As Reported by the Senate Education Committee* 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 272 5
1999-2000 6
SENATORS CUPP-KEARNS-PRENTISS 8
_________________________________________________________________ 9
A B I L L
To amend sections 133.06, 135.143, 3318.01, 11
3318.011, 3318.021, 3318.03, 3318.032, 3318.04, 13
3318.05, 3318.06, 3318.08, 3318.11, 3318.13, 15
3318.14, 3318.15, 3318.31, and 3318.36; to enact
sections 3318.022, 3318.033, 3318.035, 3318.052, 16
3318.061, 3318.084, 3318.085, 3318.311, 3318.351, 17
3318.361, 3318.362, 3318.37, and 3318.38; to 18
repeal section 3318.18 of the Revised Code; and 20
to amend Sections 10 and 10.02 of Am. Sub. H.B.
282 of the 123rd General Assembly to permit any 23
school district to participate in the School 24
Building Assistance Expedited Local Partnership
Program, to codify the program to set aside 25
classroom facilities assistance moneys for low 26
wealth school districts with exceptional needs,
to require the Ohio School Facilities Commission 27
to propose a program to provide classroom
facilities assistance moneys to joint vocational 29
school districts, to establish a program to 30
provide classroom facilities assistance moneys to
school districts that have suffered natural 31
disasters, to authorize accelerated service under 32
the Classroom Facilities Assistance Program to 33
big-eight school districts, to authorize
alternative methods for school districts to 34
generate their respective shares of projects 35
under the Classroom Facilities Assistance 36
Program, to permit the Treasurer of State to 38
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enter into an agreement with two or more school
districts to pool the bonds issued by those 39
school districts to pay their portion of projects
under state classroom facilities assistance 40
programs, to make other changes to the Classroom 41
Facilities Assistance Program, and to make an 42
appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 44
Section 1. That sections 133.06, 135.143, 3318.01, 46
3318.011, 3318.021, 3318.03, 3318.032, 3318.04, 3318.05, 3318.06, 49
3318.08, 3318.11, 3318.13, 3318.14, 3318.15, 3318.31, and 3318.36 50
be amended and sections 3318.022, 3318.033, 3318.035, 3318.052, 52
3318.061, 3318.084, 3318.085, 3318.311, 3318.351, 3318.361,
3318.362, 3318.37, and 3318.38 of the Revised Code be enacted to 55
read as follows: 56
Sec. 133.06. (A) A school district shall not incur, 65
without a vote of the electors, net indebtedness that exceeds an 66
amount equal to one-tenth of one per cent of its tax valuation, 67
except as provided in divisions (G) and (H) of this section and 69
in division (C) of section 3313.372 of the Revised Code, OR AS 70
PRESCRIBED IN SECTION 3318.052 OF THE REVISED CODE. 71
(B) Except as provided in divisions (E) and (F) of this 73
section, a school district shall not incur net indebtedness that 74
exceeds an amount equal to nine per cent of its tax valuation. 75
(C) A school district shall not submit to a vote of the 77
electors the question of the issuance of securities in an amount 78
that will make the district's net indebtedness after the issuance 79
of the securities exceed an amount equal to four per cent of its 80
tax valuation, unless the superintendent of public instruction, 81
acting under policies adopted by the state board of education, 82
and the tax commissioner, acting under written policies of the 83
commissioner, consent to the submission. A request for the 84
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consents shall be made at least thirty days prior to the election 85
at which the question is to be submitted, except that the 86
superintendent of public instruction and the tax commissioner may 87
waive this thirty-day deadline or grant their consents after the 88
election if the school district shows good cause for such waiver 89
or consent after the election. 90
(D) In calculating the net indebtedness of a school 92
district, none of the following shall be considered: 93
(1) Securities issued to acquire school buses and other 95
equipment used in transporting pupils or issued pursuant to 96
division (D) of section 133.10 of the Revised Code; 97
(2) Securities issued under division (F) of this section, 99
under section 133.301 of the Revised Code, and, to the extent in 100
excess of the limitation stated in division (B) of this section, 101
under division (E) of this section; 102
(3) Indebtedness resulting from the dissolution of a joint 104
vocational school district under section 3311.217 of the Revised 105
Code, evidenced by outstanding securities of that joint 106
vocational school district; 107
(4) Loans, evidenced by any securities, received under 109
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the 110
Revised Code; 111
(5) Debt incurred under section 3313.374 of the Revised 113
Code;
(6) Debt incurred pursuant to division (B)(5) of section 116
3313.37 of the Revised Code to acquire computers and related
hardware.
(E) A school district may become a special needs district 118
as to certain securities as provided in division (E) of this 119
section. 120
(1) A board of education, by resolution, may declare its 122
school district to be a special needs district by determining 123
both of the following: 124
(a) The student population is not being adequately 126
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serviced by the existing permanent improvements of the district. 127
(b) The district cannot obtain sufficient funds by the 129
issuance of securities within the limitation of division (B) of 130
this section to provide additional or improved needed permanent 131
improvements in time to meet the needs. 132
(2) The board of education shall certify a copy of that 134
resolution to the superintendent of public instruction with a 135
statistical report showing all of the following: 136
(a) A history of and a projection of the growth of the 138
student population; 139
(b) The history of and a projection of the growth of the 141
tax valuation; 142
(c) The projected needs; 144
(d) The estimated cost of permanent improvements proposed 146
to meet such projected needs. 147
(3) The superintendent of public instruction shall certify 149
the district as an approved special needs district if the 150
superintendent finds both of the following: 151
(a) The district does not have available sufficient 153
additional funds from state or federal sources to meet the 154
projected needs. 155
(b) The projection of the potential average growth of tax 157
valuation during the next five years, according to the 158
information certified to the superintendent and any other 159
information the superintendent obtains, indicates a likelihood of 160
potential average growth of tax valuation of the district during 161
the next five years of an average of not less than three per cent 162
per year. The findings and certification of the superintendent 163
shall be conclusive. 164
(4) An approved special needs district may incur net 166
indebtedness by the issuance of securities in accordance with the 167
provisions of this chapter in an amount that does not exceed an 168
amount equal to the greater of the following: 169
(a) Nine per cent of the sum of its tax valuation plus an 171
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amount that is the product of multiplying that tax valuation by 172
the percentage by which the tax valuation has increased over the 173
tax valuation on the first day of the sixtieth month preceding 174
the month in which its board determines to submit to the electors 175
the question of issuing the proposed securities; 176
(b) Nine per cent of the sum of its tax valuation plus an 178
amount that is the product of multiplying that tax valuation by 179
the percentage, determined by the superintendent of public 180
instruction, by which that tax valuation is projected to increase 181
during the next ten years. 182
(F) A school district may issue securities for emergency 184
purposes, in a principal amount that does not exceed an amount 185
equal to three per cent of its tax valuation, as provided in this 186
division. 187
(1) A board of education, by resolution, may declare an 189
emergency if it determines both of the following: 190
(a) School buildings or other necessary school facilities 192
in the district have been wholly or partially destroyed, or 193
condemned by a constituted public authority, or that such 194
buildings or facilities are partially constructed, or so 195
constructed or planned as to require additions and improvements 196
to them before the buildings or facilities are usable for their 197
intended purpose, or that corrections to permanent improvements 198
are necessary to remove or prevent health or safety hazards. 199
(b) Existing fiscal and net indebtedness limitations make 201
adequate replacement, additions, or improvements impossible. 202
(2) Upon the declaration of an emergency, the board of 204
education may, by resolution, submit to the electors of the 205
district pursuant to section 133.18 of the Revised Code the 206
question of issuing securities for the purpose of paying the 207
cost, in excess of any insurance or condemnation proceeds 208
received by the district, of permanent improvements to respond to 209
the emergency need. 210
(3) The procedures for the election shall be as provided 212
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in section 133.18 of the Revised Code, except that: 213
(a) The form of the ballot shall describe the emergency 215
existing, refer to this division as the authority under which the 216
emergency is declared, and state that the amount of the proposed 217
securities exceeds the limitations prescribed by division (B) of 218
this section; 219
(b) The resolution required by division (B) of section 221
133.18 of the Revised Code shall be certified to the county 222
auditor and the board of elections at least seventy-five days 223
prior to the election; 224
(c) The county auditor shall advise and, not later than 226
sixty-five days before the election, confirm that advice by 227
certification to, the board of education of the information 228
required by division (C) of section 133.18 of the Revised Code; 229
(d) The board of education shall then certify its 231
resolution and the information required by division (D) of 232
section 133.18 of the Revised Code to the board of elections not 233
less than sixty days prior to the election. 234
(4) Notwithstanding division (B) of section 133.21 of the 236
Revised Code, the first principal payment of securities issued 237
under this division may be set at any date not later than sixty 238
months after the earliest possible principal payment otherwise 239
provided for in that division. 240
(G) The board of education may contract with an architect, 242
professional engineer, or other person experienced in the design 243
and implementation of energy conservation measures for an 244
analysis and recommendations pertaining to installations, 245
modifications of installations, or remodeling that would 246
significantly reduce energy consumption in buildings owned by the 247
district. The report shall include estimates of all costs of 248
such installations, modifications, or remodeling, including costs 249
of design, engineering, installation, maintenance, repairs, and 250
debt service, and estimates of the amounts by which energy 251
consumption and resultant operational and maintenance costs, as 252
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defined by the Ohio school facilities commission, would be 254
reduced.
