978

(B) Increase the appropriation in Fund 3C40, appropriation	4979
item 490622, Assisted Living - Federal, by the federal share of	4980
the amount of the actual expenditures; and	4981

(C) Increase the appropriation in Fund 3G50, appropriation	4982
item 600655, Interagency Reimbursement, by the federal share of	4983
the amount of actual expenditures.	4984

The funds that the Director of Budget and Management	4985
transfers and increases under this division are hereby	4986
appropriated.	4987

Section 307. (A) The Task Force on Law Library Associations	4988
created pursuant to Section 503.06 of Am. Sub. H.B. 66 of the	4989
126th General Assembly is hereby reconstituted. The appointing	4990
authority shall fill any vacancies on the reconstituted Task	4991
Force.	4992

(B) The Task Force shall help educate the county law library	4993
resources boards with regards to the new structure and	4994
organization of county law libraries, facilitate the establishment	4995
of the county law library resources boards, including the	4996
transition of the management of county law libraries from the law	4997
library associations to the county law library resources boards,	4998
and monitor the necessary and proper expenditure of the county law	4999
library resources fund, as provided for in section 307.514 of the	5000
Revised Code.	5001

(C) The Task Force shall submit a final report to the Speaker	5002
and Minority Leader of the House of Representatives and the	5003
President and Minority Leader of the Senate by December 31, 2011.	5004
Upon submission of its report, the Task Force shall cease to	5005
exist.	5006

(D) Sections 101.82 to 101.87 of the Revised Code do not	5007
apply to the Task Force.	5008

Section 309. (A) On or before January 1, 2010, a law library	5009
association shall transfer both of the following to the county	5010
law library resources board in the county in which the law	5011
library association is located:	5012

(1) All unspent fines and penalties in the law library's	5013
general fund and retained moneys fund collected pursuant to	5014
sections 3375.50 to 3375.53 of the Revised Code, as amended or	5015
repealed by this act;	5016

(2) All personal property that the law library association	5017
can reasonably identify as having been purchased by the fines and	5018
penalties in the law library's general fund or retained moneys	5019
fund collected pursuant to sections 3375.50 to 3375.53 of the	5020
Revised Code, as amended or repealed by this act.	5021

(B) The law library association shall retain all dedicated	5022
moneys or personal property that were not purchased with the fines	5023
and penalties in the law library's general revenue fund or	5024
retained moneys fund.	5025

Section 311. With respect to a person employed by a law	5026
library association referred to in section 3375.48 of the Revised	5027
Code, as repealed by this act, immediately preceding the	5028
effective date of this section and upon that person's employment	5029
by a county law library resources board, the board shall use the	5030
following methods for determining the employee's vacation	5031
accrual rate and credit for accrued but unused vacation leave	5032
and sick leave:	5033

(A) For the librarian and assistant librarians who received	5034
compensation pursuant to section 3375.49 of the Revised Code, as	5035
amended and repealed by this act, and were paid upon warrant of	5036
the county auditor, the county law library resources board shall	5037
do all of the following:	5038

(1) Credit to the employee accrued but unused sick leave	5039
acquired during service with the law library association as if the	5040
employee were transferring from one public agency to another	5041
public agency pursuant to section 124.38 of the Revised Code;	5042

(2) Consider all of the employee's prior service with the law	5043
library association as service with the county for purposes of	5044
determining years of service pursuant to section 325.19 of the	5045
Revised Code;	5046

(3) One of the following:

5047

(a) Compensate the employee for accrued but unused vacation	5048
leave acquired during service with the law library association at	5049
the employee's final rate of pay while employed by the	5050
association, except that this compensation of vacation leave shall	5051
not exceed the vacation leave a county employee is permitted to	5052
earn and accumulate under section 325.19 of the Revised Code;	5053

(b) Credit to the employee accrued but unused vacation leave	5054
acquired during service with the law library association, except	5055
that this credited vacation leave shall not exceed the vacation	5056
leave a county employee is permitted to earn and accumulate under	5057
section 325.19 of the Revised Code.	5058

(B) For all employees of the law library association not	5059
specified in division (A) of this section, the county law library	5060
resources board may do either of the following by resolution:	5061

(1) Credit to the employee all or any part of accrued but	5062
unused sick leave acquired during service with the law library	5063
association as if the employee were transferring from one public	5064
agency to another public agency pursuant to section 124.38 of the	5065
Revised Code;	5066

(2) Consider all or any part of the employee's prior service	5067
with the law library association as service with the county for	5068
purposes of determining years of service pursuant to section	5069
325.19 of the Revised Code.	5070

(C) Any resolution the law library resources board adopts	5071
pursuant to division (B) of this section shall not be effective if	5072
the board of county commissioners rejects the resolution within	5073
thirty days of receiving the resolution.	5074

Section 313. (A) The Ohio General Assembly finds that the	5075
effectiveness of state programs can be evaluated better if	5076
relevant information is collected throughout the programs'	5077
implementation and that the citizens of Ohio will benefit from	5078
useful data about state programs becoming available for public	5079
policy research. In response to these findings, there is hereby	5080
created the Governor's Policy Information Working Group to	5081
consider and recommend policies and procedures that may be	5082
adopted by state agencies regarding the identification and	5083
collection of program information and its dissemination to the	5084
public. Such policies and procedures shall include, but are not	5085
limited to, the manner in which program information is to be	5086
collected and retained during the implementation of a program and	5087
policies to ensure that program information can be easily	5088
accessed by the public.	5089

(B) The Working Group shall consist of the following members,	5090
as well as additional members appointed as provided in division	5091
(C) of this section:	5092

(1) The Director of Administrative Services, or the	5093
Director's designee;	5094

(2) The Director of Aging, or the Director's designee;

5095

(3) The Director of Agriculture, or the Director's designee;

5096

(4) The Chancellor of the Board of Regents, or the	5097
Chancellor's designee;	5098

(5) The Director of Budget and Management, or the Director's	5099
designee;	5100

(6) The Director of Commerce, or the Director's designee;

5101

(7) The Director of Development, or the Director's designee;

5102

(8) The Director of Environmental Protection, or the	5103
Director's designee;	5104

(9) The Director of Health, or the Director's designee;

5105

(10) The Director of Job and Family Services, or the	5106
Director's designee;	5107

(11) The Director of Mental Health, or the Director's	5108
designee;	5109

(12) The Director of Public Safety, or the Director's	5110
designee;	5111

(13) The Director of Rehabilitation and Correction, or the	5112
Director's designee;	5113

(14) The Tax Commissioner, or the Tax Commissioner's	5114
designee;	5115

(15) The Director of Transportation, or the Director's	5116
designee;	5117

(16) The Governor, or the Governor's designee.

5118

(C) The Working Group may appoint additional members as	5119
deemed necessary and useful by the Working Group.	5120

(D) The Working Group shall convene for its inaugural meeting	5121
within sixty days of the effective date of this section as	5122
summoned by the Governor. The Director of Budget and Management	5123
and the Tax Commissioner, or their designees, shall serve as	5124
co-chairpersons of the Working Group. Commencing with fiscal year	5125
2010, the Working Group shall meet not less than four times per	5126
fiscal year.	5127

(E) Not later than December 1, 2009, the Working Group shall	5128
deliver an interim report of its activities, findings, and	5129
recommendations to the Speaker of the House of Representatives,	5130
the Minority Leader of the House of Representatives, the President	5131
of the Senate, the Minority Leader of the Senate, and the	5132
Governor. In addition, the Working Group shall deliver, on the	5133
first day of August in 2010 and 2011, an annual report to the	5134
Speaker of the House of Representatives, the Minority Leader of	5135
the House of Representatives, the President of the Senate, the	5136
Minority Leader of the Senate, and the Governor. The annual	5137
report shall summarize the activities, findings, and	5138
recommendations of the Working Group for the previous fiscal year,	5139
except that the August 2010 annual report shall incorporate the	5140
portion of the interim report addressing fiscal year 2010. The	5141
Working Group shall cease to exist after making its report in	5142
2011.	5143

Section 401. (A) The Governor is hereby authorized to	5144
execute a deed in the name of the state conveying to the	5145
Williamsburg Local School District, Clermont County, State of	5146
Ohio, and its successors and assigns, all of the state's right,	5147
title, and interest in the following described real estate:	5148

Situated in the State of Ohio, Clermont County, Williamsburg	5149
Township and in Daniel DeBenneville's Military Survey #2810 of the	5150
Virginia Military District, more particularly described as	5151
follows:	5152

Beginning at an iron pin in the northwest right-of-way line	5153
of Old State Route #32, said pin being in the south patent line of	5154
said Daniel DeBenneville's Military Survey #2810, North 54 deg. 39	5155
min. 36 sec. West, 52.05 feet from the intersection of said patent	5156
line with the centerline of said Old State Route #32;	5157

thence, leaving said old State Route #32 with said patent	5158
line, North 54 deg. 39 min. 36 sec. West, 781.22 feet to an iron	5159
pipe;	5160

thence, leaving said patent line, North 35 deg. 12 min. 55	5161
sec. East, 119.89 feet to an iron pin;	5162

thence, North 25 deg. 54 min. 05 sec. East, 505.23 feet to an	5163
iron pipe;	5164

thence, South 59 deg. 03 min. 27 sec. East, 86.43 feet to a	5165
fence corner post;	5166

thence, North 32 deg. 05 min. 00 sec. East, 722.19 feet to a	5167
fence corner post;	5168

thence South 57 deg. 20 min. 07 sec. East, 433.76 feet to a	5169
fence corner post;	5170

thence, North 32 deg. 55 min. 52 sec. East, 169.16 feet to a	5171
fence corner post;	5172

thence, South 57 deg. 04 min. 46 sec. East, 838.80 feet to an	5173
iron pipe;	5174

thence, South 27 deg. 51 min. 07 sec. West, 344.31 feet to an	5175
iron pin in said northwest right-of-way of old State Route #32;	5176

thence with said right-of-way, North 70 deg. 10 min. 11 sec.	5177
West, 2.33 feet to an iron pin;	5178

thence, still with said right-of-way, South 16 deg. 24 min.	5179
50 sec. West, 11.64 feet to an iron pin;	5180

thence, leaving said right-of-way, south 27 deg. 51 min. 07	5181
sec. West, 93.99 feet to an iron pin;	5182

thence, South 32 deg. 32 min. 15 sec. West, 129.20 feet to an	5183
iron pin in said northwest right-of-way;	5184

thence, with said right-of-way for the next four courses,	5185
with a curve to the right said curve having a radius of 2794.79	5186
feet, a chord bearing South 59 deg. 41 min. 23 sec. West, 699.44	5187
feet, and an arc length of 701.28 feet to an iron pin;	5188

thence South 82 deg. 18 min. 43 sec. West, 100.28 feet toan	5189
iron pin;	5190

thence, South 55 deg. 09 min. 18 sec. West, 202.84 feet to an	5191
iron pin;	5192

thence, with a curve to the right, said curve having a radius	5193
of 2824.79 feet, a chord bearing South 74 deg. 09 min. 55 sec.	5194
West, 126.92 feet, and an arc length of 126.94 feet to the	5195
beginning, CONTAINING 39.274 acres of land;	5196

subject to all legal highways and easements.

5197

The above description is taken from and in accordance with a	5198
survey and plat dated July 23, 1979 by Robert W. Piper, P.S., Ohio	5199
Reg. #S5964. LAST DEED REFERENCE: Volume 641, Page 68, Clermont	5200
County, Ohio Deed Records.	5201

(B) Consideration for conveyance of the real estate described	5202
in division (A) of this section is the purchase price of ten	5203
dollars. This property was originally conveyed from Ronald H.	5204
Stern, Trustee, on behalf of the Williamsburg Local School	5205
District to the State of Ohio as collateral for issued school	5206
construction facility bonds. Once the construction project was	5207
completed, the state was to have conveyed title to the real estate	5208
back to the Williamsburg Local School District, which conveyance	5209
never occurred. This section corrects that oversight.	5210

(C) The real estate described in division (A) of this section	5211
shall be sold as an entire tract and not in parcels.	5212

(D) The Williamsburg Local School District shall pay all	5213
costs associated with the purchase and conveyance of the real	5214
estate described in division (A) of this section, including	5215
recordation costs of the deed.	5216

(E) Possession of the premises prior to transfer shall be	5217
governed by an existing interim lease between the state and the	5218
Williamsburg Local School District.	5219

(F) Upon payment of the purchase price, the Auditor of State,	5220
with the assistance of the Attorney General, shall prepare a deed	5221
to the real estate described in division (A) of this section. The	5222
deed shall be executed by the Governor in the name of the state,	5223
countersigned by the Secretary of State, sealed with the Great	5224
Seal of the State, presented in the Office of the Auditor of State	5225
for recording, and delivered to the Williamsburg Local School	5226
District. The School District shall present the deed for recording	5227
in the Office of the Clermont County Recorder.	5228

(G) The net proceeds of the sale of the real estate described	5229
in division (A) of this section shall be deposited in the State	5230
Treasury to the credit of the General Revenue Fund.	5231

(H) This section expires one year after its effective date.

5232

Section 403. (A) The Governor is hereby authorized to execute	5233
a deed in the name of the state conveying to Res-Care Ohio, Inc.,	5234
of Ohio, and its successors and assigns, all of the state's right,	5235
title, and interest in the following described real estate:	5236

SITUATED in the County of Franklin, State of Ohio and in the	5237
Township of Clinton, and bounded and described as follows:	5238

Being a part of Quarter Township Number One, Township Number	5239
One, Range Eighteen United States Military Lands, and being a part	5240
of Lot Number Ten of the Scioto Company subdivision of said	5241
Quarter Township Number One.	5242

BEGINNING at a point in the east line of said Lot No. Ten 208	5243
feet south of the northeast corner thereof, this said point being	5244
on the center line of Karl Road;	5245

THENCE westerly and parallel with the north of said Lot No.	5246
10, passing an iron pin at the west line marked by an iron pin;	5247

THENCE southerly and approximately parallel with the center	5248
line of Karl Road, 208 feet to a point, which point is witnessed	5249
and marked by an iron pin;	5250

THENCE easterly and parallel with the north line of said Lot	5251
No. 10, passing an iron pin at the west line of Karl Road, 1045.8	5252
feet to a point in the center line of Karl Road;	5253

THENCE northerly, following the center line of Karl Road,	5254
which center line is also the east line of the said Lot No. 10,	5255
208 feet to the point and place of beginning, the said above	5256
described premises containing 4.995 acres, more or less, subject	5257
to all legal highways, and being further described as Parcel No.	5258
20 of the recorded plat of "Pegg Farm Parcels" of record in Volume	5259
42, on Page 332 of Franklin County Miscellaneous Records, to which	5260
record reference is hereby made.	5261

EXCEPTING therefrom a strip of land 37.5 feet in width off	5262
the entire east side of the said 4.995-acre tract, said 37.5-foot	5263
strip of land being west of and adjacent to the center line of	5264
Karl Road and extending from the south property line to the north	5265
property line, a distance of 208 feet; containing 0.179 acres more	5266
or less of which the present road occupies 0.119 acres.	5267

Prior Deed Reference: Deed Volume 3744, Page 352.

