As Introduced*                            1            

122nd General Assembly                                             4            

   Regular Session                                  S. B. No. 102  5            

      1997-1998                                                    6            


      SENATORS DIX-GILLMOR-B. JOHNSON-BLESSING-CARNES-CUPP-        8            

        DRAKE-FINAN-GAETH-GARDNER-HORN-KEARNS-LATTA-NEIN-          9            

                       RAY-SCHAFRATH-WHITE                         10           


                                                                   12           

                           A   B I L L                                          

             To amend sections 133.06, 3313.372, 3318.01,          14           

                3318.011, 3318.02, 3318.03, 3318.04, 3318.05,      16           

                3318.051, 3318.06, 3318.07, 3318.08, 3318.081,                  

                3318.091, 3318.10, 3318.111, 3318.12, 3318.13,     17           

                3318.14, 3318.15, 3318.16, 3318.17, 3318.18,       18           

                3318.19, 3318.22, 3318.23, 3318.24, 3318.25,       19           

                3318.26, 3318.27, 3318.29, and 4115.04 and to                   

                enact sections 3318.041, 3318.082, 3318.30,        20           

                3318.31, and 3318.35 to create the Ohio School     21           

                Facilities Commission, to transfer responsibility               

                for the Classroom Facilities Assistance Program    22           

                from the State Board of Education to the           23           

                Commission, to make other changes to the           24           

                Classroom Facilities Assistance Law, to exempt                  

                from prevailing wage law public improvements and   25           

                construction undertaken by school districts and                 

                educational service centers, and to make an        26           

                appropriation.                                     27           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        29           

      Section 1.  That sections 133.06, 3313.372, 3318.01,         31           

3318.011, 3318.02, 3318.03, 3318.04, 3318.05, 3318.051, 3318.06,   33           

3318.07, 3318.08, 3318.081, 3318.091, 3318.10, 3318.111, 3318.12,  34           

3318.13, 3318.14, 3318.15, 3318.16, 3318.17, 3318.18, 3318.19,     35           

3318.22, 3318.23, 3318.24, 3318.25, 3318.26, 3318.27, 3318.29,     36           

                                                          2      

                                                                 
and 4115.04 be amended and sections 3318.041, 3318.082, 3318.30,   38           

3318.31, and 3318.35 of the Revised Code be enacted to read as     39           

follows:                                                                        

      Sec. 133.06.  (A)  A school district shall not incur,        48           

without a vote of the electors, net indebtedness that exceeds an   49           

amount equal to one-tenth of one per cent of its tax valuation     50           

except as provided in divisions (G) and (H) of this section and    52           

in division (C) of section 3313.372 of the Revised Code.           53           

      (B)  Except as provided in divisions (E) and (F) of this     55           

section, a school district shall not incur net indebtedness that   56           

exceeds an amount equal to nine per cent of its tax valuation.     57           

      (C)  A school district shall not submit to a vote of the     59           

electors the question of the issuance of securities in an amount   60           

that will make the district's net indebtedness after the issuance  61           

of the securities exceed an amount equal to four per cent of its   62           

tax valuation, unless the superintendent of public instruction,    63           

acting under policies adopted by the state board of education,     64           

and the tax commissioner, acting under written policies of the     65           

commissioner, consent to the submission.  A request for the        66           

consents shall be made at least thirty days prior to the election  67           

at which the question is to be submitted except that the           68           

superintendent of public instruction and the tax commissioner may  69           

waive this thirty-day deadline or grant their consents after the   70           

election if the school district shows good cause for such waiver   71           

or consent after the election.                                     72           

      (D)  In calculating the net indebtedness of a school         74           

district none of the following shall be considered:                75           

      (1)  Securities issued to acquire school buses and other     77           

equipment used in transporting pupils or issued pursuant to        78           

division (D) of section 133.10 of the Revised Code;                79           

      (2)  Securities issued under division (F) of this section,   81           

under section 133.301 of the Revised Code, and, to the extent in   82           

excess of the limitation stated in division (B) of this section,   83           

under division (E) of this section;                                84           

                                                          3      

                                                                 
      (3)  Indebtedness resulting from the dissolution of a joint  86           

vocational school district under section 3311.217 of the Revised   87           

Code, evidenced by outstanding securities of that joint            88           

vocational school district;                                        89           

      (4)  Loans, evidenced by any securities, received under      91           

sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the        92           

Revised Code;                                                      93           

      (5)  Debt incurred under section 3313.374 of the Revised     95           

Code;                                                                           

      (6)  Debt incurred pursuant to division (B)(5) of section    98           

3313.37 of the Revised Code to acquire computers and related                    

hardware.                                                                       

      (E)  A school district may become a special needs district   100          

as to certain securities as provided in this division (E).         101          

      (1)  A board of education, by resolution, may declare its    103          

school district to be a special needs district by determining      104          

both of the following:                                             105          

      (a)  The student population is not being adequately          107          

serviced by the existing permanent improvements of the district.   108          

      (b)  The district cannot obtain sufficient funds by the      110          

issuance of securities within the limitation of division (B) of    111          

this section to provide additional or improved needed permanent    112          

improvements in time to meet the needs.                            113          

      (2)  The board of education shall certify a copy of that     115          

resolution to the superintendent of public instruction with a      116          

statistical report showing all of the following:                   117          

      (a)  A history of and a projection of the growth of the      119          

student population;                                                120          

      (b)  The history of and a projection of the growth of the    122          

tax valuation;                                                     123          

      (c)  The projected needs;                                    125          

      (d)  The estimated cost of permanent improvements proposed   127          

to meet such projected needs.                                      128          

      (3)  The superintendent of public instruction shall certify  130          

                                                          4      

                                                                 
the district as an approved special needs district if the          131          

superintendent finds both of the following:                        132          

      (a)  The district does not have available sufficient         134          

additional funds from state or federal sources to meet the         135          

projected needs.                                                   136          

      (b)  The projection of the potential average growth of tax   138          

valuation during the next five years, according to the             139          

information certified to the superintendent and any other          140          

information the superintendent obtains, indicates a likelihood of  141          

potential average growth of tax valuation of the district during   142          

the next five years of an average of not less than three per cent  143          

per year.  The findings and certification of the superintendent    144          

shall be conclusive.                                               145          

      (4)  An approved special needs district may incur net        147          

indebtedness by the issuance of securities in accordance with the  148          

provisions of this chapter in an amount that does not exceed an    149          

amount equal to the greater of the following:                      150          

      (a)  Nine per cent of the sum of its tax valuation plus an   152          

amount that is the product of multiplying that tax valuation by    153          

the percentage by which the tax valuation has increased over the   154          

tax valuation on the first day of the sixtieth month preceding     155          

the month in which its board determines to submit to the electors  156          

the question of issuing the proposed securities;                   157          

      (b)  Nine per cent of the sum of its tax valuation plus an   159          

amount that is the product of multiplying that tax valuation by    160          

the percentage, determined by the superintendent of public         161          

instruction, by which that tax valuation is projected to increase  162          

during the next ten years.                                         163          

      (F)  A school district may issue securities for emergency    165          

purposes, in a principal amount that does not exceed an amount     166          

equal to three per cent of its tax valuation, as provided in this  167          

division.                                                          168          

      (1)  A board of education, by resolution, may declare an     170          

emergency if it determines both of the following:                  171          

                                                          5      

                                                                 
      (a)  School buildings or other necessary school facilities   173          

in the district have been wholly or partially destroyed, or        174          

condemned by a constituted public authority, or that such          175          

buildings or facilities are partially constructed, or so           176          

constructed or planned as to require additions and improvements    177          

to them before the buildings or facilities are usable for their    178          

intended purpose, or that corrections to permanent improvements    179          

are necessary to remove or prevent health or safety hazards.       180          

      (b)  Existing fiscal and net indebtedness limitations make   182          

adequate replacement, additions, or improvements impossible.       183          

      (2)  Upon the declaration of an emergency, the board of      185          

education may, by resolution, submit to the electors of the        186          

district pursuant to section 133.18 of the Revised Code the        187          

question of issuing securities for the purpose of paying the       188          

cost, in excess of any insurance or condemnation proceeds          189          

received by the district, of permanent improvements to respond to  190          

the emergency need.                                                191          

      (3)  The procedures for the election shall be as provided    193          

in section 133.18 of the Revised Code, except that:                194          

      (a)  The form of the ballot shall describe the emergency     196          

existing, refer to this division as the authority under which the  197          

emergency is declared, and state that the amount of the proposed   198          

securities exceeds the limitations prescribed by division (B) of   199          

this section;                                                      200          

      (b)  The resolution required by division (B) of section      202          

133.18 of the Revised Code shall be certified to the county        203          

auditor and the board of elections at least seventy-five days      204          

prior to the election;                                             205          

      (c)  The county auditor shall advise and, not later than     207          

sixty-five days before the election, confirm that advice by        208          

certification to, the board of education of the information        209          

required by division (C) of section 133.18 of the Revised Code;    210          

      (d)  The board of education shall then certify its           212          

resolution and the information required by division (D) of         213          

                                                          6      

                                                                 
section 133.18 of the Revised Code to the board of elections not   214          

less than sixty days prior to the election.                        215          

      (4)  Notwithstanding division (B) of section 133.21 of the   217          

Revised Code, the first principal payment of securities issued     218          

under this division may be set at any date not later than sixty    219          

months after the earliest possible principal payment otherwise     220          

provided for in that division.                                     221          

      (G)  The board of education may contract with an architect,  223          

professional engineer, or other person experienced in the design   224          

and implementation of energy conservation measures for an          225          

analysis and recommendations pertaining to installations,          226          

modifications of installations, or remodeling that would           227          

significantly reduce energy consumption in buildings owned by the  228          

district.  The report shall include estimates of all costs of      229          

such installations, modifications, or remodeling including costs   230          

of design, engineering, installation, maintenance, repairs and     231          

debt service, and estimates of the amounts by which energy         232          

consumption and resultant operational and maintenance costs, as    233          

defined by the department of education OHIO SCHOOL FACILITIES      234          

COMMISSION, would be reduced.                                      235          

      If the board finds after receiving the report that the       237          

amount of money the district would spend on such installations,    238          

modifications, or remodeling is not likely to exceed the amount    239          

of money it would save in energy and resultant operational and     240          

maintenance costs over the ensuing ten years, the board may        242          

submit to the department of education COMMISSION a copy of its     243          

findings and a request for approval to incur indebtedness to       245          

finance the making or modification of installations or the                      

remodeling of buildings for the purpose of significantly reducing  246          

energy consumption.                                                247          

      If the department COMMISSION determines that the board's     249          

findings are reasonable, it shall approve the board's request.     251          

Upon receipt of the department's COMMISSION'S approval, the        252          

district may issue securities without a vote of the electors in a  254          

                                                          7      

                                                                 
principal amount not to exceed nine-tenths of one per cent of its  255          

tax valuation for the purpose of making such installations, or     256          

modifications, or remodeling, but the total net indebtedness of    257          

the district without a vote of the electors incurred under this    258          

and all other sections of the Revised Code shall not exceed one    259          

per cent of the district's tax valuation.                          260          

      So long as any securities issued under this division (G)     262          

remain outstanding, the board of education shall monitor the       263          

energy consumption and resultant operational and maintenance       264          

costs of buildings in which installations or modifications have    266          

been made or remodeling has been done pursuant to this division    267          

(G) and shall maintain and annually update a report documenting    268          

the reductions in energy consumption and resultant operational     269          

and maintenance cost savings attributable to such installations,   270          

modifications, or remodeling.  The report shall be certified by    271          

an architect or engineer independent of any person that provided   272          

goods or services to the board in connection with the energy       273          

conservation measures that are the subject of the report.  The     274          

resultant operational and maintenance cost savings shall be        275          

certified by the school district treasurer.  The report shall be   276          

made available to the department of education COMMISSION upon      278          

request.                                                                        

      (H)  With the consent of the superintendent of public        280          

instruction, a school district may incur without a vote of the     281          

electors net indebtedness that exceeds the amounts stated in       282          

divisions (A) and (G) of this section for the purpose of paying    284          

costs of permanent improvements, if and to the extent that both    285          

of the following conditions are satisfied:                         286          

      (1)  The fiscal officer of the school district estimates     288          

that receipts of the school district from compensation derived     289          

from or under agreements entered into pursuant to section 5709.82  290          

of the Revised Code, or distributions under division (C) of        291          

section 5709.43 of the Revised Code, or any combination thereof,   292          

are, after accounting for any appropriate coverage requirements,   293          

                                                          8      

                                                                 
sufficient in time and amount, and are committed by the            294          

proceedings, to pay the debt charges on the securities issued to   295          

evidence that indebtedness and payable from those receipts, and    296          

the taxing authority of the district confirms the fiscal           297          

officer's estimate, which confirmation is approved by the          298          

superintendent of public instruction;                              299          

      (2)  The fiscal officer of the school district certifies,    301          

and the taxing authority of the district confirms, that the        302          

district, at the time of the certification and confirmation,       303          

reasonably expects to have sufficient revenue available for the    304          

purpose of operating such permanent improvements for their         305          

intended purpose upon acquisition or completion thereof, and the   306          

superintendent of public instruction approves the taxing           307          

authority's confirmation.                                          308          

      The maximum maturity of securities issued under division     310          

(H) of this section shall be the lesser of twenty years or the     311          

maximum maturity calculated under section 133.20 of the Revised    312          

Code.                                                              313          

      Sec. 3313.372.  (A)  As used in this section, "energy        322          

conservation measure" means an installation or modification of an  323          

installation in, or remodeling of, a building, to reduce energy    324          

consumption.  It includes:                                         325          

      (1)  Insulation of the building structure and systems        327          

within the building;                                               328          

      (2)  Storm windows and doors, multiglazed windows and        330          

doors, heat absorbing or heat reflective glazed and coated window  331          

and door systems, additional glazing, reductions in glass area,    332          

and other window and door system modifications that reduce energy  333          

consumption;                                                       334          

      (3)  Automatic energy control systems;                       336          

      (4)  Heating, ventilating, or air conditioning system        338          

modifications or replacements;                                     339          

      (5)  Caulking and weatherstripping;                          341          

      (6)  Replacement or modification of lighting fixtures to     343          

                                                          9      

                                                                 
increase the energy efficiency of the system without increasing    344          

the overall illumination of a facility, unless such increase in    345          

illumination is necessary to conform to the applicable state or    346          

local building code for the proposed lighting system;              347          

      (7)  Energy recovery systems;                                349          

      (8)  Cogeneration systems that produce steam or forms of     351          

energy such as heat, as well as electricity, for use primarily     352          

within a building or complex of buildings;                         353          

      (9)  Any other modification, installation, or remodeling     355          

approved by the department of education OHIO SCHOOL FACILITIES     357          

COMMISSION as an energy conservation measure.                      358          

      (B)  A board of education of a city, exempted village,       360          

local, or joint vocational school district may enter into an       361          

installment payment contract for the purchase and installation of  362          

energy conservation measures.  The provisions of such installment  363          

payment contracts dealing with interest charges and financing      364          

terms shall not be subject to the competitive bidding              365          

requirements of section 3313.46 of the Revised Code, and shall be  366          

on the following terms:                                            367          

      (1)  Not less than one-tenth of the costs thereof shall be   370          

paid within two years from the date of purchase.                   371          

      (2)  The remaining balance of the costs thereof shall be     373          

paid within ten years from the date of purchase.                   374          

      An installment payment contract entered into by a board of   377          

education under this section shall require the board to contract   378          

in accordance with division (A) of section 3313.46 of the Revised               

Code for the installation, modification, or remodeling of energy   380          

conservation measures unless division (A) of section 3313.46 of    381          

the Revised Code does not apply pursuant to division (B)(3) of     382          

that section.                                                                   

      (C)  The board may issue the notes of the school district    384          

signed by the president and the treasurer of the board and         385          

specifying the terms of the purchase and securing the deferred     386          

payments provided in this section, payable at the times provided   387          

                                                          10     

                                                                 
and bearing interest at a rate not exceeding the rate determined   388          

as provided in section 9.95 of the Revised Code.  The notes may    389          

contain an option for prepayment and shall not be subject to       390          

Chapter 133. of the Revised Code.  In the resolution authorizing   391          

the notes, the board may provide, without the vote of the          392          

electors of the district, for annually levying and collecting      393          

taxes in amounts sufficient to pay the interest on and retire the  394          

notes, except that the total net indebtedness of the district      395          

without a vote of the electors incurred under this and all other   396          

sections of the Revised Code shall not exceed one per cent of the               

district's tax valuation.  Revenues derived from local taxes or    398          

otherwise, for the purpose of conserving energy or for defraying   399          

the current operating expenses of the district, may be applied to  400          

the payment of interest and the retirement of such notes.  The     401          

notes may be sold at private sale or given to the contractor       402          

under the installment payment contract authorized by division (B)  403          

of this section.                                                                

      (D)  Debt incurred under this section shall not be included  405          

in the calculation of the net indebtedness of a school district    406          

under section 133.06 of the Revised Code.                          407          

      (E)  No school district board shall enter into an            409          

installment payment contract under division (B) of this section    410          

unless it first obtains a report of the costs of the energy        411          

conservation measures and the savings thereof as described under   412          

division (G) of section 133.06 of the Revised Code as a            413          

requirement for issuing energy securities, makes a finding that    414          

the amount spent on such measures is not likely to exceed the      415          

amount of money it would save in energy costs and resultant        416          

operational and maintenance costs as described in that division,   417          

and the department of education OHIO SCHOOL FACILITIES COMMISSION  419          

determines that the district board's findings are reasonable and   420          

approves the contract as described in that division.               421          

      The district board shall monitor the savings and maintain a  423          

report of those savings, which shall be available to the           424          

                                                          11     

                                                                 
department COMMISSION in the same manner as required by division   426          

(G) of section 133.06 of the Revised Code in the case of energy    427          

securities.                                                                     

      Sec. 3318.01.  As used in sections 3318.01 to 3318.20 of     436          

the Revised Code:                                                  437          

      (A)  "State board OHIO SCHOOL FACILITIES COMMISSION" means   440          

the state board of education COMMISSION created pursuant to        441          

Section 4 of Article VI, Ohio Constitution, acting for itself and  443          

on behalf of the state department of education, as agencies of     444          

state government SECTION 3318.30 OF THE REVISED CODE.                           

      (B)  "Classroom facilities" means rooms in which pupils      446          

regularly assemble in public school buildings to receive           447          

instruction and education and such facilities and building         448          

improvements for the operation and use of such rooms as may be     449          

needed in order to provide a complete educational program, AND     450          

MAY INCLUDE SPACE WITHIN WHICH A CHILD DAY-CARE FACILITY OR A      451          

COMMUNITY RESOURCE CENTER IS HOUSED.                               452          

      (C)  "Project" means a project to construct or acquire       454          

classroom facilities, or to reconstruct or make additions to       456          

existent EXISTING classroom facilities, to be used for housing     457          

the applicable school district and its functions.                               

