As Reported by House Education Committee 1
123rd General Assembly 4
Regular Session Am. S. B. No. 210 5
1999-2000 6
SENATORS RAY-DRAKE-WATTS-SPADA- 9
REPRESENTATIVES HARTNETT-BENDER-BRADING-BARRETT
_________________________________________________________________ 10
A B I L L
To amend sections 124.14, 3341.02, and 3357.10 of 12
the Revised Code to clarify the authority of the 14
boards of trustees of, or officers designated by 16
the boards of trustees of, state-supported
colleges or universities over decision-making 17
related to employees of these institutions; to 18
change the date of appointment of student 19
trustees at Bowling Green State University from
the seventeeth day of March to the seventeenth 20
day of May; and to eliminate the requirement for
a technical college district to select a 21
depository for its funds in accordance with the 22
Uniform Depository Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 124.14, 3341.02, and 3357.10 of 26
the Revised Code be amended to read as follows: 29
Sec. 124.14. (A)(1) The director of administrative 38
services shall establish, and may modify or repeal, by rule, a 39
job classification plan for all positions, offices, and 40
employments the salaries of which are paid in whole or in part by 41
the state. The director shall group jobs within a classification 42
so that the positions are similar enough in duties and 43
responsibilities to be described by the same title, to have the 44
same pay assigned with equity, and to have the same 45
qualifications for selection applied. The director shall, by 46
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rule, assign a classification title to each classification within 47
the classification plan. However, the director shall consider in 48
establishing classifications, including classifications with 49
parenthetical titles, and assigning pay ranges such factors as 50
duties performed only on one shift, special skills in short 51
supply in the labor market, recruitment problems, separation 52
rates, comparative salary rates, the amount of training required, 53
and other conditions affecting employment. The director shall 54
describe the duties and responsibilities of the class and 55
establish the qualifications for being employed in that position, 56
and shall file with the secretary of state a copy of 57
specifications for all of the classifications. The director 58
shall file new, additional, or revised specifications with the 59
secretary of state before being used. The 60
THE director shall, by rule, assign each classification, 63
either on a statewide basis or in particular counties or state 64
institutions, to a pay range established under section 124.15 or 65
section 124.152 of the Revised Code. The director may assign a 66
classification to a pay range on a temporary basis for a period 67
of time designated in the rule. The director may establish, by 68
rule adopted under Chapter 119. of the Revised Code, experimental 69
classification plans for some or all employees paid directly by
warrant of the auditor of state. The administrative rule shall 70
include specifications for each classification within the plan 71
and shall specifically address compensation ranges, and methods 72
for advancing within the ranges, for the classifications, which 73
may be assigned to pay ranges other than the pay ranges 74
established under section 124.15 or 124.152 of the Revised Code.
(2) The director may reassign to a proper classification 76
those positions that have been assigned to an improper 78
classification. If the compensation of an employee in such a 79
reassigned position exceeds the maximum rate of pay for the 80
employee's new classification, the employee shall be placed in
pay step X and shall not receive an increase in compensation 81
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until the maximum rate of pay for that classification exceeds the 83
employee's compensation.
