To amend sections 111.15, 119.01, 122.011, 123.15, 125.023, 125.101, 125.81, 126.03, 126.14, 127.14, 127.16, 133.04, 133.06, 153.01, 153.04, 153.05, 153.06, 153.07, 153.08, 153.09, 153.10, 153.11, 153.12, 153.17, 153.32, 153.33, 153.34, 153.50, 153.571, 153.62, 156.03, 163.01, 166.03, 166.07, 351.01, 351.03, 351.141, 901.82, 901.83, 3315.01, 3316.03, 3317.0212, 3317.03, 3318.03, 3318.04, 3318.12, 3318.15, 3318.25, 3333.071, 3345.50, 3379.10, 5119.16, and 5739.024; to amend, for the purpose of adopting a new section number as indicated in parentheses, section 125.101 (153.16); to enact sections 121.372, 126.15, 3318.11, and 5120.135; and to repeal section 3345.51 of the Revised Code and to amend Sections 20, 29, 40, and 112 of Am. Sub. H.B. 215 of the 122nd General Assembly; to amend Section 190 of Am. Sub. H.B. 215 of the 122nd General Assembly, as amended by Am. Sub. H.B. 770 of the 122nd General Assembly; to amend Section 18 of Am. Sub. H.B. 650 of the 122nd General Assembly, as amended by Am. Sub. H.B. 770 of the 122nd General Assembly; to amend Sections 7, 10, 11, 21.12, 25, and 30.21 of Am. Sub. S.B. 230 of the 122nd General Assembly; and to repeal Section 190 of Am. Sub. H.B. 215 of the 122nd General Assembly to make capital appropriations for the biennium ending June 30, 2000; and to provide authorization and conditions for the operation of state programs.

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

Sec. 111.15. (A) As used in this section:

(1) "Rule" includes any rule, regulation, bylaw, or standard having a general and uniform operation adopted by an agency under the authority of the laws governing the agency; any appendix to a rule; and any internal management rule. "Rule" does not include any guideline adopted pursuant to section 3301.0714 of the Revised Code, any order respecting the duties of employees, any finding, any determination of a question of law or fact in a matter presented to an agency, or any rule promulgated pursuant to Chapter 119., section 4141.14, division (C)(1) or (2) of section 5117.02, or section 5703.14 of the Revised Code. "Rule" includes any amendment or rescission of a rule.

(2) "Agency" means any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the general assembly, THE CONTROLLING BOARD, the adjutant general's department, or any court.

(3) "Internal management rule" means any rule, regulation, bylaw, or standard governing the day-to-day staff procedures and operations within an agency.

(4) "Substantive revision" has the same meaning as in division (J) of section 119.01 of the Revised Code.

(B)(1) Any rule, other than a rule of an emergency nature, adopted by any agency pursuant to this section shall be effective on the tenth day after the day on which the rule in final form and in compliance with division (B)(3) of this section is filed as follows:

(a) Two certified copies of the rule shall be filed with both the secretary of state and the director of the legislative service commission;

(b) Two certified copies of the rule shall be filed with the joint committee on agency rule review. Division (B)(1)(b) of this section does not apply to any rule to which division (D) of this section does not apply.

An agency that adopts or amends a rule that is subject to division (D) of this section shall assign a review date to the rule that is not later than five years after its effective date. If no review date is assigned to a rule, or if a review date assigned to a rule exceeds the five-year maximum, the review date for the rule is five years after its effective date. A rule with a review date is subject to review under section 119.032 of the Revised Code. This paragraph does not apply to a rule of a state college or university, community college district, technical college district, or state community college.

If all copies are not filed on the same day, the rule shall be effective on the tenth day after the day on which the latest filing is made. If an agency in adopting a rule designates an effective date that is later than the effective date provided for by division (B)(1) of this section, the rule if filed as required by such division shall become effective on the later date designated by the agency.

Any rule that is required to be filed under division (B)(1) of this section is also subject to division (D) of this section if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or (8) of this section.

(2) A rule of an emergency nature necessary for the immediate preservation of the public peace, health, or safety shall state the reasons for the necessity. Copies of the emergency rule, in final form and in compliance with division (B)(3) of this section, shall be filed as follows: two certified copies of the emergency rule shall be filed with both the secretary of state and the director of the legislative service commission, and one certified copy of the emergency rule shall be filed with the joint committee on agency rule review. The emergency rule is effective immediately upon the latest filing, except that if the agency in adopting the emergency rule designates an effective date, or date and time of day, that is later than the effective date and time provided for by division (B)(2) of this section, the emergency rule if filed as required by such division shall become effective at the later date, or later date and time of day, designated by the agency.

An emergency rule becomes invalid at the end of the ninetieth day it is in effect. Prior to that date, the agency may file the emergency rule as a nonemergency rule in compliance with division (B)(1) of this section. The agency may not refile the emergency rule in compliance with division (B)(2) of this section so that, upon the emergency rule becoming invalid under such division, the emergency rule will continue in effect without interruption for another ninety-day period.

(3) An agency shall file a rule under division (B)(1) or (2) of this section in compliance with the following standards and procedures:

(a) The rule shall be numbered in accordance with the numbering system devised by the director for the Ohio administrative code.

(b) The rule shall be prepared and submitted in compliance with the rules of the legislative service commission.

(c) The rule shall clearly state the date on which it is to be effective and the date on which it will expire, if known.

(d) Each rule that amends or rescinds another rule shall clearly refer to the rule that is amended or rescinded. Each amendment shall fully restate the rule as amended.

If the director of the legislative service commission or the director's designee gives an agency written notice pursuant to section 103.05 of the Revised Code that a rule filed by the agency is not in compliance with the rules of the legislative service commission, the agency shall within thirty days after receipt of the notice conform the rule to the rules of the commission as directed in the notice.

(C) All rules filed pursuant to divisions (B)(1)(a) and (2) of this section shall be recorded by the secretary of state and the director under the title of the agency adopting the rule and shall be numbered according to the numbering system devised by the director. The secretary of state and the director shall preserve the rules in an accessible manner. Each such rule shall be a public record open to public inspection and may be lent to any law publishing company that wishes to reproduce it.

(D) At least sixty days before a board, commission, department, division, or bureau of the government of the state files a rule under division (B)(1) of this section, it shall file two copies of the full text of the proposed rule with the joint committee on agency rule review, and the proposed rule is subject to legislative review and invalidation under division (I) of section 119.03 of the Revised Code. If a state board, commission, department, division, or bureau makes a substantive revision in a proposed rule after it is filed with the joint committee, the state board, commission, department, division, or bureau shall promptly file two copies of the full text of the proposed rule in its revised form with the joint committee. The latest version of a proposed rule as filed with the joint committee supersedes each earlier version of the text of the same proposed rule. Except as provided in division (F) of this section, a state board, commission, department, division, or bureau shall attach one copy of the rule summary and fiscal analysis prepared under section 121.24 or 127.18 of the Revised Code, or both, to each copy of a proposed rule, and to each copy of a proposed rule in revised form, that is filed under this division.

As used in this division, "commission" includes the public utilities commission when adopting rules under a federal or state statute.

This division does not apply to any of the following:

(1) A proposed rule of an emergency nature;

(2) A rule proposed under section 1121.05, 1121.06, 1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised Code;

(3) A rule proposed by an agency other than a board, commission, department, division, or bureau of the government of the state;

(4) A proposed internal management rule of a board, commission, department, division, or bureau of the government of the state;

(5) Any proposed rule that must be adopted verbatim by an agency pursuant to federal law or rule, to become effective within sixty days of adoption, in order to continue the operation of a federally reimbursed program in this state, so long as the proposed rule contains both of the following:

(a) A statement that it is proposed for the purpose of complying with a federal law or rule;

(b) A citation to the federal law or rule that requires verbatim compliance.

(6) An initial rule proposed by the director of health to impose safety standards, quality-of-care standards, and quality-of-care data reporting requirements with respect to a health service specified in section 3702.11 of the Revised Code, or an initial rule proposed by the director to impose quality standards on a facility listed in division (A)(4) of section 3702.30 of the Revised Code, if section 3702.12 of the Revised Code requires that the rule be adopted under this section;

(7) A rule of the state lottery commission pertaining to instant game rules.

(E) Whenever a state board, commission, department, division, or bureau files a proposed rule or a proposed rule in revised form under division (D) of this section, it shall also file one copy of the full text of the same proposed rule or proposed rule in revised form with the secretary of state and two copies thereof with the director of the legislative service commission. Except as provided in division (F) of this section, a state board, commission, department, division, or bureau shall attach a copy of the rule summary and fiscal analysis prepared under section 121.24 or 127.18 of the Revised Code, or both, to each copy of a proposed rule or proposed rule in revised form that is filed with the secretary of state or the director of the legislative service commission.

(F) Except as otherwise provided in this division, the auditor of state or the auditor of state's designee is not required to attach a rule summary and fiscal analysis to any copy of a proposed rule, or proposed rule in revised form, that the auditor of state proposes under section 117.12, 117.19, 117.38, or 117.43 of the Revised Code and files under division (D) or (E) of this section. If, however, the auditor of state or the designee prepares a rule summary and fiscal analysis of the original version of such a proposed rule for purposes of complying with section 121.24 of the Revised Code, the auditor of state or designee shall attach a copy of the rule summary and fiscal analysis to each copy of the original version of the proposed rule filed under division (D) or (E) of this section.

Sec. 119.01. As used in sections 119.01 to 119.13 of the Revised Code:

(A) "Agency" means, except as limited by this division, any official, board, or commission having authority to promulgate rules or make adjudications in the bureau of employment services, the civil service commission, the department or, on and after July 1, 1997, the division of liquor control, the department of taxation, the industrial commission, the bureau of workers' compensation, the functions of any administrative or executive officer, department, division, bureau, board, or commission of the government of the state specifically made subject to sections 119.01 to 119.13 of the Revised Code, and the licensing functions of any administrative or executive officer, department, division, bureau, board, or commission of the government of the state having the authority or responsibility of issuing, suspending, revoking, or canceling licenses.

Except as otherwise provided in division (I) of this section, sections 119.01 to 119.13 of the Revised Code do not apply to the public utilities commission. Sections 119.01 to 119.13 of the Revised Code do not apply to the utility radiological safety board,; TO THE CONTROLLING BOARD; to actions of the superintendent of financial institutions and the superintendent of insurance in the taking possession of, and rehabilitation or liquidation of, the business and property of banks, savings and loan associations, savings banks, credit unions, insurance companies, associations, reciprocal fraternal benefit societies, and bond investment companies,; or to any action that may be taken by the superintendent of financial institutions under section 1113.03, 1121.05, 1121.06, 1121.10, 1125.09, 1125.12, 1125.18, 1155.18, 1157.01, 1157.02, 1157.10, 1163.22, 1165.01, 1165.02, 1165.10, 1733.35, 1733.361, 1733.37, 1733.412, or 1761.03 of the Revised Code.

Sections 119.01 to 119.13 of the Revised Code do not apply to actions of the industrial commission or the bureau of workers' compensation under sections 4123.01 to 4123.94 of the Revised Code with respect to all matters of adjudication, and to the actions of the industrial commission and bureau of workers' compensation under division (D) of section 4121.32 and sections 4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 4123.411, 4123.44, 4123.442, and divisions (B), (C), and (E) of section 4131.14 of the Revised Code.

Sections 119.01 to 119.13 of the Revised Code do not apply to actions of the bureau of employment services, except those relating to all of the following:

(1) The adoption, amendment, or rescission of rules;

(2) The issuance, suspension, revocation, or cancellation of licenses;

(3) Any hearing held pursuant to sections 4115.03 to 4115.16 of the Revised Code or Chapter 4109. or 4111. of the Revised Code.

(B) "License" means any license, permit, certificate, commission, or charter issued by any agency. "License" does not include any arrangement whereby a person, institution, or entity furnishes medicaid services under a provider agreement with the department of human services pursuant to Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.

(C) "Rule" means any rule, regulation, or standard, having a general and uniform operation, adopted, promulgated, and enforced by any agency under the authority of the laws governing such agency, and includes any appendix to a rule. "Rule" does not include any internal management rule of an agency unless the internal management rule affects private rights and does not include any guideline adopted pursuant to section 3301.0714 of the Revised Code.

(D) "Adjudication" means the determination by the highest or ultimate authority of an agency of the rights, duties, privileges, benefits, or legal relationships of a specified person, but does not include the issuance of a license in response to an application with respect to which no question is raised, nor other acts of a ministerial nature.

(E) "Hearing" means a public hearing by any agency in compliance with procedural safeguards afforded by sections 119.01 to 119.13 of the Revised Code.

(F) "Person" means a person, firm, corporation, association, or partnership.

(G) "Party" means the person whose interests are the subject of an adjudication by an agency.

(H) "Appeal" means the procedure by which a person, aggrieved by a finding, decision, order, or adjudication of any agency, invokes the jurisdiction of a court.

(I) "Rule-making agency" means any board, commission, department, division, or bureau of the government of the state that is required to file proposed rules, amendments, or rescissions under division (D) of section 111.15 of the Revised Code and any agency that is required to file proposed rules, amendments, or rescissions under divisions (B) and (H) of section 119.03 of the Revised Code. "Rule-making agency" includes the public utilities commission. "Rule-making agency" does not include any state-supported college or university.

(J) "Substantive revision" means any addition to, elimination from, or other change in a rule, an amendment of a rule, or a rescission of a rule, whether of a substantive or procedural nature, that changes any of the following:

(1) That which the rule, amendment, or rescission permits, authorizes, regulates, requires, prohibits, penalizes, rewards, or otherwise affects;

(2) The scope or application of the rule, amendment, or rescission.

(K) "Internal management rule" means any rule, regulation, or standard governing the day-to-day staff procedures and operations within an agency.

Sec. 121.372. (A) AS USED IN THIS SECTION:

(1) "DEPARTMENT" INCLUDES THE STATE BOARD OF EDUCATION.

(2)(a) "SUBSTITUTE CARE PROVIDER" MEANS A PERSON OR GOVERNMENT ENTITY THAT MUST MEET CERTIFICATION OR LICENSURE STANDARDS ESTABLISHED BY RULES ADOPTED BY A DEPARTMENT REPRESENTED ON THE OHIO FAMILY AND CHILDREN FIRST CABINET COUNCIL FOR THE PROVISION OF OUT-OF-HOME CARE TO A MINOR IN THE PLACE OF THE MINOR'S PARENT OR GUARDIAN. "SUBSTITUTE CARE PROVIDER" INCLUDES ALL OF THE FOLLOWING:

(i) AN ALCOHOL AND DRUG ADDICTION PROGRAM SUBJECT TO CERTIFICATION UNDER SECTION 3793.06 OF THE REVISED CODE;

(ii) AN INSTITUTION OR ASSOCIATION SUBJECT TO CERTIFICATION UNDER SECTION 5103.03 OF THE REVISED CODE;

(iii) A CRISIS NURSERY SUBJECT TO LICENSURE UNDER SECTION 5103.031 OF THE REVISED CODE;

(iv) A HOSPITAL TREATING MENTALLY ILL PERSONS SUBJECT TO LICENSURE UNDER SECTION 5119.20 OF THE REVISED CODE;

(v) A RESIDENTIAL FACILITY SUBJECT TO LICENSURE UNDER SECTION 5119.22 OF THE REVISED CODE;

(vi) A COMMUNITY MENTAL HEALTH PROGRAM, AGENCY, OR FACILITY SUBJECT TO CERTIFICATION UNDER DIVISION (M) OF SECTION 5119.61 OF THE REVISED CODE;

(vii) A HABILITATION CENTER SUBJECT TO CERTIFICATION UNDER SECTION 5123.041 OF THE REVISED CODE;

(viii) A RESIDENTIAL FACILITY SUBJECT TO LICENSURE UNDER SECTION 5123.19 OF THE REVISED CODE;

(ix) A RESPITE CARE HOME SUBJECT TO CERTIFICATION UNDER DIVISION (A)(9) OF SECTION 5126.05 OF THE REVISED CODE.

(b) "SUBSTITUTE CARE PROVIDER" DOES NOT MEAN ANY OF THE FOLLOWING:

(i) A PRESCHOOL PROGRAM OR SCHOOL CHILD PROGRAM, AS DEFINED IN SECTION 3301.52 OF THE REVISED CODE;

(ii) A CHILD DAY-CARE CENTER, TYPE A FAMILY DAY-CARE HOME, OR TYPE B FAMILY DAY-CARE HOME, AS DEFINED IN SECTION 5104.01 OF THE REVISED CODE;

(iii) AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED, AS DEFINED IN SECTION 5111.20 OF THE REVISED CODE;

(iv) ANY OTHER PERSON OR GOVERNMENT ENTITY THE OHIO FAMILY AND CHILDREN FIRST CABINET COUNCIL DOES NOT CONSIDER TO BE A SUBSTITUTE CARE PROVIDER.

(B) NOT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE MEMBERS OF THE OHIO FAMILY AND CHILDREN FIRST CABINET COUNCIL, OTHER THAN THE DIRECTOR OF BUDGET AND MANAGEMENT, SHALL ENTER INTO AN AGREEMENT TO ESTABLISH AN OFFICE TO PERFORM THE DUTIES PRESCRIBED BY DIVISION (C) OF THIS SECTION. THE AGREEMENT SHALL SPECIFY ONE OF THE DEPARTMENTS REPRESENTED ON THE COUNCIL AS THE DEPARTMENT RESPONSIBLE FOR HOUSING AND SUPERVISING THE OFFICE. THE AGREEMENT SHALL INCLUDE THE RECOMMENDATION OF THE COUNCIL FOR FUNDING THE OFFICE.

(C) THE OFFICE ESTABLISHED PURSUANT TO THE AGREEMENT ENTERED INTO UNDER THIS SECTION SHALL REVIEW RULES GOVERNING THE CERTIFICATION AND LICENSURE OF SUBSTITUTE CARE PROVIDERS AND DETERMINE WHICH OF THE RULES CAN BE MADE SUBSTANTIVELY IDENTICAL OR MORE SIMILAR IN ORDER TO MINIMIZE THE NUMBER OF DIFFERING CERTIFICATION AND LICENSURE STANDARDS AND SIMPLIFY THE CERTIFICATION OR LICENSURE PROCESS FOR SUBSTITUTE CARE PROVIDERS SEEKING CERTIFICATION OR LICENSURE FROM TWO OR MORE OF THE DEPARTMENTS REPRESENTED ON THE COUNCIL. THE OFFICE SHALL REPORT ITS FINDINGS TO THE COUNCIL. EACH OF THE DEPARTMENTS REPRESENTED ON THE COUNCIL THAT HAS ADOPTED RULES GOVERNING THE CERTIFICATION OR LICENSURE OF SUBSTITUTE CARE PROVIDERS SHALL AMEND THE RULES AS NECESSARY TO IMPLEMENT THE OFFICE'S DETERMINATIONS, EXCEPT THAT NO RULE SHALL BE AMENDED SO AS TO MAKE IT INCONSISTENT WITH SUBSTITUTE CARE PROVIDER CERTIFICATION OR LICENSURE PROCEDURES AND STANDARDS ESTABLISHED BY FEDERAL OR STATE LAW. IN AMENDING A RULE, A DEPARTMENT SHALL COMPLY WITH CHAPTER 119. OR SECTION 111.15 OF THE REVISED CODE, AS REQUIRED BY THE REVISED CODE SECTION GOVERNING THE ADOPTION OF THE PARTICULAR RULE.

(D) IN ACCORDANCE WITH SECTION 124.27 OF THE REVISED CODE, THE COUNCIL SHALL SELECT A COORDINATOR TO OVERSEE THE OFFICE ESTABLISHED PURSUANT TO THE AGREEMENT ENTERED INTO UNDER THIS SECTION. THE COORDINATOR SHALL BE IN THE CLASSIFIED SERVICE. IN ADDITION TO OVERSEEING THE OFFICE, THE COORDINATOR SHALL PERFORM ANY OTHER DUTIES THE COUNCIL ASSIGNS TO THE COORDINATOR.

Sec. 122.011. (A) The department of development shall develop and promote plans and programs designed to assure that state resources are efficiently used, economic growth is properly balanced, community growth is developed in an orderly manner, and local governments are coordinated with each other and the state, and for such THOSE purposes may do all of the following:

(1) Serve as a clearinghouse for information, data, and other materials that may be helpful or necessary to persons or local governments, as provided in section 122.07 of the Revised Code;

(2) Prepare and activate plans for the retention, development, expansion, and use of the resources and commerce of the state, as provided in section 122.04 of the Revised Code;

(3) Assist and cooperate with federal, state, and local governments and agencies of federal, state, and local governments in the coordination of programs to carry out the functions and duties of the department;

(4) Encourage and foster research and development activities, conduct studies related to the solution of community problems, and develop recommendations for administrative or legislative actions, as provided in section 122.03 of the Revised Code;

(5) Serve as the economic and community development planning agency, which shall prepare and recommend plans and programs for the orderly growth and development of this state and which shall provide planning assistance, as provided in section 122.06 of the Revised Code;

(6) Cooperate with and provide technical assistance to state departments, political subdivisions, regional and local planning commissions, tourist associations, councils of government, community development groups, community action agencies, and other appropriate organizations for carrying out the functions and duties of the department or for the solution of community problems.;

(7) Coordinate the activities of state agencies that have an impact on carrying out the functions and duties of the department;

(8) Encourage and assist the efforts of and cooperate with local governments to develop mutual and cooperative solutions to their common problems that relate to carrying out the purposes of this section;

(9) Study existing structure, operations, AND financing of regional or local government and those state activities that involve significant relations with regional or local governmental units, recommend to the governor and to the general assembly such changes in these provisions and activities as THAT will improve the operations of regional or local government, and conduct other studies of legal provisions that affect problems related to carrying out the purposes of this section;

(10) Appoint, with the approval of the governor, technical and other advisory councils as it considers appropriate, as provided in section 122.09 of the Revised Code;

(11) Create and operate a division of community development to develop and administer programs and activities that are authorized by federal statute or the Revised Code;

(12) Until June 30, 1999, review, analyze, and summarize applications and information regarding the family farm loan program forwarded to the department by a financial institution pursuant to section 901.81 of the Revised Code, and forward the applications, information, analyses, and summaries to the director of agriculture;

(13) Until June 30, 1999, establish fees and charges, in consultation with the director of agriculture, for purchasing loans from financial institutions and providing loan guarantees under the family farm loan program created under sections 901.80 to 901.83 of the Revised Code;

(14) Provide loan servicing for the loans purchased and loan guarantees provided under section 901.80 of the Revised Code as such THAT section existed prior to June 30, 1999;

(15) Until June 30, 1999, and upon approval by the controlling board, THE DIRECTOR OF BUDGET AND MANAGEMENT, OR THE DIRECTOR'S DESIGNEE under division (A)(3) of section 901.82 of the Revised Code of the release of money to be used for purchasing a loan or providing a loan guarantee, request the release of such THE money in accordance with division (B) of section 166.03 of the Revised Code for use for the purposes of the fund created by section 166.031 of the Revised Code.

(B) The department, by rule, shall establish criteria defining nonprofit corporations that are eligible for appointment as qualified agents pursuant to sections 135.81 to 135.88 of the Revised Code. The criteria shall require that a corporation be organized pursuant to Chapter 1702. of the Revised Code and have as its primary purpose the promotion of economic development or the creation or retention of jobs and job opportunities. The criteria may include a specification as to the professional qualifications of the corporation employees, a minimum elapsed period of time since the corporation was organized, current and former activities of the corporation, and such other criteria reasonably related to the foregoing that relate to the ability of the corporation to act as a qualified agent for the purposes of sections 135.51 to 135.88 of the Revised Code.

(C) The director of development may request the attorney general to, and the attorney general, in accordance with section 109.02 of the Revised Code, shall bring a civil action in any court of competent jurisdiction. The director may be sued in the director's official capacity, in connection with this chapter, in accordance with Chapter 2743. of the Revised Code.

Sec. 123.15. The director of administrative services may enter into contracts with proper persons for the performance of labor, the furnishing of materials, or the construction of any structures and buildings necessary to the maintenance, control, and management of the public works of the state, or any part thereof.

The director shall require bonds of not less than one half of the contract price from said contractors, payable to the state and conditioned on the faithful performance of said contract.

Except in cases of extreme public exigency or emergency, and when the cost of any proposed improvement or repair exceeds five hundred FIFTY THOUSAND dollars, the director shall give notice in a newspaper of general circulation in or contiguous to the county where the contract is to be let and where the work is to be done, and he THE DIRECTOR may also advertise in such trade journals as will afford full information to the public of the terms of the contract and the nature of the work to be performed and the character of materials required, together with the time of the letting and place and manner of receiving proposals BIDS.

Such contracts shall be awarded to the lowest responsive and responsible bidder in accordance with section 9.312 of the Revised Code, shall be in writing, and shall contain specific prices for each kind of work to be performed and for materials to be furnished by the parties.

