Cosponsors:
Senators Buehrer, Cafaro, Fedor, Gibbs, Goodman, Harris, Hughes, Kearney, Morano, Niehaus, Schaffer, Schiavoni, Strahorn, Widener, Gillmor, Turner, Sawyer, Smith, Miller, R.
Representatives Sykes, Bolon, Boyd, Celeste, Chandler, Brown, Dyer, Fende, Luckie, Driehaus, Garrison, Garland, Goodwin, Balderson, Book, Boose, Bubp, Carney, Coley, Combs, Derickson, Dodd, Domenick, Evans, Foley, Gardner, Gerberry, Hagan, Harris, Harwood, Hite, Hottinger, Letson, Mallory, McClain, Murray, Newcomb, Oelslager, Patten, Phillips, Pillich, Pryor, Slesnick, Szollosi, Uecker, Walter, Williams, B., Yuko
(1) The costs of all audits of state agencies shall be paid | 40 |
to the auditor of state on statements rendered by the auditor of | 41 |
state. Money so received by the auditor of state shall be paid | 42 |
into the state treasury to the credit of the public audit expense | 43 |
fund--intrastate, which is hereby created, and shall be used to | 44 |
pay costs related to such audits. The costs of all annual and | 45 |
special audits of a state agency shall be charged to the state | 46 |
agency being audited. The costs of all biennial audits of a state | 47 |
agency shall be paid from money appropriated to the department of | 48 |
administrative services for that purpose. The costs of any | 49 |
assistant auditor, employee, or expert employed pursuant to | 50 |
section 117.09 of the Revised Code called upon to testify in any | 51 |
legal proceedings in regard to any audit, or called upon to review | 52 |
or discuss any matter related to any audit, may be charged to the | 53 |
state agency to which the audit relates. | 54 |
(2) If an audit of a private child placing agency or private | 68 |
noncustodial agency receiving public money from a public children | 69 |
services agency for providing child welfare or child protection | 70 |
services sets forth that money has been illegally expended, | 71 |
converted, misappropriated, or is unaccounted for, the costs of | 72 |
the audit shall be charged to the agency being audited in the same | 73 |
manner as costs of an audit of a public office, unless the | 74 |
findings are inconsequential, as defined by government auditing | 75 |
standards. | 76 |
(1) The total amount of compensation paid assistant auditors | 89 |
of state, their expenses, the cost of employees assigned to assist | 90 |
the assistant auditors of state, the cost of experts employed | 91 |
pursuant to section 117.09 of the Revised Code, and the cost of | 92 |
typing, reviewing, and copying reports shall be borne by the | 93 |
public office to which such assistant auditors of state are so | 94 |
assigned, except that annual vacation and sick leave of assistant | 95 |
auditors of state, employees, and typists shall be financed from | 96 |
the general revenue fund. The necessary traveling and hotel | 97 |
expenses of the deputy inspectors and supervisors of public | 98 |
offices shall be paid from the state treasury. Assistant auditors | 99 |
of state shall be compensated by the taxing district or other | 100 |
public office audited for activities undertaken pursuant to | 101 |
division (B) of section 117.18 and section 117.24 of the Revised | 102 |
Code. The costs of any assistant auditor, employee, or expert | 103 |
employed pursuant to section 117.09 of the Revised Code called | 104 |
upon to testify in any legal proceedings in regard to any audit, | 105 |
or called upon to review or discuss any matter related to any | 106 |
audit, may be charged to the public office to which the audit | 107 |
relates. | 108 |
(2) The auditor of state shall certify the amount of such | 109 |
compensation, expenses, cost of experts, reviewing, copying, and | 110 |
typing to the fiscal officer of the local public office audited. | 111 |
The fiscal officer of the local public office shall forthwith draw | 112 |
a warrant upon the general fund or other appropriate funds of the | 113 |
local public office to the order of the auditor of state; | 114 |
provided, that the auditor of state is authorized to negotiate | 115 |
with any local public office and, upon agreement between the | 116 |
auditor of state and the local public office, may adopt a schedule | 117 |
for payment of the amount due under this section. Money so | 118 |
received by the auditor of state shall be paid into the state | 119 |
treasury to the credit of the public audit expense fund--local | 120 |
government, which is hereby created, and shall be used to pay the | 121 |
compensation, expense, cost of experts and employees, reviewing, | 122 |
copying, and typing of reports. | 123 |
(4) The auditor of state shall provide each local public | 132 |
office a statement or certification of the amount due from the | 133 |
public office for services performed by the auditor of state under | 134 |
this or any other section of the Revised Code, as well as the date | 135 |
upon which payment is due to the auditor of state. Any local | 136 |
public office that does not pay the amount due to the auditor of | 137 |
state by that date may be assessed by the auditor of state for | 138 |
interest from the date upon which the payment is due at the rate | 139 |
per annum prescribed by section 5703.47 of the Revised Code. All | 140 |
interest charges assessed by the auditor of state may be collected | 141 |
in the same manner as audit costs pursuant to division (D) of this | 142 |
section. | 143 |
(D) If the auditor of state fails to receive payment for any | 144 |
amount due, including, but not limited to, fines, fees, and costs, | 145 |
from a public office for services performed under this or any | 146 |
other section of the Revised Code, the auditor of state may seek | 147 |
payment through the office of budget and management. (Amounts due | 148 |
include any amount due to an independent public accountant with | 149 |
whom the auditor has contracted to perform services, all costs and | 150 |
fees associated with participation in the uniform accounting | 151 |
network, and all costs associated with the auditor's provision of | 152 |
local government services.) Upon certification by the auditor of | 153 |
state to the director of budget and management of any such amount | 154 |
due, the director shall withhold from the public office any amount | 155 |
available, up to and including the amount certified as due, from | 156 |
any funds under the director's control that belong to or are | 157 |
lawfully payable or due to the public office. The director shall | 158 |
promptly pay the amount withheld to the auditor of state. If the | 159 |
director determines that no funds due and payable to the public | 160 |
office are available or that insufficient amounts of such funds | 161 |
are available to cover the amount due, the director shall withhold | 162 |
and pay to the auditor of state the amounts available and, in the | 163 |
case of a local public office, certify the remaining amount to the | 164 |
county auditor of the county in which the local public office is | 165 |
located. The county auditor shall withhold from the local public | 166 |
office any amount available, up to and including the amount | 167 |
certified as due, from any funds under the county auditor's | 168 |
control and belonging to or lawfully payable or due to the local | 169 |
public office. The county auditor shall promptly pay any such | 170 |
amount withheld to the auditor of state. | 171 |
Sec. 1515.14. Within the limits of funds appropriated to the | 172 |
department of natural resources and the soil and water | 173 |
conservation district assistance fund created in this section, | 174 |
there shall be paid in each calendar year to each local soil and | 175 |
water conservation district an amount not to exceed one dollar for | 176 |
each one dollar received in accordance with section 1515.10 of the | 177 |
Revised Code, received from tax levies in excess of the ten-mill | 178 |
levy limitation approved for the benefit of local soil and water | 179 |
conservation districts, or received from an appropriation by a | 180 |
municipal corporation or a township to a maximum of eight thousand | 181 |
