As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 190

Representative Hood 

Cosponsors: Representatives Adams, J., Rosenberger, Brenner, Thompson, Becker, Young, Wachtmann, Lynch, Maag, Boose, Retherford, Roegner, Damschroder, Hottinger, Buchy 

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A BILL

To amend sections 164.07, 307.022, 307.671, 307.673,

1

307.674, 307.696, 351.06, 1506.44, 1710.02,

2

4115.03, 4115.034, 4115.04, 4115.06, 4115.09,

3

4115.10, 4115.133, 5540.03, 6117.012, and 6121.061

4

of the Revised Code to increase the threshold to

5

trigger the requirement that the prevailing wage

6

be paid for work on vertical public improvement

7

projects and to allow political subdivisions and

8

state institutions of higher education to elect

9

whether to be subject to the Prevailing Wage Law

10

for a public improvement project.

11

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

Section 1. That sections 164.07, 307.022, 307.671, 307.673,	12
307.674, 307.696, 351.06, 1506.44, 1710.02, 4115.03, 4115.034,	13
4115.04, 4115.06, 4115.09, 4115.10, 4115.133, 5540.03, 6117.012,	14
and 6121.061 of the Revised Code be amended to read as follows:	15

Sec. 164.07. (A) In awarding contracts for capital	16
improvement projects to be financed in whole or in part under this	17
chapter, a local subdivision shall comply with the percentage	18
requirements of section 125.081 of the Revised Code.	19

(B) A capital improvement that is financed in whole or in	20
part under this chapter is a public improvement, and a subdivision	21
undertaking a capital improvement is a public authority, for	22
purposes of section 4115.03 of the Revised Code. All contractors	23
and subcontractors working on a capital improvement financed in	24
whole or in part under this chapter shall comply with sections	25
4115.03 to 4115.16 of the Revised Code.	26

Sec. 307.022.  (A) The board of county commissioners of any	27
county may do both of the following without following the	28
competitive bidding requirements of section 307.86 of the Revised	29
Code:	30

(1) Enter into a lease, including a lease with an option to	31
purchase, of correctional facilities for a term not in excess of	32
forty years. Before entering into the lease, the board shall	33
publish, once a week for three consecutive weeks in a newspaper of	34
general circulation in the county or as provided in section 7.16	35
of the Revised Code, a notice that the board is accepting	36
proposals for a lease pursuant to this division. The notice shall	37
state the date before which the proposals are required to be	38
submitted in order to be considered by the board.	39

(2) Subject to compliance with this section, grant leases,	40
easements, and licenses with respect to, or sell, real property	41
owned by the county if the real property is to be leased back by	42
the county for use as correctional facilities.	43

The lease under division (A)(1) of this section shall require	44
the county to contract, in accordance with Chapter 153.,and	45
sections 307.86 to 307.92, and Chapter 4115. of the Revised Code,	46
for the construction, improvement, furnishing, and equipping of	47
correctional facilities to be leased pursuant to this section.	48
Prior to the board's execution of the lease, it may require the	49
lessor under the lease to cause sufficient money to be made	50
available to the county to enable the county to comply with the	51
certification requirements of division (D) of section 5705.41 of	52
the Revised Code.	53

A lease entered into pursuant to division (A)(1) of this	54
section by a board may provide for the county to maintain and	55
repair the correctional facility during the term of the leasehold,	56
may provide for the county to make rental payments prior to or	57
after occupation of the correctional facilities by the county, and	58
may provide for the board to obtain and maintain any insurance	59
that the lessor may require, including, but not limited to, public	60
liability, casualty, builder's risk, and business interruption	61
insurance. The obligations incurred under a lease entered into	62
pursuant to division (A)(1) of this section shall not be	63
considered to be within the debt limitations of section 133.07 of	64
the Revised Code.	65

(B) The correctional facilities leased under division (A)(1)	66
of this section may include any or all of the following:	67

(1) Facilities in which one or more other governmental	68
entities are participating or in which other facilities of the	69
county are included;	70

(2) Facilities acquired, constructed, renovated, or financed	71
by the Ohio building authority and leased to the county pursuant	72
to section 307.021 of the Revised Code;	73

(3) Correctional facilities that are under construction or	74
have been completed and for which no permanent financing has been	75
arranged.	76

(C) As used in this section:

77

(1) "Correctional facilities" includes, but is not limited	78
to, jails, detention facilities, workhouses, community-based	79
correctional facilities, and family court centers.	80

(2) "Construction" has the same meaning as in division (B) of	81
section 4115.03 of the Revised Code.	82

As used in division (C)(2) of this section:

83

(a) "Public improvement" means all buildings, roads, streets,	84
alleys, sewers, ditches, and other structures or works constructed	85
by a public authority or by any person who, pursuant to a contract	86
with a public authority, constructs any structure or work for a	87
public authority. When a public authority rents or leases a newly	88
constructed structure within six months after completion of its	89
construction, any work performed on that structure to suit it for	90
occupancy is a "public improvement."	91

(b) "Public authority" means any officer, board, or	92
commission of the state, or any political subdivision of the	93
state, or any institution supported in whole or in part by public	94
funds, authorized to enter into a contract for the construction of	95
a public improvement or to construct a public improvement by the	96
direct employment of labor.	97

Sec. 307.671.  (A) As used in this section:

98

(1) "Bonds" means, as the context requires: general	99
obligation bonds of the county, or notes in anticipation thereof,	100
described in division (B)(1)(b) of this section; revenue bonds of	101
the port authority described in division (B)(2)(a) of this	102
section; and urban renewal bonds, or notes in anticipation	103
thereof, of the host municipal corporation described in division	104
(B)(3)(a) of this section.	105

(2) "Corporation" means a nonprofit corporation that is	106
organized under the laws of this state and that includes within	107
the purposes for which it is incorporated the authorization to	108
lease and operate facilities such as a port authority educational	109
and cultural facility.	110

(3) "Debt service charges" means, for any period or payable	111
at any time, the principal of and interest and any premium due on	112
bonds for that period or payable at that time whether due at	113
maturity or upon mandatory redemption, together with any required	114
deposits to reserves for the payment of principal of and interest	115
on such bonds, and includes any payments required by the port	116
authority to satisfy any of its obligations arising from any	117
guaranty agreements, reimbursement agreements, or other credit	118
enhancement agreements described in division (C) of this section.	119

(4) "Host municipal corporation" means the municipal	120
corporation within the boundaries of which the port authority	121
educational and cultural facility is located.	122

(5) "Port authority" means a port authority created pursuant	123
to the authority of section 4582.02 of the Revised Code by a	124
county and a host municipal corporation.	125

(6) "Port authority educational and cultural facility" means	126
a facility located within an urban renewal area that may consist	127
of a museum, archives, library, hall of fame, center for	128
contemporary music, or other facilities necessary to provide	129
programs of an educational and cultural nature, together with all	130
parking facilities, walkways, and other auxiliary facilities, real	131
and personal property, property rights, easements, and interests	132
that may be appropriate for, or used in connection with, the	133
operation of the facility.	134

(7) "Urban renewal area" means an area of a host municipal	135
corporation that the legislative authority of the host municipal	136
corporation has, at any time, designated as appropriate for an	137
urban renewal project pursuant to Chapter 725. of the Revised	138
Code.	139

(B) The board of county commissioners of a county, a port	140
authority, and a host municipal corporation may enter into a	141
cooperative agreement with a corporation, under which:	142

(1) The board of county commissioners agrees to do all of the	143
following:	144

(a) Levy a tax under division (D) of section 5739.09 of the	145
Revised Code exclusively for the purposes described in divisions	146
(B)(1)(c) and (d) of this section;	147

(b) Issue general obligation bonds of the county, or notes in	148
anticipation thereof, pursuant to Chapter 133. of the Revised	149
Code, for the purpose of acquiring, constructing, and equipping	150
the port authority educational and cultural facility and	151
contribute the proceeds from the issuance to the port authority	152
for such purpose. The cooperative agreement may provide that such	153
proceeds be deposited with and administered by the trustee	154
pursuant to the trust agreement provided for in division (C) of	155
this section.	156

(c) Following the issuance, sale, and delivery of the port	157
authority revenue bonds provided for in division (B)(2)(a) of this	158
section, and prior to the date certain stated in the cooperative	159
agreement which shall be the date estimated for the completion of	160
construction of the port authority educational and cultural	161
facility, pledge and contribute to the port authority revenue from	162
the tax levied pursuant to division (B)(1)(a) of this section,	163
together with any investment earnings on that revenue, to pay a	164
portion of the costs of acquiring, constructing, and equipping the	165
port authority educational and cultural facility;	166

(d) Following such date certain, pledge and contribute to the	167
corporation all or such portion as provided for in the cooperative	168
agreement of the revenue from the tax, together with any	169
investment earnings on that revenue, to pay a portion of the costs	170
of the corporation of leasing the port authority educational and	171
cultural facility from the port authority.	172

(2) The port authority agrees to do all of the following:

173

(a) Issue revenue bonds of the port authority pursuant to	174
Chapter 4582. of the Revised Code for the purpose of acquiring,	175
constructing, and equipping the port authority educational and	176
cultural facility;	177

(b) Construct the port authority educational and cultural	178
facility;	179

(c) Lease the port authority educational and cultural	180
facility to the corporation;	181

(d) To the extent provided for in the cooperative agreement	182
or the lease to the corporation, authorize the corporation to	183
administer on behalf of the port authority the contracts for	184
acquiring, constructing, or equipping a port authority educational	185
and cultural facility;	186

(e) Use the revenue derived from the lease of the port	187
authority educational and cultural facility to the corporation	188
solely to pay debt service charges on the revenue bonds of the	189
port authority described in division (B)(2)(a) of this section.	190

(3) The host municipal corporation agrees to do both of the	191
following:	192

(a) Issue urban renewal bonds of the host municipal	193
corporation, or notes in anticipation thereof, pursuant to Chapter	194
725. of the Revised Code for the purpose of acquiring and	195
constructing the port authority educational and cultural facility	196
and contribute the proceeds from the issuance to the port	197
authority for such purpose. The cooperative agreement may provide	198
that such proceeds be deposited with and administered by the	199
trustee pursuant to the trust agreement provided for in division	200
(C) of this section.	201

(b) To the extent provided for in the cooperative agreement,	202
contribute to the county, for use by the county to pay debt	203
service charges on the bonds of the county, or notes in	204
anticipation thereof, described in division (B)(1)(b) of this	205
section, any excess urban renewal service payments pledged by the	206
host municipal corporation to the urban renewal bonds described in	207
division (B)(3)(a) of this section and not required on an annual	208
basis to pay debt service charges on the urban renewal bonds.	209

(4) The corporation agrees to do all of the following:

210

(a) Lease the port authority educational and cultural	211
facility from the port authority;	212

(b) Operate and maintain the port authority educational and	213
cultural facility pursuant to the lease;	214

(c) To the extent provided for in the cooperative agreement	215
or the lease from the port authority, administer on behalf of the	216
port authority the contracts for acquiring, constructing, or	217
equipping a port authority educational and cultural facility.	218

(C) The pledges and contributions described in divisions	219
(B)(1)(c) and (d) of this section and provided for in the	220
cooperative agreement shall be for the period stated in the	221
cooperative agreement, but shall not be in excess of the period	222
necessary to provide for the final retirement of the port	223
authority revenue bonds provided for in division (B)(2)(a) of this	224
section and any bonds issued by the port authority to refund such	225
bonds, and for the satisfaction by the port authority of any of	226
its obligations arising from any guaranty agreements,	227
reimbursement agreements, or other credit enhancement agreements	228
relating to such bonds or to the revenues pledged to such bonds.	229
The cooperative agreement shall provide for the termination of the	230
cooperative agreement including the pledges and contributions	231
described in divisions (B)(1)(c) and (d) of this section if the	232
port authority revenue bonds provided for in division (B)(2)(a) of	233
this section have not been issued, sold, and delivered within two	234
years of the effective date of the cooperative agreement.	235

The cooperative agreement shall provide that any revenue	236
bonds of the port authority shall be secured by a trust agreement	237
between the port authority and a corporate trustee that is a trust	238
company or bank having the powers of a trust company within or	239
outside the state. The county may be a party to such trust	240
agreement for the purpose of securing the pledge by the county of	241
its contribution to the corporation pursuant to division (B)(1)(d)	242
of this section. A tax levied pursuant to division (B)(1)(a) of	243
this section is not subject to diminution by initiative or	244
referendum or diminution by statute, unless provision is made	245
therein for an adequate substitute therefor reasonably	246
satisfactory to the trustee under the trust agreement that secures	247
the revenue bonds of the port authority.	248