      (D)  "School district" means a local, exempted village, or   459          

city school district as such districts are defined in Chapter      460          

3311. of the Revised Code, acting as an agency of state            461          

government, performing essential governmental functions of state   462          

government pursuant to sections 3318.01 and 3318.20 of the         463          

Revised Code.                                                                   

      (E)  "School district board" means the board of education    465          

of a school district.                                              466          

      (F)  "Net bonded indebtedness" means the difference between  468          

the SUM OF THE par value of all outstanding and unpaid bonds and   469          

notes which a school district board is obligated to pay, together  471          

with ANY AMOUNTS THE SCHOOL DISTRICT IS OBLIGATED TO PAY UNDER     472          

LEASE-PURCHASE AGREEMENTS ENTERED INTO UNDER SECTION 3313.375 OF   473          

                                                          12     

                                                                 
THE REVISED CODE, AND the par value of bonds authorized by the     474          

electors but not yet issued, the proceeds of which can lawfully    475          

be used for the project, and the amount held in the sinking fund   476          

and other indebtedness retirement funds for their redemption.      477          

Notes issued for school buses in accordance with section 3327.08   478          

of the Revised Code, notes issued in anticipation of the           479          

collection of current revenues, and bonds issued to pay final      480          

judgments shall not be considered in calculating the net bonded    481          

indebtedness.                                                                   

      "Net bonded indebtedness" does not include indebtedness      483          

arising from the acquisition of land to provide a site for         484          

classroom facilities constructed, acquired, or added to pursuant   485          

to sections 3318.01 to 3318.20 of the Revised Code.                486          

      (G)  "Board of elections" means the board of elections of    488          

the county containing the most populous portion of the school      489          

district.                                                          490          

      (H)  "County auditor" means the auditor of the county in     492          

which the greatest value of taxable property of such school        493          

district is located.                                               494          

      (I)  "Tax duplicates" means the general tax lists and        496          

duplicates prescribed by sections 319.28 and 319.29 of the         497          

Revised Code.                                                      498          

      (J)  "Required level of indebtedness" means:                 500          

      (1)  In, IN the case of a school district contained in the   503          

first quartile of the most recent ranking of school districts                   

according to adjusted valuation per pupil compiled by the          504          

department of education pursuant to section 3318.011 of the        505          

Revised Code, five per cent of the total value of all property in  506          

the district as listed and assessed for taxation on the tax        507          

duplicates.                                                        508          

      (2)  In the case of a school district contained in the       510          

second quartile of such ranking, six per cent of such total value  511          

of all property DISTRICTS RANKED IN THE ELEVENTH THROUGH ONE       512          

HUNDREDTH PERCENTILES, FIVE PER CENT OF VALUATION PLUS [TWO        514          

                                                          13     

                                                                 
ONE-HUNDREDTHS OF ONE PER CENT MULTIPLIED BY (THE PERCENTILE IN    516          

WHICH THE DISTRICT RANKS MINUS ONE)<.                                           

      (3)  In the case of all other school districts, seven per    518          

cent of such total value of all property.                          519          

      (K)  "Required percentage of the basic project costs"        521          

means:                                                                          

      (1)  In, IN the case of a district contained in the first    524          

decile of the most recent ranking of school districts according                 

to adjusted valuation per pupil compiled by the department of      525          

education pursuant to section 3318.011 of the Revised Code, an     526          

amount equal to zero;                                              527          

      (2)  In the case of a district contained in the second       529          

decile of such ranking, an amount equal to ten per cent of the     530          

basic project costs;                                               531          

      (3)  In the case of a district contained in the third        533          

decile of such ranking, an amount equal to twenty per cent of the  534          

basic project costs;                                               535          

      (4)  In the case of a district contained in the fourth       537          

decile of such ranking, an amount equal to thirty per cent of the  538          

basic project costs;                                               539          

      (5)  In the case of a district contained in the fifth        541          

decile of such ranking, an amount equal to forty per cent of the   542          

basic project costs;                                               543          

      (6)  In the case of a district contained in the sixth        545          

decile of such ranking, an amount equal to fifty per cent of the   546          

basic project costs;                                               547          

      (7)  In the case of a district contained in the seventh      549          

decile of such ranking, an amount equal to sixty per cent of the   550          

basic project costs;                                               551          

      (8)  In the case of a district contained in the eighth       553          

decile of such ranking, an amount equal to seventy per cent of     554          

the basic project costs;                                           555          

      (9)  In the case of a district contained in the ninth        557          

decile of such ranking, an amount equal to eighty per cent of the  558          

                                                          14     

                                                                 
basic project costs;                                               559          

      (10)  In the case of a district contained in the tenth       561          

decile of such ranking, an amount equal to ninety per cent of the  562          

basic project costs DISTRICTS RANKED IN THE ELEVENTH THROUGH ONE   563          

HUNDREDTH PERCENTILES, ONE PER CENT OF THE BASIC PROJECT COSTS     564          

TIMES THE PERCENTILE IN WHICH THE DISTRICT RANKS.                  565          

      (L)  "Basic project cost" means a cost amount determined in  567          

accordance with a written policy RULES adopted UNDER SECTION       569          

111.15 OF THE REVISED CODE by the superintendent of public         570          

instruction, the director of budget and management, and the        571          

director of the legislative budget office of the legislative       572          

service commission and agreed to by them OHIO SCHOOL FACILITIES    573          

COMMISSION.  The basic project cost calculation shall take into    574          

consideration the square footage and cost per square foot          575          

necessary for the grade levels to be housed in the classroom       576          

facilities, the variation across the state in construction and                  

related costs, THE COST OF THE INSTALLATION OF SITE UTILITIES AND  577          

SITE PREPARATION, the cost of insuring the project until it is     578          

completed, and the professional planning, administration, and      580          

design fees that a district may have to pay to undertake a         581          

classroom facilities project.                                                   

      (M)  "CHILD DAY-CARE FACILITY" MEANS SPACE WITHIN A          584          

CLASSROOM FACILITY IN WHICH THE NEEDS OF INFANTS, TODDLERS,        585          

PRESCHOOL CHILDREN, AND SCHOOL CHILDREN ARE PROVIDED FOR BY        586          

PERSONS OTHER THAN THE PARENT OR GUARDIAN OF SUCH CHILDREN FOR     587          

ANY PART OF THE DAY, INCLUDING PERSONS NOT EMPLOYED BY THE SCHOOL               

DISTRICT OPERATING SUCH CLASSROOM FACILITY.                        588          

      (N)  "COMMUNITY RESOURCE CENTER" MEANS SPACE WITHIN A        591          

CLASSROOM FACILITY IN WHICH COMPREHENSIVE SERVICES THAT SUPPORT    592          

THE NEEDS OF FAMILIES AND CHILDREN ARE PROVIDED BY COMMUNITY       593          

BASED SOCIAL SERVICE PROVIDERS.                                    594          

      (O)  "VALUATION" MEANS THE TOTAL VALUE OF ALL PROPERTY IN    596          

THE DISTRICT AS LISTED AND ASSESSED FOR TAXATION ON THE TAX        597          

DUPLICATES.                                                                     

                                                          15     

                                                                 
      (P)  "PERCENTILE" MEANS THE PERCENTILE IN WHICH THE          599          

DISTRICT IS RANKED PURSUANT TO DIVISION (C) OF SECTION 3318.011    600          

OF THE REVISED CODE.                                                            

      (Q)  "INSTALLATION OF SITE UTILITIES" MEANS THE              602          

INSTALLATION OF A SITE DOMESTIC WATER SYSTEM, SITE FIRE            603          

PROTECTION SYSTEM, SITE GAS DISTRIBUTION SYSTEM, SITE SANITARY     604          

SYSTEM, SITE STORM DRAINAGE SYSTEM, AND SITE TELEPHONE AND DATA    605          

SYSTEM.                                                                         

      (R)  "SITE PREPARATION" MEANS THE EARTHWORK NECESSARY FOR    608          

PREPARATION OF THE BUILDING FOUNDATION SYSTEM, THE PAVED           609          

PEDESTRIAN AND VEHICULAR CIRCULATION SYSTEM, PLAYGROUNDS ON THE    610          

PROJECT SITE, AND LAWN AND PLANTING ON THE PROJECT SITE.           611          

      Sec. 3318.011.  For purposes of providing assistance under   620          

sections 3318.01 to 3318.20 of the Revised Code, the department    621          

of education shall annually do all of the following:               622          

      (A)  Calculate the adjusted valuation per pupil of each      624          

city, local, and exempted village school district according to     625          

the formula set forth in section 3317.0213 of the Revised Code;    626          

      (B)  Rank all such districts in order of adjusted valuation  628          

per pupil from the district with the lowest adjusted valuation     629          

per pupil to the district with the highest adjusted valuation per  630          

pupil;                                                             631          

      (C)  Divide such ranking into quartiles with the first       633          

quartile containing those twenty-five per cent of school           634          

districts having the lowest adjusted valuation per pupil and the   635          

fourth quartile containing those twenty-five per cent of school    636          

districts having the highest adjusted valuation per pupil DIVIDE   637          

SUCH RANKING INTO PERCENTILES WITH THE FIRST PERCENTILE            638          

CONTAINING THE ONE PER CENT OF SCHOOL DISTRICTS HAVING THE LOWEST  639          

ADJUSTED VALUATION PER PUPIL AND THE ONE-HUNDREDTH PERCENTILE      640          

CONTAINING THE ONE PER CENT OF SCHOOL DISTRICTS HAVING THE         641          

HIGHEST ADJUSTED VALUATION PER PUPIL;                                           

      (D)  Divide such ranking into deciles with the first decile  643          

containing those ten per cent of school districts having the       644          

                                                          16     

                                                                 
lowest adjusted valuation per pupil and the tenth quartile         645          

containing those ten per cent of school districts having the       646          

highest adjusted valuation per pupil.                              647          

      (E)  Determine the school districts that have an adjusted    649          

valuation per pupil that is greater than the median adjusted       650          

valuation per pupil for all school districts in the state;         651          

      (E)  CERTIFY THE INFORMATION DESCRIBED IN DIVISIONS (A) TO   654          

(D) OF THIS SECTION TO THE OHIO SCHOOL FACILITIES COMMISSION.      655          

      Sec. 3318.02.  (A)  For purposes of Chapter 3318. SECTIONS   664          

3318.01 TO 3318.31 of the Revised Code, the state board of         666          

education OHIO SCHOOL FACILITIES COMMISSION shall periodically     667          

perform an assessment of the classroom facility needs in the       668          

state to identify school districts in need of additional           669          

classroom facilities, or replacement or reconstruction of                       

existent classroom facilities, and the cost to each such district  670          

of constructing or acquiring such additional facilities or making  671          

such renovations.                                                               

      (B)  Based upon the most recent assessment conducted         673          

pursuant to division (A) of this section, the state board of       674          

education COMMISSION shall, in ascending order of the most         676          

current ranking of school districts under division (B) of section               

3318.011 of the Revised Code, conduct on-site visits to school     677          

districts identified as having classroom facilities needs and to   678          

confirm the findings of the periodic assessment and to further     679          

evaluate the facilities needs of the district.  The evaluation     680          

shall assess the district's need to construct or acquire new       681          

classroom facilities and may include an assessment of the                       

district's need for building additions or for the reconstruction   682          

of existent buildings in lieu of constructing or acquiring         683          

replacement buildings.                                                          

      In THE FIRST ROUND OF ON-SITE VISITS FIRST SUCCEEDING THE    685          

EFFECTIVE DATE OF THIS AMENDMENT SHALL BE LIMITED TO THE SCHOOL    686          

DISTRICTS IN THE FIRST THROUGH FIFTH PERCENTILES, EXCLUDING        687          

DISTRICTS THAT ARE INELIGIBLE FOR FUNDING UNDER THIS CHAPTER       688          

                                                          17     

                                                                 
PURSUANT TO SECTION 3318.04 OF THE REVISED CODE.  THE SECOND       690          

ROUND OF ON-SITE VISITS SHALL BE LIMITED TO THE SCHOOL DISTRICTS   691          

IN THE FIRST THROUGH TENTH PERCENTILES, EXCLUDING DISTRICTS THAT   692          

ARE INELIGIBLE FOR FUNDING UNDER THIS CHAPTER PURSUANT TO SECTION  693          

3318.04 OF THE REVISED CODE.  EACH SUCCEEDING ROUND OF ON-SITE     694          

VISITS SHALL BE LIMITED TO THE PERCENTILES INCLUDED IN THE         695          

IMMEDIATELY PRECEDING ROUND OF ON-SITE VISITS PLUS THE NEXT FIVE   696          

PERCENTILES.  EXCEPT FOR THE FIRST ROUND OF ON-SITE VISITS, NO     697          

ROUND OF ON-SITE VISITS SHALL COMMENCE UNLESS EIGHTY PER CENT OF   698          

THE DISTRICTS FOR WHICH ON-SITE VISITS WERE PERFORMED DURING THE   699          

IMMEDIATELY PRECEDING ROUND, AND FOR WHICH A PROJECT WAS APPROVED  701          

UNDER SECTION 3318.04 OF THE REVISED CODE, HAVE AT LEAST           702          

COMMENCED CONSTRUCTION OR ACQUISITION OF THE APPROVED PROJECT.     703          

      (C)  NOTWITHSTANDING DIVISION (B) OF THIS SECTION, IN any    707          

biennium, the state board COMMISSION may limit the number of       708          

districts for which it conducts on-site visits based upon its      709          

projections of the moneys available and moneys necessary to        710          

undertake projects under this chapter SECTIONS 3318.01 TO 3318.31  711          

OF THE REVISED CODE for the current biennium.                      712          

      Sec. 3318.03.  Upon conducting the on-site evaluation under  721          

section 3318.02 of the Revised Code, the department of education   722          

OHIO SCHOOL FACILITIES COMMISSION shall make a determination of    724          

the needs of the school district for additional classroom          725          

facilities; the number of classroom facilities to be included in   726          

a project and the basic project cost of constructing, acquiring,   727          

reconstructing, or making additions to each such facility; IF THE  728          

SCHOOL DISTRICT IS RANKED IN THE ELEVENTH THROUGH ONE-HUNDREDTH    729          

PERCENTILES, the amount of such cost that the school district can  730          

supply from available funds, by the issuance of bonds previously   732          

authorized by the electors of the school district the proceeds of  733          

which can lawfully be used for the project, and by the issuance    734          

of bonds under section 3318.05 of the Revised Code; and the        735          

remaining amount of such cost that shall be supplied by the        736          

state.  The state board COMMISSION shall make a favorable          738          

                                                          18     

                                                                 
determination only upon evidence that the proposed project         739          

conforms to sound educational practice, that it is in keeping      740          

with the orderly process of school district reorganization and     741          

consolidation, and that the actual or projected enrollment in      742          

each classroom facility proposed to be included in the project is  744          

at least three hundred fifty pupils.  Exceptions shall be                       

authorized only in those districts where topography, sparcity of   746          

population, and other factors make larger schools impracticable.   747          

      Sections 125.81 and 153.04 of the Revised Code shall not     749          

apply to classroom facilities constructed under sections 3318.01   750          

to 3318.20 of the Revised Code.                                    751          

      Sec. 3318.04.  If the state board of education OHIO SCHOOL   761          

FACILITIES COMMISSION makes a determination under section 3318.03  762          

of the Revised Code in favor of the proposed project, the project  764          

shall be conditionally approved and the state board COMMISSION     765          

thereupon shall reserve and encumber from the total funds          767          

appropriated for the purpose of sections 3318.01 to 3318.20 of     768          

the Revised Code, the estimated amount of the state's portion of   769          

the basic project cost.  Such conditional approval shall be        770          

submitted to the controlling board for approval thereof.  The                   

controlling board shall forthwith approve or reject the state      771          

board's COMMISSION'S determination, conditional approval, and the  772          

estimated amount of the state's portion of the basic project       774          

cost.  In the event of approval thereof by the controlling board,  776          

the superintendent of public instruction COMMISSION shall certify  777          

such conditional approval to the school district board.            778          

      NO SCHOOL DISTRICT GIVEN CONDITIONAL APPROVAL FOR A PROJECT  781          

UNDER THIS SECTION, AND WHICH IS RANKED IN THE FIRST THROUGH       782          

TENTH PERCENTILES, SHALL BE REQUIRED TO PAY ANY PORTION OF THE     783          

BASIC PROJECT COST.                                                             

      From and after the date of such certification, no bonds or   785          

notes shall be issued by a school district board without the       786          

approval of the state board COMMISSION for the purpose of          787          

acquiring classroom facilities so long as the state board's        789          

                                                          19     

                                                                 
COMMISSION'S conditional approval of such school district's        791          

project remains in effect.                                                      

      NO SCHOOL DISTRICT THAT HAS PREVIOUSLY RECEIVED FUNDING      793          

UNDER ANY VERSION OF SECTIONS 3318.01 TO 3318.20 OF THE REVISED    795          

CODE SHALL HAVE A PROJECT CONDITIONALLY APPROVED PURSUANT TO THIS  796          

SECTION FOR A PERIOD OF TEN YEARS AFTER THE DATE UPON WHICH THE    797          

ELECTORS OF SUCH DISTRICT APPROVED A LEVY PURSUANT TO ANY VERSION  798          

OF SECTION 3318.06 OF THE REVISED CODE.                            799          

      Sec. 3318.041.  A SCHOOL DISTRICT RANKED IN THE FIRST        801          

THROUGH FIFTH PERCENTILES MAY ADOPT AND CERTIFY TO THE OHIO        802          

SCHOOL FACILITIES COMMISSION A RESOLUTION SPECIFYING A PROPOSED    803          

PROJECT THAT MEETS THE REQUIREMENTS OF THIS CHAPTER AND THE NEEDS  804          

OF THE DISTRICT, AS CONFIRMED THROUGH AN ON-SITE VISIT PURSUANT    805          

TO SECTION 3318.02 OF THE REVISED CODE.  THE COMMISSION SHALL      806          

CONSIDER SUCH PROJECTS FOR CONDITIONAL APPROVAL PURSUANT TO                     

SECTION 3318.03 AND SHALL ENCUMBER FUNDS PURSUANT TO SECTION       807          

3318.04 OF THE REVISED CODE IN THE ORDER IN WHICH SUCH             808          

RESOLUTIONS ARE RECEIVED.                                                       

