As Reported by the House Finance and Appropriations Committee

128th General Assembly Regular Session 2009-2010

Sub. S. B. No. 155

Senators Carey, Miller, D. 

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 

---

A BILL

To amend sections 117.13, 1515.14, 3306.052,

1

3734.901, 4141.301, 4582.06, 4582.48, and 5747.08

2

of the Revised Code and to amend Sections 281.20,

3

343.40, and 371.50.90 of Am. Sub. H.B. 1 of the

4

128th General Assembly to require that the costs

5

of all biennial audits of state agencies be

6

charged to the state agency being audited, to

7

alter the allocation of the proceeds of the

8

existing fee on the sale of new tires in order to

9

provide funding for the Soil and Water

10

Conservation District Assistance Fund, to increase

11

the maximum amount of the annual soil and water

12

conservation district subsidy, to permit

13

individual taxpayers to direct the state to

14

transmit an income tax refund directly to certain

15

accounts, to allow the use of the state on and off

16

triggers for state extended unemployment benefits

17

using the total unemployment rate and the payment

18

of high-unemployment period benefits if the

19

benefits are federally funded, to modify the

20

computation of payments for career-technical

21

education for certain school districts for fiscal

22

years 2010 and 2011, to modify the effective date

23

of certain changes to the Uniform Public

24

Securities Law made in Am. Sub. H.B. 1 of the

25

128th General Assembly, to establish that the

26

final maturity for a port authority revenue bond

27

must not be later than 45 years after the issuance

28

of the bond rather than 40 years, to make changes

29

to the eTech Ohio clearinghouse, to transfer the

30

Louvee Theater Project from Rio Grande Community

31

College to Ohio University, to redirect certain

32

capital appropriations, to modify appropriation

33

intent language, and to declare an emergency.

34

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

Section 1. That sections 117.13, 1515.14, 3306.052, 3734.901,	35
4141.301, 4582.06, 4582.48, and 5747.08 of the Revised Code be	36
amended to read as follows:	37

Sec. 117.13.  (A) The costs of audits of state agencies shall	38
be recovered by the auditor of state in the following manner:	39

(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) The auditor of state shall establish by rule rates to be	55
charged to state agencies or to the department of administrative	56
services for recovering the costs of audits of state agencies.	57

(B) As used in this division, "government auditing standards"	58
means the government auditing standards published by the	59
comptroller general of the United States general accounting	60
office.	61

(1) Except as provided in divisions (B)(2) and (3) of this	62
section, any costs of an audit of a private institution,	63
association, board, or corporation receiving public money for its	64
use shall be charged to the public office providing the public	65
money in the same manner as costs of an audit of the public	66
office.	67

(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

(3) If such an audit does not set forth that money has been	77
illegally expended, converted, misappropriated, or is unaccounted	78
for or sets forth findings that are inconsequential, as defined by	79
government auditing standards, the costs of the audit shall be	80
charged as follows:	81

(a) One-third of the costs to the agency being audited;

82

(b) One-third of the costs to the public children services	83
agency that provided the public money to the agency being audited;	84

(c) One-third of the costs to the department of job and	85
family services.	86

(C) The costs of audits of local public offices shall be	87
recovered by the auditor of state in the following manner:	88

(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

(3) At the conclusion of each audit, or analysis and report	124
made pursuant to section 117.24 of the Revised Code, the auditor	125
of state shall furnish the fiscal officer of the local public	126
office audited a statement showing the total cost of the audit, or	127
of the audit and the analysis and report, and the percentage of	128
the total cost chargeable to each fund audited. The fiscal officer	129
may distribute such total cost to each fund audited in accordance	130
with its percentage of the total cost.	131

(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

For the purpose of providing money to soil and water	192
conservation districts under this section, there is hereby created	193
in the state treasury the soil and water conservation district	194
assistance fund consisting of money credited to it under section	195
sections 3714.073 and 3734.901 and division (A)(5) of section	196
3734.57 of the Revised Code.	197

Sec. 3306.052.  Each city, local, and exempted village school	198
district shall receive funding for career-technical education	199
teachers and career-technical education program operations for	200
fiscal years 2010 and 2011 as follows:	201

(A) For fiscal year 2010, each district shall receive an	202
amount equal to the amountsum of the amounts the district	203
received for fiscal year 2009 under division (E) of section	204
3317.022 and division (N) of section 3317.024 of the Revised Code,	205
as that sectionthose sections existed for that fiscal year, times	206
1.0075.	207