(D) A pledge of money by a county under this section shall	249
not be net indebtedness of the county for purposes of section	250
133.07 of the Revised Code.	251

(E) If the terms of the cooperative agreement so provide, any	252
contract for the acquisition, construction, or equipping of a port	253
authority educational and cultural facility shall be made in such	254
manner as is determined by the board of directors of the port	255
authority, and unless the cooperative agreement provides	256
otherwise, such a contract is not subject to division (A) of	257
section 4582.12 of the Revised Code. The port authority may take	258
the assignment of and assume any contracts for the acquisition,	259
construction, and equipping of a port authority educational and	260
cultural facility that previously have been authorized by either	261
or both the host municipal corporation or the corporation. Such	262
contracts likewise are not subject to division (A) of section	263
4582.12 of the Revised Code.	264

Any contract for the acquisition, construction, or equipping	265
of a port authority educational and cultural facility entered	266
into, assigned, or assumed pursuant to this division shall provide	267
that all laborers and mechanics employed for the acquisition,	268
construction, or equipping of the port authority educational and	269
cultural facility shall be paid at the prevailing rates of wages	270
of laborers and mechanics for the class of work called for by the	271
port authority educational and cultural facility, which wages	272
shall be determined in accordance with the requirements of Chapter	273
4115. of the Revised Code for the determination of prevailing wage	274
rates.	275

Sec. 307.673.  This section applies only in a county in which	276
a tax is levied under section 307.697, 4301.421, 5743.024, or	277
5743.323 of the Revised Code on the effective date of this	278
amendmentJuly 19, 1995.	279

(A) As used in this section:

280

(1) "County taxes" means taxes levied by a board of county	281
commissioners under division (D) of section 307.697, division (B)	282
of section 4301.421, division (C) of section 5743.024, and section	283
5743.323 of the Revised Code.	284

(2) "Corporation" means a nonprofit corporation organized	285
under the laws of this state and that includes among the purposes	286
for which it is incorporated the authority to acquire, construct,	287
renovate, equip, lease, manage, or operate a sports facility.	288

(3) "Cooperative agreement" means an agreement entered into	289
pursuant to this section.	290

(4) "Cost of a sports facility" means the cost of acquiring,	291
constructing, renovating, equipping, or improving one or more	292
sports facilities, including reconstructing, rehabilitating,	293
remodeling, and enlarging; the cost of equipping and furnishing	294
such a facility; and all financing costs pertaining thereto,	295
including the cost of engineering, architectural, and other	296
professional services, designs, plans, specifications and surveys,	297
and estimates of costs; the costs of refinancing obligations	298
issued by, or reimbursement of money advanced by, the parties to	299
the cooperative agreement or other persons, the proceeds of which	300
obligations were used to pay the costs of the sports facility; the	301
cost of tests and inspections; the cost of any indemnity or surety	302
bonds and premiums on insurance, all related direct and	303
administrative costs pertaining thereto, fees and expenses of	304
trustees, depositories, and paying agents for the obligations,	305
capitalized interest on the obligations, amounts necessary to	306
establish reserves as required by the obligation proceedings, the	307
reimbursement of money advanced or applied by the parties to the	308
cooperative agreement or other persons for the payment of any item	309
of costs of the sports facility, and all other expenses necessary	310
or incident to planning or determining the feasibility or	311
practicability with respect to the sports facility; and any other	312
such expenses as may be necessary or incident to the acquisition,	313
construction, reconstruction, rehabilitation, remodeling,	314
renovation, enlargement, improvement, equipping, and furnishing of	315
the sports facility, the financing of the sports facility, placing	316
the sports facility in use and operation, including any one, part	317
of, or combination of such classes of costs and expenses.	318

(5) "Financing costs" has the same meaning as in section	319
133.01 of the Revised Code.	320

(6) "Obligations" means obligations issued or incurred to pay	321
the cost of a sports facility, including bonds, notes,	322
certificates of indebtedness, commercial paper, and other	323
instruments in writing, anticipatory securities as defined in	324
section 133.01 of the Revised Code, issued or incurred by an	325
issuer pursuant to Chapter 133. or 4582. of the Revised Code or	326
this section, or otherwise, to evidence the issuer's obligation to	327
repay borrowed money, or to pay interest, by, or to pay at any	328
future time other money obligations of, the issuer of the	329
obligations, including obligations of an issuer or lessee to make	330
payments under an installment sale, lease, lease-purchase, or	331
similar agreement.	332

(7) "Owner" means any person that owns or operates a	333
professional athletic or sports team, that is party to a	334
cooperative agreement, or that has a lease or other agreement with	335
a party to a cooperative agreement, and that commits to use the	336
sports facility that is the subject of the cooperative agreement	337
for all of the team's home games for the period specified in that	338
agreement.	339

(8) "Payments," when used with reference to obligations,	340
means payments of the principal, including any mandatory sinking	341
fund deposits and mandatory redemption payments, interest and any	342
redemption premium, and lease rentals, lease-purchase payments and	343
other amounts payable under obligations in the form of installment	344
sale, lease, lease-purchase, or similar agreements.	345

(9) "Person" has the same meaning as defined in section	346
133.01 of the Revised Code.	347

(10) "Port authority" means a port authority created under	348
Chapter 4582. of the Revised Code.	349

(11) "Sports facility" means a facility, including a stadium,	350
that is intended to house or provide a site for one or more major	351
league professional athletic or sports teams or activities,	352
together with all spectator facilities, parking facilities,	353
walkways, and auxiliary facilities, real and personal property,	354
property rights, easements, leasehold estates, and interests that	355
may be appropriate for, or used in connection with, the operation	356
of the sports facility.	357

(B) The board of county commissioners of a county, the	358
legislative authority of a municipal corporation, a port	359
authority, a corporation, and an owner, or any combination	360
thereof, may enter into one or more cooperative agreements under	361
which the parties enter into one or more of the agreements	362
described in divisions (B)(1) to (5) of this section.	363

(1) The board of county commissioners agrees to do one or	364
more of the following:	365

(a) Levy a tax under division (D) of section 307.697,	366
division (B) of section 4301.421, division (C) of section	367
5743.024, and section 5743.323 of the Revised Code and make	368
available all or a portion of the revenue from those taxes for the	369
payment of the cost of the sports facility or to make payments on	370
obligations;	371

(b) Issue or incur obligations of the county pursuant to	372
Chapter 133. of the Revised Code or this section;	373

(c) Make available all or a portion of the revenue from those	374
taxes or of the proceeds from the issuance of those obligations to	375
the municipal corporation, port authority, corporation, or	376
otherwise for the payment of the cost of a sports facility or the	377
payment of obligations;	378

(d) Acquire, construct, renovate, equip, lease to or from	379
another person, and operate, directly or by a lease or management	380
contract with another person, one or more sports facilities;	381

(e) To the extent provided in the cooperative agreement or a	382
lease with respect to a sports facility, authorize the municipal	383
corporation, port authority, corporation, or owner to administer	384
contracts for designing, planning, acquiring, constructing,	385
renovating, or equipping a sports facility.	386

(2) The port authority agrees to do one or more of the	387
following:	388

(a) Issue or incur obligations of the port authority pursuant	389
to Chapter 133. or 4582. of the Revised Code or this section;	390

(b) Make available all or a portion of the proceeds from the	391
issuance of those obligations to the municipal corporation,	392
county, or corporation for the payment of the cost of a sports	393
facility or the payment of obligations;	394

(c) Acquire, construct, renovate, equip, lease to or from	395
another person, and operate, directly or by a lease or management	396
contract with another person, one or more sports facilities;	397

(d) To the extent provided in the cooperative agreement or a	398
lease with respect to a sports facility, authorize the municipal	399
corporation, county, corporation, or owner to administer contracts	400
for designing, planning, acquiring, constructing, renovating, or	401
equipping a sports facility.	402

(3) The legislative authority of the municipal corporation	403
agrees to do one or more of the following:	404

(a) Make available the revenue from taxes levied by the	405
legislative authority for the payment of the cost of a sports	406
facility or to make payments on obligations;	407

(b) Issue or incur obligations of the municipal corporation	408
pursuant to Chapter 133. of the Revised Code or otherwise;	409

(c) Make available all or a portion of the proceeds from the	410
issuance of those obligations to the county, port authority,	411
corporation, or otherwise for the payment of the cost of a sports	412
facility or the payment of obligations;	413

(d) Acquire, construct, renovate, equip, lease to or from	414
another person, and operate, directly or by a lease or management	415
contract with another person, one or more sports facilities;	416

(e) To the extent provided in the cooperative agreement or a	417
lease with respect to a sports facility, authorize the county,	418
port authority, corporation, or owner to administer contracts for	419
designing, planning, acquiring, constructing, renovating, or	420
equipping a sports facility.	421

(4) The corporation agrees to do one or more of the	422
following:	423

(a) Issue or incur obligations;

424

(b) Make available all or a portion of the proceeds from the	425
issuance of those obligations to the county, port authority,	426
municipal corporation, or otherwise for the payment of the cost of	427
a sports facility or the payment of obligations;	428

(c) Acquire, construct, renovate, equip, lease to or from	429
another person, and operate, directly or by a lease or management	430
contract with another person, one or more sports facilities;	431

(d) To the extent provided in the cooperative agreement or a	432
lease with respect to a sports facility, agree that the	433
corporation will administer contracts for designing, planning,	434
acquiring, constructing, renovating, or equipping a sports	435
facility.	436

(5) The owner agrees to do one or more of the following:

437

(a) Use the sports facility that is the subject of the	438
cooperative agreement for all of the home games of the owner's	439
professional athletic or sports team for a specified period;	440

(b) Administer contracts for designing, planning, acquiring,	441
constructing, renovating, or equipping a sports facility.	442

(C) Any obligations may be secured by a trust agreement	443
between the issuer of obligations and a corporate trustee that is	444
a trust company or bank having the powers of a trust company in or	445
outside this state and authorized to exercise corporate trust	446
powers in this state. Proceeds from the issuance of any	447
obligations or the taxes levied and collected by any party to the	448
cooperative agreement may be deposited with and administered by a	449
trustee pursuant to the trust agreement.	450

(D) Any contract for the acquisition, construction,	451
renovation, or equipping of a sports facility entered into,	452
assigned, or assumed under this section shall provide that all	453
laborers and mechanics employed in the acquisition, construction,	454
renovation, or equipping of the sports facility shall be paid at	455
the prevailing rates of wages of laborers and mechanics for the	456
class of work called for, as those wages are determined in	457
accordance with Chapter 4115. of the Revised Code.	458

Sec. 307.674.  (A) As used in this section:

459

(1) "Bonds" means:

460

(a) Revenue bonds of the port authority described in division	461
(B)(2)(a) of this section;	462

(b) Securities as defined in division (KK) of section 133.01	463
of the Revised Code issued by the host municipal corporation,	464
described in division (B)(3)(a) of this section;	465

(c) Any bonds issued to refund any of those revenue bonds or	466
securities.	467

(2) "Corporation" means a nonprofit corporation that is	468
organized under the laws of this state and that includes within	469
the purposes for which it is incorporated the authorization to	470
lease and operate facilities such as a port authority educational	471
and cultural performing arts facility.	472

(3) "Cost," as applied to a port authority educational and	473
cultural performing arts facility, means the cost of acquiring,	474
constructing, renovating, rehabilitating, equipping, or improving	475
the facility, or any combination of those purposes, collectively	476
referred to in this section as "construction," and the cost of	477
acquisition of all land, rights of way, property rights,	478
easements, franchise rights, and interests required for those	479
purposes, the cost of demolishing or removing any buildings or	480
structures on land so acquired, including the cost of acquiring	481
any land to which those buildings or structures may be moved, the	482
cost of public utility and common carrier relocation or	483
duplication, the cost of all machinery, furnishings, and	484
equipment, financing charges, interest prior to and during	485
construction and for not more than three years after completion of	486
construction, costs arising under guaranty agreements,	487
reimbursement agreements, or other credit enhancement agreements	488
relating to bonds, engineering, expenses of research and	489
development with respect to such facility, legal expenses, plans,	490
specifications, surveys, studies, estimates of costs and revenues,	491
other expenses necessary or incident to determining the	492
feasibility or practicability of acquiring or constructing the	493
facility, administrative expense, and other expenses as may be	494
necessary or incident to that acquisition or construction and the	495
financing of such acquisition or construction, including, with	496
respect to the revenue bonds of a port authority, amounts to be	497
paid into any special funds from the proceeds of those bonds, and	498
repayments to the port authority, host county, host municipal	499
corporation, or corporation of any amounts advanced for the	500
foregoing purposes.	501