Sec. 125.023. During the period of an emergency as defined in section 5502.21 of the Revised Code, the department of administrative services may suspend, with regard to the emergency management agency established in section 5502.22 of the Revised Code OR ANY OTHER STATE AGENCY PARTICIPATING IN RECOVERY ACTIVITIES AS DEFINED IN SECTION 5502.21 of the Revised Code, the purchasing and contracting requirements contained in sections 125.02 to 125.111 of the Revised Code AND ANY OF THE REQUIREMENTS OF CHAPTER 153. of the Revised Code that otherwise would apply to the agency. The director of public safety or the deputy director of the emergency management agency shall make the request for the suspension of the purchasing and contracting THESE requirements to the department of administrative services concurrently with the request to the governor or the president of the United States for the declaration of an emergency. The governor also shall include in any proclamation he THE GOVERNOR issues declaring an emergency language requesting the suspension of those requirements during the period of the emergency.

Sec. 125.81. The department of administrative services shall:

(A) Analyze and inspect continuously the utilization of all structures and real estate owned by the state or used by its agencies; and analyze and inspect continuously the condition of all such properties and their adequacy for the operations for which they are used.

(B) Promulgate standards relating to the type of architecture, plan of, and utilization of buildings and other structures and public improvements. Such standards shall be adhered to by the office of budget and management in examination of budget requests. Such standards shall be made known to all departments, institutions, universities, offices and other agencies and bodies of the state, for their guidance in preparation of requests and recommendations relative to new buildings, new structures, or other public improvements. Before promulgating such standards, the department of administrative services shall hold public hearings on all proposed standards. Reasonable public notice shall be given at least thirty days prior to the date set for a hearing.

NOTHING IN THIS SECTION SHALL INTERFERE WITH THE DIRECTOR OF TRANSPORTATION'S POWER TO PREPARE PLANS FOR, ACQUIRE RIGHTS-OF-WAY FOR, CONSTRUCT, OR MAINTAIN TRANSPORTATION FACILITIES, OR TO LET CONTRACTS FOR THOSE PURPOSES.

Sec. 126.03. (A) The director of budget and management shall:

(A)(1) Prepare BIENNIALLY a capital plan that contains AND, WITH THE CONCURRENCE OF THE GOVERNOR, SUBMIT IT TO THE GENERAL ASSEMBLY. THE CAPITAL PLAN SHALL CONTAIN recommendations as to the acquisition of real estate and the construction of all public improvements. The capital plan shall extend through a period of at least six years in the future and shall identify the projects which should be undertaken in each fiscal year BIENNIUM of the period through which the plan extends, together with estimated costs of all such recommended projects.

(B)(2) Require biennially, from the chief administrative authorities of affected state agencies, their recommendations as to the acquisition of real estate and construction of public improvements which will be needed through a period of at least six years in the future, together with a description of each proposed public improvement and the estimated capacity of the improvement in terms of its proposed use, a demonstration of the need for the real estate or public improvement, the benefits in governmental operations expected to result from the acquisition or construction, the state agencies which will occupy or control the real estate or improvement, and the location of the real estate or public improvement. The director shall evaluate such recommended projects as to their validity and as to the comparative degree of need among them; notify the chief administrative authorities of the recommending agencies of the action taken on each such recommendation; and consult with and seek the recommendations of the chief administrative authorities of the affected agencies on all projects being considered for inclusion in the capital plan, whether originally proposed by the director of budget and management or by a state agency.

(C) Prepare (3) AT THE REQUEST AND WITH THE CONCURRENCE OF THE GOVERNOR, PREPARE and recommend, subject to the concurrence of the governor, to the general assembly, on or before the first day of April in each even-numbered year of the regular session of the general assembly, a new BIENNIAL capital plan, which shall be a revised version of the capital plan which was in operation through the period since the last preceding regular legislative session. The new capital plan shall include a detailed progress report on the execution of capital improvements, BUDGET THAT INCLUDES the recommendations of the director of budget and management as to projects to be undertaken OR REVISED during the forthcoming fiscal biennium and succeeding fiscal years, and such other revisions as to projects or their proper sequence as the director recommends FOLLOWING THE LATEST BIENNIUM FOR WHICH A CAPITAL APPROPRIATIONS ACT WAS ENACTED. The capital plan BUDGET shall include all projects which the director considers to be necessary and feasible, whether originally proposed by him THE DIRECTOR or by a state agency.

(D) Examine all plans, estimates of cost, and other data which may be required, pertaining to each public improvement or purchase of real estate, and determine whether the plans, estimates of cost, and other data conform to the capital plan, as required in section 153.04 of the Revised Code, and to the standards promulgated under the authority of division (B) of section 125.81 of the Revised Code.

Nothing in this section or section 125.81 of the Revised Code shall interfere with the power of the director of transportation in acquiring rights-of-way for the state highway system or in letting contracts for the construction or reconstruction of a highway.

(B) IN THE CAPITAL PLAN AND CAPITAL BUDGET PREPARED UNDER THIS SECTION, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL NOT PROVIDE FOR THE ACQUISITION OF RIGHTS-OF-WAY FOR, CONSTRUCTION OF, OR RECONSTRUCTION OF TRANSPORTATION FACILITIES BY THE DIRECTOR OF TRANSPORTATION, OTHER THAN TRANSPORTATION FACILITIES FINANCED BY THE OHIO BUILDING AUTHORITY. DIVISION (A)(2) OF THIS SECTION DOES NOT REQUIRE THE DIRECTOR OF TRANSPORTATION TO PROVIDE TO THE DIRECTOR OF BUDGET AND MANAGEMENT RECOMMENDATIONS FOR THE ACQUISITION OF RIGHTS-OF-WAY FOR, CONSTRUCTION OF, OR RECONSTRUCTION OF TRANSPORTATION FACILITIES, OTHER THAN TRANSPORTATION FACILITIES FINANCED BY THE OHIO BUILDING AUTHORITY.

Sec. 126.14. (A) The release of any money appropriated for the purchase of real estate shall be approved by the controlling board. The release of money appropriated for all other capital projects is also subject to the approval of the controlling board, except that the director of budget and management may approve the release of money appropriated for specific projects in accordance with the requirements of this section.

(B) Within sixty days after the effective date of any act appropriating money for capital projects, the director shall determine which appropriations are for general projects and which are for specific projects. Specific projects may include specific higher education projects that are to be funded from general purpose appropriations from the higher education improvement fund created in section 154.21 of the Revised Code. SPECIFIC PROJECTS ALSO MAY INCLUDE CAPITAL PROJECTS THAT ARE TO BE FUNDED FROM GENERAL PURPOSE APPROPRIATIONS FROM THE MENTAL HEALTH FACILITIES IMPROVEMENT FUND CREATED IN SECTION 154.20 of the Revised Code TO THE DEPARTMENT OF ALCOHOL AND DRUG ADDICTION SERVICES, DEPARTMENT OF MENTAL HEALTH, AND DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. Upon determining which projects are general and which are specific, the director shall submit to the controlling board a list that includes a brief description of and the estimated expenditures for each specific project. The

(C) THE release of money for any specific higher education projects that are to be funded from general purpose appropriations from the higher education improvement fund but AND that are not included on the list, and the release of money for any specific higher education projects included on the list that will exceed the estimated expenditures by more than ten per cent, are subject to the approval of the controlling board. The director may create new appropriation line items and make transfers of appropriations to them for specific higher education projects included on the list that are to be funded from general purpose appropriations for basic renovations that are made from the higher education improvement fund.

(D) THE RELEASE OF MONEY FOR ANY PROJECTS THAT ARE TO BE FUNDED FROM GENERAL PURPOSE APPROPRIATIONS FROM THE MENTAL HEALTH FACILITIES IMPROVEMENT FUND AND THAT ARE NOT INCLUDED ON THE LIST, AND THE RELEASE OF MONEY FOR ANY SPECIFIC PROJECTS FUNDED FROM THE MENTAL HEALTH FACILITIES IMPROVEMENT FUND THAT ARE ON THE LIST AND THAT WILL EXCEED THE ESTIMATED EXPENDITURES BY MORE THAN TEN PER CENT, ARE SUBJECT TO THE APPROVAL OF THE CONTROLLING BOARD.

Sec. 126.15. IF THE DIRECTOR OF BUDGET AND MANAGEMENT DETERMINES THAT ADJUSTMENTS TO THE CAPITAL OR OPERATING BUDGETS ARE REQUIRED BECAUSE OF THE REORGANIZATION OF ADMINISTRATIVE AGENCIES, THE TRANSFER OF PROGRAMS, THE CREATION OF NEW FUNDS, THE MODIFICATION OF CAPITAL PROJECTS, OR THE CONSOLIDATION OF FUNDS, AS AUTHORIZED BY AN ACT OF THE GENERAL ASSEMBLY, THE DIRECTOR MAY BOTH REQUIRE THE HEAD OF THE ADMINISTERING AGENCY TO CERTIFY THE ESTIMATED AMOUNT OF THE CASH BALANCE TO BE TRANSFERRED TO THE RECEIVING FUND AND TRANSFER THE ESTIMATED AMOUNT TO THE RECEIVING FUND WHEN NEEDED TO MAKE PAYMENT. NOT MORE THAN THIRTY DAYS AFTER CERTIFYING THE ESTIMATED AMOUNT, THE HEAD OF THE ADMINISTERING AGENCY SHALL CERTIFY TO THE DIRECTOR THE FINAL AMOUNT TO BE TRANSFERRED. THE DIRECTOR SHALL ADJUST THE AMOUNT TRANSFERRED TO REFLECT ANY DIFFERENCE BETWEEN THE ESTIMATED AMOUNT TRANSFERRED AND THE FINAL AMOUNT.

THE DIRECTOR OF BUDGET AND MANAGEMENT MAY CANCEL ENCUMBRANCES AND REESTABLISH ENCUMBRANCES OR PARTS OF ENCUMBRANCES AS NEEDED IN THE APPROPRIATE FUNDS AND APPROPRIATION ITEMS FOR THE SAME PURPOSES AND SAME VENDORS. THE DIRECTOR MAY TRANSFER APPROPRIATION AUTHORITY NECESSARY TO REESTABLISH SUCH ENCUMBRANCES IN A DIFFERENT FUND OR APPROPRIATION ITEM WITHIN AN AGENCY OR BETWEEN AGENCIES AS THE DIRECTOR DETERMINES NECESSARY. THE DIRECTOR SHALL REDUCE EACH OF THE APPROPRIATION BALANCES OF EACH FISCAL YEAR BY THE AMOUNT OF THE ENCUMBRANCES CANCELED IN THE RESPECTIVE FUNDS OR APPROPRIATION ITEMS.

THE DIRECTOR ALSO MAY TRANSFER ANY UNENCUMBERED OR UNALLOTTED BALANCES TO THE APPROPRIATE LINE ITEM TO BE USED FOR THE SAME PURPOSES.

Sec. 127.14. The controlling board may, at the request of any state agency or the director of budget and management, authorize, with respect to the provisions of any appropriation act:

(A) Transfers of all or part of an appropriation within but not between state agencies, except such transfers as the director of budget and management is authorized by law to make, provided that no transfer shall be made by the director for the purpose of effecting new or changed levels of program service not authorized by the general assembly;

(B) Transfers of all or part of an appropriation from one fiscal year to another;

(C) Transfers of all or part of an appropriation within or between state agencies made necessary by administrative reorganization or by the abolition of an agency or part of an agency;

(D) Transfers of all or part of cash balances in excess of needs from any fund of the state to the general revenue fund or to such other fund of the state to which the money would have been credited in the absence of the fund from which the transfers are authorized to be made, except that the controlling board may not authorize such transfers from the accrued leave liability fund, auto registration distribution fund, budget stabilization fund, development bond retirement fund, facilities establishment fund, gasoline excise tax fund, general revenue fund, higher education improvement fund, highway improvement bond retirement fund, highway obligations bond retirement fund, highways obligations construction fund, highway operating fund, horse racing tax fund, improvements bond retirement fund, library and local government support fund, liquor control fund, local government fund, local transportation improvement program fund, mental health facilities improvement fund, Ohio fairs fund, parks and recreation improvement fund, public improvements bond retirement fund, public school building fund, school district income tax fund, state agency facilities improvement fund, state and local government highway distribution fund, state highway safety fund, state lottery fund, undivided liquor permit fund, Vietnam conflict compensation bond retirement fund, volunteer fire fighters' dependents fund, waterways safety fund, wildlife fund, workers' compensation fund, or any fund not specified in this division that the director of budget and management determines to be a bond fund or bond retirement fund;

(E) Transfers of all or part of those appropriations included in the emergency purposes account of the controlling board;

(F) Temporary transfers of all or part of an appropriation or other moneys into and between existing funds, or new funds, as may be established by law when needed for capital outlays for which notes or bonds will be issued;

(G) Transfer or release of all or part of an appropriation to a state agency requiring controlling board approval of such transfer or release as provided by law;

(H) Temporary transfer of funds included in the emergency purposes appropriation of the controlling board. Such temporary transfers may be made subject to conditions specified by the controlling board at the time temporary transfers are authorized. No transfers shall be made under this division for the purpose of effecting new or changed levels of program service not authorized by the general assembly.

As used in this section, "request" means an application by a state agency or the director of budget and management seeking some action by the controlling board.

WHEN AUTHORIZING THE TRANSFER OF ALL OR PART OF AN APPROPRIATION UNDER THIS SECTION, THE CONTROLLING BOARD MAY AUTHORIZE THE TRANSFER TO AN EXISTING APPROPRIATION ITEM AND THE CREATION OF AND TRANSFER TO A NEW APPROPRIATION ITEM.

Whenever there is a transfer of all or part of funds included in the emergency purposes appropriation by the controlling board, pursuant to division (E) of this section, the state agency or the director of budget and management receiving such transfer shall keep a detailed record of the use of the transferred funds. At the earliest scheduled meeting of the controlling board following the accomplishment of the purposes specified in the request originally seeking the transfer, or following the total expenditure of the transferred funds for the specified purposes, the state agency or the director of budget and management shall submit a report on the expenditure of such funds to the board. The portion of any appropriation so transferred which is not required to accomplish the purposes designated in the original request to the controlling board shall be returned to the proper appropriation of the controlling board at this time.

Notwithstanding any provisions of law providing for the deposit of revenues received by a state agency to the credit of a particular fund in the state treasury, whenever there is a temporary transfer of funds included in the emergency purposes appropriation of the controlling board pursuant to division (H) of this section, revenues received by any state agency receiving such a temporary transfer of funds shall, as directed by the controlling board, be transferred back to the emergency purposes appropriation.

The board may delegate to the director of budget and management authority to approve transfers among items of appropriation under division (A) of this section.

Sec. 127.16. (A) Upon the request of either a state agency or the director of budget and management and after the controlling board determines that an emergency or a sufficient economic reason exists, the controlling board may approve:

(1) APPROVE the making of a purchase without competitive selection as provided in division (B) of this section;

(2) WAIVE THE COMPETITIVE BIDDING REQUIREMENTS SPECIFIED BY LAW FOR A STATE AGENCY'S CONSTRUCTION OR REPAIR OF A BUILDING, OR MAKING OF ANY OTHER IMPROVEMENT, TO COST FIFTY THOUSAND DOLLARS OR MORE.

(B) Except as otherwise provided in this section, no state agency, using money that has been appropriated to it directly, shall:

(1) Make any purchase from a particular supplier, that would amount to fifty thousand dollars or more when combined with both the amount of all disbursements to the supplier during the fiscal year for purchases made by the agency and the amount of all outstanding encumbrances for purchases made by the agency from the supplier, unless the purchase is made by competitive selection or with the approval of the controlling board;

(2) Lease real estate from a particular supplier, if the lease would amount to seventy-five thousand dollars or more when combined with both the amount of all disbursements to the supplier during the fiscal year for real estate leases made by the agency and the amount of all outstanding encumbrances for real estate leases made by the agency from the supplier, unless the lease is made by competitive selection or with the approval of the controlling board.

(C) Any person who authorizes a purchase in violation of division (B) of this section shall be liable to the state for any state funds spent on the purchase, and the attorney general shall collect the amount from the person.

(D) Nothing in division (B) of this section shall be construed as:

(1) A limitation upon the authority of the director of transportation as granted in sections 5501.17, 5517.02, and 5525.14 of the Revised Code;

(2) Applying to medicaid provider agreements under Chapter 5111. of the Revised Code or payments or provider agreements under disability assistance medical assistance established under Chapter 5115. of the Revised Code;

(3) Applying to the purchase of examinations from a sole supplier by a state licensing board under Title XLVII of the Revised Code;

(4) Applying to entertainment contracts for the Ohio state fair entered into by the Ohio expositions commission, provided that the controlling board has given its approval to the commission to enter into such contracts and has approved a total budget amount for such contracts as agreed upon by commission action, and that the commission causes to be kept itemized records of the amounts of money spent under each contract and annually files those records with the legislative clerk of the house of representatives and the clerk of the senate following the close of the fair;

(5) Limiting the authority of the chief of the division of mines and reclamation to contract for reclamation work with an operator mining adjacent land as provided in section 1513.27 of the Revised Code;

(6) Applying to investment transactions and procedures of any state agency, except that the agency shall file with the board the name of any person with whom the agency contracts to make, broker, service, or otherwise manage its investments, as well as the commission, rate, or schedule of charges of such person with respect to any investment transactions to be undertaken on behalf of the agency. The filing shall be in a form and at such times as the board considers appropriate.

(7) Applying to purchases made with money for the per cent for arts program established by section 3379.10 of the Revised Code;

(8) Applying to purchases made by the rehabilitation services commission of services, or supplies, that are provided to persons with disabilities, or to purchases made by the commission in connection with the eligibility determinations it makes for applicants of programs administered by the social security administration;

(9) Applying to payments by the department of human services under section 5111.13 of the Revised Code for group health plan premiums, deductibles, coinsurance, and other cost-sharing expenses;

(10) Applying to any agency of the legislative branch of the state government;

(11) Applying to agreements entered into under section 5101.11, 5101.21, or 5101.211 of the Revised Code;

(12) Applying to purchases of services by the adult parole authority under section 2967.14 of the Revised Code or by the department of youth services under section 5139.08 of the Revised Code;

(13) Applying to dues or fees paid for membership in an organization or association;

(14) Applying to purchases of utility services pursuant to section 9.30 of the Revised Code;

(15) Applying to purchases made in accordance with rules adopted by the department of administrative services of motor vehicle, aviation, or watercraft fuel, or emergency repairs of such vehicles;

(16) Applying to purchases of tickets for passenger air transportation;

(17) Applying to purchases necessary to provide public notifications required by law or to provide notifications of job openings;

(18) Applying to the judicial branch of state government;

(19) Applying to purchases of liquor for resale by the department or, on and after July 1, 1997, the division of liquor control;

(20) Applying to purchases of motor courier and freight services made in accordance with department of administrative services rules;

(21) Applying to purchases from the United States postal service and purchases of stamps and postal meter replenishment from vendors at rates established by the United States postal service;

(22) Applying to purchases of books, periodicals, pamphlets, newspapers, maintenance subscriptions, and other published materials;

(23) Applying to purchases from other state agencies, including state-assisted institutions of higher education;

(24) Limiting the authority of the director of environmental protection to enter into contracts under division (D) of section 3745.14 of the Revised Code to conduct compliance reviews, as defined in division (A) of that section;

(25) Applying to purchases from a qualified nonprofit agency pursuant to sections 4115.31 to 4115.35 of the Revised Code;

(26) Applying to payments by the department of human services to the United States department of health and human services for printing and mailing notices pertaining to the tax refund offset program of the internal revenue service of the United States department of the treasury;

(27) Applying to contracts entered into by the department of mental retardation and developmental disabilities under sections 5123.18, 5123.182, and 5111.252 of the Revised Code;

(28) Applying to payments made by the department of mental health under a physician recruitment program authorized by section 5119.101 of the Revised Code;

(29) Applying to contracts entered into with persons by the director of commerce for unclaimed funds collection and remittance efforts as provided in division (F) of section 169.03 of the Revised Code. The director shall keep an itemized accounting of unclaimed funds collected by those persons and amounts paid to them for their services.

(30) APPLYING TO PURCHASES MADE BY THE STATE BOARD OF DEPOSIT;

(31) APPLYING TO PURCHASES MADE BY A STATE INSTITUTION OF HIGHER EDUCATION IN ACCORDANCE WITH THE TERMS OF A CONTRACT BETWEEN THE VENDOR AND AN INTER-UNIVERSITY PURCHASING GROUP COMPRISED OF PURCHASING OFFICERS OF STATE INSTITUTIONS OF HIGHER EDUCATION.

(E) Notwithstanding division (B)(1) of this section, the cumulative purchase threshold shall be seventy-five thousand dollars for the departments of mental retardation and developmental disabilities, mental health, rehabilitation and correction, and youth services.

(F) When determining whether a state agency has reached the cumulative purchase thresholds established in divisions (B)(1), (B)(2), and (E) of this section, all of the following purchases by such agency shall not be considered:

(1) Purchases made through competitive selection or with controlling board approval;

(2) Purchases listed in division (D) of this section;

(3) For the purposes of the thresholds of divisions (B)(1) and (E) of this section only, leases of real estate.

(G) As used in this section, "competitive selection," "purchase," "supplies," and "services" have the same meanings as in section 125.01 of the Revised Code.

Sec. 133.04. (A) As used in this chapter, "net indebtedness" means, as determined pursuant to this section, the principal amount of the outstanding securities of a subdivision less the amount held in a bond retirement fund to the extent such amount is not taken into account in determining the principal amount outstanding under division (AA) of section 133.01 of the Revised Code. For purposes of this definition, the principal amount of outstanding securities includes the principal amount of outstanding securities of another subdivision apportioned to the subdivision as a result of acquisition of territory, and excludes the principal amount of outstanding securities of the subdivision apportioned to another subdivision as a result of loss of territory and the payment or reimbursement obligations of the subdivision under credit enhancement facilities relating to outstanding securities.

(B) In calculating the net indebtedness of a subdivision, none of the following securities, including anticipatory securities issued in anticipation of their issuance, shall be considered:

(1) Securities issued in anticipation of the levy or collection of special assessments, either in original or refunded form;

(2) Securities issued in anticipation of the collection of current revenues for the fiscal year or other period not to exceed twelve consecutive months, or securities issued in anticipation of the collection of the proceeds from a specifically identified voter-approved tax levy;

(3) Securities issued for purposes described in section 133.12 of the Revised Code;

(4) Securities issued under Chapter 122., 140., 165., 725., or 761., or section 131.23 of the Revised Code;

(5) Securities issued to pay final judgments or court approved settlements under authorizing laws and securities issued under section 2744.081 of the Revised Code;

(6) Securities issued to pay costs of permanent improvements to the extent they are issued in anticipation of the receipt of, and are payable as to principal from, federal or state grants OR DISTRIBUTIONS for, OR LEGALLY AVAILABLE FOR, that principal or for the costs of those permanent improvements;

(7) Securities issued to evidence loans from the state capital improvements fund pursuant to Chapter 164. of the Revised Code OR FROM THE STATE INFRASTRUCTURE BANK PURSUANT TO SECTION 5531.09 of the Revised Code;

(8) Other securities, including self-supporting securities, excepted by law from the calculation of net indebtedness or from the application of this chapter;

(9) Any other securities outstanding on the effective date of this amendment OCTOBER 30, 1989, and then excepted from the calculation of net indebtedness or from the application of this chapter, and securities issued at any time to fund or refund those securities.

Sec. 133.06. (A) A school district shall not incur, without a vote of the electors, net indebtedness that exceeds an amount equal to one-tenth of one per cent of its tax valuation, except as provided in divisions (G) and (H) of this section and in division (C) of section 3313.372 of the Revised Code.

(B) Except as provided in divisions (E) and (F) of this section, a school district shall not incur net indebtedness that exceeds an amount equal to nine per cent of its tax valuation.

(C) A school district shall not submit to a vote of the electors the question of the issuance of securities in an amount that will make the district's net indebtedness after the issuance of the securities exceed an amount equal to four per cent of its tax valuation, unless the superintendent of public instruction, acting under policies adopted by the state board of education, and the tax commissioner, acting under written policies of the commissioner, consent to the submission. A request for the consents shall be made at least thirty days prior to the election at which the question is to be submitted, except that the superintendent of public instruction and the tax commissioner may waive this thirty-day deadline or grant their consents after the election if the school district shows good cause for such waiver or consent after the election.

(D) In calculating the net indebtedness of a school district, none of the following shall be considered:

(1) Securities issued to acquire school buses and other equipment used in transporting pupils or issued pursuant to division (D) of section 133.10 of the Revised Code;

(2) Securities issued under division (F) of this section, under section 133.301 of the Revised Code, and, to the extent in excess of the limitation stated in division (B) of this section, under division (E) of this section;

(3) Indebtedness resulting from the dissolution of a joint vocational school district under section 3311.217 of the Revised Code, evidenced by outstanding securities of that joint vocational school district;

(4) Loans, evidenced by any securities, received under sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the Revised Code;

(5) Debt incurred under section 3313.374 of the Revised Code;

(6) Debt incurred pursuant to division (B)(5) of section 3313.37 of the Revised Code to acquire computers and related hardware.

(E) A school district may become a special needs district as to certain securities as provided in division (E) of this section.

(1) A board of education, by resolution, may declare its school district to be a special needs district by determining both of the following:

(a) The student population is not being adequately serviced by the existing permanent improvements of the district.