dollars, provided that the Ohio soil and water conservation | 182 |
commission may approve payment to a district in an amount in | 183 |
excess of eight thousand dollars in any calendar year upon receipt | 184 |
of a request and justification from the district. The county | 185 |
auditor shall credit such payments to the special fund established | 186 |
pursuant to section 1515.10 of the Revised Code for the local soil | 187 |
and water conservation district. The department may make advances | 188 |
at least quarterly to each district on the basis of the estimated | 189 |
contribution of the state to each district. Moneys received by | 190 |
each district shall be expended for the purposes of the district. | 191 |
Each school district that receives funds under this section | 211 |
shall spend the funds only for purposes the department of | 212 |
education designates as approved for vocational education | 213 |
expenses. Vocational education expenses approved by the department | 214 |
shall include only expenses connected to the delivery of | 215 |
career-technical programming to students enrolled in | 216 |
state-approved career-technical programs. The department shall | 217 |
require each school district to report data annually so that the | 218 |
department may monitor the district's compliance with the | 219 |
requirements regarding the manner in which funding received under | 220 |
this section may be spent. | 221 |
Sec. 3734.901. (A)(1) For the purpose of providing revenue | 222 |
to defray the cost of administering and enforcing the scrap tire | 223 |
provisions of this chapter, rules adopted under those provisions, | 224 |
and terms and conditions of orders, variances, and licenses issued | 225 |
under those provisions; to abate accumulations of scrap tires; to | 226 |
make grants supporting market development activities for scrap | 227 |
tires and synthetic rubber from tire manufacturing processes and | 228 |
tire recycling processes and to support scrap tire amnesty and | 229 |
cleanup events; to make loans to promote the recycling or recovery | 230 |
of energy from scrap tires; and to defray the costs of | 231 |
administering and enforcing sections 3734.90 to 3734.9014 of the | 232 |
Revised Code, a fee of fifty cents per tire is hereby levied on | 233 |
the sale of tires. The proceeds of the fee shall be deposited in | 234 |
the state treasury to the credit of the scrap tire management fund | 235 |
created in section 3734.82 of the Revised Code. The fee is levied | 236 |
from the first day of the calendar month that begins next after | 237 |
thirty days from October 29, 1993, through June 30, 2011. | 238 |
(2) Beginning on September 5, 2001, and ending on June 30, | 239 |
2011, there is hereby levied an additional fee of fifty cents per | 240 |
tire on the sale of tires the proceeds of which shall be deposited | 241 |
in the state treasury to the credit of the scrap tire management | 242 |
fund and be used exclusively for the purposes specified in | 243 |
division (G)(3) of that section until July 1, 2010, whereupon the | 244 |
proceeds shall be deposited in the state treasury to the credit of | 245 |
the soil and water conservation district assistance fund created | 246 |
in section 1515.14 of the Revised Code. | 247 |
(b) Division (A)(3) of this section is effective on and after | 295 |
February 22, 2009, and shall cease to be effective either on | 296 |
December 6, 2009, or until the close of the last day of the week | 297 |
ending threefour weeks prior to the last week for which one | 298 |
hundred per cent federal sharing is authorized under Section | 299 |
2005(a) of the "American Recovery and Reinvestment Act of 2009," | 300 |
Pub. L. No. 111-5, 123 Stat. 115, whichever is lateras amended, | 301 |
without regard to the extension of federal sharing for certain | 302 |
claims as provided under section 2005(c) of that law, or any other | 303 |
federal law that provides for one hundred per cent federal | 304 |
sharing. | 305 |
(5) For weeks of unemployment beginning on or after February | 321 |
22, 2009, there is a "state 'off' indicator" for this state for a | 322 |
week if the director determines, in accordance with the | 323 |
regulations adopted by the United States secretary of labor, that | 324 |
for the period consisting of that week and the immediately | 325 |
preceding twelve weeks, the total rate of unemployment, seasonally | 326 |
adjusted, under this chapter, was less than one hundred ten per | 327 |
cent of such average for either or both of the corresponding | 328 |
three-month periods ending in the two preceding calendar years, | 329 |
and was less than six and one-half per cent. | 330 |
(7) "Regular benefits" means benefits payable to an | 343 |
individual, as defined in division (C) of section 4141.01 of the | 344 |
Revised Code, or under any other state law, including dependents' | 345 |
allowance and benefits payable to federal civilian employees and | 346 |
to ex-servicepersons pursuant to the "Act of September 6, 1966," | 347 |
80 Stat. 585, 5 U.S.C.A. 8501, other than extended benefits, and | 348 |
additional benefits as defined in division (A)(12) of this | 349 |
section. | 350 |
(b) Has received, prior to the week, all of the regular | 371 |
benefits that were available to the individual under this chapter | 372 |
or any other state law, including dependents' allowances and | 373 |
regular benefits available to federal civilian employees and | 374 |
ex-servicepersons under the "Act of September 6, 1966," 80 Stat. | 375 |
585, 5 U.S.C.A. 8501, in the individual's current benefit year | 376 |
that includes the week, after the cancellation of some or all of | 377 |
the individual's wage credits or the total or partial reduction of | 378 |
the individual's right to regular benefits, provided that, for the | 379 |
purposes of divisions (A)(10)(a) and (10)(b) of this section, an | 380 |
individual shall be deemed to have received in the individual's | 381 |
current benefit year all of the regular benefits that were either | 382 |
payable or available to the individual even though: | 383 |
(ii) By reason of section 4141.33 of the Revised Code, or the | 389 |
seasonal employment provisions of another state law, the | 390 |
individual is not entitled to regular benefits with respect to the | 391 |
week of unemployment, although the individual may be entitled to | 392 |
regular benefits with respect to future weeks of unemployment in | 393 |
either the next season or off season in the individual's current | 394 |
benefit year, and the individual is otherwise an "exhaustee" | 395 |
within the meaning of this section with respect to the right to | 396 |
regular benefits under state law seasonal employment provisions | 397 |
during either the season or off season in which that week of | 398 |
unemployment occurs, or | 399 |
(c) The individual's benefit year having expired prior to the | 405 |
week, has no, or insufficient, wages or weeks of employment on the | 406 |
basis of which the individual could establish in any state a new | 407 |
benefit year that would include the week, or having established a | 408 |
new benefit year that includes the week, the individual is | 409 |
precluded from receiving regular benefits by reason of a state law | 410 |
which meets the requirements of section 3304 (a)(7) of the | 411 |
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301 to | 412 |
3311; and | 413 |
(G) Division (F) of this section is effective on and after | 484 |
February 22, 2009, and shall cease to be effective either on | 485 |
December 6, 2009, or until the close of the last day of the week | 486 |
ending threefour weeks prior to the last week for which one | 487 |
hundred per cent federal sharing is authorized under Section | 488 |
2005(a) of the "American Recovery and Reinvestment Act of 2009," | 489 |
Pub. L. No. 111-5, 123 Stat. 115, whichever is lateras amended, | 490 |
without regard to the extension of federal sharing for certain | 491 |
claims as provided under section 2005(c) of that law, or any other | 492 |
federal law that provides for one hundred per cent federal | 493 |
sharing.