(4) "Debt service charges" means, for any period or payable	502
at any time, the principal of and interest and any premium due on	503
bonds for that period or payable at that time whether due at	504
maturity or upon mandatory redemption, together with any required	505
deposits to reserves for the payment of principal of and interest	506
on those bonds, and includes any payments required by the port	507
authority to satisfy any of its obligations under or arising from	508
any guaranty agreements, reimbursement agreements, or other credit	509
enhancement agreements described in division (C) of this section.	510

(5) "Host county" means the county within the boundaries of	511
which the port authority educational and cultural performing arts	512
facility is or will be located.	513

(6) "Host municipal corporation" means the municipal	514
corporation within the boundaries of which the port authority	515
educational and cultural performing arts facility is or will be	516
located.	517

(7) "Port authority" means a port authority created pursuant	518
to section 4582.22 of the Revised Code.	519

(8) "Port authority educational and cultural performing arts	520
facility" means a facility that consists of a center for music or	521
other performing arts, a theater or other facilities to provide	522
programs of an educational, recreational, or cultural nature, or	523
any combination of those purposes as determined by the parties to	524
the cooperative agreement for which provision is made in division	525
(B) of this section to fulfill the public educational,	526
recreational, and cultural purposes set forth therein, together	527
with all parking facilities, walkways, and other auxiliary	528
facilities, real and personal property, property rights,	529
easements, and interests that may be appropriate for, or used in	530
connection with, the operation of the facility.	531

(B) A host county, a host municipal corporation, and a port	532
authority may enter into a cooperative agreement with a	533
corporation under which, as further provided for in that	534
agreement:	535

(1) The host county may agree to do any or all of the	536
following:	537

(a) Levy and collect a tax under division (E) and division	538
(F) of section 5739.09 of the Revised Code for the purposes, and	539
in an amount sufficient for those purposes, described in divisions	540
(B)(1)(b) and (c) of this section;	541

(b) Pay to the port authority all or such portion as provided	542
for in the cooperative agreement of the revenue from the tax,	543
together with any investment earnings on that revenue, to be used	544
to pay a portion of the costs of acquiring, constructing,	545
renovating, rehabilitating, equipping, or improving the port	546
authority educational and cultural performing arts facility;	547

(c) Pledge and pay to the corporation all or such portion as	548
provided for in the cooperative agreement of the revenue from the	549
tax, together with any investment earnings on that revenue, to be	550
used to pay a portion of the costs to the corporation of leasing	551
the port authority educational and cultural performing arts	552
facility from the port authority.	553

(2) The port authority may agree to do any or all of the	554
following:	555

(a) Issue its revenue bonds pursuant to section 4582.48 of	556
the Revised Code for the purpose of paying all or a portion of the	557
costs of the port authority educational and cultural performing	558
arts facility;	559

(b) Acquire, construct, renovate, rehabilitate, equip, and	560
improve the port authority educational and cultural performing	561
arts facility;	562

(c) Lease the port authority educational and cultural	563
performing arts facility to the corporation;	564

(d) To the extent provided for in the cooperative agreement	565
or the lease to the corporation, authorize the corporation to	566
administer on behalf of the port authority the contracts for	567
acquiring, constructing, renovating, rehabilitating, or equipping	568
the port authority educational and cultural performing arts	569
facility;	570

(e) Use the revenue derived from the lease of the port	571
authority educational and cultural performing arts facility to the	572
corporation solely to pay debt service charges on revenue bonds of	573
the port authority issued pursuant to division (B)(2)(a) of this	574
section and to pay its obligations under or arising from any	575
guaranty agreements, reimbursement agreements, or other credit	576
enhancement agreements provided for in this section.	577

(3) The host municipal corporation may agree to do either or	578
both of the following:	579

(a) Issue its bonds for the purpose of paying all or a	580
portion of the costs of the port authority educational and	581
cultural performing arts facility, and pay the proceeds from the	582
issuance to the port authority for that purpose;	583

(b) Enter into a guaranty agreement, a reimbursement	584
agreement, or other credit enhancement agreement with the port	585
authority to provide a guaranty or other credit enhancement of the	586
port authority revenue bonds referred to in division (B)(2)(a) of	587
this section pledging taxes, other than ad valorem property taxes,	588
or other revenues for the purpose of providing the funds required	589
to satisfy the host municipal corporation's obligations under that	590
agreement.	591

The cooperative agreement may provide that the proceeds of	592
such securities or of such guaranty agreement, reimbursement	593
agreement, or other credit enhancement agreement be deposited with	594
and administered by the trustee pursuant to the trust agreement	595
authorized in division (C) of this section.	596

(4) The corporation may agree to do any or all of the	597
following:	598

(a) Lease the port authority educational and cultural	599
performing arts facility from the port authority;	600

(b) Operate and maintain the port authority educational and	601
cultural performing arts facility pursuant to the lease;	602

(c) To the extent provided for in the cooperative agreement	603
or the lease from the port authority, administer on behalf of the	604
port authority the contracts for acquiring, constructing,	605
renovating, rehabilitating, or equipping the port authority	606
educational and cultural performing arts facility.	607

(C) The pledge and payments referred to in divisions	608
(B)(1)(b) and (c) of this section and provided for in the	609
cooperative agreement shall be for the period stated in the	610
cooperative agreement but shall not extend longer than the period	611
necessary to provide for the final retirement of the port	612
authority revenue bonds referred to in division (B)(2)(a) of this	613
section, and for the satisfaction by the port authority of any of	614
its obligations under or arising from any guaranty agreements,	615
reimbursement agreements, or other credit enhancement agreements	616
relating to those bonds or to the revenues pledged to them. The	617
cooperative agreement shall provide for the termination of the	618
cooperative agreement, including the pledge and payment referred	619
to in division (B)(1)(c) of this section, if the port authority	620
revenue bonds referred to in division (B)(2)(a) of this section	621
have not been issued, sold, and delivered within five years of the	622
effective date of the cooperative agreement.	623

The cooperative agreement shall provide that any port	624
authority revenue bonds shall be secured by a trust agreement	625
between the port authority and a corporate trustee that is a trust	626
company or bank having the powers of a trust company within or	627
outside the state but authorized to exercise trust powers within	628
the state. The host county may be a party to that trust agreement	629
for the purpose of better securing the pledge by the host county	630
of its payment to the corporation pursuant to division (B)(1)(c)	631
of this section. A tax levied pursuant to section 5739.09 of the	632
Revised Code for the purposes specified in division (B)(1)(b) or	633
(c) of this section is not subject to diminution by initiative or	634
referendum or diminution by statute, unless provision is made for	635
an adequate substitute reasonably satisfactory to the trustee	636
under the trust agreement that secures the port authority revenue	637
bonds.	638

(D) A pledge of money by a host county under this section	639
shall not be net indebtedness of the host county for purposes of	640
section 133.07 of the Revised Code. A guaranty or other credit	641
enhancement by a host municipal corporation under this section	642
shall not be net indebtedness of the host municipal corporation	643
for purposes of section 133.05 of the Revised Code.	644

(E) If the terms of the cooperative agreement so provide, any	645
contract for the acquisition, construction, renovation,	646
rehabilitation, equipping, or improving of a port authority	647
educational and cultural performing arts facility shall be made in	648
such manner as is determined by the board of directors of the port	649
authority, and unless the cooperative agreement provides	650
otherwise, such a contract is not subject to division (R)(2) of	651
section 4582.31 of the Revised Code. The port authority may take	652
the assignment of and assume any contracts for the acquisition,	653
construction, renovation, rehabilitation, equipping, or improving	654
of a port authority educational and cultural performing arts	655
facility that had previously been authorized by any of the host	656
county, the host municipality, or the corporation. Such contracts	657
are not subject to division (R)(2) of section 4582.31 of the	658
Revised Code.	659

Any contract for the acquisition, construction, renovation,	660
rehabilitation, equipping, or improving of a port authority	661
educational and cultural performing arts facility entered into,	662
assigned, or assumed pursuant to this division shall provide that	663
all laborers and mechanics employed for the acquisition,	664
construction, renovation, rehabilitation, equipping, or improving	665
of that facility shall be paid at the prevailing rates of wages of	666
laborers and mechanics for the class of work called for by the	667
port authority educational and cultural performing arts facility,	668
which wages shall be determined in accordance with the	669
requirements of Chapter 4115. of the Revised Code for the	670
determination of prevailing wage rates.	671

Notwithstanding any provisions to the contrary in section	672
3383.07 of the Revised Code, construction services and general	673
building services for a port authority educational and cultural	674
performing arts facility funded completely or in part with money	675
appropriated by the state to the Ohio cultural facilities	676
commission may be provided by a port authority or a corporation	677
that occupies, will occupy, or is responsible for that facility,	678
as determined by the commission. The construction services and	679
general building services to be provided by the port authority or	680
the corporation shall be specified in an agreement between the	681
commission and the port authority or corporation. That agreement,	682
or any actions taken under it, are not subject to Chapters 123. or	683
153. of the Revised Code, but are subject to Chapter 4115. of the	684
Revised Code.	685

Sec. 307.696.  (A) As used in this section:

686

(1) "County taxes" means taxes levied by the county pursuant	687
to sections 307.697, 4301.421, 5743.024, and 5743.323 of the	688
Revised Code.	689

(2) "Corporation" means a nonprofit corporation that is	690
organized under the laws of this state for the purposes of	691
operating or constructing and operating a sports facility in the	692
county and that may also be organized under the laws of this state	693
for the additional purposes of conducting redevelopment and	694
economic development activities within the host municipal	695
corporation.	696

(3) "Sports facility" means a sports facility that is	697
intended to house major league professional athletic teams,	698
including a stadium, together with all parking facilities,	699
walkways, and other auxiliary facilities, real and personal	700
property, property rights, easements, and interests that may be	701
appropriate for, or used in connection with, the operation of the	702
facility.	703

(4) "Construction" includes, but is not limited to, providing	704
fixtures, furnishings, and equipment.	705

(5) "Debt service charges" means the interest, principal,	706
premium, if any, carrying and redemption charges, and expenses on	707
bonds issued by either the county or the corporation to:	708

(a) Construct a sports facility or provide for related	709
redevelopment or economic development as provided in this section;	710

(b) Acquire real and personal property, property rights,	711
easements, or interests that may be appropriate for, or used in	712
connection with, the operation of the facility; and	713

(c) Make site improvements to real property, including, but	714
not limited to, demolition, excavation, and installation of	715
footers, pilings, and foundations.	716

(6) "Host municipal corporation" means the municipal	717
corporation within the boundaries of which the sports facility is	718
located, and with which a national football league, major league	719
baseball, or national basketball association sports franchise is	720
associated on the effective date of this amendmentMarch 20, 1990.	721

(B) A board of county commissioners of a county that levies a	722
tax under section 307.697, 4301.421, or 5743.024 of the Revised	723
Code may enter into an agreement with a corporation operating in	724
the county, and, if there is a host municipal corporation all or a	725
part of which is located in the county, shall enter into an	726
agreement with a corporation operating in the county and the host	727
municipal corporation, under which:	728

(1)(a) The corporation agrees to construct and operate a	729
sports facility in the county and to pledge and contribute all or	730
any part of the revenues derived from its operation, as specified	731
in the agreement, for the purposes described in division (C)(1) of	732
this section; and	733

(b) The board agrees to levy county taxes and pledge and	734
contribute any part or all of the revenues therefrom, as specified	735
in the agreement, for the purposes described in division (C)(1) of	736
this section; or	737

(2)(a) The corporation agrees to operate a sports facility	738
constructed by the county and to pledge and contribute all or any	739
part of the revenues derived from its operation, as specified in	740
the agreement, for the purposes described in division (C)(2) of	741
this section; and	742

(b) The board agrees to issue revenue bonds of the county,	743
use the proceeds from the sale of the bonds to construct a sports	744
facility in the county, and to levy county taxes and pledge and	745
contribute all or any part of the revenues therefrom, as specified	746
in the agreement, for the purposes described in division (C)(2) of	747
this section; and, if applicable	748

(3) The host municipal corporation agrees to expend the	749
unused pledges and contributions and surplus revenues as described	750
in divisions (C)(1) and (2) of this section for redevelopment and	751
economic development purposes related to the sports facility.	752