If the board finds after receiving the report that the 256
amount of money the district would spend on such installations, 257
modifications, or remodeling is not likely to exceed the amount 258
of money it would save in energy and resultant operational and 259
maintenance costs over the ensuing fifteen years, the board may 261
submit to the commission a copy of its findings and a request for 262
approval to incur indebtedness to finance the making or 264
modification of installations or the remodeling of buildings for 265
the purpose of significantly reducing energy consumption. 266
If the commission determines that the board's findings are 269
reasonable, it shall approve the board's request. Upon receipt 270
of the commission's approval, the district may issue securities 272
without a vote of the electors in a principal amount not to 273
exceed nine-tenths of one per cent of its tax valuation for the 274
purpose of making such installations, modifications, or 275
remodeling, but the total net indebtedness of the district 276
without a vote of the electors incurred under this and all other 277
sections of the Revised Code shall not exceed one per cent of the 278
district's tax valuation. 279
So long as any securities issued under division (G) of this 282
section remain outstanding, the board of education shall monitor
the energy consumption and resultant operational and maintenance 283
costs of buildings in which installations or modifications have 285
been made or remodeling has been done pursuant to division (G) of 286
this section and shall maintain and annually update a report 288
documenting the reductions in energy consumption and resultant 289
operational and maintenance cost savings attributable to such 290
installations, modifications, or remodeling. The report shall be 291
certified by an architect or engineer independent of any person 292
that provided goods or services to the board in connection with 293
the energy conservation measures that are the subject of the 294
report. The resultant operational and maintenance cost savings 295
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shall be certified by the school district treasurer. The report 296
shall be made available to the commission upon request. 297
(H) With the consent of the superintendent of public 299
instruction, a school district may incur without a vote of the 300
electors net indebtedness that exceeds the amounts stated in 301
divisions (A) and (G) of this section for the purpose of paying 303
costs of permanent improvements, if and to the extent that both 304
of the following conditions are satisfied: 305
(1) The fiscal officer of the school district estimates 307
that receipts of the school district from payments made under or 308
pursuant to agreements entered into pursuant to section 725.02, 311
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, 312
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised 314
Code, or distributions under division (C) of section 5709.43 of 315
the Revised Code, or any combination thereof, are, after 316
accounting for any appropriate coverage requirements, sufficient 317
in time and amount, and are committed by the proceedings, to pay 318
the debt charges on the securities issued to evidence that 319
indebtedness and payable from those receipts, and the taxing 320
authority of the district confirms the fiscal officer's estimate, 321
which confirmation is approved by the superintendent of public 322
instruction;
(2) The fiscal officer of the school district certifies, 324
and the taxing authority of the district confirms, that the 325
district, at the time of the certification and confirmation, 326
reasonably expects to have sufficient revenue available for the 327
purpose of operating such permanent improvements for their 328
intended purpose upon acquisition or completion thereof, and the 329
superintendent of public instruction approves the taxing 330
authority's confirmation. 331
The maximum maturity of securities issued under division 333
(H) of this section shall be the lesser of twenty years or the 334
maximum maturity calculated under section 133.20 of the Revised 335
Code. 336
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Sec. 135.143. (A) The treasurer of state may invest or 345
execute transactions for any part or all of the interim funds of 346
the state in the following classifications of obligations: 347
(1) United States treasury bills, notes, bonds, or any 349
other obligations or securities issued by the United States 350
treasury or any other obligation guaranteed as to principal and 351
interest by the United States; 352
(2) Bonds, notes, debentures, or any other obligations or 354
securities issued by any federal government agency or 355
instrumentality; 356
(3) Bonds and other obligations of the sinking fund of the 358
state of Ohio and the Ohio public facilities commission; 359
(4)(a) Written repurchase agreements with any eligible 361
Ohio financial institution that is a member of the federal 362
reserve system or federal home loan bank or any recognized United 363
States government securities dealer, under the terms of which 364
agreement the treasurer of state purchases and the eligible 365
financial institution or dealer agrees unconditionally to 366
repurchase any of the securities that are listed in division 367
(A)(1) or (2) of this section and that will mature or are 368
redeemable within ten years from the date of purchase. The 369
market value of securities subject to these transactions must 370
exceed the principal value of the repurchase agreement by an 371
amount specified by the treasurer of state, and the securities 372
must be delivered into the custody of the treasurer of state or 373
the qualified trustee or agent designated by the treasurer of 374
state. The agreement shall contain the requirement that for each 375
transaction pursuant to the agreement, the participating 376
institution or dealer shall provide all of the following 377
information: 378
(i) The par value of the securities; 380
(ii) The type, rate, and maturity date of the securities; 382
(iii) A numerical identifier generally accepted in the 384
securities industry that designates the securities. 385
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(b) The treasurer of state also may sell any securities, 387
listed in division (A)(1) or (2) of this section, regardless of 388
maturity or time of redemption of the securities, under the same 389
terms and conditions for repurchase, provided that the securities 390
have been fully paid for and are owned by the treasurer of state 391
at the time of the sale. 392
(5) Securities lending agreements with any eligible 394
financial institution that is a member of the federal reserve 395
system or federal home loan bank or any recognized United States 396
government securities dealer, under the terms of which agreement 397
the treasurer of state lends securities and the eligible 398
financial institution or dealer agrees to simultaneously exchange 399
similar securities or cash, equal value for equal value. 400
Securities and cash received as collateral for a securities 402
lending agreement are not interim funds of the state. The 403
investment of cash collateral received pursuant to a securities 404
lending agreement may be invested only in such instruments 405
specified by the treasurer of state in accordance with a written 406
investment policy.