(B) For fiscal year 2011, each district shall receive an	208
amount equal to the amount the district received for fiscal year	209
2010 under division (A) of this section times 1.0075.	210

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) Only one sale of the same article shall be used in	248
computing the amount of the fee due.	249

Sec. 4141.301.  (A) As used in this section, unless the	250
context clearly requires otherwise:	251

(1) "Extended benefit period" means a period which:

252

(a) Begins with the third week after a week for which there	253
is a state "on" indicator; and	254

(b) Ends with either of the following weeks, whichever occurs	255
later:	256

(i) The third week after the first week for which there is a	257
state "off" indicator; or	258

(ii) The thirteenth consecutive week of such period.

259

Except, that no extended benefit period may begin by reason	260
of a state "on" indicator before the fourteenth week following the	261
end of a prior extended benefit period which was in effect with	262
respect to this state.	263

(2) There is a "state 'on' indicator" for this state for a	264
week if the director of job and family services determines, in	265
accordance with the regulations of the United States secretary of	266
labor, that for the period consisting of such week and the	267
immediately preceding twelve weeks, the rate of insured	268
unemployment, not seasonally adjusted, under Chapter 4141. of the	269
Revised Code:	270

(a) Equaled or exceeded one hundred twenty per cent of the	271
average of such rates for the corresponding thirteen-week period	272
ending in each of the preceding two calendar years and equaled or	273
exceeded five per cent;	274

(b) For weeks of unemployment such rate of insured	275
unemployment:	276

(i) Met the criteria set forth in division (A)(2)(a) of this	277
section; or	278

(ii) Equaled or exceeded six per cent.

279

(3)(a) For weeks of unemployment beginning on or after	280
February 22, 2009, there is a "state 'on' indicator" for this	281
state for a week if the director determines both of the following	282
are satisfied:	283

(i) That the average rate of total unemployment, seasonally	284
adjusted, as determined by the United States secretary of labor,	285
for the period consisting of the most recent three months for	286
which data for all states are published before the close of that	287
week equals or exceeds six and one-half per cent;	288

(ii) That the average rate of total unemployment, seasonally	289
adjusted, as determined by the United States secretary of labor,	290
for the three-month period described in division (A)(3)(a)(i) of	291
this section, equals or exceeds one hundred ten per cent of the	292
average for either or both of the corresponding three-month	293
periods ending in the two preceding calendar years.	294

(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

(4) A "state 'off' indicator" exists for the state for a week	306
if the director determines, in accordance with the regulations of	307
the United States secretary of labor, that for the period	308
consisting of such week and the immediately preceding twelve	309
weeks, the rate of insured unemployment, not seasonally adjusted,	310
under Chapter 4141. of the Revised Code:	311

(a) Was less than one hundred twenty per cent of the average	312
of such rates for the corresponding thirteen-week period ending in	313
each of the preceding two calendar years and was less than five	314
per cent;	315

(b) For weeks of unemployment such rate of insured	316
unemployment:	317

(i) Was less than six per cent; and

318

(ii) Met the criteria set forth in division (A)(4)(a) of this	319
section.	320

(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

(6) "Rate of insured unemployment," for purposes of divisions	331
(A)(2) and (4) of this section, means the percentage derived by	332
dividing:	333

(a) The average weekly number of individuals filing claims	334
for regular compensation in this state for weeks of unemployment	335
with respect to the most recent thirteen-consecutive-week period,	336
as determined by the director on the basis of the director's	337
reports to the United States secretary of labor, by	338

(b) The average monthly employment covered under Chapter	339
4141. of the Revised Code, for the first four of the most recent	340
six completed calendar quarters ending before the end of such	341
thirteen-week period.	342

(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

(8) "Extended benefits" means benefits, including benefits	351
payable to federal civilian employees and to ex-servicepersons	352
pursuant to the "Act of September 6, 1966," 80 Stat. 585, 5	353
U.S.C.A. 8501, and additional benefits, payable to an individual	354
under the provisions of this section for weeks of unemployment in	355
the individual's eligibility period.	356

(9) "Eligibility period" of an individual means the period	357
consisting of the weeks in the individual's benefit year which	358
begin in an extended benefit period and, if the individual's	359
benefit year ends within the extended benefit period, any weeks	360
thereafter which begin in the period.	361