(C)(1) The primary purpose of the pledges and contributions	753
described in division (B)(1) of this section is payment of debt	754
service charges. To the extent the pledges and contributions are	755
not used by the county or corporation for payment of debt service	756
charges, the county or corporation, pursuant to the agreement	757
provided for in division (B) of this section, shall provide the	758
unused pledges and contributions, together with surplus revenues	759
of the sports facility not needed for debt service charges or the	760
operation and maintenance of the sports facility, to the host	761
municipal corporation, or a nonprofit corporation, which may be	762
the corporation acting on behalf of the host municipal	763
corporation, for redevelopment and economic development purposes	764
related to the sports facility. If the county taxes are also	765
levied for the purpose of making permanent improvements, the	766
agreement shall include a schedule of annual pledges and	767
contributions by the county for the payment of debt service	768
charges. The county's pledge and contribution provided for in the	769
agreement shall be for the period stated in the agreement but not	770
to exceed twenty years. The agreement shall provide that any such	771
bonds and notes shall be secured by a trust agreement between the	772
corporation or other bond issuer and a corporate trustee that is a	773
trust company or bank having the powers of a trust company within	774
or without the state, and the trust agreement shall pledge or	775
assign to the retirement of the bonds or notes, all moneys paid by	776
the county for that purpose under this section. A county tax, all	777
or any part of the revenues from which are pledged under an	778
agreement entered into by a board of county commissioners under	779
this section shall not be subject to diminution by initiative or	780
referendum, or diminution by statute, unless provision is made	781
therein for an adequate substitute therefor reasonably	782
satisfactory to the trustee under the trust agreement that secures	783
the bonds and notes.	784

(2) The primary purpose of the pledges and contributions	785
described in division (B)(2) of this section is payment of debt	786
service charges. To the extent the pledges and contributions are	787
not used by the county for payment of debt service charges, the	788
county or corporation, pursuant to the agreement provided for in	789
division (B) of this section, shall provide the unused pledges and	790
contributions, together with surplus revenues of the sports	791
facility not needed for debt service charges or the operation and	792
maintenance of the sports facility, to the host municipal	793
corporation, or a nonprofit corporation, which may be the	794
corporation, acting on behalf of the host municipal corporation,	795
for redevelopment and economic development purposes related to the	796
sports facility. The corporation's pledge and contribution	797
provided for in the agreement shall be until all of the bonds	798
issued for the construction of the facility have been retired.	799

(D) A pledge of money by a county under this section shall	800
not be indebtedness of the county for purposes of Chapter 133. of	801
the Revised Code.	802

(E) If the terms of the agreement so provide, the board of	803
county commissioners may acquire, make site improvements to,	804
including, but not limited to, demolition, excavation, and	805
installation of footers, pilings, and foundations, and lease real	806
property for the sports facility to a corporation that constructs	807
a sports facility under division (B)(1) of this section. The	808
agreement shall specify the term, which shall not exceed thirty	809
years and shall be on such terms as are set forth in the	810
agreement. The purchase, improvement, and lease may be the subject	811
of an agreement between the county and a municipal corporation	812
located within the county pursuant to section 153.61 or 307.15 of	813
the Revised Code, and are not subject to the limitations of	814
sections 307.02 and 307.09 of the Revised Code.	815

(F) The corporation shall not enter into any construction	816
contract or contract for the purchase of services for use in	817
connection with the construction of a sports facility prior to the	818
corporation's adoption and implementation of a policy on the set	819
aside of contracts for bidding by or award to minority business	820
enterprises, as defined in division (E)(1) of section 122.71 of	821
the Revised Code. Sections 4115.03 to 4115.16 of the Revised Code	822
apply to a sports facility constructed under this section.	823

(G) Not more than one-half of the total costs, including debt	824
service charges and cost of operation, of a project undertaken	825
pursuant to an agreement entered into under division (B) of this	826
section shall be paid from county taxes. Nothing in this section	827
authorizes the use of revenues from county taxes or proceeds from	828
the sale of bonds issued by the board of county commissioners for	829
payment of costs of operation of a sports facility.	830

Sec. 351.06. A facility to be constructed pursuant to this	831
chapter is a public improvement and a convention facilities	832
authority is a public authority for purposes of section 4115.03 of	833
the Revised Code. All contractors and subcontractors working on	834
such facilities are subject to and shall comply with sections	835
4115.03 to 4115.16 of the Revised Code. A convention facilities	836
authority is a contracting authority for purposes of sections	837
307.86 to 307.91 of the Revised Code.	838

No convention facilities authority shall construct a facility	839
under this chapter unless the plans for the facility provide for	840
parking and transportation determined by the board of county	841
commissioners as adequate to serve that facility.	842

A convention facilities authority may do all of the	843
following:	844

(A) Adopt bylaws for the regulation of its affairs and the	845
conduct of its business;	846

(B) Adopt an official seal;

847

(C) Maintain a principal office within its territory;

848

(D) Acquire, purchase, construct, reconstruct, enlarge,	849
furnish, equip, maintain, repair, sell, exchange, lease or rent	850
to, lease or rent from, operate, or contract for the operation by	851
others of, facilities within its territory, and make charges for	852
the use of the facilities;	853

(E) Make available the use or services of any facility to	854
persons or governmental agencies on such terms and conditions as	855
the authority shall determine;	856

(F) By resolution of its board of directors, issue convention	857
facilities authority revenue bonds beyond the limit of bonded	858
indebtedness provided by law, payable solely from revenues as	859
provided in section 351.14 of the Revised Code, unless the bonds	860
are refunded by refunding bonds, for the purpose of providing	861
funds to pay the costs of any facility or facilities or parts of	862
any facility or facilities, and, if moneys raised by taxation are	863
not obligated or pledged for the payment of those revenue bonds,	864
to pay the costs of any facility or facilities or parts of any	865
facility or facilities pursuant to Section 13 of Article VIII,	866
Ohio Constitution, and in order to create or preserve jobs and	867
employment opportunities and improve the economic welfare of the	868
people of the state;	869

(G) Maintain such funds as it determines necessary;

870

(H) Direct its agents or employees, when properly identified	871
in writing and after at least five days' written notice, to enter	872
upon lands within its territory in order to make surveys and	873
examinations preliminary to location and construction of	874
facilities, or other work for the purposes of the convention	875
facilities authority, without liability of the authority or its	876
agents or employees except for actual damage done;	877

(I) Promote, advertise, and publicize the authority and its	878
facilities;	879

(J)(1) Adopt rules, not in conflict with general law,	880
governing the use of its property, grounds, buildings, equipment,	881
and facilities, and the conduct of its employees and the public,	882
in order to promote the public safety and convenience in and about	883
its facilities and grounds, and to maintain order. Any such rule	884
shall be posted at a prominent place in each of the buildings or	885
facilities to which it applies.	886

(2) No person shall violate any lawful rule adopted and	887
posted as provided in this division.	888

(K) Acquire by gift or purchase, hold, lease, and dispose of	889
real and personal property and interests in the property in the	890
exercise of its powers and the performance of its duties under	891
this chapter;	892

(L) Acquire, in the name of the authority, by purchase or	893
otherwise, on such terms and in such manner as the authority finds	894
proper, or by the exercise of the right of appropriation in the	895
manner provided by section 351.22 of the Revised Code, such public	896
or private lands, including public parks, playgrounds, or	897
reservations, or parts thereof or rights therein, rights-of-way,	898
rights, franchises, easements, and interests as it finds necessary	899
or proper for carrying out this chapter, and compensation shall be	900
paid for public or private lands so taken;	901

(M) Make and enter into all contracts and agreements and	902
execute all instruments necessary or incidental to the performance	903
of its duties and the execution of its powers under this chapter	904
provided that no construction contract or contract for the	905
purchase of goods or services shall be approved or entered into by	906
the authority prior to the adoption and implementation of a policy	907
on the set aside of contracts for bidding by or award to minority	908
business enterprises, as defined in division (E)(1) of section	909
122.71 of the Revised Code;	910

(N) Employ managers, superintendents, and other employees and	911
retain or contract with consulting engineers, financial	912
consultants, accounting experts, architects, attorneys, and such	913
other consultants and independent contractors as are necessary in	914
its judgment to carry out this chapter, and fix their	915
compensation. All expenses of doing so shall be payable solely	916
from the proceeds of convention facilities authority bonds and	917
notes issued under this chapter, or from excise taxes and	918
revenues.	919

(O) Receive and accept from any governmental agency grants	920
for or in aid of the purposes of the authority, and receive and	921
accept aid or contributions from any source of money, property,	922
labor, or other things of value, to be held, used, and applied	923
only for the purposes for which such grants and contributions are	924
made;	925

(P) Engage in research and development with respect to	926
facilities;	927

(Q) Purchase fire and extended coverage and liability	928
insurance for any facility and for the offices of the authority,	929
insurance protecting the authority and its officers and employees	930
against liability for damage to property or injury to or death of	931
persons arising from its operations, and any other insurance the	932
authority may agree to provide under any resolution authorizing	933
its convention facilities authority revenue bonds or in any trust	934
agreement securing the same;	935

(R) Charge, alter, and collect rentals and other charges for	936
the use or services of any facility as provided in section 351.09	937
of the Revised Code;	938

(S) If a tax proposed under section 5739.026 of the Revised	939
Code is disapproved by the electors, request the board of county	940
commissioners to dissolve the authority pursuant to section 351.03	941
of the Revised Code;	942

(T) By resolution of its board of directors, levy any of the	943
excise taxes authorized by division (B) or (C) of section 351.021	944
of the Revised Code if authorized by the county commissioners, and	945
issue convention facilities authority tax anticipation bonds	946
beyond any limit of bonded indebtedness provided by law, payable	947
solely from excise taxes levied pursuant to division (B) or (C) of	948
section 351.021 of the Revised Code and revenues as provided in	949
section 351.141 of the Revised Code.	950

(U) Do all acts necessary or proper to carry out the powers	951
expressly granted in this chapter.	952

Sec. 1506.44.  (A) A board of county commissioners may use a	953
loan obtained under division (C) of this section to provide	954
financial assistance to any person who owns real property in a	955
coastal erosion area and who has received a permit under section	956
1506.40 of the Revised Code to construct an erosion control	957
structure in that coastal erosion area. The board shall enter into	958
an agreement with the person that complies with all of the	959
following requirements:	960

(1) The agreement shall identify the person's real property	961
for which the erosion control structure is being constructed and	962
shall include a legal description of that property and a reference	963
to the volume and page of the deed record in which the title of	964
that person to that property is recorded.	965

(2) In accordance with rules adopted by the Ohio water	966
development authority under division (V) of section 6121.04 of the	967
Revised Code for the purposes of division (C) of this section and	968
pursuant to an agreement between the board and the authority under	969
that division, the board shall agree to cause payments to be made	970
by the authority to the contractor hired by the person to	971
construct an erosion control structure in amounts not to exceed	972
the total amount specified in the agreement between the board and	973
the person.	974

(3) The person shall agree to pay to the board, or to the	975
authority as the assignee pursuant to division (C) of this	976
section, the total amount of the payments plus administrative or	977
other costs of the board or the authority at times, in	978
installments, and bearing interest as specified in the agreement.	979

The agreement may contain additional provisions that the	980
board determines necessary to safeguard the interests of the	981
county or to comply with an agreement entered into under division	982
(C) of this section.	983

(B) Upon entering into an agreement under division (A) of	984
this section, the board shall do all of the following:	985

(1) Cause the agreement to be recorded in the county deed	986
records in the office of the county recorder of the county in	987
which the real property is situated. Failure to record the	988
agreement does not affect the validity of the agreement or the	989
collection of any amounts due under the agreement.	990

(2) Establish by resolution an erosion control repayment fund	991
into which shall be deposited all amounts collected under division	992
(B)(3) of this section. Moneys in that fund shall be used by the	993
board for the repayment of the loan and for administrative or	994
other costs of the board or the authority as specified in an	995
agreement entered into under division (C) of this section. If the	996
amount of money in the fund is inadequate to repay the loan when	997
due, the board of county commissioners, by resolution, may advance	998
money from any other fund in order to repay the loan if that use	999
of the money from the other fund is not in conflict with law. If	1000
the board so advances money in order to repay the loan, the board	1001
subsequently shall reimburse each fund from which the board	1002
advances money with moneys from the erosion control repayment	1003
fund.	1004

