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H. B. No. 464 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Hagan, R., Fende, Lundy, Skindell, Domenick, Williams, S., Dyer, Heard, Letson, Williams, B., DeGeeter, Dodd, Stewart, D., Otterman, J., Luckie, Bolon
A BILL
To amend section 3770.06 and to enact section
3317.0212 of the Revised Code to require that a
portion of lottery profits be distributed annually
on a per pupil basis to public and chartered
nonpublic schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3770.06 be amended and section
3317.0212 of the Revised Code be enacted to read as follows:
Sec. 3317.0212. (A) As used in this section:
(1) "Chartered nonpublic school" has the same meaning as in
section 3310.01 of the Revised Code.
(2) "Per pupil distribution amount" means the excess lottery
profits amount, determined under division (B)(2)(b) of section
3770.06 of the Revised Code, divided by the sum of the student
counts for all entities for which student counts are prescribed by
division (A)(3) of this section.
(3) "Student count" means:
(a) For a city, exempted village, or local school district,
the district's formula ADM for the previous fiscal year, minus the
following:
(i) The number of students included in the district's formula
ADM who were enrolled in a community school, as certified under
division (A)(2)(a) of section 3317.03 of the Revised Code and
verified by the superintendent of public instruction;
(ii) The number of students included in the district's
formula ADM who were enrolled in an alternative school under the
pilot project scholarship program, as certified under division
(A)(2)(b) of that section and verified by the superintendent of
public instruction;
(iii) The number of students included in the district's
formula ADM who were enrolled in a chartered nonpublic school
under the educational choice scholarship pilot program, as
certified under division (A)(2)(g) of that section and verified by
the superintendent of public instruction;
(iv) The number of students included in the district's
formula ADM who were enrolled in an alternative public provider or
registered private provider under the autism scholarship program,
as certified under division (A)(2)(h) of that section and verified
by the superintendent of public instruction;
(v) The number of students included in the district's formula
ADM who were enrolled in a science, technology, engineering, and
mathematics school, as certified under division (A)(2)(i) of that
section and verified by the superintendent of public instruction.
(b) For a joint vocational school district, the district's
formula ADM for the previous fiscal year.
(c) For a community school established under Chapter 3314. of
the Revised Code, the number of students reported for the previous
fiscal year under divisions (B)(2)(a) and (b) of section 3314.08
of the Revised Code, minus the number of the school's students who
also were enrolled in a joint vocational school district as
certified under division (D)(1) of section 3317.03 of the Revised
Code, all on an FTE basis and as verified by the superintendent of
public instruction.
(d) For a STEM school established under Chapter 3326. of the
Revised Code, the number of students reported for the previous
fiscal year under division (A) of section 3326.32 of the Revised
Code, minus the number of the school's students who also were
enrolled in a joint vocational school district as certified under
division (D)(1) of section 3317.03 of the Revised Code, all on an
FTE basis and as verified by the superintendent of public
instruction.
(e) For a chartered nonpublic school, the number of students
enrolled in the school during the previous fiscal year as reported
to the department of education in the manner and by the deadline
established by the department of education for purposes of this
section. A chartered nonpublic school's "student count" shall be
determined on an FTE basis and shall include students enrolled in
the school with a scholarship under sections 3313.974 to 3313.979
or Chapter 3310. of the Revised Code.
(B) On or before August 1, 2009, and on or before the first
day of August of each fiscal year thereafter, the department of
education shall pay to each entity for which a separate student
count is prescribed by division (A)(3)(a), (b), (c), (d), or (e)
of
this section an amount equal to the entity's student count
multiplied by the per pupil distribution amount. The amount paid
to an entity under this section is in addition to any other amount
calculated and paid to the entity under this chapter or Chapter
3310., 3313., 3314., or 3326. of the Revised Code.
(C) The amount paid to an entity under this section may be
used for any lawful purpose, except for the payment of salaries
and benefits, in support of the entity's elementary, secondary,
vocational, or special education programs.
Sec. 3770.06. (A) There is hereby created the state
lottery
gross revenue fund, which shall be in the custody of the
treasurer
of state but shall not be part of the state treasury.