(b) The district cannot obtain sufficient funds by the issuance of securities within the limitation of division (B) of this section to provide additional or improved needed permanent improvements in time to meet the needs.

(2) The board of education shall certify a copy of that resolution to the superintendent of public instruction with a statistical report showing all of the following:

(a) A history of and a projection of the growth of the student population;

(b) The history of and a projection of the growth of the tax valuation;

(c) The projected needs;

(d) The estimated cost of permanent improvements proposed to meet such projected needs.

(3) The superintendent of public instruction shall certify the district as an approved special needs district if the superintendent finds both of the following:

(a) The district does not have available sufficient additional funds from state or federal sources to meet the projected needs.

(b) The projection of the potential average growth of tax valuation during the next five years, according to the information certified to the superintendent and any other information the superintendent obtains, indicates a likelihood of potential average growth of tax valuation of the district during the next five years of an average of not less than three per cent per year. The findings and certification of the superintendent shall be conclusive.

(4) An approved special needs district may incur net indebtedness by the issuance of securities in accordance with the provisions of this chapter in an amount that does not exceed an amount equal to the greater of the following:

(a) Nine per cent of the sum of its tax valuation plus an amount that is the product of multiplying that tax valuation by the percentage by which the tax valuation has increased over the tax valuation on the first day of the sixtieth month preceding the month in which its board determines to submit to the electors the question of issuing the proposed securities;

(b) Nine per cent of the sum of its tax valuation plus an amount that is the product of multiplying that tax valuation by the percentage, determined by the superintendent of public instruction, by which that tax valuation is projected to increase during the next ten years.

(F) A school district may issue securities for emergency purposes, in a principal amount that does not exceed an amount equal to three per cent of its tax valuation, as provided in this division.

(1) A board of education, by resolution, may declare an emergency if it determines both of the following:

(a) School buildings or other necessary school facilities in the district have been wholly or partially destroyed, or condemned by a constituted public authority, or that such buildings or facilities are partially constructed, or so constructed or planned as to require additions and improvements to them before the buildings or facilities are usable for their intended purpose, or that corrections to permanent improvements are necessary to remove or prevent health or safety hazards.

(b) Existing fiscal and net indebtedness limitations make adequate replacement, additions, or improvements impossible.

(2) Upon the declaration of an emergency, the board of education may, by resolution, submit to the electors of the district pursuant to section 133.18 of the Revised Code the question of issuing securities for the purpose of paying the cost, in excess of any insurance or condemnation proceeds received by the district, of permanent improvements to respond to the emergency need.

(3) The procedures for the election shall be as provided in section 133.18 of the Revised Code, except that:

(a) The form of the ballot shall describe the emergency existing, refer to this division as the authority under which the emergency is declared, and state that the amount of the proposed securities exceeds the limitations prescribed by division (B) of this section;

(b) The resolution required by division (B) of section 133.18 of the Revised Code shall be certified to the county auditor and the board of elections at least seventy-five days prior to the election;

(c) The county auditor shall advise and, not later than sixty-five days before the election, confirm that advice by certification to, the board of education of the information required by division (C) of section 133.18 of the Revised Code;

(d) The board of education shall then certify its resolution and the information required by division (D) of section 133.18 of the Revised Code to the board of elections not less than sixty days prior to the election.

(4) Notwithstanding division (B) of section 133.21 of the Revised Code, the first principal payment of securities issued under this division may be set at any date not later than sixty months after the earliest possible principal payment otherwise provided for in that division.

(G) The board of education may contract with an architect, professional engineer, or other person experienced in the design and implementation of energy conservation measures for an analysis and recommendations pertaining to installations, modifications of installations, or remodeling that would significantly reduce energy consumption in buildings owned by the district. The report shall include estimates of all costs of such installations, modifications, or remodeling, including costs of design, engineering, installation, maintenance, repairs, and debt service, and estimates of the amounts by which energy consumption and resultant operational and maintenance costs, as defined by the Ohio school facilities commission, would be reduced.

If the board finds after receiving the report that the amount of money the district would spend on such installations, modifications, or remodeling is not likely to exceed the amount of money it would save in energy and resultant operational and maintenance costs over the ensuing fifteen years, the board may submit to the commission a copy of its findings and a request for approval to incur indebtedness to finance the making or modification of installations or the remodeling of buildings for the purpose of significantly reducing energy consumption.

If the commission determines that the board's findings are reasonable, it shall approve the board's request. Upon receipt of the commission's approval, the district may issue securities without a vote of the electors in a principal amount not to exceed nine-tenths of one per cent of its tax valuation for the purpose of making such installations, or modifications, or remodeling, but the total net indebtedness of the district without a vote of the electors incurred under this and all other sections of the Revised Code shall not exceed one per cent of the district's tax valuation.

So long as any securities issued under division (G) of this section remain outstanding, the board of education shall monitor the energy consumption and resultant operational and maintenance costs of buildings in which installations or modifications have been made or remodeling has been done pursuant to division (G) of this section and shall maintain and annually update a report documenting the reductions in energy consumption and resultant operational and maintenance cost savings attributable to such installations, modifications, or remodeling. The report shall be certified by an architect or engineer independent of any person that provided goods or services to the board in connection with the energy conservation measures that are the subject of the report. The resultant operational and maintenance cost savings shall be certified by the school district treasurer. The report shall be made available to the commission upon request.

(H) With the consent of the superintendent of public instruction, a school district may incur without a vote of the electors net indebtedness that exceeds the amounts stated in divisions (A) and (G) of this section for the purpose of paying costs of permanent improvements, if and to the extent that both of the following conditions are satisfied:

(1) The fiscal officer of the school district estimates that receipts of the school district from compensation derived from or PAYMENTS MADE under agreements entered into pursuant to DIVISION (F) OF SECTION 5709.081 OR section 5709.82 of the Revised Code, or distributions under division (C) of section 5709.43 of the Revised Code, or any combination thereof, are, after accounting for any appropriate coverage requirements, sufficient in time and amount, and are committed by the proceedings, to pay the debt charges on the securities issued to evidence that indebtedness and payable from those receipts, and the taxing authority of the district confirms the fiscal officer's estimate, which confirmation is approved by the superintendent of public instruction;

(2) The fiscal officer of the school district certifies, and the taxing authority of the district confirms, that the district, at the time of the certification and confirmation, reasonably expects to have sufficient revenue available for the purpose of operating such permanent improvements for their intended purpose upon acquisition or completion thereof, and the superintendent of public instruction approves the taxing authority's confirmation.

The maximum maturity of securities issued under division (H) of this section shall be the lesser of twenty years or the maximum maturity calculated under section 133.20 of the Revised Code.

Sec. 153.01. Whenever any building or structure for the use of the state or any institution supported in whole or in part by the state or in or upon the public works of the state that is administered by the director of administrative services OR BY ANY OTHER STATE OFFICER OR STATE AGENCY AUTHORIZED BY LAW TO ADMINISTER A PROJECT, INCLUDING AN EDUCATIONAL INSTITUTION LISTED IN SECTION 3345.50 OR 3345.51 of the Revised Code, is to be erected or constructed, or whenever additions, alterations, or structural or other improvements are to be made, or WHENEVER heating, cooling, or ventilating plants or other equipment is to be installed or material supplied therefor, the aggregate cost of which amounts to ten FIFTY thousand dollars or more, each officer, board, or other authority upon which devolves the duty of constructing, erecting, altering, or installing the same, referred to in sections 153.01 to 153.60 of the Revised Code as the owner, shall cause to be made, by an architect or engineer whose contract of employment shall be prepared and approved by the attorney general and filed with the director, the following:

(A) Full and accurate plans, suitable for the use of mechanics and other builders in such construction, improvement, addition, alteration, or installation;

(B) Details to scale and full sized, so drawn and represented as to be easily understood;

(C) Accurate bills showing the exact quantity of different kinds of material necessary to the construction;

(D) Definite and complete specifications of the work to be performed, together with such directions as will enable a competent mechanic or other builder to carry them out and afford bidders all needful information;

(E) A full and accurate estimate of each item of expense and the aggregate cost thereof;

(F) A life-cycle cost analysis;

(G) Such further data as may be required by the department of administrative services.

Sec. 153.04. The plans, details, bills of material, specifications of work, estimates of cost in detail and in the aggregate, life-cycle cost analysis, form of bidding proposal BID, bid guaranty, and other data that may be required shall be prepared on such material and in such manner and form as are prescribed by the department of administrative services, and shall be submitted to such department for its approval. The life-cycle costs shall be a primary consideration in the selection of a design. If so approved the THE same shall be deposited and safely kept in the office of the director of administrative services or such other state agency defined as the owner AS DEFINED in section 153.01 of the Revised Code as the property of the state.

Sec. 153.05. The bond required by sections 153.04 and SECTION 153.08 of the Revised Code may be enforced against the person executing such bond, by any claimant for labor or material, and suit may be brought on such bond in the name of the state on relation of the claimant within one year from the date of delivering or furnishing such labor or material, in the court of common pleas of the county wherein such labor or material was furnished or delivered. Such bond shall not be released by the execution of any additional security, notes, retentions from estimates, or other instrument on account of such claim, or for any reason, except the full payment of such claim for labor or material.

Sec. 153.06. After the proceedings required by sections 153.01 and 153.04 of the Revised Code have been complied with, the owner referred to in section 153.01 of the Revised Code shall give public notice of the time and place when and where proposals BIDS will be received for performing the labor and furnishing the materials of such construction, improvement, alteration, addition, or installation, and a contract awarded, IN AN AMOUNT OF FIFTY THOUSAND DOLLARS OR MORE, except for materials manufactured by the state or labor supplied by the department of human services that may enter into the same. The form of proposal BID approved by the department of administrative services shall be used, and a proposal BID shall be invalid and not considered unless such form is used without change, alteration, or addition. Bidders may be permitted to bid upon all the branches of work and materials to be furnished and supplied, or upon any thereof, or alternately upon all or any thereof.

Sec. 153.07. The notice provided for in section 153.06 of the Revised Code shall be published once each week for three consecutive weeks in a newspaper of general circulation in the county where the activity for which proposals BIDS are submitted is to occur and in such other newspapers as ordered by the department of administrative services, the last publication to be at least eight days preceding the day for opening the bids, and in such form and with such phraseology as the department orders. Copies of the plans, details, bills of material, estimates of cost, and specifications shall be open to public inspection at all business hours between the day of the first publication and the day for opening the bids, at the office of the department where the bids are received, and such other place as may be designated in such notice.

Sec. 153.08. On the day and at the place named in the notice provided for in section 153.06 of the Revised Code, the owner referred to in section 153.01 of the Revised Code shall open the proposals BIDS and shall publicly, with the assistance of the architect or engineer, immediately proceed to tabulate the bids upon duplicate sheets. A proposal BID shall be invalid and not considered unless a bid guaranty meeting the requirements of section 153.54 of the Revised Code and in the form approved by the department of administrative services is filed with such proposal BID and unless such proposal BID and bid guaranty are filed in one sealed envelope. After investigation, which shall be completed within thirty days, the contract shall be awarded by such owner to the lowest responsive and responsible bidder in accordance with section 9.312 of the Revised Code.

No contract shall be entered into until the industrial commission has certified that the person so awarded the contract has complied with sections 4123.01 to 4123.94 of the Revised Code, until, if the bidder so awarded the contract is a foreign corporation, the secretary of state has certified that such corporation is authorized to do business in this state, until, if the bidder so awarded the contract is a person nonresident of this state, such person has filed with the secretary of state a power of attorney designating the secretary of state as its agent for the purpose of accepting service of summons in any action brought under section 153.05 of the Revised Code or under sections 4123.01 to 4123.94 of the Revised Code, and until the contract and bond, if any, are submitted to the attorney general and his THE ATTORNEY GENERAL'S approval certified thereon.

No contract shall be entered into unless the bidder possesses a valid certificate of compliance with affirmative action programs issued pursuant to section 9.47 of the Revised Code and dated no earlier than one hundred eighty days prior to the date fixed for the opening of bids for a particular project.

Sec. 153.09. If in the opinion of the owner referred to in section 153.01 of the Revised Code, the award of a contract to the lowest responsive and responsible bidder is not in the best interests of the state, with the written consent of the department of administrative services, it THE OWNER may accept another proposal BID so opened or reject all proposals BIDS, and advertise for other bids. Such advertisement shall be for such time, in such form, and in such newspaper as the department directs. All contracts shall provide that such owner may make any change in work or materials on the conditions and in the manner provided in sections 153.10 and 153.11 of the Revised Code.

Sec. 153.10. After the plans, bills of material, specifications of work, estimates of cost in detail and in the aggregate, life-cycle cost analysis, form of bidding proposal BID, bid guaranty, and other data that may be required are approved and filed with the secretary of state OWNER as provided DEFINED in section 153.04 153.01 of the Revised Code, no change of plans, details, bills of material, or specifications shall be made or allowed unless the same are approved by the department of administrative services OWNER AS DEFINED IN SECTION 153.01 of the Revised Code. When so approved, the plans of the proposed change, with detail to scale and full size, specifications of work, and bills of material shall be filed with the original papers. If such change affects the price, the amount thereof shall likewise receive such approval.

Sec. 153.11. Whenever the change referred to in section 153.10 of the Revised Code is approved by the department of administrative services OWNER AS DEFINED IN SECTION 153.01 of the Revised Code, accepted in writing by the contractor, and filed, the same shall be considered as being a part of the original contract, and the bond theretofore executed shall be held to include and cover the same.

Sec. 153.12. (A) With respect to award of any contract for the construction, reconstruction, improvement, enlargement, alteration, repair, painting, or decoration of a public improvement made by the state, or any county, township, municipal corporation, school district, or other political subdivision, or any public board, commission, authority, instrumentality, or special purpose district of or in the state or a political subdivision or that is authorized by state law, the award, and execution of the contract, shall be made within sixty days after the date on which the bids are opened. The failure to award and execute the contract within sixty days invalidates the entire bid proceedings and all bids submitted, unless the time for awarding and executing the contract is extended by mutual consent of the owner or its representatives and the bidder whose bid the owner accepts and with respect to whom the owner subsequently awards and executes a contract. The public owners referred to in this section shall include, in the plans and specifications for the project for which bids are solicited, the estimate of cost. The bid for which the award is to be made shall be opened at the time and place named in the advertisement for bids, unless extended by the owner or its representative or unless, within seventy-two hours prior to the published time for the opening of bids, excluding Saturdays, Sundays, and legal holidays, any modification of the plans or specifications and estimates of cost for the project for which bids are solicited is issued and mailed or otherwise furnished to persons who have obtained plans or specifications for the project, for which the time for opening of bids shall be extended one week, with no further advertising of bids required. The contractor, upon request, is entitled to a notice to proceed with the work by the owner or its representative upon execution of the contract. No contract to which this section applies shall be entered into if the price of the contract, or, if the project involves multiple contracts where the total price of all contracts for the project, is in excess of ten per cent above the entire estimate thereof, nor shall the entire cost of the construction, reconstruction, repair, painting, decorating, improvement, alteration, addition, or installation, including changes and estimates of expenses for architects or engineers, exceed in the aggregate the amount authorized by law.

The unit or lump sum price stated in the contract shall be used in determining the amount to be paid and shall constitute full and final compensation for all the work.

Partial payment to the contractor for work performed under the lump sum price shall be based on a schedule prepared by the contractor and approved by the architect or engineer who shall apportion the lump sum price to the major components entering into or forming a part of the work under the lump sum price.

Partial payments to the contractor for labor performed under either a unit or lump sum price contract shall be made at the rate of ninety-two per cent of the estimates prepared by the contractor and approved by the architect or engineer. All labor performed after the job is fifty per cent completed shall be paid for at the rate of one hundred per cent of the estimates submitted by the contractor and approved by the architect or engineer.

The amounts and time of payments of any public improvements contract made by the state or any county, township, municipal corporation, school district, or other political subdivision, or any public board, commission, authority, instrumentality, or special purpose district of or in the state or a political subdivision or that is authorized by state law, except as provided in section 5525.19 of the Revised Code, shall be governed by this section and sections 153.13 and 153.14 of the Revised Code. If the time for awarding the contract is extended by mutual consent, or if the owner or its representative fails to issue a timely notice to proceed as required by this section, the owner or its representative shall issue a change order authorizing delay costs to the contractor, which does not invalidate the contract. The amount of such a change order to the owner shall be determined in accordance with the provisions of the contract for change orders or force accounts or, if no such provision is set forth in the contract, the cost to the owner shall be the contractor's actual costs including wages, labor costs other than wages, wage taxes, materials, equipment costs and rentals, insurance, and subcontracts attributable to the delay, plus a reasonable sum for overhead. In the event of a dispute between the owner and the contractor concerning such change order, procedures shall be commenced under the applicable terms of the contract, or, if the contract contains no provision for resolving the dispute, it shall be resolved pursuant to the procedures for arbitration in Chapter 2711. of the Revised Code, except as provided in division (C)(B) of this section. Nothing in this division shall be construed as a limitation upon the authority of the director of transportation granted in Chapter 5525. of the Revised Code.

(B) In the event of IF a dispute ARISES between the state and a contractor concerning the terms of a public improvement contract let by the state or concerning a breach of the contract, and after administrative remedies provided for in such contract between the state and the contractor ANY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES PROVIDED IN ACCORDANCE WITH GUIDELINES ESTABLISHED UNDER SECTION 153.16 of the Revised Code are exhausted, the contractor may bring an action to the court of claims in accordance with Chapter 2743. of the Revised Code. The state or the contractor may request the chief justice of the supreme court to appoint a referee or panel of referees in accordance with division (C)(3) of section 2743.03 of the Revised Code. As used in this division, "dispute" means a disagreement between the state and the contractor concerning a public improvement contract let by the state in which the amount in controversy exceeds five thousand dollars. If the court finds that the actual amount in controversy does not exceed five thousand dollars, it shall dismiss the application and may order that the filing party pay the reasonable attorney fees of the opposing party.

Sec. 125.101 153.16. (A) The director of administrative services shall establish policy and procedure guidelines for contract BOTH OF THE FOLLOWING:

(1) CONTRACT documents in conjunction with the administration of public works contracts that the state or any institution supported in whole or in part by the state enters into for any project subject to sections 153.01 to 153.11 of the Revised Code;

(2) THE CONTRACTING PROCESS AND THE PROCESS FOR SELECTING CONTRACTORS TO PERFORM LABOR AND SUPPLY MATERIALS WHENEVER ANY BUILDING OR STRUCTURE FOR USE OF THE STATE OR ANY INSTITUTION SUPPORTED IN WHOLE OR IN PART BY THE STATE OR IN OR UPON THE PUBLIC WORKS OF THE STATE WILL BE ERECTED OR CONSTRUCTED, WHENEVER ADDITIONS, ALTERATIONS, OR STRUCTURAL OR OTHER IMPROVEMENTS WILL BE MADE, OR WHENEVER HEATING, COOLING, OR VENTILATION PLANTS OR OTHER EQUIPMENT WILL BE INSTALLED OR MATERIAL SUPPLIED THEREFOR, THE AGGREGATE PROJECT COST OF WHICH IS LESS THAN FIFTY THOUSAND DOLLARS. DIVISION (A)(2) OF THIS SECTION DOES NOT APPLY TO OR AFFECT THE SELECTION OF PROFESSIONAL DESIGN SERVICES UNDER SECTIONS 153.65 TO 153.71 of the Revised Code.

(B) Notwithstanding any contract provision to the contrary, any claim submitted under a public works contract that the state or any institution supported in whole or in part by the state enters into for any project subject to sections 153.01 to 153.11 of the Revised Code shall be resolved within one hundred twenty days. After the end of this one hundred twenty-day period, the contractor shall be deemed to have exhausted all administrative remedies for purposes of division (B) of section 153.12 of the Revised Code.

Sec. 153.17. (A) When in the opinion of the owner referred to in section 153.01 of the Revised Code, the work under any contract made under any law of the state is neglected by the contractor or such work is not prosecuted with the diligence and force specified or intended in the contract, such owner may make requisition upon the contractor for such additional specific force or materials to be brought into the work under such contract or to remove improper materials from the grounds as in their judgment the contract and its faithful fulfillment requires.

Not less than five days' notice in writing of such action shall be served upon the contractor or his THE CONTRACTOR'S agent in charge of the work. If the contractor fails to comply with such requisition within fifteen days, such owner, with the written consent of the department of administrative services, may employ upon the work the additional force, or supply the special materials or such part of either as is considered proper, and may remove improper materials from the grounds.

(B) WHEN THE ORIGINAL CONTRACTOR HAS DEFAULTED ON A CONTRACT AND THE SURETY HAS DECLINED TO TAKE OVER THE PROJECT, THE OWNER MAY CONTRACT WITH ONE OR MORE TAKEOVER CONTRACTORS TO COMPLETE WORK THAT WAS NOT FINISHED BECAUSE OF THE DEFAULT OF THE ORIGINAL CONTRACTOR. THE OWNER MAY ENTER INTO A CONTRACT WITH A TAKEOVER CONTRACTOR WITHOUT COMPETITIVE BIDDING OR CONTROLLING BOARD APPROVAL. UPON EXECUTION OF A TAKEOVER CONTRACT, THE OWNER SHALL NOTIFY THE DIRECTOR OF BUDGET AND MANAGEMENT.

WHEN THE OWNER HAS TAKEN OVER A PROJECT AFTER A DEFAULT HAS OCCURRED, ANY MONEYS THAT THE OWNER RECEIVES FROM THE SURETY AS A SETTLEMENT FOR COMPLETION OF THE PROJECT SHALL BE DEPOSITED IN THE ORIGINAL FUND FROM WHICH THE CAPITAL APPROPRIATION FOR THE PROJECT WAS MADE. THE DIRECTOR, WITHOUT CONTROLLING BOARD APPROVAL, MAY AUTHORIZE SPECIFIED ADDITIONAL USES FOR THE MONEYS RELATED TO COMPLETION OF THE PROJECT AND MAY INCREASE THE APPROPRIATION AUTHORITY IN THE APPROPRIATION LINE ITEM USED TO FUND THE PROJECT BY AN AMOUNT EQUAL TO THE MONEYS RECEIVED FROM THE SURETY.

Sec. 153.32. When it becomes necessary to erect a bridge, the board of county commissioners shall determine the length and width of the superstructure, and whether it shall be single or double track, and it shall advertise for proposals BIDS for performing the labor and furnishing the materials necessary to the erection thereof in accordance with sections 307.86 to 307.92, inclusive, of the Revised Code.

Sec. 153.33. The board of county commissioners may also invite, receive, and consider proposals BIDS on any other plan at the option of bidders, and shall require that any such plan together with specifications shall be filed in the office of the county auditor for a period of fifteen days prior to the date for receiving bids. Such plans and specifications shall show the number of spans, the length of each, the nature, quality, and size of the materials to be used, the length of the structure when completed, and whether there is any patent on the proposal BID plan, or any part thereof, and if so, on what part thereof.

Sec. 153.34. In their ITS advertisement, the board of county commissioners shall invite bidders to make proposals BIDS for furnishing all the materials and performing all the work, or for such parts thereof as bidders deem proper, and include such other matter as is required in section 307.87 of the Revised Code.

Sec. 153.50. (A) An officer, board, or other authority of the state, a county, township, municipal corporation, or school district, or of any public institution belonging thereto, authorized to contract for the erection, repair, alteration, or rebuilding of a public building, institution, bridge, culvert, or improvement and required by law to advertise and receive proposals BIDS for furnishing of materials and doing the work necessary for the erection thereof, shall require separate and distinct proposals BIDS to be made for furnishing such materials or doing such work, or both, in their discretion, for each of the following branches or classes of work to be performed, and all work kindred thereto, entering into the improvement:

(1) Plumbing and gas fitting;

(2) Steam and hot-water heating, ventilating apparatus, and steam-power plant;

(3) Electrical equipment.

(B) A public authority is not required to solicit separate proposals BIDS for a branch or class of work specified in division (A) of this section for an improvement if the estimated cost for that branch or class of work is less than five thousand dollars.

Sec. 153.571. The bond provided for in division (B) of section 153.54 of the Revised Code shall be in substantially the following form, and recovery of any claimant thereunder shall be subject to sections 153.01 to 153.60 of the Revised Code, to the same extent as if the provisions of such sections were fully incorporated in said THE bond form:

"KNOW ALL MEN PERSONS BY THESE PRESENTS, that we, the undersigned ................. as principal and ............. as sureties, are hereby held and firmly bound unto .............. as obligee in the penal sum of the dollar amount of the bid submitted by the principal to the obligee on .............. to undertake the project known as ................ The penal sum referred to herein shall be the dollar amount of the principal's bid to the obligee, incorporating any additive or deductive alternate proposals BIDS made by the principal on the date referred to above to the obligee, which are accepted by the obligee. In no case shall the penal sum exceed the amount of ............ dollars. (If the foregoing blank is not filled in, the penal sum will be the full amount of the principal's bid, including alternates. Alternatively, if the blank is filled in, the amount stated must not be less than the full amount of the bid including alternates, in dollars and cents. A percentage is not acceptable.) For the payment of the penal sum well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

Signed this ............... day of ............., 19 .... THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the above named principal has submitted a bid for ..................