(3) Bill and collect all amounts when due under the agreement	1005
entered into under division (A) of this section. The board shall	1006
certify amounts not paid when due to the county auditor, who shall	1007
enter the amounts on the real property tax list and duplicate	1008
against the property identified under division (A)(1) of this	1009
section. The amounts not paid when due shall be a lien on that	1010
property from the date on which the amounts are placed on the tax	1011
list and duplicate and shall be collected in the same manner as	1012
other taxes.	1013

(C) A board may apply to the authority for a loan for the	1014
purpose of entering into agreements under division (A) of this	1015
section. The loan shall be for an amount and on the terms	1016
established in an agreement between the board and the authority.	1017
The board may assign any agreements entered into under division	1018
(A) of this section to the authority in order to provide for the	1019
repayment of the loan and may pledge any lawfully available	1020
revenues to the repayment of the loan, provided that no moneys	1021
raised by taxation shall be obligated or pledged by the board for	1022
the repayment of the loan. Any agreement with the authority	1023
pursuant to this division is not subject to Chapter 133. of the	1024
Revised Code or any requirements or limitations established in	1025
that chapter.	1026

(D) The authority, as assignee of any agreement pursuant to	1027
division (C) of this section, may enforce and compel the board and	1028
the county auditor by mandamus pursuant to Chapter 2731. of the	1029
Revised Code to comply with division (B) of this section in a	1030
timely manner.	1031

(E) The construction of an erosion control structure by a	1032
contractor hired by an individual homeowner, group of individual	1033
homeowners, or homeowners association that enters into an	1034
agreement with a board under division (A) of this section is not a	1035
public improvement, as defined in section 4115.03 of the Revised	1036
Code, and is not subject to competitive bidding or public bond	1037
laws.	1038

Sec. 1710.02.  (A) A special improvement district may be	1039
created within the boundaries of any one municipal corporation,	1040
any one township, or any combination of contiguous municipal	1041
corporations and townships for the purpose of developing and	1042
implementing plans for public improvements and public services	1043
that benefit the district. A district may be created by petition	1044
of the owners of real property within the proposed district, or by	1045
an existing qualified nonprofit corporation. If the district is	1046
created by an existing qualified nonprofit corporation, the	1047
purposes for which the district is created may be supplemental to	1048
the other purposes for which the corporation is organized. All	1049
territory in a special improvement district shall be contiguous;	1050
except that the territory in a special improvement district may be	1051
noncontiguous if at least one special energy improvement project	1052
is designated for each parcel of real property included within the	1053
special improvement district. Additional territory may be added to	1054
a special improvement district created under this chapter for the	1055
purpose of developing and implementing plans for special energy	1056
improvement projects if at least one special energy improvement	1057
project is designated for each parcel of real property included	1058
within such additional territory and the addition of territory is	1059
authorized by the initial plan proposed under division (F) of this	1060
section or a plan adopted by the board of directors of the special	1061
improvement district under section 1710.06 of the Revised Code.	1062

The district shall be governed by the board of trustees of a	1063
nonprofit corporation. This board shall be known as the board of	1064
directors of the special improvement district. No special	1065
improvement district shall include any church property, or	1066
property of the federal or state government or a county, township,	1067
or municipal corporation, unless the church or the county,	1068
township, or municipal corporation specifically requests in	1069
writing that the property be included within the district, or	1070
unless the church is a member of the existing qualified nonprofit	1071
corporation creating the district at the time the district is	1072
created. More than one district may be created within a	1073
participating political subdivision, but no real property may be	1074
included within more than one district unless the owner of the	1075
property files a written consent with the clerk of the legislative	1076
authority, the township fiscal officer, or the village clerk, as	1077
appropriate. The area of each district shall be contiguous; except	1078
that the area of a special improvement district may be	1079
noncontiguous if all parcels of real property included within such	1080
area contain at least one special energy improvement thereon.	1081

(B) Except as provided in division (C) of this section, a	1082
district created under this chapter is not a political	1083
subdivision. A district created under this chapter shall be	1084
considered a public agency under section 102.01 and a public	1085
authority under section 4115.03 of the Revised Code. Each member	1086
of the board of directors of a district, each member's designee or	1087
proxy, and each officer and employee of a district shall be	1088
considered a public official or employee under section 102.01 of	1089
the Revised Code and a public official and public servant under	1090
section 2921.42 of the Revised Code. Districts created under this	1091
chapter are not subject to sections 121.81 to 121.83 of the	1092
Revised Code. Districts created under this chapter are subject to	1093
sections 121.22 and 121.23 of the Revised Code.	1094

(C) Each district created under this chapter shall be	1095
considered a political subdivision for purposes of section 4905.34	1096
of the Revised Code.	1097

Membership on the board of directors of the district shall	1098
not be considered as holding a public office. Directors and their	1099
designees shall be entitled to the immunities provided by Chapter	1100
1702. and to the same immunity as an employee under division	1101
(A)(6) of section 2744.03 of the Revised Code, except that	1102
directors and their designees shall not be entitled to the	1103
indemnification provided in section 2744.07 of the Revised Code	1104
unless the director or designee is an employee or official of a	1105
participating political subdivision of the district and is acting	1106
within the scope of the director's or designee's employment or	1107
official responsibilities.	1108

District officers and district members and directors and	1109
their designees or proxies shall not be required to file a	1110
statement with the Ohio ethics commission under section 102.02 of	1111
the Revised Code. All records of the district shall be treated as	1112
public records under section 149.43 of the Revised Code, except	1113
that records of organizations contracting with a district shall	1114
not be considered to be public records under section 149.43 or	1115
section 149.431 of the Revised Code solely by reason of any	1116
contract with a district.	1117

(D) Except as otherwise provided in this section, the	1118
nonprofit corporation that governs a district shall be organized	1119
in the manner described in Chapter 1702. of the Revised Code.	1120
Except in the case of a district created by an existing qualified	1121
nonprofit corporation, the corporation's articles of incorporation	1122
are required to be approved, as provided in division (E) of this	1123
section, by resolution of the legislative authority of each	1124
participating political subdivision of the district. A copy of	1125
that resolution shall be filed along with the articles of	1126
incorporation in the secretary of state's office.	1127

In addition to meeting the requirements for articles of	1128
incorporation set forth in Chapter 1702. of the Revised Code, the	1129
articles of incorporation for the nonprofit corporation governing	1130
a district formed under this chapter shall provide all the	1131
following:	1132

(1) The name for the district, which shall include the name	1133
of each participating political subdivision of the district;	1134

(2) A description of the territory within the district, which	1135
may be all or part of each participating political subdivision.	1136
The description shall be specific enough to enable real property	1137
owners to determine if their property is located within the	1138
district.	1139

(3) A description of the procedure by which the articles of	1140
incorporation may be amended. The procedure shall include	1141
receiving approval of the amendment, by resolution, from the	1142
legislative authority of each participating political subdivision	1143
and filing the approved amendment and resolution with the	1144
secretary of state.	1145

(4) The reasons for creating the district, plus an	1146
explanation of how the district will be conducive to the public	1147
health, safety, peace, convenience, and welfare of the district.	1148

(E) The articles of incorporation for a nonprofit corporation	1149
governing a district created under this chapter and amendments to	1150
them shall be submitted to the municipal executive, if any, and	1151
the legislative authority of each municipal corporation or	1152
township in which the proposed district is to be located. Except	1153
in the case of a district created by an existing qualified	1154
nonprofit corporation, the articles or amendments shall be	1155
accompanied by a petition signed either by the owners of at least	1156
sixty per cent of the front footage of all real property located	1157
in the proposed district that abuts upon any street, alley, public	1158
road, place, boulevard, parkway, park entrance, easement, or other	1159
existing public improvement within the proposed district,	1160
excluding church property or property owned by the state, county,	1161
township, municipal, or federal government, unless a church,	1162
county, township, or municipal corporation has specifically	1163
requested in writing that the property be included in the	1164
district, or by the owners of at least seventy-five per cent of	1165
the area of all real property located within the proposed	1166
district, excluding church property or property owned by the	1167
state, county, township, municipal, or federal government, unless	1168
a church, county, township, or municipal corporation has	1169
specifically requested in writing that the property be included in	1170
the district. Pursuant to Section 2o of Article VIII, Ohio	1171
Constitution, the petition required under this division may be for	1172
the purpose of developing and implementing plans for special	1173
energy improvement projects, and, in such case, is determined to	1174
be in furtherance of the purposes set forth in Section 2o of	1175
Article VIII, Ohio Constitution. If a special improvement district	1176
is being created under this chapter for the purpose of developing	1177
and implementing plans for special energy improvement projects,	1178
the petition required under this division shall be signed by one	1179
hundred per cent of the owners of the area of all real property	1180
located within the proposed special improvement district, at least	1181
one special energy improvement project shall be designated for	1182
each parcel of real property within the special improvement	1183
district, and the special improvement district may include any	1184
number of parcels of real property as determined by the	1185
legislative authority of each participating political subdivision	1186
in which the proposed special improvement district is to be	1187
located. For purposes of determining compliance with these	1188
requirements, the area of the district, or the front footage and	1189
ownership of property, shall be as shown in the most current	1190
records available at the county recorder's office and the county	1191
engineer's office sixty days prior to the date on which the	1192
petition is filed.	1193

Each municipal corporation or township with which the	1194
petition is filed has sixty days to approve or disapprove, by	1195
resolution, the petition, including the articles of incorporation.	1196
In the case of a district created by an existing qualified	1197
nonprofit corporation, each municipal corporation or township has	1198
sixty days to approve or disapprove the creation of the district	1199
after the corporation submits the articles of incorporation or	1200
amendments thereto. This chapter does not prohibit or restrict the	1201
rights of municipal corporations under Article XVIII of the Ohio	1202
Constitution or the right of the municipal legislative authority	1203
to impose reasonable conditions in a resolution of approval. The	1204
acquisition, installation, equipping, and improvement of a special	1205
energy improvement project under this chapter shall not supersede	1206
any local zoning, environmental, or similar law or regulation.	1207

(F) Persons proposing creation and operation of the district	1208
may propose an initial plan for public services or public	1209
improvements that benefit all or any part of the district. Any	1210
initial plan shall be submitted as part of the petition proposing	1211
creation of the district or, in the case of a district created by	1212
an existing qualified nonprofit corporation, shall be submitted	1213
with the articles of incorporation or amendments thereto.	1214

An initial plan may include provisions for the following:

1215

(1) Creation and operation of the district and of the	1216
nonprofit corporation to govern the district under this chapter;	1217

(2) Hiring employees and professional services;

1218

(3) Contracting for insurance;

1219

(4) Purchasing or leasing office space and office equipment;

1220

(5) Other actions necessary initially to form, operate, or	1221
organize the district and the nonprofit corporation to govern the	1222
district;	1223

(6) A plan for public improvements or public services that	1224
benefit all or part of the district, which plan shall comply with	1225
the requirements of division (A) of section 1710.06 of the Revised	1226
Code and may include, but is not limited to, any of the permissive	1227
provisions described in the fourth sentence of that division or	1228
listed in divisions (A)(1) to (7) of that section;	1229

(7) If the special improvement district is being created	1230
under this chapter for the purpose of developing and implementing	1231
plans for special energy improvement projects, provision for the	1232
addition of territory to the special improvement district.	1233

After the initial plan is approved by all municipal	1234
corporations and townships to which it is submitted for approval	1235
and the district is created, each participating subdivision shall	1236
levy a special assessment within its boundaries to pay for the	1237
costs of the initial plan. The levy shall be for no more than ten	1238
years from the date of the approval of the initial plan; except	1239
that if the proceeds of the levy are to be used to pay the costs	1240
of a special energy improvement project, the levy of a special	1241
assessment shall be for no more than thirty years from the date of	1242
approval of the initial plan. In the event that additional	1243
territory is added to a special improvement district, the special	1244
assessment to be levied with respect to such additional territory	1245
shall commence not earlier than the date such territory is added	1246
and shall be for no more than thirty years from such date. For	1247
purposes of levying an assessment for this initial plan, the	1248
services or improvements included in the initial plan shall be	1249
deemed a special benefit to property owners within the district.	1250

(G) Each nonprofit corporation governing a district under	1251
this chapter may do the following:	1252

(1) Exercise all powers of nonprofit corporations granted	1253
under Chapter 1702. of the Revised Code that do not conflict with	1254
this chapter;	1255

(2) Develop, adopt, revise, implement, and repeal plans for	1256
public improvements and public services for all or any part of the	1257
district;	1258

