As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 220 5
1999-2000 6
REPRESENTATIVES HOUSEHOLDER-WILLAMOWSKI-BENDER-MOTTLEY- 8
CATES-JACOBSON-CORBIN-MEAD-WILLIAMS-HOLLISTER-KREBS- 9
TERWILLEGER-EVANS-PADGETT 10
_________________________________________________________________ 11
A B I L L
To amend sections 9.38, 133.06, 135.12, 3313.31, 14
3313.37, 3313.375, and 3313.46 and to enact 15
section 3313.291 of the Revised Code to permit 17
school districts to establish petty cash accounts 18
to be accessed by district officials by check or 19
debit card, to change the time period for local 20
public officials to deposit public moneys, to 23
decrease the frequency with which subdivisions
must designate their public depositories, to 24
permit subdivisions to change the designated
depositories under certain circumstances, to 25
exempt school-district-issued securities from
debt limits to the extent certain payments in 26
lieu of taxes are pledged to repaying the 27
securities, to require school boards to advertise 29
for bids for construction contracts at least two
consecutive weeks instead of four consecutive 31
weeks, to modify the terms of school district
lease-purchase agreements for buildings, and to 32
permit joint vocational school districts to enter 33
into such agreements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 35
Section 1. That sections 9.38, 133.06, 135.12, 3313.31, 38
3313.37, 3313.375, and 3313.46 be amended and section 3313.291 of 40
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the Revised Code be enacted to read as follows: 41
Sec. 9.38. As used in this section and section 9.39 of the 50
Revised Code, "color of office," "public office," and "public 51
official" have the same meanings as in section 117.01 of the 52
Revised Code. 53
A PERSON WHO IS A state officer, employee, or agent shall 55
pay to the treasurer of state all public moneys received by him 56
THAT PERSON as required by rule of the treasurer of state adopted 58
pursuant to section 113.09 of the Revised Code. A PERSON WHO IS 59
A public official other than a state officer, employee, or agent 61
shall deposit all public moneys received by him THAT PERSON with 62
the treasurer of the public office or properly designated 63
depository once every twenty-four consecutive hours ON THE 65
BUSINESS DAY NEXT FOLLOWING THE DAY OF RECEIPT, IF THE TOTAL
AMOUNT OF SUCH MONEYS RECEIVED EXCEEDS ONE THOUSAND DOLLARS. IF 67
THE TOTAL AMOUNT OF THE PUBLIC MONEYS SO RECEIVED DOES NOT EXCEED 68
ONE THOUSAND DOLLARS, THE PERSON SHALL DEPOSIT THE MONEYS ON THE 69
BUSINESS DAY NEXT FOLLOWING THE DAY OF RECEIPT, UNLESS THE PUBLIC 71
OFFICE OF WHICH THAT PERSON IS A PUBLIC OFFICIAL ADOPTS A POLICY 72
PERMITTING A DIFFERENT TIME PERIOD, NOT TO EXCEED THREE BUSINESS
DAYS NEXT FOLLOWING THE DAY OF RECEIPT, FOR MAKING SUCH DEPOSITS, 74
AND THE PERSON IS ABLE TO SAFEGUARD THE MONEYS UNTIL SUCH TIME AS 76
THE MONEYS ARE DEPOSITED. THE POLICY SHALL INCLUDE PROVISIONS
AND PROCEDURES TO SAFEGUARD THE PUBLIC MONEYS UNTIL THEY ARE 78
DEPOSITED. IF THE PUBLIC OFFICE OF WHICH THE PERSON IS A PUBLIC 79
OFFICIAL IS GOVERNED BY A LEGISLATIVE AUTHORITY, ONLY THE 80
LEGISLATIVE AUTHORITY MAY ADOPT SUCH A POLICY. If a PERSON WHO 81
IS A public official receives public moneys for a public office 83
of which he THAT PERSON is not a public official, he THAT PERSON 84
shall, during the first business day of the next week, pay to the 85
proper public official of the proper public office the moneys so 86
received during the current week. 87
Sec. 133.06. (A) A school district shall not incur, 96
without a vote of the electors, net indebtedness that exceeds an 97
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amount equal to one-tenth of one per cent of its tax valuation, 98
except as provided in divisions (G) and (H) of this section and 100
in division (C) of section 3313.372 of the Revised Code. 101
(B) Except as provided in divisions (E) and (F) of this 103
section, a school district shall not incur net indebtedness that 104
exceeds an amount equal to nine per cent of its tax valuation. 105
(C) A school district shall not submit to a vote of the 107
electors the question of the issuance of securities in an amount 108