5268

(B) Consideration for the conveyance of the real estate	5269
described in division (A) of this section is the purchase price of	5270
one hundred twelve thousand ninety-six dollars.	5271

(C) The real estate described in division (A) of this section	5272
shall be sold as an entire tract and not in parcels.	5273

(D) Prior to the execution of the deed described in division	5274
(E) of this section, possession of the real estate described in	5275
division (A) of this section shall be governed by an existing	5276
interim lease between the state and Res-Care Ohio, Inc.	5277

(E) Upon payment of the purchase price, the Auditor of State,	5278
with the assistance of the Attorney General, shall prepare a deed	5279
to the real estate described in division (A) of this section. The	5280
deed shall state the consideration. The deed shall be executed by	5281
the Governor in the name of the State, countersigned by the	5282
Secretary of State, sealed with the Great Seal of the State,	5283
presented in the Office of the Auditor of State for recording, and	5284
delivered to Res-Care Ohio, Inc. Res-Care Ohio, Inc., shall	5285
present the deed for recording in the Office of the Franklin	5286
County Recorder.	5287

(F) The deed shall contain a deed restriction that Res-Care	5288
Ohio, Inc., shall continue to operate an existing residential	5289
facility located on the real estate described in division (A) of	5290
this section for individuals with mental retardation and	5291
developmental disabilities for a period of time not less than five	5292
years from the date of closing.	5293

(G) The deed shall contain a deed restriction that prohibits	5294
Res-Care Ohio, Inc., from selling, conveying, or transferring	5295
ownership of the real estate described in division (A) of this	5296
section for a period of time not less than five years from the	5297
date of closing.	5298

(H) The deed shall contain a provision that in the event of	5299
default or breach by Res-Care Ohio, Inc., on either division (F)	5300
or (G) of this section, Res-Care Ohio, Inc., shall immediately pay	5301
to the Ohio Department of Mental Retardation and Developmental	5302
Disabilities the sum equal to the Department's investment in the	5303
premises, $1,008,866.66.	5304

(I) Res-Care Ohio, Inc., shall pay the costs of the	5305
conveyance of the real estate described in division (A) of this	5306
section.	5307

(J) The net proceeds of the sale of the parcel described in	5308
this section shall be deposited in the State Treasurey to the	5309
credit of the Residential Facilities Support Fund within the	5310
Department of Mental Retardation and Developmental Disabilities.	5311

(K) This section shall expire one year after its effective	5312
date.	5313

Section 405. (A) The Governor is hereby authorized to	5314
execute a deed in the name of the State conveying to a buyer or	5315
buyers to be determined in the manner provided in division (B) of	5316
this section, all of the state's right, title, and interest in the	5317
following described real estate that the Director of	5318
Administrative Services has determined is no longer required for	5319
State of Ohio purposes:	5320

Situated in the State of Ohio, County of Gallia, Township of	5321
Addison, being in Section 13, Town 4 N, Range 14 W, Ohio Company	5322
Purchase. Being part of that parcel of land described in Volume	5323
180 Page 825, conveyed to the State of Ohio, and being more	5324
particularly described as follows:	5325

Commencing at a Concrete Monument found at centerline station	5326
933+36.19, said monument and stationing referenced to right of way	5327
plan Gal-35-13.45;	5328

thence S 86°42' 42" W along a random line a distance of	5329
185.72 feet to an iron pin set in the existing right of way line	5330
of S.R. 735 at 120.00 feet left of centerline station 931+95.16,	5331
and being the Grantors south east comer, said point being the True	5332
Place of Beginning;	5333

thence leaving said right of way line and along the Grantors	5334
southerly property line N 87° 24' 01" W (passing an iron pin found	5335
"Lambert" at 2.92 feet) a total distance of 403.54 feet to an iron	5336
pin set;	5337

thence leaving said Grantors southerly property line the	5338
following nine courses:	5339

1) N 02° 37' 33" E a distance of 14.43 feet to an iron pin	5340
set;	5341

2) N 82° 15' 08" W a distance of 52.52 feet to an iron pin	5342
set;	5343

3) N 64° 14' 07"W a distance of 103.83 feet to an iron pin	5344
set;	5345

4) N 75° 59' 40" W a distance of 108.67 feet to an iron pin	5346
set;	5347

5) N 83° 14' 38" W a distance of 109.48 feet to an iron pin	5348
set;	5349

6) N 88° 17' 52" W a distance of 105.23 feet to an iron pin	5350
set;	5351

7) S 88° 24' 56" W a distance of 100.13 feet to an iron pin	5352
set;	5353

8) N 89° 31' 31" W a distance of 271.48 feet to an iron pin	5354
set;	5355

9) S 86° 28' 30" W a distance of 170.51 feet to an iron pin	5356
set on the Grantors westerly property line;	5357

thence along the Grantors westerly property line N 19° 29' 41	5358
" E a distance of 378.98 feet to an iron pin found;	5359

thence along the Grantors northerly property line S 87° 20'	5360
08" E (passing an iron pin found at 670.77 feet and an iron pin	5361
set at 1603.75 feet) a total distance of 1702.02 feet to	5362
centerline station 937+47.45, 156.21 feet left, said point also	5363
being on the existing right of way line of State Route 735;	5364

thence along said existing right of way line, also being the	5365
Grantors easterly property line S 60° 58' 53" W a distance of	5366
12.57 feet to centerline station 937+36.19, 157.62 feet left;	5367

thence along said existing right of way line S 46° 19' 04" W	5368
(passing an iron pin set at 203.63 feet) a total distance of	5369
421.16 feet to an iron pin set;	5370

thence along said existing right of way line S 46° 19' 02'1 W	5371
a distance of 141.03 to the Place of Beginning. The above	5372
described area of 13.240 acres, including the present road which	5373
occupies 0.00 acres is contained with Auditor's Parcel No.	5374
002-355-192-00 which contains 14.860 acres more or less. Subject	5375
to all legal easements and rights of way. All iron pins set are	5376
5/8" x 30" with an attached plastic identification cap. (ODOT	5377
District 10). Grantor claims title by instrument(s) recorded in	5378
Volume 180, Page 825, in the Gallia County Recorder's Office. The	5379
bearings are based on the State Plane Coordinate System Ohio	5380
South, NAD 83 (NSRS2007).	5381

(B) The Director of Administrative Services shall offer the	5382
real estate, improvements, and chattels located on the parcel	5383
described in division (A) of this section for sale, "as is," in	5384
its present condition according to the following process:	5385

(1) The real estate described in division (A) of this section	5386
shall be sold as an entire parcel and not subdivided.	5387

(2) The Ohio Department of Mental Retardation and	5388
Developmental Disabilities, with the assistance of the Ohio	5389
Department of Administrative Services, shall have the parcel	5390
described in division (A) of this section appraised by one or more	5391
disinterested persons for a fee to be determined by and paid by	5392
the Department of Mental Retardation and Developmental	5393
Disabilities. The Director of Administrative Services shall then	5394
offer the real estate at the appraised value to the Board of	5395
County Commissioners of Gallia County.	5396

(3) If, after thirty days, the Board of County Commissioners	5397
of Gallia County has declined the offer to purchase the real	5398
estate at the appraised value, or if the Board of County	5399
Commissioners of Gallia County has accepted the offer (by	5400
executing a document entitled an "Offer to Purchase Real Estate"	5401
with the Director of Administrative Services which shall establish	5402
the terms of the conveyance) but has failed to complete the	5403
purchase, the Director of Administrative Services shall offer the	5404
real estate at the appraised value to the Board of Trustees of	5405
Addison Township.	5406

(4) If, after thirty days, the Addison Township Trustees have	5407
declined the offer to purchase the real estate at the appraised	5408
value, or if the East Union Township Trustees has accepted the	5409
offer (by executing a document entitled an "Offer to Purchase Real	5410
Estate" with the Director of Administrative Services which shall	5411
establish the terms of the conveyance) but has failed to complete	5412
the purchase, the Director of Administrative Services shall	5413
conduct a public auction and the real estate shall be sold to the	5414
highest bidder at a price acceptable to both the Director of	5415
Administrative Services and the Director of Mental Retardation and	5416
Developmental Disabilities.	5417

The Director of Administrative Services shall advertise the	5418
public auction in a newspaper of general circulation within Gallia	5419
County once a week for three consecutive weeks prior to the date	5420
of the auction. The Director of Administrative Services may reject	5421
any and all bids from the public auction. The terms of sale shall	5422
be ten per cent of the purchase price in cash, bank draft, or	5423
certified check on the date of sale, with the balance payable	5424
within sixty days after the date of sale. A purchaser who does not	5425
complete the conditions of the sale as prescribed in this division	5426
shall forfeit the ten per cent of the purchase price presented at	5427
the time of sale to the state as liquidated damages. Should a	5428
purchaser not complete the conditions of sale as described herein,	5429
the Director of Administrative Services is authorized to accept	5430
the next highest bid by collecting ten per cent of the revised	5431
purchase price from that bidder and proceed to close the sale,	5432
providing the secondary bid meets all other criteria provided for	5433
in this section.	5434

(5) Advertising costs, appraisal fees, and other costs	5435
incident to the sale of real estate described in division (A) of	5436
this section shall be paid by the Department of Mental Retardation	5437
and Developmental Disabilities.	5438

(6) Upon notice from the Director of Administrative Services	5439
that the parcel of real estate described in division (A) of this	5440
section has been sold, the Auditor of State, with the assistance	5441
of the Attorney General, shall prepare a deed to the real estate	5442
to the purchaser identified by the Director of Administrative	5443
Services. The deed shall be executed by the Governor,	5444
countersigned by the Secretary of State, presented in the Office	5445
of the Auditor of State for recording, and delivered to the	5446
grantee at closing and upon the grantee's payment of the balance	5447
of the purchase price. The grantee shall present the deed for	5448
recording in the Gallia County Recorder's Office.	5449

(7) The net proceeds of the sale of the parcel described in	5450
division (A) of this section shall be deposited in the state	5451
treasury to the credit of Fund 1520, Miscellaneous Revenue.	5452

(C) This section expires three years after its effective	5453
date.	5454

Section 407. (A) The Governor is hereby authorized to	5455
execute a deed in the name of the state conveying to the City of	5456
Gallipolis, Gallia County, Ohio, and its successors and assigns,	5457
all of the state's right, title, and interest in the following	5458
described real estate:	5459

Situated in Range 14, Township 3, Sections 23 and 29,	5460
Gallipolis City Township, Gallia County, State of Ohio	5461

Beginning at the intersection of the centerline of Mill Creek	5462
Road and the centerline of Ohio Avenue and being the true point of	5463
beginning for the following described real estate,	5464

Thence leaving the said intersection and following the	5465
centerline of Mill Creek Road, SOUTH 22° 15' 26" WEST; 48.40 feet	5466
to a point,	5467

Thence leaving the said centerline of Mill Creek Road and	5468
following the common property line of now or formerly The State of	5469
Ohio volume 60 page 542 and now or formerly The City of Gallipolis	5470
volume 242 page 511 the next eight (8) bearings and distances,	5471

Thence NORTH 49° 53' 49" WEST; 521.68 feet to an iron pin	5472
SET,	5473

Thence along a curve to the left having a radius of 300.00	5474
feet, an arc length of 359.93 feet, and a chord bearing of SOUTH	5475
41°48'28" WEST; for 338.73 feet to a point,	5476

Thence SOUTH 07°26' 13" WEST; 77.52 feet to a point,

5477

Thence along a curve to the right having a radius of 285.00	5478
feet, an arc length of 501.60 feet, and a chord bearing of SOUTH	5479
57°11' 19" WEST; for 439.32 feet to an iron pin SET,	5480

Thence NORTH 74°40'10" WEST; 79.56 feet to an iron pin SET,

5481

Thence along a curve to the left having a radius of 300.00	5482
feet, an arc length of 92.86 feet, and a chord bearing of NORTH	5483
80° 14' 18" WEST; for 92.49 feet to an iron pin SET,	5484

Thence along a curve to the left having a radius of 300.00	5485
feet, an arc length of 202.85 feet, and a chord bearing of SOUTH	5486
71°31'26" WEST; for 199.01 feet to a point,	5487

Thence SOUTH 50°04' 11" WEST; 15.00 feet to an iron pin SET	5488
on the common property line of said now or formerly City of	5489
Gallipolis volume 242 page 511 and now or formerly First Baptist	5490
Church volume 300 page 577,	5491

Thence continuing along the said common property line of now	5492
or formerly The State of Ohio volume 60 page 542 and now or	5493
formerly The City of Gallipolis volume 242 page 511 and following	5494
common property line of now or formerly The State of Ohio volume	5495
60 page 542 and now or formerly First Baptist Church volume 300	5496
page 577, NORTH 39°55'49" WEST; 50.00 feet to a point in the	5497
centerline of Ohio Avenue.	5498

Thence leaving the said common property line of now or	5499
formerly The State of Ohio volume 60 page 542 and now or formerly	5500
First Baptist Church volume 300 page 577 and following the	5501
centerline of Ohio Avenue the following two (2) bearings and	5502
distances,	5503

Thence SOUTH 50°05'10" WEST; 1149.71 feet to a point,

5504

Thence SOUTH 42°09' 15" EAST; 390.11 feet to a point,

5505

Thence leaving the said centerline of Ohio Avenue, SOUTH	5506
47°50'45" WEST; 12.67 feet to the most Southeasterly corner of Lot	5507
#4 of the Colonial Subdivision,	5508

Thence along the Southwest right of way line of Ohio Avenue,	5509
NORTH 42°09' 15" WEST; 420.94 feet to a point,	5510

Thence leaving the said Southwest right of way line of Ohio	5511
Avenue and following the Northwest right of way line of Ohio	5512
Avenue the next two (2) bearings and distances,	5513

Thence NORTH 49°11' 13" EAST; 437.47 feet to a point on the	5514
Southeast corner of Lot #1 of the Colonial Subdivision Number 2,	5515