(3) Contract with any person, political subdivision as	1259
defined in section 2744.01 of the Revised Code, or state agency as	1260
defined in section 1.60 of the Revised Code to develop and	1261
implement plans for public improvements or public services within	1262
the district;	1263

(4) Contract and pay for insurance for the district and for	1264
directors, officers, agents, contractors, employees, or members of	1265
the district for any consequences of the implementation of any	1266
plan adopted by the district or any actions of the district.	1267

The board of directors of a special improvement district may,	1268
acting as agent and on behalf of a participating political	1269
subdivision, sell, transfer, lease, or convey any special energy	1270
improvement project owned by the participating political	1271
subdivision upon a determination by the legislative authority	1272
thereof that the project is not required to be owned exclusively	1273
by the participating political subdivision for its purposes, for	1274
uses determined by the legislative authority thereof as those that	1275
will promote the welfare of the people of such participating	1276
political subdivision; to improve the quality of life and the	1277
general and economic well-being of the people of the participating	1278
political subdivision; better ensure the public health, safety,	1279
and welfare; protect water and other natural resources; provide	1280
for the conservation and preservation of natural and open areas	1281
and farmlands, including by making urban areas more desirable or	1282
suitable for development and revitalization; control, prevent,	1283
minimize, clean up, or mediate certain contamination of or	1284
pollution from lands in the state and water contamination or	1285
pollution; or provide for safe and natural areas and resources.	1286
The legislative authority of each participating political	1287
subdivision shall specify the consideration for such sale,	1288
transfer, lease, or conveyance and any other terms thereof. Any	1289
determinations made by a legislative authority of a participating	1290
political subdivision under this division shall be conclusive.	1291

Any sale, transfer, lease, or conveyance of a special energy	1292
improvement project by a participating political subdivision or	1293
the board of directors of the special improvement district may be	1294
made without advertising, receipt of bids, or other competitive	1295
bidding procedures applicable to the participating political	1296
subdivision or the special improvement district under Chapter 153.	1297
or 735. or section 1710.11 of the Revised Code or other	1298
representative provisions of the Revised Code.	1299

Sec. 4115.03.  As used in sections 4115.03 to 4115.16 of the	1300
Revised Code:	1301

(A)(1) "Public authority" means any officer, board, or	1302
commission of the state, or any political subdivision of the	1303
state, authorized to enter into a contract for the construction of	1304
a public improvement or to construct the same by the direct	1305
employment of labor, or any institution supported in whole or in	1306
part by publicstate funds and said sections apply to expenditures	1307
of such institutions made in whole or in part from publicstate	1308
funds.	1309

(2) "Public authority" does not mean either of the following:

1310

(a) A political subdivision or special district, unless the	1311
political subdivision or special district elects to be subject to	1312
the requirements of sections 4115.03 to 4115.16 of the Revised	1313
Code pursuant to section 4115.04 of the Revised Code.	1314

(b) A state institution of higher education, unless the state	1315
institution of higher education elects to be subject to the	1316
requirements of sections 4115.03 to 4115.16 of the Revised Code	1317
pursuant to section 4115.04 of the Revised Code.	1318

(B) "Construction" means any of the following:

1319

(1) Except as provided in division (B)(2) or (3) of this	1320
section, any new construction of a public improvement, the total	1321
overall project cost of which is fairly estimated to be more than	1322
the following amounts and performed by other than full-time	1323
employees who have completed their probationary periods in the	1324
classified service of a public authority:	1325

(a) One hundred twenty-five thousand dollars, beginning on	1326
the effective date of this amendment and continuing for one year	1327
thereafter;	1328

(b) Two hundred thousand dollars, beginning when the time	1329
period described in division (B)(1)(a) of this section expires and	1330
continuing for one year thereafter;	1331

(c) Two hundred fifty thousand dollars, beginning when the	1332
time period described in division (B)(1)(b) of this section	1333
expires.	1334

(2) Except as provided in division (B)(4) of this section,	1335
or any reconstruction, enlargement, alteration, repair,	1336
remodeling, renovation, or painting of a public improvement, the	1337
total overall project cost of which is fairly estimated to be more	1338
than the following amountsthree million five hundred dollars	1339
adjusted biennially by the director of commerce pursuant to	1340
section 4115.034 of the Revised Code and performed by other than	1341
full-time employees who have completed their probationary period	1342
in the classified civil service of a public authority:.	1343

(a) Thirty-eight thousand dollars, beginning on the effective	1344
date of this amendment and continuing for one year thereafter;	1345

(b) Sixty thousand dollars, beginning when the time period	1346
described in division (B)(2)(a) of this section expires and	1347
continuing for one year thereafter;	1348

(c) Seventy-five thousand dollars, beginning when the time	1349
period described in division (B)(2)(b) of this section expires.	1350

(3)(2) Any new construction of a public improvement that	1351
involves roads, streets, alleys, sewers, ditches, and other works	1352
connected to road or bridge construction, the total overall	1353
project cost of which is fairly estimated to be more than	1354
seventy-eight thousand two hundred fifty-eight dollars adjusted	1355
biennially by the director of commerce pursuant to section	1356
4115.034 of the Revised Code and performed by other than full-time	1357
employees who have completed their probationary periods in the	1358
classified service of a public authority;	1359

(4)(3) Any reconstruction, enlargement, alteration, repair,	1360
remodeling, renovation, or painting of a public improvement that	1361
involves roads, streets, alleys, sewers, ditches, and other works	1362
connected to road or bridge construction, the total overall	1363
project cost of which is fairly estimated to be more than	1364
twenty-three thousand four hundred forty-seven dollars adjusted	1365
biennially by the director of commerce pursuant to section	1366
4115.034 of the Revised codeCode and performed by other than	1367
full-time employees who have completed their probationary periods	1368
in the classified service of a public authority.	1369

(C) "Public improvement" includes all buildings, roads,	1370
streets, alleys, sewers, ditches, sewage disposal plants, water	1371
works, and all other structures or works constructed by a public	1372
authority of the state or any political subdivision thereof or by	1373
any person who, pursuant to a contract with a public authority,	1374
constructs any structure for a public authority of the state or a	1375
political subdivision thereof. When a public authority rents or	1376
leases a newly constructed structure within six months after	1377
completion of such construction, all work performed on such	1378
structure to suit it for occupancy by a public authority is a	1379
"public improvement." "Public improvement" does not include an	1380
improvement authorized by section 1515.08 of the Revised Code that	1381
is constructed pursuant to a contract with a soil and water	1382
conservation district, as defined in section 1515.01 of the	1383
Revised Code, or performed as a result of a petition filed	1384
pursuant to Chapter 6131., 6133., or 6135. of the Revised Code,	1385
wherein no less than seventy-five per cent of the project is	1386
located on private land and no less than seventy-five per cent of	1387
the cost of the improvement is paid for by private property owners	1388
pursuant to Chapter 1515., 6131., 6133., or 6135. of the Revised	1389
Code.	1390

(D) "Locality" means the county wherein the physical work	1391
upon any public improvement is being performed.	1392

(E) "Prevailing wages" means the sum of the following:

1393

(1) The basic hourly rate of pay;

1394

(2) The rate of contribution irrevocably made by a contractor	1395
or subcontractor to a trustee or to a third person pursuant to a	1396
fund, plan, or program;	1397

(3) The rate of costs to the contractor or subcontractor	1398
which may be reasonably anticipated in providing the following	1399
fringe benefits to laborers and mechanics pursuant to an	1400
enforceable commitment to carry out a financially responsible plan	1401
or program which was communicated in writing to the laborers and	1402
mechanics affected:	1403

(a) Medical or hospital care or insurance to provide such;

1404

(b) Pensions on retirement or death or insurance to provide	1405
such;	1406

(c) Compensation for injuries or illnesses resulting from	1407
occupational activities if it is in addition to that coverage	1408
required by Chapters 4121. and 4123. of the Revised Code;	1409

(d) Supplemental unemployment benefits that are in addition	1410
to those required by Chapter 4141. of the Revised Code;	1411

(e) Life insurance;

1412

(f) Disability and sickness insurance;

1413

(g) Accident insurance;

1414

(h) Vacation and holiday pay;

1415

(i) Defraying of costs for apprenticeship or other similar	1416
training programs which are beneficial only to the laborers and	1417
mechanics affected;	1418

(j) Other bona fide fringe benefits.

1419

None of the benefits enumerated in division (E)(3) of this	1420
section may be considered in the determination of prevailing wages	1421
if federal, state, or local law requires contractors or	1422
subcontractors to provide any of such benefits.	1423

(F) "Interested party," with respect to a particular contract	1424
for construction of a public improvement, means:	1425

(1) Any person who submits a bid for the purpose of securing	1426
the award of the contract;	1427

(2) Any person acting as a subcontractor of a person	1428
described in division (F)(1) of this section;	1429

(3) Any bona fide organization of labor which has as members	1430
or is authorized to represent employees of a person described in	1431
division (F)(1) or (2) of this section and which exists, in whole	1432
or in part, for the purpose of negotiating with employers	1433
concerning the wages, hours, or terms and conditions of employment	1434
of employees;	1435

(4) Any association having as members any of the persons	1436
described in division (F)(1) or (2) of this section.	1437

(G) Except as used in division (A) of this section, "officer"	1438
means an individual who has an ownership interest or holds an	1439
office of trust, command, or authority in a corporation, business	1440
trust, partnership, or association.	1441

(H) "Political subdivision" has the same meaning as in	1442
section 9.23 of the Revised Code.	1443

(I) "State institution of higher education" has the same	1444
meaning as in section 3345.011 of the Revised Code.	1445

Sec. 4115.034.  On January 1, 1996, and the first day of	1446
January of every even-numbered year thereafter, the director of	1447
commerce shall adjust the threshold levels for which public	1448
improvement projects are subject to sections 4115.03 to 4115.16 of	1449
the Revised Code as set forth in divisionsdivision (B)(3) and (4)	1450
of section 4115.03 of the Revised Code. The director shall adjust	1451
those amounts according to the average increase or decrease for	1452
each of the two years immediately preceding the adjustment as set	1453
forth in the United States department of commerce, bureau of the	1454
census implicit price deflator for construction, provided that no	1455
increase or decrease for any year shall exceed three per cent of	1456
the threshold level in existence at the time of the adjustment.	1457

Sec. 4115.04.  (A)(1) Every public authority authorized to	1458
contract for or construct with its own forces a public	1459
improvement, before advertising for bids or undertaking such	1460
construction with its own forces, shall have the director of	1461
commerce determine the prevailing rates of wages of mechanics and	1462
laborers in accordance with section 4115.05 of the Revised Code	1463
for the class of work called for by the public improvement, in the	1464
locality where the work is to be performed. Except as provided in	1465
division (A)(2) of this section, that schedule of wages shall be	1466
attached to and made part of the specifications for the work, and	1467
shall be printed on the bidding blanks where the work is done by	1468
contract. A copy of the bidding blank shall be filed with the	1469
director before the contract is awarded. A minimum rate of wages	1470
for common laborers, on work coming under the jurisdiction of the	1471
department of transportation, shall be fixed in each county of the	1472
state by the department of transportation, in accordance with	1473
section 4115.05 of the Revised Code.	1474

(2) In the case of contracts that are administered by the	1475
department of natural resources, the director of natural resources	1476
or the director's designee shall include language in the contracts	1477
requiring wage rate determinations and updates to be obtained	1478
directly from the department of commerce through electronic or	1479
other means as appropriate. Contracts that include this	1480
requirement are exempt from the requirements established in	1481
division (A)(1) of this section that involve attaching the	1482
schedule of wages to the specifications for the work, making the	1483
schedule part of those specifications, and printing the schedule	1484
on the bidding blanks where the work is done by contract.	1485

(B) SectionsExcept as provided in division (C) of this	1486
section, sections 4115.03 to 4115.16 of the Revised Code do not	1487
apply to:	1488

(1) Public improvements in any case where the federal	1489
government or any of its agencies furnishes by loan or grant all	1490
or any part of the funds used in constructing such improvements,	1491
provided that the federal government or any of its agencies	1492
prescribes predetermined minimum wages to be paid to mechanics and	1493
laborers employed in the construction of such improvements;	1494

(2) A participant in a work activity, developmental activity,	1495
or an alternative work activity under sections 5107.40 to 5107.69	1496
of the Revised Code when a public authority directly uses the	1497
labor of the participant to construct a public improvement if the	1498
participant is not engaged in paid employment or subsidized	1499
employment pursuant to the activity;	1500