(10) "Exhaustee" means an individual who, with respect to any	362
week of unemployment in the individual's eligibility period:	363

(a) Has received prior to the week, all of the regular	364
benefits that were available to the individual under Chapter 4141.	365
of the Revised Code, or any other state law, including dependents'	366
allowance and benefits payable to federal civilian employees and	367
ex-servicepersons under the "Act of September 6, 1966," 80 Stat.	368
585, 5 U.S.C.A. 8501, in the individual's current benefit year	369
that includes the week;	370

(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

(i) As a result of a pending appeal with respect to wages or	384
employment, or both, that were not included in the original	385
monetary determination with respect to the individual's current	386
benefit year, the individual may subsequently be determined to be	387
entitled to more regular benefits, or	388

(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

(iii) Having established a benefit year, no regular benefits	400
are payable to the individual during the year because the	401
individual's wage credits were cancelled or the individual's right	402
to regular benefits was totally reduced as the result of the	403
application of a disqualification; or	404

(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

(i) Has no right for the week to unemployment benefits or	414
allowances, as the case may be, under the Railroad Unemployment	415
Insurance Act, the Trade Act of 1974, and other federal laws as	416
are specified in regulations issued by the United States secretary	417
of labor; and	418

(ii) Has not received and is not seeking for the week	419
unemployment benefits under the unemployment compensation law of	420
the Virgin Islands, prior to the day after that on which the	421
secretary of labor approves the unemployment compensation law of	422
the Virgin Islands, or of Canada; or if the individual is seeking	423
benefits and the appropriate agency finally determines that the	424
individual is not entitled to benefits under the law for the week.	425

(11) "State law" means the unemployment insurance law of any	426
state, approved by the United States secretary of labor under	427
section 3304 of the Internal Revenue Code of 1954.	428

(12) "Additional benefits" means benefits totally financed by	429
a state and payable to exhaustees by reason of high unemployment	430
or by reason of other special factors under the provisions of any	431
state law.	432

(B) Except when the result would be inconsistent with the	433
other provisions of this section, as provided in the regulations	434
of the director, the provisions of Chapter 4141. of the Revised	435
Code, which apply to claims for, or the payment of, regular	436
benefits, shall apply to claims for, and the payment of, extended	437
benefits.	438

(C) Any individual shall be eligible to receive extended	439
benefits with respect to any week of unemployment in the	440
individual's eligibility period only if the director finds that,	441
with respect to such week:	442

(1) The individual is an "exhaustee" as defined in division	443
(A)(10) of this section; and	444

(2) The individual has satisfied the requirements of Chapter	445
4141. of the Revised Code, for the receipt of regular benefits	446
that are applicable to individuals claiming extended benefits,	447
including not being subject to a disqualification for the receipt	448
of benefits.	449

(D) The weekly extended benefit amount payable to an	450
individual for a week of total unemployment in the individual's	451
eligibility period shall be the same as the weekly benefit amount	452
payable to the individual during the individual's applicable	453
benefit year.	454

(E) Except as provided in division (F) of this section, the	455
total extended benefit amount payable to any eligible individual	456
with respect to the individual's applicable benefit year shall be	457
the lesser of the following amounts:	458

(1) Fifty per cent of the total amount of regular benefits,	459
including dependents' allowances which were payable to the	460
individual under Chapter 4141. of the Revised Code, in the	461
individual's applicable benefit year;	462

(2) Thirteen times the individual's weekly benefit amount,	463
including dependents' allowances, which was payable to the	464
individual under Chapter 4141. of the Revised Code, for a week of	465
total unemployment in the applicable benefit year; provided, that	466
in making the computation under divisions (E)(1) and (2) of this	467
section, any amount which is not a multiple of one dollar shall be	468
rounded to the next lower multiple of one dollar.	469

(F) For purposes of this division, "high-unemployment period"	470
means a period during which an extended benefit period would be in	471
effect if division (A)(3)(a)(i) of this section were applied by	472
substituting "eight per cent" for "six and one-half per cent."	473

Effective with respect to weeks beginning in a	474
high-unemployment period, the total extended benefit amount	475
payable to an eligible individual with respect to the applicable	476
benefit year shall be the lesser of the following amounts:	477

(1) Eighty per cent of the total amount of regular benefits	478
that were payable to the individual pursuant to this section in	479
the individual's applicable benefit year;	480