Now, therefore, if the obligee accepts the bid of the principal and the principal fails to enter into a proper contract in accordance with the bid, plans, details, specifications, and bills of material; and in the event the principal pays to the obligee the difference not to exceed ten per cent of the penalty hereof between the amount specified in the bid and such larger amount for which the obligee may in good faith contract with the next lowest bidder to perform the work covered by the bid; or in the event the obligee does not award the contract to the next lowest bidder and resubmits the project for bidding, the principal pays to the obligee the difference not to exceed ten per cent of the penalty hereof between the amount specified in the bid, or the costs, in connection with the resubmission, of printing new contract documents, required advertising, and printing and mailing notices to prospective bidders, whichever is less, then this obligation shall be null and void, otherwise to remain in full force and effect; if the obligee accepts the bid of the principal and the principal within ten days after the awarding of the contract enters into a proper contract in accordance with the bid, plans, details, specifications, and bills of material, which said contract is made a part of this bond the same as though set forth herein;

Now also, if the said ................ shall well and faithfully do and perform the things agreed by .............. to be done and performed according to the terms of said contract; and shall pay all lawful claims of subcontractors, materialmen MATERIALS SUPPLIERS, and laborers, for labor performed and materials furnished in the carrying forward, performing, or completing of said contract; we agreeing and assenting that this undertaking shall be for the benefit of any materialman MATERIALS SUPPLIER or laborer having a just claim, as well as for the obligee herein; then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated.

The said surety hereby stipulates and agrees that no modifications, omissions, or additions, in or to the terms of the said contract or in or to the plans or specifications therefor shall in any wise affect the obligations of said surety on its bond."

Sec. 153.62. All contracts for the erection, construction, repair, or alteration of any building, highway, or other work or improvement of any nature by an officer, board, or other authority of the state, a county, township, municipal corporation, school district, or any political subdivision, or any public institution belonging thereto, are subject to all applicable federal, state, and local statutes, ordinances, and regulations, including, but not limited to, those dealing with the prevention of environmental pollution that affect or are affected by such contracts. If the bidder to whom the work is awarded must undertake additional work due to the enactment or amendment of statutes, OR rules, or regulations occurring after the submission of the successful bid proposal, the awarding body shall issue a change order setting forth the additional work that must be undertaken and authorizing additional cost to the contractor, which shall not invalidate the contract. The cost of such a change order to the awarding agency shall be determined in accordance with the provisions of the contract for change orders or force accounts or, if no such provision is set forth in the contract, then the cost to the awarding agency shall be the contractor's actual costs including wages, labor costs other than wages, wage taxes, materials, equipment costs and rentals, insurance, and subcontracts attributable to the additional activity, plus a reasonable sum for overhead. Provided, however, that such SUCH additional costs to undertake work not specified in the invitation for proposal BIDS shall not be approved unless written authorization is given the successful bidder prior to his THE SUCCESSFUL BIDDER'S undertaking such additional activity. In the event of IF a dispute ARISES between the awarding agency and the successful bidder, procedures shall be commenced under the applicable terms of the construction contract, or, if the contract contains no provision for resolving the dispute, it shall be resolved pursuant to the procedures for arbitration in Chapter 2711. of the Revised Code.

Sec. 156.03. If the director of administrative services wishes to enter into an installment payment contract pursuant to section 156.04 of the Revised Code or any other contract to implement one or more energy saving measures, he THE DIRECTOR may proceed under THIS SECTION OR Chapter 153. of the Revised Code, or, alternatively, he may request the controlling board to exempt the contract from Chapter 153. of the Revised Code.

If the controlling board by a majority vote approves an exemption TO PROCEED UNDER THIS SECTION, that chapter shall not apply to the contract and instead the director shall request proposals from at least three parties for the implementation of energy saving measures. Prior to providing any interested party a copy of any such request, the director shall advertise, in a newspaper of general circulation in the county where the contract is to be performed, his THE DIRECTOR'S intent to request proposals for the implementation of energy saving measures. The notice shall invite interested parties to submit proposals for consideration and shall be published at least thirty days prior to the date for accepting proposals.

Upon receiving the proposals, the director shall analyze them and, after considering the cost estimates of each proposal and the availability of funds to pay for each with current appropriations or by financing the cost of each through an installment payment contract under section 156.04 of the Revised Code, may select one or more proposals or reject all proposals. In selecting proposals, the director shall select the one or more proposals most likely to result in the greatest savings when the cost of the proposal is compared to the reduced energy and operating costs that will result from implementing the proposal.

No contract shall be awarded to implement energy saving measures under this section unless the director finds that one or both of the following circumstances exists, as applicable:

(A) In the case of a contract for a cogeneration system described in division (H) of section 156.01 of the Revised Code, the cost of the contract is not likely to exceed the amount of money that would be saved in energy and operating costs over no more than five years;

(B) In the case of any contract for any energy saving measure other than a cogeneration system, the cost of the contract is not likely to exceed the amount of money that would be saved in energy and operating costs over no more than ten years.

Sec. 163.01. As used in sections 163.01 to 163.22 of the Revised Code:

(A) "Public agency" means any governmental corporation, unit, organization, or officer, OR ANY STATE UNIVERSITY OR COLLEGE, authorized by law to appropriate property in the courts of this state. "Private agency" means any other corporation, firm, partnership, voluntary association, joint-stock association, or company authorized by law to appropriate property in the courts of this state. "Agency" includes any public agency or private agency.

(B) "Court" includes the court of common pleas and the probate court of any county in which the property sought to be appropriated is located in whole or in part.

(C) "Owner" includes any individual, partnership, association, or corporation having any estate, title, or interest in any real property sought to be appropriated.

(D) "Real property," "land," or "property" includes any estate, title, or interest in any real property which is authorized to be appropriated by the agency in question, unless the context otherwise requires.

Sec. 166.03. (A) There is hereby created the facilities establishment fund within the state treasury, consisting of proceeds from the issuance of obligations as specified under section 166.08 of the Revised Code; the moneys received by the state from the sources specified in section 166.09 of the Revised Code; service charges imposed under sections 166.06 and 166.07 of the Revised Code; any grants, gifts, or contributions of moneys received by the director of development to be used for loans made under section 166.07 of the Revised Code or for the payment of the allowable costs of project facilities; and all other moneys appropriated or transferred to the fund. Moneys in the loan guarantee fund in excess of four per cent of the unpaid principal amount of loan repayments guaranteed under section 166.06 of the Revised Code, but subject to the provisions and requirements of any guarantee contracts, may be transferred to the facilities establishment fund by the treasurer of state upon the order of the director of development. Moneys received by the state under Chapter 122. of the Revised Code, to the extent allocable to the utilization of moneys derived from proceeds of the sale of obligations pursuant to section 166.08 of the Revised Code, shall be credited to the facilities establishment fund.

(B) All moneys appropriated or transferred to the facilities establishment fund may be released at the request of the director for payment of allowable costs or the making of loans under this chapter, for transfer to the loan guarantee fund established in section 166.06 of the Revised Code, or for use for the purpose of or transfer to the funds established by sections 122.35, 122.42, 122.54, 122.55, 122.56, 122.561, 122.57, and 122.80, and until June 30, 1999, sections 122.26 and 166.031 of the Revised Code, but only for such of those purposes as are within the authorization of Section 13 of Article VIII, Ohio Constitution, in all cases subject to the approval of the controlling board EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A) OF SECTION 166.07 of the Revised Code.

(C) Moneys transferred to the facilities establishment fund under section 3734.82 of the Revised Code shall be used exclusively for eligible projects that recover or recycle energy from scrap tires, as "scrap tires" is defined in section 3734.01 of the Revised Code, for any of the following purposes:

(1) Making loans under this chapter;

(2) Making grants;

(3) Providing other incentives, including, without limitation, entering into contracts with private entities to conduct environmental studies or tests for eligible projects that propose to recover energy from scrap tires.

The director shall adopt rules under division (B)(9) of section 166.02 of the Revised Code for the purpose of administering this division.

(D) The department of development, in the administration of the facilities establishment fund, is encouraged to utilize and promote the utilization of, to the maximum practicable extent, the other existing programs, business incentives, and tax incentives that department is required or authorized to administer or supervise.

Sec. 166.07. (A) The director of development, with the approval of the controlling board FOR ANY LOAN IN THE AMOUNT OF THREE HUNDRED FIFTY THOUSAND DOLLARS OR MORE and subject to the other applicable provisions of this chapter, may lend moneys in the facilities establishment fund to persons for the purpose of paying allowable costs of an eligible project if the director determines that:

(1) The project is an eligible project and is economically sound;

(2) The borrower is unable to finance the necessary allowable costs through ordinary financial channels upon comparable terms;

(3) The amount to be lent from the facilities establishment fund will not exceed seventy-five per cent of the total allowable costs of the eligible project, except that if the entire amount to be lent from the facilities establishment fund is derived from the issuance and sale of project financing obligations the amount to be lent will not exceed ninety per cent of the total allowable costs of the eligible project;

(4) The eligible project could not be achieved in the local area in which it is to be located if the portion of the project to be financed by the loan instead were to be financed by a loan guaranteed under section 166.06 of the Revised Code;

(5) The amount of the loan from the facilities establishment fund to be repaid will be adequately secured by a mortgage, lien, assignment, or pledge, at such level of priority as the director may require;

(6) The borrower will hold at least a ten per cent equity interest in the eligible project at the time the loan is made.

(B) The determinations of the director under division (A) of this section shall be conclusive for purposes of the validity of a loan commitment evidenced by a loan agreement signed by the director.

(C) Fees, charges, rates of interest, times of payment of interest and principal, and other terms, conditions, and provisions of and security for loans made from the facilities establishment fund pursuant to this section shall be such as the director determines to be appropriate and in furtherance of the purpose for which the loans are made. The moneys used in making such loans shall be disbursed from the facilities establishment fund upon order of the director. The director shall give special consideration in setting the required job creation ratios and interest rates for loans that are for voluntary actions.

(D) The director may take actions necessary or appropriate to collect or otherwise deal with any loan made under this section.

(E) The director may fix service charges for the making of a loan. Such charges shall be payable at such times and place and in such amounts and manner as may be prescribed by the director.

Sec. 351.01. As used in this chapter:

(A) "Convention facilities authority" means a body corporate and politic created pursuant to section 351.02 of the Revised Code.

(B) "Governmental agency" means a department, division, or other unit of the state government or of a municipal corporation, county, township, or other political subdivision of the state; any state university or college, as defined in section 3345.12 of the Revised Code, community college, state community college, university branch, or technical college; any other public corporation or agency having the power to acquire, construct, or operate facilities; the United States or any agency thereof; and any agency, commission, or authority established pursuant to an interstate compact or agreement.

(C) "Person" means any individual, firm, partnership, association, or corporation, or any combination of them.

(D) "Facility" or "facilities" means any convention, entertainment, or sports facility, or combination of them, located within the territory of the convention facilities authority, together with all parking facilities, walkways, and other auxiliary facilities, real and personal property, property rights, easements and interests that may be appropriate for, or used in connection with, the operation of the facility.

(E) "Cost" means the cost of acquisition of all land, rights-of-way, property rights, easements, franchise rights, and interests required for such acquisition; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved; the cost of acquiring or constructing and equipping a principal office of the convention facilities authority; the cost of diverting highways, interchange of highways, access roads to private property, including the cost of land or easements for such access roads; the cost of public utility and common carrier relocation or duplication; the cost of all machinery, furnishings, and equipment; financing charges; interest prior to and during construction and for no more than eighteen months after completion of construction; expenses of research and development with respect to facilities; legal expenses; expenses of obtaining plans, specifications, engineering surveys, studies, and estimates of cost and revenues; working capital; expenses necessary or incident to determining the feasibility or practicability of acquiring or constructing such facility; administrative expense; and such other expenses as may be necessary or incident to the acquisition or construction of the facility, the financing of such acquisition or construction, including the amount authorized in the resolution of the convention facilities authority providing for the issuance of convention facilities authority revenue bonds to be paid into any special funds from the proceeds of such bonds, the cost of issuing the bonds, and the financing of the placing of such facility in operation. Any obligation, cost, or expense incurred by any governmental agency or person for surveys, borings, preparation of plans and specifications, and other engineering services, or any other cost described above, in connection with the acquisition or construction of a facility may be regarded as part of the cost of such facility and may be reimbursed out of the proceeds of convention facilities authority revenue bonds as authorized by this chapter.

(F) "Owner" includes a person having any title or interest in any property, rights, easements, or interests authorized to be acquired by Chapter 351. of the Revised Code.

(G) "Revenues" means all rentals and other charges received by the convention facilities authority for the use or services of any facility, the sale of any merchandise, or the operation of any concessions; any gift or grant received with respect to any facility, any moneys received with respect to the lease, sublease, sale, including installment sale or conditional sale, or other disposition of a facility or part thereof; moneys received in repayment of and for interest on any loans made by the authority to a person or governmental agency, whether from the United States or any department, administration, or agency thereof, or otherwise; proceeds of convention facilities authority revenue bonds to the extent the use thereof for payment of principal or of premium, if any, or interest on the bonds is authorized by the authority; proceeds from any insurance, appropriation, or guaranty pertaining to a facility or property mortgaged to secure bonds or pertaining to the financing of the facility; income and profit from the investment of the proceeds of convention facilities authority revenue bonds or of any revenues; CONTRIBUTIONS OF THE PROCEEDS OF A TAX LEVIED PURSUANT TO DIVISION (A)(3) OF SECTION 5739.024 OF THE REVISED CODE; and moneys transmitted to the authority pursuant to division (B) of section 5739.211 and division (B) of section 5741.031 of the Revised Code.

(H) "Public roads" includes all public highways, roads, and streets in the state, whether maintained by the state, county, city, township, or other political subdivision.

(I) "Construction," unless the context indicates a different meaning or intent, includes, but is not limited to, reconstruction, enlargement, improvement, or providing fixtures, furnishings, and equipment.

(J) "Convention facilities authority revenue bonds" or "revenue bonds," unless the context indicates a different meaning or intent, includes convention facilities authority revenue notes, convention facilities authority revenue renewal notes, and convention facilities authority revenue refunding bonds.

(K) "Convention facilities authority tax anticipation bonds" or "tax anticipation bonds," unless the context indicates a different meaning, includes convention facilities authority tax anticipation bonds, tax anticipation notes, tax anticipation renewal notes, and tax anticipation refunding bonds.

(L) "Bonds and notes" means convention facilities authority revenue bonds and convention facilities authority tax anticipation bonds.

(M) "Territory of the authority" means all of the area of the county creating the convention facilities authority.

(N) "Excise taxes" means either or both of the taxes levied pursuant to division (B) of section 351.021 of the Revised Code. "Excise taxes" does not include taxes levied pursuant to section 4301.424, 5743.026, or 5743.324 of the Revised Code.

(O) "Transaction" means the charge by a hotel for each occupancy by transient guests of a room or suite of rooms used in a hotel as a single unit for any period of twenty-four hours or less.

(P) "Hotel" and "transient guests" have the same meaning MEANINGS as in section 5739.01 of the Revised Code.

(Q) "Sports facility" means a facility intended to house major league professional athletic teams.

(R) "Constructing" or "construction" includes providing fixtures, furnishings, and equipment.

Sec. 351.03. (A) Except as provided in DIVISION (A)(3) OF SECTION 5739.024 OR IN section 5739.026 of the Revised Code, no county creating a convention facilities authority may appropriate and expend public funds to finance or subsidize the operation of the authority.

(B) Subject to making due provisions for payment and performance of its obligations, a convention facilities authority may be dissolved by the county creating it. In such event the properties of the authority shall be transferred to the county creating it, and the county may thereupon appropriate and expend public funds to finance or subsidize the operation of such facilities.

Sec. 351.141. A convention facilities authority that levies one or both of the excise taxes authorized by division (B) of section 351.021 of the Revised Code OR THAT RECEIVES CONTRIBUTIONS PURSUANT TO DIVISION (A)(3) OF SECTION 5739.024 OF THE REVISED CODE, by resolution may anticipate the proceeds of the levy and issue convention facilities authority tax anticipation bonds, and notes anticipating the proceeds or the bonds, in the principal amount that, in the opinion of the authority, are necessary for the purpose of paying the cost of one or more facilities or parts of one or more facilities, and as able, with the interest on them, be paid over the term of the issue, or in the case of notes anticipating bonds over the term of the bonds, by the estimated amount of the excise taxes OR CONTRIBUTIONS anticipated thereby. The excise taxes OR CONTRIBUTIONS are determined by the general assembly to satisfy any applicable requirement of Section 11 of Article XII, Ohio Constitution. An authority, at any time, may issue renewal tax anticipation notes, issue tax anticipation bonds to pay such notes, and, whenever it considers refunding expedient, refund any tax anticipation bonds by the issuance of tax anticipation refunding bonds whether the bonds to be refunded have or have not matured, and issue tax anticipation bonds partly to refund bonds then outstanding and partly for any other authorized purpose. The refunding bonds shall be sold and the proceeds needed for such purpose applied in the manner provided in the bond proceedings to the purchase, redemption, or payment of the bonds to be refunded.

Every issue of outstanding tax anticipation bonds shall be payable out of the proceeds of the excise taxes OR CONTRIBUTIONS anticipated and other revenues of the authority that are pledged for such payment. The pledge shall be valid and binding from the time the pledge is made, and the anticipated excise taxes, CONTRIBUTIONS, and revenues so pledged and thereafter received by the authority immediately shall be subject to the lien of that pledge without any physical delivery of those excise taxes, CONTRIBUTIONS, and revenues or further act. The lien of any pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, whether or not such parties have notice of the lien. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the authority's records.

Whether or not the bonds or notes are of such form and character as to be negotiable instruments under Title XIII of the Revised Code, the bonds or notes shall have all the qualities and incidents of negotiable instruments, subject only to their provisions for registration, if any.

The tax anticipation bonds shall bear such date or dates, and shall mature at such time or times, in the case of any such notes or any renewals of such notes not exceeding twenty years from the date of issue of such original notes and in the case of any such bonds or any refunding bonds not exceeding forty years from the date of the original issue of notes or bonds for the purpose, and shall be executed in the manner that the resolution authorizing the bonds may provide. The tax anticipation bonds shall bear interest at such rates, or at variable rate or rates changing from time to time, in accordance with provisions provided in the authorizing resolution, be in such denominations and form, either coupon or registered, carry such registration privileges, be payable in such medium of payment and at such place or places, and be subject to such terms of redemption, as the authority may authorize or provide. The tax anticipation bonds may be sold at public or private sale, and at, or at not less than the price or prices as the authority determines. If any officer whose signature or a facsimile of whose signature appears on any bonds or coupons ceases to be such officer before delivery of the bonds, the signature or facsimile shall nevertheless be sufficient for all purposes as if he THE OFFICER had remained in office until delivery of the bonds, and in case the seal of the authority has been changed after a facsimile has been imprinted on the bonds, the facsimile seal will continue to be sufficient for all purposes.

Any resolution or resolutions authorizing any tax anticipation bonds or any issue of tax anticipation bonds may contain provisions, subject to any agreements with bondholders as may then exist, which provisions shall be a part of the contract with the holders of the bonds, as to the pledging of any or all of the authority's anticipated excise taxes, CONTRIBUTIONS, and revenues to secure the payment of the bonds or of any issue of the bonds; the use and disposition of revenues of the authority; the crediting of the proceeds of the sale of bonds to and among the funds referred to or provided for in the resolution; limitations on the purpose to which the proceeds of sale of the bonds may be applied and the pledging of portions of such proceeds to secure the payment of the bonds or of any issue of the bonds; as to notes issued in anticipation of the issuance of bonds, the agreement of the authority to do all things necessary for the authorization, issuance, and sale of such bonds in such amounts as may be necessary for the timely retirement of such notes; limitations on the issuance of additional bonds; the terms upon which additional bonds may be issued and secured; the refunding of outstanding bonds; the procedure, if any, by which the terms of any contract with bondholders may be amended, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given; securing any bonds by a trust agreement in accordance with section 351.16 of the Revised Code; any other matters, of like or different character, that in any way affect the security or protection of the bonds. The excise taxes anticipated by the bonds, including bonds anticipated by notes, shall not be subject to diminution by initiative or referendum or by law while the bonds or notes remain outstanding in accordance with their terms, unless provision is made by law or by the authority for an adequate substitute therefor reasonably satisfactory to the trustee, if a trust agreement secures the bonds.

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

Sec. 901.82. (A) In administering the program established under section 901.80 of the Revised Code, the director of agriculture shall do all of the following:

(1) Receive applications for financial assistance forwarded to the director by the department of development, and, after processing, forward them to the agricultural financing commission together with necessary supporting information;

(2) Receive the recommendations of the commission made under division (A)(1) of section 901.63 of the Revised Code and make a final determination whether to approve the application for financial assistance;

(3) Transmit the director's determinations to approve assistance to the controlling board DIRECTOR OF BUDGET AND MANAGEMENT OR THE DIRECTOR OF BUDGET AND MANAGEMENT'S DESIGNEE together with any information the controlling board DIRECTOR OF BUDGET AND MANAGEMENT OR THE DIRECTOR OF BUDGET AND MANAGEMENT'S DESIGNEE requires for its review and its decision IN DECIDING whether to approve the release of money for the financial assistance;

(4) Work in conjunction with financial institutions and other private and public financing sources to purchase loans from financial institutions or provide loan guarantees to eligible applicants;

(5) Require each applicant to provide a farm business plan, including an overview of the type of agricultural operation the applicant anticipates conducting, and a management strategy for the project;

(6) Inform agricultural organizations and others in the state of the existence of the program established under section 901.80 of the Revised Code and of the financial assistance available under the program;

(7) Report to the governor, president of the senate, speaker of the house of representatives, and minority leaders of the senate and the house of representatives by the thirtieth day of June of each year on the activities carried out under the program during the preceding calendar year. The report shall include the number of loans purchased or loan guarantees made that year, the amount of each such loan or loan guarantee, the county in which the loan recipient's farm is located, and whatever other information the director determines is relevant to include.

(8) Adopt rules in accordance with Chapter 119. of the Revised Code establishing all of the following with regard to the program:

(a) Forms and procedures by which eligible applicants may apply for financial assistance;

(b) Criteria for reviewing, evaluating, and ranking applications, and for approving applications that best serve the goals of the program;

(c) Reporting requirements and monitoring procedures;

(d) Interest rates, payment schedules, loan transfer provisions, penalties, including penalties for the conversion of land devoted exclusively to agricultural use as defined in section 5713.30 of the Revised Code, and other terms and conditions for loans purchased and loan guarantees provided under the program;

(e) Criteria for determining whether the location at which the applicant proposes to use financial assistance provided under the program is in an area in which agriculture is the primary land use at the time the application is made and whether the land at that location reasonably may not be expected to be converted to a nonagricultural use during the period of time that the applicant's obligation to repay the loan remains outstanding;

(f) Any other rules necessary to implement and administer the program.

(B) In order to be eligible for financial assistance under section 901.80 of the Revised Code, an applicant shall demonstrate all of the following:

(1) That the applicant is domiciled in this state;

(2) That the applicant is unable to obtain sufficient financing from commercial or agricultural lending sources;

(3) That the applicant has the ability to repay the loan, primarily from the cash flow of the proposed farming operation, and that there is adequate security for the loan;

(4) That the applicant has sufficient education, training, or experience in the type of farming for which the applicant requests the financial assistance;

(5) That there are no zoning restrictions, environmental regulations, or other impairments to the use of the land for the purpose intended;

(6) That the location at which the applicant proposes to use the financial assistance is in an area in which agriculture is the primary land use at the time the application is made and that the land at that location reasonably may not be expected to be converted to a nonagricultural use during the period of time that the applicant's obligation to repay the financial assistance remains outstanding. In demonstrating the information required under division (B)(5) of this section, the applicant shall utilize criteria established in rules adopted under division (A)(8)(e) of this section.

Sec. 901.83. (A) Upon approval by the controlling board DIRECTOR OF BUDGET AND MANAGEMENT OR THE DIRECTOR'S DESIGNEE under division (A)(3) of section 901.82 of the Revised Code of the release of money to be used for a loan guarantee under the program established under section 901.80 of the Revised Code, the financial institution providing the loan and the director of agriculture shall enter into a contract of guarantee establishing the terms of the guarantee.

Under the contract of guarantee, the director of agriculture shall agree to deposit with the financial institution the amount of a loan guarantee consisting of money released by the controlling board DIRECTOR OF BUDGET AND MANAGEMENT OR THE DIRECTOR'S DESIGNEE for that purpose, in an amount that is a specified percentage of the amount loaned to the eligible applicant by the financial institution. The director shall agree that if the loan recipient defaults on the loan and the financial institution exhausts all legal and equitable remedies as specified in the contract of guarantee in an attempt to obtain complete repayment, but does not receive complete repayment, then the loan guarantee shall be used to reimburse the financial institution.

In exchange, the financial institution shall agree to pay annually to the department of development a specified percentage of the amount of the loan guarantee, which shall be deposited into the family farm loan fund created in section 166.031 of the Revised Code. The financial institution also shall agree to lend the guaranteed portion of the loan to the eligible applicant at an interest rate below current market rates that reflects the state's reduced interest rate.