      Sec. 3318.05.  The conditional approval of the state board   817          

of education OHIO SCHOOL FACILITIES COMMISSION FOR A PROJECT OF A  819          

SCHOOL DISTRICT RANKED IN THE FIRST THROUGH TENTH PERCENTILES                   

SHALL LAPSE AND THE AMOUNT RESERVED AND ENCUMBERED FOR SUCH        820          

PROJECT SHALL BE RELEASED UNLESS THE SCHOOL DISTRICT BOARD         821          

ACCEPTS SUCH CONDITIONAL APPROVAL WITHIN ONE HUNDRED TWENTY DAYS   822          

OF THE DATE OF CERTIFICATION OF THE CONDITIONAL APPROVAL TO THE    823          

SCHOOL DISTRICT BOARD AND THE ELECTORS OF THE SCHOOL DISTRICT                   

VOTE FAVORABLY ON THE PROPOSITION DESCRIBED IN DIVISION (B) OF     824          

THIS SECTION WITHIN ONE YEAR OF THE DATE OF SUCH CERTIFICATION.    825          

THE CONDITIONAL APPROVAL OF THE OHIO SCHOOL FACILITIES COMMISSION  826          

for a project OF A SCHOOL DISTRICT RANKED IN THE ELEVENTH THROUGH  827          

ONE HUNDREDTH PERCENTILES shall lapse and the amount reserved and  829          

encumbered for such project shall be released unless, THE SCHOOL   830          

DISTRICT BOARD ACCEPTS SUCH CONDITIONAL APPROVAL within one                     

hundred twenty days following the date of certification of the     832          

                                                          20     

                                                                 
conditional approval to the school district board or such other    833          

time as may be fixed by the state board for good cause shown, the  834          

school district board accepts such conditional approval and the    835          

electors of the school district vote favorably on both of the      836          

propositions described in divisions (A) and (B) of this section,   837          

which WITHIN ONE YEAR OF THE DATE OF SUCH CERTIFICATION.  THE      838          

propositions DESCRIBED IN DIVISIONS (A) AND (B) OF THIS SECTION    839          

shall be combined in a single proposal.  The state board of        840          

education may reconsider and reprioritize a school district's      841          

project if IF the district board or the district's electors fail   842          

to meet such requirements AND THE AMOUNT RESERVED AND ENCUMBERED   843          

FOR THE DISTRICT'S PROJECT IS RELEASED, THE DISTRICT SHALL BE      844          

GIVEN FIRST PRIORITY FOR PROJECT FUNDING AS SUCH FUNDS BECOME      845          

AVAILABLE.                                                                      

      (A)  On the question of issuing bonds of the school          847          

district board, for the school district's portion of the basic     848          

project cost, in either whatever amount may be necessary to raise  849          

the net bonded indebtedness of the school district to within five  850          

thousand dollars of the required level of indebtedness calculated  851          

for the year preceding the year in which the resolution declaring  852          

the necessity of the election is adopted or an amount equal to     853          

the required percentage of the basic project costs, whichever is   854          

greater; provided, that such question need not be submitted if at  855          

the time of the passage of such resolution the net bonded          856          

indebtedness of the school district (1) aggregates ninety-five     857          

per cent or more of the required level of indebtedness, or (2) is  858          

within twenty thousand dollars of such level and the required      859          

percentage of the basic project costs is not greater than either   860          

the amount necessary to raise the net bonded indebtedness of the   861          

school district to within five thousand dollars of the required    862          

level of indebtedness or twenty thousand dollars; and              863          

      (B)  On the question of levying a tax the proceeds of which  866          

shall be used to pay the cost of maintaining the classroom         867          

facilities included in the project, except that in any year the                 

                                                          21     

                                                                 
district's adjusted valuation per pupil is greater than the        868          

state-wide median adjusted valuation per pupil one-half of the     869          

proceeds of the tax shall be used for such maintenance and         870          

one-half of such proceeds shall be used to pay the cost of the     871          

purchase of the classroom facilities from the state under the      872          

provisions of sections 3318.01 to 3318.20 of the Revised Code.     873          

Such tax shall be at the rate of one-half mill for each dollar of  874          

valuation except that in those years in which the state            875          

superintendent of public instruction OHIO SCHOOL FACILITIES        876          

COMMISSION, pursuant to section 3318.051 of the Revised Code,      878          

requires the district to increase the tax rate to an amount        879          

greater than one-half mill, but not in excess of four mills,       880          

until the purchase price is paid but in no case longer than        881          

twenty-three years.  Proceeds of the tax to be used for                         

maintenance of the classroom facilities shall be deposited into a  882          

separate fund established by the school district for such          883          

purpose.                                                                        

      Sec. 3318.051.  (A)  The purpose of this section is to       892          

ensure that no school district that constructs, acquires,          893          

reconstructs, or makes additions to classroom facilities pursuant  894          

to sections 3318.01 to 3318.20 of the Revised Code increases its   895          

tax rate for debt service solely to avoid making payments as       896          

described in division (B) of section 3318.05 of the Revised Code   897          

in excess of one-half mill.                                                     

      In furtherance of this public policy, the state              899          

superintendent of public instruction OHIO SCHOOL FACILITIES        900          

COMMISSION annually shall review the tax budget of each such       901          

school district and such additional information as the state       902          

superintendent COMMISSION may require from the school district     903          

and make a determination as to whether the district's tax rate     905          

for debt service, excluding the amount of debt service paid for    906          

such classroom facilities under sections 3318.01 to 3318.20 of     908          

the Revised Code, is reasonably necessary for the retirement of    909          

the school district's bonded indebtedness.  If the state           910          

                                                          22     

                                                                 
superintendent COMMISSION determines that the tax rate for debt    912          

service excluding the amount paid for the construction,            913          

acquisition, reconstruction, or additions to of classroom          914          

facilities under such sections is not reasonably necessary for     915          

the retirement of the district's bonded indebtedness, the state    916          

superintendent COMMISSION may require the district to increase     917          

its tax rate for the payments described under division (B) of      919          

section 3318.05 of the Revised Code to an amount greater than                   

one-half mill, but not exceeding four mills.  In determining the   920          

tax rate necessary for the retirement of a school district's       921          

bonded indebtedness, the state superintendent COMMISSION, in       922          

accordance with the guidelines established pursuant to division    924          

(B) of this section, may disregard that portion of the tax rate    925          

to retire bonded indebtedness issued after the effective date of   926          

that district's agreement to construct, acquire, reconstruct, or   928          

make additions to classroom facilities under sections 3318.01 to   929          

3318.20 of the Revised Code.                                                    

      (B)  The state superintendent COMMISSION shall establish     931          

guidelines to conduct the review described in division (A) of      933          

this section.  In reviewing the tax budget of a school district    934          

and determining the tax rate for the payments described under      935          

division (B) of section 3318.05 of the Revised Code, the state     936          

superintendent COMMISSION shall exempt any debt service payments   938          

required for constructing, acquiring, reconstructing, or adding    939          

to classroom facilities under sections 3318.01 to 3318.20 of the   940          

Revised Code and may exempt debt service payments required for     941          

any other purpose.                                                              

      (C)  For the period that payments under division (B) of      943          

section 3318.05 of the Revised Code are required, each school      944          

district shall annually submit a copy of its tax budget to the     945          

state superintendent COMMISSION within five working days of its    947          

adoption pursuant to section 5705.28 of the Revised Code.  The     948          

state superintendent COMMISSION shall make a determination in      950          

accordance with this section within thirty days of the date upon   951          

                                                          23     

                                                                 
which a school district submits its tax budget.                                 

      (D)  If a county budget commission considers it necessary    953          

to modify any tax rate for debt service contained in the tax       954          

budget of a school district constructing, acquiring,               955          

reconstructing, or adding to classroom facilities from the state   957          

pursuant to sections 3318.01 to 3318.20 of the Revised Code due    958          

to a change in the district's tax duplicates or the issuance by    959          

the district of new bonded indebtedness, the state superintendent  960          

OHIO SCHOOL FACILITIES COMMISSION may review these changes in      961          

accordance with division (B) of this section for the purpose of    962          

reducing the district's tax rate for the payments described in     963          

division (B) of section 3318.05 of the Revised Code, provided      964          

such rate shall not be less than one-half mill.                    965          

      Sec. 3318.06.  After receipt of the conditional approval of  974          

the state board of education OHIO SCHOOL FACILITIES COMMISSION,    976          

the school district board by a majority of all of its members      977          

shall, if it desires to proceed with the project, declare all of   978          

the following by resolution:                                                    

      (A)  That IF THE DISTRICT IS RANKED IN THE ELEVENTH THROUGH  980          

ONE HUNDREDTH PERCENTILES, THAT with a net bonded indebtedness of  981          

within five thousand dollars of the required level of              982          

indebtedness or by issuing bonds in an amount equal to the         983          

required percentage of the project costs, the district is unable   984          

to provide adequate classroom facilities without assistance from   985          

the state;                                                                      

      (B)  That to qualify for such state assistance it is         987          

necessary to levy a tax outside the ten-mill limitation the        988          

proceeds of which shall be used to pay the cost of maintaining     990          

the classroom facilities included in the project, except that in                

any year the district's adjusted valuation per pupil is greater    991          

than the state-wide median adjusted valuation per pupil one-half   992          

of the proceeds of the tax shall be used for such maintenance and  993          

one-half of such proceeds shall be used to pay the cost of the     994          

purchase of the classroom facilities from the state;               995          

                                                          24     

                                                                 
      (C)  That the question of such tax levy shall be submitted   997          

to the electors of the school district at the next general or      998          

primary election, if there be a general or primary election not    999          

less than seventy-five and not more than ninety-five days after    1,000        

the day of the adoption of such resolution or, if not, at a        1,001        

special election to be held at a time specified in the resolution  1,002        

which shall be not less than seventy-five days after the day of    1,003        

the adoption of the resolution and which shall be in accordance    1,004        

with the requirements of section 3501.01 of the Revised Code.      1,005        

      Such resolution shall also state, if such be the case, that  1,007        

the question of issuing bonds of the board shall be combined in a  1,008        

single proposal with the question of such tax levy.  More than     1,009        

one election under this section may be held in any one calendar    1,010        

year.  Such resolution shall specify both of the following:        1,011        

      (1)  That the rate which it is necessary to levy shall be    1,013        

at the rate of one-half mill for each one dollar of valuation      1,014        

except that in those years in which the state superintendent of    1,015        

public instruction COMMISSION, pursuant to section 3318.051 of     1,017        

the Revised Code, requires the district to increase the tax rate                

to an amount greater than one-half mill, but not in excess of      1,018        

four mills, and that such tax shall be levied until the purchase   1,019        

price is paid but in no case longer than twenty-three years;       1,020        

      (2)  That the proceeds of the tax shall be used to pay the   1,022        

cost of maintaining the classroom facilities included in the       1,023        

project, except in any year the district's adjusted valuation per  1,024        

pupil is greater than the statewide median adjusted valuation per  1,025        

pupil one-half of the proceeds of the tax shall be used for such   1,026        

maintenance and one-half of the proceeds of the tax shall be used  1,027        

to pay the cost of the purchase of the classroom facilities from                

the state under sections 3318.01 to 3318.20 of the Revised Code.   1,028        

      A copy of such resolution shall after its passage and not    1,030        

less than seventy-five days prior to the date set therein for the  1,031        

election be certified to the county board of elections.            1,032        

      If the question of issuing bonds of the board is to be       1,034        

                                                          25     

                                                                 
combined with the question of levying the tax, the resolution of   1,035        

the school district board, in addition to meeting other            1,036        

applicable requirements of section 133.18 of the Revised Code,     1,037        

shall state that the amount of bonds to be issued will be either   1,038        

whatever amount may be necessary to raise the net bonded           1,039        

indebtedness of the school district to within five thousand        1,040        

dollars of the required level of indebtedness calculated for the   1,041        

year preceding the year in which such resolution is adopted or an  1,042        

amount equal to the required percentage of the basic project       1,043        

costs, whichever is greater and state that the maximum maturity    1,044        

of the bonds which, notwithstanding section 133.20 of the Revised  1,045        

Code, may be any number of years not exceeding twenty-three as     1,046        

determined by the board.  In estimating the amount of bonds to be  1,047        

issued, the board shall take into consideration the amount of      1,048        

moneys then in the bond retirement fund and the amount of moneys   1,049        

to be collected for and disbursed from the bond retirement fund    1,050        

during the remainder of the year in which the resolution of        1,051        

necessity is adopted.                                                           

      Notice of the election shall include the fact that the tax   1,053        

levy shall be at the rate of one-half mill for each one dollar of  1,054        

valuation except that in those years in which the superintendent   1,055        

COMMISSION, pursuant to section 3318.051 of the Revised Code,      1,057        

requires the district to increase the tax rate to an amount        1,058        

greater than one-half mill, but not in excess of four mills, that  1,060        

the levy shall be made until the purchase price is paid but in no  1,061        

case longer than twenty-three years, and that the proceeds of the  1,062        

tax shall be used to pay the cost of maintaining the classroom     1,063        

facilities included in the project, except in any year the         1,064        

district's adjusted valuation per pupil is greater than the                     

statewide median adjusted valuation per pupil one-half of the      1,065        

proceeds of the tax shall be used for such maintenance and         1,066        

one-half of the proceeds of the tax shall be used to pay the cost  1,067        

of the purchase of the classroom facilities from the state under   1,068        

sections 3318.01 to 3318.20 of the Revised Code.                                

                                                          26     

                                                                 
      The form of the ballot to be used at such election shall     1,070        

be:                                                                1,071        

      "A majority affirmative vote is necessary for passage.       1,073        

      Shall bonds be issued by the Board of Education of the       1,075        

............ (here insert name of school district) for the         1,076        

purpose of ............ (here insert purpose of bond issue) in     1,077        

either an amount sufficient to raise the net indebtedness of the   1,078        

school district to within five thousand dollars of ............    1,079        

(here insert five, six, or seven per cent depending on the         1,080        

district's required level of indebtedness) of the total value of   1,081        

all property in the school district as listed and assessed for     1,082        

taxation on the tax duplicate for the year ............ (here      1,083        

insert the year preceding the year in which the resolution         1,084        

declaring the necessity of the election was adopted) or an amount  1,086        

equal to ............ (here insert the required percentage of the  1,087        

basic project costs), whichever is greater, and a levy of taxes    1,088        

be made outside of the ten-mill limitation for a maximum period    1,089        

of ............ (here insert longest maturity) years to pay the    1,090        

principal and interest of such bonds, the amount of such bonds     1,091        

being estimated to be ............ (here insert estimated amount   1,092        

of bond issue) for which the levy of taxes is estimated by the     1,093        

county auditor to average ............ (here insert number of      1,094        

mills) mills for each one dollar of valuation, which amounts to    1,095        

............ (here insert rate expressed in dollars and cents)     1,096        

for each one hundred dollars of valuation?"                        1,097        

                               and                                 1,099        

      "Shall an additional levy of taxes be made for the benefit   1,101        

of the ............ (name of school district), the proceeds of     1,102        

which shall be used to pay the cost of maintaining the classroom   1,104        

facilities included in the project, except that in any year the    1,105        

district's adjusted valuation per pupil is greater than the                     

state-wide median adjusted valuation per pupil one-half of the     1,106        

proceeds of the tax shall be used for such maintenance and         1,107        

one-half of such proceeds shall be used to pay the cost of the     1,108        

                                                          27     

                                                                 
purchase of classroom facilities from the state, at the rate of    1,109        

one-half mill for each one dollar of valuation except that in      1,110        

those years in which the state superintendent of public            1,111        

instruction OHIO SCHOOL FACILITIES COMMISSION, pursuant to         1,112        

section 3318.051 of the Revised Code, requires the district to     1,113        

increase the tax rate to an amount greater than one-half mill,     1,114        

but not in excess of four mills, until the purchase price is paid  1,115        

but in no case longer than twenty-three years?                     1,116        

         _______________________________________________           1,118        

                 FOR THE BOND ISSUE AND TAX LEVY                   1,119        

         _______________________________________________           1,120        

                 AGAINST THE BOND ISSUE AND TAX LEVY               1,121        

         _______________________________________________   "       1,122        

      Where it is not necessary to include the question of         1,125        

issuing bonds of the school district board with the question of    1,126        

levying the tax, the first paragraph of the foregoing ballot form  1,127        

shall be omitted and the question to be voted on shall be "For     1,128        

the Tax Levy" and "Against the Tax Levy."                          1,129        

      (D)  If it is necessary for the school district to acquire   1,131        

a site for the classroom facilities to be acquired pursuant to     1,132        

sections 3318.01 to 3318.20 of the Revised Code, the district      1,133        

board may propose either to issue bonds of the board or to levy a  1,134        

tax to pay for the acquisition of such site, and may combine the   1,135        

question of doing so with the questions specified in division (C)               

of this section.  Bonds issued under this division for the         1,136        

purpose of acquiring a site are a general obligation of the        1,137        

school district and are Chapter 133. securities.                   1,138        

      The form of that portion of the ballot to include the        1,140        

question of either issuing bonds or levying a tax for site         1,141        

acquisition purposes shall be one of the following:                1,142        

      (1)  "Shall bonds be issued by the board of education of     1,144        

the ......... (name of the school district) for the purpose of     1,145        

.......... (purpose of the bond issue, which shall be for the      1,146        

purpose of acquiring a site for classroom facilities) in the       1,147        

                                                          28     

                                                                 
principal amount of ........ (principal amount of the bond                      

issue), to be repaid annually over a maximum period of .........   1,148        

(maximum number of years over which the principal of the bonds     1,149        

may be paid) years, and an annual levy of property taxes be made   1,150        

outside the ten-mill limitation, estimated by the county auditor   1,151        

to average over the repayment period of the bond issue .......     1,152        

(number of mills) mills for each one dollar of tax valuation,      1,153        

which amount to ....... (rate expressed in dollars and cents) for               

each one hundred dollars of valuation?"                            1,154        

      (2)  "Shall an additional levy of taxes be made for the      1,156        

benefit of the ......... (name of the school district) .........   1,157        

for the purpose ......... (purpose of the levy, which shall be     1,158        

for the purpose of acquiring a site for classroom facilities) in   1,159        

the sum of ......... (annual amount the levy is to produce) and a  1,160        

levy of taxes to be made outside of the ten-mill limitation        1,161        

estimated by the county auditor to average ........ (number of     1,162        

mills) mills for each one hundred dollars of valuation, for a                   

period of ......... (number of years the millage is to be          1,163        

imposed) years?"                                                                

      Where it is necessary to combine the question of issuing     1,165        

bonds of the school district and levying a tax as described in     1,166        

division (C) of this section with the question of issuing bonds    1,167        

of the school district for acquisition of a site, the question     1,168        

specified in division (C) of this section to be voted on shall be  1,169        

"For the Bond Issues and the Tax Levy" and "Against the Bond                    

Issues and the Tax Levy."  In the event it is not necessary to     1,170        

include the question of issuing bonds as described in division     1,171        

(C) of this section, the question specified in that division to    1,172        

be voted on shall be "For the Bond Issue and the Tax Levy" and     1,173        

"Against the Bond Issue and the Tax Levy."                                      