(6) Various forms of commercial paper issued by any 408
corporation that is incorporated under the laws of the United 409
States or a state, which such notes are rated in the two highest 410
categories by two nationally recognized rating agencies, provided 411
that the total amount invested in commercial paper at any time 412
shall not exceed five per cent of the state's total average 413
portfolio, as determined and calculated by the treasurer of 414
state; 415
(7) Bankers acceptances, maturing in two hundred seventy 417
days or less, which are eligible for purchase by the federal 418
reserve system, provided that the total amount invested in 419
bankers acceptances at any time shall not exceed ten per cent of 420
the state's total average portfolio, as determined and calculated 421
by the treasurer of state; 422
(8) Certificates of deposit in eligible institutions 424
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applying for interim moneys as provided in section 135.08 of the 425
Revised Code, including linked deposits as provided in sections 426
135.61 to 135.67 of the Revised Code, agricultural linked 427
deposits as provided in sections 135.71 to 135.76 of the Revised 428
Code, and depressed economic area linked deposits as provided in 429
sections 135.81 to 135.88 of the Revised Code; 430
(9) The state treasurer's investment pool authorized under 432
section 135.45 of the Revised Code; 433
(10) Debt interests rated investment grade by a nationally 435
recognized rating agency and issued by corporations that are 436
incorporated under the laws of the United States or a state, or 437
issued by foreign nations diplomatically recognized by the United 438
States government, or any instrument based on, derived from, or 439
related to such interests. All interest and principal shall be 440
denominated and payable in United States funds. The investments 441
made under division (A)(10) of this section shall not exceed in 442
the aggregate five per cent of the state's total average 443
portfolio, as determined and calculated by the treasurer of 444
state. The investments made under division (A)(10) of this 445
section in debt interests issued by foreign nations shall not 446
exceed in the aggregate one per cent of the state's total average 447
portfolio. The investments made under division (A)(10) of this 448
section in the debt interests of a single issuer shall not exceed 449
in the aggregate one-half of one per cent of the state's total 450
average portfolio. 451
The treasurer of state shall invest under division (A)(10) 453
of this section in a debt interest issued by a foreign nation 454
only if the debt interest is backed by the full faith and credit 455
of that foreign nation. For purposes of division (A)(10) of this 456
section, a debt interest is rated investment grade by a 457
nationally recognized rating agency if either the debt interest 458
itself or the issuer of the debt interest is rated, or is 459
implicitly rated, investment grade by a nationally recognized 460
rating agency. 461
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(11) No-load money market mutual funds consisting 463
exclusively of obligations described in division (A)(1) or (2) of 464
this section and repurchase agreements secured by such 465
obligations.; 466
(12) Obligations of a board of education issued under 468
authority of section 133.10 or 133.301 of the Revised Code; 469
(13) POOLS OF SCHOOL DISTRICT BONDS AUTHORIZED UNDER 471
SECTION 3318.085 OF THE REVISED CODE. 472
(B) Whenever, during a period of designation, the 474
treasurer of state classifies public moneys as interim moneys, 475
the treasurer of state shall notify the state board of deposit of 476
such action. Such notification shall be given within thirty days 477
after such classification and in the event the state board of 478
deposit does not concur in such classification or in the 479
investments or deposits made under this section, the board may 480
order the treasurer of state to sell or liquidate any of such 481
investments or deposits, and any such order shall specifically 482
describe the investments or deposits and fix the date upon which 483
they are to be sold or liquidated. Investments or deposits so 484
ordered to be sold or liquidated shall be sold or liquidated for 485
cash by the treasurer of state on the date fixed in such order at 486
the then current market price. Neither the treasurer of state 487
nor the members of the state board of deposit shall be held 488
accountable for any loss occasioned by sales or liquidations of 489
investments or deposits at prices lower than their cost. Any 490
loss or expense incurred in making such sales or liquidations is 491
payable as other expenses of the treasurer's office. 492
(C) If any securities or obligations invested in by the 494
treasurer of state pursuant to this section are registrable 495
either as to principal or interest, or both, such securities or 496
obligations shall be registered in the name of the treasurer of 497
state. 498
(D) The treasurer of state is responsible for the 500
safekeeping of all securities or obligations under this section. 501
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Any such securities or obligations may be deposited for 502
safekeeping as provided in section 113.05 of the Revised Code. 503
(E) Interest earned on any investments or deposits 505
authorized by this section shall be collected by the treasurer of 506
state and credited by the treasurer of state to the proper fund 507
of the state. 508
(F) Whenever investments or deposits acquired under this 510
section mature and become due and payable, the treasurer of state 511
shall present them for payment according to their tenor, and 512
shall collect the moneys payable thereon. The moneys so 513
collected shall be treated as public moneys subject to sections 514
135.01 to 135.21 of the Revised Code. 515
(G) The treasurer of state and any board of education 517
issuing obligations referred to in division (A)(12) of this 518
section OR POOLS OF BONDS REFERRED TO IN DIVISION (A)(13) OF THIS 519
SECTION may enter into an agreement providing for: 520
(1) The purchase of those obligations, INCLUDING POOLS OF 522
BONDS, by the treasurer of state on terms and subject to 524
conditions set forth in the agreement;
(2) The payment by the board of education to the treasurer 526
of state of a reasonable fee as consideration for the agreement 528
of the treasurer of state to purchase those obligations; 529
provided, however, that the treasurer of state shall not be
authorized to enter into any such agreement with the board of 530
education of a school district that has an outstanding obligation 531
with respect to a loan received under authority of section 532
3313.483 of the Revised Code.
(H) For purposes of division (G) of this section, a fee 535
shall not be considered reasonable unless it is set to recover 536
only the direct costs and a reasonable estimate of the indirect 537
costs associated with the purchasing of obligations of a school 538
board under division (G) of this section and any reselling of the 539
obligations or any interest in the obligations, including 540
interests in a fund comprised of the obligations. No money from 541
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the general revenue fund shall be used to subsidize the purchase 542
or resale of these obligations. 543
(I) All money collected by the treasurer of state from the 546
fee imposed by division (G) of this section shall be deposited to 548
the credit of the state school board obligations fund, which is 549
hereby created in the state treasury. Money credited to the fund 550
shall be used solely to pay the treasurer of state's direct and 551
indirect costs associated with purchasing and reselling 552
obligations of a board of education under division (G) of this 553
section.
Sec. 3318.01. As used in sections 3318.01 to 3318.20 of 562
the Revised Code: 563
(A) "Ohio school facilities commission" means the 566
commission created pursuant to section 3318.30 of the Revised 567
Code.
(B) "Classroom facilities" means rooms in which pupils 569
regularly assemble in public school buildings to receive 570
instruction and education and such facilities and building 571
improvements for the operation and use of such rooms as may be 572
needed in order to provide a complete educational program, and 573
may include space within which a child day-care facility or a 574
community resource center is housed. "CLASSROOM FACILITIES" 575
INCLUDES ANY SPACE NECESSARY FOR THE OPERATION OF A VOCATIONAL 576
EDUCATION PROGRAM IN ANY SCHOOL DISTRICT THAT OPERATES SUCH A 577
PROGRAM. 578
(C) "Project" means a project to construct or acquire 580
classroom facilities, or to reconstruct or make additions to 582
existing classroom facilities, to be used for housing the 583
applicable school district and its functions.
(D) "School district" means a local, exempted village, or 585
city school district as such districts are defined in Chapter 586
3311. of the Revised Code, acting as an agency of state 587
government, performing essential governmental functions of state 588
government pursuant to sections 3318.01 and 3318.20 of the 589
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Revised Code.
(E) "School district board" means the board of education 591
of a school district. 592
(F) "Net bonded indebtedness" means the difference between 594
the sum of the par value of all outstanding and unpaid bonds and 595
notes which a school district board is obligated to pay, any 597
amounts the school district is obligated to pay under 598
lease-purchase agreements entered into under section 3313.375 of 599
the Revised Code, and the par value of bonds authorized by the 600
electors but not yet issued, the proceeds of which can lawfully 601
be used for the project, and the amount held in the sinking fund 602
and other indebtedness retirement funds for their redemption. 603
Notes issued for school buses in accordance with section 3327.08 604
of the Revised Code, notes issued in anticipation of the 605
collection of current revenues, and bonds issued to pay final 606
judgments shall not be considered in calculating the net bonded 607
indebtedness.
"Net bonded indebtedness" does not include indebtedness 609
arising from the acquisition of land to provide a site for 610
classroom facilities constructed, acquired, or added to pursuant 611
to sections 3318.01 to 3318.20 of the Revised Code. 612
(G) "Board of elections" means the board of elections of 614
the county containing the most populous portion of the school 615
district. 616
(H) "County auditor" means the auditor of the county in 618
which the greatest value of taxable property of such school 619
district is located. 620
(I) "Tax duplicates" means the general tax lists and 622
duplicates prescribed by sections 319.28 and 319.29 of the 623
Revised Code. 624
(J) "Required level of indebtedness" means: 626
(1) In the case of districts in the first percentile, five 629
per cent of the district's valuation for the year preceding the 630
year in which the controlling board approved the project under 631
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section 3318.04 of the Revised Code.
(2) In the case of districts ranked in a subsequent 633
percentile, five per cent of the district's valuation for the 634
year preceding the year in which the controlling board approved 635
the project under section 3318.04 of the Revised Code, plus 6[two 636
one-hundredths of one per cent multiplied by (the percentile in 637
which the district ranks minus one)7<. 638
(K) "Required percentage of the basic project costs" means 640
one per cent of the basic project costs times the percentile in 642
which the district ranks.