Notwithstanding this division, the extended benefits | 494 |
authorized by division (A)(3) of this section shall continue to be | 495 |
paid to any individual who, as of December 26, 2009, has a balance | 496 |
of weeks remaining to be paid in the claim until such weeks are | 497 |
exhausted or the individual is reemployed, whichever occurs first, | 498 |
but in no event beyond May 29, 2010. | 499 |
(3) Notwithstanding any other provisions of this section, if | 512 |
the benefit year of any individual ends within an extended benefit | 513 |
period, the remaining balance of extended benefits that the | 514 |
individual would, but for this section, be entitled to receive in | 515 |
that extended benefit period, with respect to weeks of | 516 |
unemployment beginning after the end of the benefit year, shall be | 517 |
reduced, but not below zero, by the product of the number of weeks | 518 |
for which the individual received any amounts as trade | 519 |
readjustment allowances within that benefit year, multiplied by | 520 |
the individual's weekly benefit amount for extended benefits. | 521 |
(J)(1)(a) The director shall promptly examine any application | 530 |
for extended benefits filed and, under this section, determine | 531 |
whether the application is to be allowed or disallowed and, if | 532 |
allowed, the weekly and total extended benefits payable and the | 533 |
effective date of the application. The claimant, the claimant's | 534 |
most recent employer, and any other employer in the base period of | 535 |
the claim upon which the extended benefits are based, and who was | 536 |
chargeable for regular benefits based on such claim, shall be | 537 |
notified of such determination. | 538 |
(b) The determination issued to the most recent or other base | 539 |
period employer shall include the total amount of extended | 540 |
benefits that may be charged to the employer's account. Such | 541 |
potential charge amount shall be an amount equal to one-fourth of | 542 |
the regular benefits chargeable to the employer's account on the | 543 |
regular claim upon which extended benefits are based except that, | 544 |
effective January 1, 1979, the potential charge amount to the | 545 |
state and its instrumentalities, its political subdivisions and | 546 |
their instrumentalities, and Indian tribes shall be an amount | 547 |
equal to one-half of the regular benefits chargeable to their | 548 |
accounts on such claim. If regular benefits were chargeable to the | 549 |
mutualized account, in lieu of an employer's account, then the | 550 |
extended benefits which are based on such prior mutualized | 551 |
benefits shall also be charged to the mutualized account. | 552 |
(K) Notwithstanding division (B) of this section, payment of | 589 |
extended benefits under this section shall not be made to any | 590 |
individual for any week of unemployment in the individual's | 591 |
eligibility period during which the individual fails to accept any | 592 |
offer of suitable work, as defined in division (K)(2) of this | 593 |
section, or fails to apply for any suitable work to which the | 594 |
individual was referred by the director, or fails to actively | 595 |
engage in seeking work, as prescribed in division (K)(4) of this | 596 |
section. | 597 |
(1) If any individual is ineligible for extended benefits for | 598 |
any week by reason of a failure described in this division, the | 599 |
individual shall be ineligible to receive extended benefits | 600 |
beginning with the week in which the failure occurred and | 601 |
continuing until the individual has been employed during each of | 602 |
four subsequent weeks and the total remuneration earned by the | 603 |
individual for this employment is equal to or more than four times | 604 |
the individual's weekly extended benefit amount, and has met all | 605 |
other eligibility requirements of this section, in order to | 606 |
establish entitlement to extended benefits. | 607 |
(L) All payments of extended benefits made pursuant to this | 662 |
section shall be paid out of the unemployment compensation fund, | 663 |
provided by section 4141.09 of the Revised Code, and all payments | 664 |
of the federal share of extended benefits that are received as | 665 |
reimbursements under section 204 of the "Federal-State Extended | 666 |
Unemployment Compensation Act of 1970," 84 Stat. 696, 26 U.S.C.A. | 667 |
3306, shall be deposited in such unemployment compensation fund | 668 |
and shall be credited to the extended benefit account established | 669 |
by division (I) of this section. Any refund of extended benefits, | 670 |
because of prior overpayment of such benefits, may be made from | 671 |
the unemployment compensation fund. | 672 |
(1) Acquire, construct, furnish, equip, maintain, repair, | 686 |
sell, exchange, lease to or from, lease with an option to | 687 |
purchase, convey other interests in, or operate real or personal | 688 |
property, or any combination thereof, related to, useful for, or | 689 |
in furtherance of any authorized purpose, and make charges for the | 690 |
use of any port authority facility, which shall be not less than | 691 |
the charges established for the same services furnished by a | 692 |
public utility or common carrier in the jurisdiction of the | 693 |
particular port authority; | 694 |
(3) Issue bonds or notes for the acquisition, construction, | 699 |
furnishing, or equipping of any real or personal property, or any | 700 |
combination thereof, related to, useful for, or in furtherance of | 701 |
any authorized purpose, in compliance with Chapter 133. of the | 702 |
Revised Code, except that the bonds or notes only may be issued | 703 |
pursuant to a vote of the electors residing within the territory | 704 |
of the port authority. The net indebtedness incurred by a port | 705 |
authority shall never exceed two per cent of the total value of | 706 |
all property within the territory comprising the authority as | 707 |
listed and assessed for taxation. | 708 |
(4) By resolution of its board of directors, issue revenue | 709 |
bonds beyond the limit of bonded indebtedness provided by law, for | 710 |
the acquisition, construction, furnishing, or equipping of any | 711 |
real or personal property, or any combination thereof, related to, | 712 |
useful for, or in furtherance of any authorized purpose, including | 713 |
all costs in connection with or incidental thereto. | 714 |
The revenue bonds of the port authority shall be secured only | 715 |
by a pledge of and a lien on the revenues of the port authority | 716 |
derived from those loan payments, rentals, fees, charges, or other | 717 |
revenues that are designated in the resolution, including, but not | 718 |
limited to, any property to be acquired, constructed, furnished, | 719 |
or equipped with the proceeds of the bond issue, after provision | 720 |
only for the reasonable cost of operating, maintaining, and | 721 |
repairing the property of the port authority so designated. The | 722 |
bonds may further be secured by the covenant of the port authority | 723 |
to maintain rates or charges that will produce revenues sufficient | 724 |
to meet the costs of operating, maintaining, and repairing such | 725 |
property and to meet the interest and principal requirements of | 726 |
the bonds and to establish and maintain reserves for the foregoing | 727 |
purposes. The board of directors, by resolution, may provide for | 728 |
the issuance of additional revenue bonds from time to time, to be | 729 |