(3) Public improvements undertaken by, or under contract for,	1501
the board of education of any school district or the governing	1502
board of any educational service center;	1503

(4) Public improvements undertaken by, or under contract for,	1504
a county hospital operated pursuant to Chapter 339. of the Revised	1505
Code or a municipal hospital operated pursuant to Chapter 749. of	1506
the Revised Code if none of the funds used in constructing the	1507
improvements are the proceeds of bonds or other obligations that	1508
are secured by the full faith and credit of the state, a county, a	1509
township, or a municipal corporation and none of the funds used in	1510
constructing the improvements, including funds used to repay any	1511
amounts borrowed to construct the improvements, are funds that	1512
have been appropriated for that purpose by the state, a board of	1513
county commissioners, a township, or a municipal corporation from	1514
funds generated by the levy of a tax, provided that a county	1515
hospital or municipal hospital may elect to apply sections 4115.03	1516
to 4115.16 of the Revised Code to a public improvement undertaken	1517
by, or under contract for, the hospitala political subdivision or	1518
state institution of higher education;	1519

(5)(4) Any project described in divisions (D)(1)(a) to	1520
(D)(1)(e) of section 176.05 of the Revised Code;	1521

(6) Public improvements undertaken by, or under contract for,	1522
a port authority as defined in section 4582.01 or 4582.21 of the	1523
Revised Code;	1524

(7)(5) Any portion of a public improvement undertaken and	1525
completed solely with labor donated by the individuals performing	1526
the labor, by a labor organization and its members, or by a	1527
contractor or subcontractor that donates all labor and materials	1528
for that portion of the public improvement project.	1529

(C) Except as otherwise provided in division (D) of this	1530
section, a political subdivision, a special district, including a	1531
special improvement district created in section 1710.02 of the	1532
Revised Code, or a state institution of higher education may elect	1533
to apply sections 4115.03 to 4115.16 of the Revised Code to a	1534
public improvement undertaken by, or under contract for, the	1535
political subdivision, the special district, or the state	1536
institution of higher education, including any of the following:	1537

(1) A contract financed in whole or in part under Chapter	1538
164. of the Revised Code;	1539

(2) The construction, improvement, furnishing, and equipping	1540
of a correctional facility to be leased pursuant to section	1541
307.022 of the Revised Code;	1542

(3) Any contract for the acquisition, construction, or	1543
equipping of a port authority educational and cultural facility	1544
entered into, assigned, or assumed pursuant to section 307.671 of	1545
the Revised Code;	1546

(4) Any contract for the acquisition, construction, or	1547
equipping of a sports facility entered into, assigned, or assumed	1548
pursuant to section 307.673 of the Revised Code;	1549

(5) Construction services for a port authority educational	1550
and cultural performing arts facility under section 307.674 of the	1551
Revised Code;	1552

(6) Construction of a sports facility under section 307.696	1553
of the Revised Code;	1554

(7) A facility constructed under Chapter 351. of the Revised	1555
Code;	1556

(8) A public improvement undertaken by, or under contract	1557
for, a lake facilities authority under Chapter 353. of the Revised	1558
Code;	1559

(9) Projects described under section 6117.012 of the Revised	1560
Code performed by a county;	1561

(10) Projects undertaken with funding provided under Chapter	1562
6121. of the Revised Code.	1563

(D)(1) Under no circumstances shall a public authority apply	1564
the prevailing wage requirements of this chapter to a public	1565
improvement that is exempt under division (B)(3) of this section	1566
is undertaken by, or under contract for, a board of education of	1567
any school district or the governing board of any educational	1568
service center.	1569

(2) A political subdivision or special district may not elect	1570
to apply sections 4115.03 to 4115.16 of the Revised Code to any of	1571
the following:	1572

(a) An improvement authorized by section 1515.08 of the	1573
Revised Code that is constructed pursuant to a contract with a	1574
soil and water conservation district, as defined in section	1575
1515.01 of the Revised Code, or performed as a result of a	1576
petition filed pursuant to Chapter 6131., 6133., or 6135. of the	1577
Revised Code, wherein no less than seventy-five per cent of the	1578
project is located on private land and not less than seventy-five	1579
per cent of the cost of the improvement is paid for by private	1580
property owners pursuant to Chapter 1515., 6131., 6133., or 6135.	1581
of the Revised Code;	1582

(b) The construction of an erosion control structure under	1583
section 1506.44 of the Revised Code;	1584

(c) An improvement undertaken by, or under contract for, a	1585
transportation improvement district created in Chapter 5540. of	1586
the Revised Code.	1587

Sec. 4115.06.  In all cases where any public authority fixes	1588
a prevailing rate of wages under section 4115.04 of the Revised	1589
Code, and the work is done by contract, the contract executed	1590
between the public authority and the successful bidder shall	1591
contain a provision requiring the successful bidder and all his	1592
subcontractors to pay a rate of wages which shall not be less than	1593
the rate of wages so fixed. The successful bidder and all his	1594
subcontractors shall comply strictly with the wage provisions of	1595
the contract.	1596

Where a public authority constructs a public improvement with	1597
its own forces, such public authority shall pay a rate of wages	1598
which shall not be less than the rate of wages fixed as provided	1599
in section 4115.04 of the Revised Code, except in those instances	1600
provided for in sections 723.52,section 5517.02, 5575.01, and	1601
5543.19 of the Revised Code.	1602

Sec. 4115.09.  No member of a publicstate board, commission,	1603
or other public authority authorized to contract for or construct	1604
with its own forces a public improvement, shall vote for the award	1605
of any contract for the construction of such improvement, or vote	1606
for the disbursement of any funds on account of the construction	1607
of such public improvement, unless such public authority has first	1608
had the director of commerce determine the prevailing rates of	1609
wages of mechanics and laborers for the class of work called for	1610
by such public improvement in the locality where the work is to be	1611
performed, as provided in section 4115.04 of the Revised Code.	1612

Sec. 4115.10.  (A) No person, firm, corporation, or public	1613
authority that constructs a public improvement with its own	1614
forces, the total overall project cost of which is fairly	1615
estimated to be more than the amounts set forth in division (B) of	1616
section 4115.03 of the Revised Code, adjusted biennially by the	1617
director of commerce pursuant to section 4115.034 of the Revised	1618
Code, as appropriate, shall violate the wage provisions of	1619
sections 4115.03 to 4115.16 of the Revised Code, or suffer,	1620
permit, or require any employee to work for less than the rate of	1621
wages so fixed, or violate the provisions of section 4115.07 of	1622
the Revised Code. Any employee upon any public improvement, except	1623
an employee to whom or on behalf of whom restitution is made	1624
pursuant to division (C) of section 4115.13 of the Revised Code,	1625
who is paid less than the fixed rate of wages applicable thereto	1626
may recover from such person, firm, corporation, or public	1627
authority that constructs a public improvement with its own forces	1628
the difference between the fixed rate of wages and the amount paid	1629
to the employee and in addition thereto a sum equal to twenty-five	1630
per cent of that difference. The person, firm, corporation, or	1631
public authority who fails to pay the rate of wages so fixed also	1632
shall pay a penalty to the director of seventy-five per cent of	1633
the difference between the fixed rate of wages and the amount paid	1634
to the employees on the public improvement. The director shall	1635
deposit all moneys received from penalties paid to the director	1636
pursuant to this section into the industrial compliance operating	1637
fund. The director shall use the fund for the enforcement of	1638
sections 4115.03 to 4115.16 of the Revised Code. The employee may	1639
file suit for recovery within ninety days of the director's	1640
determination of a violation of sections 4115.03 to 4115.16 of the	1641
Revised Code or is barred from further action under this division.	1642
Where the employee prevails in a suit, the employer shall pay the	1643
costs and reasonable attorney's fees allowed by the court.	1644

(B) Any employee upon any public improvement who is paid less	1645
than the prevailing rate of wages applicable thereto may file a	1646
complaint in writing with the director upon a form furnished by	1647
the director. The complaint shall include documented evidence to	1648
demonstrate that the employee was paid less than the prevailing	1649
wage in violation of this chapter. Upon receipt of a properly	1650
completed written complaint of any employee paid less than the	1651
prevailing rate of wages applicable, the director shall take an	1652
assignment of a claim in trust for the assigning employee and	1653
bring any legal action necessary to collect the claim. The	1654
employer shall pay the costs and reasonable attorney's fees	1655
allowed by the court if the employer is found in violation of	1656
sections 4115.03 to 4115.16 of the Revised Code.	1657

(C) If after investigation pursuant to section 4115.13 of the	1658
Revised Code, the director determines there is a violation of	1659
sections 4115.03 to 4115.16 of the Revised Code and a period of	1660
sixty days has elapsed from the date of the determination, and if:	1661

(1) No employee has brought suit pursuant to division (A) of	1662
this section;	1663

(2) No employee has requested that the director take an	1664
assignment of a wage claim pursuant to division (B) of this	1665
section.	1666

The director shall bring any legal action necessary to	1667
collect any amounts owed to employees and the director. The	1668
director shall pay over to the affected employees the amounts	1669
collected to which the affected employees are entitled under	1670
division (A) of this section. In any action in which the director	1671
prevails, the employer shall pay the costs and reasonable	1672
attorney's fees allowed by the court.	1673

(D) Where persons are employed and their rate of wages has	1674
been determined as provided in section 4115.04 of the Revised	1675
Code, no person, either for self or any other person, shall	1676
request, demand, or receive, either before or after the person is	1677
engaged, that the person so engaged pay back, return, donate,	1678
contribute, or give any part or all of the person's wages, salary,	1679
or thing of value, to any person, upon the statement,	1680
representation, or understanding that failure to comply with such	1681
request or demand will prevent the procuring or retaining of	1682
employment, and no person shall, directly or indirectly, aid,	1683
request, or authorize any other person to violate this section.	1684
This division does not apply to any agent or representative of a	1685
duly constituted labor organization acting in the collection of	1686
dues or assessments of such organization.	1687

(E) The director shall enforce sections 4115.03 to 4115.16 of	1688
the Revised Code.	1689

(F) For the purpose of supplementing existing resources and	1690
to assist in enforcing division (E) of this section, the director	1691
may contract with a person registered as a public accountant under	1692
Chapter 4701. of the Revised Code to conduct an audit of a person,	1693
firm, corporation, or public authority.	1694

(G) No contractor or subcontractor shall be responsible for	1695
the payment of the penalties provided in division (A) of this	1696
section resulting from a violation of sections 4115.03 to 4115.16	1697
of the Revised Code by its subcontractor, provided that the	1698
contractor or subcontractor has made a good faith effort to ensure	1699
that its subcontractor complied with the requirements of sections	1700
4115.03 to 4115.16 of the Revised Code.	1701

Sec. 4115.133.  (A) The director of commerce shall file with	1702
the secretary of state a list of contractors, subcontractors, and	1703
officers of contractors and subcontractors who have been	1704
prosecuted and convicted for violations of or have been found to	1705
have intentionally violated sections 4115.03 to 4115.16 of the	1706
Revised Code. The director shall not include on the list a	1707
contractor, subcontractor, or officer of a contractor or	1708
subcontractor until the expiration of any applicable appeal period	1709
relative to the finding, or if appealed, until the date of the	1710
final judgment of a court.	1711

(B) Each contractor, subcontractor, or officer of a	1712
contractor or subcontractor who has been prosecuted and convicted	1713
for violations of or is found to have intentionally violated	1714
sections 4115.03 to 4115.16 of the Revised Code is prohibited from	1715
contracting directly or indirectly with any public authority for	1716
the construction of a public improvement or from performing any	1717
work on the same as a contractor, subcontractor, or officer of a	1718
contractor or subcontractor for a period of one year from the date	1719
of the expiration of the applicable period for filing an appeal,	1720
or if appealed, from the date of the final judgment of a court. If	1721
the contractor, subcontractor, or officer of a contractor or	1722
subcontractor is found to have intentionally violated sections	1723
4115.03 to 4115.16 of the Revised Code another time within five	1724
years after the date specified under division (B) of this section,	1725
the contractor, subcontractor, or officer of a contractor or	1726
subcontractor is prohibited from so contracting or performing work	1727
for a period of three years from the date of the expiration of the	1728
applicable period for filing an appeal, or if appealed, from the	1729
date of the final judgment of a court.	1730

(C) No public authority shall award a contract for a public	1731
improvement to any contractor, subcontractor, or officer of a	1732
contractor or subcontractor during the time that the contractor's,	1733
subcontractor's, or officer's name appears on such list. The	1734
filing of the notice of conviction or of the finding with the	1735
secretary of state constitutes notice to all public authorities.	1736