      Where it is necessary to combine the question of issuing     1,175        

bonds of the school district and levying a tax as described in     1,176        

division (C) of this section with the question of levying a tax    1,177        

for the acquisition of a site, the question specified in division  1,178        

                                                          29     

                                                                 
(C) of this section to be voted on shall be "For the Bond Issue    1,179        

and the Tax Levies" and "Against the Bond Issue and the Tax                     

Levies."  In the event it is not necessary to include the          1,180        

question of issuing bonds as described in division (C) of this     1,181        

section, the question specified in that division to be voted on    1,182        

shall be "For the Tax Levies" and "Against the Tax Levies."        1,183        

      If a majority of those voting upon a proposition hereunder   1,185        

which includes the question of issuing bonds vote in favor         1,186        

thereof, and if the agreement provided for by section 3318.08 of   1,187        

the Revised Code has been entered into, the school district board  1,188        

may proceed under Chapter 133. of the Revised Code, with the       1,189        

issuance of bonds or bond anticipation notes in accordance with    1,190        

the terms of the agreement.                                        1,191        

      Sec. 3318.07.  The board of elections shall certify the      1,200        

result of the election to the tax commissioner, to the auditor of  1,201        

the county or counties in which the school district is located,    1,202        

to the treasurer of the school district board, and to the state    1,203        

board of education OHIO SCHOOL FACILITIES COMMISSION.  The         1,204        

necessary tax levy for debt service on the bonds shall be          1,205        

included in the annual tax budget that is certified to the county  1,206        

budget commission.                                                              

      Sec. 3318.08.  If the requisite favorable vote on the        1,215        

election is obtained, the state board of education OHIO SCHOOL     1,217        

FACILITIES COMMISSION, upon certification of the results of the    1,218        

election to it, shall enter into a written agreement with the      1,219        

school district board for the construction and sale of the         1,220        

project, which agreement shall include, but need not be limited    1,221        

to, the following provisions:                                                   

      (A)  The IF THE DISTRICT IS RANKED IN THE ELEVENTH THROUGH   1,223        

ONE HUNDREDTH PERCENTILES, THE sale and issuance of bonds or       1,224        

notes in anticipation thereof, as soon as practicable after the    1,225        

execution of the agreement, in either an amount which will raise   1,226        

the net bonded indebtedness of the school district, as of the      1,227        

date of the resolution authorizing the issuance of such bonds or   1,228        

                                                          30     

                                                                 
notes, to within five thousand dollars of the required level of    1,229        

indebtedness calculated for the year preceding the year in which   1,230        

the resolution declaring the necessity of the election was         1,232        

adopted or an amount equal to the required percentage of the       1,233        

basic project costs, whichever is greater; provided, that if at    1,234        

that time the county treasurer of each county in which the school  1,235        

district is located has not commenced the collection of taxes on   1,236        

the general duplicate of real and public utility property for      1,237        

such year, the school district board shall authorize the issuance  1,238        

of a first installment of bond anticipation notes in an amount     1,239        

specified by the agreement, which amount shall not exceed an       1,240        

amount necessary to raise the net bonded indebtedness of the       1,241        

school district as to the date of such authorizing resolution to   1,242        

within five thousand dollars of the required level of              1,243        

indebtedness for the preceding year.  In the event that a first    1,244        

installment of bond anticipation notes is issued, the school       1,245        

district board shall, as soon as practicable after the county      1,246        

treasurer of each county in which the school district is located   1,247        

has commenced the collection of taxes on the general duplicate of  1,248        

real and public utility property for the year in which the         1,249        

resolution declaring the necessity of the election was adopted,    1,250        

authorize the issuance of a second and final installment of bond   1,251        

anticipation notes or a first and final issue of bonds.  The       1,252        

combined value of the first and second installment of bond         1,253        

anticipation notes or the value of the first and final issue of    1,254        

bonds shall be equal to either an amount which will raise the net  1,255        

indebtedness of the school district as of the date of such         1,256        

authorizing resolution to within five thousand dollars of the      1,257        

required level of indebtedness, or an amount equal to the          1,258        

required percentage of the project costs, whichever is greater.    1,259        

The proceeds of any such bonds shall be used first to retire any   1,260        

bond anticipation notes.  Otherwise, the proceeds of such bonds    1,261        

and of any bond anticipation notes, except the premium and         1,262        

accrued interest thereon, shall be deposited in the school                      

                                                          31     

                                                                 
district's project construction fund.  In determining the amount   1,263        

of net indebtedness for the purpose of fixing the amount of an     1,264        

issue of either bonds or bond anticipation notes, gross            1,265        

indebtedness shall be reduced by moneys in the bond retirement     1,266        

fund only to the extent of the moneys therein on the first day of  1,267        

the year preceding the year in which the resolution authorizing    1,268        

such bonds or notes is adopted.  Should there be a decrease in     1,270        

the tax valuation of the school district so that the amount of     1,271        

indebtedness which can be incurred on the tax duplicates for the   1,272        

year in which the resolution declaring the necessity of the        1,273        

election was adopted is less than the amount of the first          1,274        

installment of bond anticipation notes, there shall be paid from   1,275        

the school district's project construction account to the school   1,276        

district's bond retirement fund to be applied against such notes   1,277        

an amount sufficient to cause the net indebtedness of the school   1,278        

district, as of the first day of the year following the year in    1,279        

which the resolution declaring the necessity of the election was   1,280        

adopted, to be within five thousand dollars of the required level  1,281        

of indebtedness for the year in which that resolution was          1,282        

adopted.  The maximum amount of indebtedness to be incurred by     1,283        

any school district board as its share of the cost of the project  1,284        

is either an amount which will cause its net indebtedness, as of   1,285        

the first day of the year following the year in which the          1,286        

resolution declaring the necessity of the bond issue was adopted,  1,287        

to be within five thousand dollars of the required level of        1,288        

indebtedness calculated for the year preceding the year in which   1,289        

that resolution was adopted or an amount equal to the required     1,291        

percentage of the basic project costs, whichever is greater.  All  1,292        

bonds and bond anticipation notes shall be issued in accordance    1,293        

with Chapter 133. of the Revised Code, and notes may be renewed    1,294        

as provided in section 133.22 of the Revised Code.                 1,295        

      (B)  The transfer of such funds of the school district       1,297        

board available for the project, together with the proceeds of     1,298        

the sale of the bonds or notes, except premium, accrued interest,  1,299        

                                                          32     

                                                                 
and interest included in the amount of the issue, to the school    1,300        

district's project construction account in the school district's   1,301        

depository;                                                        1,302        

      (C)  The levy of the tax authorized at the election for the  1,304        

payment of maintenance costs or the cost of purchasing the         1,306        

classroom facilities;                                                           

      (D)  Ownership of the project during the period of           1,308        

construction, which shall be divided between the state COMMISSION  1,310        

and the school district board in proportion to their respective    1,311        

contributions to the school district's project construction        1,312        

account;                                                           1,313        

      (E)  The transfer of the state's interest in the project to  1,315        

the school district upon completion of the project;                1,316        

      (F)  The insurance of the project by the school district     1,318        

from the time there is an insurable interest therein and so long   1,319        

as any part of the purchase price remains unpaid, in such amounts  1,320        

and against such risks as the state board COMMISSION shall         1,321        

require; provided, that the cost of any required insurance until   1,323        

the project is completed shall be a part of the basic project      1,324        

cost;                                                                           

      (G)  The certification by the director of budget and         1,326        

management that funds are available and have been set aside to     1,327        

meet the state's share of the basic project cost as approved by    1,329        

the controlling board pursuant to section 3318.04 of the Revised   1,330        

Code, such certification to consider any necessary revision of     1,331        

the state's share by the superintendent of public instruction      1,332        

required by changes in the school district's ability to provide    1,333        

more or less local funds than was estimated at the time of the     1,334        

conditional approval under section 3318.04 of the Revised Code;    1,335        

      (H)  Authorization of the school district board to           1,337        

advertise for and receive construction bids for the project, for   1,338        

and on behalf of the state board COMMISSION, and to award          1,339        

contracts in the name of the state subject to approval by the      1,341        

superintendent of public instruction COMMISSION;                   1,342        

                                                          33     

                                                                 
      (I)  Provisions for the disbursement of moneys from the      1,344        

school district's project account upon issuance by the             1,345        

superintendent of public instruction COMMISSION of vouchers for    1,346        

work done to be certified to the superintendent COMMISSION by the  1,348        

treasurer of the school district board;                            1,350        

      (J)  Disposal of any balance left in the school district's   1,352        

project construction account upon completion of the project;       1,353        

      (K)  Prohibition against alienation of any interest in the   1,355        

project by the school district board or its successor in interest  1,356        

without the consent of the state board COMMISSION so long as any   1,357        

part of the purchase price of the project remains unpaid, but in   1,359        

no case longer than twenty-three years;                            1,360        

      (L)  Limitations upon use of the project or any part of it   1,362        

so long as any part of the purchase price of the project remains   1,363        

unpaid, but in no case longer than twenty-three years;             1,364        

      (M)  Suspension of the power to issue bonds or notes by the  1,366        

school district board for permanent improvements without the       1,367        

prior consent of the state board COMMISSION for so long as any     1,368        

part of the purchase price of the project remains unpaid, but in   1,370        

no case longer than twenty-three years;                            1,371        

      (N)  Provision for vesting absolute interest in the project  1,373        

in the school district board when the purchase price has been      1,374        

paid or at the expiration of the period of twenty-three years;     1,375        

      (O)  Provision for deposit of an executed copy of the        1,377        

agreement in the office of the state board COMMISSION and the      1,378        

office of the county recorder of the county or counties in which   1,380        

the project is situated;                                           1,381        

      (P)  Provision for termination of the contract and release   1,383        

of the funds encumbered at the time of the conditional approval,   1,384        

if the proceeds of the sale of the bonds of the school district    1,385        

board are not paid into the school district's project              1,386        

construction account and if bids for the construction of the       1,387        

project have not been taken within such period after the           1,388        

execution of the agreement as may be fixed by the state board      1,389        

                                                          34     

                                                                 
COMMISSION;                                                        1,390        

      (Q)  PROVISION FOR THE SCHOOL DISTRICT TO MAINTAIN THE       1,392        

PROJECT IN ACCORDANCE WITH A PLAN APPROVED BY THE COMMISSION;      1,393        

      (R)  PROVISION THAT ALL STATE FUNDS RESERVED AND ENCUMBERED  1,396        

TO PAY THE STATE SHARE OF THE COST OF THE PROJECT PURSUANT TO      1,397        

SECTION 3318.03 OF THE REVISED CODE BE SPENT ON THE CONSTRUCTION   1,399        

OR ACQUISITION OF THE PROJECT PRIOR TO THE EXPENDITURE OF ANY      1,400        

FUNDS PROVIDED BY THE SCHOOL DISTRICT TO PAY FOR ITS SHARE OF THE  1,401        

PROJECT COST.                                                                   

      Sec. 3318.081.  If the board of education of a school        1,410        

district authorized to impose a tax pursuant to section 3318.06    1,411        

of the Revised Code determines that taxable value of property      1,412        

subject to the tax has increased to the extent it will not be      1,413        

necessary to impose such tax for twenty-three years in order to    1,414        

pay the purchase price, it may request the county auditor to       1,415        

determine the amount of the purchase price remaining to be paid    1,416        

and the estimated rate of taxation required each year to repay     1,417        

such remainder in equal installments over the maximum number of    1,418        

remaining years the tax may be in effect.  The auditor shall make  1,419        

such determination upon request and certify the results thereof    1,420        

to the board of education.                                         1,421        

      Upon receipt of the auditor's determination, the board of    1,423        

education may request the state board of education OHIO SCHOOL     1,425        

FACILITIES COMMISSION to enter into a supplemental agreement       1,426        

under which the district may repay the remainder of the purchase   1,427        

price in annual amounts equal to the quotient obtained by          1,428        

dividing the amount remaining to be paid by the maximum number of  1,429        

remaining years the tax may be in effect. If such an agreement is  1,430        

entered into, the state board COMMISSION shall certify a copy      1,432        

thereof to the county auditor and the tax authorized by section    1,433        

3318.06 of the Revised Code thereafter shall be levied at the      1,434        

rate required to make the annual payments required by the          1,435        

supplemental agreement rather than the rate required by such       1,436        

section.                                                                        

                                                          35     

                                                                 
      Sec. 3318.082.  THE BOARD OF EDUCATION OF ANY SCHOOL         1,438        

DISTRICT IMPOSING A TAX FOR THE PURPOSE OF PAYING THE COST OF THE  1,439        

PURCHASE OF CLASSROOM FACILITIES FROM THE STATE PURSUANT TO        1,440        

SECTION 3318.06 OF THE REVISED CODE PRIOR TO THE EFFECTIVE DATE                 

OF THE AMENDMENTS TO THAT SECTION BY AMENDED SUBSTITUTE HOUSE      1,442        

BILL NO. 748 OF THE 121st GENERAL ASSEMBLY, MAY ENTER INTO A       1,443        

SUPPLEMENTAL AGREEMENT WITH THE OHIO SCHOOL FACILITIES COMMISSION  1,444        

UNDER WHICH THE PROCEEDS OF SUCH TAX SHALL BE DISTRIBUTED IN       1,446        

ACCORDANCE WITH THE REQUIREMENTS OF SECTION 3318.06 OF THE                      

REVISED CODE, AS AMENDED BY AMENDED SUBSTITUTE HOUSE BILL NO. 748  1,448        

OF THE 121st GENERAL ASSEMBLY.                                     1,449        

      Sec. 3318.091.  Promptly after the written agreement         1,458        

between the school district board and the state board of           1,459        

education OHIO SCHOOL FACILITIES COMMISSION has been entered       1,460        

into, the school district board shall proceed with the issuance    1,462        

of its bonds or notes in anticipation thereof pursuant to the      1,463        

provision of such agreement required by division (A) of section    1,464        

3318.08 of the Revised Code and the deposit of the proceeds        1,465        

thereof in the school district's project construction account                   

pursuant to the provision of such agreement required by division   1,466        

(B) of section 3318.08 of the Revised Code, and the school         1,467        

district board, with the approval of the superintendent of public  1,468        

instruction COMMISSION shall employ a qualified professional       1,471        

person or firm to prepare preliminary plans, working drawings,                  

specifications, estimates of cost, and such data as the school     1,472        

district board and the superintendent of public instruction        1,473        

COMMISSION deem necessary for the project.  When the preliminary   1,475        

plans and preliminary estimates of cost have been prepared, and    1,476        

approved by the school district board, they shall be submitted to  1,477        

the superintendent of public instruction COMMISSION for approval,  1,478        

modification, or rejection.  The superintendent COMMISSION shall   1,479        

ensure that the plans and materials proposed for use in the        1,481        

project comply with specifications for plans and materials that    1,482        

shall be established by the state board of education COMMISSION.   1,483        

                                                          36     

                                                                 
When such preliminary plans and preliminary estimates of cost and  1,485        

any modifications thereof have been approved by the                1,486        

superintendent of public instruction COMMISSION and the school     1,488        

district board, the school district board shall cause such         1,490        

qualified professional person or firm to prepare the working                    

drawings, specifications, and estimates of cost.                   1,491        

      Sec. 3318.10.  When such working drawings, specifications,   1,501        

and estimates of cost have been approved by the school district    1,502        

board and the superintendent of public instruction OHIO SCHOOL     1,504        

FACILITIES COMMISSION, the treasurer of the school district board  1,505        

shall advertise for construction bids for the project once a week  1,506        

for four consecutive weeks in a newspaper published in and of      1,507        

general circulation in the county in which the project is          1,508        

located.  Such notices shall state that plans and specifications   1,509        

for the project are on file in the office of the state board of    1,510        

education COMMISSION and such other place as may be designated in  1,512        

such notice, and the time and place when and where bids therefor   1,513        

will be received.                                                               

      The form of proposal to be submitted by bidder BIDDERS       1,515        

shall be supplied by the state board COMMISSION.  Bidders may be   1,516        

permitted to bid upon all the branches of work and materials to    1,518        

be furnished and supplied, upon any branch thereof, or upon all    1,519        

or any thereof.                                                                 

      A proposal shall be invalid and not considered unless it     1,521        

meets the requirements of section 153.54 of the Revised Code.      1,522        

      When the construction bids for all branches of work and      1,524        

materials have been tabulated, the superintendent of public        1,525        

instruction COMMISSION shall cause to be prepared a revised        1,526        

estimate of the basic project cost based upon the lowest           1,528        

responsible bids received. If such revised estimate exceeds the    1,529        

estimated basic project cost as approved by the controlling board  1,530        

pursuant to section 3318.04 of the Revised Code as adjusted for    1,531        

inflation from the time of such approval, no contracts may be      1,532        

entered into pursuant to this section unless such revised          1,533        

                                                          37     

                                                                 
estimate is approved by the state board COMMISSION and by the      1,534        

controlling board referred to in section 3318.04 of the Revised    1,536        

Code.  The adjustment for inflation shall be calculated and        1,537        

agreed to by the superintendent of public instruction, the         1,538        

director of the legislative budget office of the legislative       1,539        

service commission, and the director of the office of budget and   1,540        

management.  When such revised estimate has been prepared, and     1,542        

after such approvals are given, if necessary, and if the school    1,543        

district board has caused to be transferred to the project         1,544        

construction account the proceeds from the sale of the first or    1,545        

first and final installment of its bonds or bond anticipation      1,546        

notes pursuant to the provision of written agreement required by   1,547        

division (B) of section 3318.08 of the Revised Code, and when the  1,548        

director of budget and management has certified that there is a    1,549        

balance in the appropriation, not otherwise obligated to pay       1,550        

precedent obligations, pursuant to which the state's share of      1,551        

such revised estimate is required to be paid, the contract for                  

all branches of work and materials to be furnished and supplied,   1,552        

or for any branch thereof as determined by the school district     1,553        

board, shall be awarded by the school district board to the        1,554        

lowest responsible bidder subject to the approval of the           1,555        

superintendent of public instruction COMMISSION.  Such award       1,556        

shall be made within thirty days after the date on which the bids  1,558        

are opened, and the successful bidder shall enter into a contract  1,559        

within ten days after the successful bidder is notified of the     1,560        

award of the contract.                                             1,561        

      Subject to the approval of the superintendent of public      1,563        

instruction COMMISSION, the school district board may reject all   1,564        

bids and readvertise.  Any contract made under this section shall  1,566        

be made in the name of the state and executed on its behalf by     1,567        

the president and treasurer of the school district board.          1,568        

      The provisions of sections 153.50 to 153.99 of the Revised   1,570        

Code, which are applicable to construction contracts of boards of  1,571        

education and which permit bids to be made for two or more trades  1,572        

                                                          38     

                                                                 
or kinds of work, shall apply to construction contracts for the    1,573        

project to the exclusion of sections 153.01 to 153.20 of the       1,574        

Revised Code applicable to state construction contracts.           1,575        

      The remedies afforded to any subcontractor, materialman      1,577        

MATERIALS SUPPLIER, laborer, mechanic, or persons furnishing       1,579        

material or machinery for the project under sections 1311.26 to    1,580        

1311.32 of the Revised Code, shall apply to contracts entered      1,581        

into under this section and the itemized statement required by     1,582        

section 1311.26 of the Revised Code shall be filed with the        1,583        

school district board.                                                          

      Sec. 3318.111.  The school district board shall have         1,592        

authority, with the approval of the superintendent of public       1,593        

instruction OHIO SCHOOL FACILITIES COMMISSION and notwithstanding  1,595        

the provisions of sections 135.01 to 135.21, inclusive, of the     1,596        

Revised Code, to invest funds on deposit in the project            1,598        

construction account in bonds, notes, certificates of              1,599        

indebtedness, treasury bills, or other securities issued by and    1,600        

constituting direct obligations of the United States, or the                    

state of Ohio maturing, or redeemable at the option of the         1,601        

holder, not later than the dates on which such funds will be       1,602        

required to be disbursed from such account.                                     

