As Passed by the House 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-AMSTUTZ-JOLIVETTE-DISTEL- 10
SCHULER-VERICH-PATTON-BUCHY-O'BRIEN-HAINES-WINKLER- 11
HARTNETT-AUSTRIA-PETERSON-BRADING-BUEHRER 12
_________________________________________________________________ 13
A B I L L
To amend sections 9.38, 133.06, 135.12, 3313.31, 16
3313.37, 3313.375, and 3313.46 and to enact 17
section 3313.291 of the Revised Code to permit 19
school districts to establish petty cash accounts 20
to be accessed by district officials by check or 21
debit card, to change the time period for local 22
public officials to deposit public moneys, to 25
decrease the frequency with which subdivisions
must designate their public depositories, to 26
permit subdivisions to change the designated
depositories under certain circumstances, to 27
exempt school-district-issued securities from
debt limits to the extent certain payments in 28
lieu of taxes are pledged to repaying the 29
securities, to require school boards to advertise 31
for bids for construction contracts at least two
consecutive weeks instead of four consecutive 33
weeks, to modify the terms of school district
lease-purchase agreements for buildings, and to 34
permit joint vocational school districts to enter 35
into such agreements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 37
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Section 1. That sections 9.38, 133.06, 135.12, 3313.31, 40
3313.37, 3313.375, and 3313.46 be amended and section 3313.291 of 42
the Revised Code be enacted to read as follows: 43
Sec. 9.38. As used in this section and section 9.39 of the 52
Revised Code, "color of office," "public office," and "public 53
official" have the same meanings as in section 117.01 of the 54
Revised Code. 55
A PERSON WHO IS A state officer, employee, or agent shall 57
pay to the treasurer of state all public moneys received by him 58
THAT PERSON as required by rule of the treasurer of state adopted 60
pursuant to section 113.09 of the Revised Code. A PERSON WHO IS 61
A public official other than a state officer, employee, or agent 63
shall deposit all public moneys received by him THAT PERSON with 64
the treasurer of the public office or properly designated 65
depository once every twenty-four consecutive hours ON THE 67
BUSINESS DAY NEXT FOLLOWING THE DAY OF RECEIPT, IF THE TOTAL
AMOUNT OF SUCH MONEYS RECEIVED EXCEEDS ONE THOUSAND DOLLARS. IF 69
THE TOTAL AMOUNT OF THE PUBLIC MONEYS SO RECEIVED DOES NOT EXCEED 70
ONE THOUSAND DOLLARS, THE PERSON SHALL DEPOSIT THE MONEYS ON THE 71
BUSINESS DAY NEXT FOLLOWING THE DAY OF RECEIPT, UNLESS THE PUBLIC 73
OFFICE OF WHICH THAT PERSON IS A PUBLIC OFFICIAL ADOPTS A POLICY 74
PERMITTING A DIFFERENT TIME PERIOD, NOT TO EXCEED THREE BUSINESS
DAYS NEXT FOLLOWING THE DAY OF RECEIPT, FOR MAKING SUCH DEPOSITS, 76
AND THE PERSON IS ABLE TO SAFEGUARD THE MONEYS UNTIL SUCH TIME AS 78
THE MONEYS ARE DEPOSITED. THE POLICY SHALL INCLUDE PROVISIONS
AND PROCEDURES TO SAFEGUARD THE PUBLIC MONEYS UNTIL THEY ARE 80
DEPOSITED. IF THE PUBLIC OFFICE OF WHICH THE PERSON IS A PUBLIC 81
OFFICIAL IS GOVERNED BY A LEGISLATIVE AUTHORITY, ONLY THE 82
LEGISLATIVE AUTHORITY MAY ADOPT SUCH A POLICY. If a PERSON WHO 83
IS A public official receives public moneys for a public office 85
of which he THAT PERSON is not a public official, he THAT PERSON 86
shall, during the first business day of the next week, pay to the 87
proper public official of the proper public office the moneys so 88
received during the current week. 89
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Sec. 133.06. (A) A school district shall not incur, 98
without a vote of the electors, net indebtedness that exceeds an 99
amount equal to one-tenth of one per cent of its tax valuation, 100
except as provided in divisions (G) and (H) of this section and 102
in division (C) of section 3313.372 of the Revised Code. 103
(B) Except as provided in divisions (E) and (F) of this 105
section, a school district shall not incur net indebtedness that 106
exceeds an amount equal to nine per cent of its tax valuation. 107
(C) A school district shall not submit to a vote of the 109
electors the question of the issuance of securities in an amount 110
