Am. Sub. H.B. 562

127th General Assembly

 

 

The Conference Committee recommends the bill as passed by the Senate with the following changes:

 

 

Attorney General

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Designation of Certain State Fire Marshal Law Enforcement Officers as Peace Officers

Designates as a peace officer, for purposes of the Peace Officer Training Law and the Arrest Law, a State Fire Marshal law enforcement officer appointed under the State Fire Marshal Law, or a person serving as such an officer on a permanent basis on or after July 1, 1982, who has been awarded a certificate by the Executive Director of the Peace Officer Training Commission attesting to the person's satisfactory completion of an approved, state, county, municipal, or Department of Natural Resources peace officer basic training program (R.C. 109.71, 2935.01, and 2935.03).

Removes the House provision designating a State Fire Marshal law enforcement officer as a peace officer and increases the penalties for aggravated assault if the victim is an arson investigator (R.C. 2903.12).

Restores the House-passed provision designating as a peace officer a State Fire Marshal law enforcement officer and removes the provision that establishes increased penalties for aggravated assault upon an arson investigator.  (R.C. 109.71, 2903.12, 2935.01, and 2935.03).

 

 

Auditor of State

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Audits of Public Offices by Independent Accountants

(R.C. 117.11)

No provision.

No provision.

With respect to the employment of independent accountants to conduct audits of public offices in lieu of the Auditor of State, permits the contract for attest services to include alternative dispute resolution procedures to be followed in the event a dispute remains between the state or public office and the independent accountant over the terms of the contract or a breach of the contract after the administrative provisions of the contract have been exhausted.

 

 

Office of Budget and Management

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Transfer from the Disaster Services Fund

(Section 610.44)

No provision.

Permits the Director of Budget and Management to transfer cash from the Disaster Services Fund (Fund 5E2) to the GRF subsequent to appropriation increases approved by the Controlling Board for GRF appropriation item 911-401, Emergency Purposes/Contingencies.

Requires, rather than permits, the Director of Budget and Management to transfer cash from the Disaster Services Fund (Fund 5E2) to the GRF subsequent to appropriation increases approved by the Controlling Board for GRF appropriation item 911-401, Emergency Purposes/Contingencies.

 

 

 

 

 

 

Capitol Square Review and Advisory Board

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Warehouse for Capitol Collection Trust Items

(R.C. 105.41; Sections 222.10 and 610.40)

No provision.

Requires the Capitol Square Review and Advisory Board (CSRAB) to purchase a warehouse for storing items of the Capitol Collection Trust and, whenever necessary, equipment or other CSRAB property, and provides for funding the warehouse.

Authorizes, rather than requires as in the Senate version, the CSRAB to purchase a warehouse in which to store items of the Capitol Collection Trust and, whenever necessary, equipment or other property of the Board; retains funding provisions.

 

 

Board of Deposit

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Banking Contracts for EFT Payments

(Section 610.40)

No provision.

No provision.

Increases appropriation line item 974-601 Board of Deposit by $200,000 in FY 2009 to allow the Board of Deposit (BDP) to pay for three banking contracts for EFT payments. The authority to issue these payments was transferred from the Auditor of State to the Office of Budget and Management (OBM).  However, OBM transferred the management of the three banking contracts to the BDP to increase efficiency.

 

 

Department of Education

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

District-Operated STEM Schools

(R.C. 3326.51)

No provision.

Permits a school district, subject to approval of the Partnership for Continued Learning, to be the governing body of a science, technology, engineering, and mathematics (STEM) school for which it is a partner in proposing.  In that case, the school district board of education may govern and control the school as one of the schools of its district, and per pupil funding would be calculated in a manner similar to funding of open enrollment students.

Same as the Senate version, but replaces the requirement that the Auditor of State "certify" that a school district operating a STEM school "appropriately expended" money for the STEM school, with a requirement that the Auditor must "audit" the district for "compliance with" the bill's requirements for financing of district-operated STEM schools.