Thence SOUTH 39°47'33" EAST; 27.23 feet to a point,

5516

Thence leaving the Northwest right of way line of Ohio Avenue	5517
and following a line that is generally parallel to and a minimum	5518
of 0.50 feet outside the existing edge of pavement of said Ohio	5519
Avenue the following eleven (11) bearings and distances,	5520

Thence NORTH 49°49'51" EAST; 602.71 feet to an iron in SET,

5521

Thence NORTH 52°13'57" EAST; 165.73 feet to an iron pin SET,

5522

Thence along a curve to the right having a radius of 286.00	5523
feet, an arc length of 264.73 feet, and a chord bearing of NORTH	5524
78°45'01" EAST; for 255.38 feet to an iron pin SET,	5525

Thence SOUTH 74°43'55" EAST; 112.44 feet to an iron pin SET,

5526

Thence along a curve to the left having a radius of 384.46	5527
feet, an arc length of 126.50 feet, and a chord bearing of SOUTH	5528
84°09'28" EAST; for 125.93 feet to an iron pin SET at a point of	5529
compound curvature,	5530

Thence along a curve to the left having a radius of 166.45	5531
feet, an arc length of 171.93 feet, and a chord bearing of NORTH	5532
56°49'32" EAST; for 164.39 feet to an iron pin SET at a point of	5533
compound curvature,	5534

Thence along a curve to the left having a radius of 379.09	5535
feet, an arc length of 147.44 feet, and a chord bearing of NORTH	5536
16°05'33" EAST; for 146.52 feet to an iron pin SET at a point of	5537
reverse curvature,	5538

Thence along a curve to the right having a radius of 409.23	5539
feet, an arc length of 730.64 feet, and a chord bearing of NORTH	5540
56°05'56" EAST; for 637.39 feet to an iron pin SET at a point of	5541
compound curvature,	5542

Thence along a curve to the right having a radius of 250.44	5543
feet, an arc length of 246.87 feet, and a chord bearing of SOUTH	5544
44°30'47" EAST; for 237.00 feet to an iron pin SET,	5545

Thence SOUTH 16°16'25" EAST; 174.13 feet to a point in the	5546
centerline of Mill Creek Road,	5547

Thence leaving the proposed Northeast right of way line of	5548
Ohio Avenue and following the centerline of Mill Creek Road, SOUTH	5549
37°22'55" WEST; 19.66 feet to the true point of beginning,	5550

Containing 4.540 acres total more or less, being a part of	5551
the real estate described in The State of Ohio in volume 60 page	5552
542, ALONG WITH part being out of 8 acre lot # 1196, Section 23	5553
being 1.670 acres more or less, ALONG WITH part being out of	5554
Subdivided Lot #4, Section 29 being 0.810 acres more or less,	5555
ALONG WITH part being out of Subdivided Lot #3, Section 29 being	5556
0.720 acres more or less, ALONG WITH part being out of Subdivided	5557
Lot #2, Section 29 being 0.700 acres more or less, ALONG WITH part	5558
being out of Ministerial lot #5, Section 29 being 0.600 acres more	5559
or less, ALONG WITH part being out of Ministerial lot #6, Section	5560
29 being 0.040 acres more or less.	5561

Subject to all legal easements, leases, and rights of way of	5562
record. Iron pin set are 1/2"x30" rebar with plastic caps I.D.	5563
caps labeled PMR 6196, all other monuments are as noted. Survey	5564
performed on 10/26/2006 by Philip M. Roberts, Ohio registered	5565
Surveyor No. 6196.	5566

(B) This section is curative in nature and is intended to	5567
redraw boundary lines and correct title encroachment issues	5568
between the State of Ohio property and the City of Gallipolis	5569
property near the Gallipolis Developmental Center under the	5570
jurisdiction of the Ohio Department of Mental Retardation and	5571
Developmental Disabilities.	5572

In exchange for the conveyance of the real estate described	5573
in division (A) of this section by the state, the City of	5574
Gallipolis shall convey to the state real property owned by the	5575
City and identified in such conveyance as the city's portion of	5576
the aforementioned encroachment issue.	5577

(C) Consideration for the conveyance of the real estate	5578
described in division (A) of this section shall be the mutual	5579
benefit derived by both the state and the City of Gallipolis	5580
through correcting the aforementioned title encroachments.	5581

(D) The real estate described in division (A) of this section	5582
shall be exchanged as an entire tract and not in parcels.	5583

(E) The Auditor of State, with the assistance of the Attorney	5584
General, shall prepare a deed to the real estate described in	5585
division (A) of this section. The deed shall state the	5586
consideration as mutual benefit. The deed shall be executed by the	5587
Governor in the name of the state, countersigned by the Secretary	5588
of State, sealed with the Great Seal of the State, presented in	5589
the Office of the Auditor of State for recording, and delivered to	5590
the City of Gallipolis. The City of Gallipolis shall present the	5591
deed for recording in the Office of the Gallia County Recorder.	5592

(F) The City of Gallipolis shall pay the costs of the	5593
conveyance of the real estate described in division (A) of this	5594
section, including recordation costs of the Governor's Deed.	5595

(G) This section expires one year after its effective date.

5596

Section 409. (A) The Governor is hereby authorized to execute	5597
a deed in the name of the state conveying to Tawawa Community	5598
Development Corporation, its successors and assigns, all of the	5599
state's right, title, and interest in the following described real	5600
estate:	5601

SITUATED in Xenia Township, Greene County, Ohio, and being	5602
part of Military Survey 929 and part of a 131.27-acre tract	5603
conveyed to Central State College by deed recorded in Book 85,	5604
Page 216 of deed records of said county, and being a 0.277-acre	5605
tract more particularly described as follows:	5606

BEGINNING at a PK nail set on the centerline intersection of	5607
Brush Row Road and State Route 42;	5608

THENCE from said point of beginning, SOUTH 53° 30' 00" WEST	5609
with the centerline of State Route 42 a distance of 172.54 feet to	5610
a PK nail set at a corner of a 3.14-acre tract conveyed to JLR	5611
Real Estate Investment Co., Inc., by deed recorded in Volume 376,	5612
Page 110 of the official records of said county;	5613

THENCE NORTH 8° 00' 00" EAST with the southeasterly line of	5614
said 3.14-acre tract a distance of 196.35 feet (passing 5/8" iron	5615
pins set at 42.06 feet and at 172.89 feet) to a PK nail set on the	5616
centerline of Brush Row Road;	5617

THENCE on a new division line SOUTH 50° 30' 00" EAST with	5618
said centerline a distance of 144.33 feet to the point of	5619
beginning containing 0.277 acres, more or less, subject, however,	5620
to all legal highways, easements, and restrictions of record.	5621

The above described parcel is now known as part of the	5622
dedicated right-of-way of Brush Row Road and State Route 42 and	5623
Part Lot 6A of Lauman & Rust Addition Replat of Lot 6 and 0.277	5624
acres as recorded in Plat Cabinet 36, Pages 313B & 314A of the	5625
plat records of said county.	5626

Prior Deed: Deed Book 85, Page 216.

5627

Basis of Bearing: Centerline of State Route 42 per Plat	5628
Cabinet 31/17B, SOUTH 53° 30' 00" WEST.	5629

The above described parcel is to be combined with the	5630
adjacent parcel (Tract B) and is not to be considered a separate	5631
building lot until it complies with all applicable zoning and	5632
subdivision regulations.	5633

The above description is the result of a field survey	5634
prepared by Raymond B. Mefford, Ohio Registered Surveyor No. 7367,	5635
and Judge Engineering Company, dated March 23, 2007.	5636

(B) Consideration for conveyance of the real estate is the	5637
mutual benefit accruing to the state and Tawawa Community	5638
Development Corporation for a student and community convenience	5639
center.	5640

(C) Tawawa Community Development Corporation shall pay the	5641
costs of the conveyance.	5642

(D) The Auditor of State, with the assistance of the Attorney	5643
General, shall prepare a deed to the real estate described in	5644
division (A) of this section. The deed shall be executed by the	5645
Governor in the name of the state, countersigned by the Secretary	5646
of State, sealed with the Great Seal of the state, and presented	5647
for recording in the Office of the Auditor of State. Tawawa	5648
Community Development Corporation shall present the deed for	5649
recording in the office of the Greene County Recorder.	5650

(E) This act expires one year after its effective date.

5651

Section 411. (A) The Governor is hereby authorized to execute	5652
a deed in the name of the state conveying to the Board of Trustees	5653
of Cambridge Township, Guernsey County, Ohio all of the state's	5654
right, title, and interest in the following described real estate	5655
that the Director of Administrative Services has determined is no	5656
longer required for the use and benefit of the state of Ohio:	5657

Situated in the Township of Cambridge, the County of	5658
Guernsey, and the State of Ohio.	5659

Being located in the Northwest Quarter of Section 3 and the	5660
Northeast Quarter of Section 4 of Township 2, Range 3 of the	5661
United States Military Lands and being part of the residue of a	5662
256.55 acre tract -A.P.# 02-03838.000 heretofore conveyed to the	5663
State of Ohio by Deed Volume 215 at Page 522 of the Guernsey	5664
County Deed and Official Records with the tract to be conveyed	5665
being more fully described as follows:	5666

Commencing at a mag nail (found) at the Southwest corner of	5667
the Northwest Quarter of Section 3 and the Southeast corner of the	5668
Northeast Quarter of Section 4 being also the TRUE PLACE OF	5669
BEGINNING of the herein described road right of way;	5670

Thence through the bounds of the aforesaid parent tract seven	5671
(7) courses:	5672

(1) Thence North 88 deg. 38 min. 07 sec. West, 40.00 feet to	5673
a point;	5674

(2) Thence North 1 deg. 53 min. 49 sec. East, 1219.32 feet to	5675
a point;	5676

(3) Thence with a curve to the right having a radius of	5677
102.78 feet, a central angle of 89 deg. 28 min. 41 sec., an arc	5678
length of 160.50 feet, and a chord which bears North 46 deg. 38	5679
min. 10 sec. East for a distance of 144.68 feet to a point;	5680

(4) Thence South 88 deg. 37 min. 29 sec. East, 1751.60 feet	5681
to a point;	5682

(5) Thence with a curve to the left having a radius of 341.02	5683
feet, a central angle of 51 deg. 40 min. 47 sec., an arc length of	5684
307.59 feet and a chord which bears North 65 deg. 32 min. 07 sec.,	5685
East for a distance of 297.27 feet to a point;	5686

(6) Thence North 39 deg. 41 min. 44 sec. East, 149.74 feet to	5687
a point;	5688

(7) Thence with a curve to the right having a radius of	5689
374.65 feet, a central angle of 35 deg. 30 min. 21 sec., an arc	5690
length of 232.17 feet and a chord which bears North 57 deg. 26	5691
min. 52 sec. East for a distance of 228.47 feet to a point on the	5692
south line of a 60 acre tract heretofore conveyed to Mary M.	5693
Doench, Martha M. Ruppert, Majorie E. Braden and James R. Mason	5694
(O.R. 308, Pg. 233);	5695

Thence with said line South 88 deg. 08 min. 23 sec. East,	5696
354.16 feet to a point in County Road 35- Former U.S. Route 21 and	5697
passing on line a 1" iron pin (found) at 325.90 feet;	5698

Thence with said road and through the bounds of the aforesaid	5699
parent tract the following two (2) courses:	5700

(1) Thence South 2 deg. 01 min. 12 sec. West, 24.97 feet to a	5701
point reference by a railroad spike (set) at North 87 deg. 58 min.	5702
48 sec. West, 25.00 feet;	5703

(2) Thence South 2 deg. 01 min. 12 sec. West, 40.00 feet to a	5704
point;	5705

Thence leaving said road and continuing through the bounds of	5706
the aforesaid parent the following nine (9) courses:	5707

(1) Thence North 87 deg. 58 min. 48 sec. West, 245.76 feet to	5708
a point;	5709

(2) Thence with a curve to the left having a radius of 294.65	5710
feet, a central angle of 52 deg. 19 min. 28 sec., an arc length of	5711
269.08 feet and a chord which bears South 65 deg. 51 min. 28 sec.	5712
West for a distance of 259.83 feet to a point;	5713

(3) Thence South 39 deg. 41 min. 44 sec. West, 149.74 feet to	5714
a point;	5715

(4) Thence with a curve to the right having a radius of	5716
421.02 feet, a central angle of 38 deg. 11 min. 22 sec., an arc	5717
length of 280.62 feet and a chord which bears South 58 deg. 47	5718
min. 23 sec. West for a distance of 275.46 feet;	5719

(5) Thence South 1 deg. 20 min. 57 sec. West, 634.46 feet to	5720
a point;	5721

(6) Thence with a curve to the right having a radius of	5722
431.30 feet, a central angle of 13 deg. 21 min. 20 sec., an arc	5723
length of 100.53 feet and a chord which bears South 8 deg. 01 min.	5724
3 sec. West for a distance of 100.31 feet to a point;	5725

(7) Thence South 14 deg. 42 min. 16 sec. West, 121.33 feet to	5726
a point;	5727

(8) Thence with a curve to the left having a radius of 137.51	5728
feet, a central angle of 52 deg. 51 min. 50 sec., an arc length of	5729
126.87 feet and a chord which bears South 11 deg. 43 min. 3 sec.	5730
East for a distance of 122.42 feet to a point;	5731

(9) Thence South 38 deg. 09 min. 37 sec East, 18.56 feet to a	5732
point on the north lineof a 1.934 acre tract heretofore conveyed	5733
to the Trustees of Cambridge Township, Guernsey County, Ohio (O.R.	5734
350, Pg.65);	5735

Thence with said line North 88 deg. 38 min. 33 sec. West,	5736
51.13 feet to a point referenced by an iron pin (set) at North 38	5737
deg. 09 min. 37 sec. West, 88.24 feet;	5738

Thence continuing with said line North 88 deg. 38 min. 33	5739
sec. West, 46.81 feet to a point on the north line of the residue	5740
of a 62.554 acre tract heretofore conveyed to Cambridge Township,	5741
City of Cambridge, Guernsey County, Guernsey County Port Authority	5742
and the Cambridge -Guernsey County Improvement Corporation (O.R.	5743
335, Pg. 116), referenced by a mag nail (found) at North 88 deg.	5744
38 min. 33 sec. West, 16.34 feet;	5745

Thence leaving said line and through the aforesaid parent	5746
tract the following nine (9) courses:	5747