(3) The director may reassign an exempt employee, as 85
defined in section 124.152 of the Revised Code, to a bargaining 86
unit classification if the director determines that the 88
bargaining unit classification is the proper classification for
that employee. Notwithstanding Chapter 4117. of the Revised Code 89
or instruments and contracts negotiated under it, such placements 90
are at the director's discretion. 91
(4) The director shall, by rule, assign related 93
classifications, which form a career progression, to a 94
classification series. The director shall, by rule, assign each 95
classification in the classification plan a five-digit number, 96
the first four digits of which shall denote the classification 97
series to which the classification is assigned. When a career 98
progression encompasses more than ten classifications, the 99
director shall, by rule, identify the additional classifications 100
belonging to a classification series. Such additional 101
classifications shall be part of the classification series, 102
notwithstanding the fact that the first four digits of the number 103
assigned to the additional classifications do not correspond to 104
the first four digits of the numbers assigned to other 105
classifications in the classification series. 106
(5) The director shall adopt rules in accordance with 108
Chapter 119. of the Revised Code for the establishment of a 109
classification plan for county agencies that elect not to use the 110
services and facilities of a county personnel department. The 111
rules shall include a methodology for the establishment of titles 112
unique to county agencies, the use of state classification titles 113
and classification specifications for common positions, the 114
criteria for a county to meet in establishing its own 115
classification plan, and the establishment of what constitutes a 116
classification series for county agencies. 117
(B) Division (A) of this section and sections 124.15 and 119
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124.152 of the Revised Code do not apply to the following 120
persons, positions, offices, and employments: 121
(1) Elected officials; 123
(2) Legislative employees, employees of the legislative 125
service commission, employees in the office of the governor, 126
employees who are in the unclassified civil service and exempt 127
from collective bargaining coverage in the office of the 128
secretary of state, auditor of state, treasurer of state, and 129
attorney general, and employees of the supreme court;
(3) Employees of a county children services board that 131
establishes compensation rates under section 5153.12 of the 132
Revised Code; 133
(4) Any position for which the authority to determine 135
compensation is given by law to another individual or entity; 136
(5) Employees of the bureau of workers' compensation whose 139
compensation the administrator of workers' compensation
establishes under division (B) of section 4121.121 of the Revised 140
Code. 141
(C) The director may employ a consulting agency to aid and 143
assist the director in carrying out this section. 144
(D)(1) When the director proposes to modify a 146
classification or the assignment of classes to appropriate pay 147
ranges, the director shall send written notice of the proposed 148
rule to the appointing authorities of the affected employees 149
thirty days before the hearing on the proposed rule. The 150
appointing authorities shall notify the affected employees 151
regarding the proposed rule. The director shall also send such 153
appointing authorities notice of any final rule which is adopted 154
within ten days after adoption.
(2) When the director proposes to reclassify any employee 156
so that the employee is adversely affected, the director shall 158
give to the employee affected and to the employee's appointing 160
authority a written notice setting forth the proposed new 161
classification, pay range, and salary. Upon the request of any 162
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classified employee who is not serving in a probationary period, 163
the director shall perform a job audit to review the 164
classification of the employee's position to determine whether 165
the position is properly classified. The director shall give to 166
the employee affected and to the employee's appointing authority 168
a written notice of the director's determination whether or not 169
to reclassify the position or to reassign the employee to another 170
classification. An employee or appointing authority desiring a 171
hearing shall file a written request therefor FOR THE HEARING 172
with the state personnel board of review within thirty days after 174
receiving the notice. The board shall set the matter for a 175
hearing and notify the employee and appointing authority of the 176
time and place of the hearing. The employee, appointing 177
authority, or any authorized representative of the employee who 178
wishes to submit facts for the consideration of the board shall 179
be afforded reasonable opportunity to do so. After the hearing, 180
the board shall consider anew the reclassification and may order 181
the reclassification of the employee and require the director to 182
assign the employee to such appropriate classification as the 184
facts and evidence warrant. As provided in division (A) of 185
section 124.03 of the Revised Code, the board may determine the 186
most appropriate classification for the position of any employee 187
coming before the board, with or without a job audit. The board 189