      Sec. 3318.12.  The superintendent of public instruction      1,612        

OHIO SCHOOL FACILITIES COMMISSION shall cause to be transferred    1,613        

to the school district's project construction account the          1,614        

necessary amounts from amounts appropriated by the general         1,615        

assembly and set aside for such purpose, from time to time as may  1,616        

be necessary to pay obligations chargeable to such account when    1,617        

due.  The treasurer of the school district board shall disburse    1,618        

funds from the school district's project construction account      1,619        

only upon the approval of the superintendent of public             1,620        

instruction COMMISSION.  The superintendent of public instruction  1,622        

COMMISSION or his THE COMMISSION'S designated representative       1,624        

shall issue vouchers against such account, in such amounts, and                 

at such times as required by the contracts for construction of     1,625        

                                                          39     

                                                                 
the project.                                                                    

      Any surplus remaining in the school district's project       1,627        

construction account after the project has been completed shall    1,628        

be transferred to the state board of education COMMISSION for      1,629        

expenditure pursuant to sections 3318.01 to 3318.20 of the         1,631        

Revised Code; provided, that if the final cost of the project is   1,632        

less than the amount of moneys paid into the school district's     1,633        

project construction account by the school district board, the     1,634        

amount by which the school district's contribution exceeds the     1,635        

actual cost shall be returned to the school district board.        1,636        

      Sec. 3318.13.  Notwithstanding any provision of sections     1,645        

5705.27 to 5705.50 of the Revised Code, the tax to be levied on    1,646        

all taxable property within a school district for the purpose of   1,647        

paying the cost of maintaining the classroom facilities included   1,648        

in the project or for paying the purchase price of the project to  1,649        

the state under the agreement provided in section 3318.08 of the   1,650        

Revised Code or the supplemental agreement provided in section     1,651        

3318.081 of the Revised Code shall be included in the budget of    1,652        

the school district for each year upon the certification to the    1,653        

county budget commission or commissions of the county or counties  1,654        

in which said school district is located, by the state board of    1,655        

education OHIO SCHOOL FACILITIES COMMISSION of the balance due     1,657        

the state under said agreement or supplemental agreement.  Such    1,658        

certification shall be made on or before the fifteenth day of      1,659        

July in each year.  Thereafter, the respective county budget       1,660        

commissions shall treat such certification as an additional item   1,661        

on the tax budget for the school district as to which such         1,662        

certification has been made and shall provide for the levy         1,663        

therefor in the manner provided in sections 5705.27 to 5705.50 of  1,664        

the Revised Code for tax levies included directly in the budgets   1,665        

of the subdivisions.                                                            

      The levy of taxes shall be included in the next annual tax   1,667        

budget that is certified to the county budget commission after     1,668        

the execution of the agreement for the project.                    1,669        

                                                          40     

                                                                 
      Sec. 3318.14.  Notwithstanding the provision of section      1,678        

321.31 of the Revised Code, immediately after each settlement      1,679        

with the county auditor, on presentation of the warrant of the     1,680        

county auditor therefor, the county treasurer shall pay to the     1,681        

school district the proceeds of the tax levy provided in section   1,682        

3318.13 of the Revised Code to be used to pay the cost of                       

maintaining the classroom facilities included in the project and   1,684        

pay to the state board OHIO SCHOOL FACILITIES COMMISSION any       1,686        

proceeds of the tax levy provided in section 3318.13 of the                     

Revised Code to be applied to the unpaid purchase price of the     1,687        

project.                                                                        

      Sec. 3318.15.  There is hereby created the public school     1,696        

building fund within the state treasury consisting of all moneys   1,697        

received from the sale of classroom facilities pursuant to         1,698        

sections 3318.01 to 3318.20 of the Revised Code, any moneys        1,699        

transferred or appropriated to the fund by the general assembly,   1,700        

and any grants, gifts, or contributions received by the state      1,701        

board of education OHIO SCHOOL FACILITIES COMMISSION to be used    1,702        

for the purposes of the fund.                                      1,703        

      Moneys transferred or appropriated to the fund by the        1,705        

general assembly and moneys in the fund from grants, gifts, and    1,706        

contributions shall be used to acquire classroom facilities for    1,707        

sale to school districts pursuant to sections 3318.01 to 3318.20   1,708        

of the Revised Code.  The moneys in the fund received from the     1,709        

sale of classroom facilities shall be held in a separate account   1,710        

in the fund.  Such moneys may be used partially to acquire         1,711        

additional classroom facilities for sale to school districts       1,712        

pursuant to sections 3318.01 to 3318.20 and partially to pay bond  1,713        

service charges as defined in division (C) of section 3318.21 of   1,714        

the Revised Code on obligations, the proceeds of which are         1,715        

deposited into the school districts facilities fund created in     1,716        

section 3318.23 of the Revised Code.                               1,717        

      Sec. 3318.16.  Title to interests in real property           1,726        

purchased with moneys in the school district's project             1,727        

                                                          41     

                                                                 
construction account shall be taken in the name of the state of    1,728        

Ohio.  Upon completion of the project, the title to such interest  1,729        

in real property shall be conveyed to the school district board                 

and the president and the secretary of the state board OHIO        1,730        

SCHOOL FACILITIES COMMISSION shall execute and deliver deeds to    1,732        

complete the transfer of such interests.                                        

      Upon completion of the project, the interest of the state    1,734        

in the project shall be transferred to the school district board,  1,735        

which interest is equal to that portion of the final cost of the   1,736        

project represented by funds contributed by the state for the      1,737        

project.  The purchase price to be paid by the school district     1,738        

board for the state's interest in the project shall be the total                

amount of funds contributed by the state for the project.          1,739        

      Sec. 3318.17.  A school district board may purchase          1,748        

classroom facilities from the state from time to time under the    1,749        

procedure set forth in sections 3318.01 to 3318.12 of the Revised  1,750        

Code.  The levy of taxes required by section 3318.14 of the        1,751        

Revised Code shall be at the rate of one-half mill for each one    1,753        

dollar of valuation except that in those years in which the state  1,754        

superintendent of public instruction OHIO SCHOOL FACILITIES        1,755        

COMMISSION, pursuant to section 3318.051 of the Revised Code,      1,756        

requires the district to increase the tax rate to an amount        1,757        

greater than one-half mill, but not in excess of four mills, and   1,758        

shall be for a maximum period of twenty-three years after the      1,759        

last purchase and except in those years in which a supplemental    1,760        

agreement authorized by section 3318.081 of the Revised Code is    1,761        

in effect, the rate shall be as prescribed for such section for    1,762        

the period during which such agreement is in effect.  Where a      1,763        

school district has purchased classroom facilities from the state  1,764        

on which any portion of the purchase price remains unpaid and it   1,765        

desires to purchase additional classroom facilities, the notice    1,766        

of election and form of ballot set forth in section 3318.06 of     1,767        

the Revised Code shall provide that the levy is an extension of    1,768        

an existing levy for a maximum period of twenty-three years.       1,769        

                                                          42     

                                                                 
Where there has been more than one purchase of classroom           1,770        

facilities from the state, any proceeds of the tax to be used to   1,771        

pay the purchase price of such facilities shall be applied to the  1,772        

unpaid purchase price of the projects in the order in which they   1,773        

were purchased.                                                                 

      Sec. 3318.18.  The unpaid purchase price of a project shall  1,782        

constitute an indebtedness of the school district but shall not    1,783        

be included in the calculation of indebtedness under sections      1,784        

133.04 and 133.06 of the Revised Code.  In the event all or a      1,785        

portion of the territory comprising a school district, which has   1,786        

outstanding an indebtedness to the state representing the unpaid   1,787        

purchase price of a project or projects, is transferred to         1,788        

another school district, or, if a new school district is created   1,789        

to include all or a portion of such school district, the           1,790        

outstanding indebtedness for each project shall be apportioned     1,791        

between the acquiring school district and the original school      1,792        

district in the ratio, as of the effective date of the transfer,   1,793        

which the assessed valuation of the territory transferred to the   1,794        

acquiring school district bears to the assessed valuation of the   1,795        

original school district.                                          1,796        

      The amount of the indebtedness so assumed by the new school  1,798        

district or acquiring school district shall be equal to one-half   1,799        

mill multiplied by the total value of all property as listed and   1,800        

assessed for taxation in the original school district or           1,801        

territory transferred for each of the years remaining in the       1,802        

agreement for payment of purchase price between the original       1,803        

school district and the state board of education.  On or before    1,804        

the first day of July of each year, the department of taxation     1,805        

shall certify to the state board of education OHIO SCHOOL          1,806        

FACILITIES COMMISSION the amount of the tax duplicate of the       1,808        

original school district or territory transferred for the          1,809        

calendar year ending on the thirty-first day of December           1,810        

immediately preceding.  This tax duplicate shall be used in the    1,811        

calculation of the indebtedness so assumed.                                     

                                                          43     

                                                                 
      The acquiring school district shall levy a tax outside the   1,813        

ten-mill limitation upon all property in the acquiring school      1,814        

district to pay the indebtedness so assumed until the              1,815        

indebtedness so assumed has been discharged but not longer than    1,816        

twenty-three years after the original incurrence of the            1,817        

indebtedness, provided, that the levy in the acquiring school      1,818        

district in any year shall not exceed the levy in the original     1,819        

school district to pay the purchase price of projects acquired     1,820        

from the state.  The proceeds of the aforesaid tax levy in the     1,821        

acquiring school district shall be applied to the discharge of     1,822        

indebtedness first incurred in point of time whether or not it be  1,823        

an indebtedness assumed from another school district.              1,824        

      Sec. 3318.19.  A complete detailed report of the             1,833        

expenditure of funds pursuant to the provisions of sections        1,834        

3318.01 to 3318.20, inclusive, of the Revised Code shall be made   1,836        

by the state board OHIO SCHOOL FACILITIES COMMISSION biennially    1,837        

to the general assembly.  The report shall contain a detailed      1,838        

statement of classroom facilities acquired in whole or in part by  1,839        

the state and sold to school districts, the moneys received from   1,840        

school districts for credit against their indebtedness to the                   

state, and such other information as will advise the general       1,841        

assembly of the nature and progress of this program.               1,842        

      Sec. 3318.22.  (A)  The general assembly finds that many     1,851        

school districts are prevented by their size, tax base, or other   1,852        

conditions from performing their essential functions as agencies   1,853        

of state government to provide adequate classroom facilities and   1,854        

issuing securities under Chapter 133. of the Revised Code at       1,855        

favorable interest rates or charges.  Accordingly, the state       1,856        

board of education OHIO SCHOOL FACILITIES COMMISSION is invested   1,858        

with the powers and duties provided in sections 3318.21 to         1,859        

3318.29 of the Revised Code in order to provide deserved           1,860        

assistance and materially contribute to the educational            1,861        

revitalization of such school districts and result in improving    1,862        

the education and welfare of all the people of the state.          1,863        

                                                          44     

                                                                 
      (B)  Sections 3318.21 to 3318.29 of the Revised Code do not  1,865        

authorize the state board of education COMMISSION or the issuing   1,866        

authority to incur bonded indebtedness of the state or any         1,868        

political subdivision of the state, or to obligate or pledge       1,869        

moneys raised by taxation for the payment of any bonds or notes    1,870        

issued pursuant to sections 3318.21 to 3318.29 of the Revised      1,871        

Code.                                                                           

      Sec. 3318.23.  (A)  There is hereby created the school       1,880        

districts facilities fund within the state treasury that shall     1,881        

consist of the proceeds of obligations issued pursuant to section  1,882        

3318.26 of the Revised Code for the purposes of such fund, which   1,883        

obligations are payable, in part, from moneys in the public        1,884        

school building fund created in section 3318.15 of the Revised     1,885        

Code; moneys received by the state from sources specified in       1,886        

section 3318.27 of the Revised Code; service or other charges      1,887        

imposed pursuant to section 3318.24 of the Revised Code; any       1,888        

grants, gifts, or contributions of money received by the state     1,889        

board of education OHIO SCHOOL FACILITIES COMMISSION for use in    1,891        

making loans from the fund pursuant to section 3318.24 of the      1,892        

Revised Code; and all other moneys appropriated or transferred to  1,893        

the fund; provided that the school districts facilities fund       1,894        

shall not be comprised, in any part, of money raised by taxation.  1,895        

      (B)  Moneys in the public school building fund that are      1,897        

pledged receipts and that are, pursuant to section 3318.26 of the  1,898        

Revised Code, made available by the state board of education       1,899        

COMMISSION to pay bond service charges for obligations issued      1,901        

pursuant to that section shall be credited to the school           1,902        

facilities bond service fund created in division (S) of section    1,903        

3318.26 of the Revised Code for each issuance of obligations       1,904        

authorized under that section unless otherwise provided in the     1,905        

applicable bond proceedings.                                       1,906        

      (C)  Subject to the approval of the controlling board, all   1,908        

moneys appropriated or transferred to the school districts         1,909        

facilities fund may be released at the request of the state board  1,910        

                                                          45     

                                                                 
of education COMMISSION for the making of loans pursuant to        1,911        

section 3318.24 of the Revised Code.                               1,913        

      Sec. 3318.24.  (A)  The state board of education OHIO        1,922        

SCHOOL FACILITIES COMMISSION shall adopt rules in accordance with  1,924        

Chapter 119. of the Revised Code under which, in any fiscal year   1,925        

for which moneys are available in the school districts facilities  1,926        

fund, the state board COMMISSION, subject to the approval of the   1,928        

controlling board, may make loans from the fund to school          1,929        

districts for the purpose of paying the allowable costs of a       1,930        

permanent improvement.  The rules shall include, but need not be   1,931        

limited to, all of the following:                                               

      (1)  Application procedures, including the date by which     1,933        

applications shall be made;                                        1,934        

      (2)  Eligibility criteria, which shall include at least the  1,936        

following provisions:                                              1,937        

      (a)  A requirement that an applicant district demonstrate    1,939        

need for additional or improved classroom facilities.  Indicators  1,940        

of need shall include, but need not be limited to, enrollment      1,941        

levels and enrollment changes; ability of the district to          1,942        

maintain minimum educational standards; the inability of the       1,943        

district to finance the allowable costs of the permanent           1,944        

improvement through ordinary financial channels upon reasonable    1,945        

terms and at a reasonable interest rate or charge; and             1,946        

demonstrated good faith efforts by the district to provide         1,947        

classroom facilities by other means.                               1,948        

      (b)  A requirement that the loan will be adequately secured  1,950        

by the issuance of general obligation bonds by the school          1,951        

district as voted upon and approved by the district's electors     1,952        

pursuant to section 133.18 of the Revised Code.                    1,953        

      (c)  A requirement that an applicant district demonstrate    1,955        

the ability to repay the loan and interest charge within the       1,956        

maximum period permitted by division (A)(4) of this section.       1,957        

      (3)  Loan approval procedures and criteria, including        1,959        

criteria for prioritizing eligible applications in accordance      1,960        

                                                          46     

                                                                 
with demonstrated need for additional or improved classroom        1,961        

facilities.                                                        1,962        

      (4)  Provisions governing repayment of loans and interest    1,964        

charges, including a provision that loans and interest charges be  1,965        

repaid within a maximum of twenty-five years.                      1,966        

      (5)  Provisions governing the charging, altering, and        1,968        

collection, by the state board COMMISSION, of fees or interest or  1,970        

other charges for loans or service charges for the making of a     1,971        

loan.                                                                           

      (B)  The state board COMMISSION shall enter into a loan      1,973        

agreement with each district it approves for a loan pursuant to    1,975        

division (A) of this section.  The agreement shall specify the     1,976        

amount of the loan, the amount of the interest charged for the     1,977        

loan, the purpose for which the loan is to be used, the duration   1,978        

of the loan, and the repayment schedule.  Every such agreement     1,979        

shall contain a provision authorizing the state board COMMISSION   1,980        

to deduct from payments due to the district under Chapter 3317.    1,982        

of the Revised Code or from any other funds appropriated to the    1,983        

district by the general assembly, the amount of any scheduled      1,984        

loan payment due but not paid by the district.  The state board    1,985        

COMMISSION may take any necessary or appropriate action to         1,987        

collect or otherwise deal with any loan made pursuant to this      1,988        

section.                                                                        

      Sec. 3318.25.  There is hereby created in the state          1,997        

treasury the school building program assistance fund.  The fund    1,998        

shall consist of the proceeds of obligations issued for the        1,999        

purposes of such fund pursuant to section 3318.26 of the Revised   2,000        

Code that are payable from moneys in the lottery profits           2,001        

education fund created in section 3770.06 of the Revised Code.     2,002        

Moneys in the fund shall be used as directed by the state board    2,003        

of education OHIO SCHOOL FACILITIES COMMISSION for the cost to     2,005        

the state of acquiring classroom facilities for sale to school                  

districts pursuant to sections 3318.01 to 3318.20 of the Revised   2,006        

Code.                                                              2,007        

                                                          47     

                                                                 
      Sec. 3318.26.  (A)  Subject to the limitations provided in   2,016        

section 3318.29 of the Revised Code, the issuing authority, upon   2,017        

the certification by the state board of education OHIO SCHOOL      2,019        

FACILITIES COMMISSION to the issuing authority of the amount of    2,020        

moneys or additional moneys needed in the school districts         2,021        

facilities fund for the purpose of making loans for allowable      2,022        

costs from such fund or in the school building program assistance  2,023        

fund for the purposes of sections 3318.01 to 3318.20 of the        2,024        

Revised Code, or needed for capitalized interest, for funding      2,025        

reserves, and for paying costs and expenses incurred in            2,026        

connection with the issuance, carrying, securing, paying,          2,027        

redeeming, or retirement of the obligations or any obligations     2,028        

refunded thereby, including payment of costs and expenses          2,029        

relating to letters of credit, lines of credit, insurance, put     2,030        

agreements, standby purchase agreements, indexing, marketing,      2,031        

remarketing and administrative arrangements, interest swap or      2,032        

hedging agreements, and any other credit enhancement, liquidity,   2,033        

remarketing, renewal, or refunding arrangements, all of which are  2,034        

authorized by this section, shall issue obligations of the state   2,035        

under this section in the required amount.  The proceeds of such   2,036        

obligations, except for obligations issued to provide moneys for   2,038        

the school building program assistance fund or except for such     2,039        

portion to be deposited in special funds, including reserve        2,040        

funds, as may be provided in the bond proceedings, shall as        2,041        

provided in the bond proceedings be deposited by the treasurer of  2,042        

state to the school districts facilities fund.  The issuing        2,043        

authority may appoint trustees, paying agents, and transfer        2,044        

agents and may retain the services of financial advisors and       2,045        

accounting experts and retain or contract for the services of      2,046        

marketing, remarketing, indexing, and administrative agents,       2,047        

other consultants, and independent contractors, including          2,048        

printing services, as are necessary in the issuing authority's     2,049        

judgment to carry out this section.  The costs of such services    2,050        

are payable from the school districts facilities fund, the school  2,051        

                                                          48     

                                                                 
building program assistance fund, or any special fund determined   2,052        

by the issuing authority.                                                       