that will make the district's net indebtedness after the issuance 109
of the securities exceed an amount equal to four per cent of its 110
tax valuation, unless the superintendent of public instruction, 111
acting under policies adopted by the state board of education, 112
and the tax commissioner, acting under written policies of the 113
commissioner, consent to the submission. A request for the 114
consents shall be made at least thirty days prior to the election 115
at which the question is to be submitted, except that the 116
superintendent of public instruction and the tax commissioner may 117
waive this thirty-day deadline or grant their consents after the 118
election if the school district shows good cause for such waiver 119
or consent after the election. 120
(D) In calculating the net indebtedness of a school 122
district, none of the following shall be considered: 123
(1) Securities issued to acquire school buses and other 125
equipment used in transporting pupils or issued pursuant to 126
division (D) of section 133.10 of the Revised Code; 127
(2) Securities issued under division (F) of this section, 129
under section 133.301 of the Revised Code, and, to the extent in 130
excess of the limitation stated in division (B) of this section, 131
under division (E) of this section; 132
(3) Indebtedness resulting from the dissolution of a joint 134
vocational school district under section 3311.217 of the Revised 135
Code, evidenced by outstanding securities of that joint 136
vocational school district; 137
(4) Loans, evidenced by any securities, received under 139
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sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the 140
Revised Code; 141
(5) Debt incurred under section 3313.374 of the Revised 143
Code;
(6) Debt incurred pursuant to division (B)(5) of section 146
3313.37 of the Revised Code to acquire computers and related
hardware.
(E) A school district may become a special needs district 148
as to certain securities as provided in division (E) of this 149
section. 150
(1) A board of education, by resolution, may declare its 152
school district to be a special needs district by determining 153
both of the following: 154
(a) The student population is not being adequately 156
serviced by the existing permanent improvements of the district. 157
(b) The district cannot obtain sufficient funds by the 159
issuance of securities within the limitation of division (B) of 160
this section to provide additional or improved needed permanent 161
improvements in time to meet the needs. 162
(2) The board of education shall certify a copy of that 164
resolution to the superintendent of public instruction with a 165
statistical report showing all of the following: 166
(a) A history of and a projection of the growth of the 168
student population; 169
(b) The history of and a projection of the growth of the 171
tax valuation; 172
(c) The projected needs; 174
(d) The estimated cost of permanent improvements proposed 176
to meet such projected needs. 177
(3) The superintendent of public instruction shall certify 179
the district as an approved special needs district if the 180
superintendent finds both of the following: 181
(a) The district does not have available sufficient 183
additional funds from state or federal sources to meet the 184
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projected needs. 185
(b) The projection of the potential average growth of tax 187
valuation during the next five years, according to the 188
information certified to the superintendent and any other 189
information the superintendent obtains, indicates a likelihood of 190
potential average growth of tax valuation of the district during 191
the next five years of an average of not less than three per cent 192
per year. The findings and certification of the superintendent 193
shall be conclusive. 194
(4) An approved special needs district may incur net 196
indebtedness by the issuance of securities in accordance with the 197
provisions of this chapter in an amount that does not exceed an 198
amount equal to the greater of the following: 199
(a) Nine per cent of the sum of its tax valuation plus an 201
amount that is the product of multiplying that tax valuation by 202