(2) Twenty times the individual's average weekly benefit	481
amount that was payable to the individual pursuant to this section	482
for a week of total unemployment in the applicable benefit year.	483

(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

(H)(1) Except as provided in division (H)(2) of this section,	500
an individual eligible for extended benefits pursuant to an	501
interstate claim filed in any state under the interstate benefit	502
payment plan shall not be paid extended benefits for any week in	503
which an extended benefit period is not in effect in such state.	504

(2) Division (H)(1) of this section does not apply with	505
respect to the first two weeks for which extended compensation is	506
payable to an individual, as determined without regard to this	507
division, pursuant to an interstate claim filed under the	508
interstate benefit payment plan from the total extended benefit	509
amount payable to that individual in the individual's applicable	510
benefit year.	511

(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

(I)(1) Whenever an extended benefit period is to become	522
effective in this state, as a result of a state "on" indicator, or	523
an extended benefit period is to be terminated in this state as a	524
result of a state "off" indicator, the director shall make an	525
appropriate public announcement.	526

(2) Computations required by division (A)(6) of this section	527
shall be made by the director, in accordance with the regulations	528
prescribed by the United States secretary of labor.	529

(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

(c) As extended benefits are paid to eligible individuals:

553

(i) One-half of such benefits shall be charged to an extended	554
benefit account to which reimbursement payments of one-half of	555
extended benefits, received from the federal government as	556
described in division (L) of this section, shall be credited; and	557

(ii) One-half of the extended benefits shall be charged to	558
the accounts of base period employers and the mutualized account	559
in the same proportion as was provided for on the regular claim;	560
or	561

(iii) The full amount of extended benefits shall be charged	562
to the accounts of the state and its instrumentalities, its	563
political subdivisions and their instrumentalities, and Indian	564
tribes. Employers making payments in lieu of contributions shall	565
be charged in accordance with division (B)(1) of section 4141.241	566
of the Revised Code; or	567

(iv) In the case of payments under division (A)(3) of this	568
section that are fully funded under Section 2005(a) of the	569
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	570
111-5, 123 Stat. 115, as amended, without regard to the extension	571
of federal sharing for certain claims as provided under section	572
2005(c) of that law, none of the extended benefits shall be	573
charged to the accounts of base period employers or to the	574
mutualized account.	575

(d) If the application for extended benefits is disallowed, a	576
determination shall be issued to the claimant, which determination	577
shall set forth the reasons for the disallowance. Determinations	578
issued under this division, whether allowed or disallowed, shall	579
be subject to reconsideration and appeal in accordance with	580
section 4141.281 of the Revised Code.	581

(2) Any additional or continued claims, as described in	582
division (F) of section 4141.01 of the Revised Code, filed by an	583
individual at the beginning of, or during, the individual's	584
extended benefit period shall be determined under division (E) of	585
section 4141.28 of the Revised Code, and such determination shall	586
be subject to reconsideration and appeal in accordance with	587
section 4141.281 of the Revised Code.	588

(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

(2) For purposes of this section, the term "suitable work"	608
means, with respect to an individual, any work which is within the	609
individual's capabilities, provided that with respect to the	610
position all of the following requirements are met:	611

(a) It offers the individual gross average weekly	612
remuneration of more than the sum of:	613

(i) The individual's extended weekly benefit amount; and

614

(ii) The amount of supplemental unemployment compensation	615
benefits, as defined in section 501(c)(17)(D) of the "Internal	616
Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to	617
the individual for the week of unemployment.	618

(b) It pays equal to or more than the higher of:

619

(i) The minimum wage provided by section 6(a)(1) of the "Fair	620
Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A. 206,	621
without regard to any exemption; or	622

(ii) Any applicable state or local minimum wage.

