To amend Sections 209.18 and 209.18.09 of Am. Sub. H.B. 66 of the 126th General Assembly, as subsequently amended, and to establish the Commercial Fishing Buy Out Program, and to make an appropriation

Section 1. That Sections 209.18 and 209.18.09 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by Am. Sub. H.B. 530 of the 126th General Assembly, be amended to read as follows:

Sec. 209.18.  DNR DEPARTMENT OF NATURAL RESOURCES

General Revenue Fund

General Services Fund Group

Federal Special Revenue Fund Group

State Special Revenue Fund Group

Clean Ohio Fund Group

Wildlife Fund Group

Waterways Safety Fund Group

Holding Account Redistribution Fund Group

Accrued Leave Liability Fund Group

Sec. 209.18.09. WILDLIFE LICENSE REIMBURSEMENT

Notwithstanding the limits of the transfer from the General Revenue Fund to the Wildlife Fund, as adopted in section 1533.15 of the Revised Code, up to the amount available in appropriation item 725-425, Wildlife License Reimbursement, may be transferred from the General Revenue Fund to the Wildlife Fund (Fund 015). Pursuant to the certification of the Director of Budget and Management of the amount of foregone revenue in accordance with section 1533.15 of the Revised Code, the foregoing appropriation item in the General Revenue Fund, appropriation item 725-425, Wildlife License Reimbursement, shall be used to reimburse the Wildlife Fund (Fund 015) for the cost of hunting and fishing licenses and permits issued after June 30, 1990, to individuals who are exempted under the Revised Code from license, permit, and stamp fees.

CANAL LANDS

The foregoing appropriation item 725-456, Canal Lands, shall be used to transfer funds to the Canal Lands Fund (Fund 430) to provide operating expenses for the State Canal Lands Program. The transfer shall be made using an intrastate transfer voucher and shall be subject to the approval of the Director of Budget and Management.

SOIL AND WATER DISTRICTS

In addition to state payments to soil and water conservation districts authorized by section 1515.10 of the Revised Code, the Department of Natural Resources may pay to any soil and water conservation district, from authority in appropriation item 725-502, Soil and Water Districts, an annual amount not to exceed $30,000, upon receipt of a request and justification from the district and approval by the Ohio Soil and Water Conservation Commission. The county auditor shall credit the payments to the special fund established under section 1515.10 of the Revised Code for the local soil and water conservation district. Moneys received by each district shall be expended for the purposes of the district. The foregoing appropriation item 725-683, Soil and Water Districts, shall be expended for the purposes described above, except that the funding source for this appropriation shall be a fee applied on the disposal of construction and demolition debris as provided in section 1515.14 of the Revised Code, as amended by Am. Sub. H.B. 66 of the 126th General Assembly.

Of the foregoing appropriation item 725-502, Soil and Water Districts, $25,000 in each fiscal year shall be used for the Conservation Action Project.

Of the foregoing appropriation item, 725-683, Soil and Water Districts, $200,000 in each fiscal year shall be used to support the Heidelberg College Water Quality Laboratory.

Of the foregoing appropriation item 725-683, Soil and Water Districts, $100,000 in each fiscal year shall be used to support the Muskingum Watershed Conservancy District.

Of the foregoing appropriation item 725-683, Soil and Water Districts, $100,000 in each fiscal year shall be used to support the Indian Lake Watershed in Logan County.

COMMERCIAL FISHING BUY-OUT PROGRAM

The foregoing GRF appropriation item 725-503, Commercial Fishing Buy-Out Program, shall be expended by the Division of Wildlife to acquire all commercial fishing licenses currently issued and in reserve, including the purchase of any rights to renew such licenses. Payment shall be made to the licensee to whom each such license was issued as soon as practicable after the effective date of this section. All commercial fishing shall cease prior to the 2007 season. The amount paid to each licensee shall equal the product obtained by multiplying $1.94 per pound for yellow perch species by an average number of pounds per year of yellow perch caught, as reported by the licensee under section 1533.42 of the Revised Code. For all other species, the amount shall be $0.28 per pound multiplied by an average number of pounds per year of other species caught, as reported by the licensee under section 1533.42 of the Revised Code. The average shall be determined by dividing by six the total for six years of largest reported catch during the 2000-2005 period. In no case shall the amount paid to each person holding a license be less than one hundred dollars.

DIVISION OF WATER

Of the foregoing appropriation item 733-321, Division of Water, $50,000 in fiscal year 2006 shall be used for the Fairport Harbor Port Authority boat launch in Lake County.