(B) A guaranteed financial institution, except to the extent that its rights are restricted by the contract of guarantee, may protect and enforce, by any suitable form of legal proceedings, any of its rights granted under the laws of this state or granted by the contract of guarantee. Such rights include the right to compel performance of all duties of the director required by the contract of guarantee. The person who is the director at the time the contract of guarantee is entered into or at a later time, and the director's officers or employees, are not liable in their personal capacities on any contract of guarantee entered into by the director.

(C) The total amount of loan guarantees provided to any one financial institution shall not exceed five hundred thousand dollars. For the purposes of this division, "financial institution" refers to the financial institution as a whole corporate entity, and does not refer to a banking office or branch, as those terms are defined in section 1101.01 of the Revised Code.

Sec. 3315.01. (A) Except as provided in division (B) of this section and notwithstanding sections 3315.12 and 3315.14 of the Revised Code, the board of education of any school district may adopt a resolution requiring the treasurer of the district to credit the earnings made on the investment of the principal of the moneys specified in the resolution to the fund from which the earnings arose or any other fund of the district as the board specifies in its resolution.

(B) This section does not apply to the earnings made on the investment of the bond retirement fund, the sinking fund, A PROJECT CONSTRUCTION FUND ESTABLISHED PURSUANT TO SECTIONS 3318.01 TO 3318.20 of the Revised Code, or the payments received by school districts pursuant to division (L) of section 3317.024 of the Revised Code.

Sec. 3316.03. (A) The auditor of state shall declare a school district to be in a state of fiscal watch if the auditor of state determines that division (A)(1), (2), or (3) of this section applies to the school district:

(1) All of the following conditions are satisfied with respect to the school district:

(a) An operating deficit has been certified for the current fiscal year by the auditor of state under section 3313.483 of the Revised Code, and the certified operating deficit exceeds eight per cent of the school district's general fund revenue for the preceding fiscal year;

(b) The unencumbered cash balance in the school district's general fund at the close of the preceding fiscal year, less any advances of property taxes, was less than eight per cent of the expenditures made from the general fund for the preceding fiscal year;

(c) A majority of the voting electors have not voted in favor of levying a tax under section 5705.194 or 5705.21 or Chapter 5748. of the Revised Code that the auditor of state expects will raise enough additional revenue in the next succeeding fiscal year that divisions (A)(1)(a) and (b) of this section will not apply to the district in such next succeeding fiscal year.

(2) The school district has outstanding securities issued under division (A)(4) of section 3316.06 of the Revised Code and its financial planning and supervision commission has been terminated under section 3316.16 of the Revised Code.

(3) The school district has received an advancement under section 3316.20 of the Revised Code.

(B) The auditor of state, after consulting with the superintendent of public instruction, shall issue an order declaring a school district to be in a state of fiscal emergency if the auditor of state determines that division (B)(1), (2), (3), or (4) of this section applies to the school district:

(1) All of the following conditions are satisfied with respect to the school district:

(a) The board of education of the school district is not able to demonstrate, to the auditor of state's satisfaction, the district's ability to repay outstanding loans received pursuant to section 3313.483 of the Revised Code or to repay securities issued pursuant to section 133.301 of the Revised Code in accordance with applicable repayment schedules unless the board requests additional loans under section 133.301 of the Revised Code in an aggregate principal amount exceeding fifty per cent of the sum of the following:

(i) The aggregate original principal amount of loans received in the preceding fiscal year under section 3313.483 of the Revised Code;

(ii) The aggregate amount borrowed by the district under section 133.301 of the Revised Code, excluding any additional amount borrowed as authorized under division (C) of that section.

(b) An operating deficit has been certified for the current fiscal year by the auditor of state under section 3313.483 of the Revised Code, and the certified operating deficit exceeds fifteen per cent of the school district's general fund revenue for the preceding fiscal year. In determining the amount of an operating deficit under division (B)(1)(b) of this section, the auditor of state shall credit toward the amount of that deficit only the amount that may be borrowed from the spending reserve balance as determined under section 133.301 and division (F) of section 5705.29 of the Revised Code.

(c) A majority of the voting electors have not voted in favor of levying a tax under section 5705.194 or 5705.21 or Chapter 5748. of the Revised Code that the auditor of state expects will raise enough additional revenue in the next succeeding fiscal year that divisions (A)(1)(a) and (b) of this section will not apply to the district in such next succeeding fiscal year.

(d) The school district is one that, at the time of the auditor of state's determination under this section, had a total student count of more than ten thousand students as most recently determined by the department of education pursuant to section 3317.03 of the Revised Code.

(2) The school district board fails, pursuant to section 3316.04 of the Revised Code, to submit a plan acceptable to the state superintendent of public instruction within one hundred twenty days of the auditor of state's declaration under division (A) of this section;

(3) A declaration of fiscal emergency is required by division (D) of section 3316.04 of the Revised Code;

(4) The school district has received more than one advancement under section 3316.20 of the Revised Code within a two-year period, or has received only one such advancement but also has an operating deficit as described in division (B)(1)(b) of this section.

(C) In making the determinations under this section, the auditor of state may use financial reports required under section 117.43 of the Revised Code; tax budgets, certificates of estimated resources and amendments thereof, annual appropriating measures and spending plans, and any other documents or information prepared pursuant to Chapter 5705. of the Revised Code; and any other documents, records, or information available to the auditor of state that indicate the conditions described in divisions (A) and (B) of this section.

(D) The auditor of state shall certify the action taken under division (A) or (B) of this section to the board of education of the school district, the director of budget and management, the mayor or county auditor who could be required to act pursuant to division (B)(1) of section 3316.05 of the Revised Code, and to the superintendent of public instruction.

(E) A determination by the auditor of state under this section that a fiscal emergency condition does not exist is final and conclusive and not appealable. A determination by the auditor of state under this section that a fiscal emergency exists is final, except that the board of education of the school district affected by such a determination may appeal the determination of the existence of a fiscal emergency condition to the court of appeals having territorial jurisdiction over the school district. The appeal shall be heard expeditiously by the court of appeals and for good cause shown shall take precedence over all other civil matters except earlier matters of the same character. Notice of such appeal must be filed with the auditor of state and such court within thirty days after certification by the auditor of state to the board of education of the school district provided for in division (D) of this section. In such appeal, determinations of the auditor of state shall be presumed to be valid and the board of education shall have the burden of proving, by clear and convincing evidence, that each of the determinations made by the auditor of state as to the existence of a fiscal emergency condition under this section was in error. If the board of education fails, upon presentation of its case, to prove by clear and convincing evidence that each such determination by the auditor of state was in error, the court shall dismiss the appeal. The board of education and the auditor of state may introduce any evidence relevant to the existence or nonexistence of such fiscal emergency conditions. The pendency of any such appeal shall not affect or impede the operations of this chapter; no restraining order, temporary injunction, or other similar restraint upon actions consistent with this chapter shall be imposed by the court or any court pending determination of such appeal; and all things may be done under this chapter that may be done regardless of the pendency of any such appeal. Any action taken or contract executed pursuant to this chapter during the pendency of such appeal is valid and enforceable among all parties, notwithstanding the decision in such appeal. If the court of appeals reverses the determination of the existence of a fiscal emergency condition by the auditor of state, the determination no longer has any effect, and any procedures undertaken as a result of the determination shall be terminated.

Sec. 3317.0212. Divisions (B) and (C) of this section do not apply to a school district with a formula ADM of one hundred fifty or less.

(A) As used in this section:

(1) "Fundamental FY 1997 state aid" or "fundamental FY 1998 state aid" for a district means the total amount of state money received by the district in FOR the applicable fiscal year as reported on the department of education's form "SF-12," adjusted as follows:

(a) Minus the amount for transportation;

(b) Minus any amounts for approved preschool handicapped units;

(c) Minus any additional amount attributable to the reappraisal guarantee of division (C) of section 3317.04 of the Revised Code;

(d) Plus the amount deducted for payments to an educational service center;

(e) Plus an estimated portion of the state money distributed in the applicable fiscal year to other school districts or educational service centers for approved units, other than preschool handicapped or gifted education units, attributable to the costs of providing services in those units to students entitled to attend school in the district;

(f) Minus an estimated portion of the state money distributed to the school district in the applicable fiscal year for approved units, other than preschool handicapped units or gifted education units, attributable to the costs of providing services in those units to students entitled to attend school in another school district;

(g) Plus any additional amount paid in the applicable fiscal year pursuant to the vocational education recomputation required by Section 45.12 of Amended Substitute House Bill No. 117 of the 121st general assembly or former Section 50.22 of Amended Substitute House Bill No. 215 of the 122nd general assembly;

(h) Plus any additional amount paid in the applicable fiscal year pursuant to the special education recomputation required by former division (I) of section 3317.023 of the Revised Code;

(i) Plus any amount paid for equity aid in the applicable fiscal year under section 3317.0213 of the Revised Code;

(j) PLUS ANY AMOUNT RECEIVED FOR THE APPLICABLE FISCAL YEAR PURSUANT TO SECTION 3317.027 OF THE REVISED CODE;

(k) PLUS ANY AMOUNT RECEIVED FOR THE APPLICABLE FISCAL YEAR RESULTING FROM A RECOMPUTATION MADE UNDER DIVISION (B) OF SECTION 3317.022 of the Revised Code.

(2) "Enhanced FY 1998 state aid" for a district means its fundamental FY 1998 state aid plus any amounts for which the district was eligible pursuant to division (K) of section 3317.024 of the Revised Code, as that division existed in fiscal year 1998.

(3) "State basic aid" for a district in FOR any fiscal year after fiscal year 1998 means the sum of the following:

(a) The amount computed for the district for basic formula aid and special education funding under divisions (A), (B), and (C)(1) of section 3317.022 and sections 3317.025 to 3317.028 AND 3317.027 of the Revised Code and DPIA aid under section 3317.029 of the Revised Code in the current fiscal year before any deduction or credit required by division (B), (D), (E), (F), (G), (H), (I), (J), or (K) of section 3317.023 or division (J) of section 3317.029 of the Revised Code;

(b) Any amounts for which the district is eligible pursuant to division (C) of section 3317.023, divisions (G) and (P) of section 3317.024, and division (B) of section 3317.162 of the Revised Code;

(c) Any equity aid for which the district is eligible under section 3317.0213 of the Revised Code.

(B) Upon request of the department of education, the treasurer of any school district or educational service center shall furnish data needed to calculate the amounts specified in divisions (A)(1)(e) and (f) of this section. The department shall compute the state basic aid guarantee for each school district for the fiscal year as follows:

(1) Subtract the amount of state basic aid from the amount of fundamental FY 1998 state aid. If a negative number, this computation shall be deemed to be zero.

(2) Compute the following amounts:

(a) Formula ADM X (state basic aid/formula ADM);

(b) The greater of formula ADM or three-year average formula ADM X (fundamental FY 1998 state aid/FY 1998 ADM).

(3) If the amount computed under division (B)(2)(b) of this section is greater than the amount computed under division (B)(2)(a) of this section, determine the amount by which it is greater. If the amount computed under division (B)(2)(b) of this section is not greater than the amount computed under division (B)(2)(a) of this section, this computation shall be deemed to be zero.

(4) Except as provided in division (C) of this section, the department shall determine for each district the lesser of the amounts computed in divisions (B)(1) and (3) of this section and, if greater than zero, pay the district that amount.

(C) In fiscal year 1999, the department shall calculate for each district the sum of the district's state basic aid for fiscal year 1999 plus the transportation portion of state aid computed under division (D) of section 3317.022 of the Revised Code for the district for fiscal year 1999. If a district's enhanced FY 1998 state aid is greater than that sum, then the department shall pay the district in fiscal year 1999 one hundred per cent of the difference or the amount required by division (B)(4) of this section, whichever is greater.

(D)(1) The state basic aid guarantee in any fiscal year for a school district with a formula ADM of one hundred fifty or less shall be the greatest of the following amounts:

(a) The district's state basic aid for the fiscal year;

(b) The district's fundamental FY 1998 state aid;

(c) The district's fundamental FY 1997 state aid;

(2) If in any fiscal year the state basic aid for a school district with a formula ADM of one hundred fifty or less is less than the guarantee amount determined for the district under division (D)(1) of this section, the department of education shall pay the district the amount of the difference.

Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and (C) of this section, any student enrolled in kindergarten more than half time shall be reported as one-half student under this section.

(A) The superintendent of each city and exempted village school district and of each educational service center shall, for the schools under the superintendent's supervision, certify to the state board of education on or before the fifteenth day of October in each year for the first full school week in October the formula ADM, which shall consist of the average daily membership during such week of the sum of the following:

(1) On an FTE basis, the number of students in grades kindergarten through twelve receiving any educational services from the district, except that the following categories of students shall not be included in the determination:

(a) Students enrolled in adult education classes;

(b) Adjacent or other district students enrolled in the district under an open enrollment policy pursuant to section 3313.98 of the Revised Code;

(c) Students receiving services in the district pursuant to a compact, cooperative education agreement, or a contract, but who are entitled to attend school in another district pursuant to section 3313.64 or 3313.65 of the Revised Code;

(d) Students for whom tuition is payable pursuant to sections 3317.081 and 3323.141 of the Revised Code.

(2) On an FTE basis, the number of students entitled to attend school in the district pursuant to section 3313.64 or 3313.65 of the Revised Code, but receiving educational services in grades kindergarten through twelve from one or more of the following entities:

(a) A community school pursuant to Chapter 3314. of the Revised Code or Section 50.52 of Amended Substitute House Bill No. 215 of the 122nd general assembly;

(b) An alternative school pursuant to sections 3313.974 to 3313.979 of the Revised Code as described in division (I)(2)(a) or (b) of this section;

(c) A college pursuant to Chapter 3365. of the Revised Code;

(d) An adjacent or other school district under an open enrollment policy adopted pursuant to section 3313.98 of the Revised Code;

(e) An educational service center or cooperative education district;

(f) Another school district under a cooperative education agreement, compact, or contract.

(3) One-fourth of the number of students enrolled in a joint vocational school district OR UNDER A VOCATIONAL EDUCATION COMPACT;

(4) The number of handicapped children, other than handicapped preschool children, entitled to attend school in the district pursuant to section 3313.64 or 3313.65 of the Revised Code who are placed with a county MR/DD board, minus the number of such children placed with a county MR/DD board in fiscal year 1998. If this calculation produces a negative number, the number reported under division (A)(4) of this section shall be zero.

(B) To enable the department of education to obtain the data needed to complete the calculation of payments pursuant to this chapter, in addition to the formula ADM, each superintendent shall report separately the following student counts:

(1) The total average daily membership in regular day classes included in the report under division (A)(1) or (2) of this section for kindergarten, and each of grades one through twelve in schools under the superintendent's supervision;

(2) The average daily membership of all handicapped preschool children included in a unit approved for the district under section 3317.05 of the Revised Code, in accordance with rules adopted under that section;

(3) The number of children entitled to attend school in the district pursuant to section 3313.64 or 3313.65 of the Revised Code who are participating in a pilot project scholarship program established under sections 3313.974 to 3313.979 of the Revised Code as described in division (I)(2)(a) or (b) of this section, are enrolled in a college under Chapter 3365. of the Revised Code, are enrolled in an adjacent or other school district under section 3313.98 of the Revised Code, are enrolled in a community school established under Chapter 3314. of the Revised Code or Section 50.52 of Amended Substitute House Bill No. 215 of the 122nd general assembly, or are participating in a program operated by a county MR/DD board or a state institution;

(4) The number of pupils enrolled in joint vocational schools;

(5) The average daily membership of handicapped children reported under division (A)(1) or (2) of this section receiving category one special education services, described in division (A) of section 3317.013 of the Revised Code;

(6) The average daily membership of handicapped children reported under division (A)(1) or (2) of this section receiving category two special education services, described in division (B) of section 3317.013 of the Revised Code;

(7) The average daily membership of handicapped children reported under division (A)(1) or (2) of this section identified as having any of the handicaps specified in division (F)(3) of section 3317.02 of the Revised Code;

(8) The average daily membership of pupils reported under division (A)(1) or (2) of this section enrolled in vocational education programs or classes operated by the school district or by another district other than a joint vocational school district or by an educational service center;

(9) The average number of children transported by the school district on board-owned or contractor-owned and operated buses, reported in accordance with rules adopted by the department of education;

(10)(a) The number of children, other than handicapped preschool children, the district placed with a county MR/DD board in fiscal year 1998;

(b) The number of handicapped children, other than handicapped preschool children, placed with a county MR/DD board in the current fiscal year to receive category one special education services, described in division (A) of section 3317.013 of the Revised Code;

(c) The number of handicapped children, other than handicapped preschool children, placed with a county MR/DD board in the current fiscal year to receive category two special education services, described in division (B) of section 3317.013 of the Revised Code;

(d) The number of handicapped children, other than handicapped preschool children, placed with a county MR/DD board in the current fiscal year to receive category three special education services, described in division (F)(3) of section 3317.02 of the Revised Code.

(C) Except as otherwise provided in this section for kindergarten students, the average daily membership in divisions (B)(1) to (8) of this section shall be based upon the number of full-time equivalent students. The state board of education shall adopt rules defining full-time equivalent students and for determining the average daily membership therefrom for the purposes of divisions (A) and (B) of this section. No child shall be counted as more than a total of one child in the sum of the average daily memberships of a school district under division (A) or under divisions (B)(1) to (8) of this section. Based on the information reported under this section, the department of education shall determine the total student count, as defined in section 3301.011 of the Revised Code, for each school district.

(D) The superintendent of each joint vocational and cooperative education school district shall certify to the superintendent of public instruction, in a manner prescribed by the state board of education, the applicable average daily memberships for all students in the joint vocational or cooperative education school district, also indicating the city, local, or exempted village school district of residence for each pupil.

(E) In each school of each city, local, exempted village, joint vocational, and cooperative education school district there shall be maintained a record of school membership, which record shall accurately show, for each day the school is in session, the actual membership enrolled in regular day classes. For the purpose of determining average daily membership, the membership figure of any school shall not include any pupils except those pupils described by division (A) of this section. The record of membership for each school shall be maintained in such manner that no pupil shall be counted as in membership prior to the actual date of entry in the school and also in such manner that where for any cause a pupil permanently withdraws from the school that pupil shall not be counted as in membership from and after the date of such withdrawal. There shall not be included in the membership of any school any of the following:

(1) Any pupil who has graduated from the twelfth grade of a public high school;

(2) Any pupil who is not a resident of the state;

(3) Any pupil who was enrolled in the schools of the district during the previous school year when tests were administered under section 3301.0711 of the Revised Code but did not take one or more of the tests required by that section and was not excused pursuant to division (C)(1) of that section;

(4) Any pupil who has attained the age of twenty-two years, except for the following:

(a) Persons suffering from tuberculosis and receiving treatment in any approved state, county, district, or municipal tuberculosis hospital who have not graduated from the twelfth grade of a public high school;

(b) Veterans of the armed services whose attendance was interrupted before completing the recognized twelve-year course of the public schools by reason of induction or enlistment in the armed forces and who apply for reenrollment in the public school system of their residence not later than four years after termination of war or their honorable discharge.

If, however, any veteran described by division (E)(4)(b) of this section elects to enroll in special courses organized for veterans for whom tuition is paid under the provisions of federal laws, or otherwise, that veteran shall not be included in average daily membership.

Notwithstanding division (E)(3) of this section, the membership of any school may include a pupil who did not take a test required by section 3301.0711 of the Revised Code if the superintendent of public instruction grants a waiver from the requirement to take the test to the specific pupil. The superintendent may grant such a waiver only for good cause in accordance with rules adopted by the state board of education.

The average daily membership figure of any local, city, or exempted village school district shall be determined by dividing the figure representing the sum of the number of pupils enrolled during each day the school of attendance is actually open for instruction during the first full school week in October by the total number of days the school was actually open for instruction during that week. For purposes of state funding, "enrolled" persons are only those pupils who are attending school, those who have attended school during the current school year and are absent for authorized reasons, and those handicapped children currently receiving home instruction.

The average daily membership figure of any joint vocational or cooperative education school district shall be determined in accordance with rules adopted by the state board of education.

(F)(1) If the formula ADM for the first full school week in February is at least three per cent greater than that certified for the first full school week in the preceding October, the superintendent of schools of any city or exempted village school district or educational service center shall certify such increase to the superintendent of public instruction. Such certification shall be submitted no later than the fifteenth day of February. For the balance of the fiscal year, beginning with the February payments, the superintendent of public instruction shall use the increased formula ADM in calculating or recalculating the amounts to be allocated in accordance with section 3317.022 of the Revised Code. In no event shall the superintendent use an increased membership certified to the superintendent after the fifteenth day of February.

(2) If during the first full school week in February the total number of units for handicapped preschool children that are eligible for approval under division (B) of section 3317.05 of the Revised Code exceeds the number of such units that have been approved for the year under such division, the superintendent of schools of any city, exempted village, or cooperative education school district or educational service center shall make the certifications required by this section for such week. If the state board of education determines additional units can be approved for the fiscal year within any limitations set forth in the acts appropriating moneys for the funding of such units, the board shall approve additional units for the fiscal year on the basis of such average daily membership. For each unit so approved, the department of education shall pay an amount computed in the manner prescribed in section 3317.161 or 3317.19 and section 3317.162 of the Revised Code.

(3) If during the first full school week in February the total number of special education units that are eligible for approval under division (D)(1) of section 3317.05 of the Revised Code for a joint vocational school district exceeds the number of those units that have been approved for the year under that division, the superintendent of the district shall make the certifications required by this section for that week. If the state board of education determines additional units can be approved for the fiscal year within any limitations set forth in the acts appropriating moneys for the funding of such units, the state board shall approve additional units for the fiscal year on the basis of the average daily membership certified. For each unit approved, the department of education shall pay an amount computed in the manner prescribed by section 3317.16 of the Revised Code.

(G)(1)(a) The superintendent of an institution operating a special education program pursuant to section 3323.091 of the Revised Code shall, for the programs under such superintendent's supervision, certify to the state board of education the average daily membership of all handicapped children in classes or programs approved annually by the state board of education, in the manner prescribed by the superintendent of public instruction.

(b) The superintendent of an institution with vocational education units approved under division (A) of section 3317.05 of the Revised Code shall, for the units under the superintendent's supervision, certify to the state board of education the average daily membership in those units, in the manner prescribed by the superintendent of public instruction.

(2) The superintendent of each county MR/DD board that maintains special education classes or units approved by the state board of education pursuant to section 3317.05 of the Revised Code shall do both of the following:

(a) Certify to the state board, in the manner prescribed by the board, the average daily membership in classes and units approved under division (D)(1) of section 3317.05 of the Revised Code for each school district that has placed children in the classes or units;

(b) Certify to the state board, in the manner prescribed by the board, the average daily membership in preschool handicapped units approved under division (B) of section 3317.05 of the Revised Code.

(3) If during the first full school week in February the average daily membership of the classes or units maintained by the county MR/DD board that are eligible for approval under division (D)(1) of section 3317.05 of the Revised Code is greater than the average daily membership for the preceding October, the superintendent of the board shall make the certifications required by this section for such week and, if during the first full school week in February the average daily membership of the units maintained by the county MR/DD board that are eligible for approval under division (B) of section 3317.05 of the Revised Code is greater than the average daily membership for the preceding October, the superintendent shall certify the average daily membership for the first full school week in February for such units to the state board of education. If the state board determines that additional classes or units can be approved for the fiscal year within any limitations set forth in the acts appropriating moneys for the funding of such classes and units, the board shall approve and fund additional units for the fiscal year on the basis of such average daily membership. For each unit so approved, the department of education shall pay an amount computed in the manner prescribed in sections 3317.161 and 3317.162 of the Revised Code.

(H) Except as provided in division (I) of this section, when any city, local, or exempted village school district provides instruction for a nonresident pupil whose attendance is unauthorized attendance as defined in section 3327.06 of the Revised Code, that pupil's membership shall not be included in that district's membership figure used in the calculation of that district's formula ADM or included in the determination of any unit approved for the district under section 3317.05 of the Revised Code. The reporting official shall report separately the average daily membership of all pupils whose attendance in the district is unauthorized attendance, and the membership of each such pupil shall be credited to the school district in which the pupil is entitled to attend school under division (B) of section 3313.64 or section 3313.65 of the Revised Code as determined by the department of education.

(I)(1) A school district admitting a scholarship student of a pilot project district pursuant to division (C) of section 3313.976 of the Revised Code may count such student in its average daily membership.

(2) In any year for which funds are appropriated for pilot project scholarship programs, a school district implementing a state-sponsored pilot project scholarship program that year pursuant to sections 3313.974 through 3313.979 of the Revised Code may count in average daily membership:

(a) All children residing in the district and utilizing a scholarship to attend kindergarten in any alternative school, as defined in division (A)(9) of section 3313.974 of the Revised Code;

(b) All children who were enrolled in the district in the preceding year who are utilizing a scholarship to attend any such alternative school.