All gross
revenues received from sales of lottery tickets, fines,
fees, and
related proceeds
in connection with the statewide
lottery and all
gross proceeds from statewide joint lottery games
shall be
deposited into the fund. The
treasurer
of state shall
invest any
portion of the fund not
needed for
immediate use in the
same
manner as, and subject to
all provisions
of law with respect
to
the investment of, state
funds. The
treasurer of state shall
disburse money from the fund
on order of
the director of the state
lottery commission or the
director's
designee.
Except for
gross proceeds from statewide joint lottery games,
all revenues of
the state lottery gross revenue fund
that are not
paid to holders
of winning lottery tickets, that are
not required
to meet
short-term prize liabilities, that are not
credited to
lottery
sales
agents in the form of
bonuses,
commissions,
or
reimbursements,
that are not paid to
financial
institutions
to
reimburse
those institutions for sales
agent
nonsufficient
funds,
and that are collected from sales agents for remittance to
insurers under contract to provide sales agent bonding services
shall be
transferred to the state
lottery
fund, which is
hereby
created in
the state treasury.
In addition, all revenues of
the
state lottery
gross revenue fund that represent the gross
proceeds
from the
statewide joint lottery games and that are not
paid to
holders of
winning lottery tickets, that are not required
to meet
short-term
prize liabilities, that are not credited to lottery
sales
agents in
the form of bonuses, commissions, or
reimbursements, and
that are
not necessary to cover operating
expenses associated with
those
games or to otherwise comply with
the agreements signed by the
governor that the
director
enters
into under division (J) of
section 3770.02 of the
Revised
Code or
the rules the commission
adopts under division
(B)(5) of
section
3770.03 of the Revised
Code shall be transferred
to the
state
lottery fund. All
investment earnings of
the fund
shall be
credited to the fund.
Moneys shall be disbursed
from the
fund
pursuant to
vouchers
approved by the director.
Total
disbursements
for monetary
prize
awards to holders of
winning
lottery tickets
in
connection with
the statewide lottery and
purchases
of goods and
services
awarded
as prizes to holders of
winning
lottery tickets
shall be
of an
amount equal
to at least
fifty per cent of the
total
revenue
accruing from the
sale of
lottery tickets.
(B)(1) Pursuant to Section 6 of Article XV, Ohio
Constitution,
there is hereby established in the state treasury
the lottery
profits education fund. Whenever, in the judgment of
the director
of budget and management, the amount to the credit
of
the state
lottery fund
that does not represent proceeds from
statewide joint
lottery games is in excess of that needed to meet
the
maturing
obligations of the commission and as working capital
for
its
further operations, the director shall transfer the
excess
to the
lottery profits education fund
in connection with the
statewide
lottery.
In addition, whenever, in the
judgment of
the
director
of
budget and management, the amount to
the credit of
the state
lottery fund that represents proceeds from
statewide
joint lottery
games equals the entire net proceeds of
those games
as described
in division (B)(5) of section 3770.03 of
the Revised
Code and the
rules adopted under that division, the
director shall
transfer
those proceeds to the lottery profits
education fund.
There
shall
also
be credited to the fund any
repayments of moneys
loaned from
the
educational excellence
investment fund.
Investment
earnings
of
the lottery profits
education fund shall be credited
to the
fund.
The Subject to division (B)(2) of this section, the
lottery
profits
education fund shall be used solely for
the
support of
elementary,
secondary, vocational, and special
education programs
as
determined in appropriations made by the
general assembly, or
as
provided in applicable bond proceedings
for
the payment of debt
service on obligations issued to pay costs
of capital
facilities,
including those for a system of common
schools throughout the
state pursuant to section 2n of Article
VIII, Ohio Constitution.
When determining the
availability of
money in
the lottery profits
education fund, the director of
budget and
management may consider
all balances and estimated
revenues of
the fund.
(2)(a) As used in this division, "base lottery profits
amount" means the total amount appropriated from the lottery
profits education fund group for foundation funding for fiscal
year 2009.