shall disallow any reclassification or reassignment 190
classification of any employee when it finds that changes have 191
been made in the duties and responsibilities of any particular 192
employee for political, religious, or other unjust reasons. 193
(E)(1) Employees of each county department of job and 195
family services shall be paid a salary or wage established by the 197
board of county commissioners. The provisions of section 124.18 198
of the Revised Code concerning the standard work week apply to 199
employees of county departments of job and family services. A 200
board of county commissioners may do either of the following: 201
(a) Notwithstanding any other section of the Revised Code, 203
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supplement the sick leave, vacation leave, personal leave, and 204
other benefits of any employee of the county department of job 205
and family services of that county, if the employee is eligible 206
for the supplement under a written policy providing for the 207
supplement;
(b) Notwithstanding any other section of the Revised Code, 209
establish alternative schedules of sick leave, vacation leave, 210
personal leave, or other benefits for employees not inconsistent 211
with the provisions of a collective bargaining agreement covering 212
the affected employees. 213
(2) The provisions of division (E)(1) of this section do 215
not apply to employees for whom the state employment relations 216
board establishes appropriate bargaining units pursuant to 217
section 4117.06 of the Revised Code, except in either of the 218
following situations: 219
(a) The employees for whom the state employment relations 221
board establishes appropriate bargaining units elect no 222
representative in a board-conducted representation election. 223
(b) After the state employment relations board establishes 225
appropriate bargaining units for such employees, all employee 226
organizations withdraw from a representation election. 227
(F) With respect to officers and employees of 229
state-supported colleges and universities AND except for the 230
powers and duties of the state personnel board of review SET 231
FORTH IN SECTION 124.03 OF THE REVISED CODE, the powers, duties, 233
and functions of the department of administrative services and OF 234
the director of administrative services specified in this chapter 235
are hereby vested in and assigned to the personnel departments 236
BOARDS OF TRUSTEES of such THOSE colleges and universities, OR 237
THOSE OFFICERS TO WHOM THE BOARDS OF TRUSTEES HAVE DELEGATED 238
THESE POWERS, DUTIES, AND FUNCTIONS, subject to a periodic audit 239
and review by the director to guarantee the uniform application 240
of this granting of the director's powers, duties, and functions. 242
Upon IN EXERCISING THE POWERS, DUTIES, AND FUNCTIONS OF THE 243
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DIRECTOR, THE BOARDS OF TRUSTEES OR THE OFFICERS TO WHOM THESE 244
POWERS, DUTIES, AND FUNCTIONS WERE DELEGATED NEED NOT ESTABLISH A 245
JOB CLASSIFICATION PLAN FOR UNCLASSIFIED EMPLOYEES AND MAY 246
PROCEED UNDER SECTION 111.15 OF THE REVISED CODE WHEN EXERCISING
THE DIRECTOR'S RULE-MAKING AUTHORITY. THE ADOPTION, AMENDMENT, 247
RESCISSION, AND ENFORCEMENT OF RULES UNDER THIS DIVISION IS NOT 248
SUBJECT TO APPROVAL, DISAPPROVAL, OR MODIFICATION BY THE STATE 249
PERSONNEL BOARD OF REVIEW. NOTHING IN THIS DIVISION SHALL BE 250
CONSTRUED TO LIMIT THE RIGHT OF ANY CLASSIFIED EMPLOYEE WHO 251
POSSESSES THE RIGHT OF APPEAL TO THE STATE PERSONNEL BOARD OF
REVIEW TO CONTINUE TO POSSESS THAT RIGHT OF APPEAL. 252
UPON the DIRECTOR'S determination or finding of the misuse 255
or nonuniform application BY THE BOARD OF TRUSTEES OF OR A 256
DESIGNATED OFFICER OF A STATE-SUPPORTED COLLEGE OR UNIVERSITY of 257
this THE authority granted to the personnel department of such 259
state-supported colleges and universities UNDER THIS DIVISION, 260
the director shall order and direct the personnel functions of 261
such institution THAT STATE-SUPPORTED COLLEGE OR UNIVERSITY until 262
sections 124.01 to 124.64 of the Revised Code have been fully 264
complied with.
(G)(1) Each board of county commissioners may, by a 266
resolution adopted by a majority of its members, establish a 267
county personnel department to exercise the powers, duties, and 268
functions specified in division (G) of this section. As used in 269
division (G) of this section, "county personnel department" means 270
a county personnel department established by a board of county 271
commissioners under division (G)(1) of this section. 272
(2) Each board of county commissioners may, by a 274
resolution adopted by a majority of its members, designate the 275
county personnel department of the county to exercise the powers, 276
duties, and functions of the department of administrative 277
services and the director of administrative services specified in 278
sections 124.01 to 124.64 and Chapter 325. of the Revised Code, 279
except for the powers and duties of the state personnel board of 280
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review, which powers and duties shall not be construed as having 281
been modified or diminished in any manner by division (G)(2) of 282
this section, with respect to the employees for whom the board of 283
county commissioners is the appointing authority or co-appointing 284
authority. Upon certification of a copy of the resolution by the 285
board to the director, these powers, duties, and functions are 286
vested in and assigned to the county personnel department with 287