that will make the district's net indebtedness after the issuance 111
of the securities exceed an amount equal to four per cent of its 112
tax valuation, unless the superintendent of public instruction, 113
acting under policies adopted by the state board of education, 114
and the tax commissioner, acting under written policies of the 115
commissioner, consent to the submission. A request for the 116
consents shall be made at least thirty days prior to the election 117
at which the question is to be submitted, except that the 118
superintendent of public instruction and the tax commissioner may 119
waive this thirty-day deadline or grant their consents after the 120
election if the school district shows good cause for such waiver 121
or consent after the election. 122
(D) In calculating the net indebtedness of a school 124
district, none of the following shall be considered: 125
(1) Securities issued to acquire school buses and other 127
equipment used in transporting pupils or issued pursuant to 128
division (D) of section 133.10 of the Revised Code; 129
(2) Securities issued under division (F) of this section, 131
under section 133.301 of the Revised Code, and, to the extent in 132
excess of the limitation stated in division (B) of this section, 133
under division (E) of this section; 134
(3) Indebtedness resulting from the dissolution of a joint 136
vocational school district under section 3311.217 of the Revised 137
Code, evidenced by outstanding securities of that joint 138
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vocational school district; 139
(4) Loans, evidenced by any securities, received under 141
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the 142
Revised Code; 143
(5) Debt incurred under section 3313.374 of the Revised 145
Code;
(6) Debt incurred pursuant to division (B)(5) of section 148
3313.37 of the Revised Code to acquire computers and related
hardware.
(E) A school district may become a special needs district 150
as to certain securities as provided in division (E) of this 151
section. 152
(1) A board of education, by resolution, may declare its 154
school district to be a special needs district by determining 155
both of the following: 156
(a) The student population is not being adequately 158
serviced by the existing permanent improvements of the district. 159
(b) The district cannot obtain sufficient funds by the 161
issuance of securities within the limitation of division (B) of 162
this section to provide additional or improved needed permanent 163
improvements in time to meet the needs. 164
(2) The board of education shall certify a copy of that 166
resolution to the superintendent of public instruction with a 167
statistical report showing all of the following: 168
(a) A history of and a projection of the growth of the 170
student population; 171
(b) The history of and a projection of the growth of the 173
tax valuation; 174
(c) The projected needs; 176
(d) The estimated cost of permanent improvements proposed 178
to meet such projected needs. 179
(3) The superintendent of public instruction shall certify 181
the district as an approved special needs district if the 182
superintendent finds both of the following: 183
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(a) The district does not have available sufficient 185
additional funds from state or federal sources to meet the 186
projected needs. 187
(b) The projection of the potential average growth of tax 189
valuation during the next five years, according to the 190
information certified to the superintendent and any other 191
information the superintendent obtains, indicates a likelihood of 192
potential average growth of tax valuation of the district during 193
the next five years of an average of not less than three per cent 194
per year. The findings and certification of the superintendent 195
shall be conclusive. 196
(4) An approved special needs district may incur net 198
indebtedness by the issuance of securities in accordance with the 199
provisions of this chapter in an amount that does not exceed an 200
amount equal to the greater of the following: 201
(a) Nine per cent of the sum of its tax valuation plus an 203
amount that is the product of multiplying that tax valuation by 204