(b) On or before July 15, 2009, and on or before the
fifteenth day of July of each fiscal year thereafter, the director
of budget and management shall certify to the superintendent of
public instruction the amount by which lottery profit transfers
into the lottery profits education fund during the previous fiscal
year exceeded the sum of (i) the base lottery profits amount plus
(ii) the amount paid from the lottery profits education fund
during the previous fiscal year for debt service on obligations
issued to pay costs of capital facilities, including those for a
system of common schools throughout the state pursuant to section
2n of Article VIII, Ohio Constitution. That excess amount is the
"excess lottery profits amount" that is available for distribution
in the current fiscal year. The department of education shall
distribute that excess lottery profits amount during the current
fiscal year in accordance with section 3317.0212 of the Revised
Code.
(C) There is hereby established in the state treasury the
deferred prizes trust fund. With the approval of the director of
budget and management, an amount sufficient to fund annuity
prizes
shall be transferred from the state lottery fund and
credited to
the trust fund. The treasurer of state shall
credit all earnings
arising from investments purchased under this
division to the
trust
fund. Within sixty days after the end of each
fiscal year,
the treasurer of state shall certify to the director of budget and
management whether the actuarial amount of the trust fund is
sufficient over the fund's life for continued funding of all
remaining deferred prize liabilities as of the last day of the
fiscal year just ended. Also, within that sixty days,
the
director
of budget and management shall certify
the amount of
investment
earnings necessary to have been credited
to the trust
fund during
the fiscal year just ending to provide
for such continued
funding
of deferred prizes. Any earnings credited
in excess of
the
latter
certified amount shall be transferred to the
lottery
profits
education fund.
To provide all or a part of the
amounts necessary
to fund
deferred prizes awarded by the
commission in connection with the
statewide lottery, the treasurer
of state, in consultation with
the
commission, may invest moneys
contained in the deferred prizes
trust fund which represents proceeds from the statewide lottery in
obligations of the
type permitted for the investment of state
funds but whose
maturities are thirty years or less.
Notwithstanding the requirements of any other section of the
Revised Code, to provide all or part of the amounts necessary to
fund deferred prizes awarded by the commission in connection with
statewide joint lottery games, the treasurer of state, in
consultation with the commission, may invest moneys in the trust
fund which represent proceeds derived from the statewide joint
lottery games in accordance with the rules the commission adopts
under division (B)(5) of section 3770.03 of the Revised Code.
Investments of the
trust fund are not subject to the provisions
of
division
(A)(10) of section 135.143 of the Revised Code
limiting
to
twenty-five
per cent the amount
of the state's total
average
portfolio that
may be invested in debt interests
and
limiting to
one-half of one
per cent the amount that may be
invested in
debt
interests of a
single issuer.
All purchases made under this division shall be effected on
a
delivery versus payment method and shall be in the custody of
the
treasurer of state.
The treasurer of state may retain an investment advisor, if
necessary. The commission shall pay any costs incurred by the
treasurer of state in retaining an investment advisor.
(D) The auditor of state shall conduct annual audits
of all
funds and
any other audits as the auditor of state or
the
general
assembly considers necessary. The auditor of state may
examine
all
records, files, and other documents of the commission,
and
records
of
lottery sales agents
that pertain to their
activities
as
agents, for purposes of
conducting authorized
audits.
The state lottery commission shall establish an internal
audit program
before the beginning of each fiscal year, subject to
the approval of the
auditor of state. At the end of each fiscal
year, the commission shall
prepare and submit an annual report to
the auditor of state for the auditor of
state's review and
approval, specifying the internal audit work completed by
the end
of that fiscal year and reporting on compliance with the annual
internal audit program. The form and content of the report shall
be
prescribed by the auditor of state under division (C) of
section
117.20 of the Revised Code.
(E) Whenever, in the judgment of the director of budget and
management, an amount of net state lottery proceeds is necessary
to be applied
to the payment of debt service on obligations, all
as defined in sections
151.01 and 151.03 of the Revised Code, the
director shall transfer that amount directly from
the state
lottery fund or from the lottery profits education fund to the
bond
service fund defined in those sections. The provisions of
this division
are subject to any prior pledges
or obligation of
those amounts to the payment of bond service
charges as defined in
division
(C) of section 3318.21 of the
Revised Code, as referred
to in division (B)
of this section.
Section 2. That existing section 3770.06 of the Revised Code
is hereby repealed.
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