the percentage by which the tax valuation has increased over the 203
tax valuation on the first day of the sixtieth month preceding 204
the month in which its board determines to submit to the electors 205
the question of issuing the proposed securities; 206
(b) Nine per cent of the sum of its tax valuation plus an 208
amount that is the product of multiplying that tax valuation by 209
the percentage, determined by the superintendent of public 210
instruction, by which that tax valuation is projected to increase 211
during the next ten years. 212
(F) A school district may issue securities for emergency 214
purposes, in a principal amount that does not exceed an amount 215
equal to three per cent of its tax valuation, as provided in this 216
division. 217
(1) A board of education, by resolution, may declare an 219
emergency if it determines both of the following: 220
(a) School buildings or other necessary school facilities 222
in the district have been wholly or partially destroyed, or 223
condemned by a constituted public authority, or that such 224
buildings or facilities are partially constructed, or so 225
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constructed or planned as to require additions and improvements 226
to them before the buildings or facilities are usable for their 227
intended purpose, or that corrections to permanent improvements 228
are necessary to remove or prevent health or safety hazards. 229
(b) Existing fiscal and net indebtedness limitations make 231
adequate replacement, additions, or improvements impossible. 232
(2) Upon the declaration of an emergency, the board of 234
education may, by resolution, submit to the electors of the 235
district pursuant to section 133.18 of the Revised Code the 236
question of issuing securities for the purpose of paying the 237
cost, in excess of any insurance or condemnation proceeds 238
received by the district, of permanent improvements to respond to 239
the emergency need. 240
(3) The procedures for the election shall be as provided 242
in section 133.18 of the Revised Code, except that: 243
(a) The form of the ballot shall describe the emergency 245
existing, refer to this division as the authority under which the 246
emergency is declared, and state that the amount of the proposed 247
securities exceeds the limitations prescribed by division (B) of 248
this section; 249
(b) The resolution required by division (B) of section 251
133.18 of the Revised Code shall be certified to the county 252
auditor and the board of elections at least seventy-five days 253
prior to the election; 254
(c) The county auditor shall advise and, not later than 256
sixty-five days before the election, confirm that advice by 257
certification to, the board of education of the information 258
required by division (C) of section 133.18 of the Revised Code; 259
(d) The board of education shall then certify its 261
resolution and the information required by division (D) of 262
section 133.18 of the Revised Code to the board of elections not 263
less than sixty days prior to the election. 264
(4) Notwithstanding division (B) of section 133.21 of the 266
Revised Code, the first principal payment of securities issued 267
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under this division may be set at any date not later than sixty 268
months after the earliest possible principal payment otherwise 269
provided for in that division. 270
(G) The board of education may contract with an architect, 272
professional engineer, or other person experienced in the design 273
and implementation of energy conservation measures for an 274
analysis and recommendations pertaining to installations, 275
modifications of installations, or remodeling that would 276
significantly reduce energy consumption in buildings owned by the 277
district. The report shall include estimates of all costs of 278
such installations, modifications, or remodeling, including costs 279
of design, engineering, installation, maintenance, repairs, and 280
debt service, and estimates of the amounts by which energy 281
consumption and resultant operational and maintenance costs, as 282
defined by the Ohio school facilities commission, would be 284
reduced.