secured equally and ratably, without preference, priority, or | 730 |
distinction, with outstanding revenue bonds, but subject to the | 731 |
terms and limitations of any trust agreement described in this | 732 |
section, and of any resolution authorizing bonds then outstanding. | 733 |
The board of directors, by resolution, may designate additional | 734 |
property of the port authority, the revenues of which shall be | 735 |
pledged and be subject to a lien for the payment of the debt | 736 |
charges on revenue bonds theretofore authorized by resolution of | 737 |
the board of directors, to the same extent as the revenues above | 738 |
described. | 739 |
The trust agreement may provide for the pledge or assignment | 745 |
of the revenues to be received, but shall not pledge the general | 746 |
credit and taxing power of the port authority. A trust agreement | 747 |
securing revenue bonds issued to acquire, construct, furnish, or | 748 |
equip real property, plants, factories, offices, and other | 749 |
structures and facilities for authorized purposes consistent with | 750 |
Section 13 or 16 of Article VIII, Ohio Constitution, may mortgage | 751 |
the real or personal property, or a combination thereof, to be | 752 |
acquired, constructed, furnished, or equipped from the proceeds of | 753 |
such revenue bonds, as further security for the bonds. The trust | 754 |
agreement or the resolution providing for the issuance of revenue | 755 |
bonds may set forth the rights and remedies of the bondholders and | 756 |
trustee, and may contain other provisions for protecting and | 757 |
enforcing their rights and remedies that are determined in the | 758 |
discretion of the board of directors to be reasonable and proper. | 759 |
The agreement or resolution may provide for the custody, | 760 |
investment, and disbursement of all moneys derived from the sale | 761 |
of such bonds, or from the revenues of the port authority, other | 762 |
than those moneys received from taxes levied pursuant to section | 763 |
4582.14 of the Revised Code, and may provide for the deposit of | 764 |
such funds without regard to section 4582.15 of the Revised Code. | 765 |
All bonds issued under authority of this chapter, regardless | 766 |
of form or terms and regardless of any other law to the contrary, | 767 |
shall have all qualities and incidents of negotiable instruments, | 768 |
subject to provisions for registration, and may be issued in | 769 |
coupon, fully registered, or other form, or any combination | 770 |
thereof, as the board of directors determines. Provision may be | 771 |
made for the registration of any coupon bonds as to principal | 772 |
alone or as to both principal and interest, and for the conversion | 773 |
into coupon bonds of any fully registered bonds or bonds | 774 |
registered as to both principal and interest. | 775 |
The revenue bonds shall bear interest at such rate or rates, | 776 |
shall bear such date or dates, and shall mature within forty | 777 |
forty-five years following the date of issuance and in such | 778 |
amount, at such time or times, and in such number of installments, | 779 |
as may be provided in or pursuant to the resolution authorizing | 780 |
their issuance. AnyThe final maturity of any original issue of | 781 |
revenue bonds shall
mature not be later than fortyforty-five | 782 |
years from their date of issue. Such resolution also shall provide | 783 |
for the execution of the bonds, which may be by facsimile | 784 |
signatures unless prohibited by the resolution, and the manner of | 785 |
sale of the bonds. The resolution shall provide for, or provide | 786 |
for the determination of, any other terms and conditions relative | 787 |
to the issuance, sale, and retirement of the bonds that the board | 788 |
of directors in its discretion determines to be reasonable and | 789 |
proper. | 790 |
Whenever a port authority considers it expedient, it may | 791 |
issue renewal notes and refund any bonds, whether the bonds to be | 792 |
refunded have or have not matured. The final maturity of any | 793 |
notes, including any renewal notes, shall not be later than five | 794 |
years from the date of issue of the original issue of notes. The | 795 |
final maturity of any refunding bonds shall not be later than the | 796 |
later of fortyforty-five years from the date of issue of the | 797 |
original issue of bonds or the date by which it is expected, at | 798 |
the time of issuance of the refunding bonds, that the useful life | 799 |
of all of the property, other than interests in land, refinanced | 800 |
with proceeds of the bonds will have expired. The refunding bonds | 801 |
shall be sold and the proceeds applied to the purchase, | 802 |
redemption, or payment of the bonds to be refunded and the costs | 803 |
of issuance of the refunding bonds. The bonds and notes issued | 804 |
under this chapter, their transfer, and the income therefrom, | 805 |
shall at all times be free from taxation within the state. | 806 |
(5) Do any of the following, in regard to any interests in | 807 |
any real or personal property, or any combination thereof, | 808 |
including, without limitation, machinery, equipment, plants, | 809 |
factories, offices, and other structures and facilities related | 810 |
to, useful for, or in furtherance of any authorized purpose, for | 811 |
such consideration and in such manner, consistent with Article | 812 |
VIII, Ohio Constitution, as the board in its sole discretion may | 813 |
determine: | 814 |
(6) Construct, maintain, repair, furnish, equip, sell, | 830 |
exchange, lease, or lease with an option to purchase, any property | 831 |
that it is authorized to acquire. A port authority that is subject | 832 |
to this section also may operate any property in connection with | 833 |
transportation, recreational, governmental operations, or cultural | 834 |
activities. | 835 |
(a) Any purchase, exchange, sale, lease, lease with an option | 836 |
to purchase, conveyance of other interests in, or other contract | 837 |
with a person or governmental entity that pertains to the | 838 |
acquisition, construction, maintenance, repair, furnishing, | 839 |
equipping, or operation of any real or personal property, or any | 840 |
combination thereof, related to, useful for, or in furtherance of | 841 |
an activity contemplated by Section 13 or 16 of Article VIII, Ohio | 842 |
Constitution, shall be made in such manner and subject to such | 843 |
terms and conditions as may be determined by the board of | 844 |
directors in its discretion. | 845 |
(8) Exercise the right of eminent domain to appropriate any | 872 |
land, rights, rights-of-way, franchises, easements, or other | 873 |
property, necessary or proper for any authorized purpose, pursuant | 874 |
to the procedure provided in sections 163.01 to 163.22 of the | 875 |
Revised Code, if funds equal to the appraised value of the | 876 |
property to be acquired as a result of such proceedings are | 877 |
available for that purpose, except that nothing contained in | 878 |
sections 4582.01 to 4582.20 of the Revised Code shall authorize a | 879 |
port authority to take or disturb property or facilities belonging | 880 |
to any agency or political subdivision of this state, public | 881 |
utility, or common carrier, which property or facilities are | 882 |
necessary and convenient in the operation of the agency or | 883 |
political subdivision, public utility, or common carrier, unless | 884 |