(1) Thence with a curve to the right having a radius of	5748
217.51 feet a central angle of 41 deg. 15 min. 31 sec., an arc	5749
length of 156.63 feet and a chord which bears North 5 deg. 55 min.	5750
2 sec. West for a distance of 153.27 feet to a point;	5751

(2) Thence North 14 deg. 42 min. 16 sec. East, 121.33 feet to	5752
a point;	5753

(3) Thence with a curve to the left having a radius of 351.30	5754
feet, a central angle of 13 deg. 21 min. 20 sec., an arc length of	5755
81.89 feet and a chord which bears North 8 deg. 01 min. 37 sec.	5756
East for a distance of 81.70 feet to a point;	5757

(4) Thence North 1 deg. 20 min. 57 sec. East, 623.27 feet to	5758
a point;	5759

(5) Thence with a curve to the right having a radius of	5760
421.02 feet, a central angle of 2 deg. 28 min. 49 sec., an arc	5761
length of 18.23 feet and a chord which bears North 89 deg. 51 min.	5762
29 sec. West for a distance of 18.22 feet to a point;	5763

(6) Thence North 88 deg. 37 min. 29 sec. West, 1751.60 feet	5764
to a point;	5765

(7) Thence with a curve to the left having a radius of 22.78	5766
feet, a central angle of 89 deg. 28 min. 41 sec., an arc length of	5767
35.57 feet, and a chord which bears South 46 deg. 38 min. 10 sec	5768
West for a distance of 32.06 feet to a point;	5769

(8) Thence South 1 deg. 53 min. 49 sec. West, 1178.57 feet to	5770
a point;	5771

(9) Thence South 88 deg. 38 min. 07 sec. East, 1148.69 feet	5772
to a point on a bound of the aforesaid residue of a 62.554 acre	5773
tract;	5774

Thence with said bound South 1 deg. 28 min. 54 sec. West,	5775
40.00 feet to a mag nail (found) on the north line of a 15.842	5776
acre tract heretofore conveyed to Cambridge Township (O.R 335, Pg.	5777
120) a on the south line of the Northwest Quarter of Section 3;	5778

Thence with said line North 88 deg. 38 min. 07 sec. West,	5779
1188.98 feet to the TRUE PLACE OF BEGINNING containing 10.315	5780
acres_more or less but subject to all legal highways,	5781
rights-of-way, easements, leases and restrictions of record or	5782
otherwise legally established.	5783

Bearings herein are oriented to north as determined by GPS	5784
observation, All iron pins set are 5/8"x30" re- bars with yellow	5785
plastic caps stamped "WARD 7356",	5786

The above described tract consists of 1.254 acres in Section	5787
4 and 9.061 in Section 3.	5788

(B) The General Assembly finds that the mutual benefit and	5789
exchange of services accruing to the State of Ohio from the	5790
conveyance of the real estate under this section is in the best	5791
interests of the State of Ohio and specifically beneficial to the	5792
Ohio Department of Mental Retardation and Developmental	5793
Disabilities. The Board of Trustees of Cambridge Township in	5794
Guernsey County, Ohio, agrees to accept the deed and assume	5795
responsibility for all maintenance and upkeep of the roadways	5796
thereon, following transfer from the state. Once title to the the	5797
roadways are transferred pursuant to this section of the act, the	5798
Board of Trustees of Cambridge Township agree to perpetually	5799
dedicate the roadways herein to the public's use.	5800

(C) The Auditor of State, with the assistance of the Attorney	5801
General, shall prepare a deed to the real estate described in	5802
division (A) of this section. The deed shall state the	5803
consideration as mutual benefit and exchange of services. The deed	5804
shall be executed by the Governor in the name of the state,	5805
countersigned by the Secretary of State, sealed with the Great	5806
Seal of the State, presented in the office of the Auditor of State	5807
for recording, and delivered to the Board of Trustees of Cambridge	5808
Township in Guernsey County, Ohio, who shall present the deed for	5809
recording in the office of the Guernsey County Recorder.	5810

(D) The Board of Trustees of Cambridge Township shall pay the	5811
costs of the conveyance of the real estate described in this	5812
section of this act.	5813

(E) This section expires two years after its effective date.

5814

Section 413. (A) The Governor is hereby authorized to execute	5815
a deed in the name of the state conveying to Cambridge Real Estate	5816
Holdings, LLC., hereafter the grantee, and its successors and	5817
assigns, all of the state's right, title, and interest in the	5818
following described real estate:	5819

Parcel One: Beginning for reference at a pk nail found at the	5820
Southwest Corner of the Northwest Quarter of Section 3, also being	5821
in the centerline of two private roads (Oldham and Lalakus);	5822

thence along the south line of said Northwest Quarter of	5823
Section 3, also being the south line of the lands now owned by	5824
State of Ohio (D.V. 215, Pg. 522) and the north line of the lands	5825
now owned by Cambridge Township (OR 335, Pg. 120), and the	5826
centerline of a private road (Oldham), South 89 degrees 12 minutes	5827
53 seconds East 248.68 feet to a pk nail set;	5828

thence leaving said centerline and through the lands now	5829
owned by the State of Ohio (D.V. 215, Pg. 522), North 00 degrees	5830
32 minutes 51 seconds East 40.00 feet to an iron pin set also	5831
being the true point of beginning;	5832

thence continuing through the said lands now owned by the	5833
State of Ohio (D.V. 215, Pg. 522), North 00 degrees 32 minutes 51	5834
seconds East 896.44 feet to an iron pin set adjacent to the west	5835
side of an existing concrete sidewalk;	5836

thence along the west side of said existing sidewalk, North	5837
00 degrees 32 minutes 51 seconds East 100.97 feet to an iron pin	5838
set adjacent to the south side of an existing concrete sidewalk;	5839

thence along the south side of said existing sidewalk, South	5840
89 degrees 27 minutes 08 seconds East 172.75 feet to a pk nail	5841
set;	5842

thence through and along the east side of an existing	5843
concrete sidewalk, South 00 degrees 13 minutes 51 seconds East	5844
238.38 feet to a pk nail set; thence approximately eight feet	5845
north of and parallel to the centerline of a private road	5846
(unnamed), South 89 degrees 09 minutes 24 seconds East 994.03 feet	5847
to an iron pin set adjacent to the north side of an existing	5848
concrete drive;	5849

thence along said north line of an existing concrete drive,	5850
North 88 degrees 42 minutes 07 seconds East 20.38 feet to an iron	5851
pin set;	5852

thence with a curve to the left having an arc length of 31.77	5853
feet, a radius of 22.51 feet, with a chord bearing of North 47	5854
degrees 36 minutes 43 seconds East for a distance of 29.20 feet to	5855
an iron pin set adjacent to the east side of an existing concrete	5856
drive;	5857

thence along said east side of an existing concrete drive,	5858
North 00 degrees 46 seconds 22 minutes East 140.27 feet to an iron	5859
pin set;	5860

thence leaving said east side of an existing concrete drive,	5861
South 89 degrees 56 minutes 11 seconds East 17.06 feet to a point	5862
on the north line of an existing concrete sidewalk; thence along	5863
the north line of said existing concrete sidewalk the following	5864
ten courses:	5865

1) South 70 degrees 32 minutes 48 seconds East a distance of 7.52	5866
feet to a point;	5867

2) South 62 degrees 55 minutes 21 seconds East a distance of 16.75	5868
feet to a point;	5869

3) South 59 degrees 01 minutes 31 seconds East a distance of 25.04	5870
feet to a point;	5871

4) South 55 degrees 07 minutes 32 seconds East a distance of 21.39	5872
feet to a point;	5873

5) South 59 degrees 19 minutes 35 seconds East a distance of 32.98	5874
feet to a point;	5875

6) South 65 degrees 44 minutes 51 seconds East a distance of 713	5876
feet to a point;	5877

7) South 77 degrees 52 minutes 46 seconds East a distance of 2.97	5878
feet to a point;	5879

8) North 61 degrees 31 minutes 04 seconds East a distance of 10.16	5880
feet to a point;	5881

9) North 83 degrees 16 minutes 35 seconds East a distance of 51.52	5882
feet to a point;	5883

10) South 89 degrees 28 minutes 00 seconds East a distance of 9.98	5884
feet to a point being a common corner of said north side of	5885
existing concrete sidewalk and the west side of an existing	5886
concrete drive;	5887

thence along said west side of an existing concrete drive,	5888
North 00 degrees 31 minutes 02 seconds West a distance of 21.56	5889
feet to an iron pin set;	5890

thence leaving said west side of an existing concrete drive	5891
and continuing along the north side of an existing concrete	5892
sidewalk the following five courses:	5893

1) South 89 degrees 09 minutes 21 seconds East a distance of 47.98	5894
feet to a point;	5895

2) South 61 degrees 54 minutes 41 seconds East a distance of 49.48	5896
feet to a point;	5897

3) North 88 degrees 36 minutes 50 seconds East a distance of 50.28	5898
feet to a point;	5899

4) South 61 degrees 16 minutes 33 seconds East a distance of 10.06	5900
feet to a point;	5901

5) North 88 degrees 56 minutes 31 seconds East a distance of 49.91	5902
feet to an iron pin set;	5903

thence leaving said north line of existing concrete sidewalk	5904
and forty feet west of and parallel to the centerline of a private	5905
road (Gibson) the following three courses:	5906

1) South 00 degrees 46 minutes 11 seconds West 338.29 feet to an	5907
iron pin set;	5908

2) South 14 degrees 07 minutes 30 seconds West 162.46 feet to an	5909
iron pin set;	5910

3) With a curve to the left having an arc length of 156.62 feet, a	5911
radius of 217.51 feet, with a chord bearing of South 06 degrees 30	5912
minutes 12 seconds East for a distance of 153.25 feet to a point	5913
in the centerline of a private road (Fletcher);	5914

thence following the south line of lands now owned by said	5915
State of Ohio (D.V. 215, Pg. 522), North 89 degrees 13 minutes 28	5916
seconds West 636.54 feet to a pk nail found in the intersection of	5917
two private roads (Fletcher and unnamed), passing a pk nail found	5918
in the centerline of a private road (Fletcher) at 16.37 feet;	5919

thence following the centerline of a private road (unnamed)	5920
South 00 degrees 54 minutes 08 seconds West 226.57 feet to a pk	5921
nail found in the centerline of said private road and private road	5922
(unnamed) and also being forty feet north of a pk nail found in	5923
the intersection of said private road and private road (Oldham);	5924

thence forty feet north of and parallel to the centerline of	5925
a private road (Oldham) North 89 degrees 12 minutes 53 seconds	5926
West 940.30 feet to the true point of beginning; containing 26.32	5927
acres, more or less, subject to all legal road right of ways and	5928
applicable easements, written or implied.	5929

Part of Parcel No. 02-03838.000 (+ 26.32 acres)

5930

Parcel Two: Beginning for reference at a pk nail found at the	5931
Southeast Corner of the Northwest Quarter of Section 3, also being	5932
in the intersection of C.R. 35 (Old U.S. Rt. 21) and C.R. 633;	5933

thence along the centerline of said C.R. 35 North 01 degrees	5934
32 minutes 37 seconds East 266.78 feet to a point in the	5935
centerline of said C.R. 35 also being the southeast corner of the	5936
lands now owned by State of Ohio (D.V. 215, Pg. 522) and also	5937
being the true point of beginning;	5938

thence leaving said centerline of C.R. 35 and following the	5939
south line of said lands now owned by State of Ohio (D.V. 215, Pg.	5940
522), North 89 degrees 13 minutes 28 seconds West 605.52 feet to	5941
an iron pin found, passing iron pins found at 49.98 feet and	5942
418.50 feet;	5943

thence continuing along said line North 89 degrees 13 minutes	5944
19 seconds West 185.67 feet to a point being 40 feet east of and	5945
parallel to the centerline of a private road (Gibson);	5946

thence crossing said lands now owned by State of Ohio and	5947
continuing 40 feet east of and parallel to said centerline the	5948
following four courses:	5949

1) North 38 degrees 44 minutes 21 seconds West 18.55 feet to a	5950
point;	5951

2) with a curve to the right having an arc length of 126.87 feet,	5952
a radius of 137.51 feet, with a chord bearing of North 06 degrees	5953
30 minutes 12 seconds West for a distance of 122.42 feet to an	5954
iron pin set;	5955

3) North 14 degrees 07 minutes 30 seconds East 171.82 feet to an	5956
iron pin set;	5957

4) North 00 degrees 46 minutes 11 seconds East 351.22 feet to a pk	5958
nail set in an asphalt parking lot;	5959

thence North 87 degrees 48 minutes 25 seconds East 339.69	5960
feet to an iron pin set;	5961

thence South 84 degrees 26 minutes 02 seconds East 629.16	5962
feet to a point in the centerline of C.R. 35, passing an iron pin	5963
set for reference at 529.16 feet;	5964

thence following said centerline of C.R. 35 the following	5965
four courses:	5966

1) South 39 degrees 18 minutes 52 seconds West a distance of	5967
171.23 feet to a point;	5968

2) South 28 degrees 09 minutes 52 seconds West a distance of 138.5	5969
feet to a point;	5970

3) South 01 degrees 32 minutes 55 seconds West a distance of	5971
292.31 feet to a point;	5972

4) South 01 degrees 25 minutes 35 seconds West a distance of 67.85	5973
feet to the true point of beginning;	5974

containing 12.60 acres, more or less, subject to all legal	5975
road right of ways and applicable easements, written or implied.	5976

Part of Parcel No. 02-03838.000 (+ 12.60 acres)

5977

(B) Consideration for conveyance of the real estate described	5978
in division (A) of this section is the purchase price of three	5979
million two hundred thousand dollars. The payment of the final	5980
purchase price of three million two hundred thousand dollars shall	5981
be less the aggregate amount of monthly rental payments paid from	5982
October 1, 2008, through the date of closing and less one-half of	5983
the cost of surveying the Premises.	5984

(C) The real estate described in division (A) of this section	5985
shall be sold as an entire tract and not in parcels.	5986

(D) The deed shall contain a deed restriction that the	5987
grantee shall grant the state a permanent access easement across	5988
Road 4, the access drive that runs south of Keller, in form and	5989
content acceptable to the state.	5990

(E) The deed shall contain a deed restriction that the	5991
grantee agrees that it shall not use, develop, or sell the	5992
premises such that it will interfere with the quiet enjoyment of	5993
the neighboring state-owned land.	5994

(F) Upon payment of the purchase price, the Auditor of State,	5995
with the assistance of the Attorney General, shall prepare a deed	5996
to the real estate described in division (A) of this section. The	5997
deed shall state the consideration and restrictions and shall be	5998
executed by the Governor in the name of the state, countersigned	5999
by the Secretary of State, sealed with the Great Seal of the	6000
State, presented in the Office of the Auditor of State for	6001
recording, and delivered to the grantee. The grantee shall present	6002
the deed for recording in the Office of the Guernsey County	6003
Recorder.	6004

(G) The grantee shall pay all costs associated with the	6005
purchase and conveyance of the real estate described in division	6006
(A) of this section, including recordation costs of the deed.	6007

(H) The net proceeds of the sale of the real estate described	6008
in division (A) of this section shall be deposited in the State	6009
Treasury to the credit of the General Revenue Fund.	6010

(I) This section expires one year after its effective date.