 

 

Department of Health

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Ohio Dentist Loan Repayment Program

(Sections 503.20 and 610.40)

Removes the role of the Board of Regents (BOR) in administering the Dental Loan Repayment Program and Physician Loan Repayment Program.  Both programs would be solely administered by the Department of Health (DOH).  Transfers the cash balances and encumbrances of the two state funds (Funds 5Z7 and 4P4) and one federal fund (Fund 3T00) associated with the programs from BOR to DOH.  Establishes appropriations in DOH for the programs.

Changes the Dental Loan Repayment Program reference to the Dentist Loan Repayment Program. Specifies that the transferred cash balance and encumbrances in Fund 3T00 include both the Dentist and Physician Loan Repayment programs (the House version includes only the Dentist Loan Repayment Program reference in this fund).

Corrects additional references to the Ohio Dentist Loan Repayment Program.

 

 

Department of Job and Family Services

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Nursing Facilities' Uncompensated Capital Costs

(Sections 309.30.41 and 309.30.42)

(1)  Provides that the per diem payments for nursing facilities' uncompensated capital costs are for the first three quarters of fiscal year 2008 only, rather than all of fiscal years 2008 and 2009.

(2)  Caps the expenditures for the uncompensated capital costs at $4.2 million, rather than $7 million.

(3)  Provides that the deadline for qualifying for the payments is March 31, 2008, rather than June 30, 2008.

(4)  Requires that the payments be made not later than June 30, 2008.

(5)  No provision.















(6)  No provision.













(7)  Provides that the unencumbered balance of appropriation item 600-529, Capital Compensation Program, at the end of fiscal year 2008 is appropriated to appropriation item 600-525, Health Care/Medicaid, for fiscal year 2009.

(1)  Same as the House.







(2)  Same as the House.




(3)  Same as the House.





(4)  Same as the House.



(5)  No provision.















(6)  No provision.













(7)  Same as the House.

(1)  Same as the House.







(2)  Same as the House.




(3)  Same as the House.





(4)  Requires that the payments be made not later than August 31, 2008.

(5)  Provides that the payment to be made to a nursing facility that qualifies for the payment on the basis of having begun to participate in the Medicaid program during fiscal year 2006 or 2007 or the first three quarters of fiscal year 2008 is to be based in part on the capital costs portion of the nursing facility's Medicaid rate for June 30, 2006, rather than the capital costs portion of its fiscal year 2008 rate.

(6)  Provides that the payment to be made to a nursing facility that qualifies for the payment on the basis of having completed a capital project or activity before March 31, 2008, is to be based in part on the capital costs portion of the nursing facility's Medicaid rate for June 30, 2005, rather than the capital costs portion of its fiscal year 2008 rate.

(7)  Same as the House, except provides that the unencumbered balance of appropriation item 600-529, Capital Compensation Program, on September 30, 2008 (rather than at the end of fiscal year 2008) is so appropriated.

Nursing Facilities' Fiscal Year 2009 Medicaid Rates

(Section 309.30.30)

Revises the law governing the ceiling and floor applicable to the fiscal year 2009 Medicaid rate for nursing facilities with uncompensated capital costs.

Same as the House, except provides that the ceiling applicable to the fiscal year 2009 Medicaid rate for a type G nursing facility is to be not more than 102.75%, and the floor is to be not less than 98%, of the sum of (1) the rate the provider of the nursing facility was paid for nursing facility services that an older nursing facility the type G nursing facility replaced provided on July 1, 2005, and (2) another amount reflecting uncompensated capital costs.

Same as the Senate, except provides that the ceiling and floor applicable to the fiscal year 2009 Medicaid rate for a type C, type D, or type F nursing facility is based in part on the capital costs portion of the nursing facility's fiscal year 2005 rate rather than the capital costs portion of its fiscal year 2008 rate.

 

 

Judiciary/Supreme Court

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Domestic Violence Protection Orders

(R.C. 2907.10)

No provision.

Prohibits peace officers, prosecutors, and public officials from asking or requiring a victim of an alleged sex offense to submit to a polygraph examination as a condition to investigating, filing charges regarding, or prosecuting the alleged offense, prohibits the victim's refusal to submit to a polygraph examination from preventing the investigation, filing of charges regarding, or prosecution of the alleged offense, and prohibits comment at trial or in court proceedings about that refusal.