If the board finds after receiving the report that the 286
amount of money the district would spend on such installations, 287
modifications, or remodeling is not likely to exceed the amount 288
of money it would save in energy and resultant operational and 289
maintenance costs over the ensuing fifteen years, the board may 291
submit to the commission a copy of its findings and a request for 292
approval to incur indebtedness to finance the making or 294
modification of installations or the remodeling of buildings for 295
the purpose of significantly reducing energy consumption. 296
If the commission determines that the board's findings are 299
reasonable, it shall approve the board's request. Upon receipt 300
of the commission's approval, the district may issue securities 302
without a vote of the electors in a principal amount not to 303
exceed nine-tenths of one per cent of its tax valuation for the 304
purpose of making such installations, modifications, or 305
remodeling, but the total net indebtedness of the district 306
without a vote of the electors incurred under this and all other 307
sections of the Revised Code shall not exceed one per cent of the 308
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district's tax valuation. 309
So long as any securities issued under division (G) of this 312
section remain outstanding, the board of education shall monitor
the energy consumption and resultant operational and maintenance 313
costs of buildings in which installations or modifications have 315
been made or remodeling has been done pursuant to division (G) of 316
this section and shall maintain and annually update a report 318
documenting the reductions in energy consumption and resultant 319
operational and maintenance cost savings attributable to such 320
installations, modifications, or remodeling. The report shall be 321
certified by an architect or engineer independent of any person 322
that provided goods or services to the board in connection with 323
the energy conservation measures that are the subject of the 324
report. The resultant operational and maintenance cost savings 325
shall be certified by the school district treasurer. The report 326
shall be made available to the commission upon request. 327
(H) With the consent of the superintendent of public 329
instruction, a school district may incur without a vote of the 330
electors net indebtedness that exceeds the amounts stated in 331
divisions (A) and (G) of this section for the purpose of paying 333
costs of permanent improvements, if and to the extent that both 334
of the following conditions are satisfied: 335
(1) The fiscal officer of the school district estimates 337
that receipts of the school district from payments made under OR 338
PURSUANT TO agreements entered into pursuant to division (F) of 341
section 725.02, 1728.10, 3735.671, 5709.081 or section, 5709.082, 342
5709.40, 5709.41, 5709.62, 5709.63, 5709.632, 5709.73, 5709.78, 343
OR 5709.82 of the Revised Code, or distributions under division 344
(C) of section 5709.43 of the Revised Code, or any combination 345
thereof, are, after accounting for any appropriate coverage 346
requirements, sufficient in time and amount, and are committed by 347
the proceedings, to pay the debt charges on the securities issued 348
to evidence that indebtedness and payable from those receipts, 349
and the taxing authority of the district confirms the fiscal 350
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officer's estimate, which confirmation is approved by the 351
superintendent of public instruction; 352
(2) The fiscal officer of the school district certifies, 354
and the taxing authority of the district confirms, that the 355
district, at the time of the certification and confirmation, 356
reasonably expects to have sufficient revenue available for the 357
purpose of operating such permanent improvements for their 358
intended purpose upon acquisition or completion thereof, and the 359
superintendent of public instruction approves the taxing 360
authority's confirmation. 361
The maximum maturity of securities issued under division 363
(H) of this section shall be the lesser of twenty years or the 364
maximum maturity calculated under section 133.20 of the Revised 365
Code. 366
Sec. 135.12. The state board of deposit shall meet on the 376
third Monday of March in the odd-numbered years for the purpose 377
of designating the public depositories of the public moneys of 378
the state, and at such meeting or any adjourned session thereof 379
shall designate such public depositories and award the public 380
moneys of the state to and among the public depositories so 381
designated for the period of two years commencing on the first 382
Monday of April next following. 383
Each other governing board shall meet every two FIVE years 385
on the third Monday or such regularly scheduled meeting date of 386
the month next preceding the date of the expiration of its 387
designation of depositories for the purpose of designating the 388
public depositories of the public moneys of the subdivision, and 389
at such meeting or any adjourned session thereof, shall designate 390
such public depositories and award the public moneys of the 391
subdivision to and among the public depositories so designated 392
for the period of two FIVE years commencing on the date of the 393
expiration of the next preceding designation. Such designation 395
and award shall be made in duplicate; one copy shall be retained 396
by the governing board of the subdivision and one copy shall be 397
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certified to the treasurer.
IF A GOVERNING BOARD OTHER THAN THE STATE BOARD OF DEPOSIT 399
DETERMINES, DURING A DESIGNATION PERIOD, THAT A PUBLIC DEPOSITORY 400
DESIGNATED UNDER THIS SECTION IS INSOLVENT OR OPERATING IN AN 401
UNSOUND OR UNSAFE MANNER, THE GOVERNING BOARD MAY MEET AND 402
DESIGNATE A DIFFERENT PUBLIC DEPOSITORY OF THE PUBLIC MONEYS OF 403
THE SUBDIVISION FOR THE REMAINDER OF THE DESIGNATION PERIOD.