6011

Section 415. (A) The Governor is hereby authorized to execute	6012
a deed in the name of the state conveying to the City of Norwalk,	6013
its successors and assigns, all of the state's right, title, and	6014
interest in the following described real estate:	6015

SITUATED in the City of Norwalk, County of Huron, and State	6016
of Ohio and known as part of Lot No. 1234, said part being bounded	6017
as follows:	6018

BEGINNING at a point on the north line of Monroe Street,	6019
fifteen feet east of the Gilger Theater, thence easterly along the	6020
north line of said Monroe Street, sixty-five feet, thence	6021
northerly parallel with the east line of said Lot No. 1234, one	6022
hundred and fifty feet, thence westerly, parallel with the north	6023
line of said Monroe Street, sixty-five feet, thence southerly,	6024
parallel with the east line of said Lot No. 1234, one hundred	6025
fifty feet to the place of beginning.	6026

And being the same premises heretofore conveyed by F.B. Case	6027
and Elsie Hume Case, by deed of general warranty, to the State of	6028
Ohio, dated the first of June, 1910, and recorded in Deed Book No.	6029
77, pages 518-519, of the County of Huron, Ohio Record of Deeds.	6030

Parcel Number: 33-0200-01-031-0000

6031

(B) Consideration for the conveyance of the real estate	6032
described in division (A) of this section shall be fifty-five	6033
thousand dollars and paid to the state according to the following	6034
schedule as derived by mutual agreement reached between the state	6035
and the City of Norwalk through an executed offer to purchase:	6036

(1) Twenty thousand dollars at closing and transfer of title	6037
in accordance with this section.	6038

(2) Twenty-five thousand dollars credited at closing for	6039
tenant improvements the City of Norwalk has made to the real	6040
estate described in division (A) of this section.	6041

(3) Ten thousand dollars due and payable on the initial	6042
anniversary of the closing date.	6043

(C) The real estate described in division (A) of this section	6044
shall be sold as an entire tract and not in parcels.	6045

(D) Prior to the execution of the deed described in division	6046
(E) of this section, possession of the real estate described in	6047
division (A) of this section shall be governed by an existing	6048
interim lease between the Ohio Department of Administrative	6049
Services and the City of Norwalk.	6050

(E) Upon payment of the purchase price, the Auditor of State,	6051
with the assistance of the Attorney General, shall prepare a deed	6052
to the real estate described in division (A) of this section. The	6053
deed shall state the consideration and shall be executed by the	6054
Governor in the name of the state, be countersigned by the	6055
Secretary of State, sealed with the Great Seal of the State,	6056
presented in the Office of the Auditor of State for recording, and	6057
delivered to the City of Norwalk. The City shall present the deed	6058
for recording in the Office of the Huron County Recorder.	6059

(F) The deed shall contain the following deed restriction:

6060

This conveyance is subject to the qualifications and	6061
conditions set forth in the deed of F.B. and Elsie Hume Case to	6062
the State of Ohio, bearing date June 1, 1910, recorded in the deed	6063
records of Huron County, Volume 77, Pages 518 and 519, which deed	6064
states that "[i]f at any time said premises shall cease to be used	6065
as a site for an Armory or other Public Building, then said	6066
premises shall revert to the said F.B. Case, the grantor, his	6067
heirs or assigns, be the same more or less, but subject to all	6068
legal highways.	6069

(G) The City of Norwalk shall pay the costs of the conveyance	6070
of the real estate described in division (A) of this section,	6071
including recording costs of the deed.	6072

(H) The net proceeds of the sales of the parcel described in	6073
division (A) of this section shall be deposited in the state	6074
treasury to the credit of the Armory Improvements Fund created	6075
pursuant to section 5911.10 of the Revised Code.	6076

(I) This section shall expire one year after its effective	6077
date.	6078

Section 417. (A) The Governor is hereby authorized to execute	6079
a deed in the name of the state conveying to The University of	6080
Toledo Foundation ("Grantee"), an Ohio 501(C)(3), not-for-profit	6081
corporation, all of the state's right, title and interest in the	6082
following described real estate:	6083

A parcel of land in the southwest quarter of Fractional	6084
Section 32, Town 9 South, Range 7 East, City of Toledo, Lucas	6085
County, Ohio, comprising part of Joseph Brothers Addition recorded	6086
in Plat Book 59, Page 26, Lucas County Recorder's Office, part of	6087
the W.A. Hodge Addition, recorded in Plat Book 28, Page 21, Lucas	6088
County Recorder's Office, and parts of vacated roads within the	6089
W.A. Hodge Subdivision, further bounded and described as follows:	6090

Commencing at the intersection of the centerlines of Dorr	6091
Street, as it now exists, and Secor Road, as it now exists, said	6092
intersection being marked with an empty monument box, (point	6093
established using reference nails);	6094

thence North 01 degrees 28 minutes 54 seconds West a distance	6095
of 214.07 feet (214.20 feet record) along said centerline of Secor	6096
Rd., to the northerly line of a parcel of land conveyed to JMB	6097
Investments, LLC in Instrument Number 200612290087115, Lucas	6098
County Recorder's Office;	6099

thence North 89 degrees 57 minutes 51 seconds East a distance	6100
of 50.01 feet along the northerly line of said JMB Investment	6101
parcel, to the easterly existing right of way line of Secor Rd.,	6102
(Railroad Spike found 0.04 feet North, 0.01 feet East), said point	6103
being the TRUE POINT OF BEGINNING;	6104

thence North 01 degrees 28 minutes 54 seconds West a distance	6105
of 1055.10 feet along said easterly existing right of way line of	6106
Secor Rd., same being the westerly line of said Joseph Brothers	6107
Addition and the westerly property line of the Grantor, to a	6108
capped iron rod set on the northerly line of said Joseph Brothers	6109
Addition;	6110

thence South 75 degrees 26 minutes 34 seconds East a distance	6111
of 541.38 feet along said northerly line of said Joseph Brothers	6112
Addition, same formally being the southerly right of way line of	6113
the Toledo-Angola and Western Railroad, to a capped iron rod set;	6114

thence South 00 degrees 03 minutes 32 seconds West a distance	6115
of 162.81 feet along a line that is 5.00 feet westerly of and	6116
parallel with a westerly face of Rocket Hall as it now exists, to	6117
a capped iron rod set;	6118

thence North 89 degrees 56 minutes 28 seconds West a distance	6119
of 9.60 feet along a line that is 5.00 feet westerly of and	6120
perpendicular to a westerly face of Rocket Hall as it now exists,	6121
to a capped iron rod set;	6122

thence South 00 degrees 03 minutes 32 seconds West a distance	6123
of 30.28 feet along a line that is 5.00 feet westerly of and	6124
parallel with a westerly face of Rocket Hall as it now exists, to	6125
a capped iron rod set;	6126

thence North 89 degrees 56 minutes 28 seconds West a distance	6127
of 34.30 feet along a line that is 5.00 feet westerly of and	6128
perpendicular to a westerly face of Rocket Hall as it now exists,	6129
to a capped iron rod set;	6130

thence South 00 degrees 03 minutes 32 seconds West a distance	6131
of 116.56 feet along a line that is 5.00 feet westerly of and	6132
parallel with a westerly face of Rocket Hall as it now exists, to	6133
a capped iron rod set;	6134

thence North 89 degrees 56 minutes 28 seconds West a distance	6135
of 14.10 feet along a line that is 5.00 feet westerly of and	6136
perpendicular to a westerly face of Rocket Hall as it now exists,	6137
to a capped iron rod set;	6138

thence South 00 degrees 03 minutes 32 seconds West a distance	6139
of 227.18 feet along a line that is 5.00 feet westerly of and	6140
parallel with a westerly face of Rocket Hall as it now exists, to	6141
a capped iron rod set;	6142

thence South 89 degrees 56 minutes 28 seconds East a distance	6143
of 13.49 feet along a line that is 5.00 feet westerly of and	6144
perpendicular to a westerly face of Rocket Hall as it now exists,	6145
to a capped iron rod set;	6146

thence South 00 degrees 03 minutes 32 seconds West a distance	6147
of 77.47 feet along a line that is 5.00 feet westerly of and	6148
parallel with a westerly face of Rocket Hall as it now exists, to	6149
a capped iron rod set;	6150

thence South 89 degrees 56 minutes 28 seconds East a distance	6151
of 394.66 feet along a line that is 5.00 feet southerly of and	6152
parallel with a southerly face of Rocket Hall as it now exists, to	6153
a "MAG" nail set on the approximate centerline of West Campus	6154
Road, a private road on the campus of the University of Toledo;	6155

thence South 00 degrees 01 minutes 03 seconds East a distance	6156
of 207.74 feet along the approximate centerline of said West	6157
Campus Rd., to a "MAG" nail set at a point of curvature in said	6158
approximate centerline;	6159

thence in a southeasterly direction along the approximate	6160
centerline of said West Campus Rd., along an arc of curve to the	6161
left an arc distance of 233.19 feet to a "MAG" nail set at the	6162
point of tangency, said arc of arc curve to the left having a	6163
radius of 148.50 feet, a central angle of 89 degrees 58 minutes 25	6164
seconds, a chord distance of 209.96 feet and a chord bearing of	6165
South 45 degrees 00 minutes 15 seconds East;	6166

thence South 89 degrees 59 minutes 28 seconds East a distance	6167
of 575.63 feet along the approximate centerline of said West	6168
Campus Rd., to a "MAG" nail set at a point of curvature in said	6169
approximate centerline;	6170

thence in a northeasterly direction along an arc that is	6171
approximately 15 feet northwesterly of the southerly face of curb	6172
line of said West Campus Rd., along an arc of curve to the left an	6173
arc distance of 179.70 feet to a "MAG" nail set at a point of	6174
tangency, said arc of curve to the left having a radius of 250.50	6175
feet, a central angle of 41 degrees 06 minutes 10 seconds, a chord	6176
distance of 175.87 feet and a chord bearing of North 69 degrees 27	6177
minutes 27 seconds East:	6178

thence North 48 degrees 54 minutes 22 seconds East a distance	6179
of 135.26 feet along a line that is approximately 15 feet	6180
northwesterly of the southerly face of curb line of said West	6181
Campus Rd., to a "MAG" nail set at a point of curvature;	6182

thence in an easterly direction, along an arc that is	6183
approximately 15 feet northerly of the southerly face of curb line	6184
of said West Campus Rd., along an arc of curve to the right an arc	6185
distance of 140.67 feet to a "MAG" nail set an a point of compound	6186
curvature, said arc of curve to the right having a radius of	6187
166.50 feet, a central angle of 48 degrees 24 minutes 27 seconds,	6188
a chord distance of 136.52 feet and a chord bearing of North 73	6189
degrees 06 minutes 35 seconds East;	6190

thence in a southeasterly easterly direction along an arc	6191
that is approximately 15 feet northeasterly of the westerly face	6192
of curb line of said West Campus Rd., along an arc of curve to the	6193
right an arc distance of 69.61 feet to a "MAG" nail set at a point	6194
of tangency, said arc of curve to the right having a radius of	6195
49.00 feet, a central angle of 81 degrees 24 minutes 02 seconds, a	6196
chord distance of 63.91 feet and a chord bearing of South 41	6197
degrees 59 minutes 10 seconds East;	6198

thence South 01 degrees 17 minutes 09 seconds East a distance	6199
of 42.68 feet along a line that is approximately 15 feet easterly	6200
of the westerly face of curb line of said West Campus Rd to a	6201
"MAG" nail;	6202

thence South 00 degrees 04 minutes 25 seconds East a distance	6203
of 206.93 feet along a line that is approximately 15 feet easterly	6204
of the westerly face of curb line of said West Campus Rd to a	6205
"MAG" nail set on the northerly existing right of way line of said	6206
Dorr St.;	6207

thence North 90 degrees 00 minutes 00 seconds West a distance	6208
of 536.86 feet along said northerly existing right of way line of	6209
Dorr St., said line being 54 feet northerly of and parallel with	6210
the centerline of said Dorr St. and also being the southerly	6211
property line of the Grantor, to an capped iron rod set;	6212

thence South 89 degrees 57 minutes 51 seconds West a distance	6213
of 779.02 feet continuing along said northerly existing right of	6214
way line of Dorr St., said line being 54.00 feet northerly of and	6215
parallel with the centerline of said Dorr St. and also being the	6216
southerly property line of the Grantor, to an capped iron rod set	6217
on the easterly line of said Joseph Brothers Addition;	6218

thence South 00 degrees 04 minutes 11 seconds West a distance	6219
of 4.00 feet continuing along said northerly existing right of way	6220
line of said Dorr St., same being the easterly line of said Joseph	6221
Brothers Addition and a westerly property line of the Grantor, to	6222
a capped iron rod set;	6223

thence South 89 degrees 57 minutes 51 seconds West a distance	6224
of 560.29 feet continuing along said northerly existing right of	6225
way line of said Dorr St., same being the southerly line of said	6226
Joseph Brothers Addition and the southerly property line of the	6227
Grantor to a point on the easterly line of a parcel of land	6228
conveyed to JMB Investments, LLC in Instrument Number	6229
200612290087115, Lucas County Recorder's Office, (D.G. Bohning	6230
capped iron rod found 0.08 feet North, 0.00 feet East);	6231

thence North 00 degrees 02 minutes 09 seconds West a distance	6232
of 164 feet along said easterly line of a parcel of land conveyed	6233
to JMB Investments, LLC, to a point, ("MAG" nail found 0.00 feet	6234
North, 0.06 feet East);	6235

thence South 89 degrees 57 minutes 51 seconds West a distance	6236
of 135.39 feet along said northerly line of a parcel of land	6237
conveyed to JMB Investments, LLC to the TRUE POINT OF BEGINNING	6238
enclosing an area of 20.140 acres, more or less, contained within	6239
Lucas County Auditor's parcel numbers 20-83900 (1.004 acres),	6240
20-83911 (1.467 acres), 20-83920 (0.560 acres), 20-83931 (0.390	6241
acres), 20-83941 (1.659 acres), 20-83960 (9.101 acres) and	6242
20-83964 (0.348 acres) within said Joseph Brothers Addition and	6243
Lucas County Auditor's parcel number 20-83720 (5.611 acres) within	6244
said W.A. Hodge Addition, subject to any and all leases, easements	6245
and restrictions of record.	6246