Removes the prohibition against asking or requiring the victim to undergo a polygraph examination as a condition to filing criminal charges regarding or prosecuting the alleged sex offense.  Removes the prohibition against commenting at trial or in court proceedings about the victim's refusal to undergo a polygraph examination.

 

 

 

Legislative Service Commission

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Legislative Service Commission

(Uncodified law)

No provision.

No provision.

Appropriates $750,000 in FY 2009 to appropriation item 035-407, Legislative Taskforce on Redistricting, and reappropriates any unexpended and unencumbered amount of this appropriation at  the end of FY 2009 to FY 2010.

 

 

 

 

 

 

Liquor Control Commission

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Elimination of Certain Prohibitions on the Location Where Beer and Intoxicating Liquor Solicitation Orders May Be Taken

(R.C. 4303.25)

No provision.

No provision.

Removes certain prohibitions on the solicitation of orders to purchase beer or intoxicating liquor at a location other than a liquor permit premises.  These prohibitions were enacted by Sub. S.B. 150 of the 127th General Assembly and will take effect September 1, 2008.

Correction to Wine Tax Refund Provision

(Section 743.10)

No provision.

Provides a wine tax refund to B-2a and S permit holders who paid the tax.

Corrects a provision of the Senate-passed version that provides a wine tax refund to B-2a and S permit holders by removing a reference to amendments that are no longer in the bill because they were enacted in S.B. 150.

 

 

 

Local Government

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Ohio Commission on Local Government Reform and Collaboration

Creates the nine-member Ohio Commission on Local Government Reform and Collaboration to develop recommendations on reforming and restructuring local government in Ohio, to increase the efficiency and effectiveness of local government operations, and to achieve cost savings; requires the Commission to create an advisory council.

Removes the House provision.

Same as House provision, but specifies that the Commission must develop recommendations on ways of increasing the efficiency and effectiveness of local government, achieving cost savings, and facilitating economic development; requires the Commission to compare services provided by the state with services provided by local governments; permits the Commission to create an advisory council; increases the Commission membership to 15 members; requires additional members to be appointed from local governmental organizations.

Restructured Form of County Government

Allows a board of county commissioners in a county with a population of 1.2 million or more to submit to the electors the question of whether to adopt a restructured form of county government; prescribes generally the characteristics to be had by such a restructured county government; provides authority for a board of county commissioners of a restructured form of county government to enter into agreements with other political subdivisions to exercise any power, perform any function, or render any service, on behalf of the contracting subdivision or its legislative authority, which that subdivision or legislative authority may exercise, perform, or render.  (R.C. 353.01 to 353.063.)

Removes the House provision.

Creates the Commission on Cuyahoga County Government Reform with nine members to develop recommendations by which Cuyahoga County may, with a vote of the people, restructure, reform, or otherwise reorganize the county government to implement a more effective, efficient, financially and economically viable county government structure to better serve the people of Cuyahoga County; requires the Commission to issue a report of its findings, together with its recommendations in legislative form, by November 7, 2008; appropriates $200,000 in FY 2009 to appropriation item  035-321, Operating Expenses, and specifies that the appropriation be used to support the Commission.  (Sections 503.__ and 703.___.)

Conservancy District Maintenance Assessments and Annual Levies

(R.C. 6101.53 and 6101.55)

No provision.

Changes, from September 1 to September 15, the date by which the board of directors of a conservancy district may levy a conservancy maintenance assessment or must certify the annual levy of all assessments.

Same as the Senate version, but changes the date by which the board of directors may levy a conservancy maintenance assessment or must certify the annual levy of all assessments from September 15 to September 30.

 

 

Department of Mental Retardation and Developmental Disabilities

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

ICF/MR Franchise Permit Fee

(R.C. 5112.37 and 5112.371)

Provides for 2.1% of the franchise permit fee charged intermediate care facilities for the mentally retarded (ICFs/MR) to be deposited in the Autism Preschool Program Fund and 97.9% to be deposited in the Home and Community-Based Services for the Mentally Retarded and Developmentally Disabled Fund.