Sec. 3318.03. Upon conducting the on-site evaluation under section 3318.02 of the Revised Code, the Ohio school facilities commission shall make a determination of the practicabilty of meeting the district's classroom facility needs as indicated in division (B)(2) of section 3318.02 of the Revised Code; the ALL OF THE FOLLOWING:

(A) THE needs of the school district for additional classroom facilities; the

(B) THE number of classroom facilities to be included in a project and the basic project cost of constructing, acquiring, reconstructing, or making additions to each such facility; the

(C) THE amount of such cost that the school district can supply from available funds, by the issuance of bonds previously authorized by the electors of the school district the proceeds of which can lawfully be used for the project, and by the issuance of bonds under section 3318.05 of the Revised Code; and the

(D) THE remaining amount of such cost that shall be supplied by the state;

(E) IF THE STATE'S PORTION OF THE BASIC PROJECT COST EXCEEDS FORTY MILLION DOLLARS, THE AMOUNT OF THE STATE'S PORTION TO BE ENCUMBERED IN ACCORDANCE WITH SECTION 3318.11 OF THE REVISED CODE IN THE CURRENT AND SUBSEQUENT FISCAL BIENNIUMS FROM FUNDS APPROPRIATED FOR PURPOSES OF SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE. The

THE commission shall make a determination in favor of constructing, acquiring, reconstructing, or making additions to a classroom facility only upon evidence that the proposed project conforms to sound educational practice, that it is in keeping with the orderly process of school district reorganization and consolidation, and that the actual or projected enrollment in each classroom facility proposed to be included in the project is at least three hundred fifty pupils. Exceptions shall be authorized only in those districts where topography, sparcity SPARSITY of population, and other factors make larger schools impracticable.

Sections 125.81 and 153.04 of the Revised Code shall not apply to classroom facilities constructed under sections 3318.01 to 3318.20 of the Revised Code.

Sec. 3318.04. If the Ohio school facilities commission makes a determination under section 3318.03 of the Revised Code in favor of constructing, acquiring, reconstructing, or making additions to a classroom facility, the project shall be conditionally approved. Such conditional approval shall be submitted to the controlling board for approval thereof. The controlling board shall forthwith approve or reject the commission's determination, conditional approval, and the amount of the state's portion of the basic project cost, AND, IF THE STATE'S PORTION EXCEEDS FORTY MILLION DOLLARS, THE AMOUNT OF THE STATE'S PORTION TO BE ENCUMBERED IN THE CURRENT FISCAL BIENNIUM. In the event of approval thereof by the controlling board, the commission shall certify such conditional approval to the school district board and shall encumber from the total funds appropriated for the purpose of sections 3318.01 to 3318.20 of the Revised Code the amount of the state's portion of the basic project cost OR, IF THE STATE'S PORTION EXCEEDS FORTY MILLION DOLLARS, THE AMOUNT APPROVED UNDER THIS SECTION TO BE ENCUMBERED IN THE CURRENT FISCAL BIENNIUM.

The basic project cost for a project approved under this section shall not exceed the cost that would otherwise have to be incurred if the classroom facilities to be constructed, acquired, or reconstructed, or the additions to be made to classroom facilities, under such project meet, but do not exceed, the specifications for plans and materials for classroom facilities adopted by the commission.

No school district shall have a project conditionally approved pursuant to this section if the project includes the reconstruction of, or the making of additions to, any classroom facilities that were constructed, acquired, reconstructed, or added to as part of a project funded under any version of sections 3318.01 to 3318.20 of the Revised Code, and the prior project was one for which the electors of such district approved a levy within the last ten years pursuant to any version of section 3318.06 of the Revised Code for purposes of qualifying for the funding of that project.

Sec. 3318.11. FOR ANY PROJECT FOR WHICH THE STATE'S PORTION OF THE BASIC PROJECT COST EXCEEDS FORTY MILLION DOLLARS, THE AMOUNT OF STATE APPROPRIATIONS TO BE ENCUMBERED FOR THE PROJECT IN EACH FISCAL BIENNIUM SHALL BE DETERMINED BY THE OHIO SCHOOL FACILITIES COMMISSION BASED ON THE PROJECT'S ESTIMATED CONSTRUCTION SCHEDULE FOR THAT BIENNIUM. IN EACH FISCAL BIENNIUM SUBSEQUENT TO THE FIRST BIENNIUM IN WHICH STATE APPROPRIATIONS ARE ENCUMBERED FOR THE PROJECT, THE PROJECT HAS PRIORITY FOR STATE FUNDS OVER PROJECTS FOR WHICH INITIAL STATE FUNDING IS SOUGHT.

Sec. 3318.12. The Ohio school facilities commission shall cause to be transferred to the school district's project construction fund the necessary amounts from amounts appropriated by the general assembly and set aside for such purpose, from time to time as may be necessary to pay obligations chargeable to such fund when due. The ALL INVESTMENT EARNINGS OF A SCHOOL DISTRICT'S PROJECT CONSTRUCTION FUND SHALL BE CREDITED TO THE FUND.

THE treasurer of the school district board shall disburse funds from the school district's project construction fund, INCLUDING INVESTMENT EARNINGS CREDITED TO THE FUND, only upon the approval of the commission or the commission's designated representative. The commission or the commission's designated representative shall issue vouchers against such fund, in such amounts, and at such times as required by the contracts for construction of the project.

AFTER THE PROJECT HAS BEEN COMPLETED:

(A) ANY INVESTMENT EARNINGS REMAINING IN THE PROJECT CONSTRUCTION FUND THAT ARE ATTRIBUTABLE TO THE SCHOOL DISTRICT'S CONTRIBUTION TO THE FUND SHALL BE TRANSFERRED TO THE DISTRICT'S MAINTENANCE FUND REQUIRED BY DIVISION (B) OF SECTION 3318.05 OF THE REVISED CODE, AND THE MONEY SHALL BE USED SOLELY FOR MAINTAINING THE CLASSROOM FACILITIES INCLUDED IN THE PROJECT.

(B) ANY INVESTMENT EARNINGS REMAINING IN THE PROJECT CONSTRUCTION FUND THAT ARE ATTRIBUTABLE TO THE STATE'S CONTRIBUTION TO THE FUND SHALL BE TRANSFERRED TO THE COMMISSION FOR EXPENDITURE PURSUANT TO SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE.

(C) Any OTHER surplus remaining in the school district's project construction fund after the project has been completed shall be transferred to the commission AND THE SCHOOL DISTRICT BOARD IN PROPORTION TO THEIR RESPECTIVE CONTRIBUTIONS TO THE FUND. THE COMMISSION SHALL USE THE MONEY TRANSFERRED TO IT UNDER THIS DIVISION for expenditure pursuant to sections 3318.01 to 3318.20 of the Revised Code; provided, that if the final cost of the project is less than the amount of moneys paid into the school district's project construction fund by the school district board, the amount by which the school district's contribution exceeds the actual cost shall be returned to the school district board.

Sec. 3318.15. There is hereby created the public school building fund within the state treasury consisting of all moneys received from the sale of classroom facilities pursuant to sections 3318.01 to 3318.20 of the Revised Code, any moneys transferred or appropriated to the fund by the general assembly, and any grants, gifts, or contributions received by the Ohio school facilities commission to be used for the purposes of the fund. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO THE FUND.

Moneys transferred or appropriated to the fund by the general assembly and moneys in the fund from grants, gifts, and contributions shall be used to acquire classroom facilities for sale to school districts pursuant to sections 3318.01 to 3318.20 of the Revised Code. The moneys in the fund received from the sale of classroom facilities shall be held in a separate account in the fund. Such moneys may be used partially to acquire additional classroom facilities for sale to school districts pursuant to sections 3318.01 to 3318.20 and partially to pay bond service charges as defined in division (C) of section 3318.21 of the Revised Code on obligations, the proceeds of which are deposited into the school districts facilities fund created in section 3318.23 of the Revised Code.

Sec. 3318.25. There is hereby created in the state treasury the school building program assistance fund. The fund shall consist of the proceeds of obligations issued for the purposes of such fund pursuant to section 3318.26 of the Revised Code that are payable from moneys in the lottery profits education fund created in section 3770.06 of the Revised Code. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO THE FUND. Moneys in the fund shall be used as directed by the Ohio school facilities commission for the cost to the state of acquiring classroom facilities for sale to school districts pursuant to sections 3318.01 to 3318.20 of the Revised Code.

Sec. 3333.071. (A) Notwithstanding section 3345.16 of the Revised Code, no expenditure shall be made for land for higher education purposes by public institutions of higher education or agents of such institutions from any fund without the approval of the board of regents and the controlling board. No state appropriation for capital improvements shall be released by the controlling board for the purchase of land or buildings from any organization or corporation which has been established to benefit or assist the institution, except that such releases may be made if the land is to be used for a currently state-financed improvement.

(B) SUBJECT TO DIVISION (A) OF THIS SECTION, ANY STATE UNIVERSITY OR COLLEGE MAY, PURSUANT TO SECTIONS 163.01 TO 163.22 OF THE REVISED CODE, APPROPRIATE REAL PROPERTY FOR ITS PURPOSES. AS USED IN THIS DIVISION, "STATE UNIVERSITY OR COLLEGE" HAS THE SAME MEANING AS IN DIVISION (A)(1) OF SECTION 3345.12 OF THE REVISED CODE AND "REAL PROPERTY" HAS THE SAME MEANING AS IN DIVISION (D) OF SECTION 163.01 OF THE REVISED CODE.

Sec. 3345.50. Notwithstanding anything to the contrary in sections 123.01, AND 123.15, and 153.01 to 153.20 of the Revised Code, a state university, the medical college of Ohio at Toledo, a state community college, or the northeastern Ohio universities college of medicine may locally administer a ANY CAPITAL FACILITIES project for the construction, reconstruction, improvement, renovation, enlargement, or alteration of a public improvement under its jurisdiction for which the total amount of funds expected to be appropriated by the general assembly does not exceed four million dollars without the supervision, control, or approval of the department of administrative services as specified in those sections, if both of the following occur:

(A) Within sixty days after the effective date of the section of an act in which the general assembly initially makes an appropriation for the project, the board of trustees of the institution notifies the Ohio board of regents in writing of its intent to administer the CAPITAL FACILITIES project locally;

(B) The board of trustees complies with the guidelines established pursuant to division (A) of section 125.101 153.16 of the Revised Code and all laws that govern the selection of consultants, preparation and approval of contract documents, receipt of bids, and award of contracts with respect to the project.

THE BOARD OF REGENTS SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH CRITERIA FOR THE ADMINISTRATION BY ANY SUCH INSTITUTION OF HIGHER EDUCATION OF A CAPITAL FACILITIES PROJECT FOR WHICH THE TOTAL AMOUNT OF FUNDS EXPECTED TO BE APPROPRIATED BY THE GENERAL ASSEMBLY EXCEEDS FOUR MILLION DOLLARS. THE CRITERIA, TO BE DEVELOPED WITH THE DEPARTMENT OF ADMINISTRATIVE SERVICES AND HIGHER EDUCATION REPRESENTATIVES SELECTED BY THE BOARD OF REGENTS, SHALL INCLUDE SUCH MATTERS AS THE ADEQUACY OF THE STAFFING LEVELS AND EXPERTISE NEEDED FOR THE INSTITUTION TO ADMINISTER THE PROJECT, PAST PERFORMANCE OF THE INSTITUTION IN ADMINISTERING SUCH PROJECTS, AND THE AMOUNT OF INSTITUTIONAL OR OTHER NONSTATE MONEY TO BE USED IN FINANCING THE PROJECT. THE BOARD OF REGENTS AND THE DEPARTMENT OF ADMINISTRATIVE SERVICES SHALL APPROVE THE REQUEST OF ANY SUCH INSTITUTION OF HIGHER EDUCATION THAT SEEKS TO ADMINISTER ANY SUCH CAPITAL FACILITIES PROJECT AND MEETS THE CRITERIA SET FORTH IN THE RULES AND IN THE REQUIREMENTS OF DIVISION (B) OF THIS SECTION.

Sec. 3379.10. (A) Recognizing this state's responsibility to foster culture and the arts and to encourage the development of artists and craftsmen CRAFTSPERSONS, the general assembly declares it a policy of this state that a portion of the money to be spent by state agencies on the construction or renovation of public buildings be spent on the acquisition of works of art to be placed in or on such buildings. In pursuit of this policy, there is hereby established the per cent for arts program, under which quality works of art are to be sold to such agencies by the Ohio arts council and, in the process, qualified professional artists are to be recognized.

(B) As used in this section:

(1) "Appropriation" does not include a reappropriation.

(2) "Proceeds" does not include the proceeds of bonds, notes, or other obligations issued in anticipation of the issuance of, or to refund, other bonds, notes, or other obligations.

(3) "Public building" means any building, facility, structure, or park built or renovated using state money, including any publicly owned lands or space surrounding or integral to the building, facility, structure, or park but not including:

(a) Parking lots, sidewalks, maintenance sheds, bridges, tunnels, sewers, trails, fishponds and fishways, or warehouses, unless such structures are adjuncts of the principal element of the project;

(b) Buildings of a temporary nature;

(c) Projects to correct any deficiencies or violations of a building or housing code enacted by law;

(d) Highway construction.

(4) "Renovation" does not include a project of which the principal purpose is the rehabilitation of plumbing, heating, ventilating, air conditioning, or electrical systems.

(5) "State agency" has the same meaning as in section 1.60 of the Revised Code and includes a state university or college, a community college established under Chapter 3354. of the Revised Code, or a technical college established under Chapter 3357. of the Revised Code.

(6) "Work of art" includes all forms of original creations of visual art, including, but not limited to:

(a) Paintings, including all media and both portable and permanently affixed works of art such as murals;

(b) Sculpture, including bas-relief, high relief, mobile, fountain, kinetic, environmental, electronic, and in-the-round sculpture;

(c) Prints, calligraphy, clay, drawings, stained glass, mosaics, photographs, fiber and textiles, wood, metal, plastics, and other materials or combination of materials;

(d) Mixed media, including any combination of forms of media.

(C) Except as otherwise provided in division (D) of this section, whenever more than four million dollars of state money, whether obtained from the sale of bonds or otherwise, is to be spent by a state agency on the construction or renovation of a public building, the agency that contracts for the construction or renovation, consistent with division (G) of this section, shall contract with the council to use one per cent of the state money appropriated for the project or, if applicable, one per cent of the nonappropriated state proceeds of bonds, notes, or other obligations authorized to be sold for the project, to purchase works of art from the council for display in or on the public building and to make related outlays under division (E) of this section. The council, subject to the approval of the director of budget and management, shall fix the prices at which it sells works of art for the project to the state agency contracting for construction or renovation. The calculation of whether more than four million dollars is to be spent shall not be cumulative but shall be based on the amount of each appropriation or each designation of nonappropriated state proceeds of bonds, notes, or other obligations authorized to be sold for a project.

(D)(1) Notwithstanding division (C) of this section, the director of budget and management, after consulting with the council about the matter, may determine that no state money, or a percentage less than one per cent of the amount specified in that division, shall be spent to purchase works of art from the council and to make related outlays under division (E) of this section if the director of budget and management feels that works of art would be out of place in or on the public building, that there will be little opportunity for public appreciation of works of art in or on the public building, that the value of some features or characteristics inherent in the architectural design of the public building should apply toward the one per cent requirement, or that the public building is or will be amply supplied with works of art even without works of art purchased from the council under division (C) of this section. The director of budget and management, in accordance with Chapter 119. of the Revised Code, may adopt, and may amend or rescind, rules establishing a procedure whereby state agencies may obtain from the director reconsideration of his determination under this division. The director shall make all final decisions with regard to whether and to what extent a construction or renovation project is subject to division (C) or (D) of this section

(2) NOT LATER THAN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF A SECTION OF AN ACT PROVIDING THAT MORE THAN FOUR MILLION DOLLARS OF STATE MONEY IS TO BE SPENT BY A STATE AGENCY ON THE CONSTRUCTION OR RENOVATION OF A PUBLIC BUILDING, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL PREPARE A PRELIMINARY REPORT LISTING EACH APPROPRIATION AND EACH DESIGNATION OF NONAPPROPRIATED STATE PROCEEDS MORE THAN FOUR MILLION DOLLARS FOR THE CONSTRUCTION OR RENOVATION OF A PUBLIC BUILDING, AND INDICATING THE AMOUNT OF THE APPROPRIATION OR DESIGNATION THAT SHALL BE SPENT FOR THE PER CENT FOR ARTS PROGRAM. THE AMOUNT SPECIFIED TO BE SPENT FOR THE PER CENT FOR ARTS PROGRAM AMOUNT SHALL TAKE INTO ACCOUNT ANY DETERMINATION MADE BY THE DIRECTOR UNDER DIVISION (D)(1) OF THIS SECTION. THE DIRECTOR SHALL SEND A COPY OF THE PRELIMINARY REPORT TO THE COUNCIL AND TO EACH STATE AGENCY THAT RECEIVED AN APPROPRIATION OR NONAPPROPRIATED STATE PROCEEDS OF MORE THAN FOUR MILLION DOLLARS FOR THE CONSTRUCTION OR RENOVATION OF A PUBLIC BUILDING UNDER THE ACT.

(3) NOT LATER THAN THIRTY DAYS AFTER THE DIRECTOR SENDS THE PRELIMINARY REPORT REQUIRED UNDER DIVISION (D)(2) OF THIS SECTION, A STATE AGENCY MAY DELIVER TO THE DIRECTOR OF BUDGET AND MANAGEMENT A REQUEST FOR THE DIRECTOR TO MAKE A DETERMINATION UNDER DIVISION (D)(1) OF THIS SECTION OR TO RECONSIDER A DETERMINATION MADE UNDER THAT DIVISION. IF THE DIRECTOR APPROVES THE REQUEST, THE DIRECTOR SHALL REVISE THE PRELIMINARY REPORT CONSISTENT WITH THE APPROVED REQUEST. NOT LATER THAN FORTY-FIVE DAYS AFTER SENDING A PRELIMINARY REPORT, THE DIRECTOR SHALL SEND A FINAL REPORT TO THE COUNCIL AND TO EACH STATE AGENCY REFERRED TO IN DIVISION (D)(2) OF THIS SECTION.

(E)(1) Where appropriated state money will be used to purchase works of art from the council under division (C) or (D) of this section, the state agency that has contracted to purchase the works of art shall make payment to the council for the works of art and related costs as follows:

(a) The state agency shall encumber sufficient money to pay for the purchase and installation of the works of art and shall authorize the council to make payments against those encumbrances for the purchase and installation of the works of art. The council shall use the encumbered money to acquire and install the works of art.

(b) If the council expects to make expenditures in connection with the selection of artists for a specific project, including expenditures for printing or for jurors, the council shall estimate the amount of such expenditures it expects to make and certify that amount to the state agency and to the director of budget and management. Upon determining that there is an unobligated balance in an appropriation for the state agency that may be used for the purpose, the director of budget and management shall transfer the amount certified from the appropriation to the per cent for art acquisitions fund, which is hereby created in the state treasury, on an intrastate transfer voucher. The fund shall be used by the council to pay costs it incurs in connection with the selection of artists for specific projects, including costs for printing and for jurors.

All amounts encumbered or transferred under division (E)(1)(a) or (b) of this section shall be applied toward the percentage requirement of division (C) or (D) of this section.

(2) Where nonappropriated state proceeds of bonds, notes, or other obligations will be used to purchase works of art from the council under division (C) or (D) of this section, the state agency that has contracted to purchase the works of art shall make payment to the council for the works of art and related costs as follows:

(a) The council shall submit to the state agency invoices requesting payment for the purchase and installation of the works of art.

(b) If the council expects to make expenditures in connection with the selection of artists for a specific project, including expenditures for printing or for jurors, the council shall estimate the amount of such expenditures it expects to make and submit to the state agency invoices requesting payment in that amount. The state agency shall promptly remit payment to the council in the amounts of all such invoices. Such remittances shall be deposited in the state treasury to the credit of the per cent for art acquisitions fund.

All amounts remitted under this division shall be applied toward the percentage requirement of division (C) or (D) of this section.

(F) The council shall consult with the chief executive officer, or his THE OFFICER'S designee, of either the state agency spending state money on the construction or renovation or the state agency or agencies occupying or to occupy a public building for which the council will supply a work of art, or both, before making decisions about the following:

(1) Which works of art will be purchased and on which sites they will be placed;

(2) Which artists, if any, will be commissioned to create a work of art;

(3) The sale, exchange, and disposition of works of art used in the program.

(G) The council shall make all final decisions in regard to the matters described in divisions (F)(1) to (3) of this section.

(H) Each state agency that has purchased works of art from the council under division (C) or (D) of this section shall maintain the works of art and pay the costs of maintenance. Money spent by the agency for maintenance of the works of art shall not be applied toward the percentage requirement of division (C) or (D) of this section.

Sec. 5119.16. The department of mental health is hereby designated to provide certain goods and services for the department of mental health, the department of mental retardation and developmental disabilities, the department of rehabilitation and correction, the department of youth services, and other state, county, or municipal agencies requesting such goods and services when the department of mental health determines that it is in the public interest, and considers it advisable, to provide these goods and services. The department of mental health also may provide goods and services to agencies operated by the United States government and to public or private nonprofit agencies funded in whole or in part by the state if the public or private nonprofit agencies are designated for participation in this program by the director of mental health for community mental health agencies, the director of mental retardation and developmental disabilities for community mental retardation and developmental disabilities agencies, the director of rehabilitation and correction for community rehabilitation and correction agencies, or the director of youth services for community youth services agencies. The director of aging may designate for participation community agencies holding a contract with an area agency on aging established under the "Older Americans Act," 79 Stat. 219, 42 U.S.C.A. 3001, as amended. Designated community agencies shall receive goods and services through the department of mental health only in those cases where the designating state agency certifies that providing such goods and services to the agency will conserve public resources to the benefit of the public and where the provision of such goods and services is considered feasible by the department of mental health.

Purchases of goods or services under this section are not subject to section 307.86 of the Revised Code.

(A) The goods and services to be provided by the department of mental health may include:

(1) Procurement, storage, processing, and distribution of food and professional consultation on food operations;

(2) Procurement, storage, and distribution of medical and laboratory supplies, dental supplies, medical records, forms, optical supplies, and sundries, SUBJECT TO SECTION 5121.35 of the Revised Code;

(3) Performance of medical laboratory analysis and professional laboratory and pathologist consultation;

(4) Procurement, storage, repackaging, distribution, and dispensing of drugs, the provision of professional pharmacy consultation, and drug information services;

(5) Operation or leasing of farms and woodland, and distribution or sale of products thereof;

(6) Operation of regional laundries and dry cleaning plants, and procurement, storage, and distribution of linens;

(7)(4) Other goods and services as may be agreed to.

(B) The department of mental health shall provide the goods and services designated in division (A) of this section to its institutions and to state-operated community-based mental health services.

(C) After consultation with and advice from the director of mental retardation and developmental disabilities, the director of rehabilitation and correction, and the director of youth services, the department of mental health shall provide the goods and services designated in division (A) of this section to the department of mental retardation and developmental disabilities, the department of rehabilitation and correction, and the department of youth services.

(D) The cost of administration of this section shall be determined by the department of mental health and paid by the agencies receiving the goods and services to the department for deposit in the state treasury to the credit of the mental health fund, which is hereby created. The fund shall be used to pay the cost of administration of this section to the department.

(E) If the goods or services designated in division (A) of this section are not provided in a satisfactory manner by the department of mental health, the director of mental retardation and developmental disabilities, the director of rehabilitation and correction, the director of youth services, or the managing officer of a department of mental health institution shall attempt to resolve unsatisfactory service with the director of mental health. If, after such attempt, the provision of goods or services continues to be unsatisfactory, the director or officer shall notify the director of mental health. If within thirty days of such notice the department of mental health does not provide the specified goods and services in a satisfactory manner, the director of mental retardation and developmental disabilities, the director of rehabilitation and correction, the director of youth services, or the managing officer of the department of mental health institution shall notify the director of mental health of his THE DIRECTOR'S OR MANAGING OFFICER'S intent to cease purchasing goods and services from the department. Following a sixty-day cancellation period from the date of such notice, the department of mental retardation, department of rehabilitation and correction, department of youth services, or the department of mental health institution may obtain the goods and services from a source other than the department of mental health, if the department certifies to the department of administrative services that the requirements of this division have been met.

(F) Whenever a state agency fails to make a payment for goods and services provided under this section within thirty-one days after the date the payment was due, the office of budget and management may transfer moneys from the state agency to the department of mental health. The amount transferred shall not exceed the amount of overdue payments. Prior to making a transfer under this division, the office of budget and management shall apply any credits the state agency has accumulated in payments for goods and services provided under this section.

Sec. 5120.135. (A) AS USED IN THIS SECTION, "LABORATORY SERVICES" INCLUDES THE PERFORMANCE OF MEDICAL LABORATORY ANALYSIS; PROFESSIONAL LABORATORY AND PATHOLOGIST CONSULTATION; THE PROCUREMENT, STORAGE, AND DISTRIBUTION OF LABORATORY SUPPLIES; AND THE PERFORMANCE OF PHLEBOTOMY SERVICES.