respect to the employees for whom the board of county 288
commissioners is the appointing authority or co-appointing 289
authority. The certification to the director shall be provided 290
not later than one hundred twenty days before the first day of 291
July of an odd-numbered year, and, following the certification, 292
the powers, duties, and functions specified in sections 124.01 to 293
124.64 and Chapter 325. of the Revised Code shall be vested in 294
and assigned to the county personnel department on that first day 295
of July. Nothing in division (G)(2) of this section shall be 296
construed to limit the right of any employee who possesses the 297
right of appeal to the state personnel board of review to 298
continue to possess that right of appeal. 299
Any board of county commissioners that has established a 301
county personnel department may contract with the department of 302
administrative services, another political subdivision, or an 303
appropriate public or private entity to provide competitive 304
testing services or other appropriate services. 305
(3) After the county personnel department of a county has 307
assumed the powers, duties, and functions of the department of 308
administrative services and the director as described in division 309
(G)(2) of this section, any elected official, board, agency, or 310
other appointing authority of that county may, upon notification 311
to the director, elect to use the services and facilities of the 312
county personnel department. Upon the acceptance by the director 313
of such notification, the county personnel department shall 314
exercise the powers, duties, and functions of the department of 315
administrative services and the director as described in division 316
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(G)(2) of this section with respect to the employees of that 317
elected official, board, agency, or other appointing authority. 318
The notification to the director shall be provided not later than 319
one hundred twenty days before the first day of July of an 320
odd-numbered year, and, following the notification, the powers, 321
duties, and functions specified in sections 124.01 to 124.64 and 322
Chapter 325. of the Revised Code with respect to the employees of 323
that elected official, board, agency, or other appointing 324
authority shall be vested in and assigned to the county personnel 325
department on that first day of July. Except for those employees 326
under the jurisdiction of the county personnel department, the 327
director shall continue to exercise these powers, duties, and 328
functions with respect to employees of the county. 329
(4) Each board of county commissioners that has 331
established a county personnel department may, by a resolution 332
adopted by a majority of its members, disband the county 333
personnel department and return to the department of 334
administrative services for the administration of sections 124.01 335
to 124.64 and Chapter 325. of the Revised Code. The board shall, 336
not later than one hundred twenty days before the first day of 337
July of an odd-numbered year, send the director a certified copy 338
of the resolution disbanding the county personnel department. 339
All powers, duties, and functions previously vested in and 340
assigned to the county personnel department shall return to the 341
director on that first day of July. 342
(5) Any elected official, board, agency, or appointing 344
authority of a county may return to the department of 345
administrative services for the administration of sections 124.01 346
to 124.64 and Chapter 325. of the Revised Code. The elected 347
official, board, agency, or appointing authority shall, not later 348
than one hundred twenty days before the first day of July of an 349
odd-numbered year, send the director a certified copy of the 350
resolution that states its decision. All powers, duties, and 351
functions previously vested in and assigned to the county 352
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personnel department with respect to the employees of that 353
elected official, board, agency, or appointing authority shall 354
return to the director on that first day of July. 355
(6) The director, by rule adopted in accordance with 357
Chapter 119. of the Revised Code, shall prescribe criteria and 358
procedures for granting to each county personnel department the 359
powers, duties, and functions of the department of administrative 360
services and the director as described in division (G)(2) of this 361
section with respect to the employees of an elected official, 362
board, agency, or other appointing authority or co-appointing 363
authority. The rules shall cover the following criteria and 364
procedures: 365
(a) The notification to the department of administrative 367
services that an elected official, board, agency, or other 368
appointing authority of a county has elected to use the services 369
and facilities of the county personnel department; 370
(b) A requirement that each county personnel department, 372
in carrying out its duties, adhere to merit system principles 373
with regard to employees of county departments of job and family 374
services, child support enforcement agencies, and public child 375
welfare agencies so that there is no threatened loss of federal 376
funding for these agencies, and a requirement that the county be 377
financially liable to the state for any loss of federal funds due 378
to the action or inaction of the county personnel department. 379