Provides for 9.39% of the ICF/MR franchise permit fee to be deposited in the Children with Intensive Behavioral Needs Programs Fund and 90.61% to be deposited into the Home and Community-Based Services for the Mentally Retarded and Developmentally Disabled Fund.

Provides for 5.72% of the ICF/MR franchise permit fee to be deposited in the Children with Intensive Behavioral Needs Programs Fund and 94.28% to be deposited in the Home and Community-Based Services for the Mentally Retarded and Developmentally Disabled Fund.

Department of Natural Resources

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Removal of Creation of Mine Safety Fund and Changes to Mine Safety Requirements and Procedures

Makes the following changes to mine safety requirements and procedures:

(1) Creates the Mine Safety Fund to be used for specified mine safety purposes, and authorizes the Administrator of Workers' Compensation to transfer a portion of the interest money from the existing Coal-Workers Pneumoconiosis Fund to the Mine Safety Fund;

(2) Requires applicants for examination for certification as mine forepersons or forepersons of gaseous or nongaseous mines to pay a fee established in rules rather than the $10 fee established in current law;

(3) Requires a person who has been certified as a mine foreperson or foreperson of a gaseous mine or nongaseous coal mine and who has not worked in an underground coal mine for more than two years to be recertified, and requires such a previously certified person who has not worked in an underground coal mine for at least one year to successfully complete a retraining course;

(4) Establishes immunity for mine rescue crew members, employers of crew members, and employees of the Division of Mineral Resources Management in the Department of Natural Resources from liability in any civil action that arises for damage or injury caused in the performance of rescue work at an underground coal mine;

(5) Allows the operator of an underground coal mine to provide a mine medical responder at the mine in order to comply with the existing requirement that an emergency medical technician be on duty at the mine when miners are working;

(6) Requires the operator of an underground coal mine to provide tag lines or tie-off lines for each miner at the mine, and requires mine employees to use tag lines or tie-off lines;

(7) Requires the operator of an underground coal mine to install fire detection devices on each conveyor belt that is used in a mine; and

(8) Requires the Chief of the Division of Mineral Resources Management to adopt the necessary rules to implement those changes (R.C. 1561.011, 1561.16, 1561.17, 1561.23, 1561.24, 1561.25, 1561.26, 1561.261, 1565.15, 1567.64, 1567.681, and 4131.03, and Section 715.40).

Same as the House version.

Removes all of the provisions in the House version due to the enactment of Am. S.B. 323 of the 127th General Assembly.

State Park and Recreational Area Study Committee

(Section 715.___)

Creates the State Park and Recreational Area Study Committee to study and assess the current and future operating budgets and the condition of the current infrastructure and future needs of the state parks and of recreational areas under the control of the Department of Natural Resources, and requires the Committee to submit a report of its findings not later than December 31, 2008.

Removes the State Park and Recreational Area Study Committee provisions.

Same as the House.

Greene County Parks & Recreation

(Section 235.10)

Earmarks $58,500 in appropriation item C725E2, Local Parks Projects, to be used by the Greene County Parks and Recreation Department for Greene County Park improvements.

Same as the House version.

Changes the earmark in Department of Natural Resources appropriation item C725E2, Local Parks Projects, for the Greene County Parks and Recreation Department to specify that the earmark is to be used to provide recreational opportunities.

 

 

Public Utilities Commission of Ohio

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Telecommunications Relay Service:  Rulemaking

(R.C. 4905.84)

Authorizes the Public Utilities Commission (PUCO), not earlier than January 1, 2009, to assess service providers the cost of telecommunications relay service (TRS) to the hearing and speech impaired in Ohio in an amount not to exceed the TRS costs, permits service providers to recover the assessment from their customers, requires annual reconciliation regarding the assessment, allows for confidentiality of information provided by service providers to the commission, imposes a forfeiture on service providers that fail to comply with the assessment, and grants the commission the jurisdiction and authority to administer and enforce the TRS requirements and requires the commission to adopt rules under the Administrative Procedure Act (APA) related to the assessment.

