Cosponsors:
Senators Sawyer, Burke, Cafaro, Hite, Kearney, Oelslager, Patton, Smith, Uecker
Representatives Amstutz, Anielski, Baker, Barborak, Brown, Burkley, Butler, Carney, Celebrezze, Cera, Green, Letson, Milkovich, O'Brien, Phillips, Pillich, Ruhl, Sears, Thompson, Winburn Speaker Batchelder
Sec. 120.521. (A) The state public defender shall establish | 14 |
a charitable, tax exempt foundation, named the Ohio legal | 15 |
assistance foundation, to actively solicit and accept gifts, | 16 |
bequests, donations, and contributions for use in providing | 17 |
financial assistance to legal aid societies, enhancing or | 18 |
improving the delivery of civil legal services to indigents, and | 19 |
operating the foundation. The Ohio legal assistance foundation | 20 |
shall deposit all gifts, bequests, donations, and contributions | 21 |
accepted by it into the legal assistance foundation fund | 22 |
established under this section. If the state public defender, | 23 |
pursuant to section 120.52 of the Revised Code as it existed prior | 24 |
to the effective date of this sectionJune 30, 1995, established a | 25 |
charitable, tax exempt foundation named the Ohio legal assistance | 26 |
foundation and if that foundation is in existence on the day | 27 |
before
the effective date of this sectionJune 30, 1995, that | 28 |
foundation shall continue in existence and shall serve as the Ohio | 29 |
legal assistance foundation described in this section. | 30 |
There is hereby established the legal assistance foundation | 31 |
fund, which shall be under the custody and control of the Ohio | 32 |
legal assistance foundation. The fund shall contain all moneys | 33 |
distributed to the Ohio legal assistance foundation pursuant to | 34 |
section 120.53 of the Revised Code and all gifts, bequests, | 35 |
donations, and contributions accepted by the Ohio legal assistance | 36 |
foundation under this section. | 37 |
The Ohio legal assistance foundation shall distribute or use | 38 |
all moneys in the legal assistance foundation fund for the | 39 |
charitable public purpose of providing financial assistance to | 40 |
legal aid societies that provide civil legal services to | 41 |
indigents, enhancing or improving the delivery of civil legal | 42 |
services to indigents, and operating the foundation. The Ohio | 43 |
legal assistance foundation shall establish rules governing the | 44 |
administration of the legal assistance foundation fund. | 45 |
The Ohio legal assistance foundation shall include, in the | 46 |
annual report it is required to make to the governor, the general | 47 |
assembly, and the supreme court pursuant to division (G)(2) of | 48 |
section 120.53 of the Revised Code, an audited financial statement | 49 |
on the distribution and use of the legal assistance foundation | 50 |
fund. No information contained in the statement shall identify or | 51 |
enable the identification of any person served by a legal aid | 52 |
society or in any way breach confidentiality. | 53 |
(B) A foundation is tax exempt for purposes of this section | 58 |
if the foundation is exempt from federal income taxation under | 59 |
subsection 501(a) of the "Internal Revenue Code of 1986," 100 | 60 |
Stat. 2085, 26 U.S.C. 501(a), as amended, and if the foundation | 61 |
has received from the internal revenue service a determination | 62 |
letter that is in effect stating that the foundation is exempt | 63 |
from federal income taxation under that subsection. | 64 |
Sec. 307.933. (A) A corrections commission formed under | 65 |
section 307.93 of the Revised Code may issue securities of the | 66 |
commission, in an amount determined by the commission, to pay for | 67 |
all or part of the cost of the acquisition, construction, | 68 |
enlargement, modification, or repair of any improvements for a | 69 |
multicounty, municipal-county, or multicounty-municipal | 70 |
correctional center that is provided for in section 307.93 of the | 71 |
Revised Code and for which a county may issue securities under | 72 |
section 133.15 of the Revised Code. | 73 |
(C) Securities issued under this section, including | 79 |
securities issued to fund or refund securities issued under this | 80 |
section and securities issued in anticipation of the proceeds of | 81 |
the securities to be issued under this section, shall be subject | 82 |
to the maximum maturity requirements provided in division (B) or | 83 |
(C) of section 133.20 of the Revised Code. The fiscal agent of the | 84 |
commission shall serve as its fiscal officer for purposes of | 85 |
division (C) of section 133.20 of the Revised Code. | 86 |
(D) The securities issued under this section shall not | 87 |
constitute general obligations of the commission or a county or | 88 |
municipal corporation that has contracted for the creation of a | 89 |
center, and the general credit or taxing power of a contracting | 90 |
county or municipal corporation shall not be pledged for payment | 91 |
of any part of the principal of or interest on these securities. | 92 |
The holder or owner of securities issued under this section shall | 93 |
have no right to have money raised by taxation by a county or | 94 |
municipal corporation that has contracted for the creation of a | 95 |
center obligated or pledged, and money so raised shall not be | 96 |
obligated or pledged, for the payment of principal or interest on | 97 |
such securities. The securities under this section shall not | 98 |
constitute debt of the commission or a county or municipal | 99 |
corporation that has contracted for the creation of a center. | 100 |
Money received by the commission from a county or municipal | 101 |
corporation pursuant to section 307.93 of the Revised Code shall | 102 |
not be considered money raised by taxation. | 103 |
(2) A statement that the commission pledges to fix rates or | 116 |
charges for the services of the center and payments under the | 117 |
contract between or among participating counties or municipal | 118 |
corporations sufficient to provide adequate funds and reserves to | 119 |
pay the debt incurred by the issuance of the securities, after | 120 |
payment of the cost of management, maintenance, and operation of | 121 |
the center or other correctional facilities under the commission's | 122 |
control. | 123 |
(I) A corrections commission who issues securities under this | 171 |
section may appoint or provide for the appointment of agents, | 172 |
consultants, independent contractors, or any other type of | 173 |
administrative, investment, financial, or accounting experts as | 174 |
are necessary, in the judgment of the commission, to carry out the | 175 |
commission's duties under this section. | 176 |
(K) A pledge under this section shall be valid and binding | 180 |
from the time the pledge is made. The revenues so pledged, and | 181 |
thereafter received by the commission, shall immediately be | 182 |
subject to the lien of such pledge without any physical delivery | 183 |
thereof or further act. The lien of any such pledge is valid and | 184 |
binding as against all parties having claims of any kind in tort, | 185 |
contract, or otherwise against the commission or a contracting | 186 |
county or municipal corporation, irrespective of whether such | 187 |
parties have notice thereof. The resolution by which a pledge is | 188 |
created need not be filed or recorded except in the records of the | 189 |
commission. Neither the members of the commission nor any person | 190 |
executing the securities shall be liable personally on the | 191 |
securities or be subject to any personal liability or | 192 |
accountability by reason of the issuance thereof. | 193 |