The costs associated with audits conducted to monitor compliance 380
with division (G)(6)(b) of this section shall be borne equally by 381
the department of administrative services and the county. 382
(c) The termination of services and facilities rendered by 384
the department of administrative services, to include rate 385
adjustments, time periods for termination, and other related 386
matters; 387
(d) Authorization for the director of administrative 389
services to conduct periodic audits and reviews of county 390
personnel departments to guarantee the uniform application of 391
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this granting of the director's powers, duties, and functions. 393
The costs of the audits and reviews shall be borne equally by the 394
department of administrative services and the county for which 395
the services were performed. 396
(e) The dissemination of audit findings under division 398
(G)(5)(d) of this section, any appeals process relating to 399
adverse findings by the department, and the methods whereby the 400
county personnel program will revert to the authority of the 401
director of administrative services due to misuse or nonuniform 402
application of the authority granted to the county under division 403
(G)(2) or (3) of this section. 404
(H) The director shall establish the rate and method of 406
compensation for all employees who are paid directly by warrant 407
of the auditor of state and who are serving in positions which 408
the director has determined impracticable to include in the state 409
job classification plan. This division does not apply to elected 410
officials, legislative employees, employees of the legislative 411
service commission, employees who are in the unclassified civil 412
service and exempt from collective bargaining coverage in the 413
office of the secretary of state, auditor of state, treasurer of 414
state, and attorney general, employees of the courts, employees 415
of the bureau of workers' compensation whose compensation the 416
administrator of workers' compensation establishes under division 417
(B) of section 4121.121 of the Revised Code, or employees of an 418
appointing authority authorized by law to fix the compensation of 419
those employees. 420
(I) The director shall set the rate of compensation for 422
all intermittent, interim, seasonal, temporary, emergency, and 424
casual employees who are not considered public employees under 425
section 4117.01 of the Revised Code. Such employees are not 427
entitled to receive employee benefits. This rate of compensation 428
shall be equitable in terms of the rate of employees serving in 430
the same or similar classifications. This division does not 431
apply to elected officials, legislative employees, employees of 432
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the legislative service commission, employees who are in the 433
unclassified civil service and exempt from collective bargaining 434
coverage in the office of the secretary of state, auditor of 435
state, treasurer of state, and attorney general, employees of the 436
courts, employees of the bureau of workers' compensation whose 437
compensation the administrator establishes under division (B) of 438
section 4121.121 of the Revised Code, or employees of an
appointing authority authorized by law to fix the compensation of 439
those employees.
Sec. 3341.02. (A) The government of Bowling Green state 448
university is vested in a board of eleven trustees, who shall be 449
appointed by the governor, with the advice and consent of the 450
senate. Two of the trustees shall be students at Bowling Green 451
state university, and their selection and terms shall be in 452
accordance with division (B) of this section. A majority of the 453
board constitutes a quorum. Except for the terms of student 454
members, terms of office shall be for nine years, commencing on 455
the seventeenth day of May and ending on the sixteenth day of 456
May. No person who has served a full nine-year term or more than 457
six years of such a term shall be eligible for reappointment. 458
(B) The student members of the board of trustees of 460
Bowling Green state university have no voting power on the board. 461
Student members shall not be considered as members of the board 462
in determining whether a quorum is present. Student members 463
shall not be entitled to attend executive sessions of the board. 464
The student members of the board shall be appointed by the 465
governor, with the advice and consent of the senate, from a group 466
of five candidates selected pursuant to a procedure adopted by 467
the university's student governments and approved by the 468
university's board of trustees. The initial term of office of 469
one of the student members shall commence on March 17, 1988, and 470
shall expire on March 16, 1989, and the initial term of office of 471
the other student member shall commence on March 17, 1988, and 472
expire on March 16, 1990. Thereafter AFTER THE EFFECTIVE DATE OF 473
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THIS AMENDMENT, terms OF OFFICE SHALL COMMENCE ON THE SEVENTEENTH 474
DAY OF MAY AND SHALL END ON THE SIXTEENTH DAY OF MAY. TERMS of 476
office of student members shall be for two years, each term 477
ending on the same day of the same month of the year as the term 478
it succeeds. In the event that a student member cannot fulfill 479
his THE STUDENT MEMBER'S two-year term, a replacement shall be 481
selected in the manner used for the original selection to fill 482
the unexpired term.