(L) "Basic project cost" means a cost amount determined in 644
accordance with rules adopted under section 111.15 of the Revised 645
Code by the Ohio school facilities commission. The basic project 648
cost calculation shall take into consideration the square footage
and cost per square foot necessary for the grade levels to be 649
housed in the classroom facilities, the variation across the 650
state in construction and related costs, the cost of the 651
installation of site utilities and site preparation, the cost of 652
insuring the project until it is completed, and the professional 654
planning, administration, and design fees that a district may
have to pay to undertake a classroom facilities project. 655
"BASIC PROJECT COST" ALSO INCLUDES THE VALUE OF CLASSROOM 657
FACILITIES AUTHORIZED IN A PRE-EXISTING BOND ISSUE AS DESCRIBED 658
IN SECTION 3318.033 OF THE REVISED CODE. 659
(M) A "school district's portion of the basic project 661
cost" means the amount determined under section 3318.032 of the 662
Revised Code. 663
(N) "Child day-care facility" means space within a 666
classroom facility in which the needs of infants, toddlers, 667
preschool children, and school children are provided for by 668
persons other than the parent or guardian of such children for 669
any part of the day, including persons not employed by the school
district operating such classroom facility. 670
(O) "Community resource center" means space within a 673
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classroom facility in which comprehensive services that support 674
the needs of families and children are provided by 675
community-based social service providers. 676
(P) "Valuation" means the total value of all property in 678
the district as listed and assessed for taxation on the tax 680
duplicates.
(Q) "Percentile" means the percentile in which the 682
district is ranked pursuant to division (D) of section 3318.011 684
of the Revised Code. 685
(R) "Installation of site utilities" means the 687
installation of a site domestic water system, site fire 689
protection system, site gas distribution system, site sanitary 690
system, site storm drainage system, and site telephone and data 691
system.
(S) "Site preparation" means the earthwork necessary for 694
preparation of the building foundation system, the paved 695
pedestrian and vehicular circulation system, playgrounds on the 696
project site, and lawn and planting on the project site. 697
Sec. 3318.011. For purposes of providing assistance under 706
sections 3318.01 to 3318.20 of the Revised Code, the department 707
of education shall annually do all of the following: 708
(A) Calculate the adjusted valuation per pupil of each 710
city, local, and exempted village school district according to 711
the following formula: 712
The district's valuation per pupil - 713
6[$30,000 X (1 - the district's income factor)7<. 715
For purposes of this calculation: 717
(1) "Valuation per pupil" for a district means its average 719
taxable value, divided by its formula ADM reported under section 720
3317.03 of the Revised Code for the previous fiscal year. 722
(2) "Average taxable value" means the average of the 724
amounts certified for a district in the second, third, and fourth 725
preceding fiscal years under divisions (A)(1) and (2) of section 726
3317.021 of the Revised Code. 727
18
(3) "Income factor" has the same meaning as in section 729
3317.02 of the Revised Code. 730
(B) Calculate FOR EACH DISTRICT the three-year average OF 732
THE adjusted valuation VALUATIONS per pupil of each city, local, 734
and exempted village school CALCULATED FOR THE district for the 735
CURRENT AND TWO preceding three fiscal years; 736
(C) Rank all such districts in order of adjusted valuation 738
per pupil from the district with the lowest three-year average 739
adjusted valuation per pupil to the district with the highest 741
three-year average adjusted valuation per pupil; 742
(D) Divide such ranking into percentiles with the first 745
percentile containing the one per cent of school districts having 746
the lowest three-year average adjusted valuations per pupil and 747
the one-hundredth percentile containing the one per cent of 748
school districts having the highest three-year average adjusted 749
valuations per pupil; 750
(E) Determine the school districts that have three-year 753
average adjusted valuations per pupil that are greater than the 755
median three-year average adjusted valuation per pupil for all 756
school districts in the state;
(F) Certify the information described in divisions (A) to 759
(E) of this section to the Ohio school facilities commission. 760
Sec. 3318.021. Notwithstanding section 3318.02 of the 769
Revised Code, the Ohio school facilities commission annually may 770
conduct on-site visits to no more than five school districts in 771
the twentieth to fortieth percentiles as determined under section 773
3318.011 of the Revised Code, if a ANY SCHOOL DISTRICT WHOSE 775
district board adopts a resolution certifying to the commission 776
the board's intent to participate in the school building 778
assistance expedited local partnership program under section 779
3318.36 of the Revised Code. 780
Sec. 3318.022. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN 782
SECTION 3318.02 OF THE REVISED CODE, WITHIN TWO YEARS FOLLOWING 784
THE REQUEST OF THE SCHOOL DISTRICT, THE OHIO SCHOOL FACILITIES 785
19
COMMISSION SHALL ASSESS THE CURRENT CONDITIONS OF THE CLASSROOM 786
FACILITIES NEEDS OF ANY SCHOOL DISTRICT THAT IS NOT YET ELIGIBLE 789
FOR STATE ASSISTANCE UNDER CHAPTER 3318. OF THE REVISED CODE AND 790
THAT REQUESTS SUCH AN ASSESSMENT. THE ASSESSMENT MADE UNDER THIS 791
SECTION SHALL NOT INCLUDE A FINAL AGREEMENT BETWEEN THE SCHOOL 792
DISTRICT AND THE COMMISSION AS TO THE BASIC PROJECT COST OF THE 793
SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS. THE COMMISSION 794
SHALL NOT CONSIDER ANY REQUEST FOR AN ASSESSMENT UNDER THIS 795
SECTION THAT IS SUBMITTED SOONER THAN THE EFFECTIVE DATE OF THIS 796
SECTION.
Sec. 3318.03. Upon BEFORE CONDUCTING AN ON-SITE EVALUATION 807
OF A SCHOOL DISTRICT UNDER SECTION 3318.02 OF THE REVISED CODE, 808
AT THE REQUEST OF THE DISTRICT BOARD OF EDUCATION, THE OHIO 809
SCHOOL FACILITIES COMMISSION SHALL EXAMINE ANY CLASSROOM 810
FACILITIES NEEDS ASSESSMENT THAT HAS BEEN CONDUCTED BY THE
DISTRICT AND ANY MASTER PLAN DEVELOPED FOR MEETING THE FACILITY 812
NEEDS OF THE DISTRICT.
UPON conducting the on-site evaluation under section 815
3318.02 of the Revised Code, the Ohio school facilities 817
commission shall make a determination of all of the following: 818
(A) The needs of the school district for additional 820
classroom facilities; 821
(B) The number of classroom facilities to be included in a 824
project, INCLUDING CLASSROOM FACILITIES AUTHORIZED BY A BOND 825
ISSUE DESCRIBED IN SECTION 3318.033 OF THE REVISED CODE, and the 826
basic project cost of constructing, acquiring, reconstructing, or 828
making additions to each such facility; 829
(C) The amount of such cost that the school district can 832
supply from available funds, by the issuance of bonds previously 833
authorized by the electors of the school district the proceeds of 834
which can lawfully be used for the project, INCLUDING BONDS 835
AUTHORIZED BY THE DISTRICT'S ELECTORS AS DESCRIBED IN SECTION 836
3318.033 OF THE REVISED CODE, and by the issuance of bonds under 838
section 3318.05 of the Revised Code;
20
(D) The remaining amount of such cost that shall be 841
supplied by the state; 842
(E) If the state's portion of the basic project cost 844
exceeds forty TWENTY-FIVE million dollars, the amount of the 846
state's portion to be encumbered in accordance with section 847
3318.11 of the Revised Code in the current and subsequent fiscal 849
bienniums from funds appropriated for purposes of sections 850
3318.01 to 3318.20 of the Revised Code. 851
The commission shall make a determination in favor of 854
constructing, acquiring, reconstructing, or making additions to a 855
classroom facility only upon evidence that the proposed project 857
conforms to sound educational practice, that it is in keeping 858
with the orderly process of school district reorganization and 859
consolidation, and that the actual or projected enrollment in 860
each classroom facility proposed to be included in the project is 862
at least three hundred fifty pupils. Exceptions shall be
authorized only in those districts where topography, sparsity of 864
population, and other factors make larger schools impracticable. 866
Sections 125.81 and 153.04 of the Revised Code shall not 868
apply to classroom facilities constructed under sections 3318.01 869
to 3318.20 of the Revised Code. 870
Sec. 3318.032. (A) The portion of the basic project cost 880
supplied by the school district shall be the greater of: 882
(A)(1) The required percentage of the basic project costs, 884
determined based on the district's percentile ranking at the time 885
the controlling board approved the project under section 3318.04 887
of the Revised Code;
(B)(2) An amount necessary to raise the school district's 889
net bonded indebtedness, as of the date the controlling board 891
approved the project, to within five thousand dollars of the 892
required level of indebtedness. 893
(B) The amount of the district's share determined under 895
this section shall be calculated only as of the date the 896
controlling board approved the project, and that amount applies 897
21
throughout the one-year period permitted under section 3318.05 of 898
the Revised Code for the district's electors to approve the 899
propositions described in that section. If the amount reserved 900
and encumbered for a project is released because the electors do 901
not approve those propositions within that year, and the school 902
district later receives the controlling board's approval for the 903
project, the district's portion shall be recalculated in 904
accordance with this section as of the date of the controlling 905
board's subsequent approval.