Whenever, by amendment or enactment of any state or federal 405
law or the amendment or adoption of any valid regulation 406
thereunder, the terms of a designation or award, lawful at the 407
beginning of any DESIGNATION period of designation, cease to be 408
lawful during such period, and if such change of law or 410
regulation requires, the DESIGNATION period of designation shall 411
be limited so as not to extend beyond the date when such change 413
becomes effective. In such case, the proper governing board 414
shall meet and designate the public depositories of the public 415
moneys of the state or of the subdivision for the remainder of 416
the DESIGNATION period of two years. 417
Sec. 3313.291. THE BOARD OF EDUCATION OF A SCHOOL DISTRICT 420
MAY ADOPT A RESOLUTION ESTABLISHING A PETTY CASH ACCOUNT FROM 421
WHICH A DESIGNATED DISTRICT OFFICIAL MAY DRAW MONEYS BY CHECK 422
SIGNED BY THAT OFFICIAL OR BY DEBIT CARD FOR PURCHASES MADE 423
WITHIN THE DISTRICT. THE RESOLUTION ESTABLISHING THE ACCOUNT 424
SHALL SPECIFY THE MAXIMUM AMOUNT OF MONEY THAT MAY BE PLACED IN 425
THE ACCOUNT; DESIGNATE THE DISTRICT OFFICIALS WHO MAY DRAW MONEYS 426
FROM THE ACCOUNT, OR REQUIRE THE TREASURER OF SUCH BOARD TO 427
DESIGNATE SUCH OFFICIALS; AND SPECIFY THE REQUIREMENTS AND 428
PROCEDURES FOR REPLENISHING THE ACCOUNT.
Sec. 3313.31. All the duties and obligations of the county 437
auditor, county treasurer, or other officer or person relating to 438
the moneys of a school district shall be complied with by dealing 439
with the treasurer of the board of education thereof. 440
THE TREASURER SHALL BE THE CHIEF FISCAL OFFICER OF THE 442
SCHOOL DISTRICT AND SHALL BE RESPONSIBLE FOR THE FINANCIAL 443
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AFFAIRS OF THE DISTRICT, SUBJECT TO THE DIRECTION OF THE DISTRICT 444
BOARD OF EDUCATION. EXCEPT AS OTHERWISE REQUIRED BY LAW, NO 445
TREASURER SHALL BE REQUIRED TO VERIFY THE ACCURACY OF 446
NONFINANCIAL INFORMATION OR DATA OF THE SCHOOL DISTRICT. 448
Sec. 3313.37. (A) The board of education of any city, 457
local, or exempted village school district may build, enlarge, 458
repair, and furnish the necessary schoolhouses, purchase or lease 459
sites therefor, or rights-of-way thereto, or purchase or lease 460
real estate to be used as playgrounds for children or rent 461
suitable schoolrooms, either within or without the district, and 462
provide the necessary apparatus and make all other necessary 463
provisions for the schools under its control. The governing 464
board of any educational service center may build, enlarge, 466
repair, and furnish the necessary facilities for conducting 467
special education programs and driver education courses, purchase 468
or lease sites therefor, or rights-of-way thereto, or purchase or 470
lease real estate or rent suitable facilities to be used for such 471
purposes and provide the necessary apparatus and make all other 472
necessary provisions for such facilities as are under its 473
control. 474
(B)(1) Boards of education of city, local, and exempted 476
village SCHOOL districts may acquire land by gift or devise, by 479
purchase, or by appropriation. Lands purchased may be purchased 480
for cash, by installment payments, with or without a mortgage, by 481
entering into lease-purchase agreements, or by lease with an 482
option to purchase, provided that if the purchase price is to be 483
paid over a period of time, such payments shall not extend for a 484
period of more than five years, and a. A special tax levy shall 485
MAY be authorized by the voters of the school district in 486
accordance with section 5705.21 of the Revised Code to provide a 487
special fund to meet the future time payments. 488
(2) For the purposes of section 5705.21 of the Revised 490
Code, acquisition of land under the provisions of this division 491
shall be considered a necessary requirement of the school 492
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district. 493
(3) Boards of education of city, local, and exempted 495
village SCHOOL districts may acquire federal land at a discount 497
by a lease-purchase agreement for use as a site for the
construction of educational facilities or for other related 498
purposes. External administrative and other costs pertaining to 499