Same as the House version.

Replaces the provision of the bill requiring the PUCO, in assessing service providers the cost of TRS to the hearing and speech impaired, to adopt rules establishing the TRS assessment amounts and procedures under the APA with a provision requiring the PUCO to adopt such rules subject to the rulemaking requirements of R.C. 111.15.

Electric Utility Five-Year Ramp-Up to Market

(R.C. 4928.142)

Makes the competitively bid standard service offer load "ramp up" percentages in years 1, 3, 4, and 5, a fixed 10%, 30%, 40%, and 50%, respectively, and the percentage for year 2 a maximum percentage of 20%, and authorizes the PUCO to determine actual percentages that are "consistent with" the stated percentages.

Retains the fixed 10% in year 1 and establishes maximum percentages for years 2, 3, 4, and 5, as not more than 20%, not more than 30%, not more than 40%, and not more than 50%, respectively, and retains the PUCO authority to determine actual percentages.

Same as House version.

 

 

Public Works Commission

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Public Works Commission

(Section 257.10)

No provision.

No provision.

Adds the Local Infrastructure Development Fund (Fund 7039) to the list of funds from which capital releases may be made upon the request of the agency to which the funds were appropriated and the approval of the Director of Budget Management.

 

 

Retirement Systems

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Ohio Police and Fire Pension Fund Policy for Divestment from Holdings in Iran and Sudan

(Section 707.___)

Requires the Ohio Police and Fire Pension Fund to identify all companies in which the Fund has direct or indirect holdings that have certain business ties in Iran or Sudan, engage the companies that have been identified, and develop a policy for the divestment of holdings in companies that fail to discontinue the business ties.

Requires the Police and Fire Pension Board to file a semiannual report with the Ohio Retirement Study Council with respect to any investments sold, redeemed, divested, or withdrawn due to a company's business ties to Iran or Sudan.

Requires the Ohio Police and Fire Pension Fund to develop a policy for the divestment of holdings in certain companies with business ties to Iran or Sudan.

 

 

School Facilities Commission

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Segmenting School Facilities Projects

(R.C. 3318.01, 3318.03, 3318.032, 3318.034, and 3318.04)

Permits a school district offered assistance under the Classroom Facilities Assistance Program on or after the bill's effective date to divide its entire facilities needs into segments, with each segment to proceed sequentially as a separate smaller project, with the School Facilities Commission and the Controlling Board approving only one segment at a time.

Specifies that a segment must entail at least the construction or complete renovation of an entire building, cannot leave any building only partially completed, and must be to an extent that the district's share of the cost of the segment is not less than the amount that would be generated by a 3-mill property tax of the district's taxable valuation for 23 years.

Changes the alternative debt-based calculation of a district's portion of the project cost for a segment to account for the fact that the segment is only a fraction of the district's entire classroom facilities needs.

Specifies that the requirement to raise one-half mill for maintenance of the facilities runs for 23 years from the year the first segment is begun.

Same as the House version.

Modifies the provisions by:

(1)  Qualifying both (a) districts that have not executed an agreement with the Commission prior to the bill's effective date and (b) districts that received partial assistance prior to 1997 (so-called "1990 districts") and are eligible for additional assistance (rather than simply districts "offered" assistance on or after the bill's effective date); and

(2)  Specifying the minimum cost of each segment must be such that the district's local share is at least 40 mills times the district's taxable valuation at the time the project agreement for the segment is executed (rather than an amount that would be generated by a 3-mill property tax over 23 years).

All other provisions are the same as the House version.

Eligibility for Exceptional Needs Program

(R.C. 3318.37)

No provision.

No provision.

Expands eligibility for the Exceptional Needs School Facilities Assistance Program to all school districts.  (Currently, districts are eligible only if they are ranked in the 75th percentile or lower on the equity list or have a territory of more than 300 square miles.)

Payroll Records Relating to State-Assisted School Facilities Projects

(R.C. 1333.61 and 3318.90)

No provision.