provision is made for the restoration, relocation, or duplication | 885 |
of the property or facilities, or upon the election of the agency | 886 |
or political subdivision, public utility, or common carrier, for | 887 |
the payment of compensation, if any, at the sole cost of the port | 888 |
authority, provided that: | 889 |
(12) Sell, lease, or convey other interests in real and | 918 |
personal property and grant easements or rights-of-way over | 919 |
property of the port authority. The board of directors shall | 920 |
specify the consideration and any terms thereof for the sale, | 921 |
lease, or conveyance of other interests in real and personal | 922 |
property. Any determinations made by the board of directors under | 923 |
this division shall be conclusive. The sale, lease, or conveyance | 924 |
may be made without advertising and the receipt of bids. | 925 |
(14) Adopt rules, not in conflict with general law, governing | 932 |
the use of and the safeguarding of its property, grounds, | 933 |
buildings, equipment, and facilities, safeguarding persons and | 934 |
their property located on or in port authority property, and | 935 |
governing the conduct of its employees and the public, in order to | 936 |
promote the public safety and convenience in and about its | 937 |
terminals and grounds, and to maintain order. Any such regulation | 938 |
shall be posted at no less than five public places in the port | 939 |
authority, as determined by the board of directors, for a period | 940 |
of not fewer than fifteen days, and shall be available for public | 941 |
inspection at the principal office of the port authority during | 942 |
regular business hours. No person shall violate any lawful | 943 |
regulation adopted and posted as provided in this division. | 944 |
Sec. 4582.48. A port authority at any time may issue port | 955 |
authority revenue bonds in such principal amounts as, in the | 956 |
opinion of the port authority, are necessary for the purpose of | 957 |
paying the cost of one or more port authority facilities or parts | 958 |
thereof. A port authority at any time may issue renewal notes, | 959 |
issue bonds to retire its notes and whenever it considers | 960 |
refunding expedient, refund any bonds by the issuance of port | 961 |
authority revenue refunding bonds whether the bonds to be refunded | 962 |
have or have not matured, and issue port authority revenue bonds | 963 |
partly to refund outstanding bonds and partly for any other | 964 |
authorized purpose. The port authority revenue refunding bonds | 965 |
shall be sold and the proceeds applied to the purchase, | 966 |
redemption, or payment of the bonds to be refunded. Port authority | 967 |
revenue bonds shall be special obligations of the port authority | 968 |
payable out of the revenues of the port authority that are pledged | 969 |
for such payment. The pledge shall be valid and binding from the | 970 |
time the pledge is made and the revenues so pledged and thereafter | 971 |
received by the port authority immediately shall be subject to the | 972 |
lien of the pledge without any physical delivery thereof or | 973 |
further act, and the lien of the pledge is valid and binding as | 974 |
against all parties having claims of any kind in tort, contract, | 975 |
or otherwise against the port authority, irrespective of whether | 976 |
those parties have notice thereof. Neither the resolution nor any | 977 |
trust agreement by which a pledge is created need be filed or | 978 |
recorded except in the records of the port authority. | 979 |
The port authority revenue bonds shall be authorized by | 985 |
resolution of the port authority, and shall bear interest at such | 986 |
rate or rates, shall bear such date or dates, and shall mature at | 987 |
such time or times, and in such number of installments as may be | 988 |
provided in or pursuant to that resolution. The final maturity of | 989 |
any port authority revenue bond in the form of a note and any | 990 |
renewals thereof shall not exceed five years from the date of | 991 |
issue of the original note. The final maturity of any original | 992 |
issue of port authority revenue bonds shall not
exceed forty years | 993 |
from the date of issue, and the final maturity of any port | 994 |
authority revenue bonds that refund outstanding port authority | 995 |
revenue bonds shall not be later than the later of forty | 996 |
forty-five years from the date of issue of the original issue of | 997 |
bonds or the date by which it is expected, at the time of issuance | 998 |
of the refunding bonds, that the useful life of all of the | 999 |
property refinanced with the proceeds of the bonds, other than | 1000 |
interests in land, will have expired. Any such bonds or notes | 1001 |
shall be executed in a manner as the resolution or resolutions may | 1002 |
provide. The port authority revenue bonds shall be in such | 1003 |
denominations, be in such form, either coupon or registered, carry | 1004 |
such registration privileges, be payable in such medium of | 1005 |
payment, at such place or places, and be subject to such terms of | 1006 |
redemption as may be provided in or pursuant to the resolution | 1007 |
authorizing their issuance. Port authority revenue bonds of the | 1008 |
port authority may be sold by the port authority, at public or | 1009 |
private sale, at or at not less than a price or prices as the port | 1010 |
authority determines. In case any officer whose signature or a | 1011 |
facsimile of whose signature appears on any bonds, notes, or | 1012 |
coupons, ceases to be such officer before delivery of bonds or | 1013 |
notes, the signature or facsimile shall nevertheless be sufficient | 1014 |
for all purposes the same as if the officer had remained in office | 1015 |
until such delivery, and in case the seal of the port authority | 1016 |
has been changed after a facsimile has been imprinted on such | 1017 |
bonds or notes, the facsimile seal will continue to be sufficient | 1018 |
for all purposes. | 1019 |
Any resolution or resolutions authorizing any port authority | 1020 |
revenue bonds or any issue of bonds may contain provisions, | 1021 |
subject to any agreements with bondholders as may then exist, | 1022 |
which provisions shall be a part of the contract with the holders | 1023 |
of bonds, as to the pledging of all or any part of the revenues of | 1024 |
the port authority to secure the payment of the port authority | 1025 |
bonds or of any issue of the bonds; the use and disposition of | 1026 |
revenues of the port authority; a covenant to fix, alter, and | 1027 |
collect rentals and other charges so that pledged revenues will be | 1028 |
sufficient to pay costs of operation, maintenance, and repairs, | 1029 |
pay principal of and interest on bonds secured by the pledge of | 1030 |
such revenues, and provide any reserves that may be required by | 1031 |
the applicable resolution or trust agreement; the setting aside of | 1032 |
reserve funds, sinking funds, or replacement and improvement funds | 1033 |
and the regulation and disposition thereof; the crediting of the | 1034 |
proceeds of the sale of bonds to and among the funds referred to | 1035 |
or provided for in or pursuant to the resolution authorizing the | 1036 |
issuance of the bonds or notes; the use, lease, sale, or other | 1037 |
disposition of any port authority facility or any other assets of | 1038 |
the port authority; limitations on the purpose to which the | 1039 |
proceeds of sale of bonds may be applied and the pledging of those | 1040 |