      (B)  The holders or owners of such obligations shall have    2,054        

no right to have moneys raised by taxation obligated or pledged,   2,055        

and moneys raised by taxation shall not be obligated or pledged,   2,056        

for the payment of bond service charges.  Such holders or owners   2,057        

shall have no rights to payment of bond service charges from any   2,058        

money or property received by the state board of education         2,059        

COMMISSION, treasurer of state, or the state, or from any other    2,061        

use of the proceeds of the sale of the obligations, and no such    2,062        

moneys may be used for the payment of bond service charges,        2,063        

except for accrued interest, capitalized interest, and reserves    2,064        

funded from proceeds received upon the sale of the obligations     2,065        

and except as otherwise expressly provided in the applicable bond  2,066        

proceedings pursuant to written directions by the treasurer of     2,067        

state.  The right of such holders and owners to payment of bond    2,068        

service charges shall be limited to all or that portion of the     2,069        

pledged receipts and those special funds pledged thereto pursuant  2,070        

to the bond proceedings in accordance with this section, and each  2,071        

such obligation shall bear on its face a statement to that         2,072        

effect.                                                                         

      (C)  Obligations shall be authorized by resolution or order  2,074        

of the issuing authority and the bond proceedings shall provide    2,075        

for the purpose thereof and the principal amount or amounts, and   2,076        

shall provide for or authorize the manner or agency for            2,077        

determining the principal maturity or maturities, not exceeding    2,078        

the limits specified in section 3318.29 of the Revised Code, the   2,079        

interest rate or rates or the maximum interest rate, the date of   2,080        

the obligations and the dates of payment of interest thereon,      2,081        

their denomination, and the establishment within or without the    2,082        

state of a place or places of payment of bond service charges.     2,083        

Sections 9.98 to 9.983 of the Revised Code are applicable to       2,084        

obligations issued under this section, subject to any applicable   2,085        

limitation under section 3318.29 of the Revised Code.  The         2,086        

                                                          49     

                                                                 
purpose of such obligations may be stated in the bond proceedings  2,087        

in terms describing the general purpose or purposes to be served.  2,088        

The bond proceedings shall also provide, subject to the            2,089        

provisions of any other applicable bond proceedings, for the       2,090        

pledge of all, or such part as the issuing authority may           2,091        

determine, of the pledged receipts and the applicable special      2,092        

fund or funds to the payment of bond service charges, which        2,093        

pledges may be made either prior or subordinate to other           2,094        

expenses, claims, or payments, and may be made to secure the       2,095        

obligations on a parity with obligations theretofore or            2,096        

thereafter issued, if and to the extent provided in the bond       2,097        

proceedings.  The pledged receipts and special funds so pledged    2,098        

and thereafter received by the state are immediately subject to    2,099        

the lien of such pledge without any physical delivery thereof or   2,100        

further act, and the lien of any such pledges is valid and         2,101        

binding against all parties having claims of any kind against the  2,102        

state or any governmental agency of the state, irrespective of     2,103        

whether such parties have notice thereof, and shall create a       2,104        

perfected security interest for all purposes of Chapter 1309. of   2,105        

the Revised Code, without the necessity for separation or          2,106        

delivery of funds or for the filing or recording of the bond       2,107        

proceedings by which such pledge is created or any certificate,    2,108        

statement or other document with respect thereto; and the pledge   2,109        

of such pledged receipts and special funds is effective and the    2,110        

money therefrom and thereof may be applied to the purposes for     2,111        

which pledged without necessity for any act of appropriation,      2,112        

except as required by section 3770.06 of the Revised Code.  Every  2,113        

pledge, and every covenant and agreement made with respect         2,114        

thereto, made in the bond proceedings may therein be extended to   2,115        

the benefit of the owners and holders of obligations authorized    2,116        

by this section, and to any trustee therefor, for the further      2,117        

security of the payment of the bond service charges.               2,118        

      (D)  The bond proceedings may contain additional provisions  2,120        

as to:                                                             2,121        

                                                          50     

                                                                 
      (1)  The redemption of obligations prior to maturity at the  2,123        

option of the issuing authority at such price or prices and under  2,124        

such terms and conditions as are provided in the bond              2,125        

proceedings;                                                       2,126        

      (2)  Other terms of the obligations;                         2,128        

      (3)  Limitations on the issuance of additional obligations;  2,130        

      (4)  The terms of any trust agreement or indenture securing  2,132        

the obligations or under which the same may be issued;             2,133        

      (5)  The deposit, investment and application of special      2,135        

funds, and the safeguarding of moneys on hand or on deposit,       2,136        

without regard to Chapter 131., 133., or 135. of the Revised       2,137        

Code, but subject to any special provisions of sections 3318.21    2,138        

to 3318.29 of the Revised Code, with respect to particular funds   2,139        

or moneys, provided that any bank or trust company that acts as    2,140        

depository of any moneys in the special funds may furnish such     2,141        

indemnifying bonds or may pledge such securities as required by    2,142        

the issuing authority;                                             2,143        

      (6)  Any or every provision of the bond proceedings being    2,145        

binding upon such officer, board, commission, authority, agency,   2,146        

department, or other person or body as may from time to time have  2,147        

the authority under law to take such actions as may be necessary   2,148        

to perform all or any part of the duty required by such            2,149        

provision;                                                         2,150        

      (7)  Any provision that may be made in a trust agreement or  2,153        

indenture;                                                                      

      (8)  The lease or sublease of any interest of the school     2,155        

district or the state in one or more projects as defined in        2,156        

division (C) of section 3318.01 of the Revised Code, or in one or  2,157        

more permanent improvements, to or from the issuing authority, as  2,158        

provided in one or more lease or sublease agreements between the                

school or the state and the issuing authority;                     2,159        

      (9)  Any other or additional agreements with the holders of  2,161        

the obligations, or the trustee therefor, relating to the          2,162        

obligations or the security therefor, including in the case of     2,163        

                                                          51     

                                                                 
obligations issued to provide moneys for the school district       2,164        

facilities fund the assignment of security obtained or to be       2,165        

obtained for loans under section 3318.24 of the Revised Code.      2,166        

      (E)  The obligations may have the great seal of the state    2,168        

or a facsimile thereof affixed thereto or printed thereon.  The    2,169        

obligations and any coupons pertaining to obligations shall be     2,170        

signed or bear the facsimile signature of the issuing authority.   2,171        

Any obligations or coupons may be executed by the person who, on   2,172        

the date of execution, is the proper issuing authority although    2,173        

on the date of such bonds or coupons such person was not the       2,174        

issuing authority.  In case the issuing authority whose signature  2,175        

or a facsimile of whose signature appears on any such obligation   2,176        

or coupon ceases to be the issuing authority before delivery       2,177        

thereof, such signature or facsimile is nevertheless valid and     2,178        

sufficient for all purposes as if the issuing authority had        2,179        

remained the issuing authority until such delivery; and in case    2,181        

the seal to be affixed to obligations has been changed after a     2,182        

facsimile of the seal has been imprinted on such obligations,      2,183        

such facsimile seal shall continue to be sufficient as to such     2,184        

obligations and obligations issued in substitution or exchange     2,185        

therefor.                                                                       

      (F)  All obligations are negotiable instruments and          2,187        

securities under Chapter 1308. of the Revised Code, subject to     2,188        

the provisions of the bond proceedings as to registration.  The    2,189        

obligations may be issued in coupon or in registered form, or      2,190        

both, as the issuing authority determines.  Provision may be made  2,191        

for the registration of any obligations with coupons attached      2,192        

thereto as to principal alone or as to both principal and          2,193        

interest, their exchange for obligations so registered, and for    2,194        

the conversion or reconversion into obligations with coupons       2,195        

attached thereto of any obligations registered as to both          2,196        

principal and interest, and for reasonable charges for such        2,197        

registration, exchange, conversion, and reconversion.              2,198        

      (G)  Obligations may be sold at public sale or at private    2,200        

                                                          52     

                                                                 
sale, as determined in the bond proceedings.                       2,201        

      (H)  Pending preparation of definitive obligations, the      2,203        

issuing authority may issue interim receipts or certificates       2,204        

which shall be exchanged for such definitive obligations.          2,205        

      (I)  In the discretion of the issuing authority,             2,207        

obligations may be secured additionally by a trust agreement or    2,208        

indenture between the issuing authority and a corporate trustee    2,209        

which may be any trust company or bank having its principal place  2,210        

of business within the state.  Any such agreement or indenture     2,211        

may contain the resolution or order authorizing the issuance of    2,212        

the obligations, any provisions that may be contained in any bond  2,213        

proceedings, and other provisions that are customary or            2,214        

appropriate in an agreement or indenture of such type, including,  2,215        

but not limited to:                                                2,216        

      (1)  Maintenance of each pledge, trust agreement,            2,218        

indenture, or other instrument comprising part of the bond         2,219        

proceedings until the state has fully paid the bond service        2,220        

charges on the obligations secured thereby, or provision therefor  2,221        

has been made;                                                     2,222        

      (2)  In the event of default in any payments required to be  2,224        

made by the bond proceedings, or any other agreement of the        2,225        

issuing authority made as a part of the contract under which the   2,226        

obligations were issued, enforcement of such payments or           2,227        

agreement by mandamus, the appointment of a receiver, suit in      2,228        

equity, action at law, or any combination of the foregoing;        2,229        

      (3)  The rights and remedies of the holders of obligations   2,231        

and of the trustee, and provisions for protecting and enforcing    2,232        

them, including limitations on rights of individual holders of     2,233        

obligations;                                                       2,234        

      (4)  The replacement of any obligations that become          2,236        

mutilated or are destroyed, lost, or stolen;                       2,237        

      (5)  Such other provisions as the trustee and the issuing    2,239        

authority agree upon, including limitations, conditions, or        2,240        

qualifications relating to any of the foregoing.                   2,241        

                                                          53     

                                                                 
      (J)  Any holder of obligations or a trustee under the bond   2,243        

proceedings, except to the extent that the holder's or trustee's   2,245        

rights are restricted by the bond proceedings, may by any          2,246        

suitable form of legal proceedings, protect and enforce any        2,247        

rights under the laws of this state or granted by such bond        2,248        

proceedings.  Such rights include the right to compel the          2,249        

performance of all duties of the issuing authority, the state      2,250        

board of education COMMISSION, or the director of budget and       2,252        

management required by sections 3318.21 to 3318.29 of the Revised  2,253        

Code or the bond proceedings; to enjoin unlawful activities; and   2,254        

in the event of default with respect to the payment of any bond    2,255        

service charges on any obligations or in the performance of any    2,256        

covenant or agreement on the part of the issuing authority, the    2,257        

state board of education COMMISSION, or the director of budget     2,259        

and management in the bond proceedings, to apply to a court        2,260        

having jurisdiction of the cause to appoint a receiver to receive  2,261        

and administer the pledged receipts and special funds, other than  2,262        

those in the custody of the treasurer of state or the state board  2,263        

of education COMMISSION, which are pledged to the payment of the   2,264        

bond service charges on such obligations or which are the subject  2,265        

of the covenant or agreement, with full power to pay, and to       2,266        

provide for payment of bond service charges on, such obligations,  2,267        

and with such powers, subject to the direction of the court, as    2,268        

are accorded receivers in general equity cases, excluding any      2,269        

power to pledge additional revenues or receipts or other income    2,270        

or moneys of the issuing authority or the state or governmental    2,271        

agencies of the state to the payment of such principal and         2,272        

interest and excluding the power to take possession of, mortgage,  2,273        

or cause the sale or otherwise dispose of any permanent            2,274        

improvement.                                                       2,275        

      Each duty of the issuing authority and the issuing           2,277        

authority's officers and employees, and of each governmental       2,278        

agency and its officers, members, or employees, undertaken         2,279        

pursuant to the bond proceedings or any agreement or loan made     2,280        

                                                          54     

                                                                 
under authority of sections 3318.21 to 3318.29 of the Revised      2,281        

Code, and in every agreement by or with the issuing authority, is  2,282        

hereby established as a duty of the issuing authority, and of      2,283        

each such officer, member, or employee having authority to         2,284        

perform such duty, specifically enjoined by the law resulting      2,285        

from an office, trust, or station within the meaning of section    2,286        

2731.01 of the Revised Code.                                       2,287        

      The person who is at the time the issuing authority, or the  2,289        

issuing authority's officers or employees, are not liable in       2,290        

their personal capacities on any obligations issued by the         2,291        

issuing authority or any agreements of or with the issuing         2,292        

authority.                                                         2,293        

      (K)  The issuing authority may authorize and issue           2,295        

obligations for the refunding, including funding and retirement,   2,296        

and advance refunding with or without payment or redemption prior  2,297        

to maturity, of any obligations previously issued by the issuing   2,298        

authority.  Such obligations may be issued in amounts sufficient   2,299        

for payment of the principal amount of the prior obligations, any  2,300        

redemption premiums thereon, principal maturities of any such      2,301        

obligations maturing prior to the redemption of the remaining      2,302        

obligations on a parity therewith, interest accrued or to accrue   2,303        

to the maturity dates or dates of redemption of such obligations,  2,304        

and any allowable costs including expenses incurred or to be       2,305        

incurred in connection with such issuance and such refunding,      2,306        

funding, and retirement.  Subject to the bond proceedings          2,307        

therefor, the portion of proceeds of the sale of obligations       2,308        

issued under this division to be applied to bond service charges   2,309        

on the prior obligations shall be credited to an appropriate       2,310        

account held by the trustee for such prior or new obligations or   2,311        

to the appropriate account in the bond service fund for such       2,312        

obligations.  Obligations authorized under this division shall be  2,313        

deemed to be issued for those purposes for which such prior        2,314        

obligations were issued and are subject to the provisions of this  2,315        

section pertaining to other obligations, except as otherwise       2,316        

                                                          55     

                                                                 
provided in this section; provided that, unless otherwise          2,317        

authorized by the general assembly, any limitations imposed by     2,318        

the general assembly pursuant to this section with respect to      2,319        

bond service charges applicable to the prior obligations shall be  2,320        

applicable to the obligations issued under this division to        2,321        

refund, fund, advance refund or retire such prior obligations.     2,322        

      (L)  The authority to issue obligations under this section   2,324        

includes authority to refund or refinance any obligations          2,325        

previously issued by the state under sections 3318.21 to 3318.29   2,326        

of the Revised Code.                                               2,327        

      The authority to issue obligations under this section also   2,329        

includes authority to issue obligations in the form of bond        2,330        

anticipation notes and to renew the same from time to time by the  2,331        

issuance of new notes.  The holders of such notes or interest      2,332        

coupons pertaining thereto shall have a right to be paid solely    2,333        

from the pledged receipts and special funds that may be pledged    2,334        

to the payment of the bonds anticipated, or from the proceeds of   2,335        

such bonds or renewal notes, or both, as the issuing authority     2,336        

provides in the resolution or order authorizing such notes.  Such  2,337        

notes may be additionally secured by covenants of the issuing      2,338        

authority to the effect that the issuing authority and the state   2,339        

will do such or all things necessary for the issuance of such      2,340        

bonds or renewal notes in appropriate amount, and apply the        2,341        

proceeds thereof to the extent necessary, to make full payment of  2,342        

the principal of and interest on such notes at the time or times   2,343        

contemplated, as provided in such resolution or order.  For such   2,344        

purpose, the issuing authority may issue bonds or renewal notes    2,345        

in such principal amount and upon such terms as may be necessary   2,346        

to provide funds to pay when required the principal of and         2,347        

interest on such notes, notwithstanding any limitations            2,348        

prescribed by or for purposes of this section.  Subject to this    2,349        

division, all provisions for and references to obligations in      2,350        

this section are applicable to notes authorized under this         2,351        

division.                                                          2,352        

                                                          56     

                                                                 
      The issuing authority in the bond proceedings authorizing    2,354        

the issuance of bond anticipation notes shall set forth for such   2,355        

bonds an estimated interest rate and a schedule of principal       2,356        

payments for such bonds and the annual maturity dates thereof,     2,357        

and for purposes of any limitation on bond service charges         2,358        

prescribed under section 3318.29 of the Revised Code, the amount   2,359        

of bond service charges on such bond anticipation notes shall be   2,360        

deemed to be the bond service charges for the bonds anticipated    2,361        

thereby as set forth in the bond proceedings applicable to such    2,362        

notes, but this provision does not modify any authority in this    2,363        

section to pledge pledged receipts and special funds to, and       2,364        

covenant to issue bonds to fund, the payment of principal of and   2,365        

interest and any premium on such notes.                            2,366        

      (M)  Obligations issued under this section are lawful        2,368        

investments for banks, societies for savings, savings and loan     2,369        

associations, deposit guarantee associations, trust companies,     2,370        

trustees, fiduciaries, insurance companies, including domestic     2,371        

for life and domestic not for life, trustees or other officers     2,372        

having charge of sinking and bond retirement or other special      2,373        

funds of political subdivisions and taxing districts of this       2,374        

state, the commissioners of the sinking fund of the state, the     2,375        

administrator of workers' compensation, the state teachers         2,377        

retirement system, the public employees retirement system, the     2,378        

school employees retirement system, and the police and firemen's   2,379        

disability and pension fund, notwithstanding any other provisions  2,380        

of the Revised Code or rules adopted pursuant thereto by any       2,381        

governmental agency of the state with respect to investments by    2,382        

them, and also are acceptable as security for the deposit of       2,383        

public moneys.                                                                  