the percentage by which the tax valuation has increased over the 205
tax valuation on the first day of the sixtieth month preceding 206
the month in which its board determines to submit to the electors 207
the question of issuing the proposed securities; 208
(b) Nine per cent of the sum of its tax valuation plus an 210
amount that is the product of multiplying that tax valuation by 211
the percentage, determined by the superintendent of public 212
instruction, by which that tax valuation is projected to increase 213
during the next ten years. 214
(F) A school district may issue securities for emergency 216
purposes, in a principal amount that does not exceed an amount 217
equal to three per cent of its tax valuation, as provided in this 218
division. 219
(1) A board of education, by resolution, may declare an 221
emergency if it determines both of the following: 222
(a) School buildings or other necessary school facilities 224
in the district have been wholly or partially destroyed, or 225
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condemned by a constituted public authority, or that such 226
buildings or facilities are partially constructed, or so 227
constructed or planned as to require additions and improvements 228
to them before the buildings or facilities are usable for their 229
intended purpose, or that corrections to permanent improvements 230
are necessary to remove or prevent health or safety hazards. 231
(b) Existing fiscal and net indebtedness limitations make 233
adequate replacement, additions, or improvements impossible. 234
(2) Upon the declaration of an emergency, the board of 236
education may, by resolution, submit to the electors of the 237
district pursuant to section 133.18 of the Revised Code the 238
question of issuing securities for the purpose of paying the 239
cost, in excess of any insurance or condemnation proceeds 240
received by the district, of permanent improvements to respond to 241
the emergency need. 242
(3) The procedures for the election shall be as provided 244
in section 133.18 of the Revised Code, except that: 245
(a) The form of the ballot shall describe the emergency 247
existing, refer to this division as the authority under which the 248
emergency is declared, and state that the amount of the proposed 249
securities exceeds the limitations prescribed by division (B) of 250
this section; 251
(b) The resolution required by division (B) of section 253
133.18 of the Revised Code shall be certified to the county 254
auditor and the board of elections at least seventy-five days 255
prior to the election; 256
(c) The county auditor shall advise and, not later than 258
sixty-five days before the election, confirm that advice by 259
certification to, the board of education of the information 260
required by division (C) of section 133.18 of the Revised Code; 261
(d) The board of education shall then certify its 263
resolution and the information required by division (D) of 264
section 133.18 of the Revised Code to the board of elections not 265
less than sixty days prior to the election. 266
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(4) Notwithstanding division (B) of section 133.21 of the 268
Revised Code, the first principal payment of securities issued 269
under this division may be set at any date not later than sixty 270
months after the earliest possible principal payment otherwise 271
provided for in that division. 272
(G) The board of education may contract with an architect, 274
professional engineer, or other person experienced in the design 275
and implementation of energy conservation measures for an 276
analysis and recommendations pertaining to installations, 277
modifications of installations, or remodeling that would 278
significantly reduce energy consumption in buildings owned by the 279
district. The report shall include estimates of all costs of 280
such installations, modifications, or remodeling, including costs 281
of design, engineering, installation, maintenance, repairs, and 282
debt service, and estimates of the amounts by which energy 283
consumption and resultant operational and maintenance costs, as 284
defined by the Ohio school facilities commission, would be 286
reduced.