proceeds to secure the payment of the bonds or of any issue of the | 1041 |
bonds; as to notes issued in anticipation of the issuance of | 1042 |
bonds, the agreement of the port authority to do all things | 1043 |
necessary for the authorization, issuance, and sale of the bonds | 1044 |
in amounts that may be necessary for the timely retirement of the | 1045 |
notes; limitations on the issuance of additional bonds; the terms | 1046 |
upon which additional bonds may be issued and secured; the | 1047 |
refunding of outstanding bonds; the procedure, if any, by which | 1048 |
the terms of any contract with bondholders may be amended or | 1049 |
abrogated, the amount of bonds the holders of which must consent | 1050 |
thereto, and the manner in which such consent may be given; | 1051 |
limitations on the amount of moneys to be expended by the port | 1052 |
authority for operating, administrative, or other expenses of the | 1053 |
port authority; securing any bonds or notes by a trust agreement | 1054 |
in accordance with section 4582.50 of the Revised Code; and any | 1055 |
other matters, of like or different character, that in any way | 1056 |
affect the security or protection of the bonds or notes. | 1057 |
Sec. 5747.08. An annual return with respect to the tax | 1062 |
imposed by section 5747.02 of the Revised Code and each tax | 1063 |
imposed under Chapter 5748. of the Revised Code shall be made by | 1064 |
every taxpayer for any taxable year for which the taxpayer is | 1065 |
liable for the tax imposed by that section or under that chapter, | 1066 |
unless the total credits allowed under divisions (E), (F), and (G) | 1067 |
of section 5747.05 of the Revised Code for the year are equal to | 1068 |
or exceed the tax imposed by section 5747.02 of the Revised Code, | 1069 |
in which case no return shall be required unless the taxpayer is | 1070 |
liable for a tax imposed pursuant to Chapter 5748. of the Revised | 1071 |
Code. | 1072 |
(D)(1)(a) Except as otherwise provided in division (D)(1)(b) | 1085 |
of this section, any pass-through entity may file a single return | 1086 |
on behalf of one or more of the entity's investors other than an | 1087 |
investor that is a person subject to the tax imposed under section | 1088 |
5733.06 of the Revised Code. The single return shall set forth the | 1089 |
name, address, and social security number or other identifying | 1090 |
number of each of those pass-through entity investors and shall | 1091 |
indicate the distributive share of each of those pass-through | 1092 |
entity investor's income taxable in this state in accordance with | 1093 |
sections 5747.20 to 5747.231 of the Revised Code. Such | 1094 |
pass-through entity investors for whom the pass-through entity | 1095 |
elects to file a single return are not entitled to the exemption | 1096 |
or credit provided for by sections 5747.02 and 5747.022 of the | 1097 |
Revised Code; shall calculate the tax before business credits at | 1098 |
the highest rate of tax set forth in section 5747.02 of the | 1099 |
Revised Code for the taxable year for which the return is filed; | 1100 |
and are entitled to only their distributive share of the business | 1101 |
credits as defined in division (D)(2) of this section. A single | 1102 |
check drawn by the pass-through entity shall accompany the return | 1103 |
in full payment of the tax due, as shown on the single return, for | 1104 |
such investors, other than investors who are persons subject to | 1105 |
the tax imposed under section 5733.06 of the Revised Code. | 1106 |
(c) Nothing in division (D) of this section precludes the tax | 1117 |
commissioner from requiring such investors to file the return and | 1118 |
make the payment of taxes and related interest, penalty, and | 1119 |
interest penalty required by this section or section 5747.02, | 1120 |
5747.09, or 5747.15 of the Revised Code. Nothing in division (D) | 1121 |
of this section shall be construed to provide to such an investor | 1122 |
or pass-through entity any additional deduction or credit, other | 1123 |
than the credit provided by division (J) of this section, solely | 1124 |
on account of the entity's filing a return in accordance with this | 1125 |
section. Such a pass-through entity also shall make the filing and | 1126 |
payment of estimated taxes on behalf of the pass-through entity | 1127 |
investors other than an investor that is a person subject to the | 1128 |
tax imposed under section 5733.06 of the Revised Code. | 1129 |
(4) If a pass-through entity makes the election provided for | 1167 |
under division (D) of this section, the pass-through entity shall | 1168 |
be liable for any additional taxes, interest, interest penalty, or | 1169 |
penalties imposed by this chapter if the tax commissioner finds | 1170 |
that the single return does not reflect the correct tax due by the | 1171 |
pass-through entity investors covered by that return. Nothing in | 1172 |
this division shall be construed to limit or alter the liability, | 1173 |
if any, imposed on pass-through entity investors for unpaid or | 1174 |
underpaid taxes, interest, interest penalty, or penalties as a | 1175 |
result of the pass-through entity's making the election provided | 1176 |
for under division (D) of this section. For the purposes of | 1177 |
division (D) of this section, "correct tax due" means the tax that | 1178 |
would have been paid by the pass-through entity had the single | 1179 |
return been filed in a manner reflecting the tax commissioner's | 1180 |
findings. Nothing in division (D) of this section shall be | 1181 |
construed to make or hold a pass-through entity liable for tax | 1182 |
attributable to a pass-through entity investor's income from a | 1183 |
source other than the pass-through entity electing to file the | 1184 |
single return. | 1185 |
If either spouse is not required to file a federal income tax | 1192 |
return and either or both are required to file a return pursuant | 1193 |
to this chapter, they may elect to file separate or joint returns, | 1194 |
and, pursuant to that election, their liabilities are separate or | 1195 |
joint and several. If a husband and wife file separate returns | 1196 |
pursuant to this chapter, each must claim the taxpayer's own | 1197 |
exemption, but not both, as authorized under section 5747.02 of | 1198 |
the Revised Code on the taxpayer's own return. | 1199 |
(G) Each return or notice required to be filed under this | 1208 |
section shall be made and filed as required by section 5747.04 of | 1209 |
the Revised Code, on or before the fifteenth day of April of each | 1210 |
year, on forms that the tax commissioner shall prescribe, together | 1211 |
with remittance made payable to the treasurer of state in the | 1212 |
combined amount of the state and all school district income taxes | 1213 |
shown to be due on the form, unless the combined amount shown to | 1214 |
be due is one dollar or less, in which case that amount need not | 1215 |
be remitted. | 1216 |
Upon good cause shown, the tax commissioner may extend the | 1217 |
period for filing any notice or return required to be filed under | 1218 |
this section and may adopt rules relating to extensions. If the | 1219 |
extension results in an extension of time for the payment of any | 1220 |
state or school district income tax liability with respect to | 1221 |
which the return is filed, the taxpayer shall pay at the time the | 1222 |
tax liability is paid an amount of interest computed at the rate | 1223 |