      (N)  Unless otherwise provided in any applicable bond        2,385        

proceedings, moneys to the credit of or in the special funds       2,386        

established by or pursuant to this section may be invested by or   2,387        

on behalf of the issuing authority only in notes, bonds, or other  2,388        

obligations of the United States, or of any agency or              2,389        

                                                          57     

                                                                 
instrumentality of the United States, obligations guaranteed as    2,391        

to principal and interest by the United States, obligations of     2,392        

this state or any political subdivision of this state, and         2,393        

certificates of deposit of any national bank located in this       2,395        

state and any bank, as defined in section 1101.01 of the Revised   2,396        

Code, subject to inspection by the superintendent of financial     2,397        

institutions.  If the law or the instrument creating a trust       2,399        

pursuant to division (I) of this section expressly permits         2,400        

investment in direct obligations of the United States or an        2,401        

agency of the United States, unless expressly prohibited by the    2,402        

instrument, such moneys also may be invested in no front end load  2,403        

money market mutual funds consisting exclusively of obligations    2,404        

of the United States or an agency of the United States and in      2,405        

repurchase agreements, including those issued by the fiduciary     2,406        

itself, secured by obligations of the United States or an agency   2,407        

of the United States; and in collective investment funds           2,408        

established in accordance with section 1111.14 of the Revised      2,410        

Code and consisting exclusively of any such securities,            2,411        

notwithstanding division (A)(1)(c) of that section.  The income    2,413        

from such investments shall be credited to such funds as the       2,415        

issuing authority determines, and such investments may be sold at  2,416        

such times as the issuing authority determines or authorizes.      2,417        

      (O)  Provision may be made in the applicable bond            2,419        

proceedings for the establishment of separate accounts in the      2,420        

bond service fund and for the application of such accounts only    2,421        

to the specified bond service charges on obligations pertinent to  2,422        

such accounts and bond service fund and for other accounts         2,423        

therein within the general purposes of such fund.  Unless          2,424        

otherwise provided in any applicable bond proceedings, moneys to   2,425        

the credit of or in the several special funds established          2,426        

pursuant to this section shall be disbursed on the order of the    2,427        

treasurer of state, provided that no such order is required for    2,428        

the payment from the bond service fund when due of bond service    2,429        

charges on obligations.                                            2,430        

                                                          58     

                                                                 
      (P)  The issuing authority may pledge all, or such portion   2,432        

as the issuing authority determines, of the pledged receipts to    2,433        

the payment of bond service charges on obligations issued under    2,434        

this section, and for the establishment and maintenance of any     2,435        

reserves, as provided in the bond proceedings, and make other      2,436        

provisions therein with respect to pledged receipts as authorized  2,437        

by this chapter, which provisions shall be controlling             2,438        

notwithstanding any other provisions of law pertaining thereto.    2,439        

      (Q)  The issuing authority may covenant in the bond          2,441        

proceedings, and any such covenants shall be controlling           2,442        

notwithstanding any other provision of law, that the state and     2,443        

applicable officers and governmental agencies of the state,        2,444        

including the general assembly, so long as any obligations are     2,446        

outstanding, shall:                                                             

      (1)  Maintain statutory authority for and cause to be        2,448        

operated the state lottery, including the transfers to and from    2,449        

the lottery profits education fund created in section 3770.06 of   2,450        

the Revised Code so that the pledged receipts shall be sufficient  2,451        

in amount to meet bond service charges, and the establishment and  2,452        

maintenance of any reserves and other requirements provided for    2,453        

in the bond proceedings;                                           2,454        

      (2)  Take or permit no action, by statute or otherwise,      2,456        

that would impair the exclusion from gross income for federal      2,457        

income tax purposes of the interest on any obligations designated  2,458        

by the bond proceeding as tax-exempt obligations.                  2,459        

      (R)  There is hereby created the school building program     2,461        

bond service fund, which shall be in the custody of the treasurer  2,462        

of state but shall be separate and apart from and not a part of    2,463        

the state treasury.  All moneys received by or on account of the   2,464        

issuing authority or state agencies and required by the            2,465        

applicable bond proceedings, consistent with this section, to be   2,466        

deposited, transferred, or credited to the school building         2,467        

program bond service fund, and all other moneys transferred or     2,468        

allocated to or received for the purposes of the fund, shall be    2,469        

                                                          59     

                                                                 
deposited and credited to such fund and to any separate accounts   2,470        

therein, subject to applicable provisions of the bond              2,471        

proceedings, but without necessity for any act of appropriation,   2,472        

except as required by section 3770.06 of the Revised Code.         2,473        

During the period beginning with the date of the first issuance    2,474        

of obligations and continuing during such time as any such         2,475        

obligations are outstanding, and so long as moneys in the school   2,476        

building program bond service fund are insufficient to pay all     2,477        

bond service charges on such obligations becoming due in each      2,478        

year, a sufficient amount of the moneys from the lottery profits   2,479        

education fund included in pledged receipts, subject to            2,480        

appropriation for such purpose as provided in section 3770.06 of   2,481        

the Revised Code, are committed and shall be paid to the school    2,482        

building program bond service fund in each year for the purpose    2,483        

of paying the bond service charges becoming due in that year.      2,484        

The school building program bond service fund is a trust fund and  2,485        

is hereby pledged to the payment of bond service charges solely    2,486        

on obligations issued to provide moneys for the school building    2,487        

program assistance fund to the extent provided in the applicable   2,488        

bond proceedings, and payment thereof from such fund shall be      2,489        

made or provided for by the treasurer of state in accordance with  2,490        

such bond proceedings without necessity for any act of             2,491        

appropriation except as required by section 3770.06 of the         2,492        

Revised Code.                                                      2,493        

      (S)  There is hereby created the school facilities bond      2,495        

service fund, which shall be in the custody of the treasurer of    2,496        

state but shall be separate and apart from and not a part of the   2,497        

state treasury.  All moneys received by or on account of the       2,498        

issuing authority or state agencies and required by the            2,499        

applicable bond proceedings, consistent with this section, to be   2,500        

deposited, transferred, or credited to the school facilities bond  2,501        

service fund, and all other moneys transferred or allocated to or  2,502        

received for the purposes of the fund, shall be deposited and      2,503        

credited to such fund and to any separate accounts therein,        2,504        

                                                          60     

                                                                 
subject to applicable provisions of the bond proceedings, but      2,505        

without necessity for any act of appropriation.  During the        2,506        

period beginning with the date of the first issuance of            2,507        

obligations and continuing during such time as any such            2,508        

obligations are outstanding, and so long as moneys in the school   2,509        

facilities bond service fund are insufficient to pay all bond      2,510        

service charges on such obligations becoming due in each year, a   2,511        

sufficient amount of the moneys from the public school building    2,512        

fund included in pledged receipts are committed and shall be paid  2,513        

to the bond service fund in each year for the purpose of paying    2,514        

the bond service charges becoming due in that year.  The school    2,515        

facilities bond service fund is a trust fund and is hereby         2,516        

pledged to the payment of bond service charges on obligations      2,517        

issued to provide moneys for the school districts facilities fund  2,518        

to the extent provided in the applicable bond proceedings, and     2,519        

payment thereof from such fund shall be made or provided for by    2,520        

the treasurer of state in accordance with such bond proceedings    2,521        

without necessity for any act or appropriation.                    2,522        

      (T)  The obligations, the transfer thereof, and the income   2,524        

therefrom, including any profit made on the sale thereof, at all   2,526        

times shall be free from taxation within the state.                             

      Sec. 3318.27.  There shall be credited to the school         2,535        

facilities bond service fund the moneys received by the state      2,536        

from the repayment of loans, including interest thereon, made      2,537        

from the school districts facilities fund with moneys derived      2,538        

from the proceeds of the sale of obligations under section         2,539        

3318.26 of the Revised Code.  Such moneys shall be applied as      2,540        

provided in sections 3318.21 to 3318.29 of the Revised Code.       2,541        

Accounts may be established by the state board of education OHIO   2,543        

SCHOOL FACILITIES COMMISSION in the school districts facilities    2,544        

fund for particular projects or otherwise.  Income from the        2,545        

investment of moneys in the school districts facilities fund       2,546        

shall be credited to that fund and, as may be provided in bond     2,547        

proceedings, to particular accounts therein.  The treasurer of     2,548        

                                                          61     

                                                                 
state may withdraw from the school districts facilities fund or    2,549        

the school building program assistance fund, or, subject to        2,550        

provisions of the applicable bond proceedings, from any special    2,551        

funds established pursuant to the bond proceedings, or from any    2,552        

accounts in such funds, any amounts of investment income required  2,553        

to be rebated and paid to the federal government in order to       2,554        

maintain the exemption from federal income taxation of interest    2,555        

on obligations issued under sections 3318.21 to 3318.29 of the     2,556        

Revised Code, which withdrawal and payment may be made without     2,557        

necessity for appropriation.                                                    

      Sec. 3318.29.  The maximum maturity of any obligations       2,566        

issued pursuant to section 3318.26 of the Revised Code to provide  2,567        

moneys for the school building program assistance fund shall be    2,568        

ten years.  The terms of the obligations shall be such that in     2,569        

any fiscal year the aggregate amount of moneys from the lottery    2,570        

profits education fund, and not from other sources, that are       2,571        

pledged to pay bond service charges on obligations issued to       2,572        

provide moneys for the school building program assistance fund     2,573        

shall not exceed ten million dollars.                              2,574        

      As used in this section, "other sources" includes the        2,576        

annual investment income on special funds to the extent the        2,577        

income will be available for payment of any bond service charges   2,578        

in lieu of use of moneys from the lottery profits education fund.  2,579        

The annual investment income shall be estimated on the basis of    2,580        

the expected funding of those special funds and assumed            2,581        

investment earnings thereon at a rate equal to the weighted        2,582        

average yield on investments of those special funds determined as  2,583        

of any date within sixty days immediately preceding the date of    2,584        

issuance of the bonds in respect of which the determination is     2,585        

being made.                                                        2,586        

      The determinations required by this section shall be made    2,588        

by the treasurer of state at the time of issuance of an issue of   2,589        

obligations and shall be conclusive for purposes of such issuance  2,590        

of obligations from and after their issuance and delivery.         2,591        

                                                          62     

                                                                 
      The maximum maturity of obligations issued pursuant to       2,593        

section 3318.26 of the Revised Code to provide moneys for the      2,594        

school district facilities fund shall not exceed the maximum       2,595        

maturity of the loan made from such fund pursuant to section       2,596        

3318.24 of the Revised Code utilizing the proceeds of such         2,597        

obligations or ten years, whichever is less.  The terms of the     2,598        

obligations shall be such that in any fiscal year the aggregate    2,599        

amount of moneys from the public school building fund that are     2,600        

pledged to pay bond service charges on obligations issued to       2,601        

provide moneys for the school districts facilities fund shall not  2,602        

exceed an amount which shall be established by the state board of  2,603        

education OHIO SCHOOL FACILITIES COMMISSION.                       2,604        

      Sec. 3318.30.  (A)  THERE IS HEREBY CREATED THE OHIO SCHOOL  2,607        

FACILITIES COMMISSION.  THE COMMISSION SHALL ADMINISTER THE        2,608        

PROVISION OF FINANCIAL ASSISTANCE TO SCHOOL DISTRICTS FOR THE      2,609        

ACQUISITION OR CONSTRUCTION OF CLASSROOM FACILITIES IN ACCORDANCE  2,610        

WITH SECTIONS 3318.01 TO 3318.31 OF THE REVISED CODE.              2,612        

      THE COMMISSION IS A BODY CORPORATE AND POLITIC, AN AGENCY    2,614        

OF STATE GOVERNMENT AND AN INSTRUMENTALITY OF THE STATE,           2,615        

PERFORMING ESSENTIAL GOVERNMENTAL FUNCTIONS OF THIS STATE.  THE    2,616        

CARRYING OUT OF THE PURPOSES AND THE EXERCISE BY THE COMMISSION    2,617        

OF ITS POWERS CONFERRED BY SECTIONS 3318.01 TO 3318.31 OF THE      2,619        

REVISED CODE ARE ESSENTIAL PUBLIC FUNCTIONS AND PUBLIC PURPOSES    2,620        

OF THE STATE.  THE COMMISSION MAY, IN ITS OWN NAME, SUE AND BE     2,621        

SUED, ENTER INTO CONTRACTS, AND PERFORM ALL THE POWERS AND DUTIES  2,622        

GIVEN TO IT BY SECTIONS 3318.01 TO 3318.31 OF THE REVISED CODE     2,624        

BUT IT DOES NOT HAVE AND SHALL NOT EXERCISE THE POWER OF EMINENT   2,625        

DOMAIN.                                                                         

      (B)  THE COMMISSION SHALL CONSIST OF FIVE MEMBERS, THREE OF  2,628        

WHOM ARE VOTING MEMBERS.  THE VOTING MEMBERS OF THE COMMISSION     2,629        

SHALL BE THE DIRECTOR OF THE OFFICE OF BUDGET AND MANAGEMENT, THE  2,630        

DIRECTOR OF ADMINISTRATIVE SERVICES, AND THE SUPERINTENDENT OF     2,631        

PUBLIC INSTRUCTION, OR THEIR DESIGNEES.  OF THE NONVOTING          2,632        

MEMBERS, ONE SHALL BE A MEMBER OF THE SENATE APPOINTED BY THE      2,633        

                                                          63     

                                                                 
PRESIDENT OF THE SENATE AND ONE SHALL BE A MEMBER OF THE HOUSE OF  2,634        

REPRESENTATIVES APPOINTED BY THE SPEAKER OF THE HOUSE.             2,635        

      NONVOTING MEMBERS SHALL SERVE AS MEMBERS OF THE COMMISSION   2,637        

DURING THE LEGISLATIVE BIENNIUM FOR WHICH THEY ARE APPOINTED,      2,638        

EXCEPT THAT ANY SUCH MEMBER WHO CEASES TO BE A MEMBER OF THE       2,639        

LEGISLATIVE HOUSE FROM WHICH THE MEMBER WAS APPOINTED SHALL CEASE  2,641        

TO BE A MEMBER OF THE COMMISSION.  EACH NONVOTING MEMBER SHALL BE  2,642        

APPOINTED WITHIN THIRTY-ONE DAYS OF THE END OF THE TERM OF THAT    2,643        

MEMBER'S PREDECESSOR.  SUCH MEMBERS MAY BE REAPPOINTED.                         

VACANCIES OF NONVOTING MEMBERS SHALL BE FILLED IN THE MANNER       2,644        

PROVIDED FOR ORIGINAL APPOINTMENTS.                                2,645        

      MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT COMPENSATION.  2,648        

      AFTER THE INITIAL NONVOTING MEMBERS OF THE COMMISSION HAVE   2,650        

BEEN APPOINTED, THE COMMISSION SHALL MEET AND ORGANIZE BY          2,651        

ELECTING VOTING MEMBERS AS THE CHAIRPERSON AND VICE-CHAIRPERSON    2,652        

OF THE COMMISSION, WHO SHALL HOLD THEIR OFFICES UNTIL THE NEXT     2,654        

ORGANIZATIONAL MEETING OF THE COMMISSION.  ORGANIZATIONAL          2,655        

MEETINGS OF THE COMMISSION SHALL BE HELD AT THE FIRST MEETING OF   2,656        

EACH CALENDAR YEAR.  AT EACH ORGANIZATIONAL MEETING, THE           2,657        

COMMISSION SHALL ELECT FROM AMONG ITS VOTING MEMBERS A             2,658        

CHAIRPERSON AND VICE-CHAIRPERSON, WHO SHALL SERVE UNTIL THE NEXT                

ANNUAL ORGANIZATIONAL MEETING.  THE COMMISSION SHALL ADOPT RULES   2,660        

PURSUANT TO SECTION 111.15 OF THE REVISED CODE FOR THE CONDUCT OF  2,662        

ITS INTERNAL BUSINESS AND SHALL KEEP A JOURNAL OF ITS              2,663        

PROCEEDINGS.  INCLUDING THE ORGANIZATIONAL MEETING, THE            2,664        

COMMISSION SHALL MEET AT LEAST ONCE EACH CALENDAR QUARTER.         2,665        

      TWO VOTING MEMBERS OF THE COMMISSION CONSTITUTE A QUORUM,    2,667        

AND THE AFFIRMATIVE VOTE OF TWO MEMBERS IS NECESSARY FOR APPROVAL  2,669        

OF ANY ACTION TAKEN BY THE COMMISSION.  A VACANCY IN THE           2,670        

MEMBERSHIP OF THE COMMISSION DOES NOT IMPAIR A QUORUM FROM                      

EXERCISING ALL THE RIGHTS AND PERFORMING ALL THE DUTIES OF THE     2,671        

COMMISSION.  MEETINGS OF THE COMMISSION MAY BE HELD ANYWHERE IN    2,672        

THE STATE, AND SHALL BE HELD IN COMPLIANCE WITH SECTION 121.22 OF  2,674        

THE REVISED CODE.                                                               

                                                          64     

                                                                 
      (C)  THE COMMISSION SHALL FILE AN ANNUAL REPORT OF ITS       2,677        

ACTIVITIES AND FINANCES WITH THE GOVERNOR, SPEAKER OF THE HOUSE    2,678        

OF REPRESENTATIVES, PRESIDENT OF THE SENATE, AND CHAIRPERSONS OF   2,679        

THE HOUSE AND SENATE FINANCE COMMITTEES.                           2,680        

      (D)  THE COMMISSION SHALL BE EXEMPT FROM THE REQUIREMENTS    2,683        

OF SECTIONS 101.82, 101.84, AND 101.86 OF THE REVISED CODE.        2,684        

      Sec. 3318.31.  THE OHIO SCHOOL FACILITIES COMMISSION MAY     2,688        

PERFORM ANY ACT AND ENSURE THE PERFORMANCE OF ANY FUNCTION         2,689        

NECESSARY OR APPROPRIATE TO CARRY OUT THE PURPOSES OF, AND         2,690        

EXERCISE THE POWERS GRANTED UNDER, SECTIONS 3318.01 TO 3318.31 OF  2,691        

THE REVISED CODE, INCLUDING ANY OF THE FOLLOWING:                  2,692        

      (A)  EMPLOY AND FIX THE COMPENSATION OF SUCH EMPLOYEES AS    2,696        

WILL FACILITATE THE ACTIVITIES AND PURPOSES OF THE COMMISSION,     2,697        

AND WHO SHALL SERVE AT THE PLEASURE OF THE COMMISSION.                          