the acquisition of federal land at a discount may be paid from 500
funds available to the school district for operating purposes. 501
Such boards of education may also acquire federal land by 502
lease-purchase agreements, by negotiation, or otherwise. 503
(4) As used in this division: 505
(a) "Office equipment" includes but is not limited to 507
typewriters, copying and duplicating equipment, and computer and 508
data processing equipment. 509
(b) "Software for instructional purposes" includes 511
computer programs usable for computer assisted instruction, 512
computer managed instruction, drill and practice, and problem 513
simulations. 514
A board of education or governing board of an educational 516
service center may acquire the necessary office equipment, and 518
computer hardware and software for instructional purposes, for 519
the schools under its control by purchase, by lease, by 520
installment payments, by entering into lease-purchase agreements, 521
or by lease with an option to purchase. In the case of a city, 522
exempted village, or local school district, if the purchase price 523
is to be paid over a period of time, the contract setting forth 524
the terms of such purchase shall be considered a continuing 525
contract pursuant to section 5705.41 of the Revised Code. 526
Payments shall not extend for a period of more than five years. 528
Costs relating to the acquisition of necessary apparatus may be 529
paid from funds available to the school district or educational 530
service center for operating purposes.
(5) A board of education or governing board of an 532
educational service center may acquire the necessary equipment 533
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for the maintenance or physical upkeep of facilities and land 534
under its control by entering into lease-purchase agreements. If 535
payments under the lease-purchase agreement are to be made over a 536
period of time, the agreement shall be considered a continuing 537
contract pursuant to section 5705.41 of the Revised Code, and 538
such payments shall not extend for a period of more than five 539
years.
Sec. 3313.375. The board of education of a city, local, or 548
exempted village, OR JOINT VOCATIONAL school district may enter 549
into a lease-purchase agreement providing for the construction,; 551
ENLARGING OR OTHER IMPROVEMENT, FURNISHING, AND EQUIPPING; 553
lease,; and eventual acquisition of a building for any school 554
district purpose. The agreement shall provide for a lease for a 555
term of SERIES OF ONE-YEAR RENEWABLE LEASE TERMS TOTALING not 556
more than thirty years. The agreement shall provide that at the
end of the SERIES OF lease TERMS PROVIDED FOR IN THE AGREEMENT 557
the title to the buildings, together with the land on which the 559
building is situated, LEASED PROPERTY shall be vested in the
school district, IF ALL OBLIGATIONS OF THE SCHOOL DISTRICT 560
PROVIDED FOR IN THE AGREEMENT HAVE BEEN SATISFIED. The agreement 562
may, in addition to the rental payments made by the school
district under the lease, require the school district to pay the 564
lessor a lump-sum amount at the end of the lease as a condition 565
of obtaining title to the building and land. The agreement shall 566
permit a school district to cancel the lease and cease making 568
rental payments without penalty or additional cost if the 569
district notifies the lessor of its intention to cancel the lease 570
not more than one year prior to the date upon which such 571
cancellation takes effect LEASED PROPERTY. In conjunction with 572
the lease-purchase agreement, the board of education may grant 573
leases, easements, or licenses for UNDERLYING land OR FACILITIES 574
under the board's control for a like period. Contracts governing 575
lease-purchase agreements authorized by this section are 576
continuing contracts under section 5705.41 of the Revised Code 577
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PERIODS. PAYMENTS UNDER THE AGREEMENT MAY BE DEEMED TO BE, AND 578
PAID AS, CURRENT OPERATING EXPENSES.
The obligations of UNDER a lease-purchase agreement entered 580
into pursuant to this section shall not be construed as 582
CONSIDERED TO BE net indebtedness of a school district pursuant 584
to UNDER section 133.06 of the Revised Code.