(B) THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL PROVIDE LABORATORY SERVICES TO THE DEPARTMENTS OF MENTAL HEALTH, MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, YOUTH SERVICES, AND REHABILITATION AND CORRECTION. THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY ALSO PROVIDE LABORATORY SERVICES TO OTHER STATE, COUNTY, OR MUNICIPAL AGENCIES AND TO PRIVATE PERSONS THAT REQUEST LABORATORY SERVICES IF THE DEPARTMENT OF REHABILITATION AND CORRECTION DETERMINES THAT THE PROVISION OF LABORATORY SERVICES IS IN THE PUBLIC INTEREST AND CONSIDERS IT ADVISABLE TO PROVIDE SUCH SERVICES. THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY ALSO PROVIDE LABORATORY SERVICES TO AGENCIES OPERATED BY THE UNITED STATES GOVERNMENT AND TO PUBLIC AND PRIVATE ENTITIES FUNDED IN WHOLE OR IN PART BY THE STATE IF THE DIRECTOR OF REHABILITATION AND CORRECTION DESIGNATES THEM AS ELIGIBLE TO RECEIVE SUCH SERVICES.

THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL PROVIDE LABORATORY SERVICES FROM A LABORATORY THAT COMPLIES WITH THE STANDARDS FOR CERTIFICATION SET BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THE "CLINICAL LABORATORY IMPROVEMENT AMENDMENTS OF 1988," 102 STAT. 293, 42 U.S.C.A. 263a. IN ADDITION, THE LABORATORY SHALL MAINTAIN ACCREDITATION OR CERTIFICATION WITH AN APPROPRIATE ACCREDITING OR CERTIFYING ORGANIZATION AS CONSIDERED NECESSARY BY THE RECIPIENTS OF ITS LABORATORY SERVICES AND AS AUTHORIZED BY THE DIRECTOR OF REHABILITATION AND CORRECTION.

(C) THE COST OF ADMINISTERING THIS SECTION SHALL BE DETERMINED BY THE DEPARTMENT OF REHABILITATION AND CORRECTION AND SHALL BE PAID BY ENTITIES THAT RECEIVE LABORATORY SERVICES TO THE DEPARTMENT FOR DEPOSIT IN THE STATE TREASURY TO THE CREDIT OF THE LABORATORY SERVICES FUND, WHICH IS HEREBY CREATED. THE FUND SHALL BE USED TO PAY THE COSTS THE DEPARTMENT INCURS IN ADMINISTERING THIS SECTION.

(D) IF THE DEPARTMENT OF REHABILITATION AND CORRECTION DOES NOT PROVIDE LABORATORY SERVICES UNDER THIS SECTION IN A SATISFACTORY MANNER TO THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, YOUTH SERVICES, OR MENTAL HEALTH, THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, YOUTH SERVICES, OR MENTAL HEALTH SHALL ATTEMPT TO RESOLVE THE MATTER OF THE UNSATISFACTORY PROVISION OF SERVICES WITH THE DIRECTOR OF REHABILITATION AND CORRECTION. IF, AFTER THIS ATTEMPT, THE PROVISION OF LABORATORY SERVICES CONTINUES TO BE UNSATISFACTORY, THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, YOUTH SERVICES, OR MENTAL HEALTH SHALL NOTIFY THE DIRECTOR OF REHABILITATION AND CORRECTION REGARDING THE CONTINUED UNSATISFACTORY PROVISION OF LABORATORY SERVICES. IF, WITHIN THIRTY DAYS AFTER THE DIRECTOR RECEIVES THIS NOTICE, THE DEPARTMENT OF REHABILITATION AND CORRECTION DOES NOT PROVIDE THE SPECIFIED LABORATORY SERVICES IN A SATISFACTORY MANNER, THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, YOUTH SERVICES, OR MENTAL HEALTH SHALL NOTIFY THE DIRECTOR OF REHABILITATION AND CORRECTION OF THE NOTIFYING DIRECTOR'S INTENT TO CEASE OBTAINING LABORATORY SERVICES FROM THE DEPARTMENT OF REHABILITATION AND CORRECTION. FOLLOWING THE END OF A CANCELLATION PERIOD OF SIXTY DAYS THAT BEGINS ON THE DATE OF THE NOTICE, THE DEPARTMENT THAT SENT THE NOTICE MAY OBTAIN LABORATORY SERVICES FROM A PROVIDER OTHER THAN THE DEPARTMENT OF REHABILITATION AND CORRECTION, IF THE DEPARTMENT THAT SENT THE NOTICE CERTIFIES TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES THAT THE REQUIREMENTS OF THIS DIVISION HAVE BEEN MET.

(E) WHENEVER A STATE AGENCY FAILS TO MAKE A PAYMENT FOR LABORATORY SERVICES PROVIDED TO IT BY THE DEPARTMENT OF REHABILITATION AND CORRECTION UNDER THIS SECTION WITHIN THIRTY-ONE DAYS AFTER THE DATE THE PAYMENT WAS DUE, THE OFFICE OF BUDGET AND MANAGEMENT MAY TRANSFER MONEYS FROM THAT STATE AGENCY TO THE DEPARTMENT OF REHABILITATION AND CORRECTION FOR DEPOSIT TO THE CREDIT OF THE LABORATORY SERVICES FUND. THE AMOUNT TRANSFERRED SHALL NOT EXCEED THE AMOUNT OF THE OVERDUE PAYMENTS. PRIOR TO MAKING A TRANSFER UNDER THIS DIVISION, THE OFFICE SHALL APPLY ANY CREDITS THE STATE AGENCY HAS ACCUMULATED IN PAYMENT FOR LABORATORY SERVICES PROVIDED UNDER THIS SECTION.

Sec. 5739.024. (A)(1) A board of county commissioners may by resolution adopted by a majority of the members of the board, levy an excise tax not to exceed three per cent on transactions by which lodging by a hotel is or is to be furnished to transient guests. The board shall establish all regulations necessary to provide for the administration and allocation of the tax. Except as otherwise provided in division (A)(2) AND (3) of this section, the regulations shall provide, after deducting the real and actual costs of administering the tax, for the return to each municipal corporation or township that does not levy an excise tax on such transactions, a uniform percentage of the tax collected in the municipal corporation or in the unincorporated portion of the township from each such transaction, not to exceed thirty-three and one-third per cent. The remainder of the revenue arising from the tax shall be deposited in a separate fund and shall be spent solely to make contributions to the convention and visitors' bureau operating within the county, including a pledge and contribution of any portion of such remainder pursuant to an agreement authorized by section 307.695 of the Revised Code. Except as otherwise provided under division (A)(2) OR (3) of this section, on and after May 10, 1994, a board of county commissioners may not levy an excise tax pursuant to this division in any municipal corporation or township located wholly or partly within the county that has in effect an ordinance or resolution levying an excise tax pursuant to division (B) of this section. The board of a county that has levied a tax under division (C) of this section may, by resolution adopted within ninety days after July 15, 1985, by a majority of the members of the board, amend the resolution levying a tax under this division to provide for a portion of that tax to be pledged and contributed in accordance with an agreement entered under section 307.695 of the Revised Code. A tax, any revenue from which is pledged pursuant to such an agreement, shall remain in effect at the rate at which it is imposed for the duration of the period for which the revenue therefrom has been so pledged.

(2) A board of county commissioners that levies an excise tax under division (A)(1) of this section on the effective date of this amendment JUNE 30, 1997, at a rate of three per cent, and that has pledged revenue from the tax to an agreement entered into under section 307.695 of the Revised Code, may amend the resolution levying that tax to provide for an increase in the rate of the tax up to five per cent on each transaction; to provide that revenue from the increase in the rate shall be spent solely to make contributions to the convention and visitors' bureau operating within the county to be used specifically for promotion, advertising, and marketing of the region in which the county is located; to provide that the rate in excess of the three per cent levied under division (A)(1) of this section shall remain in effect at the rate at which it is imposed for the duration of the period during which any agreement is in effect that was entered into under section 307.695 of the Revised Code by the board of county commissioners levying a tax under division (A)(1) of this section; and to provide that no portion of that revenue need be returned to townships or municipal corporations as would otherwise be required under division (A)(1) of this section.

(3) A BOARD OF COUNTY COMMISSIONERS THAT LEVIES A TAX UNDER DIVISION (A)(1) OF THIS SECTION ON THE EFFECTIVE DATE OF THIS AMENDMENT AT A RATE OF THREE PER CENT MAY, BY RESOLUTION ADOPTED NOT LATER THAN FORTY-FIVE DAYS AFTER THAT EFFECTIVE DATE, AMEND THE RESOLUTION LEVYING THE TAX TO PROVIDE FOR ALL OF THE FOLLOWING:

(a) THAT THE RATE OF THE TAX SHALL BE INCREASED BY NOT MORE THAN AN ADDITIONAL FOUR PER CENT ON EACH TRANSACTION;

(b) THAT ALL OF THE REVENUE FROM THE INCREASE IN RATE SHALL BE PLEDGED AND CONTRIBUTED TO A CONVENTION FACILITIES AUTHORITY ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS UNDER CHAPTER 351. OF THE REVISED CODE AND USED TO PAY COSTS OF CONSTRUCTING, MAINTAINING, OPERATING, AND PROMOTING A FACILITY IN THE COUNTY, INCLUDING PAYING BONDS, OR NOTES ISSUED IN ANTICIPATION OF BONDS, AS PROVIDED BY THAT CHAPTER;

(c) THAT NO PORTION OF THE REVENUE ARISING FROM THE INCREASE IN RATE NEED BE RETURNED TO MUNICIPAL CORPORATIONS OR TOWNSHIPS AS OTHERWISE REQUIRED UNDER DIVISION (A)(1) OF THIS SECTION;

(d) THAT THE INCREASE IN RATE SHALL NOT BE SUBJECT TO DIMINUTION BY INITIATIVE OR REFERENDUM OR BY LAW WHILE ANY BONDS, OR NOTES IN ANTICIPATION OF BONDS, ISSUED BY THE AUTHORITY UNDER CHAPTER 351. OF THE REVISED CODE TO WHICH THE REVENUE IS PLEDGED REMAIN OUTSTANDING IN ACCORDANCE WITH THEIR TERMS, UNLESS PROVISION IS MADE BY LAW OR BY THE BOARD OF COUNTY COMMISSIONERS FOR AN ADEQUATE SUBSTITUTE THEREFOR THAT IS SATISFACTORY TO THE TRUSTEE IF A TRUST AGREEMENT SECURES THE BONDS.

AS USED IN DIVISION (A)(3) OF THIS SECTION, "COSTS" AND "FACILITY" HAVE THE SAME MEANINGS AS IN SECTION 351.01 OF THE REVISED CODE.

(B) The legislative authority of a municipal corporation or the board of trustees of a township that is not wholly or partly located in a county that has in effect a resolution levying an excise tax pursuant to division (A)(1) of this section may by ordinance or resolution levy an excise tax not to exceed three per cent on transactions by which lodging by a hotel is or is to be furnished to transient guests. The legislative authority of the municipal corporation or township shall deposit at least fifty per cent of the revenue from the tax levied pursuant to this division into a separate fund, which shall be spent solely to make contributions to convention and visitors' bureaus operating within the county in which the municipal corporation or township is wholly or partly located, and the balance of such revenue shall be deposited in the general fund. The municipal corporation or township shall establish all regulations necessary to provide for the administration and allocation of the tax. The levy of a tax under this division is in addition to any tax imposed on the same transaction by a municipal corporation or a township as authorized by division (C)(1) of section 5739.02 of the Revised Code.

(C) For the purpose of making the payments authorized by section 307.695 of the Revised Code to construct and equip a convention center in the county and to cover the costs of administering the tax, a board of county commissioners of a county where a tax imposed under division (A)(1) of this section is in effect may, by resolution adopted within ninety days after July 15, 1985, by a majority of the members of the board, levy an additional excise tax not to exceed three per cent on transactions by which lodging by a hotel is or is to be furnished to transient guests. The tax authorized by this division shall be in addition to any tax that is levied pursuant to division (A) of this section, but it shall not apply to transactions subject to a tax levied by a municipal corporation or township pursuant to the authorization granted by division (C)(1) of section 5739.02 of the Revised Code. The board shall establish all regulations necessary to provide for the administration and allocation of the tax. All revenues arising from the tax shall be expended in accordance with section 307.695 of the Revised Code. A tax imposed under this section shall remain in effect at the rate at which it is imposed for the duration of the period for which the revenue therefrom has been pledged pursuant to such section.

(D) For the purpose of providing contributions under division (B)(1) of section 307.671 of the Revised Code to enable the acquisition, construction, and equipping of a port authority educational and cultural facility in the county and, to the extent provided for in the cooperative agreement authorized by that section, for the purpose of paying debt service charges on bonds, or notes in anticipation thereof, described in division (B)(1)(b) of that section, a board of county commissioners, by resolution adopted within ninety days after December 22, 1992, by a majority of the members of the board, may levy an additional excise tax not to exceed one and one-half per cent on transactions by which lodging by a hotel is or is to be furnished to transient guests. The excise tax authorized by this division shall be in addition to any tax that is levied pursuant to divisions (A), (B), and (C) of this section, to any excise tax levied pursuant to division (C) of section 5739.02 of the Revised Code, and to any excise tax levied pursuant to section 351.021 of the Revised Code. The board of county commissioners shall establish all regulations necessary to provide for the administration and allocation of the tax that are not inconsistent with this section or section 307.671 of the Revised Code. All revenues arising from the tax shall be expended in accordance with section 307.671 of the Revised Code and division (D) of this section. The levy of a tax imposed under this section may not commence prior to the first day of the month next following the execution of the cooperative agreement authorized by section 307.671 of the Revised Code by all parties to that agreement. Such tax shall remain in effect at the rate at which it is imposed for the period of time described in division (C) of section 307.671 of the Revised Code for which the revenue from the tax has been pledged by the county to the corporation pursuant to such section, but, to any extent provided for in the cooperative agreement, for no lesser period than the period of time required for payment of the debt service charges on bonds, or notes in anticipation thereof, described in division (B)(1)(b) of that section.

(E) For the purpose of paying the costs of acquiring, constructing, equipping, and improving a municipal educational and cultural facility, including debt service charges on bonds provided for in division (B) of section 307.672 of the Revised Code, and for such additional purposes as are determined by the county in the resolution levying the tax or amendments thereto, the legislative authority of a county, by resolution adopted within ninety days after June 30, 1993, by a majority of the members of the legislative authority, may levy an additional excise tax not to exceed one and one-half per cent on transactions by which lodging by a hotel is or is to be furnished to transient guests. The excise tax authorized by this division shall be in addition to any tax that is levied pursuant to divisions (A), (B), (C), and (D) of this section, to any excise tax levied pursuant to division (C) of section 5739.02 of the Revised Code, and to any excise tax levied pursuant to section 351.021 of the Revised Code. The legislative authority of the county shall establish all regulations necessary to provide for the administration and allocation of the tax. All revenues arising from the tax shall be expended in accordance with section 307.672 of the Revised Code and division (E) of this section. The levy of a tax imposed under this division shall not commence prior to the first day of the month next following the execution of the cooperative agreement authorized by section 307.672 of the Revised Code by all parties to that agreement. Such tax shall remain in effect at the rate at which it is imposed for the period of time determined by the legislative authority of the county, but not to exceed fifteen years.

Appropriations

Rural Areas Historical Projects

Of the foregoing appropriation item CAP-785, Rural Areas Historical Projects, $100,000 shall be used for Hancock County Historical Society Facility Improvements; $40,000 shall be used for Harveysburg Community Historic Society; $50,000 shall be used for Wood County Historical Museum - Old Public Hospital Restoration; $200,000 shall be used for James A. Garfield Historic Site Improvements; and $50,000 shall be used for Elmore Historical Society.

Rural Areas Community Improvements

Of the foregoing appropriation item CAP-786, Rural Areas Community Improvements, $100,000 shall be used for Hocking Valley Railroad Improvements; $50,000 shall be used for Belmont County Park District - Convention Center; $70,000 shall be used for Aberdeen Huntington Community Center; $100,000 shall be used for Chisholm Historic Farmstead Restoration; $100,000 shall be used for Clinton County Senior Center; $150,000 shall be used for Coshocton Infrastructure Improvements; $200,000 shall be used for Coshocton Visitors' and Convention Bureau; $20,000 shall be used for Warsaw Community Improvements; $100,000 shall be used for Washington Court House Downtown Redevelopment; $80,000 shall be used for Gallia County Industrial Park Improvements; $150,000 shall be used for Desmond Hall Industrial Park; $100,000 shall be used for Kenton Armory Improvements; $250,000 shall be used for Sinking Springs Infrastructure Improvements; $20,000 shall be used for Laurelville Community Improvements; $16,000 shall be used for Gibisonville Community Recreation Center Improvements; $150,000 shall be used for Holmes County Historic Building Improvements; $500,000 shall be used for Davis-Shai House Historical Site; $100,000 shall be used for Maritime Museum in Vermillion; $100,000 shall be used for Meadowbrook Park Ballroom Restoration; $90,000 shall be used for Big Island Nature Center Improvements; $300,000 shall be used for Medina County Arts Center Improvements; $142,000 shall be used for Graysville Community Center; $49,000 shall be used for Roseville Community Center Improvements; $100,000 shall be used for South Zanesville Community Improvements; $20,000 shall be used for Corning Community Center; $50,000 shall be used for Waverly Community Improvements; $20,000 shall be used for Garretsville Veterans Memorial; $6,000 shall be used for Palmyra Township Veterans Memorial; $100,000 shall be used for Deerfield Township Hall Civic Improvements; $50,000 shall be used for Preble County Coliseum Planning; $100,000 shall be used for Richland Academy of Arts and Sciences Discovery Center; $50,000 shall be used for Village of Pleasant Plain Community Improvements; $48,000 shall be used for Village of South Lebanon Infrastructure Improvements; $41,000 shall be used for Rehabilitate Senior Housing - Waynesville; $40,000 shall be used for Ambrose Hall Museum - Belpre; $100,000 shall be used for New Matamoras Senior Center; $25,000 shall be used for West Salem Town Hall Improvements; $40,000 shall be used for Pemberville Opera House Restoration; $40,000 shall be used for Grand Rapids Village Hall Restoration; $500,000 shall be used for Liberty Commons Infrastructure Project - Lima; $50,000 shall be used for Village of Morrow Infrastructure Improvements; $100,000 shall be used for Fairfield City Cultural Center; $63,000 shall be used for Sunbury Town Hall; and $300,000 shall be used for Zahn's Corner Industrial Park.

Urban Areas Community Improvements

Of the foregoing appropriation item CAP-817, Urban Areas Community Improvements, $200,000 shall be used for Clermont County Communications Center; $50,000 shall be used for The Civic Restoration; $50,000 shall be used for Brown Senior Center Renovations; $50,000 shall be used for Loveland Velodome Planning; $25,000 shall be used for Friendly Center Renovations; $5,000 shall be used for Toledo Golden Gloves - Equipment; $50,000 shall be used for Sylvania Historical Society Building Improvements; $50,000 shall be used for Toledo International Youth Hostel Renovations; $100,000 shall be used for Fellows Gardens - Mill Creek Park Improvements; $100,000 shall be used for Weathervane Playhouse Addition; $100,000 shall be used for Akron/Summit Community Action Agency Facility Improvements; $136,000 shall be used for Akron Community Health Resources Inc. Facility Improvements; $75,000 shall be used for Farmington Senior Center Improvements; $85,000 shall be used for President McKinley Home Site improvements; $187,150 shall be used for Shaker Historical Museum; $400,000 shall be used for Solon Community Arts Center; $25,000 shall be used for Orange Senior Center; $500,000 shall be used for StarlightGateway Collaborative Project; $75,000 shall be used for Cincinnati Jewish Community Center; $1,000,000 shall be used for Lincoln Heights Health Center Improvements; $500,000 shall be used for Cook's Castle Renovation; $40,000 shall be used for Toledo Jewish Community Center; $100,000 shall be used for Youngstown Jewish Community Center; $1,500,000 shall be used for Youngstown Parking Facility; $150,000 shall be used for Canton Jewish Community Center; $2,000,000 shall be used for Wilderness Center Facility Improvements; $100,000 shall be used for Project AHEAD Facility Improvements; $50,000 shall be used for Sagamore Hills Historical Wall Renovation; $1,000,000 shall be used for Stan Hywet Hall and Gardens; $250,000 shall be used for NEC World Series of Golf Media Facility; $50,000 shall be used for Richfield Historic District Improvements; $100,000 shall be used for Ohio Erie Heritage Corridor Improvements; $150,000 shall be used for Hale Farm Improvements; $1,750,000 shall be used for Wood County Historic Building Renovation; $500,000 shall be used for Miamisburg Mound Development; and $100,000 shall be used for Mustill Store Exhibits in Cascade Valley Park.

Community Theatre Renovations

Of the foregoing appropriation item CAP-818, Community Theatre Renovations, $100,000 shall be used for Cleveland Public Theatre Improvements - Gordon Square; $125,000 shall be used for Ariel Theatre Renovation; $125,000 shall be used for Markay Theatre Renovations; and $50,000 shall be used for Lorain Palace Theatre Improvements.

County Fairgrounds Capital Improvements

The foregoing appropriation item CAP-040, County Fairgrounds Capital Improvements, shall be used to provide matching grants to Agricultural Societies for fairgrounds capital improvements pursuant to rules promulgated by the Ohio Department of Agriculture. The rules shall include, but not be limited to, specifications of eligibility and award criteria, specifications for grant agreements, and procedures for administration of the program. Each society receiving a grant from this appropriation shall contribute an equal amount of non-state funds toward the capital improvements for which state funds are provided. No society shall receive more than $100,000.

CAP-047	Cincinnati Classical Music Hall of Fame	$	300,000
CAP-050	Columbus Art Museum Facility Planning	$	250,000
CAP-053	Powers Auditorium Improvements	$	250,000
CAP-054	Dayton Performing Arts Center - Planning and Phase I	$	400,000
CAP-059	Johnny Appleseed Museum Theatre	$	175,000
CAP-060	Southeastern Ohio Cultural Arts Center	$	500,000
CAP-062	Akron Art Museum - Planning	$	100,000
Total Arts And Sports Facilities Commission		$	1,975,000

CAP-876	Statewide Trails Programs	$	390,000
CAP-942	Local Parks Projects	$	115,000
Total Department of Natural Resources		$	505,000

Statewide Trails Programs

Of the foregoing appropriation item CAP-876, Statewide Trails Programs, $40,000 shall be used for New Richmond Bike Trail Study; $100,000 shall be used for Bike Path Coshocton City; and $250,000 shall be used for Bike Trail - Ohio to Erie.

County Airport Improvements

Of the foregoing appropriation item CAP-004, County Airport Improvements, $300,000 shall be used for Ashtabula County Airport Improvements and $100,000 shall be used for Clermont County Airport Improvements.

Total General Revenue Fund		$	30,803,150

Appropriations

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Appropriations

Hazardous Substance Abatement in State Facilities

The foregoing appropriation item CAP-809, Hazardous Substance Abatement in State Facilities, shall be used to fund the removal of asbestos, PCB, radon gas, and other contamination hazards from state facilities.

Prior to the release of appropriations for asbestos abatement, the Department of Administrative Services shall review proposals from state agencies to use these appropriations based on criteria developed by the Department of Administrative Services. Upon a determination by the Department of Administrative Services that the requesting agency cannot fund the asbestos abatement project and/or other toxic materials removal through existing capital and operating appropriations, the department may request the release of appropriations for such projects by the Controlling Board. State agencies intending to fund asbestos abatement and/or other toxic materials removal through existing capital and operating appropriations shall notify the Director of Administrative Services of the nature and scope prior to commencing the project.

Only agencies that have received appropriations for capital projects from the Administrative Building Fund (Fund 026) are eligible to receive funding from this item. Public school districts are not eligible for funding from this item.

Implementation of Americans with Disabilities Act

As a result of the transfer made in Section 15.05 of this act, an appropriation shall be created for appropriation item CAP-822, Implementation of Americans with Disabilities Act, in the Department of Administrative Services. Appropriations in CAP-822 shall be used to renovate state-owned facilities to provide access for physically disabled persons in accordance with Title II of the Americans with Disabilities Act.

Prior to the release of appropriations for such renovations, state agencies shall perform self-evaluations of state-owned facilities identifying barriers to access to service. State agencies shall prioritize access barriers and develop a transition plan for the removal of these barriers. The Department of Administrative Services shall review proposals from state agencies to use these appropriations for Americans with Disabilities Act renovations.

Only agencies that have received appropriations for capital projects from the Administrative Building Fund (Fund 026) are eligible to receive funding from this item. Public school districts are not eligible for funding from this item.

MARCS Steering Committee and Statewide Communications System

There is hereby continued a Multi-Agency Radio Communications System Steering Committee consisting of the designees of the Directors of Administrative Services, Public Safety, Natural Resources, Transportation, Rehabilitation and Correction, and Budget and Management. The Director of Administrative Services or the director's designee shall chair the committee. The committee shall provide assistance to the Director of Administrative Services for effective and efficient implementation of the MARCS system as well as develop policies for the ongoing management of the system. Upon dates prescribed by the Directors of Administrative Services and Budget and Management, the MARCS Steering Committee shall report to the directors as to the progress of MARCS implementation and the development of policies related to the system.