If the board finds after receiving the report that the 288
amount of money the district would spend on such installations, 289
modifications, or remodeling is not likely to exceed the amount 290
of money it would save in energy and resultant operational and 291
maintenance costs over the ensuing fifteen years, the board may 293
submit to the commission a copy of its findings and a request for 294
approval to incur indebtedness to finance the making or 296
modification of installations or the remodeling of buildings for 297
the purpose of significantly reducing energy consumption. 298
If the commission determines that the board's findings are 301
reasonable, it shall approve the board's request. Upon receipt 302
of the commission's approval, the district may issue securities 304
without a vote of the electors in a principal amount not to 305
exceed nine-tenths of one per cent of its tax valuation for the 306
purpose of making such installations, modifications, or 307
remodeling, but the total net indebtedness of the district 308
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without a vote of the electors incurred under this and all other 309
sections of the Revised Code shall not exceed one per cent of the 310
district's tax valuation. 311
So long as any securities issued under division (G) of this 314
section remain outstanding, the board of education shall monitor
the energy consumption and resultant operational and maintenance 315
costs of buildings in which installations or modifications have 317
been made or remodeling has been done pursuant to division (G) of 318
this section and shall maintain and annually update a report 320
documenting the reductions in energy consumption and resultant 321
operational and maintenance cost savings attributable to such 322
installations, modifications, or remodeling. The report shall be 323
certified by an architect or engineer independent of any person 324
that provided goods or services to the board in connection with 325
the energy conservation measures that are the subject of the 326
report. The resultant operational and maintenance cost savings 327
shall be certified by the school district treasurer. The report 328
shall be made available to the commission upon request. 329
(H) With the consent of the superintendent of public 331
instruction, a school district may incur without a vote of the 332
electors net indebtedness that exceeds the amounts stated in 333
divisions (A) and (G) of this section for the purpose of paying 335
costs of permanent improvements, if and to the extent that both 336
of the following conditions are satisfied: 337
(1) The fiscal officer of the school district estimates 339
that receipts of the school district from payments made under OR 340
PURSUANT TO agreements entered into pursuant to division (F) of 343
section 725.02, 1728.10, 3735.671, 5709.081 or section, 5709.082, 344
5709.40, 5709.41, 5709.62, 5709.63, 5709.632, 5709.73, 5709.78, 345
OR 5709.82 of the Revised Code, or distributions under division 346
(C) of section 5709.43 of the Revised Code, or any combination 347
thereof, are, after accounting for any appropriate coverage 348
requirements, sufficient in time and amount, and are committed by 349
the proceedings, to pay the debt charges on the securities issued 350
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to evidence that indebtedness and payable from those receipts, 351
and the taxing authority of the district confirms the fiscal 352
officer's estimate, which confirmation is approved by the 353
superintendent of public instruction; 354
(2) The fiscal officer of the school district certifies, 356
and the taxing authority of the district confirms, that the 357
district, at the time of the certification and confirmation, 358
reasonably expects to have sufficient revenue available for the 359
purpose of operating such permanent improvements for their 360
intended purpose upon acquisition or completion thereof, and the 361
superintendent of public instruction approves the taxing 362
authority's confirmation. 363
The maximum maturity of securities issued under division 365
(H) of this section shall be the lesser of twenty years or the 366
maximum maturity calculated under section 133.20 of the Revised 367
Code. 368
Sec. 135.12. The state board of deposit shall meet on the 378
third Monday of March in the odd-numbered years for the purpose 379
of designating the public depositories of the public moneys of 380
the state, and at such meeting or any adjourned session thereof 381
shall designate such public depositories and award the public 382
moneys of the state to and among the public depositories so 383
designated for the period of two years commencing on the first 384
Monday of April next following. 385
Each other governing board shall meet every two FIVE years 387
on the third Monday or such regularly scheduled meeting date of 388
the month next preceding the date of the expiration of its 389
designation of depositories for the purpose of designating the 390
public depositories of the public moneys of the subdivision, and 391
at such meeting or any adjourned session thereof, shall designate 392
such public depositories and award the public moneys of the 393
subdivision to and among the public depositories so designated 394
for the period of two FIVE years commencing on the date of the 395
expiration of the next preceding designation. Such designation 397
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and award shall be made in duplicate; one copy shall be retained 398
by the governing board of the subdivision and one copy shall be 399
certified to the treasurer.
IF A GOVERNING BOARD OTHER THAN THE STATE BOARD OF DEPOSIT 401
DETERMINES, DURING A DESIGNATION PERIOD, THAT A PUBLIC DEPOSITORY 402
DESIGNATED UNDER THIS SECTION IS INSOLVENT OR OPERATING IN AN 403
UNSOUND OR UNSAFE MANNER, THE GOVERNING BOARD MAY MEET AND 404
DESIGNATE A DIFFERENT PUBLIC DEPOSITORY OF THE PUBLIC MONEYS OF 405
THE SUBDIVISION FOR THE REMAINDER OF THE DESIGNATION PERIOD.