(C) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN DIVISION 908
(A) OR (B) OF THIS SECTION, AT NO TIME SHALL A SCHOOL DISTRICT'S 909
PORTION OF THE BASIC PROJECT COST BE GREATER THAN NINETY-FIVE PER
CENT OF THE TOTAL BASIC PROJECT COST. 910
Sec. 3318.033. IF THE ELECTORS OF A SCHOOL DISTRICT HAVE 912
APPROVED THE ISSUANCE OF BONDS FOR THE ACQUISITION OF CLASSROOM 913
FACILITIES WITHIN EIGHTEEN MONTHS PRIOR TO THE SCHOOL DISTRICT 914
BOARD'S RECEIPT OF A NOTIFICATION BY THE OHIO SCHOOL FACILITIES 915
COMMISSION THAT THE SCHOOL DISTRICT IS ELIGIBLE FOR STATE 916
ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE, 917
AND IF THE CLASSROOM FACILITIES SUPPORTED BY THAT BOND MEASURE 918
COMPLY WITH THE COMMISSION'S DESIGN SPECIFICATIONS FOR A PROJECT 919
UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE, THE 920
COMMISSION SHALL INCLUDE THE VALUE OF THOSE CLASSROOM FACILITIES 921
IN THE BASIC PROJECT COST OF THE SCHOOL DISTRICT'S PROJECT 922
DETERMINED UNDER SECTION 3318.03 OF THE REVISED CODE AND SHALL 923
DEDUCT THE AMOUNT OF THE BONDS AUTHORIZED IN THAT BOND MEASURE 925
FROM THE AMOUNT OF THE SCHOOL DISTRICT'S PORTION OF THE BASIC 926
PROJECT COST AS DETERMINED UNDER SECTION 3318.032 OF THE REVISED 927
CODE.
Sec. 3318.035. (A) THIS SECTION APPLIES ONLY IF THERE IS 929
A CHANGE IN THE ASSESSMENT RATES ON GAS PIPELINES IMPOSED UNDER 930
STATE LAW. 931
(B) IF AT ANY TIME DIVISION (A) OF THIS SECTION APPLIES 933
AND IF THE CHANGE IN ASSESSMENT RATES DESCRIBED IN THAT DIVISION 935
22
AFFECTS A SCHOOL DISTRICT'S VALUATION AS DETERMINED UNDER 936
DIVISION (P) OF SECTION 3318.01 OF THE REVISED CODE BY GREATER 938
THAN TEN PER CENT AND IF THE OHIO SCHOOL FACILITIES COMMISSION 939
HAD DETERMINED THE STATE AND SCHOOL DISTRICT PORTION OF THE BASIC 940
PROJECT COST OF SUCH A DISTRICT'S PROJECT UNDER SECTION 3318.36 942
OF THE REVISED CODE PRIOR TO THAT CHANGE IN VALUATION, THE 944
COMMISSION SHALL ADJUST THE STATE AND SCHOOL DISTRICT PORTIONS OF 945
THE BASIC PROJECT COST OF THE SCHOOL DISTRICT'S PROJECT USING THE
VALUATION ALTERED BY THE CHANGE IN ASSESSMENT RATES DESCRIBED IN 946
DIVISION (A) OF THIS SECTION. 947
Sec. 3318.04. (A) If the Ohio school facilities 956
commission makes a determination under section 3318.03 of the 957
Revised Code in favor of constructing, acquiring, reconstructing, 959
or making additions to a classroom facility, the project shall be 960
conditionally approved. Such conditional approval shall be 961
submitted to the controlling board for approval thereof. The
controlling board shall forthwith approve or reject the 962
commission's determination, conditional approval, the amount of 964
the state's portion of the basic project cost, and, if the
state's portion exceeds forty TWENTY-FIVE million dollars, the 965
amount of the state's portion to be encumbered in the current 967
fiscal biennium. In the event of approval thereof by the 968
controlling board, the commission shall certify such conditional 970
approval to the school district board and shall encumber from the 971
total funds appropriated for the purpose of sections 3318.01 to
3318.20 of the Revised Code the amount of the state's portion of 972
the basic project cost or, if the state's portion exceeds forty 973
TWENTY-FIVE million dollars, the amount approved under this 975
section to be encumbered in the current fiscal biennium. 976
The basic project cost for a project approved under this 979
section shall not exceed the cost that would otherwise have to be
incurred if the classroom facilities to be constructed, acquired, 980
or reconstructed, or the additions to be made to classroom 981
facilities, under such project meet, but do not exceed, the 982
23
specifications for plans and materials for classroom facilities 983
adopted by the commission.
(B)(1) No school district shall have a project 985
conditionally approved pursuant to this section if the project 987
includes the reconstruction of, or the making of additions to, 988
any classroom facilities that were constructed, acquired, 989
reconstructed, or added to as part of SCHOOL DISTRICT HAS ALREADY 990
RECEIVED ANY ASSISTANCE FOR a project funded under any version of 991
sections 3318.01 to 3318.20 of the Revised Code, and the prior 993
project was one for which the electors of such district approved 994
a levy within the last ten TWENTY years pursuant to any version 996
of section 3318.06 of the Revised Code for purposes of qualifying 997
for the funding of that project, UNLESS THE DISTRICT DEMONSTRATES 998
TO THE SATISFACTION OF THE COMMISSION THAT THE DISTRICT HAS 1,000
EXPERIENCED SINCE APPROVAL OF ITS PRIOR PROJECT AN EXCEPTIONAL 1,001
INCREASE IN ENROLLMENT SIGNIFICANTLY ABOVE THE DISTRICT'S DESIGN 1,002
CAPACITY UNDER THAT PRIOR PROJECT AS DETERMINED BY RULE OF THE 1,003
COMMISSION.
(2) NOTWITHSTANDING DIVISION (B)(1) OF THIS SECTION, ANY 1,005
SCHOOL DISTRICT THAT RECEIVED ASSISTANCE UNDER SECTIONS 3318.01 1,006
TO 3318.20 OF THE REVISED CODE, AS THOSE SECTIONS EXISTED PRIOR 1,007
TO MAY 20, 1997, MAY RECEIVE ADDITIONAL ASSISTANCE UNDER THOSE 1,009
SECTIONS, AS THEY EXIST ON AND AFTER MAY 20, 1997, PRIOR TO THE 1,010
EXPIRATION OF THE PERIOD OF TIME REQUIRED UNDER DIVISION (B)(1) 1,011
OF THIS SECTION, IF THE PERCENTILE IN WHICH THE SCHOOL DISTRICT 1,012
IS LOCATED, AS DETERMINED UNDER SECTION 3318.011 OF THE REVISED 1,014
CODE, IS ELIGIBLE FOR ASSISTANCE AS PRESCRIBED IN SECTION 3318.02 1,016
OF THE REVISED CODE.
THE COMMISSION MAY PROVIDE ASSISTANCE UNDER SECTIONS 1,018
3318.01 TO 3318.20 OF THE REVISED CODE PURSUANT TO THIS DIVISION 1,019
TO NO MORE THAN FIVE SCHOOL DISTRICTS PER FISCAL YEAR UNTIL ALL 1,020
ELIGIBLE SCHOOL DISTRICTS HAVE RECEIVED THE ADDITIONAL ASSISTANCE 1,021
AUTHORIZED UNDER THIS DIVISION. THE COMMISSION SHALL ESTABLISH 1,022
APPLICATION PROCEDURES, DEADLINES, AND PRIORITIES FOR FUNDING 1,023
24
PROJECTS UNDER THIS DIVISION.