No provision.

Specifies that, for purposes of the state Uniform Trade Secrets Act, "trade secrets" include payroll records relating to employees' wages and benefits that are provided to the Ohio School Facilities Commission by a contractor or subcontractor that bids on or is awarded a state-assisted school facilities project.

Requires the Commission to keep a contractor's or subcontractor's payroll records confidential and specifies that if the Commission misappropriates that information, the contractor, subcontractor, or any employee affected by the misappropriation may seek damages or an injunction against further misappropriation.

 

 

Secretary of State

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Voter Military Identification

(R.C. 3501.19, 3503.14, 3503.16, 3503.19, 3503.28, 3505.18, 3505.181, 3505.182, 3505.183, 3509.03, 3509.031, 3509.04, 3509.05, 3511.02; 3511.09; Section ___)

No provision.

No provision.

Eliminates the requirement that a military identification used to identify an individual as a qualified elector contain a name and current address.

Absent Voter's Ballot Envelope Questions

(R.C. 3511.05)

No provision.

No provision.

Eliminates the additional questions that appear on identification envelopes for armed service absent voter's ballots.

 

Department of Taxation

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

School Replacement Payments:  Neutralizing Effect of Personal Property Tax Phase-out

(R.C. 5727.85; Section 733.12)

Prevents state aid increases--caused by the phase-out of business personal property taxes--from accelerating the cessation of replacement payments that compensate school districts for utility deregulation-related property tax losses.

Same as the House, but applies the provision retrospectively to the October 2007 replacement payment computation, allowing at least one school district to continue receiving replacement payments that otherwise would cease.

Retains both the House and Senate provisions, but corrects an erroneous section reference and an inaccurate description of the affected payments.

Sales and Use Taxes: Electronic Filing Date

(R.C. 5739.12, 5739.122, 5739.124, 5741.12, 5741.121, and 5741.122)

Requires vendors, sellers, and some consumers to file sales and use tax returns and pay the taxes electronically in a manner approved by the Tax Commissioner.

Same as the House.

Same as the House and Senate, but delays the provision's effective date until January 1, 2009.  (R.C. 5739.12, 5739.122, 5739.124, 5741.12, 5741.121, and 5741.122.)

DTAC Funds for Foreclosure Prevention

(R.C. 321.262)

Permanently authorizes the board of county commissioners of a county with a population exceeding 125,000 to authorize up to $3 million in delinquent tax collections to be used to prevent residential mortgage foreclosures in the county and for nuisance abatement of foreclosed dwellings.

Provides the same authority as the House version, except the population threshold is raised to 400,000.  In addition, the bill permits more than $3 million to be used for nuisance abatement and foreclosure prevention if the county treasurer and the prosecuting attorney certify that a surplus exists in the DTAC fund and the board of commissioners authorizes the use of the surplus.

Permanently authorizes the county treasurer or prosecuting attorney of a county with a population exceeding 400,000 to utilize "surplus" delinquent tax collections, up to a combined total of $3 million per year, to assist homeowners to avoid mortgage foreclosure.  Removes the authority granted to a board of county commissioners to use such surplus funds to assist municipal corporations in the county in the nuisance abatement of deteriorated residential buildings in foreclosure.

School District Replacement Payment Schedule

(R.C. 5751.21(E))

Changes the date by which the third of the thrice-annual payments are made to compensate school districts for the business personal property tax phase-out, from May 31 to June 30.

Restores the payment date to May 31 for fixed-rate levy reimbursements.

Corrects the bill to align the date of fixed-sum levy reimbursement with the date for fixed-rate levy reimbursement--i.e., the third payment for all kinds of levies will be made by May 31, as under current law.

Cigarette Tax for Arts and Cultural Districts: Remove Termination of Authority

Terminates the authority for some counties to levy new cigarette and alcoholic beverage taxes for sports facilities.

Terminates the authority for Cuyahoga County to levy a new cigarette excise tax to fund a regional arts and cultural district.
In both cases, existing taxes are permitted to continue until expiration.

Same as the House.