Whenever, by amendment or enactment of any state or federal 407
law or the amendment or adoption of any valid regulation 408
thereunder, the terms of a designation or award, lawful at the 409
beginning of any DESIGNATION period of designation, cease to be 410
lawful during such period, and if such change of law or 412
regulation requires, the DESIGNATION period of designation shall 413
be limited so as not to extend beyond the date when such change 415
becomes effective. In such case, the proper governing board 416
shall meet and designate the public depositories of the public 417
moneys of the state or of the subdivision for the remainder of 418
the DESIGNATION period of two years. 419
Sec. 3313.291. THE BOARD OF EDUCATION OF A SCHOOL DISTRICT 422
MAY ADOPT A RESOLUTION ESTABLISHING A PETTY CASH ACCOUNT FROM 423
WHICH A DESIGNATED DISTRICT OFFICIAL MAY DRAW MONEYS BY CHECK 424
SIGNED BY THAT OFFICIAL OR BY DEBIT CARD FOR PURCHASES MADE 425
WITHIN THE DISTRICT. THE RESOLUTION ESTABLISHING THE ACCOUNT 426
SHALL SPECIFY THE MAXIMUM AMOUNT OF MONEY THAT MAY BE PLACED IN 427
THE ACCOUNT; DESIGNATE THE DISTRICT OFFICIALS WHO MAY DRAW MONEYS 428
FROM THE ACCOUNT, OR REQUIRE THE TREASURER OF SUCH BOARD TO 429
DESIGNATE SUCH OFFICIALS; AND SPECIFY THE REQUIREMENTS AND 430
PROCEDURES FOR REPLENISHING THE ACCOUNT.
Sec. 3313.31. All the duties and obligations of the county 439
auditor, county treasurer, or other officer or person relating to 440
the moneys of a school district shall be complied with by dealing 441
with the treasurer of the board of education thereof. 442
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THE TREASURER SHALL BE THE CHIEF FISCAL OFFICER OF THE 444
SCHOOL DISTRICT AND SHALL BE RESPONSIBLE FOR THE FINANCIAL 445
AFFAIRS OF THE DISTRICT, SUBJECT TO THE DIRECTION OF THE DISTRICT 446
BOARD OF EDUCATION. EXCEPT AS OTHERWISE REQUIRED BY LAW, NO 447
TREASURER SHALL BE REQUIRED TO VERIFY THE ACCURACY OF 448
NONFINANCIAL INFORMATION OR DATA OF THE SCHOOL DISTRICT. 450
Sec. 3313.37. (A) The board of education of any city, 459
local, or exempted village school district may build, enlarge, 460
repair, and furnish the necessary schoolhouses, purchase or lease 461
sites therefor, or rights-of-way thereto, or purchase or lease 462
real estate to be used as playgrounds for children or rent 463
suitable schoolrooms, either within or without the district, and 464
provide the necessary apparatus and make all other necessary 465
provisions for the schools under its control. The governing 466
board of any educational service center may build, enlarge, 468
repair, and furnish the necessary facilities for conducting 469
special education programs and driver education courses, purchase 470
or lease sites therefor, or rights-of-way thereto, or purchase or 472
lease real estate or rent suitable facilities to be used for such 473
purposes and provide the necessary apparatus and make all other 474
necessary provisions for such facilities as are under its 475
control. 476
(B)(1) Boards of education of city, local, and exempted 478
village SCHOOL districts may acquire land by gift or devise, by 481
purchase, or by appropriation. Lands purchased may be purchased 482
for cash, by installment payments, with or without a mortgage, by 483
entering into lease-purchase agreements, or by lease with an 484
option to purchase, provided that if the purchase price is to be 485
paid over a period of time, such payments shall not extend for a 486
period of more than five years, and a. A special tax levy shall 487
MAY be authorized by the voters of the school district in 488
accordance with section 5705.21 of the Revised Code to provide a 489
special fund to meet the future time payments. 490
(2) For the purposes of section 5705.21 of the Revised 492
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Code, acquisition of land under the provisions of this division 493
shall be considered a necessary requirement of the school 494
district. 495
(3) Boards of education of city, local, and exempted 497
village SCHOOL districts may acquire federal land at a discount 499
by a lease-purchase agreement for use as a site for the
construction of educational facilities or for other related 500
purposes. External administrative and other costs pertaining to 501