The foregoing appropriation item CAP-827, Statewide Communications System, shall be used to purchase or construct the components of the Multi-Agency Radio Communications System (MARCS) that are not specific to any one agency. The equipment may include, but is not limited to: multi-agency equipment at the Emergency Operations Center/Joint Dispatch Facility, computer and telecommunication equipment used for the functioning and integration of the system, communications towers, tower sites, and tower equipment, and linkages among towers and between towers and the State of Ohio Network for Integrated Communication (SONIC) system. The Director of Administrative Services shall, with the concurrence of the MARCS Steering Committee, determine the specific use of funds.

Spending from this appropriation item shall not be subject to the requirements of Chapters 123. and 153. of the Revised Code.

Energy Conservation Projects

The foregoing appropriation item CAP-835, Energy Conservation Projects, shall be used for renovations related to energy conservation, including the United States Environmental Protection Agency's Greenlights Program, in state-owned facilities. Prior to the release of funds for renovation, state agencies shall have performed a comprehensive energy audit for each project. The Department of Administrative Services shall review and approve proposals from state agencies to use these funds for energy conservation.

Public school districts and state-supported and state-assisted institutions of higher education are not eligible for funding from this item.

Purchase N. High/Chestnut Buildings

The Bureau of Workers' Compensation and Department of Administrative Services may enter into an agreement for the transfer of the real estate and related facilities to be used for state office facilities located at 246 North High Street, Columbus, Ohio, and 35 Chestnut Street, Columbus, Ohio, from the State Insurance Fund to the State of Ohio. The foregoing appropriation item CAP-851, Purchase N. High/Chestnut Buildings, shall be used to make the final payment to the State Insurance Fund in accordance with the agreement.

Transfers of Appropriations to the Department of Administrative Services

Within fifteen days after the effective date of this section, the Director of Budget and Management shall transfer appropriations from the foregoing appropriation item CAP-714, Construct/Renovate BCI & I, to various appropriation items in Fund 026 in the Department of Administrative Services.

The Director of Budget and Management shall transfer $3,398,658 to CAP-837, Major Computer Purchases; $2,000,000 to CAP-822, Implementation of Americans with Disabilities Act; $800,000 to CAP-824, State Real Estate Inventory System; and $400,000 to CAP-834, Develop Computerized Record Drawing Storage. The Director of Budget and Management shall also transfer $500,000 to CAP-835, Energy Conservation Projects; $285,542 to CAP-850, Renovation of Old ODOT Building; and $500,000 to CAP-809, Hazardous Substance Abatement in State Facilities and these amounts shall be in addition to the amounts appropriated for those items in Section 15.02 of this act. These transfers reimburse the Department of Administrative Services for providing appropriations to the Attorney General's office during the construction of the new Bureau of Criminal Identification and Investigation facility.

Exempt from Per Cent for Arts Program

The foregoing project CAP-001, Ohio Courts Building Renovations, shall be exempt from the provisions of section 3379.10 of the Revised Code, the Per Cent for Arts Program.

Appropriations

From the foregoing appropriation item CAP-002, Local Jails, the Department of Rehabilitation and Correction shall designate the projects involving the construction and renovation of county, multi-county, municipal-county, and multicounty-municipal jail facilities and workhouses, including correctional centers authorized under sections 153.61 and 307.93 of the Revised Code, for which the Ohio Building Authority is authorized to issue obligations. Notwithstanding any provisions to the contrary contained in Chapter 152. or 153. of the Revised Code, the Department of Rehabilitation and Correction is authorized to coordinate, review, and monitor the drawdown and use of funds for the renovation or construction of projects for which designated funds are provided.

The funding authorized under this section shall not be applied to any such facilities that are not designated by the Department of Rehabilitation and Correction. The amount of funding authorized under this section that may be applied to a project designated for initial funding after July 1, 1998, involving the construction or renovation of a county, multi-county, municipal-county, or multicounty-municipal jail facility or workhouse, including a correctional center authorized under sections 153.61 and 307.93 of the Revised Code, shall not exceed $25,000 per bed of the total allowable cost of the project in the case of construction of county and municipal-county jail facilities, workhouses, and correctional centers; shall not exceed $42,000 per bed of the total allowable cost of the project in the case of construction of multi-county or multicounty-municipal jail facilities, workhouses, and correctional centers; and shall not exceed 30 per cent of the total allowable cost of the project in the case of renovation of county, multi-county, municipal-county, and multicounty-municipal jail facilities, workhouses, and correctional centers.

The cost-per-bed funding authorized under this section that may be applied to a construction project shall not exceed the actual cost-per-bed of the project. The 30 per cent funding authorized under this section that may be applied to a renovation project shall not exceed $25,000 per bed of the total allowable cost of the project.

The amount of funding authorized under this section that may be applied to a project designated for initial funding prior to July 1, 1996, and designated for additional funding after July 1, 1996, involving the construction or renovation of a county, multi-county, municipal-county, or multicounty-municipal jail facility or workhouse, including a correctional center authorized under sections 153.61 and 307.93 of the Revised Code, shall not exceed 30 per cent of the total allowable cost of the project in the case of county and municipal-county jail facilities, workhouses, and correctional centers; shall not exceed 50 per cent of the total allowable cost of the project in the case of multi-county or multicounty-municipal jail facilities, workhouses, and correctional centers; and up to 100 per cent of the total allowable cost of the project in the case of multicounty or multicounty-municipal correctional centers that meet the following qualifications:

(A) Are authorized under sections 153.61 and 307.93 of the Revised Code;

(B) Are constructed under the auspices of a corrections commission consisting of at least three counties; and

(C) With a cost per bed not in excess of seventy-five thousand dollars.

The funding authorized under this section shall not be applied to any project involving the construction of a county, multi-county, municipal-county, or multicounty-municipal jail facility or workhouse, including a correctional center established under sections 153.61 and 307.93 of the Revised Code, unless the facility, workhouse, or correctional center will be built in compliance with "The Minimum Standards for Jails in Ohio" and the plans have been approved in accordance with section 5103.18 of the Revised Code. In addition, the funding authorized under this section shall not be applied to any project involving the renovation of a county, multi-county, municipal-county, or multicounty-municipal jail facility or workhouse, including a correctional center established under sections 153.61 and 307.93 of the Revised Code, unless the renovation is for the purpose of bringing the facility, workhouse, or correctional center into compliance with "The Minimum Standards for Jail in Ohio" and the plans have been approved in accordance with section 5103.18 of the Revised Code.

From the foregoing appropriation item CAP-002, Local Jails, the Department of Rehabilitation and Correction may use up to $250,000 to contract for services necessary to develop a site-adaptable, cost-effective, prototype jail design, including architectural drawings, to be made available by the department to local jurisdictions for use in jail design and construction.

The Department of Rehabilitation and Correction is hereby authorized to designate to the Ohio Building Authority the sites of, and, notwithstanding any provisions to the contrary contained in Chapter 152. or 153. of the Revised Code, to review the renovation or construction of, the single county and district community-based correctional facilities funded by the foregoing appropriation item CAP-003, Community-Based Correctional Facilities.

The foregoing appropriation item CAP-041, Community Residential Program, may be used to award grants, or to reimburse government entities, or private nonprofit organizations, for the construction of halfway houses for prisoners who are released on parole by the Adult Parole Authority or for the renovation of existing buildings for use as halfway houses for those released prisoners, pursuant to section 5120.103 of the Revised Code.

Appropriations

From the foregoing appropriation item CAP-812, Community Rehabilitation Centers, the Department of Youth Services shall designate the projects involving the construction and renovation of single county and multi-county community corrections facilities for which the Ohio Building Authority is authorized to issue obligations.

The Department of Youth Services is authorized to review and approve the renovation and construction of projects for which funds are provided. The proceeds of any obligations authorized under this section shall not be applied to any such facilities that are not designated and approved by the Department of Youth Services.

The Department of Youth Services shall adopt guidelines to accept and review applications and designate projects. Those guidelines shall require the county or counties to justify the need for the facility and to comply with timelines for the submission of documentation pertaining to the site, program, and construction.

For purposes of this section, "community corrections facilities" has the same meaning as in section 5139.36 of the Revised Code.

From the foregoing appropriation item CAP-829, Local Juvenile Detention Centers, the Department of Youth Services shall designate the projects involving the construction and renovation of county and multi-county juvenile detention centers for which the Ohio Building Authority is authorized to issue obligations.

The Department of Youth Services is authorized to review and approve the renovation and construction of projects for which funds are provided. The proceeds of any obligations authorized under this section shall not be applied to any such facilities that are not designated by the Department of Youth Services.

The Department of Youth Services shall comply with the guidelines set forth below, accept and review applications, designate projects, and determine the amount of state match funding to be applied to each project. The department shall, with the advice of the county or counties participating in a project, determine the funded design capacity of the detention centers that are designated to receive funding. Notwithstanding any provisions to the contrary contained in Chapter 152. or 153. of the Revised Code, the Department of Youth Services is authorized to coordinate, review, and monitor the drawdown and use of funds for the renovation and construction of projects for which designated funds are provided.

(A) The Department of Youth Services shall develop a weighted numerical formula to determine the amount, if any, of state match that may be provided to a single or multi-county detention center project. The formula shall include the factors specified below in division (A)(1) of this section and may include the factors specified below in division (A)(2) of this section. The weight assigned to the factors specified in division (A)(1) of this section shall be no less than twice the weight assigned to factors specified in division (A)(2) of this section:

(1)(a) The number of detention center beds needed in the county or group of counties, as estimated by the Department of Youth Services, is significantly more than the number of beds currently available;

(b) Any existing detention center in the county or group of counties does not meet health, safety, or security standards for detention centers as established by the Department of Youth Services;

(c) The Department of Youth Services projects that the county or group of counties have a need for a sufficient number of detention beds to make the project economically viable.

(2)(a) The percentage of children in the county or group of counties living below the poverty level is above the state average;

(b) The per capita income in the county or group of counties is below the state average.

(B) The formula developed by the Department of Youth Services shall yield a percentage of state match ranging from 0 per cent to 60 per cent based on the above factors. Notwithstanding the foregoing provisions, if a single county or multi-county system currently has no detention center beds, or if the projected need for detention center beds as estimated by the Department of Youth Services is greater than 120 per cent of current detention center bed capacity, then the percentage of state match shall be 60 per cent. To determine the dollar amount of the state match for new construction projects, the percentage of state match shall be multiplied by $105,000 per bed for detention centers with a designated capacity of 99 beds or less, and by $130,000 per bed for detention centers with a design capacity of 100 beds or more. To determine the dollar amount of the state match for renovation projects the percentage match shall be multiplied by the actual cost of the renovation, provided that the cost of the renovation does not exceed $80,000 per bed. The funding authorized under this section that may be applied to a construction or renovation project shall not exceed the actual cost of the project.

The funding authorized under this section shall not be applied to any project unless the detention center will be built in compliance with health, safety, and security standards for detention centers as established by the Department of Youth Services. In addition, the funding authorized under this section shall not be applied to the renovation of a detention center unless the renovation is for the purpose of increasing the number of beds in the center, or to meet health, safety, or security standards for detention centers as established by the Department of Youth Services.

Appropriations

Center for Science and Industry-Columbus

Of the foregoing appropriation item CAP-005, Center for Science and Industry-Columbus, $5,000,000 shall be used for the John Glenn Theatre and $500,000 shall be used for AgScience Experience Exhibits.

COSI-Columbus -- Local Administration of Capital Project Contracts

Notwithstanding division (A) of section 3383.07 of the Revised Code, the Ohio Arts and Sports Facilities Commission, with respect to the foregoing appropriation item CAP-005, Center for Science and Industry-Columbus, is authorized to administer all or part of capital facilities project contracts involving exhibit fabrication and installation as determined by the Department of Administrative Services, the Center of Science and and Industry-Columbus, and the Ohio Arts and Sports Facilities Commission in review of the project plans. The Ohio Arts and Sports Facilities Commission shall enter into a contract with the Center of Science and Industry-Columbus to administer the exhibit fabrication and installation contracts, which contracts are not subject to Chapters 123. or 153. of the Revised Code.

Schoenbrunn Village Restoration and Renovations

Of the foregoing appropriation item CAP-757, Schoenbrunn Village Restoration and Renovations, up to $30,000 shall be used for safety improvements related to the New Philadelphia airport.

Appropriations

The foregoing appropriation item CAP-748, Local Parks Projects - Statewide, shall be used for grants for local parks projects. Of the total amount appropriated, $250,000 represents amounts that were previously appropriated and allocated to counties pursuant to division (D) of section 1557.06 of the Revised Code, and encumbered for local project grants. The existing encumbrances for these local projects in the various counties shall be canceled by the Director of Budget and Management or the Director of Natural Resources. The Director of Natural Resources shall allocate the $250,000 to the same counties the moneys were originally allocated to, in the amount of the canceled encumbrances.

Dam Rehabilitation

Of the foregoing appropriation item CAP-881, Dam Rehabilitation, up to $5,000,000 shall be used to rehabilitate the Muskingum River Locks and Dams and $1,250,000 shall be used for improvements to Pleasant Run Creek Levy.

Community Recreation Projects

Of the foregoing appropriation item CAP-788, Community Recreation Projects, $10,000 shall be used for Goodale Park Improvements; $20,000 shall be used for Grove City Park Improvements; $100,000 shall be used for Chagrin Falls Park; $10,000 shall be used for West Fork Park; $10,000 shall be used for Holmes County Park District; $18,000 shall be used for Mentor Beach Park Improvements; $32,000 shall be used for Willowick Park Improvements; $60,000 shall be used for Leighty Lake Restoration Project; $300,000 shall be used for Firestone Park Improvements; $50,000 shall be used for Dover City Parks; $50,000 shall be used for New Philadelphia City Parks; and $82,000 shall be used for Hamilton Township Park at Foster.

State Park Dredging and Shoreline Protection

Of the foregoing appropriation item CAP-821, State Park Dredging and Shoreline Protection, $200,000 shall be used for Muskingum Conservancy District - Charles Mill Lake Dredging and $126,850 shall be used for Beaver Creek Erosion Control Project.

School Building Program Assistance

The foregoing appropriation item CAP-737, School Building Program Assistance, shall be used by the School Facilities Commission to provide funding to school districts that receive conditional approval from the Commission pursuant to Chapter 3318. of the Revised Code.

Commitments by the School Facilities Commission

The School Facilities Commission shall not commit at least $300 million of the combined amounts of the foregoing appropriations items CAP-622, Public School Buildings (Fund 021), and CAP-737, Public School Building Assistance (Fund 032), until after June 30, 1999.

Appropriations

Appropriations

CAP-480	Community Assistance Projects	$	13,840,000
CAP-955	Statewide Developmental Center Improvements	$	1,682,396
CAP-956	Apple Creek Developmental Center Improvements	$	600,000
CAP-957	Cambridge Developmental Center Improvements	$	600,000
CAP-958	Columbus Developmental Center Improvements	$	1,130,000
CAP-959	Gallipolis Developmental Center Improvements	$	930,000
CAP-960	Montgomery Developmental Center Improvements	$	790,000
CAP-962	Mt. Vernon Developmental Center Improvements	$	950,000
CAP-963	Northwest Ohio Developmental Center Improvements	$	1,225,000
CAP-964	Southwest Ohio Developmental Center Improvements	$	780,000
CAP-965	Springview Developmental Center Improvements	$	885,000
CAP-966	Tiffin Developmental Center Improvements	$	550,000
CAP-967	Warrensville Developmental Center Improvements	$	510,000
CAP-968	Youngstown Developmental Center Improvements	$	800,000
Total Department of Mental Retardation
and Developmental Disabilities		$	25,272,396
Total Mental Health Facilities Improvement Fund		$	69,762,611

Community Assistance Projects

The foregoing appropriation item CAP-480, Community Assistance Projects, may be used to provide community assistance funds for the construction or renovation of facilities for day programs or residential programs that provide services to persons eligible for services from the Department of Mental Retardation and Developmental Disabilities or county boards of mental retardation and developmental disabilities. Any funds provided to nonprofit agencies for the construction or renovation of facilities for persons eligible for services from the Department of Mental Retardation and Developmental Disabilities and county boards of mental retardation and developmental disabilities shall be governed by the prevailing wage provisions in section 176.05 of the Revised Code. Of the foregoing appropriation item CAP-480, Community Assistance Projects, $90,000 shall be used for the Whetstone School in Morrow County.

(1) The governmental agency has a long-term (at least fifteen years) lease of, or other interest (such as an easement) in, the real property.

(2) In the case of an appropriation for capital facilities for mental hygiene and retardation which, because of their unique nature or location, will be owned or be part of facilities owned by a separate nonprofit organization and made available to the governmental agency for its use or operated by the nonprofit organization under contract with the governmental agency, the nonprofit organization either owns or has a long-term (at least fifteen years) lease of the real property or other capital facility to be improved, renovated, constructed, or acquired and has entered into a joint or cooperative use agreement, approved by the Department of Mental Health, Department of Mental Retardation and Developmental Disabilities, or Department of Alcohol and Drug Addiction Services, whichever is applicable, with the governmental agency for that agency's use of and right to use the capital facilities to be financed and, if applicable, improved, the value of such use or right to use being, as determined by the parties, reasonably related to the amount of the appropriation.

(B) In the case of capital facilities referred to in division (A)(2) of this section, the joint or cooperative use agreement shall include, as a minimum, provisions which:

(1) Specify the extent and nature of that joint or cooperative use, extending for no fewer than fifteen years, with the value of such use or right to use to be, as determined by the parties and approved by the approving department, reasonably related to the amount of the appropriation;

(2) Provide for pro rata reimbursement to the state should the arrangement for joint or cooperative use by a governmental agency be terminated;

(3) Provide that procedures to be followed during the capital improvement process will comply with appropriate applicable state laws and rules, including provisions of this act.

Appropriations

Educational Television and Radio Equipment

The foregoing appropriation item CAP-001, Educational Television and Radio Equipment, shall be used to provide broadcasting, transmission, and production equipment to Ohio public radio and television stations, radio reading services, and the Ohio Educational Telecommunications Network Commission.

The foregoing appropriation item CAP-032, Research Facility and Investment Loans and Grants, shall be used for a program of grants or revolving loans, or both, to be administered by the Board of Regents to provide timely availability of capital facilities for research programs and research-oriented instructional programs at or involving state-supported and state-assisted institutions of higher education.

The Board of Regents shall develop rules in accordance with Chapter 119. of the Revised Code relative to the application for and approval of projects funded from appropriation item CAP-032, Research Facility and Investment Loans and Grants. Such rules shall be reviewed and approved by the Legislative Committee on Education Oversight. The Board of Regents shall inform the President of the Senate and the Speaker of the House of Representatives of each project application for funding received. Each project receiving a commitment for funding by the Board of Regents under the rules shall be reported to the President of the Senate and the Speaker of the House of Representatives.

The foregoing appropriation item CAP-033, Child Care Facilities - Matching Grants, shall be used by the Board of Regents to make grants to state-supported or state-assisted institutions of higher education for projects to expand, construct, or renovate space for child care centers. All grants shall be awarded on a 50 per cent match basis. In making grant awards, the Board of Regents shall give priority to:

(A) Projects located at state-supported or state-assisted institutions without child care facilities;

(B) Projects for which the principal clients are children of students enrolled at the institution; and

(C) Projects where the facility will be used as a classroom/training lab for child care/preschool certification programs.

In order to determine a method for awarding grants from this appropriation item, the Board of Regents shall form a consultation group including, but not limited to, representatives of state colleges and universities, the Office of Budget and Management, the Legislative Budget Office of the Legislative Service Commission, and the Legislative Office of Education Oversight.

There is hereby created the Non-Profit Research Capital Support Task Force which shall consist of the Chancellor of the Board of Regents, the Director of Development, and the Director of the Governor's Science and Technology Advisory Board. If the Governor's Science and Technology Advisory Board ceases to exist, the Governor shall appoint a member to the Task Force. Members may designate individuals to serve in their absence.

The foregoing appropriation item CAP-063, Non-Profit Research Capital Support, shall be used for a program of grants or loans to be administered by the Board of Regents for partnerships between nonprofit research organizations and state-supported and state-assisted institutions of higher education for capital projects advancing science and technology research in Ohio. Such loans and grants shall be awarded based on a competitive selection process developed and conducted by the Non-Profit Research Capital Support Task Force. The Task Force may also develop other program guidelines necessary to the successful implementation of the program including limits on the size of grant awards.

Notwithstanding any provisions of law to the contrary, all repayments of non-profit research capital support loans shall be made to the Bond Service Account in the Higher Education Bond Service Trust Fund. Partnership recipients of non-profit research capital support loans shall make timely repayments according to the schedule established by the Board of Regents.

Appropriations made in Sections 30.02 to 30.06 of this act for purposes of costs of capital facilities for the interim financing of which the particular institution has previously issued its own obligations anticipating the possibility of future state appropriations to pay all or a portion of such costs, as contemplated in division (B) of section 3345.12 of the Revised Code, shall be paid directly to the institution or the paying agent for those outstanding obligations in the full principal amount of those obligations then to be paid from the anticipated appropriation, and shall be timely applied to the retirement of a like principal amount of the institutional obligations.

Appropriations made in Sections 30.02 to 30.06 of this act for purposes of costs of capital facilities, all or a portion of which costs the particular institution has paid from the institution's moneys that were temporarily available and which payments were reasonably expected to be reimbursed from the proceeds of obligations issued by the state, shall be directly paid to the institution in the full amounts of those payments, and shall be timely applied to the reimbursement of those temporarily available moneys.

Appropriations

College of Education Facility - Planning

The foregoing appropriation item CAP-084, College of Education Facility - Planning, shall not be released by the Controlling Board or the Director of Budget and Management until Central State University has satisfactorily completed a Campus-wide Master Plan, and has made progress satisfactory to the Board of Regents and the Office of Budget and Management in completing the correction of its outstanding adjudication orders as issued by the Department of Commerce. Such progress shall include the development of a plan to comply with all remaining adjudication orders by the end of fiscal year 2000. This appropriation shall not be included in the calculation of Central State University's debt service obligation until fiscal year 2002.

Natural Habitat Research Site Improvements

The foregoing appropriation item CAP-369, Natural Habitat Research Site Improvements, shall be used for facilities that provide educational opportunities, research, and activities for the conservation of endangered and threatened wildlife. Such facilities shall be operated by The Wilds, a not-for-profit organization. The Wilds shall cooperate with the Ohio Department of Natural Resources, Education, and Development and with Ohio zoological institutions, colleges and universities, local school districts, and appropriate biological interests to achieve the above objectives.

Local Administration of Projects

Notwithstanding anything to the contrary in sections 9.33, 123.01, and 3345.50 and Chapter 153. of the Revised Code, the University of Toledo may negotiate, enter into, and locally administer a contract which combines the design and construction elements of the project into a single contract for the Arrowhead Park Facility, funded herein with an appropriation of $2,500,000, and the Scott Park Athletic Facility project to be built with local funds.

The foregoing appropriation item CAP-026, Playhouse Square, shall be provided to Cuyahoga Community College for its prompt use in paying expenditures previously incurred by Playhouse Square Foundation, consistent with legal requirements then applicable to Foundation contracts, for the designated project.

Based on the foregoing appropriations in Sections 30 and 30.01 to 30.45 of this act, from Fund 034, Higher Education Improvement Fund, the following higher education institutions shall be responsible for the specified amounts as part of the debt service component of the instructional subsidy beginning in fiscal year 2000:

Institution	Amount
University of Akron	$10,800,000
University of Akron - Wayne	$ 675,000
Bowling Green State University	$14,013,310
Bowling Green State University - Firelands	$ 2,056,440
Central State University	$ 2,449,400
University of Cincinnati	$39,386,650
University of Cincinnati - Walters	$ 3,445,212
Cleveland State University	$16,719,670
Kent State University	$17,644,310
Kent State University - Ashtabula	$ 575,000
Kent State University - East Liverpool	$ 570,980
Kent State University - Geauga	$ 60,000
Kent State University - Salem	$ 288,310
Kent State University - Stark	$ 1,743,360
Kent State University - Trumbull	$ 175,000
Kent State University - Tuscarawas	$ 75,000
Miami University	$18,400,000
Miami University - Hamilton	$ 969,540
Miami University - Middletown	$ 1,568,330
Ohio State University	$80,760,310
Ohio State University - Lima	$ 2,152,620
Ohio State University - Mansfield	$ 850,000
Ohio State University - Marion	$ 408,000
Ohio State University - ATI	$ 1,560,000
Ohio University	$26,700,280
Ohio University - Eastern	$ 398,040
Ohio University - Chillicothe	$ 953,030
Ohio University - Lancaster	$ 1,116,760
Ohio University - Zanesville	$ 1,136,920
Shawnee State University	$ 1,751,500
University of Toledo	$19,800,000
Wright State University	$11,300,000
Youngstown State University	$ 9,200,000
Medical College of Ohio	$ 5,442,150
Northeastern Ohio Universities College of Medicine	$ 1,825,580
Cincinnati State Technical and Community College	$ 1,036,000
Columbus State Community College	$ 1,500,000
Cuyahoga Community College	$ 8,594,077
Edison State Community College	$ 50,000
Jefferson Community College	$ 817,165
Lakeland Community College	$ 3,165,340
Lorain Community College	$ 100,000
Owens Community College	$ 3,747,260
Rio Grande Community College	$ 636,000
Hocking Technical College	$ 2,924,325
Lima Technical College	$ 900,000
Marion Technical College	$ 52,700
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