623

(c) It is offered to the individual in writing or is listed	624
with the employment office maintained or designated by the	625
director.	626

(3) Extended benefits shall not be denied under this division	627
to any individual for any week by reason of a failure to accept an	628
offer of, or apply for suitable work if either of the following	629
conditions apply:	630

(a) The failure would not result in a denial of benefits to a	631
regular benefit claimant under section 4141.29 of the Revised Code	632
to the extent that section 4141.29 of the Revised Code is not	633
inconsistent with division (K)(2) of this section;	634

(b) The individual furnishes evidence satisfactory to the	635
director that the individual's prospects for obtaining work in the	636
individual's customary occupation within a reasonably short period	637
are good. If the evidence is deemed satisfactory, the	638
determination as to whether any work is suitable work with respect	639
to this individual and whether the individual is ineligible or	640
disqualified shall be based upon the meaning of "suitable work"	641
and other provisions in section 4141.29 of the Revised Code.	642

(4) For purposes of this section, an individual shall be	643
treated as actively engaged in seeking work during any week if:	644

(a) The individual has engaged in a systematic and sustained	645
effort to obtain work during that week; and	646

(b) The individual provides tangible evidence to the director	647
that the individual has engaged in the effort during that week.	648

(5) The director shall refer applicants for extended benefits	649
to job openings that meet the requirements of divisions (E) and	650
(F) of section 4141.29 of the Revised Code, and in the case of	651
applicants whose prospects are determined not to be good under	652
division (K)(3)(b) of this section to any suitable work which	653
meets the criteria in divisions (K)(2) and (3)(a) of this section.	654

(6) Individuals denied extended or regular benefits under	655
division (D)(1)(b) of section 4141.29 of the Revised Code because	656
of being given a disciplinary layoff for misconduct must, after	657
the date of disqualification, work the length of time and earn the	658
amount of remuneration specified in division (K)(1) of this	659
section, and meet all other eligibility requirements of this	660
section, in order to establish entitlement to extended benefits.	661

(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

(M) In the administration of the provisions of this section	673
which are enacted to conform with the requirements of the	674
"Federal-State Extended Unemployment Compensation Act of 1970," 84	675
Stat. 696, 26 U.S.C.A. 3306, the director shall take such action	676
consistent with state law, as may be necessary:	677

(1) To ensure that the provisions are so interpreted and	678
applied as to meet the requirements of the federal act as	679
interpreted by the United States department of labor; and	680

(2) To secure to this state the full reimbursement of the	681
federal share of extended benefits paid under this section that	682
are reimbursable under the federal act.	683

Sec. 4582.06.  (A) A port authority created in accordance	684
with section 4582.02 of the Revised Code may:	685

(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

(2) Straighten, deepen, and improve any canal, channel,	695
river, stream, or other water course or way that may be necessary	696
or proper in the development of the facilities of the port	697
authority;	698

(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

In the discretion of the board of directors, the revenue	740
bonds of the port authority may be secured by a trust agreement	741
between the board of directors on behalf of the port authority and	742
a corporate trustee, that may be any trust company or bank having	743
powers of a trust company, within or without the state.	744

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

(a) Loan moneys to any person for the acquisition,	815
construction, furnishing, and equipping of the property;	816

(b) Acquire, construct, maintain, repair, furnish, and equip	817
the property;	818

(c) Sell to, exchange with, lease, convey other interests in,	819
or lease with an option to purchase the same or any lesser	820
interest in the property to the same or any other person or	821
governmental entity;	822

(d) Guarantee the obligations of any person or governmental	823
entity.	824

A port authority may accept and hold as consideration for the	825
conveyance of property or any interest therein such property or	826
interests therein as the board in its discretion may determine,	827
notwithstanding any restrictions that apply to the investment of	828
funds by a port authority.	829

(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

(b) Division (A)(6)(a) of this section applies to all	846
contracts that are subject to the division, notwithstanding any	847
other provision of law that might otherwise apply, including,	848
without limitation, any requirement of notice, any requirement of	849
competitive bidding or selection, or any requirement for the	850
provision of security.	851

(c) Divisions (A)(6)(a) and (b) of this section do not apply	852
to either of the following:	853

(i) Any contract secured by or to be paid from moneys raised	854
by taxation or the proceeds of obligations secured by a pledge of	855
moneys raised by taxation;	856

(ii) Any contract secured exclusively by or to be paid	857
exclusively from the general revenues of the port authority. For	858
the purposes of this section, any revenues derived by the port	859
authority under a lease or other agreement that, by its terms,	860
contemplates the use of amounts payable under the agreement either	861
to pay the costs of the improvement that is the subject of the	862
contract or to secure obligations of the port authority issued to	863
finance costs of such improvement, are excluded from general	864
revenues.	865