FUND CONSOLIDATION

The Director of Budget and Management shall transfer an amount certified by the Director of Natural Resources from the Central Support Indirect Fund (Fund 157) to the Law Enforcement Administration Fund (Fund 223) and the Information Services Fund (Fund 204) to implement a direct cost recovery plan.

STATE PARK DEPRECIATION RESERVE

The foregoing appropriation item 725-680, Parks Facilities Maintenance, shall be used by the Division of Parks and Recreation to maintain state park revenue producing facilities in the best economic operating condition and to repair and replace equipment used in the operation of state park revenue producing facilities.

Upon certification of the Director of Natural Resources, the Director of Budget and Management shall transfer the cash balance in the Depreciation Reserve Fund (Fund 161), which is abolished in section 1541.221 of the Revised Code, as amended by Am. Sub. H.B. 66 of the 126th General Assembly, to the State Park Fund (Fund 512), which is created in section 1541.22 of the Revised Code. All outstanding encumbrances shall be canceled on October 1, 2005.

OIL AND GAS WELL PLUGGING

The foregoing appropriation item 725-677, Oil and Gas Well Plugging, shall be used exclusively for the purposes of plugging wells and to properly restore the land surface of idle and orphan oil and gas wells pursuant to section 1509.071 of the Revised Code. No funds from the appropriation item shall be used for salaries, maintenance, equipment, or other administrative purposes, except for those costs directly attributed to the plugging of an idle or orphan well. Appropriation authority from this appropriation item shall not be transferred to any other fund or line item.

LITTER CONTROL AND RECYCLING

Of the foregoing appropriation item, 725-644, Litter Control and Recycling, not more than $1,500,000 may be used in each fiscal year for the administration of the Recycling and Litter Prevention program.

CLEAN OHIO OPERATING EXPENSES

The foregoing appropriation item 725-405, Clean Ohio Operating, shall be used by the Department of Natural Resources in administering section 1519.05 of the Revised Code.

WATERCRAFT MARINE PATROL

Of the foregoing appropriation item 739-401, Division of Watercraft, not more than $200,000 in each fiscal year shall be expended for the purchase of equipment for marine patrols qualifying for funding from the Department of Natural Resources pursuant to section 1547.67 of the Revised Code. Proposals for equipment shall accompany the submission of documentation for receipt of a marine patrol subsidy pursuant to section 1547.67 of the Revised Code and shall be loaned to eligible marine patrols pursuant to a cooperative agreement between the Department of Natural Resources and the eligible marine patrol.

WATERCRAFT REVOLVING LOAN PROGRAM

Upon certification by the Director of Natural Resources, the Director of Budget and Management shall transfer an amount not to exceed $3,000,000 in fiscal year 2006 and not to exceed $1,000,000 in fiscal year 2007 so certified from the Waterways Safety Fund (Fund 086) to the Watercraft Revolving Loans Fund (Fund 5AW). The moneys shall be used pursuant to section 1547.721 of the Revised Code.

PARKS CAPITAL EXPENSES FUND

There is hereby created in the state treasury the Parks Capital Expenses Fund (Fund 227). The fund shall be used to pay for design, engineering, and planning costs incurred by the Department of Natural Resources for capital parks projects.

The Director of Natural Resources shall submit to the Director of Budget and Management the estimated design, engineering, and planning costs of capital-related work to be done by Department of Natural Resources staff for parks projects. If the Director of Budget and Management approves the estimated costs, the Director may release appropriations from appropriation item 725-406, Parks Projects Personnel, for those purposes. Upon release of the appropriations, the Department of Natural Resources shall pay for these expenses from the Parks Capital Expenses Fund (Fund 227). Expenses paid from Fund 227 shall be reimbursed by the Parks and Recreation Improvement Fund (Fund 035) using an intrastate transfer voucher. In fiscal year 2006 the Director of Budget and Management shall transfer, using an intrastate transfer voucher, $20,000 from the Parks and Recreation Improvement Fund (Fund 035) to the Parks Capital Expenses Fund (Fund 227).

Section 2. That existing Sections 209.18 and 209.18.09 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by Am. Sub. H.B. 530 of the 126th General Assembly, are hereby repealed.

Section 3. The sections of law contained in this act, and the items of law of which the sections of law contained in this act are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the sections of law contained in this act, and the items of law of which the sections of law contained in this act are composed, go into immediate effect when this act becomes law.