(D) Notwithstanding section 4115.03 of the Revised Code, as	1737
used in this section, "public authority" means any officer, board,	1738
or commission of the state, or any political subdivision of the	1739
state, authorized to enter into a contract for the construction of	1740
a public improvement or to construct the same by the direct	1741
employment of labor, or any institution supported in whole or in	1742
part by public funds and said sections apply to expenditures of	1743
such institutions made in whole or in part from public funds.	1744

Sec. 5540.03.  (A) A transportation improvement district may:

1745

(1) Adopt bylaws for the regulation of its affairs and the	1746
conduct of its business;	1747

(2) Adopt an official seal;

1748

(3) Sue and be sued in its own name, plead and be impleaded,	1749
provided any actions against the district shall be brought in the	1750
court of common pleas of the county in which the principal office	1751
of the district is located, or in the court of common pleas of the	1752
county in which the cause of action arose, and all summonses,	1753
exceptions, and notices of every kind shall be served on the	1754
district by leaving a copy thereof at its principal office with	1755
the secretary-treasurer;	1756

(4) Purchase, construct, maintain, repair, sell, exchange,	1757
police, operate, or lease projects;	1758

(5) Issue either or both of the following for the purpose of	1759
providing funds to pay the costs of any project or part thereof:	1760

(a) Transportation improvement district revenue bonds;

1761

(b) Bonds pursuant to Section 13 of Article VIII, Ohio	1762
Constitution;	1763

(6) Maintain such funds as it considers necessary;

1764

(7) Direct its agents or employees, when properly identified	1765
in writing and after at least five days' written notice, to enter	1766
upon lands within its jurisdiction to make surveys and	1767
examinations preliminary to the location and construction of	1768
projects for the district, without liability of the district or	1769
its agents or employees except for actual damage done;	1770

(8) Make and enter into all contracts and agreements	1771
necessary or incidental to the performance of its functions and	1772
the execution of its powers under this chapter;	1773

(9) Employ or retain or contract for the services of	1774
consulting engineers, superintendents, managers, and such other	1775
engineers, construction and accounting experts, financial	1776
advisers, trustees, marketing, remarketing, and administrative	1777
agents, attorneys, and other employees, independent contractors,	1778
or agents as are necessary in its judgment and fix their	1779
compensation, provided all such expenses shall be payable solely	1780
from the proceeds of bonds or from revenues;	1781

(10) Receive and accept from the federal or any state or	1782
local government, including, but not limited to, any agency,	1783
entity, or instrumentality of any of the foregoing, loans and	1784
grants for or in aid of the construction, maintenance, or repair	1785
of any project, and receive and accept aid or contributions from	1786
any source or person of money, property, labor, or other things of	1787
value, to be held, used, and applied only for the purposes for	1788
which such loans, grants, and contributions are made. Nothing in	1789
division (A)(10) of this section shall be construed as imposing	1790
any liability on this state for any loan received by a	1791
transportation improvement district from a third party unless this	1792
state has entered into an agreement to accept such liability.	1793

(11) Acquire, hold, and dispose of property in the exercise	1794
of its powers and the performance of its duties under this	1795
chapter;	1796

(12) Establish and collect tolls or user charges for its	1797
projects;	1798

(13) Do all acts necessary and proper to carry out the powers	1799
expressly granted in this chapter.	1800

(B) Chapters 123., 124., 125., and 153., and 4115., and	1801
sections 9.331 to 9.335 and 307.86 of the Revised Code do not	1802
apply to contracts or projects of a transportation improvement	1803
district.	1804

Sec. 6117.012.  (A) A board of county commissioners may adopt	1805
rules requiring owners of property within the district whose	1806
property is served by a connection to sewers maintained and	1807
operated by the board or to sewers that are connected to	1808
interceptor sewers maintained and operated by the board to do any	1809
of the following:	1810

(1) Disconnect storm water inflows to sanitary sewers	1811
maintained and operated by the board and not operated as a	1812
combined sewer, or to connections with those sewers;	1813

(2) Disconnect non-storm water inflows to storm water sewers	1814
maintained and operated by the board and not operated as a	1815
combined sewer, or to connections with those storm water sewers;	1816

(3) Reconnect or relocate any such disconnected inflows in	1817
compliance with board rules and applicable building codes, health	1818
codes, or other relevant codes;	1819

(4) Prevent sewer back-ups into properties that have	1820
experienced one or more back-ups of sanitary or combined sewers	1821
maintained and operated by the board;	1822

(5) Prevent storm water from entering a combined sewer and	1823
causing an overflow or an inflow to a sanitary sewer, which	1824
prevention may include projects or programs that separate the	1825
storm water from a combined sewer or that utilize a prevention or	1826
replacement facility to prevent or minimize storm water from	1827
entering a combined sewer or a sanitary sewer.	1828

(B) Any inflow required to be disconnected or any sewer	1829
back-up required to be prevented under a rule adopted pursuant to	1830
divisions (A)(1) to (4) of this section constitutes a nuisance	1831
subject to injunctive relief and abatement pursuant to Chapter	1832
3767. of the Revised Code or as otherwise permitted by law.	1833

(C) A board of county commissioners may use sewer district	1834
funds; county general fund moneys; the proceeds of bonds issued	1835
under Chapter 133. or 165. of the Revised Code; and, to the extent	1836
permitted by their terms, loans, grants, or other moneys from	1837
appropriate state or federal funds, for either of the following:	1838

(1) The cost of disconnections, reconnections, relocations,	1839
combined sewer overflow prevention, or sewer back-up prevention	1840
required by rules adopted pursuant to division (A) of this	1841
section, performed by the county or under contract with the	1842
county;	1843

(2) Payments to the property owner or a contractor hired by	1844
the property owner pursuant to a competitive process established	1845
by district rules, for the cost of disconnections, reconnections,	1846
relocations, combined sewer overflow prevention, or sewer back-up	1847
prevention required by rules adopted pursuant to division (A) of	1848
this section after the board, pursuant to its rules, has approved	1849
the work to be performed and after the county has received from	1850
the property owner a statement releasing the county from all	1851
liability in connection with the disconnections, reconnections,	1852
relocations, combined sewer overflow prevention, or sewer back-up	1853
prevention.	1854

(D) Except as provided in division (E) of this section, the	1855
board of county commissioners shall require in its rules regarding	1856
disconnections, reconnections, relocations of sewers, combined	1857
sewer overflow prevention, or sewer back-up prevention the	1858
reimbursement of moneys expended pursuant to division (C) of this	1859
section by either of the following methods:	1860

(1) A charge to the property owner in the amount of the	1861
payment made pursuant to division (C) of this section for	1862
immediate payment or payment in installments with interest as	1863
determined by the board not to exceed ten per cent, which payments	1864
may be billed as a separate item with the rents charged to that	1865
owner for use of the sewers. The board may approve installment	1866
payments for a period of not more than fifteen years. If charges	1867
are to be paid in installments, the board shall certify to the	1868
county auditor information sufficient to identify each subject	1869
parcel of property, the total of the charges to be paid in	1870
installments, and the total number of installments to be paid. The	1871
auditor shall record the information in the sewer improvement	1872
record until these charges are paid in full. Charges not paid when	1873
due shall be certified to the county auditor, who shall place the	1874
charges upon the real property tax list and duplicate against that	1875
property. Those charges shall be a lien on the property from the	1876
date they are placed on the tax list and duplicate and shall be	1877
collected in the same manner as other taxes.	1878

(2) A special assessment levied against the property, payable	1879
in the number of years the board determines, not to exceed fifteen	1880
years, with interest as determined by the board not to exceed ten	1881
per cent. The board shall certify the assessments to the county	1882
auditor, stating the amount and time of payment. The auditor shall	1883
record the information in the county sewer improvement record,	1884
showing separately the assessments to be collected, and shall	1885
place the assessments upon the real property tax list and	1886
duplicate for collection. The assessments shall be a lien on the	1887
property from the date they are placed on the tax list and	1888
duplicate and shall be collected in the same manner as other	1889
taxes.	1890

(E) The county may adopt a resolution specifying a maximum	1891
amount of the cost of any disconnection, reconnection, relocation,	1892
combined sewer overflow prevention, or sewer back-up prevention	1893
required pursuant to division (A) of this section that may be paid	1894
by the county for each affected parcel of property without	1895
requiring reimbursement. That amount may be allowed only if there	1896
is a building code, health code, or other relevant code, or a	1897
federally imposed or state-imposed consent decree that is filed or	1898
otherwise recorded in a court of competent jurisdiction,	1899
applicable to the affected parcel that prohibits in the future any	1900
inflows, combined sewer overflows, or sewer back-ups not allowed	1901
under rules adopted pursuant to division (A)(1), (4), or (5) of	1902
this section. The board, by rule, shall establish criteria for	1903
determining how much of the maximum amount for each qualifying	1904
parcel need not be reimbursed.	1905

(F) Disconnections, reconnections, relocations, combined	1906
sewer overflow prevention, or sewer back-up prevention required	1907
under this section and performed by a contractor under contract	1908
with the property owner shall not be considered a public	1909
improvement, and those performed by the county shall be considered	1910
a public improvement as defined in section 4115.03 of the Revised	1911
Code.	1912

Disconnections, reconnections, relocations, combined sewer	1913
overflow prevention, or sewer back-up prevention required under	1914
this section performed by a contractor under contract with the	1915
property owner shall not be subject to competitive bidding or	1916
public bond laws.	1917

(G) Property owners shall be responsible for maintaining any	1918
improvements made or facilities constructed on private property to	1919
reconnect or relocate disconnected inflows, for combined sewer	1920
overflow prevention, or for sewer back-up prevention pursuant to	1921
this section unless a public easement or other agreement exists	1922
for the county to maintain that improvement or facility.	1923

(H) A board of county commissioners may provide rate	1924
reductions of and credits against charges for the use of sewers to	1925
a property owner that implements a project or program that	1926
prevents storm water from entering a combined sewer and causing an	1927
overflow. Such a project or program may include the use of a	1928
prevention or replacement facility to handle storm water that has	1929
been separated from a combined sewer. The revised rates or charges	1930
shall be collected and paid to the county treasurer in accordance	1931
with section 6117.02 of the Revised Code.	1932

Sec. 6121.061.  The Ohio water development authority shall	1933
not issue any bonds or otherwise participate in any project	1934
authorized by this chapter or Chapter 6123. of the Revised Code	1935
unless the contract, resolution, or other written document setting	1936
forth the board's participation specifies that all wages paid to	1937
laborers and mechanics employed on the projects shall be paid at	1938
the prevailing rates of wages of laborers and mechanics for the	1939
class of work called for by the project, which wages shall be	1940
determined in accordance with the requirements of Chapter 4115. of	1941
the Revised Code for determination of prevailing wage rates,	1942
provided that the requirements of this section do not apply to	1943
loans made to boards of county commissioners under division (V) of	1944
section 6121.04 of the Revised Code or where the federal	1945
government or any of its agencies furnishes by loan or grant all	1946
or any part of the funds used in connection with the project and	1947
prescribes predetermined minimum wages to be paid to the laborers	1948
and mechanics, and provided that if a non-public user beneficiary	1949
of the project undertakes, as part of the project, construction to	1950
be performed by its regular bargaining unit employees who are	1951
covered under a collective bargaining agreement that was in	1952
existence prior to the date of the commitment instrument setting	1953
forth the board's participation, the rate of pay provided under	1954
the collective bargaining agreement may be paid to those	1955
employees.	1956

Section 2.  That existing sections 164.07, 307.022, 307.671,	1957
307.673, 307.674, 307.696, 351.06, 1506.44, 1710.02, 4115.03,	1958
4115.034, 4115.04, 4115.06, 4115.09, 4115.10, 4115.133, 5540.03,	1959
6117.012, and 6121.061 of the Revised Code are hereby repealed.	1960

Section 3.  The amendments by Section 1 of this act of	1961
sections 164.07, 307.022, 307.671, 307.673, 307.674, 307.696,	1962
351.06, 1506.44, 1710.02, 4115.03, 4115.034, 4115.04, 4115.06,	1963
4115.09, 4115.10, 4115.133, 5540.03, 6117.012, and 6121.061 of the	1964
Revised Code, with respect to the application of sections 4115.03	1965
to 4115.16 of the Revised Code, do apply to contracts governed by	1966
this act that are entered into before the effective date of this	1967
act.	1968