THE COMMISSION AT ITS DISCRETION MAY WAIVE CURRENT DESIGN 1,025
SPECIFICATIONS IT HAS ADOPTED FOR PROJECTS UNDER SECTIONS 3318.01 1,026
TO 3318.20 OF THE REVISED CODE WHEN ASSESSING AN APPLICATION FOR 1,027
ADDITIONAL ASSISTANCE UNDER THIS DIVISION FOR THE RENOVATION OF 1,028
CLASSROOM FACILITIES CONSTRUCTED OR RENOVATED UNDER A SCHOOL 1,030
DISTRICT'S PREVIOUS PROJECT. IF THE COMMISSION FINDS THAT A 1,032
SCHOOL DISTRICT'S EXISTING CLASSROOM FACILITIES ARE ADEQUATE TO 1,033
MEET ALL OF THE SCHOOL DISTRICT'S NEEDS, THE COMMISSION MAY
DETERMINE THAT NO ADDITIONAL STATE ASSISTANCE BE AWARDED TO A 1,034
SCHOOL DISTRICT UNDER THIS DIVISION. 1,035
IN ORDER FOR A SCHOOL DISTRICT TO BE ELIGIBLE TO RECEIVE 1,037
ANY ADDITIONAL ASSISTANCE UNDER THIS DIVISION, THE SCHOOL 1,038
DISTRICT ELECTORS SHALL EXTEND THE SCHOOL DISTRICT'S EXISTING 1,039
LEVY DEDICATED FOR MAINTENANCE OF CLASSROOM FACILITIES UNDER 1,040
CHAPTER 3318. OF THE REVISED CODE, PURSUANT TO SECTION 3318.061 1,042
OF THE REVISED CODE OR SHALL PROVIDE EQUIVALENT ALTERNATIVE 1,043
MAINTENANCE FUNDS AS SPECIFIED IN DIVISION (B) OF SECTION 3318.06 1,044
OF THE REVISED CODE.
Sec. 3318.05. The conditional approval of the Ohio school 1,053
facilities commission for a project shall lapse and the amount 1,055
reserved and encumbered for such project shall be released unless 1,056
the school district board accepts such conditional approval 1,057
within one hundred twenty days following the date of 1,058
certification of the conditional approval to the school district 1,059
board and the electors of the school district vote favorably on 1,061
both of the propositions described in divisions (A) and (B) of 1,062
this section within one year of the date of such certification, 1,063
except that a school district described in division (C) of this 1,064
section does not need to submit the proposition described in 1,065
division (B) of this section. The propositions described in 1,067
divisions (A) and (B) of this section shall be combined in a 1,068
single proposal. If the district board or the district's 1,069
electors fail to meet such requirements and the amount reserved 1,070
25
and encumbered for the district's project is released, the 1,071
district shall be given first priority for project funding as
such funds become available. 1,072
(A) On the question of issuing bonds of the school 1,074
district board, for the school district's portion of the basic 1,075
project cost, in an amount equal to the school district's portion 1,078
of the basic project cost LESS ANY DEDUCTION MADE UNDER SECTION 1,079
3318.033 OF THE REVISED CODE; and 1,080
(B) On the question of levying a tax the proceeds of which 1,083
shall be used to pay the cost of maintaining the classroom 1,084
facilities included in the project, except that in any year the
district's three-year average adjusted valuation per pupil is 1,085
greater than the state-wide median three-year average adjusted 1,088
valuation per pupil, one-half of the proceeds of the tax shall be 1,089
used for such maintenance and one-half of such proceeds shall be 1,090
paid to the state. Such tax shall be at the rate of NOT LESS 1,091
THAN one-half mill for each dollar of valuation until it 1,093
generates an amount not to exceed the amount of the project cost 1,095
supplied by the state, but in no case longer than FOR A PERIOD OF 1,096
twenty-three years, SUBJECT TO ANY EXTENSION APPROVED UNDER 1,098
SECTION 3318.061 OF THE REVISED CODE. 1,099
(C) If a school district has in place a tax levied under 1,101
section 5705.21 of the Revised Code for general ongoing permanent 1,102
improvements of at least two mills for each dollar of valuation 1,103
and the proceeds of such tax can be used for maintenance, the 1,104
school district need not levy the additional tax required under 1,106
division (B) of this section, provided the school district board 1,107
includes in the agreement entered into under section 3318.08 of 1,108
the Revised Code provisions earmarking an amount from the 1,109
proceeds of that permanent improvement tax for maintenance of 1,111
classroom facilities or for payments to the state equivalent to 1,113
the amount of the additional tax and for the equivalent number of 1,114
years otherwise required under this section.
(D) Proceeds of the tax to be used for maintenance of the 1,117
26
classroom facilities under either division (B) or (C) of this 1,118
section shall be deposited into a separate fund established by 1,119
the school district for such purpose.
Sec. 3318.052. NOTWITHSTANDING ANY PROVISION OF DIVISIONS 1,121
(A), (B), AND (C) OF SECTION 3318.05 OF THE REVISED CODE TO THE 1,123
CONTRARY, BY RESOLUTION ADOPTED BY A MAJORITY OF ALL ITS MEMBERS, 1,125
A SCHOOL DISTRICT BOARD MAY OPT TO APPLY THE PROCEEDS OF TAX 1,126
LEVIED UNDER SECTION 5705.21 OF THE REVISED CODE FOR GENERAL 1,127
ONGOING PERMANENT IMPROVEMENTS OR THE PROCEEDS OF SCHOOL DISTRICT 1,129
INCOME TAX LEVIED UNDER CHAPTER 5748. OF THE REVISED CODE, OR 1,130
PROCEEDS FROM A COMBINATION OF THOSE TWO TAXES, IF THE PROCEEDS 1,132
OF SUCH LEVIES MAY LAWFULLY BE USED FOR GENERAL CONSTRUCTION, 1,133
RENOVATION, REPAIR, OR MAINTENANCE OF CLASSROOM FACILITIES, IN 1,134
LIEU OF ALL OR PART OF THE BONDS AND TAX LEVIES OTHERWISE 1,136
REQUIRED UNDER DIVISIONS (A), (B), AND (C) OF SECTION 3318.05 OF 1,138
THE REVISED CODE, TO LEVERAGE BONDS ADEQUATE TO PAY ALL OR PART 1,139
OF THE SCHOOL DISTRICT PORTION OF A PROJECT UNDER SECTIONS 1,140
3318.01 TO 3318.20 OF THE REVISED CODE OR TO GENERATE AN AMOUNT 1,141
EQUIVALENT TO ALL OR PART OF THE PROCEEDS OF THE TAX REQUIRED 1,142
UNDER DIVISION (B) OF SECTION 3318.05 OF THE REVISED CODE TO BE 1,144
USED FOR MAINTENANCE OF CLASSROOM FACILITIES CONSTRUCTED, 1,146
RENOVATED, OR REPAIRED UNDER SUCH PROJECT. A SCHOOL DISTRICT 1,148
UNDERTAKING A PROJECT UNDER SECTIONS 3318.01 TO 3318.20 OF THE 1,149
REVISED CODE AND OPTING TO APPLY THE PROCEEDS OF THE TAX LEVIES 1,151
PURSUANT TO THIS SECTION SHALL BE SUBJECT TO ALL OTHER PROVISIONS 1,152
OF DIVISIONS (A), (B), AND (C) OF SECTION 3318.05 OF THE REVISED 1,154
CODE AND THE REQUIREMENT FOR A SEPARATE MAINTENANCE FUND UNDER 1,156
DIVISION (D) OF SECTION 3318.05 OF THE REVISED CODE. BONDS 1,157
ISSUED UNDER THIS SECTION SHALL BE CHAPTER 133. SECURITIES, BUT 1,159
THE ISSUANCE OF THE BONDS SHALL NOT BE SUBJECT TO A VOTE OF THE 1,160
ELECTORS OF THE SCHOOL DISTRICT AS LONG AS THE TAX LEVIES 1,161
EARMARKED FOR PAYMENT OF THE SERVICE CHARGES ON THE BONDS MAY 1,162
LAWFULLY BE USED FOR THAT PURPOSE.
