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 |