(7) Apply to the proper authorities of the United States	866
pursuant to appropriate law for the right to establish, operate,	867
and maintain foreign trade zones and to establish, operate, and	868
maintain foreign trade zones; and to acquire land or property	869
therefor, in a manner consistent with section 4582.17 of the	870
Revised Code;	871

(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

(a) If any restoration or duplication proposed to be made	890
pursuant to this section involves a relocation of such property or	891
facilities, the new facilities and location shall be of at least	892
comparable utilitarian value and effectiveness, and the relocation	893
shall not impair the ability of the public utility or common	894
carrier to compete in its original area of operation.	895

(b) If any restoration or duplication made pursuant to this	896
section involves a relocation of such property or facilities, the	897
port authority shall acquire no interest or right in or to the	898
appropriated property or facilities, except as provided in	899
division (A)(11) of this section, until the relocated property or	900
facilities are available for use and until marketable title	901
thereto has been transferred to the public utility or common	902
carrier.	903

(c) Provisions for restoration or duplication shall be	904
described in detail in the resolution for appropriation passed by	905
the port authority.	906

(9) Enjoy and possess the same rights, privileges, and powers	907
granted municipal corporations under sections 721.04 to 721.11 of	908
the Revised Code;	909

(10) Maintain such funds as it considers necessary;

910

(11) Direct its agents or employees, when properly identified	911
in writing, and after at least five days' written notice, to enter	912
upon lands within the confines of its jurisdiction in order to	913
make surveys and examinations preliminary to location and	914
construction of works for the purposes of the port authority,	915
without liability of the port authority or its agents or employees	916
except for actual damage done;	917

(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

(13) Promote, advertise, and publicize the port authority	926
facilities and its authorized purposes, provide information to	927
persons with an interest in transportation and other port	928
authority activities, and appear before rate-making authorities to	929
represent and promote the interests of the port authority and its	930
authorized purposes;	931

(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

(15) Do all acts necessary or appropriate to carry out its	945
authorized purposes. The port authority shall have the powers and	946
rights granted to other subdivisions under section 9.20 of the	947
Revised Code.	948

(B) Any instrument by which real property is acquired	949
pursuant to this section shall identify the agency of the state	950
that has the use and benefit of the real property as specified in	951
section 5301.012 of the Revised Code.	952

(C) Whoever violates division (A)(14) of this section is	953
guilty of a minor misdemeanor.	954

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

Whether or not the port authority revenue bonds are of such	980
form and character as to be negotiable instruments, the port	981
authority revenue bonds shall have all the qualities and incidents	982
of negotiable instruments, subject only to the provisions of the	983
bonds for registration.	984

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

Neither the board of directors of the port authority nor any	1058
person executing the bonds shall be liable personally on the bonds	1059
or be subject to any personal liability or accountability by	1060
reason of the issuance thereof.	1061

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

(A) If an individual is deceased, any return or notice	1073
required of that individual under this chapter shall be made and	1074
filed by that decedent's executor, administrator, or other person	1075
charged with the property of that decedent.	1076

(B) If an individual is unable to make a return or notice	1077
required by this chapter, the return or notice required of that	1078
individual shall be made and filed by the individual's duly	1079
authorized agent, guardian, conservator, fiduciary, or other	1080
person charged with the care of the person or property of that	1081
individual.	1082

(C) Returns or notices required of an estate or a trust shall	1083
be made and filed by the fiduciary of the estate or trust.	1084

(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

(b)(i) A pass-through entity shall not include in such a	1107
single return any investor that is a trust to the extent that any	1108
direct or indirect current, future, or contingent beneficiary of	1109
the trust is a person subject to the tax imposed under section	1110
5733.06 of the Revised Code.	1111

(ii) A pass-through entity shall not include in such a single	1112
return any investor that is itself a pass-through entity to the	1113
extent that any direct or indirect investor in the second	1114
pass-through entity is a person subject to the tax imposed under	1115
section 5733.06 of the Revised Code.	1116

(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

(2) For the purposes of this section, "business credits"	1130
means the credits listed in section 5747.98 of the Revised Code	1131
excluding the following credits:	1132

(a) The retirement credit under division (B) of section	1133
5747.055 of the Revised Code;	1134

(b) The senior citizen credit under division (C) of section	1135
5747.05 of the Revised Code;	1136

(c) The lump sum distribution credit under division (D) of	1137
section 5747.05 of the Revised Code;	1138

(d) The dependent care credit under section 5747.054 of the	1139
Revised Code;	1140