the acquisition of federal land at a discount may be paid from 502
funds available to the school district for operating purposes. 503
Such boards of education may also acquire federal land by 504
lease-purchase agreements, by negotiation, or otherwise. 505
(4) As used in this division: 507
(a) "Office equipment" includes but is not limited to 509
typewriters, copying and duplicating equipment, and computer and 510
data processing equipment. 511
(b) "Software for instructional purposes" includes 513
computer programs usable for computer assisted instruction, 514
computer managed instruction, drill and practice, and problem 515
simulations. 516
A board of education or governing board of an educational 518
service center may acquire the necessary office equipment, and 520
computer hardware and software for instructional purposes, for 521
the schools under its control by purchase, by lease, by 522
installment payments, by entering into lease-purchase agreements, 523
or by lease with an option to purchase. In the case of a city, 524
exempted village, or local school district, if the purchase price 525
is to be paid over a period of time, the contract setting forth 526
the terms of such purchase shall be considered a continuing 527
contract pursuant to section 5705.41 of the Revised Code. 528
Payments shall not extend for a period of more than five years. 530
Costs relating to the acquisition of necessary apparatus may be 531
paid from funds available to the school district or educational 532
service center for operating purposes.
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(5) A board of education or governing board of an 534
educational service center may acquire the necessary equipment 535
for the maintenance or physical upkeep of facilities and land 536
under its control by entering into lease-purchase agreements. If 537
payments under the lease-purchase agreement are to be made over a 538
period of time, the agreement shall be considered a continuing 539
contract pursuant to section 5705.41 of the Revised Code, and 540
such payments shall not extend for a period of more than five 541
years.
Sec. 3313.375. The board of education of a city, local, or 550
exempted village, OR JOINT VOCATIONAL school district may enter 551
into a lease-purchase agreement providing for the construction,; 553
ENLARGING OR OTHER IMPROVEMENT, FURNISHING, AND EQUIPPING; 555
lease,; and eventual acquisition of a building for any school 556
district purpose. The agreement shall provide for a lease for a 557
term of SERIES OF ONE-YEAR RENEWABLE LEASE TERMS TOTALING not 558
more than thirty years. The agreement shall provide that at the
end of the SERIES OF lease TERMS PROVIDED FOR IN THE AGREEMENT 559
the title to the buildings, together with the land on which the 561
building is situated, LEASED PROPERTY shall be vested in the
school district, IF ALL OBLIGATIONS OF THE SCHOOL DISTRICT 562
PROVIDED FOR IN THE AGREEMENT HAVE BEEN SATISFIED. The agreement 564
may, in addition to the rental payments made by the school
district under the lease, require the school district to pay the 566
lessor a lump-sum amount at the end of the lease as a condition 567
of obtaining title to the building and land. The agreement shall 568
permit a school district to cancel the lease and cease making 570
rental payments without penalty or additional cost if the 571
district notifies the lessor of its intention to cancel the lease 572
not more than one year prior to the date upon which such 573
cancellation takes effect LEASED PROPERTY. In conjunction with 574
the lease-purchase agreement, the board of education may grant 575
leases, easements, or licenses for UNDERLYING land OR FACILITIES 576
under the board's control for a like period. Contracts governing 577
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lease-purchase agreements authorized by this section are 578
continuing contracts under section 5705.41 of the Revised Code 579
PERIODS. PAYMENTS UNDER THE AGREEMENT MAY BE DEEMED TO BE, AND 580
PAID AS, CURRENT OPERATING EXPENSES.
The obligations of UNDER a lease-purchase agreement entered 582
into pursuant to this section shall not be construed as 584
CONSIDERED TO BE net indebtedness of a school district pursuant 586
to UNDER section 133.06 of the Revised Code.