The basis of bearings shown are relative an assumed meridian	6247
and are shown to denote angular measurement only.	6248

This description was prepared by Teresa L. Tucker and	6249
reviewed by Kenneth E. Ducat, Registered Surveyor Number 6783, DGL	6250
CONSULTING ENGINEERS, LLC, on September 4, 2008. This description	6251
is based on a field survey made in January of 2008 by DGL	6252
CONSULTING ENGINEERS, LLC under the direction and supervision of	6253
Kenneth E. Ducat, Registered Surveyor No. 6783.	6254

(B) Consideration for the conveyance of the real estate	6255
described in division (A) of this section shall be the mutual	6256
benefit accruing to the state and the Grantee for a new parking	6257
structure. The following conditions apply to the transaction:	6258

(1) Grantee will facilitate a development on the real estate	6259
described in division (A) of this section pursuant to a request	6260
for proposal issued by Grantee;	6261

(2) Grantee shall construct a parking structure built upon	6262
the real estate described in division (A) of this section in the	6263
initial phase of the development. The University of Toledo shall	6264
have use of the parking structure for its students, faculty, and	6265
staff. The University of Toledo shall not be financially	6266
responsible for construction of or any current or future	6267
maintenance to the parking structure.	6268

(3) The value derived by The University of Toledo from the	6269
Grantee is determined to be $15,000 per parking space calculated	6270
to guarantee a minimum total tangible value of $7,500,000 over a	6271
term of forty years, commencing on the date The University of	6272
Toledo begins use of the proposed parking spaces.	6273

(4) A condition precedent to the delivery of the deed shall	6274
be approval by the Ohio Attorney General's Office of a lease	6275
agreement between The University of Toledo and the Grantee	6276
affecting the proposed parking structure.	6277

The real estate closing for delivery of the deed and the	6278
closing of construction financing by the Grantee or Grantee's	6279
developer for the first phase of construction shall be	6280
simultaneous.	6281

(C) The real estate described in division (A) of this section	6282
shall be sold as an entire tract and not in parcels.	6283

(D) Prior to the execution of the deed described in division	6284
(E) of this section, possession of the real estate described in	6285
division (A) of this section shall be governed by an existing	6286
interim lease between the Ohio Department of Administrative	6287
Services and the Grantee.	6288

(E) The Auditor of State, with the assistance of the Attorney	6289
General, shall prepare a deed to the real estate described in	6290
division (A) of this section. The deed shall state the	6291
consideration and shall be executed by the Governor in the name of	6292
the state, countersigned by the Secretary of State, sealed with	6293
the Great Seal of the State, presented in the Office of the	6294
Auditor of State for recording, and delivered to the Grantee. The	6295
Grantee shall present the deed for recording in the office of the	6296
Lucas County Recorder.	6297

(F) The Grantee shall pay the costs of the conveyance of the	6298
real estate described in division (A) of this section, including	6299
recordation costs of the deed.	6300

(G) This section expires two years after its effective date.

6301

Section 419. (A) The Governor is hereby authorized to execute	6302
a deed in the name of the state conveying to Mr. Charles Knapke as	6303
the Grantee, and his successors and assigns, all of the state's	6304
right, title, and interest in the following described real estate:	6305

DESCRIPTION FOR 1.353 ACRE PARCEL	6306

Situated in the State of Ohio, County of Mercer, Township of	6307
Liberty, being part of the Northeast Quarter of Section 28,	6308
Township 5 South, Range 1 East, and being 1.353 acres out of that	6309
3.789 acre tract as conveyed to State of Ohio in Official Record	6310
Book 153, Page 48, all references being to those of record in the	6311
Recorder's Office, Mercer County, Ohio, said 1.353 acre parcel	6312
being more particularly bounded and described as follows:	6313

Commencing at a mag nail found at the southeast comer of the	6314
northeast quarter of Section 28, and at intersection of Skeels	6315
Road (60 foot in width) and Wabash Road (40 foot in width);	6316

Thence along the centerline of said Skeels Road and the half	6317
section line of Section 28, North 88°07'29" West, 818.74 feet to a	6318
railroad spike found at the southwesterly comer of that 2.995 acre	6319
tract as conveyed to Charles G. Knapke and Martin R. Knapke in	6320
Deed Volume 322, Page 542, said railroad spike being the Point of	6321
Beginning of the 1.353 acre parcel herein described;	6322

Thence continuing along the said centerline and the said half	6323
section line, North 88°07'29" West, 177.97 feet to a point;	6324

Thence across said 3.789 acre tract, North 01°09'03" East,	6325
passing an iron pin set in the northerly line of said Skeels Road	6326
at 30.00 feet, a total distance of 312.83 feet to an iron pin set	6327
on the southerly property line of that 143.225 acre tract as	6328
conveyed to Hope E. Rock in Deed Volume 260, Page 340;	6329

Thence along the southerly line of said Hope E. Rock tract,	6330
South 87°34'57" East, 200.00 feet to an iron pin found;	6331

Thence along the westerly line of the said Charles G. Knapke	6332
and Martin R. Knapke tract, South 05°12'03" West, passing an iron	6333
pin found in the northerly line of said Skeels Road at 281.45	6334
feet, a total distance of 311.44 feet to the Point of Beginning	6335
and containing 1.353 total acres (0.123 acres in Right-of-Way,	6336
leaving a residual of 1.230 acres), more or less according to a	6337
survey conducted by Jobes Henderson & Associates, Inc. in May of	6338
2007.	6339

Said 1.353 acre tract to be added to the tract to the East,	6340
2.995 acre tract as conveyed to Charles G. Knapke and Martin R.	6341
Knapke in Deed Volume 322, Page 542.	6342

The above described 1.353 acre parcel is contained within	6343
Mercer County Auditor Parcel Number 04-28-200-002, Tax Number	6344
28-009350.0000.	6345

The bearings in the above description are based on the Ohio	6346
State Plane Coordinate System, Ohio North Zone, NAD83.	6347

All iron pins set are 5/8" rebar by 30 inches in length with	6348
red surveyors identification caps marked "J&H, PS 8283".	6349

DESCRIPTION FOR 2.414 ACRE PARCEL	6350

Situated in the State of Ohio, County of Mercer, Township of	6351
Liberty, being part of the Northeast Quarter of Section 28,	6352
Township 5 South, Range 1 East, and being 2.414 acres out of that	6353
3.789 acre tract as conveyed to State of Ohio in Official Record	6354
Book 153, Page 48, all references being to those of record in the	6355
Recorder's Office, Mercer County, Ohio, said 2.414 acre parcel	6356
being more particularly bounded and described as follows:	6357

Commencing at a mag nail found at the southeast corner of the	6358
northeast quarter of Section 28, and at intersection of Skeels	6359
Road (60 foot in width) and Wabash Road (40 foot in width);	6360

Thence along the centerline of said Skeels Road and the half	6361
section line of Section 28, North 88°07'29" West, passing a	6362
railroad spike found at the southwesterly corner of that 2.995	6363
acre tract as conveyed to Charles G. Knapke and Martin R. Knapke	6364
in Deed Volume 322, Page 542 at 818.74 feet, a total distance of	6365
996.71 feet, said point being the Point of Beginning of the 2.414	6366
acre parcel herein described;	6367

Thence continuing along the said centerline and the said half	6368
section line, North 88°07'29" West, 334.53 feet to a mag nail	6369
found at the southeasterly corner of that 143.225 acre tract as	6370
conveyed to Hope E. Rock in Deed Volume 260, Page 340;	6371

Thence along the easterly line of said Hope E. Rock tract,	6372
North 01°09'03" East, passing an iron pin found in the northerly	6373
line of said Skeels Road at 30.00 feet, a total distance of 316.00	6374
feet to an iron pin set;	6375

Thence along the southerly line of said Hope E. Rock tract,	6376
South 87°34'57" East, 334.59 feet to an iron pin set;	6377

Thence across said 3.789 acre tract, South 01°09'03" West,	6378
passing an iron pin set in the northerly line of said Skeels Road	6379
at 282.83 feet, a total distance of 312.83 feet to the Point of	6380
Beginning and containing 2.414 acres (0.230 acres in Right-of-Way,	6381
leaving a residual of 2.184 acres), more, more or less according	6382
to a survey conducted by Jobes Henderson & Associates, Inc. in May	6383
of 2007.	6384

The above described 2.414 acre parcel is contained within	6385
Mercer County Auditor Parcel Number 04-28-200-002, Tax Number	6386
28-009350.0000.	6387

The bearings in the above description are based on the Ohio	6388
State Plane Coordinate System, Ohio North Zone, NAD83.	6389

All iron pins set are 5/8" rebar by 30 inches in length with	6390
red surveyors identification caps marked "J&H, PS 8283".	6391

Subject to all valid and existing easements, restrictions and	6392
conditions of record.	6393

(B) Consideration for the conveyance of the real estate	6394
described in division (A) of this section is the purchase price of	6395
twenty thousand seven hundred eighteen dollars and fifty cents.	6396

(C) The real estate described in division (A) of this section	6397
shall be sold as an entire tract and not in parcels.	6398

(D) Upon payment of the purchase price, the Auditor of State,	6399
with the assistance of the Attorney General, shall prepare a deed	6400
to the real estate described in division (A) of this section. The	6401
deed shall state the consideration and shall be executed by the	6402
Governor in the name of the state, countersigned by the Secretary	6403
of State, sealed with the Great Seal of the State, presented in	6404
the Office of the Auditor of State for recording, and delivered to	6405
the Grantee. The Grantee shall present the deed for recording in	6406
the Office of the Mercer County Recorder.	6407

(E) The Grantee shall pay the costs of the conveyance of the	6408
real estate described in division (A) of this section, including	6409
recordation costs of the deed.	6410

(F) The net proceeds of the sale of the real estate described	6411
in division (A) of this section shall be deposited in the State	6412
Treasury to the credit of the General Revenue Fund.	6413

(G) This sale shall not occur until the MARCS Celina Tower in	6414
Mercer County is fully functioning.	6415

(H) This section shall expire two years after its effective	6416
date.	6417

Section 421. (A) The Governor is hereby authorized to execute	6418
a deed in the name of the state conveying to the Dayton Public	6419
School District/Dayton Board of Education, hereafter the grantee,	6420
and its successors and assigns, all of the state's right, title,	6421
and interest in the following described real estate:	6422

SITUATED in Section 26, Township 2, Range 7 of the Miami	6423
River Survey, the City of Dayton, the County of Montgomery, the	6424
State of Ohio, being a 2.2361-acre portion of a 15-acres 30-rods	6425
tract conveyed to the State of Ohio as recorded in Deed Book U-2,	6426
Page 40, and being a 22.5673-acre portion of a 24.36-acre tract of	6427
land conveyed to the Trustees of the Southern Ohio Lunatic Asylum	6428
as recorded in Deed Book N-3, Page 233, being an 4.6813-acre	6429
portion of a 21.25-acre tract of land conveyed to the State of	6430
Ohio as recorded in Deed Book 169, Page 583, and being an	6431
8.6742-acre portion of a 33.5-acre tract as conveyed to the State	6432
of Ohio as recorded in Deed Book 169, Page 585, being an	6433
7.2010-acre portion of a 10.544-acre tract of land as conveyed to	6434
the State of Ohio as recorded in Deed Book 138, Page 125 and being	6435
a portion of City of Dayton Lot Number 61376 and all of Lot Number	6436
61377 of the revised and consecutive numbers of lots on the plat	6437
of the City of Dayton and more particularly bounded and described	6438
as follows:	6439

BEGINNING at a capped 5/8" iron pin found stamped "Woolpert"	6440
at the southeast corner of a 2.881-acre tract being Parcel 2 of	6441
the Wilmington Woods Plat as recorded in Plat Book 134, Page 3A,	6442
said point also being the northeast corner of an 8.338-acre tract	6443
of land conveyed to Barry K. Humphries as recorded in Microfiche	6444
01-O590A04 and the TRUE POINT OF BEGINNING;	6445

THENCE with the east line of said 2.881-acre tract being	6446
Parcel 2 and the West line of a 24.36-acre tract of land conveyed	6447
to the Trustees of the Southern Ohio Lunatic Asylum as recorded in	6448
Deed Book N-3, Page 233, North 00°32'15" East a distance of 459.39	6449
feet to a RR Spike set in the centerline of Wayne Avenue, passing	6450
a 5/8 inch iron pin set at the northeast corner of said 2.881-acre	6451
tract and the south right-of-way of Wayne Avenue at 429.39 feet;	6452

THENCE with the centerline of Wayne Ave and the north lines	6453
of said 24.36-acre tract and said 21.25-acre tract, South	6454
89°18'28" East a distance of 790.80 feet to a RR spike set at the	6455
northwest corner of a 1.056-acre tract of land conveyed to the	6456
City of Dayton as recorded in M.F. No. 90-424 EO9;	6457

THENCE with the west line of said 1.056-acre tract and the	6458
east line of said 21.25 acre tract, South 1°17'05" West a distance	6459
of 230.89 feet to a 5/8 inch iron pin stamped "Riancho," passing a	6460
5/8 inch iron set at the south right of way of Wayne Avenue at	6461
30.00 feet;	6462

THENCE with the south line of said 1.056-acre tract and the	6463
south line of a 1.056-acre tract of land conveyed to the City of	6464
Dayton as recorded in M.F. No. 78-725 B08, South 89°27'55" East a	6465
distance of 400.00 feet to a found 5/8" iron pin and passing a 5/8	6466
inch iron pin found stamped "Riancho" at 200.00 feet;	6467

THENCE with the east line of said 1.056-acre tract and the	6468
west line of said 33.5-acre tract as conveyed to the State of Ohio	6469
as recorded in Deed Book 169, Page 585, North 1°17'05" East a	6470
distance of 229.79 feet to a RR spike set, passing a 5/8 inch iron	6471
pin set at the south right-of-way of Wayne Avenue at 199.79 feet;	6472