Sec. 3313.46. (A) In addition to any other law governing 593
the bidding for contracts by the board of education of any school 594
district, when any such board determines to build, repair, 595
enlarge, improve, or demolish any school building, the cost of 597
which will exceed twenty-five thousand dollars, except in cases 598
of urgent necessity, or for the security and protection of school 599
property, and except as otherwise provided in division (D) of 600
section 713.23 and in section 125.04 of the Revised Code, all of
the following shall apply: 601
(1) The board shall cause to be prepared the plans, 603
specifications, and related information as required in divisions 604
(A), (B), and (D) of section 153.01 of the Revised Code unless 605
the board determines that other information is sufficient to 606
inform any bidders of the board's requirements. However, if the 607
board determines that such other information is sufficient for 608
bidding a project, the board shall not engage in the construction 609
of any such project involving the practice of professional
engineering, professional surveying, or architecture, for which 610
plans, specifications, and estimates have not been made by, and 611
the construction thereof inspected by, a licensed professional 612
engineer, licensed professional surveyor, or registered 613
architect.
(2) The board shall advertise for bids once each week for 615
a period of four AT LEAST TWO consecutive weeks in a newspaper of 617
general circulation in the district not later than fifteen days 618
prior to the date specified by the board for receiving bids. 620
(3) Unless the board extends the time for the opening of 622
bids they shall be opened at the time and place specified by the 623
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board in the advertisement for the bids. 624
(4) Each bid shall contain the name of every person 626
interested therein. Each bid shall meet the requirements of 627
section 153.54 of the Revised Code. 628
(5) When both labor and materials are embraced in the work 630
bid for, the board may require that each be separately stated in 631
the bid, with the price thereof, or may require that bids be 632
submitted without such separation. 633
(6) None but the lowest responsible bid shall be accepted. 635
The board may reject all the bids, or accept any bid for both 636
labor and material for such improvement or repair, which is the 637
lowest in the aggregate. In all other respects, the award of 638
contracts for improvement or repair, but not for purchases made 639
under section 3327.08 of the Revised Code, shall be pursuant to 640
section 153.12 of the Revised Code. 641
(7) The contract shall be between the board and the 643
bidders. The board shall pay the contract price for the work 644
pursuant to sections 153.13 and 153.14 of the Revised Code. The 645
board shall approve and retain the estimates referred to in 646
section 153.13 of the Revised Code and make them available to the 647
auditor of state upon request. 648
(8) When two or more bids are equal, in the whole, or in 650
any part thereof, and are lower than any others, either may be 651
accepted, but in no case shall the work be divided between such 652
bidders. 653
(9) When there is reason to believe there is collusion or 655
combination among the bidders, or any number of them, the bids of 656
those concerned therein shall be rejected. 657
(B) Division (A) of this section does not apply to the 659
board of education of any school district in any of the following 660
situations:
(1) The acquisition of educational materials used in 662
teaching.
(2) If the board determines and declares by resolution 664
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adopted by two-thirds of all its members that any item is 665
available and can be acquired only from a single source. 666
(3) If the board declares by resolution adopted by 668
two-thirds of all its members that division (A) of this section 669
does not apply to any installation, modification, or remodeling 670
involved in any energy conservation measure undertaken through an 671
installment payment contract under section 3313.372 of the 672
Revised Code or undertaken pursuant to division (G) of section
133.06 of the Revised Code. 673
(4) The acquisition of computer software for instructional 675
purposes and computer hardware for instructional purposes 676
pursuant to division (B)(4) of section 3313.37 of the Revised 678
Code. 679
(C) No resolution adopted pursuant to division (B)(2) or 681
(3) of this section shall have any effect on whether sections 682
153.12 to 153.14 and 153.54 of the Revised Code apply to the 683
board of education of any school district with regard to any 684
item.
Section 2. That existing sections 9.38, 133.06, 135.12, 686
3313.31, 3313.37, 3313.375, and 3313.46 of the Revised Code are 688
hereby repealed.