NO STATE MONEYS SHALL BE RELEASED FOR A PROJECT TO WHICH 1,164
27
THIS SECTION APPLIES UNTIL THE PROCEEDS OF ANY BONDS ISSUED UNDER 1,165
THIS SECTION THAT ARE DEDICATED FOR THE PAYMENT OF THE SCHOOL 1,166
DISTRICT PORTION OF A PROJECT ARE FIRST DEPOSITED INTO THE SCHOOL 1,167
DISTRICT'S PROJECT CONSTRUCTION FUND. 1,168
Sec. 3318.06. After receipt of the conditional approval of 1,177
the Ohio school facilities commission, the school district board 1,179
by a majority of all of its members shall, if it desires to 1,180
proceed with the project, declare all of the following by 1,181
resolution:
(A) That by issuing bonds in an amount equal to the school 1,183
district's portion of the basic project cost, INCLUDING BONDS 1,185
PREVIOUSLY AUTHORIZED BY THE DISTRICT'S ELECTORS AS DESCRIBED IN 1,186
SECTION 3318.033 OF THE REVISED CODE, the district is unable to 1,187
provide adequate classroom facilities without assistance from the 1,189
state;
(B) That UNLESS THE SCHOOL DISTRICT BOARD HAS RESOLVED TO 1,191
APPLY THE PROCEEDS OF A PROPERTY TAX OR THE PROCEEDS OF AN INCOME 1,192
TAX, OR A COMBINATION OF PROCEEDS FROM SUCH TAXES, AS AUTHORIZED 1,193
UNDER SECTION 3318.052 OF THE REVISED CODE, THAT to qualify for 1,194
such state assistance it is necessary to do either of the 1,195
following:
(1) Levy a tax outside the ten-mill limitation the 1,197
proceeds of which shall be used to pay the cost of maintaining 1,199
the classroom facilities included in the project, except that in 1,200
any year the district's three-year average adjusted valuation per 1,201
pupil is greater than the statewide median three-year average 1,203
adjusted valuation per pupil, one-half of the proceeds of the tax 1,204
shall be used for such maintenance and one-half of such proceeds
shall be paid to the state; 1,205
(2) Earmark for maintenance of classroom facilities or for 1,207
payments to the state from the proceeds of an existing permanent 1,208
improvement tax levied under section 5705.21 of the Revised Code, 1,211
if such tax is of at least two mills for each dollar of valuation 1,212
and can be used for maintenance, an amount equivalent to the 1,213
28
amount of the additional tax otherwise required under this
section and sections 3318.05 and 3318.08 of the Revised Code. 1,215
(C) That the question of any tax levy specified in a 1,217
resolution described in division (B)(1) of this section, IF 1,218
REQUIRED, shall be submitted to the electors of the school 1,221
district at the next general or primary election, if there be a 1,222
general or primary election not less than seventy-five and not 1,223
more than ninety-five days after the day of the adoption of such 1,224
resolution or, if not, at a special election to be held at a time 1,225
specified in the resolution which shall be not less than 1,226
seventy-five days after the day of the adoption of the resolution 1,227
and which shall be in accordance with the requirements of section 1,228
3501.01 of the Revised Code.
Such resolution shall also state that the question of 1,231
issuing bonds of the board shall be combined in a single proposal 1,232
with the question of such tax levy. More than one election under 1,233
this section may be held in any one calendar year. Such 1,234
resolution shall specify both of the following:
(1) That the rate which it is necessary to levy shall be 1,236
at the rate of NOT LESS THAN one-half mill for each one dollar of 1,237
valuation, and that such tax shall be levied until it generates 1,240
an amount not to exceed the amount of the project cost supplied 1,242
by the state, but in no case longer than FOR A PERIOD OF 1,243
twenty-three years;
(2) That the proceeds of the tax shall be used to pay the 1,245
cost of maintaining the classroom facilities included in the 1,246
project, except in any year the district's three-year average 1,247
adjusted valuation per pupil is greater than the statewide median 1,249
three-year average adjusted valuation per pupil, one-half of the 1,250
proceeds of the tax shall be used for such maintenance and 1,251
one-half of the proceeds of the tax shall be paid to the state. 1,252
A copy of such resolution shall after its passage and not 1,254
less than seventy-five days prior to the date set therein for the 1,255
election be certified to the county board of elections. 1,256
29
The resolution of the school district board, in addition to 1,259
meeting other applicable requirements of section 133.18 of the 1,260
Revised Code, shall state that the amount of bonds to be issued 1,261
will be an amount equal to the school district's portion of the 1,262
basic project cost, and state the maximum maturity of the bonds 1,264
which, notwithstanding section 133.20 of the Revised Code, may be 1,265
any number of years not exceeding twenty-three as determined by 1,266
the board. In estimating the amount of bonds to be issued, the 1,267
board shall take into consideration the amount of moneys then in 1,268
the bond retirement fund and the amount of moneys to be collected 1,269
for and disbursed from the bond retirement fund during the 1,270
remainder of the year in which the resolution of necessity is 1,271
adopted.
Notice of the election shall include the fact that the tax 1,273
levy shall be at the rate of NOT LESS THAN one-half mill for each 1,274
one dollar of valuation, that the levy shall be made until it 1,277
generates an amount not to exceed the amount of the project cost 1,278
supplied by the state, but in no case longer than FOR A PERIOD OF 1,279
twenty-three years, and that the proceeds of the tax shall be 1,281
used to pay the cost of maintaining the classroom facilities 1,282
included in the project, except in any year the district's 1,283
three-year average adjusted valuation per pupil is greater than 1,284
the statewide median three-year average adjusted valuation per 1,285
pupil, one-half of the proceeds of the tax shall be used for such 1,287
maintenance and one-half of the proceeds of the tax shall be paid 1,288
to the state.
The form of the ballot to be used at such election shall 1,290
be: 1,291
"A majority affirmative vote is necessary for passage. 1,293
Shall bonds be issued by the ............ (here insert name 1,296
of school district) school district to pay the local share of 1,297
school construction under the State of Ohio Classroom Facilities 1,298
Assistance Program in the principal amount of ............ (here 1,299
insert principal amount of the bond issue), to be repaid annually 1,300
30
over a maximum period of ............ (here insert the maximum 1,301
number of years over which the principal of the bonds may be 1,302
paid) years, and an annual levy of property taxes be made outside 1,303
the ten-mill limitation, estimated by the county auditor to 1,304
average over the repayment period of the bond issue ............ 1,305
(here insert the number of mills estimated) mills for each one 1,306
dollar of tax valuation, which amounts to ............ (rate 1,307
expressed in cents or dollars and cents, such as "thirty-six 1,308
cents" or "$0.36") for each one hundred dollars of tax valuation 1,309
to pay the annual debt charges on the bonds and to pay debt 1,310
charges on any notes issued in anticipation of the bonds?" 1,311
and, unless the additional levy 1,312
of taxes is not required pursuant 1,313
to division (C) of section 1,314
3318.05 of the Revised Code, 1,315
"Shall an additional levy of taxes be made for a period not 1,317
to 1xceed OF twenty-three years to benefit the ............ (here 1,319
insert name of school district) school district, the proceeds of
which shall be used to pay the cost of maintaining the classroom 1,321
facilities included in the project, except that in any year the 1,323
district's three-year average adjusted valuation per pupil is 1,324
greater than the statewide median three-year average adjusted 1,325
valuation per pupil, one-half of the proceeds of the tax shall be 1,328
used for such maintenance and one-half of such proceeds shall be
paid to the state, at the rate of .......... (HERE INSERT THE 1,329
NUMBER OF MILLS, WHICH SHALL NOT BE LESS THAN one-half mill) 1,330
MILLS for each one dollar of valuation? 1,333
_______________________________________________ 1,335
FOR THE BOND ISSUE AND TAX LEVY 1,336
_______________________________________________ 1,337
AGAINST THE BOND ISSUE AND TAX LEVY 1,338
_______________________________________________ " 1,339
(D) If it is necessary for the school district to acquire 1,342
a site for the classroom facilities to be acquired pursuant to 1,343
31
sections 3318.01 to 3318.20 of the Revised Code, the district 1,344
board may propose either to issue bonds of the board or to levy a 1,345
tax to pay for the acquisition of such site, and may combine the 1,346
question of doing so with the questions specified in division (C)
of this section. Bonds issued under this division for the 1,347
purpose of acquiring a site are a general obligation of the 1,348
school district and are Chapter 133. securities. 1,349
The form of that portion of the ballot to include the 1,351
question of either issuing bonds or levying a tax for site 1,352
acquisition purposes shall be one of the following: 1,353
(1) "Shall bonds be issued by the ............ (here 1,356
insert name of the school district) school district to pay costs 1,357
of acquiring a site for classroom facilities under the State of 1,358
Ohio Classroom Facilities Assistance Program in the principal 1,360
amount of .......... (here insert principal amount of the bond 1,361
issue), to be repaid annually over a maximum period of ..........