(e) The lump sum retirement income credit under division (C)	1141
of section 5747.055 of the Revised Code;	1142

(f) The lump sum retirement income credit under division (D)	1143
of section 5747.055 of the Revised Code;	1144

(g) The lump sum retirement income credit under division (E)	1145
of section 5747.055 of the Revised Code;	1146

(h) The credit for displaced workers who pay for job training	1147
under section 5747.27 of the Revised Code;	1148

(i) The twenty-dollar personal exemption credit under section	1149
5747.022 of the Revised Code;	1150

(j) The joint filing credit under division (G) of section	1151
5747.05 of the Revised Code;	1152

(k) The nonresident credit under division (A) of section	1153
5747.05 of the Revised Code;	1154

(l) The credit for a resident's out-of-state income under	1155
division (B) of section 5747.05 of the Revised Code;	1156

(m) The low-income credit under section 5747.056 of the	1157
Revised Code.	1158

(3) The election provided for under division (D) of this	1159
section applies only to the taxable year for which the election is	1160
made by the pass-through entity. Unless the tax commissioner	1161
provides otherwise, this election, once made, is binding and	1162
irrevocable for the taxable year for which the election is made.	1163
Nothing in this division shall be construed to provide for any	1164
deduction or credit that would not be allowable if a nonresident	1165
pass-through entity investor were to file an annual return.	1166

(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

(E) If a husband and wife file a joint federal income tax	1186
return for a taxable year, they shall file a joint return under	1187
this section for that taxable year, and their liabilities are	1188
joint and several, but, if the federal income tax liability of	1189
either spouse is determined on a separate federal income tax	1190
return, they shall file separate returns under this section.	1191

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

(F) Each return or notice required to be filed under this	1200
section shall contain the signature of the taxpayer or the	1201
taxpayer's duly authorized agent and of the person who prepared	1202
the return for the taxpayer, and shall include the taxpayer's	1203
social security number. Each return shall be verified by a	1204
declaration under the penalties of perjury. The tax commissioner	1205
shall prescribe the form that the signature and declaration shall	1206
take.	1207

(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

If the tax commissioner considers it necessary in order to	1235
ensure the payment of the tax imposed by section 5747.02 of the	1236
Revised Code or any tax imposed under Chapter 5748. of the Revised	1237
Code, the tax commissioner may require returns and payments to be	1238
made otherwise than as provided in this section.	1239

To the extent that any provision in this division conflicts	1240
with any provision in section 5747.026 of the Revised Code, the	1241
provision in that section prevails.	1242

(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

If a payment is required to be made by electronic funds	1253
transfer pursuant to section 5747.072 of the Revised Code, the	1254
payment is considered to be made when the payment is received by	1255
the treasurer of state or credited to an account designated by the	1256
treasurer of state for the receipt of tax payments.	1257

"The date of the postmark" means, in the event there is more	1258
than one date on the cover, the earliest date imprinted on the	1259
cover by the United States postal service.	1260

(I) The amounts withheld by the employer pursuant to section	1261
5747.06 of the Revised Code shall be allowed to the recipient of	1262
the compensation as credits against payment of the appropriate	1263
taxes imposed on the recipient by section 5747.02 and under	1264
Chapter 5748. of the Revised Code.	1265

(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

(L) The tax commissioner shall permit individual taxpayers to	1297
instruct the department of taxation to cause any refund of	1298
overpaid taxes to be deposited directly into a checking account or	1299
preexisting college savings plan or program account offered by the	1300
Ohio tuition trust authority under Chapter 3334. of the Revised	1301
Code, as designated by the taxpayer, when the taxpayer files the	1302
annual return required by this section electronically.	1303

(M) The tax commissioner may adopt rules to administer this	1304
section.	1305

Section 2. That existing sections 117.13, 1515.14, 3306.052,	1306
3734.901, 4141.301, 4582.06, 4582.48, and 5747.08 of the Revised	1307
Code are hereby repealed.	1308

Section 3. Section 5747.08 of the Revised Code, as amended by	1309
this act, shall apply to taxable years beginning on or after	1310
January 1, 2010.	1311

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

The provisions of the Revised Code amended, enacted, or	1339
repealed by Am. Sub. H.B. 1 of the 128th General Assembly shall be	1340
deemed to remain applicable to securities issued pursuant to or in	1341
reliance on them prior to the effective date of those amendments,	1342
enactments, or repeals.	1343