Sec. 3313.46. (A) In addition to any other law governing 595
the bidding for contracts by the board of education of any school 596
district, when any such board determines to build, repair, 597
enlarge, improve, or demolish any school building, the cost of 599
which will exceed twenty-five thousand dollars, except in cases 600
of urgent necessity, or for the security and protection of school 601
property, and except as otherwise provided in division (D) of 602
section 713.23 and in section 125.04 of the Revised Code, all of
the following shall apply: 603
(1) The board shall cause to be prepared the plans, 605
specifications, and related information as required in divisions 606
(A), (B), and (D) of section 153.01 of the Revised Code unless 607
the board determines that other information is sufficient to 608
inform any bidders of the board's requirements. However, if the 609
board determines that such other information is sufficient for 610
bidding a project, the board shall not engage in the construction 611
of any such project involving the practice of professional
engineering, professional surveying, or architecture, for which 612
plans, specifications, and estimates have not been made by, and 613
the construction thereof inspected by, a licensed professional 614
engineer, licensed professional surveyor, or registered 615
architect.
(2) The board shall advertise for bids once each week for 617
a period of four AT LEAST TWO consecutive weeks in a newspaper of 619
general circulation in the district not later than fifteen days 620
prior to the date specified by the board for receiving bids. 622
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(3) Unless the board extends the time for the opening of 624
bids they shall be opened at the time and place specified by the 625
board in the advertisement for the bids. 626
(4) Each bid shall contain the name of every person 628
interested therein. Each bid shall meet the requirements of 629
section 153.54 of the Revised Code. 630
(5) When both labor and materials are embraced in the work 632
bid for, the board may require that each be separately stated in 633
the bid, with the price thereof, or may require that bids be 634
submitted without such separation. 635
(6) None but the lowest responsible bid shall be accepted. 637
The board may reject all the bids, or accept any bid for both 638
labor and material for such improvement or repair, which is the 639
lowest in the aggregate. In all other respects, the award of 640
contracts for improvement or repair, but not for purchases made 641
under section 3327.08 of the Revised Code, shall be pursuant to 642
section 153.12 of the Revised Code. 643
(7) The contract shall be between the board and the 645
bidders. The board shall pay the contract price for the work 646
pursuant to sections 153.13 and 153.14 of the Revised Code. The 647
board shall approve and retain the estimates referred to in 648
section 153.13 of the Revised Code and make them available to the 649
auditor of state upon request. 650
(8) When two or more bids are equal, in the whole, or in 652
any part thereof, and are lower than any others, either may be 653
accepted, but in no case shall the work be divided between such 654
bidders. 655
(9) When there is reason to believe there is collusion or 657
combination among the bidders, or any number of them, the bids of 658
those concerned therein shall be rejected. 659
(B) Division (A) of this section does not apply to the 661
board of education of any school district in any of the following 662
situations:
(1) The acquisition of educational materials used in 664
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teaching.
(2) If the board determines and declares by resolution 666
adopted by two-thirds of all its members that any item is 667
available and can be acquired only from a single source. 668
(3) If the board declares by resolution adopted by 670
two-thirds of all its members that division (A) of this section 671
does not apply to any installation, modification, or remodeling 672
involved in any energy conservation measure undertaken through an 673
installment payment contract under section 3313.372 of the 674
Revised Code or undertaken pursuant to division (G) of section
133.06 of the Revised Code. 675
(4) The acquisition of computer software for instructional 677
purposes and computer hardware for instructional purposes 678
pursuant to division (B)(4) of section 3313.37 of the Revised 680
Code. 681
(C) No resolution adopted pursuant to division (B)(2) or 683
(3) of this section shall have any effect on whether sections 684
153.12 to 153.14 and 153.54 of the Revised Code apply to the 685
board of education of any school district with regard to any 686
item.
Section 2. That existing sections 9.38, 133.06, 135.12, 688
3313.31, 3313.37, 3313.375, and 3313.46 of the Revised Code are 690
hereby repealed.