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           

                                                          2      


                                                                 
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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
(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          

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
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          

                                                          15     


                                                                 
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.