Removes the provision that terminates the authority for Cuyahoga County to levy a new cigarette excise tax to fund a regional arts and cultural district.  (R.C. 307.697, 351.26, 5743.024, and 5743.323.)

Retains the provisions terminating the authority for some counties to levy new cigarette and alcoholic beverage taxes for sports facilities.  (R.C. 5743.021 and 5743.321.)

Delinquent Tax Certificate Holding Period

(R.C. 5721.37; Section 812.__)

No provision.

No provision.

Extends from three years to six years the maximum holding period of tax certificates purchased at public auction (as distinct from private sale), within which time the holder must initiate foreclosure.  Privately purchased certificates have a six-year holding period under current law.

 

 

Department of Transportation

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Business Logo Sign Program

(R.C. 4511.101; Sections 610.10, 610.11, 610.20, and 610.21)

Removes from the As Introduced version of the bill a $11.2 million appropriation for FY 2009 in line 774-610, Motorist Service Signs.

Allows the Director of Transportation to establish a fee for participation in the existing business logo sign program; creates the Motorist Service Sign Fund, consisting of proceeds from the business logo program, and allows the Director to use money in the Fund for transportation purposes; and eliminates a requirement that costs of the program at a specific interchange be divided equally among participating businesses.

Appropriates $11.2 million from the Motorist Service Sign Fund in FY 2009.

Reallocates the revenue generated from the business logo sign program from the Motorist Service Sign Fund for transportation purposes to the Department of Public Safety and deposited into the State Highway Safety Fund (Fund 036) for the operating expenses of the State Highway Patrol.  Increases State Highway Safety Fund (Fund 036) appropriation item 764-321, Operating Expense – Highway Patrol, by $11.2 million in FY 2009.

Riding a Motorcycle That is Equipped with a Seat or a Saddle

Permits a motorcycle to be equipped with either a seat or a saddle (R.C. 4511.01(C)).

Same as the House version.

Makes necessary corresponding changes relative to the legal ways of riding a motorcycle because of a change the bill makes to the definition of "motorcycle" in R.C. 4511.01(C) (R.C. 4511.53).

Signal Preemption System Pilot Program

(Sections 610.10 and 610.11)

Changes the recipient of funding for a FY 2008 portable signal preemption system pilot program funded in the FY 2008-2009 transportation budget act, Am. Sub. H.B. 67 of the 127th General Assembly, from the township having the largest geographic area to the township having the largest population according to the most recent federal decennial census:  Colerain Township in Hamilton County.

Same as the House version.

Removes the House version.

 

 

Ohio Water Development Authority

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Declaring loan from Ohio Water Development Authority Void

(Section 715.20)

Declares that a loan that is currently outstanding and that was granted prior to 1995 by the Ohio Water Development Authority (WDA) to a regional water and sewer district concerning which the district originally owed less than $5,000 is void and cannot be collected by the WDA.

Declares that a loan that is currently outstanding and that was granted prior to 1995 by the WDA to a regional water and sewer district concerning which the district originally received only an initial advance of less than $5,000 from an original loan agreement of $100,000 is void and cannot be collected by the WDA.

No provision.

Limitation on Fees and Fines related to WDA Loans

(R.C. 6121.045 and 6123.042)

Prohibits the WDA from charging any fees or fines in excess of the principal amount of a loan made by the WDA.

Same as the House.

Clarifies that the WDA may not charge fees or fines that in the aggregate exceed an amount equal to the principal of the loan.

 

 

Bureau of Workers' Compensation

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Bureau of Workers' Compensation Transition from Use of the Micro Insurance Reserve Analysis System

(Sections 610.30, 610.31, and 812.20)

Changes the date by which the Administrator of Workers' Compensation must transition from using the Micro Insurance Reserve Analysis System to a different system or different version of the current system to determine the reserves for use in establishing premium rates assessed for purposes of the Workers' Compensation Law from June 30, 2008 to July 1, 2008.

Same as the House version.

Removes the provision that requires the Administrator of Workers' Compensation, by July 1, 2008, to transition from use of the Micro Insurance Reserve Analysis System to a different system or different version of that system to determine the reserves for use in establishing premium rates assessed for purposes of the Workers' Compensation Law.