per annum prescribed by section 5703.47 of the Revised Code on | 1224 |
that liability from the time that payment is due without extension | 1225 |
to the time of actual payment. Except as provided in section | 1226 |
5747.132 of the Revised Code, in addition to all other interest | 1227 |
charges and penalties, all taxes imposed under this chapter or | 1228 |
Chapter 5748. of the Revised Code and remaining unpaid after they | 1229 |
become due, except combined amounts due of one dollar or less, | 1230 |
bear interest at the rate per annum prescribed by section 5703.47 | 1231 |
of the Revised Code until paid or until the day an assessment is | 1232 |
issued under section 5747.13 of the Revised Code, whichever occurs | 1233 |
first. | 1234 |
(H) If any report, claim, statement, or other document | 1243 |
required to be filed, or any payment required to be made, within a | 1244 |
prescribed period or on or before a prescribed date under this | 1245 |
chapter is delivered after that period or that date by United | 1246 |
States mail to the agency, officer, or office with which the | 1247 |
report, claim, statement, or other document is required to be | 1248 |
filed, or to which the payment is required to be made, the date of | 1249 |
the postmark stamped on the cover in which the report, claim, | 1250 |
statement, or other document, or payment is mailed shall be deemed | 1251 |
to be the date of delivery or the date of payment. | 1252 |
(J) If, in accordance with division (D) of this section, a | 1266 |
pass-through entity elects to file a single return and if any | 1267 |
investor is required to file the return and make the payment of | 1268 |
taxes required by this chapter on account of the investor's other | 1269 |
income that is not included in a single return filed by a | 1270 |
pass-through entity, the investor is entitled to a refundable | 1271 |
credit equal to the investor's proportionate share of the tax paid | 1272 |
by the pass-through entity on behalf of the investor. The investor | 1273 |
shall claim the credit for the investor's taxable year in which or | 1274 |
with which ends the taxable year of the pass-through entity. | 1275 |
Nothing in this chapter shall be construed to allow any credit | 1276 |
provided in this chapter to be claimed more than once. For the | 1277 |
purposes of computing any interest, penalty, or interest penalty, | 1278 |
the investor shall be deemed to have paid the refundable credit | 1279 |
provided by this division on the day that the pass-through entity | 1280 |
paid the estimated tax or the tax giving rise to the credit. | 1281 |
(K) The tax commissioner shall ensure that each return | 1282 |
required to be filed under this section includes a box that the | 1283 |
taxpayer may check to authorize a paid tax preparer who prepared | 1284 |
the return to communicate with the department of taxation about | 1285 |
matters pertaining to the return. The return or instructions | 1286 |
accompanying the return shall indicate that by checking the box | 1287 |
the taxpayer authorizes the department of taxation to contact the | 1288 |
preparer concerning questions that arise during the processing of | 1289 |
the return and authorizes the preparer only to provide the | 1290 |
department with information that is missing from the return, to | 1291 |
contact the department for information about the processing of the | 1292 |
return or the status of the taxpayer's refund or payments, and to | 1293 |
respond to notices about mathematical errors, offsets, or return | 1294 |
preparation that the taxpayer has received from the department and | 1295 |
has shown to the preparer. | 1296 |
Section 4. The amendments to sections 133.01, 133.02, 133.18, | 1312 |
133.20, 133.21, and 133.34 of the Revised Code and the enactment | 1313 |
of section 133.022 of the Revised Code in Am. Sub. H.B. 1 of the | 1314 |
128th General Assembly apply to any proceedings commenced after | 1315 |
the effective date of that act, and, so far as their provisions | 1316 |
support the actions taken, also apply to any proceedings that on | 1317 |
the effective date of that act are pending, in progress, or, in | 1318 |
the case of elections or otherwise, completed, and to the | 1319 |
securities authorized or issued pursuant to those proceedings, | 1320 |
notwithstanding the applicable laws previously in effect or any | 1321 |
provision to the contrary in a prior resolution, ordinance, order, | 1322 |
advertisement, notice, or other proceeding. Any proceedings | 1323 |
pending or in progress on the effective date of those amendments | 1324 |
and enactments, and securities sold, issued, and delivered, and | 1325 |
validated, pursuant to those proceedings, shall be deemed to have | 1326 |
been taken, and authorized, sold, issued, and delivered, and | 1327 |
validated, in conformity with those amendments and enactments. | 1328 |
Those amendments and enactments in Section 101.01 of Am. Sub. | 1329 |
H.B. 1 of the 128th General Assembly provide additional and | 1330 |
supplemental provisions for the subject matter that may also be | 1331 |
the subject of other laws, and are supplemental to and not in | 1332 |
derogation of any similar authority provided by, derived from, or | 1333 |
implied by, the Constitution, or any other law, including laws | 1334 |
amended by this act, or any charter, order, resolution, or | 1335 |
ordinance, and no inference shall be drawn to negate the authority | 1336 |
thereunder by reason of express provisions contained in Section | 1337 |
101.01. | 1338 |
Section 5. The Department of Education shall recompute each | 1344 |
city, exempted village, and local school district's annualized | 1345 |
funding for fiscal year 2010 under Chapter 3306. of the Revised | 1346 |
Code taking into account the amendments to section 3306.052 of the | 1347 |
Revised Code enacted by this act and shall adjust each district's | 1348 |
remaining payments for the fiscal year, as necessary, so that the | 1349 |
final reconciled amount paid to the district for the entire fiscal | 1350 |
year reflects the amendments to section 3306.052 of the Revised | 1351 |
Code enacted by this act. | 1352 |
Of the foregoing appropriation item 935409, Technology | 1369 |
Operations, $2,000,000 in fiscal year 2010up to $1,000,000 in | 1370 |
fiscal year 2010 shall be used by eTech Ohio to maintain the | 1371 |
clearinghouse established under section 3333.82 of the Revised | 1372 |
Code. In fiscal year 2011, up to $1,000,000 shall be used by eTech | 1373 |
Ohio to contract with an entity to provide a common statewide | 1374 |
platform and online advanced placement courses to public school | 1375 |
students in Ohio and,up to $1,000,000 in fiscal year 2011 shall | 1376 |
be used
to maintainfor the continued maintenance of the | 1377 |
clearinghouse established under section 3333.82 of the Revised | 1378 |
Code for online advanced placement courses. School districts that | 1379 |
have students participating in the program shall not be charged a | 1380 |
fee in fiscal yearyears 2010, but may be charged a fee in fiscal | 1381 |
yearand 2011 through the clearinghouse. Students participating in | 1382 |
the program shall receive services free of charge. In choosing a | 1383 |
vendor to provide advanced placement courses, eTech may require | 1384 |
that the courses be provided through the clearinghouse established | 1385 |
under section 3333.82 of the Revised Code. | 1386 |
The remainder of appropriation item 935409, Technology | 1391 |