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

Section 6. That Sections 281.20, 343.40, and 371.50.90 of Am.	1353
Sub. H.B. 1 of the 128th General Assembly be amended to read as	1354
follows:	1355

Sec. 281.20. STATEHOUSE NEWS BUREAU

1356

The foregoing appropriation item 935401, Statehouse News	1357
Bureau, shall be used solely to support the operations of the Ohio	1358
Statehouse News Bureau.	1359

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

1360

The foregoing appropriation item 935402, Ohio Government	1361
Telecommunications Services, shall be used solely to support the	1362
operations of Ohio Government Telecommunications Services which	1363
include providing multimedia support to the state government and	1364
its affiliated organizations and broadcasting the activities of	1365
the legislative, judicial, and executive branches of state	1366
government, among its other functions.	1367

TECHNOLOGY OPERATIONS

1368

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

An amount equal to the unexpended, unencumbered portion of	1387
the foregoing appropriation item 935409, at the end of fiscal year	1388
2010 is hereby reappropriated in fiscal year 2011 to continue to	1389
support the statewide platform and to maintain the clearinghouse.	1390

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

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

1398

The foregoing appropriation item 935410, Content Development,	1399
Acquisition, and Distribution, shall be used for the development,	1400
acquisition, and distribution of information resources by public	1401
media and radio reading services and for educational use in the	1402
classroom and online.	1403

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

Sec. 343.40. SOIL AND WATER DISTRICTS

1437

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 725683, Soil and Water	1449
Districts, shall be expended for the purposes described above,	1450
except that the funding source for this appropriation shall be	1451
fees applied on the disposal of construction and demolition debris	1452
and municipal solid waste, and fees levied on the sale of tires,	1453
as provided in section 1515.14 of the Revised Code.	1454

OIL AND GAS WELL PLUGGING

1455

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

LITTER CONTROL AND RECYCLING

1466

Of the foregoing appropriation item 725644, Litter Control	1467
and Recycling, up to $1,500,000 may be used in each fiscal year	1468
for the administration of the Recycling and Litter Prevention	1469
Program.	1470

Sec. 371.50.90. HAZARDOUS MATERIALS PROGRAM

1471

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 7. That existing Sections 281.20, 343.40, and	1485
371.50.90 of Am. Sub. H.B. 1 of the 128th General Assembly are	1486
hereby repealed.	1487

Section 8. The Director of Budget and Management shall	1488
transfer the unexpended, unencumbered portion, as of July 15,	1489
2010, of Higher Education Improvement Fund (Fund 7034)	1490
appropriation item C35606, Louvee Theater Project, under Rio	1491
Grande Community College, to Fund 7034 appropriation item C30082,	1492
Louvee Theater Project, under Ohio University.	1493

Section 9. If determined to be necessary, the Director of	1494
Natural Resources may request the Controlling Board to increase	1495
appropriations to the Soil and Water Conservation District	1496
Assistance Fund in order to account for increased revenue	1497
generated as a result of the amendments made by this act to	1498
sections 1515.14 and 3734.901 of the Revised Code. The Controlling	1499
Board shall approve such a request.	1500

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

The provisions of sections 4582.06 and 4582.48 of the Revised	1525
Code amended by this act shall be deemed to apply to securities	1526
issued pursuant to or in reliance on such provisions prior to the	1527
effective date of those amendments.	1528

Section 11. Any amount of Parks and Recreation Improvement	1529
Fund appropriation item C725E2, Local Parks Projects, set aside	1530
for the Columbus Crew Facility – Hilliard in H.B. 462 of the 128th	1531
General Assembly shall instead be used for the Hilliard First	1532
Responders Park.	1533

Section 12. Any amount of Parks and Recreation Improvement	1534
Fund appropriation item C725E2, Local Parks Projects, set aside	1535
for the Green Township Legacy Place Park in H.B. 462 of the 128th	1536
General Assembly shall instead be used for the Green Township	1537
Bicentennial Park and Unnewehr Home Grounds Restoration.	1538

Section 13. Any amount of Parks and Recreation Improvement	1539
Fund appropriation item C725E2, Local Parks Projects, set aside	1540
for the Youngstown City Park in H.B. 462 of the 128th General	1541
Assembly shall instead be used for the Wick Park Playground.	1542

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