(C) The government of Kent state university is vested in a 484
board of eleven trustees, who shall be appointed by the governor, 485
with the advice and consent of the senate. Two of the trustees 486
shall be students at Kent state university, and their selection 487
and terms shall be in accordance with division (D) of this 488
section. A majority of the board constitutes a quorum. Except 489
for the terms of student members, terms of office shall be for 490
nine years, commencing on the seventeenth day of May and ending 491
on the sixteenth day of May. No person who has served a full 492
nine-year term or more than six years of such a term shall be 493
eligible for reappointment. 494
(D) The student members of the board of trustees of Kent 496
state university have no voting power on the board. Student 497
members shall not be considered as members of the board in 498
determining whether a quorum is present. Student members shall 499
not be entitled to attend executive sessions of the board. The 500
student members of the board shall be appointed by the governor, 501
with the advice and consent of the senate, from a group of five 502
candidates selected pursuant to a procedure adopted by the 503
university's student governments and approved by the university's 504
board of trustees. The initial term of office of one of the 505
student members shall commence on May 17, 1988, and shall expire 506
on May 16, 1989, and the initial term of office of the other 507
student member shall commence on May 17, 1988, and expire on May 508
16, 1990. Thereafter, terms of office of student members shall 509
be for two years, each term ending on the same day of the same 510
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month of the year as the term it succeeds. In the event that a 511
student member cannot fulfill his THE STUDENT MEMBER'S two-year 512
term, a replacement shall be selected to fill the unexpired term 514
in the same manner used to make the original selection. 515
(E) The trustees shall receive no compensation for their 517
services but shall be paid their reasonable necessary expenses 518
while engaged in the discharge of their official duties. 519
(F) Each trustee shall hold office from the date of his 521
appointment until the end of the term for which he THE TRUSTEE 522
was appointed. Any trustee appointed to fill a vacancy occurring 524
prior to the expiration of the term for which his THE TRUSTEE'S 525
predecessor was appointed shall hold office for the remainder of 527
such term. Any trustee shall continue in office subsequent to 528
the expiration date of his THE TRUSTEE'S term until his A 530
successor takes office, or until a period of sixty days has 532
elapsed, whichever occurs first.
Sec. 3357.10. The board of trustees of a technical college 543
district shall elect a treasurer, who is not a member of the 544
board, to serve at its pleasure. The treasurer may be the person 545
serving as secretary under section 3357.06 of the Revised Code. 546
The treasurer shall be the fiscal officer of the district and 547
shall receive and disburse all funds of the district under the 548
direction of the board. No contract of the board involving the 549
expenditure of money shall become effective until the treasurer 550
certifies that there are funds of the board otherwise 551
unappropriated sufficient to provide therefor. 552
When the treasurer of the district ceases to hold such 554
office, he THE TREASURER or his THE TREASURER'S legal 556
representatives shall deliver to the board or to his THE 557
TREASURER'S successor all moneys, books, papers, and other 558
property of the district in his THE TREASURER'S possession as 559
treasurer. In case of the death or incapacity of the treasurer, 561
his THE TREASURER'S legal representatives shall, in like manner, 563
deliver all moneys, books, papers, and other property of the 564
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district to the board or to the person named as his THE 565
TREASURER'S successor.
Any ALL FUNDS UNDER THE CONTROL OF A board of trustees of a 567
technical college district may select a depository for the funds 569
of a district, REGARDLESS OF THE SOURCE OF THE FUNDS, MAY BE 570
DEPOSITED BY THE BOARD TO ITS CREDIT IN BANKS OR TRUST COMPANIES 571
DESIGNATED BY IT. THE BANKS OR TRUST COMPANIES SHALL FURNISH
SECURITY FOR EVERY DEPOSIT TO THE EXTENT AND in the manner 572
provided in SECTION 135.18 OF THE REVISED CODE, BUT NO DEPOSIT 573
SHALL OTHERWISE BE SUBJECT TO sections 135.01 to 135.21 of the 574
Revised Code, upon the adoption of a resolution declaring such 575
intent. FUNDS DEPOSITED IN A BANK OR TRUST COMPANY MAY BE 576
DISBURSED BY THE BOARD OF TRUSTEES FOR THE USES AND PURPOSES OF 577
THE DISTRICT.
Section 2. That existing sections 124.14, 3341.02, and 579
3357.10 of the Revised Code are hereby repealed. 580
Section 3. Any student member of the board of trustees of 582
Bowling Green State University appointed under the version of 583
division (B) of section 3341.02 of the Revised Code that existed 584
prior to the effective date of this section shall continue to 585
hold the office of trustee until the sixteenth day of May of the 586
year in which that person's term would have expired under that
version. Any appointment of a student member of that board of 587
trustees made after the effective date of this section shall be 588
in accordance with division (B) of section 3341.02 as amended by 589
this act.