THENCE with the centerline of Wayne Avenue and the north line	6473
of said 33.5-acre tract, South 89°18'28" East a distance of 270.78	6474
feet to a RR spike set at the intersection of the centerlines of	6475
Waterveliet Avenue and Wayne Avenue;	6476

THENCE with the centerline of Waterveliet Avenue and with the	6477
northerly line of said 33.5-acre tract, South 55°21'16" East a	6478
distance of 231.10 feet to a RR spike set;	6479

THENCE with the east line of said 33.5-acre tract and the	6480
west line of a 13.00-acre tract conveyed to the Board of Education	6481
of the Dayton City School District as recorded in Deed Book 1522,	6482
Page 341, South 00°48'28" West a distance of 709.51 feet to a 5/8	6483
inch iron pin set;	6484

THENCE with a new division line, North 89°11'12" West, a	6485
distance of 468.08 feet to a 5/8 inch iron pin set, in the west	6486
line of said 33.5-acre tract and the east line of said 21.25-acre	6487
tract, to a 5/8 inch iron pin set;	6488

THENCE with the west line of said 33.5-acre tract and the	6489
east line of said 21.25-acre tract, North 01°7'55" East a distance	6490
of 141.74 feet to a 5/8 inch iron pin set;	6491

THENCE with a new division line, North 89°15'53" West,	6492
passing the west line of said 21.25-acre tract and the east line	6493
of said 24.36-acre tract conveyed to the Trustees of the Southern	6494
Ohio Lunatic Asylum as recorded in Deed Book N-3, Page 233 at a	6495
distance of 425.35 feet, for a total distance of 507.35 feet to a	6496
5/8 inch iron pin set;	6497

THENCE with a new division line South 1°7'0" West passing the	6498
south line of a 24.36-acre tract conveyed to the Trustees of the	6499
Southern Ohio Lunatic Asylum as recorded in Deed Book N-3, Page	6500
233 and the north line of said 10.544-acre tract at a distance of	6501
627.92 feet, for a total distance of 1,013.05 feet to a 5/8 inch	6502
iron pin set in the south line of said 10.544-acre tract;	6503

THENCE with the south line of said 10.544-acre tract and the	6504
north line of a 20.3-acre tract conveyed to the State of Ohio	6505
Department of Public Works for the use of the Department of Public	6506
Welfare, Dayton State Hospital as recorded in Deed Book 1326, Page	6507
247, North 88°52'07" West a distance of 808.89 feet to a 5/8 inch	6508
iron pin set in the east line of a 11.579-acre tract of land	6509
conveyed to the Hospice of Dayton as recorded in Microfiche	6510
94-0448C08;	6511

THENCE with the east line of said 11.579-acre tract of land,	6512
the east line of said 8.338-acre tract as conveyed to Barry K.	6513
Humphries as recorded in M.F. number 01-0590 A04, the west line of	6514
said 10.544-acre tract, and the west line of said 2.36-acre tract,	6515
North 3°24'08" West a distance of 956.68 feet to a 5/8 inch iron	6516
pin set;	6517

THENCE with an easterly line of said 8.338-acre tract, the	6518
westerly line of said 24.36-acre tract, and the north line of said	6519
2.36-acre tract, North 49°49'38" East a distance of 275.99 feet to	6520
a capped 5/8 inch iron pin found stamped "LJB";	6521

THENCE with the east line of said 8.338-acre tract and the	6522
west line of a 24.36-acre tract, North 00°32'15" East a distance	6523
of 108.09 feet to a capped 5/8" iron pin stamped "Woolpert" and	6524
the TRUE POINT OF BEGINNING, containing 45.3599 acres more or	6525
less; subject to all easements, agreements and right-of-ways of	6526
record.	6527

The basis of bearings for this description is the easterly	6528
line of Parcel 2, South 00°32'15" West, as recorded in the	6529
Wilmington Woods Plat as recorded in Plat Book 134, Page 3A.	6530

All iron pins set in the above boundary description are 5/8"	6531
(O.D.), 30" long with a plastic cap stamped "LJB."	6532

(B) Consideration for the conveyance of the real estate	6533
described in division (A) of this section is the transfer to the	6534
state of 8.9874 acres adjacent to the remaining Twin Valley	6535
Behavioral Healthcare/Dayton Campus at no cost subject to the	6536
following conditions after conveyance:	6537

(1) Within 180 days grantee at its own cost shall complete	6538
construction of Maplewood Avenue, which will provide new access	6539
from the 8.9874 acres to the remaining Twin Valley Behavioral	6540
Healthcare /Dayton Campus which pursuant to division (B) of this	6541
section will become the property of the State.	6542

(2) Within 340 days after the occupancy of the New Belmont	6543
High School, grantee shall be responsible for the demolition and	6544
environmental restoration of the 8.9874 acres being transferred to	6545
the State of Ohio.	6546

(3) Should the grantee insufficiently perform its obligations	6547
in regard to the demolition and environmental restoration as	6548
determined by the Director of Mental Health, the grantee will pay	6549
to the state one million one hundred seventy-five thousand	6550
dollars, which reflects the appraised value of the 45.3599 acres	6551
less the cost of demolition, site, and utility work in lieu of the	6552
transfer of 8.9874 acres.	6553

(C) The real estate described in division (A) of this section	6554
shall be sold as an entire tract and not in parcels.	6555

(D) Upon payment of the purchase price, the Auditor of State,	6556
with the assistance of the Attorney General, shall prepare a deed	6557
to the real estate described in division (A) of this section. The	6558
deed shall state the consideration and shall be executed by the	6559
Governor in the name of the state, countersigned by the Secretary	6560
of State, sealed with the Great Seal of the State, presented in	6561
the Office of the Auditor of State for recording, and delivered to	6562
the grantee. The grantee shall present the deed for recording in	6563
the Office of the Montgomery County Recorder.	6564

(E) The grantee shall pay all costs associated with the	6565
purchase and of the conveyance of the real estate described in	6566
division (A) of this section, including recordation costs of the	6567
deed.	6568

(F) The net proceeds of the sale of the real estate described	6569
in division (A) of this section shall be deposited in the State	6570
Treasury to the credit of the State General Revenue Fund.	6571

(G) This section shall expire two years after its effective	6572
date.	6573

Section 423. (A) The Governor is hereby authorized to	6574
execute a deed in the name of the state conveying to the Scioto	6575
Township Board of Trustees, hereafter the grantee, and its	6576
successors and assigns, all of the state's right, title, and	6577
interest in the following described real estate:	6578

Situated in the Township of Scioto, County of Pickaway, the	6579
State of Ohio and a part of V.M.S 931 being more particularly	6580
bounded and described as follows:	6581

Being a part of a 1,324.473 acre tract as shown on Plat of	6582
Survey recorded in Plat Book 7, Page 201 in the Pickaway County	6583
Recorder's Office also reference Deed Book 71, Pages 185-186 in	6584
the Pickaway County Recorder's Office;	6585

Beginning at a point in the centerline of State Route 762	6586
being N83º29'25"W 1482.99 feet distant from the point of	6587
intersection of said centerline with the centerline of Morgan	6588
Road;	6589

Thence with the centerline of State Route 762 N83º30'09"W	6590
484.00 feet to a point;	6591

Thence leaving said centerline and going with three new lines	6592
through said 1,324.473 acre tract the following calls;	6593

N06º29'51"E 450.00 feet (passing an iron pin set at 35.00	6594
feet) to an iron pin set;	6595

Thence S83º30'09"E 484.00 feet to an iron pin set;

6596

Thence S06º29'51"W 450.00 feet (passing an iron pin set at	6597
415.00 feet) to the POINT OF BEGINNING:	6598

Containing 5.000 Acres, more or less.

6599

Subject to all existing valid rights-of-way and easements of	6600
record.	6601

Bearing reference for this survey is the North line of the	6602
above referenced 1,324.473 acre tract as described in Plat Book 7,	6603
page 201 being S79º55'28"E.	6604

All iron pins are set 5/8" diameter X30" long rebar with a	6605
yellow plastic identification cap stamped "M.E. CLARK ASSOC."	6606

(B) Consideration for conveyance of the real estate described	6607
in division (A) of this section is the purchase price of five	6608
thousand dollars.	6609

(C) The real estate described in division (A) of this section	6610
shall be sold as an entire tract and not in parcels.	6611

(D) Upon payment of the purchase price, the Auditor of State,	6612
with the assistance of the Attorney General, shall prepare a deed	6613
to the real estate described in division (A) of this section. The	6614
deed shall state the consideration and restrictions and shall be	6615
executed by the Governor in the name of the state, countersigned	6616
by the Secretary of State, sealed with the Great Seal of the	6617
State, presented in the Office of the Auditor of State for	6618
recording, and delivered to the grantee. The grantee shall present	6619
the deed for recording in the Office of the Pickaway County	6620
Recorder.	6621

(E) The deed shall contain a deed restriction that the	6622
grantee shall use the real estate described in division (A) of	6623
this section solely for fire station, emergency medical services	6624
and its employee training, law enforcement and other criminal	6625
justice purposes, or governmental functions and offices of the	6626
Villages of Orient. Such uses shall not in any way adversely	6627
affect the use and operation of the Multi-Agency Radio	6628
Communication System located adjacent to the real estate described	6629
in division (A) of this section.	6630

(F) The deed shall contain a deed restriction that requires	6631
the grantee to initiate construction within five years of the	6632
effective date of this act. In the event the grantee breaches the	6633
provision of division (F) of this section, title to the real	6634
estate described in division (A) of this section may revert to the	6635
State, at the sole discretion of the Director of Administrative	6636
Services and the Department of Rehabilitation and Correction, for	6637
the jurisdictional use of the Department of Rehabilitation and	6638
Correction and the Department of Rehabilitation and Correction	6639
shall reimburse grantee the purchase price of five thousand	6640
dollars.	6641

(G) The grantee shall pay the costs of the conveyance of the	6642
real estate described in division (A) of this section, including	6643
recordation costs of the deed.	6644

(H) The net proceeds of the sale of the real estate described	6645
in division (A) of this section shall be deposited in the State	6646
Treasury to the credit of the General Revenue Fund.	6647

(I) This section expires one year after its effective date.

6648

Section 425. (A) The Governor is hereby authorized to	6649
execute a deed in the name of the state conveying to the Preble	6650
Shawnee Local School District, Preble County, Ohio, and its	6651
successors and assigns, all of the state's right, title, and	6652
interest in the following described real estate:	6653

Parcel One	6654

SITUATED in Section 9, Gratis Township, Preble County, Ohio	6655
and being 30.474 acres, part of an original 160 acre tract as	6656
described in Deed Book 231, page 401. Preble County Deed Records,	6657
the same being under land contract as described in Deed Book 219,	6658
Page 680,P.C.D.R.; said 30.474 acre tract being bounded and	6659
described as follows:	6660

BEGINNING at the southwesterly corner of Section 9 on the	6661
centerline of Somers-Gratis Road, the same being the southeasterly	6662
corner of Section 8;	6663

THENCE from said point of beginning and along the westerly	6664
line of said Section 9, the same being the easterly line of	6665
Section 8 North 0° 03' 12" West 2655.10 feet to the northwesterly	6666
corner of the southwesterly corner of Section 9;	6667

THENCE along the one-half section of said Section 9, the same	6668
being the southerly line of an original 173 acre tract (Deed Book	6669
253, Page 652, PCDR), and also being the northerly line of the	6670
aforesaid original 160 acre tract (Deed Book 231, Page 401 and	6671
Deed Book 219, Page 680, P.C.D.R.) SOUTH 89° 57'19" East 500.00	6672
feet;	6673

THENCE in said original 160 acre tract by new division line	6674
SOUTH 0° 03' 12" East 2654.71 feet to the southerly line of	6675
Section 9 on the centerline of Somers-Gratis Road;	6676

AND THENCE along said west line 500.00 feet to the point of	6677
beginning CONTAINING 30.474 acres, according to a survey (Drawing	6678
E-7631) by Duane, Hasselbring. Kuhlman and Associates, Registered	6679
Surveyors, Middletown, Ohio, December, 1980. V. Frederic Duane,	6680
Ohio Registered Surveyor No. 4494. Subject however to all rights	6681
of way, easements and restrictions of record, heretofore granted	6682
which are applicable to and effective against said property.	6683

Parcel Number C424309300000010000.

6684

Parcel Two	6685

Situated in Section 8, Town 4, Range 3 East, Gratis Township,	6686
Preble County, Ohio, and being the original 57 acre tract (61.464	6687
acres by new survey) as described in Deed Book 299, Page 74,	6688
Preble County Deed Records; said 61.464 acre tract being bounded	6689
and described as follows:	6690

BEGINNING at the southwesterly corner of Section 8 on the	6691
centerline of Somers-Gratis Road, the same being the southwesterly	6692
corner of Section 9;	6693

thence from said point of beginning and continuing along said	6694
centerline south 89° 56' 33" west 1006.05 feet to the	6695
southwesterly corner of the herein described 61.464 acre tract,	6696
the same being the southwesterly corner of the aforesaid original	6697
57 acre tract, and also being the southeasterly corner of a 40.324	6698
acre tract (Deed Book 315, Page 387, P.C.D.R.);	6699

thence along the westerly line of the herein described tract,	6700
the same being the easterly line of the aforesaid 40.324 acre	6701
tract and the easterly line of the 54.37 acre tract (Deed Book	6702
271, Page 135, P.C.D.R.) the following courses:	6703

(1) North 0° 06' 52" West 1020.18 feet;

6704

(2) North 0° 02' 59" West 1592.60 feet to the northwesterly	6705
corner of the herein described tract, on the one half section	6706
line, the same being the southerly line of a 157 acre tract as	6707
described in Deed Book 271, Page 135 P.C.D.R.;	6708

thence along the said line South 89° 37' 15' east 1007.13 to	6709
the northeasterly corner of the southeasterly one quarter of	6710
Section 8, the same being the northwesterly corner of the	6711
southwesterly one quarter of Section 9;	6712

And thence along the easterly line of Section 8 South 0° 03'	6713
12" East 2655.10 feet to the point of beginning, containing 61.464	6714
acres according to a survey (drawing E-7631) by Duane,	6715
Hasselbring, Kuhlman & Associates, Registered Surveyors,	6716
Middletown, Ohio, December, 1980. V. Frederic Duane, Ohio	6717
Registered Surveyor No. 4494. Said land being subject to an	6718
easement granted to Dayton Power and Light by Deed Vol. 185, page	6719
264, P.C.D.R.. Said land being further subject to all rights of	6720
way, easements and restrictions of record heretofore granted with	6721
are applicable to and effective against said property.	6722

Parcel Number C424308400000020000

6723

(B) Consideration for conveyance of the real estate described	6724
in division (A) of this section is the purchase price of ten	6725
dollars. The real estate was originally conveyed to the State of	6726
Ohio as collateral for school construction facility bonds issued.	6727
Once the construction project was completed, the state was to have	6728
conveyed title to the real estate back to the Preble Shawnee Local	6729
School District, which conveyance never occurred. This section	6730
corrects that oversight.	6731

(C) The Preble Shawnee Local School District shall pay all	6732
costs associated with the purchase and conveyance of the real	6733
estate described in division (A) of this section, including, but	6734
not limited, to recordation costs of the deed.	6735

(D) Possession of the premises prior to transfer shall be	6736
governed by an existing interim lease between the State of Ohio	6737
and the Preble Shawnee Local School District.	6738

(E) Upon payment of the purchase price, the Auditor of State,	6739
with the assistance of the Attorney General, shall prepare a deed	6740
to the real estate described in division (A) of this section. The	6741
deed shall be executed by the Governor in the name of the state,	6742
countersigned by the Secretary of State, sealed with the Great	6743
Seal of the State, presented in the Office of the Auditor of State	6744
for recording, and delivered to the Preble Shawnee Local School	6745
District. The School District shall present the deed for recording	6746
in the Office of the Preble County Recorder.	6747

(F) The net proceeds of the sale of the real estate described	6748
in division (A) of this section shall be deposited in the State	6749
Treasury to the credit of the General Revenue Fund.	6750

(G) This section expires one year after its effective date.