      (B)  ADOPT, AMEND, AND RESCIND, PURSUANT TO SECTION 111.15   2,700        

OF THE REVISED CODE, RULES FOR THE ADMINISTRATION OF SECTIONS      2,702        

3318.01 TO 3318.31 OF THE REVISED CODE.                            2,703        

      (C)  CONTRACT WITH, RETAIN THE SERVICES OF, OR DESIGNATE,    2,706        

AND FIX THE COMPENSATION OF, SUCH AGENTS, ACCOUNTANTS, ATTORNEYS,  2,707        

CONSULTANTS, ADVISERS, AND OTHER INDEPENDENT CONTRACTORS AS MAY    2,708        

BE NECESSARY OR DESIRABLE TO CARRY OUT THE PURPOSES OF SECTIONS    2,709        

3318.01 TO 3318.31 OF THE REVISED CODE.                            2,710        

      (D)  RECEIVE AND ACCEPT ANY GIFTS, GRANTS, DONATIONS, AND    2,713        

PLEDGES, AND RECEIPTS THEREFROM, TO BE USED FOR THE PURPOSES OF    2,714        

SECTIONS 3318.01 TO 3318.31 OF THE REVISED CODE.                   2,715        

      (E)  MAKE AND ENTER INTO ALL CONTRACTS, COMMITMENTS, AND     2,718        

AGREEMENTS, AND EXECUTE ALL INSTRUMENTS, NECESSARY OR INCIDENTAL   2,719        

TO THE PERFORMANCE OF ITS DUTIES AND THE EXECUTION OF ITS RIGHTS   2,720        

AND POWERS UNDER SECTIONS 3318.01 TO 3318.31 OF THE REVISED CODE.  2,722        

      Sec. 3318.35.  (A)  AS USED IN THIS SECTION, "OHIO SCHOOL    2,726        

FACILITIES COMMISSION" HAS THE SAME MEANING AS IN SECTION 3318.01  2,727        

OF THE REVISED CODE.                                                            

      (B)  THE OHIO SCHOOL FACILITIES COMMISSION SHALL ESTABLISH   2,731        

AND ADMINISTER THE EMERGENCY SCHOOL BUILDING REPAIR PROGRAM.       2,732        

                                                          65     

                                                                 
UNDER THE PROGRAM, THE COMMISSION SHALL DISTRIBUTE MONEYS          2,733        

APPROPRIATED BY THE GENERAL ASSEMBLY FOR SUCH PURPOSE TO SCHOOL    2,734        

DISTRICTS BEGINNING WITH THOSE DISTRICTS WITH AN ADJUSTED PER      2,735        

PUPIL VALUATION LESS THAN THE THRESHOLD VALUATION DEFINED IN       2,736        

SECTION 3317.0213 OF THE REVISED CODE.  THE COMMISSION SHALL       2,737        

DETERMINE THE NECESSITY OF EMERGENCY REPAIRS BASED ON AN ON-SITE   2,738        

INSPECTION OF THE SCHOOL BUILDINGS IN A SCHOOL DISTRICT.  ANY      2,739        

SCHOOL DISTRICT THAT RECEIVES MONEYS UNDER THIS SECTION SHALL      2,740        

EXPEND THEM ONLY TO REPAIR THE FOLLOWING:                          2,741        

      (1)  HEATING SYSTEMS;                                        2,743        

      (2)  FLOORS, ROOFS, AND EXTERIOR DOORS;                      2,745        

      (3)  AIR DUCTS AND OTHER AIR VENTILATION DEVICES;            2,748        

      (4)  EMERGENCY EXIT OR EGRESS PASSAGEWAY LIGHTING;           2,750        

      (5)  FIRE ALARM SYSTEMS;                                     2,752        

      (6)  HANDICAPPED ACCESS NEEDS;                               2,754        

      (7)  SEWAGE SYSTEMS;                                         2,756        

      (8)  WATER SUPPLIES;                                         2,758        

      (9)  ASBESTOS REMOVAL; AND                                   2,760        

      (10)  ANY OTHER REPAIRS TO A SCHOOL BUILDING THAT MEET THE   2,763        

REQUIREMENTS OF THE LIFE SAFETY CODE, AS INTERPRETED BY THE        2,764        

COMMISSION.                                                                     

      (C)  NO MONEYS FOR EMERGENCY SCHOOL BUILDING REPAIR UNDER    2,767        

THIS SECTION SHALL BE DISTRIBUTED TO A SCHOOL DISTRICT TO REPAIR   2,768        

A SCHOOL BUILDING THAT THE COMMISSION REASONABLY BELIEVES WILL BE  2,769        

SUBSTANTIALLY REPLACED WITHIN THE NEXT SEVEN FISCAL YEARS          2,770        

PURSUANT TO SECTIONS 3318.01 TO 3318.31 OF THE REVISED CODE.       2,772        

      (D)  AFTER RECEIPT OF MONEYS FROM THE EMERGENCY SCHOOL       2,775        

BUILDING REPAIR PROGRAM, NO SCHOOL DISTRICT SHALL BE ELIGIBLE TO   2,776        

RECEIVE ADDITIONAL MONEYS FROM THE PROGRAM FOR THE FOLLOWING FIVE  2,777        

FISCAL YEARS UNLESS A SCHOOL BUILDING IN THAT DISTRICT IS DAMAGED  2,778        

DUE TO AN ACT OF GOD THAT COULD NOT HAVE BEEN PREVENTED BY         2,780        

REASONABLE MAINTENANCE OF THAT BUILDING.                                        

      Sec. 4115.04.  Every public authority authorized to          2,789        

contract for or construct with its own forces a public             2,790        

                                                          66     

                                                                 
improvement, before advertising for bids or undertaking such       2,791        

construction with its own forces, shall have the bureau of         2,792        

employment services determine the prevailing rates of wages of     2,793        

mechanics and laborers in accordance with section 4115.05 of the   2,794        

Revised Code for the class of work called for by the public        2,795        

improvement, in the locality where the work is to be performed.    2,796        

Such schedule of wages shall be attached to and made part of the   2,797        

specifications for the work, and shall be printed on the bidding   2,798        

blanks where the work is done by contract.  A copy of the bidding  2,799        

blank shall be filed with the bureau before such contract is       2,800        

awarded.  A minimum rate of wages for common laborers, on work     2,802        

coming under the jurisdiction of the department of                 2,803        

transportation, shall be fixed in each county of the state by      2,804        

said department of transportation, in accordance with section      2,805        

4115.05 of the Revised Code.                                                    

      Sections 4115.03 to 4115.16 of the Revised Code do not       2,807        

apply to:                                                                       

      (A)  Public improvements in any case where the federal       2,809        

government or any of its agencies furnishes by loan or grant all   2,811        

or any part of the funds used in constructing such improvements,   2,812        

provided the federal government or any of its agencies prescribes  2,813        

predetermined minimum wages to be paid to mechanics and laborers   2,814        

employed in the construction of such improvements;                 2,815        

      (B)  A participant of the subsidized employment program      2,817        

established under section 5101.82 of the Revised Code or the work  2,818        

experience program established under section 5101.83 of the        2,819        

Revised Code when a public authority directly uses the labor of    2,821        

the participant to construct a public improvement;                              

      (C)  PUBLIC IMPROVEMENTS UNDERTAKEN BY, OR UNDER CONTRACT    2,823        

FOR, THE BOARD OF EDUCATION OF ANY SCHOOL DISTRICT OR THE          2,824        

GOVERNING BOARD OF ANY EDUCATIONAL SERVICE CENTER.                 2,825        

      Section 2.  That existing sections 133.06, 3313.372,         2,827        

3318.01, 3318.011, 3318.02, 3318.03, 3318.04, 3318.05, 3318.051,   2,829        

3318.06, 3318.07, 3318.08, 3318.081, 3318.091, 3318.10, 3318.111,  2,830        

                                                          67     

                                                                 
3318.12, 3318.13, 3318.14, 3318.15, 3318.16, 3318.17, 3318.18,     2,831        

3318.19, 3318.22, 3318.23, 3318.24, 3318.25, 3318.26, 3318.27,     2,832        

3318.29, and 4115.04 of the Revised Code are hereby repealed.      2,833        

      Section 3.  All personnel, equipment, materials, assets,     2,835        

liabilities, and records of the Department of Education,           2,836        

irrespective of form or medium, deemed necessary by the Ohio       2,837        

School Facilities Commission to implement the provisions of        2,838        

Chapter 3318. of the Revised Code shall be transferred to the      2,839        

Commission not later than one hundred twenty days after the        2,840        

effective date of this section, in accordance with a transition                 

plan which shall be developed and appproved by the Commission in   2,841        

consultation with the Department.                                  2,842        

      All appropriations, encumbrances, and funds of the           2,844        

Department, including the Public School Building Fund (Fund 021)   2,845        

and the School Building Assistance Fund (Fund 032), deemed         2,846        

necessary by the Commission to implement the provisions of         2,847        

Chapter 3318. of the Revised Code, shall be transferred to the     2,848        

Commission not later than one hundred twenty days after the        2,849        

effective date of this section in accordance with the transition   2,850        

plan.                                                                           

      Any business commenced but not completed by the Department   2,852        

on the effective date of this section relating to the              2,853        

implementation of Chapter 3318. of the Revised Code and the        2,854        

functions transferred by this act shall continue to be             2,855        

administered by the Department for a period of one hundred twenty  2,857        

days after the effective date of this section or until the         2,858        

transition plan described in this section is approved by the Ohio  2,859        

School Facilities Commission, whichever occurs first.                           

      The Department shall provide the Commission whatever         2,861        

administrative assistance the Commission requires during the       2,862        

period of transition, which assistance shall be specified in the   2,863        

transition plan described in this section.                         2,864        

      Wherever any law, contract, or other document refers to the  2,866        

Department, the State Board of Education, or the Superintendent    2,867        

                                                          68     

                                                                 
of Public Instruction in regard to the implementation or           2,868        

administration of Chapter 3318. of the Revised Code, the           2,869        

references shall be deemed to refer to the Commission or the       2,870        

Director of the Commission.  No action or proceeding pending on    2,871        

the effective date of this act relating to the implementation or   2,872        

administration of Chapter 3318. of the Revised Code is affected    2,873        

by the transfer.  In all such actions and proceedings, the         2,874        

Commission or the Director shall be substituted as a party upon    2,875        

application by the receiving entity to the court or other          2,876        

appropriate tribunal.                                              2,877        

      Section 4.  School building assistance projects proposed to  2,879        

be funded pursuant to Chapter 3318. of the Revised Code that were  2,881        

on a list approved by the State Board of Education as of January   2,882        

1993, but which projects had not yet obtained voter approval by    2,883        

September 17, 1996, shall be subject to all provisions of Chapter  2,884        

3318. of the Revised Code in effect prior to September 17, 1996,   2,885        

except that the provisions of division (B) of section 3318.05 of   2,886        

the Revised Code, as that section existed after September 17,      2,887        

1996, shall apply to those projects with respect to the            2,888        

disposition of the half mill levy required by that section.        2,889        

      Section 5.  SFC  SCHOOL FACILITIES COMMISSION                2,891        

General Revenue Fund                                               2,893        

GRF 230-428 Lease Rental Payments $   21,780,000 $   36,030,000    2,897        

TOTAL GRF General Revenue Fund    $   21,780,000 $   36,030,000    2,899        

State Special Revenue Fund                                         2,902        

5E3 230-644 Operating Expenses    $    2,000,000 $    2,400,000    2,907        

Total SSR State Special Revenue   $    2,000,000 $    2,400,000    2,911        

   Fund Group                                                                   

TOTAL ALL BUDGET FUND GROUPS      $   23,780,000 $   38,430,000    2,914        

      Operating Expenses                                           2,917        

      The foregoing appropriation item 230-644, Operating          2,919        

Expenses, shall be used by the Ohio School Facilities Commission   2,920        

to carry out its responsibilities pursuant to this section and     2,921        

Chapter 3318. of the Revised Code.                                 2,922        

                                                          69     

                                                                 
      There is hereby created in the state treasury the Ohio       2,924        

School Facilities Commission Fund (Fund 5E3).  The fund shall      2,925        

consist of transfers of moneys authorized by the General           2,926        

Assembly, grants and other revenues described in division (D) of   2,927        

section 3318.31 of the Revised Code, and investment earnings of    2,928        

the fund.  Moneys credited to the fund may be used by the          2,929        

commission for staffing and other administrative expenses, to      2,930        

conduct evaluations of school facilities, to prepare building      2,931        

design specifications, to provide project management services,     2,932        

and for any other purposes deemed necessary by the commission      2,933        

consistent with Chapter 3318. of the Revised Code.                 2,934        

      Within 10 days of the effective date of this section, the    2,936        

Director of Budget and Management shall transfer $2,000,000 by     2,937        

intrastate transfer voucher from the School Facilities             2,938        

Commission's appropriation item 230-428, Lease Rental Payments,    2,939        

to the Ohio School Facilities Commission Fund (Fund 5E3).  In      2,940        

fiscal year 1999, by July 10, 1998, the Director of Budget and     2,941        

Management shall transfer $2,400,000 by intrastate transfer                     

voucher from the School Facilities Commission's line item 230-428  2,942        

Lease Rental Payments to the Ohio School Facilities Commission     2,943        

Fund (Fund 5E3).  Investment earnings to the School Building       2,944        

Assistance Fund (Fund 032) in excess of the amounts required to    2,945        

meet estimated federal arbitrage rebate requirements may be        2,946        

transferred at the request of the Ohio School Facilities                        

Commission by the Director of Budget and Management to the Ohio    2,947        

School Facilities Commission Fund (Fund 5E3).  Investment          2,948        

earnings to the Public School Building Fund (Fund 021) and         2,949        

repayments to the Public School Building Fund (Fund 021) made                   

pursuant to Chapter 3318. of the Revised Code may be tranferred    2,950        

at the request of the Ohio School Facilities Commission by the     2,951        

Director of Budget and Management to the Ohio School Facilities    2,952        

Commission Fund (Fund 5E3).                                                     

      Lease Rental Payments                                        2,954        

      After the transfers described in this section under the      2,956        

                                                          70     

                                                                 
heading, "Operating Expenses" are made, the remaining              2,957        

appropriation shall be used by the School Facilities Commission    2,958        

to meet all payments at the times required to be made during the   2,960        

period from July 1, 1997, to June 30, 1999, to pay bond service    2,961        

charges on obligations issued pursuant to Chapter 3318. of the     2,962        

Revised Code.                                                                   

      Section 6.  Debt Service Appropriations                      2,964        

      General revenue appropriations to the School Facilities      2,966        

Commission include $21,780,000 in fiscal year 1998 and             2,967        

$36,030,000 in fiscal year 1999 for appropriation item 230-428,    2,969        

Lease Rental Payments.                                                          

      Of the $699,417,200 in fiscal year 1998 and $702,623,028 in  2,971        

fiscal year 1999 that is estimated to be transferred from the      2,972        

State Lottery Fund to the Lottery Profits Education Fund, up to    2,973        

$21,280,000 in fiscal year 1998 and $31,530,000 in fiscal year     2,974        

1999 shall first be transferred from the Lottery Profits           2,976        

Education Fund to the General Revenue Fund for reimbursement of    2,977        

funds spent under appropriation item 230-428, Lease Rental         2,978        

Payments.  These funds shall then be transferred by the Director   2,979        

of Budget and Management to the School Building Program Bond       2,980        

Service Fund pursuant to section 3770.06 of the Revised Code.      2,981        

      Section 7.  All items set forth in this section are hereby   2,983        

appropriated out of any moneys in the state treasury to the        2,984        

credit of the School Building Program Assistance Fund (Fund 032).  2,986        

Revenues to the School Building Program Assistance Fund shall      2,987        

consist of proceeds of obligations authorized to pay costs of      2,988        

capital facilities as defined in section 3318.21 of the Revised    2,989        

Code.                                                                           

                                                   Appropriations  2,991        

                SFC  SCHOOL FACILITIES COMMISSION                  2,992        

CAP-737  School Building Program Assistance     $  300,000,000     2,996        

Total School Facilities Commission              $  300,000,000     2,998        

      School Building Assistance                                   3,001        

      Of the foregoing appropriation item CAP-737, School          3,003        

                                                          71     

                                                                 
Building Program Assistance, up to $200,000,000 shall be used by   3,004        

the Ohio School Facilities Commission to provide funds to schools  3,005        

that receive conditional approval by the Ohio School Facilities    3,007        

Commission pursuant to Chapter 3318. of the Revised Code.                       

      Of the foregoing appropriation item CAP-737, School          3,009        

Building Program Assistance, up to $50,000,000 shall be used by    3,010        

the Ohio School Facilities Commission to administer the Emergency  3,011        

School Building Repair Program, pursuant to section 3318.35 of     3,012        

the Revised Code.                                                               

      Of the foregoing appropriation item CAP-737, School          3,014        

Building Program Assistance, notwithstanding Chapter 3318. of the  3,015        

Revised Code, up to $100,000,000 shall be used by the Ohio School  3,016        

Facilities Commission  to provide funds to the big eight school    3,017        

districts to be used for major renovations and repairs of school   3,020        

facilities.  Funds shall be allocated to the school districts on   3,021        

a per pupil basis, based on fiscal year 1997 total average daily   3,022        

membership as defined in section 3317.03 of the Revised Code.  To  3,023        

be eligible to receive these funds, each school district shall:    3,024        

      (1)  Provide a 100 per cent match from funds that are        3,027        

approved by the Ohio School Facilities Commission;                              

      (2)  Develop and submit a capital renovations plan for the   3,029        

use of state and local funds subject to approval by the Ohio       3,030        

School Facilities Commission.                                      3,031        

      As used in this section, "big eight school district" means   3,033        

a school district that for fiscal year 1997 had a percentage of    3,034        

children residing in the district and receiving Aid to Dependent   3,035        

Children greater than thirty per cent, as reported pursuant to     3,036        

section 3317.10 of the Revised Code, and had an average daily      3,037        

membership greater than twelve thousand, as reported pursuant to   3,038        

division (A) of section 3317.03 of the Revised Code.               3,040        

      Section 8.  The Treasurer of State is hereby authorized to   3,042        

issue and sell, in accordance with the provisions of Section 2i    3,043        

of Article VIII, Ohio Constitution, and section 3318.26 of the     3,044        

Revised Code, original obligations in an aggregate principal       3,045        

                                                          72     

                                                                 
amount not to exceed $300,000,000 in addition to the original      3,046        

issuance of obligations heretofore authorized by prior acts of     3,047        

the General Assembly.  These authorized obligations shall be       3,048        

issued to provide funds appropriated in this act for the School    3,049        

Building Program Assistance Fund for the Ohio School Facilities    3,050        

Commission to distribute pursuant to Chapter 3318. of the Revised  3,052        

Code, the owners or holders of which shall have no right to have   3,053        

excises or taxes levied by the General Assembly for the payment    3,054        

of principal or interest thereon.                                               

      Section 9.  The codified and uncodified sections of law      3,056        

contained in this act, and the items of law of which the codified  3,058        

and uncodified sections of law contained in this act are           3,059        

composed, are not subject to the referendum.  Therefore, under     3,060        

Ohio Constitution, Article II, Section 1d and section 1.471 of     3,061        

the Revised Code, the codified and uncodified sections of law      3,062        

contained in this act, and the items of law of which the codified  3,063        

and uncodified sections of law contained in this act are           3,064        

composed, go into immediate effect when this act becomes law.      3,065        

      Section 10.  Section 4115.04 of the Revised Code is          3,067        

presented in this act as a composite of the section as amended by  3,068        

both Sub. H.B. 167 and Am. Sub. S.B. 162 of the 121st General      3,069        

Assembly, with the new language of neither of the acts shown in    3,071        

capital letters.  This is in recognition of the principle stated   3,072        

in division (B) of section 1.52 of the Revised Code that such      3,073        

amendments are to be harmonized where not substantively            3,074        

irreconcilable and constitutes a legislative finding that such is  3,075        

the resulting version in effect prior to the effective date of     3,076        

this act.