Operations, shall be used by eTech Ohio to pay expenses of eTech | 1392 |
Ohio's network infrastructure, which includes the television and | 1393 |
radio transmission infrastructure and infrastructure that shall | 1394 |
link all public K-12 classrooms to each other and to the Internet, | 1395 |
and provide access to voice, video, other communication services, | 1396 |
and data educational resources for students and teachers. | 1397 |
Of the foregoing appropriation item 935410, Content | 1404 |
Development, Acquisition, and Distribution, up to $731,055 in | 1405 |
fiscal year 2010 and up to $731,221 in fiscal year 2011 shall be | 1406 |
allocated equally among the 12 Ohio educational television | 1407 |
stations and used with the advice and approval of eTech Ohio. | 1408 |
Funds shall be used for the production of interactive | 1409 |
instructional programming series with priority given to resources | 1410 |
aligned with state academic content standards in consultation with | 1411 |
the Ohio Department of Education and for teleconferences to | 1412 |
support eTech Ohio. The programming shall be targeted to the needs | 1413 |
of the poorest two hundred school districts as determined by the | 1414 |
district's adjusted valuation per pupil as defined in former | 1415 |
section 3317.0213 of the Revised Code as that section existed | 1416 |
prior to June 30, 2005. | 1417 |
Of the foregoing appropriation item 935410, Content | 1418 |
Development, Acquisition, and Distribution, up to $1,810,966 in | 1419 |
fiscal year 2010 and up to $1,811,376 in fiscal year 2011 shall be | 1420 |
distributed by eTech Ohio to Ohio's qualified public educational | 1421 |
television stations and educational radio stations to support | 1422 |
their operations. The funds shall be distributed pursuant to an | 1423 |
allocation formula used by the Ohio Educational Telecommunications | 1424 |
Network Commission unless a substitute formula is developed by | 1425 |
eTech Ohio in consultation with Ohio's qualified public | 1426 |
educational television stations and educational radio stations. | 1427 |
Of the foregoing appropriation item 935410, Content | 1428 |
Development, Acquisition, and Distribution, up to $221,902 in | 1429 |
fiscal year 2010 and up to $221,952 in fiscal year 2011 shall be | 1430 |
distributed by eTech Ohio to Ohio's qualified radio reading | 1431 |
services to support their operations. The funds shall be | 1432 |
distributed pursuant to an allocation formula used by the Ohio | 1433 |
Educational Telecommunications Network Commission unless a | 1434 |
substitute formula is developed by eTech Ohio in consultation with | 1435 |
Ohio's qualified radio reading services. | 1436 |
In addition to state payments to soil and water conservation | 1438 |
districts authorized by section 1515.10 of the Revised Code, the | 1439 |
Department of Natural Resources may use appropriation item 725502, | 1440 |
Soil and Water Districts, to pay any soil and water conservation | 1441 |
district an annual amount not to exceed
$30,000$40,000, upon | 1442 |
receipt of a request and justification from the district and | 1443 |
approval by the Ohio Soil and Water Conservation Commission. The | 1444 |
county auditor shall credit the payments to the special fund | 1445 |
established under section 1515.10 of the Revised Code for the | 1446 |
local soil and water conservation district. Moneys received by | 1447 |
each district shall be expended for the purposes of the district. | 1448 |
The foregoing appropriation item 725677, Oil and Gas Well | 1456 |
Plugging, shall be used exclusively for the purposes of plugging | 1457 |
wells and to properly restore the land surface of idle and orphan | 1458 |
oil and gas wells pursuant to section 1509.071 of the Revised | 1459 |
Code. No funds from the appropriation item shall be used for | 1460 |
salaries, maintenance, equipment, or other administrative | 1461 |
purposes, except for those costs directly attributed to the | 1462 |
plugging of an idle or orphan well. This appropriation item shall | 1463 |
not be used to transfer cash to any other fund or appropriation | 1464 |
item. | 1465 |
The foregoing appropriation item 235596, Hazardous Materials | 1472 |
Program, shall be used by the Chancellor of the Board of Regents | 1473 |
to make awards for the establishment or continued development and | 1474 |
support of hazardous materials education, studies, or programs at | 1475 |
Ohio institutions of higher education and to support the Center | 1476 |
for the Interdisciplinary Study of Education and Leadership in | 1477 |
Public Service at Cleveland State University. The Center increases | 1478 |
the role of special populations in public service and | 1479 |
not-for-profit organizations by studying issues in public service | 1480 |
and guides strategies for attracting new communities into public | 1481 |
service occupations by bringing together a cadre of researchers, | 1482 |
scholars, and professionals representing the public | 1483 |
administration, social behavioral, and education disciplines. | 1484 |
Section 10. The amendments by this act of sections 4582.06 | 1501 |
and 4582.48 of the Revised Code apply to any proceedings commenced | 1502 |
after the effective date of the act, and, so far as their | 1503 |
provisions support the actions taken, also apply to any | 1504 |
proceedings that on the effective date of the act are pending, in | 1505 |
progress, or completed, and to the securities authorized or issued | 1506 |
pursuant to those proceedings, notwithstanding the applicable laws | 1507 |
previously in effect or any provision to the contrary in a prior | 1508 |
resolution, ordinance, order, advertisement, notice, or other | 1509 |
proceeding. Any proceedings pending or in progress on the | 1510 |
effective date of those amendments, and securities sold, issued, | 1511 |
and delivered, and validated, pursuant to those proceedings, shall | 1512 |
be deemed to have been taken, and authorized, sold, issued, and | 1513 |
delivered, and validated, in conformity with those amendments. | 1514 |
The authority provided by the amendments by this act of | 1515 |
sections 4582.06 and 4582.48 of the Revised Code provide | 1516 |
additional and supplemental provisions for the subject matter that | 1517 |
also may be the subject of other laws, and is supplemental to and | 1518 |
not in derogation of any similar authority provided by, derived | 1519 |
from, or implied by, the Constitution of the United States and the | 1520 |
Constitution of Ohio, or any other law, including laws amended by | 1521 |
this act, or any charter, order, resolution, or ordinance, and no | 1522 |
inference shall be drawn to negate the authority of such laws by | 1523 |
reason of express provisions contained in the amendments. | 1524 |
Section 14. This act is declared to be an emergency measure | 1543 |
necessary for the immediate preservation of the public peace, | 1544 |
health, and safety. The reason for such necessity lies in the | 1545 |
need, in these times of high unemployment, to provide continued | 1546 |
assistance to those who have been struggling to find work in this | 1547 |
difficult economic climate, and to provide timely administration | 1548 |
of the changes in the school funding system enacted by this act | 1549 |
for the current fiscal year, while at the same time protecting the | 1550 |
health and safety of the public. Therefore, this act shall go into | 1551 |
immediate effect. | 1552 |