6751

Section 427. (A) Pursuant to Section 5911.10 of the Revised	6752
Code, the Governor is hereby authorized to execute a deed in the	6753
name of the state, conveying to a buyer or buyers to be determined	6754
in the manner provided in division (C) of this section, and the	6755
buyer's or buyers' successors and assigns or heirs and assigns,	6756
all of the state's right, title and interest in the following	6757
described parcels of real estate that the Adjutant General has	6758
determined are no longer needed by the Ohio National Guard for	6759
armory or military purposes:	6760

Parcel No. 1 Delaware Armory property

6761

Situated in the County of Delaware, in the State of Ohio, and	6762
in the City of Delaware, and bounded and described as follows:	6763
Being in lot No. eighty-eight (88) as designated on the town plat	6764
of the said town of Delaware, excepting therefrom 43 feet from the	6765
east side thereof, being the same premises conveyed by H. E.	6766
Martin and wife to E. A. Adams by deed date July 2, 1869. Also all	6767
that part of a fractional lot lying immediately south of In-Lot 88	6768
in the Town of Delaware, County of Delaware, and State of Ohio,	6769
sold by Lucy Martin and her husband to E. A. Adams not conveyed by	6770
quit-claim deed to one Calvin Welch, and being the same premises	6771
conveyed to B. H. Hyatt by William Brown, Sheriff of Delaware	6772
County on the 4th Day of January A.D. 1873, being the same more of	6773
less, but subject to all legal highways, and being the same	6774
premises conveyed by B. H. Hyatt and wife to Margaret A. Perry,	6775
March 16, 1878 and recorded on Volume 71, Page 363, Delaware	6776
County Record of Deeds.	6777

Permanent Parcel No: 519-433-02-004-000

6778

79 West William Street, Delaware, Ohio 43015

6779

Parcel No. 2 Ashland Armory property

6780

Situated in the City of Ashland, County of Ashland, State of	6781
Ohio. Being a part of the Northeast Quarter of Section 17,	6782
Township 22, Range 16 and bounded and described as follows:	6783

Commencing at an iron pin on the North line of East Main	6784
Street at the Southwest corner of that parcel of land deeded by	6785
the heirs-at-law of Mary Cummings and L.Q. Cummings, deceased to	6786
Phillip A. Myers by deed dated November 25th, 1922, recorded in	6787
Volume 151, Page 12 Ashland County, Ohio, Deed Records, which iron	6788
pin is North 70°14' West a distance of four hundred and	6789
seventy-five and thirty hundredths (475.30) feet from an iron pin	6790
at the Northwest corner of East Main and Holbrook Streets, thence	6791
from said beginning point North 17°55' East a distance of three	6792
hundred eighty-nine and eight hundredths (389.08) feet to a stake	6793
on the south line of lands conveyed April 23, 1921 by the heirs of	6794
Mary Cummings and L.Q. Cummings, deceased, to Philip A. Myers,	6795
which deed is recorded in Volume 149, Page 93, of the Deed Records	6796
of Ashland County, Ohio, and to which reference is hereto made;	6797
thence with said last mentioned line North 74°and 23' East and	6798
along the South line of said Myers land a distance of two hundred	6799
ten and thirty-five hundredths (210.35) feet to a stake in the	6800
creek; thence South 17°55" West and parallel to the West line of	6801
lands herein conveyed a distance of five hundred nine and seven	6802
hundredths (509.07) feet to an iron pin on the North line of East	6803
Main Street; thence North 70°14' West and along the North line of	6804
said East Main Street a distance of one hundred and seventy-five	6805
and five hundredths (175.05) feet to the place of beginning as	6806
surveyed November 16, 1922, by E. L. Berry, City Engineer.	6807

Parcel No. 3 Mansfield Armory property	6808

Situated in the City of Mansfield, County of Richland, and	6809
State of Ohio and bounded and described as follows:	6810

Beginning at the intersection of the centerline of Ashland	6811
Road of Lincoln Highway and the centerline of Ritter's Run where	6812
the same crosses said Highway: thence in an easterly direction	6813
along the center line of said Ritter's Run three hundred and fifty	6814
and three tenths feet (350.3): thence east long the center of said	6815
creek following a curve of twelve degrees to the left, two hundred	6816
thirteen and nineteen hundredths (213.19) feet; thence east on a	6817
straight line along the center line of said creek six hundred a	6818
five foot (605); thence following curve of twelve degrees south	6819
and east along said center line of said creek one hundred and	6820
fifty six (156) feet; thence east one hundred feet (100) to the	6821
center line of the Rocky Fork; thence North and West along the	6822
centerline of the Rocky Fork as now constructed two hundred and	6823
fifty (250) feet; thence west fifty feet (50) to an iron pin on	6824
the west bank of said Rocky Fork; thence west and continuing on	6825
same course, parallel with the center line of said Ritter's Run	6826
and two hundred feet (200) distance therefrom a distance of four	6827
hundred and seventy seven and five tenths (477.5) feet; thence in	6828
a north westerly direction on a line at right angle to Ashland	6829
Road a distance of one hundred and ninety five and four tenths	6830
(195.4) feet to an iron pin on the south side of Ashland Road,	6831
then continuing on the previous course thirty (30) feet to the	6832
center of Ashland Road; thence south forty nine (49) degrees west	6833
along the center line of said Ashland Road, one hundred and fifty	6834
five and nine tenths (155.9) feet to the center line of East	6835
Fourth Street; thence continuing along the center line of said	6836
Ashland Road a distance of six hundred and twenty two and nine	6837
tenths 9622.9) feet to the place of beginning, containing 5.64	6838
Acres, more or less.	6839

Save and except the following 0.70 acre tract as shown in	6840
Official Record Volume 960, Page 134, Recorder's Office, Richland	6841
County, Ohio:	6842

Situated in the City of Mansfield, County of Richland, and	6843
State of Ohio and being known as a part of the SE 1/4 of Section	6844
22, Twp. 21 and Range 18 of O. R. S. in the City of Mansfield,	6845
Ohio. Beginning at a point from the center line of	6846
Mansfield-Ashland Road 228.35 feet southwesterly from the center	6847
line of East Fourth Street; thence south 41 deg. 00 min. east at a	6848
right angle with Mansfield-Ashland Road, a distance of 153.95 ft.	6849
to the center of Ritter's Run; thence in a southwesterly direction	6850
along and with the center of Ritter's Run 422.15 ft. to the center	6851
of Mansfield-Ashland Road; thence north 49 deg. 00 min. east along	6852
and with the center line of the Mansfield-Ashland Road, a distance	6853
of 394.55 ft. to the place of beginning, containing 0.70 acres	6854
more or less, subject to all legal easements of record for	6855
highways, street, stream channel and other purposes.	6856

Permanent Parcel No. 027-05-084-17-000.

6857

(B) At the request of the Adjutant General, the Department of	6858
Administrative Services shall, pursuant to the procedures	6859
described in division (C) of this section, assist in the sale of	6860
any of the parcels described in division (A) of this section.	6861

(C) The Adjutant General's Department shall appraise the	6862
parcels described in division (A) of this section or have them	6863
appraised by one or more disinterested persons for a fee to be	6864
determined by the Adjutant General. The Adjutant General shall	6865
offer the parcels for sale in their "as is" condition as follows:	6866

(1) The Adjutant General first shall offer a parcel for sale	6867
at its appraised value to the municipal corporation or township in	6868
which it is located.	6869

(2) If, after sixty days, the municipal corporation or	6870
township has not accepted the Adjutant General's offer to sell the	6871
parcel at its appraised value or has accepted the offer but has	6872
failed to complete the purchase, the Adjutant General shall offer	6873
the parcel at its appraised value to the county in which it is	6874
located.	6875

(3) If, after sixty days, the county has not accepted the	6876
Adjutant General's offer to sell the parcel at its appraised value	6877
or has accepted the offer but has failed to complete the purchase,	6878
the Adjutant General shall, in concert with the Department of	6879
Administrative Services, arrange a public auction, and the parcel	6880
shall be sold to the highest bidder at a price acceptable to the	6881
Adjutant General. The Adjutant General may reject any and all bids	6882
through the auctioneer.	6883

The Adjutant General shall advertise each public auction in a	6884
newspaper of general circulation within the county in which the	6885
parcel is located, once a week for three consecutive weeks prior	6886
to the date of the auction. The terms of sale of the parcel	6887
pursuant to the public auction shall be payment of ten per cent of	6888
the purchase price in cash, bank draft, or certified check on the	6889
date of sale, with the balance payable within sixty days after the	6890
date of sale. A purchaser who does not timely complete the	6891
conditions of the sale as prescribed in this section shall forfeit	6892
to the state the ten per cent of the purchase price paid on the	6893
date of the sale as liquidated damages.	6894

Should a purchaser not complete the conditions of sale as	6895
described herein, the Adjutant General and its auctioneer is	6896
authorized to accept the next highest bid from the auction by	6897
collecting ten per cent of the purchase price from the secondary	6898
bidder and proceed to close the sale, providing said secondary bid	6899
meets all other criteria provided for in this act.	6900

(D) Advertising costs, appraisal fees, and other costs of the	6901
sale of the parcels described in division (A) of this section	6902
shall be paid by the Adjutant General.	6903

(E) Upon the payment of ten per cent of the purchase price of	6904
a parcel described in division (A) of this section in accordance	6905
with division (C)(3) of this section or upon notice from the	6906
Adjutant General's Department that a parcel described in division	6907
(A) of this section has been sold to a municipal corporation,	6908
township, or county in accordance with division (C) of this	6909
section, a deed shall be prepared for that parcel by the Auditor	6910
of State with the assistance of the Attorney General, be executed	6911
by the Governor, countersigned by the Secretary of State, sealed	6912
with the Great Seal of the State, and presented for recording in	6913
the office of the Auditor of State. The deed shall be delivered to	6914
the buyer at closing where the balance of the purchase price is	6915
collected by the state. The buyer shall present the deed for	6916
recording in the office of the county recorder of the county in	6917
which the parcel is located.	6918

(F) The net proceeds of the sales of the parcels described in	6919
division (A) of this section shall be deposited in the state	6920
treasury to the credit of the Armory Improvements Fund pursuant to	6921
section 5911.10 of the Revised Code.	6922

(G) If a parcel described in division (A) of this section is	6923
sold to a municipal corporation, township, or county and that	6924
political subdivision sells the parcel within two years after its	6925
purchase, the political subdivision shall pay to the state, for	6926
deposit in the state treasury to the credit of the Armory	6927
Improvements Fund pursuant to section 5911.10 of the Revised Code,	6928
an amount representing one-half of any net profit derived from	6929
that subsequent sale. The net profit shall be computed by first	6930
subtracting the price at which the political subdivision bought	6931
the parcel from the price at which the political subdivision sold	6932
the parcel, and then subtracting from that remainder the amount of	6933
any expenditures the political subdivision made for improvements	6934
to the parcel.	6935

(H) This section expires five years after its effective date.

6936

Section 500.01. Section 3314.03 of the Revised Code is	6937
presented in this act as a composite of the section as amended by	6938
both Sub. H.B. 428 and Am. Sub. H.B. 562 of the 127th General	6939
Assembly. The General Assembly, applying the principle stated in	6940
division (B) of section 1.52 of the Revised Code that amendments	6941
are to be harmonized if reasonably capable of simultaneous	6942
operation, finds that the composite is the resulting version of	6943
the section in effect prior to the effective date of the section	6944
as presented in this act.	6945

Section 501. The amendment or enactment by this act of the	6946
following sections are not subject to the referendum pursuant to	6947
Ohio Constitution, Article II, Section 1d and section 1.471 of the	6948
Revised Code because the amendment or enactment relates to an	6949
appropriation for current expenses; therefore the amendment or	6950
enactment goes into immediate effect when this act becomes law:	6951

Sections 201.01, 201.02, 303, and 305.

6952

Section 503. The amendment, enactment, or repeal by this act	6953
of the following sections takes effect on the dates specified	6954
below:	6955

The amendment of section 3375.49 of the Revised Code, on	6956
December 31, 2008;	6957

The repeal of sections 3375.54 and 3375.55 of the Revised	6958
Code, on the ninety-first day after the effective date of this	6959
act;	6960

The repeal of section 3375.48 of the Revised Code, on	6961
December 31, 2009;	6962

The amendment of sections 733.40, 1901.024, 1901.31, 1907.20,	6963
2949.111, 3375.50 (307.515), and 4513.35 of the Revised Code, on	6964
January 1, 2010;	6965

The enactment of section 3375.481 of the Revised Code, on	6966
January 1, 2010;	6967

The repeal of sections 3375.51, 3375.52, 3375.53, and	6968
3375.56 of the Revised Code, on January 1, 2010.	6969

Section 505. This act is hereby declared to be an emergency	6970
measure necessary for the immediate preservation of the public	6971
peace, health, and safety. The reason for such necessity is that	6972
certain changes need to be made to state and local government in	6973
order to immediately continue the effectiveness of their programs	6974
and operations. Therefore, this act shall go into immediate	6975
effect.	6976