Exemption from Workers' Compensation Council Review

Prohibits individuals covered under the federal Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.; LHWCA) from applying for and receiving benefits under Ohio's Workers' Compensation Law and requires the Administrator of Workers' Compensation to adopt rules regarding the premium calculations applicable to employers who employ employees covered under both those laws.

Requires an employer with employees covered under both the LHWCA and under Ohio's Workers' Compensation Law to include in the employer's annual statement (1) the amount of wages paid to those employees when the employees provide labor and services for which they are eligible to receive LHWCA compensation and benefits and (2) the amount paid when they provide labor and services for which they are eligible to receive compensation benefits under Ohio's Workers' Compensation Law (R.C. 4123.26, 4123.32, 4123.37, and 4123.54, and Section 803.40).

Adds a provision to the House version specifying that the allocation of wages identified by the employer pursuant to the bill is not an indication of the law under which an employee is eligible to receive compensation and benefits (R.C. 4123.26).

Adds a provision to the Senate version to specify that the changes to Ohio's Workers' Compensation Law made by the bill concerning employees covered under both Ohio's Workers' Compensation Law and the LHWCA are not subject to the existing requirement that the Workers' Compensation Council (1) study all changes to Ohio's Workers' Compensation Law proposed to the General Assembly and (2) report to the General Assembly on their probable costs, actuarial implications, and desirability as a matter of public policy (Section 803.__).

 

 

Miscellaneous

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Marion County land conveyance

(Section 753.__)

No provision.

No provision.

Authorizes the conveyance of state-owned real estate located in Marion County.

Shelby County land conveyance

(Section 753.__)

No provision.

No provision.

Authorizes the conveyance of state-owned real estate located in Shelby County.

 

 

h0562-127.doc/kl

 

Conference Committee Recommends the Bill As Passed by the Senate with the Following Capital Appropriation Changes:

 

 

 

 

 

 

 

 

Fund

Agency

ALI

ALI Name

House Passed

 Senate Passed

 Conference Committee

Difference (Conference Committee vs. Senate)

Fund 7030

AFC

C371R4

Eagles Palace Theater

 $        600,000

 $             600,000

 $                410,000

 $           (190,000)

Fund 7030

AFC

C371S2

Arts in the Stark Cultural Center

 $        450,000

 $             450,000

 $                150,000

 $           (300,000)

Fund 7030

AFC

C371U1

Playhouse Square Center

 $        350,000

 $             350,000

 $                            -  

 $           (350,000)

Fund 7030

AFC

C371Z3

Port of Lorain Foundation - Lorain Lighthouse Restoration

 

 $                        -  

 $                190,000

 $             190,000

 

 

 

 

 

 

 

 

Fund 7031

DNR

C72512

Land Acquisition - Department

 $     3,000,000

 $         3,000,000

 $             2,600,000

 $           (400,000)

 

 

 

Vinton Furnace Experimental Forest

 $    2,500,000

 $         2,500,000

 $            2,100,000

 $          (400,000)

 

 

 

 

 

 

 

 

Fund 7033

DMH

C58021

Providence House

 $                    -  

 $                        -  

 $                200,000

 $             200,000

Fund 7033

DMR

C59058

Providence House

200000

 $             200,000

 $                            -  

 $           (200,000)

 

 

 

 

 

 

 

 

Fund 7034

CLS

C26053

Playhouse Square Center

 $                    -  

 $                        -  

 $                350,000

 $             350,000

 

 

 

 

 

 

 

 

Fund 7035

DNR

C725E2

Local Parks Projects

 $   25,552,333

 $       25,527,333

 $           26,227,333

 $             700,000

 

 

 

East Bank of the Flats

 $        333,333

 $            333,333

 $                733,333

 $            400,000

 

 

 

Canton Spray Park

 $        200,000

 $            200,000

 $                           -  

 $          (200,000)

 

 

 

Canton Water Facilities Park Project

 $                   -  

 $                        -  

 $                500,000

 $            500,000