(here insert maximum number of years over which the principal of 1,363
the bonds may be paid) years, and an annual levy of property 1,364
taxes be made outside the ten-mill limitation, estimated by the 1,365
county auditor to average over the repayment period of the bond 1,366
issue .......... (here insert number of mills) mills for each one
dollar of tax valuation, which amount to .......... (here insert 1,367
rate expressed in cents or dollars and cents, such as "thirty-six 1,368
cents" or "$0.36") for each one hundred dollars of valuation to 1,370
pay the annual debt charges on the bonds and to pay debt charges
on any notes issued in anticipation of the bonds?" 1,371
(2) "Shall an additional levy of taxes outside the 1,373
ten-mill limitation be made for the benefit of the .......... 1,374
(here insert name of the school district) .......... school 1,375
district for the purpose of acquiring a site for classroom 1,376
facilities in the sum of ......... (here insert annual amount the 1,377
levy is to produce) estimated by the county auditor to average 1,378
........ (here insert number of mills) mills for each one hundred 1,379
dollars of valuation, for a period of ......... (here insert 1,381
32
number of years the millage is to be imposed) years?" 1,382
Where it is necessary to combine the question of issuing 1,384
bonds of the school district and levying a tax as described in 1,385
division (C) of this section with the question of issuing bonds 1,386
of the school district for acquisition of a site, the question 1,387
specified in division (C) of this section to be voted on shall be 1,388
"For the Bond Issues and the Tax Levy" and "Against the Bond
Issues and the Tax Levy." 1,389
Where it is necessary to combine the question of issuing 1,391
bonds of the school district and levying a tax as described in 1,392
division (C) of this section with the question of levying a tax 1,393
for the acquisition of a site, the question specified in division 1,394
(C) of this section to be voted on shall be "For the Bond Issue 1,395
and the Tax Levies" and "Against the Bond Issue and the Tax
Levies." 1,396
If a majority of those voting upon a proposition hereunder 1,398
which includes the question of issuing bonds vote in favor 1,399
thereof, and if the agreement provided for by section 3318.08 of 1,400
the Revised Code has been entered into, the school district board 1,401
may proceed under Chapter 133. of the Revised Code, with the 1,402
issuance of bonds or bond anticipation notes in accordance with 1,403
the terms of the agreement. 1,404
Sec. 3318.061. THIS SECTION APPLIES ONLY TO SCHOOL 1,406
DISTRICTS ELIGIBLE TO RECEIVE ADDITIONAL ASSISTANCE UNDER 1,407
DIVISION (B)(2) OF SECTION 3318.04 OF THE REVISED CODE. 1,408
THE BOARD OF EDUCATION OF A SCHOOL DISTRICT IN WHICH A TAX 1,410
DESCRIBED BY DIVISION (B) OF SECTION 3318.05 AND LEVIED UNDER 1,411
SECTION 3318.06 OF THE REVISED CODE IS IN EFFECT, MAY ADOPT A 1,412
RESOLUTION BY VOTE OF A MAJORITY OF ITS MEMBERS TO EXTEND THE 1,413
TERM OF THAT TAX BEYOND THE EXPIRATION OF THAT TAX AS ORIGINALLY 1,414
APPROVED UNDER THAT SECTION. THE SCHOOL DISTRICT BOARD MAY 1,415
INCLUDE IN THE RESOLUTION A PROPOSAL TO EXTEND THE TERM OF THAT 1,416
TAX AT THE RATE OF NOT LESS THAN ONE-HALF MILL FOR EACH DOLLAR OF 1,417
VALUATION FOR A PERIOD OF TWENTY-THREE YEARS FROM THE YEAR IN 1,418
33
WHICH THE SCHOOL DISTRICT BOARD AND THE OHIO SCHOOL FACILITIES 1,419
COMMISSION ENTER INTO AN AGREEMENT UNDER DIVISION (B)(2) OF 1,420
SECTION 3318.04 OF THE REVISED CODE OR IN THE FOLLOWING YEAR, AS 1,421
SPECIFIED IN THE RESOLUTION. SUCH A RESOLUTION MAY BE ADOPTED AT 1,422
ANY TIME BEFORE SUCH AN AGREEMENT IS ENTERED INTO AND BEFORE THE 1,423
TAX LEVIED PURSUANT TO SECTION 3318.06 OF THE REVISED CODE 1,424
EXPIRES. IF THE RESOLUTION IS COMBINED WITH A RESOLUTION TO 1,425
ISSUE BONDS TO PAY THE SCHOOL DISTRICT'S PORTION OF THE BASIC 1,426
PROJECT COST, IT SHALL CONFORM WITH THE REQUIREMENTS OF DIVISIONS 1,427
(A), (B), AND (C) OF SECTION 3318.06 OF THE REVISED CODE, EXCEPT 1,430
THAT THE RESOLUTION ALSO SHALL STATE THAT THE TAX LEVY PROPOSED 1,431
IN THE RESOLUTION IS AN EXTENSION OF AN EXISTING TAX LEVIED UNDER 1,432
THAT SECTION. A RESOLUTION PROPOSING AN EXTENSION ADOPTED UNDER 1,433
THIS SECTION DOES NOT TAKE EFFECT UNTIL IT IS APPROVED BY A 1,434
MAJORITY OF ELECTORS VOTING IN FAVOR OF THE RESOLUTION AT A 1,435
GENERAL, PRIMARY, OR SPECIAL ELECTION AS PROVIDED IN THIS 1,436
SECTION.
A TAX LEVY EXTENDED UNDER THIS SECTION IS SUBJECT TO THE 1,438
SAME TERMS AND LIMITATIONS TO WHICH THE ORIGINAL TAX LEVIED UNDER 1,439
SECTION 3318.06 OF THE REVISED CODE IS SUBJECT UNDER THAT 1,440
SECTION, EXCEPT THE TERM OF THE EXTENSION SHALL BE AS SPECIFIED 1,441
IN THIS SECTION.
THE SCHOOL DISTRICT BOARD SHALL CERTIFY A COPY OF THE 1,443
RESOLUTION ADOPTED UNDER THIS SECTION TO THE PROPER COUNTY BOARD 1,444
OF ELECTIONS NOT LATER THAN SEVENTY-FIVE DAYS BEFORE THE DATE SET 1,445
IN THE RESOLUTION AS THE DATE OF THE ELECTION AT WHICH THE 1,446
QUESTION WILL BE SUBMITTED TO ELECTORS. THE NOTICE OF THE 1,447
ELECTION SHALL CONFORM WITH THE REQUIREMENTS OF DIVISION (C) OF 1,448
SECTION 3318.06 OF THE REVISED CODE, EXCEPT THAT THE NOTICE ALSO 1,449
SHALL STATE THAT THE MAINTENANCE TAX LEVY IS AN EXTENSION OF AN 1,450
EXISTING TAX LEVY. 1,451
THE FORM OF THE BALLOT SHALL BE AS FOLLOWS: 1,453
"SHALL THE EXISTING TAX LEVIED TO PAY THE COST OF 1,455
MAINTAINING CLASSROOM FACILITIES CONSTRUCTED WITH THE PROCEEDS OF 1,456
34
THE PREVIOUSLY ISSUED BONDS AT THE RATE OF .......... (HERE 1,458
INSERT THE NUMBER OF MILLS, WHICH SHALL NOT BE LESS THAN ONE-HALF 1,459
MILL) MILLS PER DOLLAR OF TAX VALUATION, BE EXTENDED UNTIL 1,461
........ (HERE INSERT THE YEAR THAT IS TWENTY-THREE YEARS AFTER 1,462
THE YEAR IN WHICH THE DISTRICT AND COMMISSION WILL ENTER INTO AN 1,463
AGREEMENT UNDER DIVISION (B)(2) OF SECTION 3318.04 OF THE REVISED 1,464
CODE OR THE FOLLOWING YEAR)?
__________________________________________________ 1,467
FOR EXTENDING THE EXISTING TAX LEVY 1,468
__________________________________________________ 1,469
AGAINST EXTENDING THE EXISTING TAX LEVY 1,470
__________________________________________________" 1,471
SECTION 3318.07 OF THE REVISED CODE APPLIES TO BALLOT 1,474
QUESTIONS UNDER THIS SECTION. 1,475
Sec. 3318.08. If the requisite favorable vote on the 1,484
election is obtained, OR IF THE SCHOOL DISTRICT BOARD HAS 1,485
RESOLVED TO APPLY THE PROCEEDS OF A PROPERTY TAX LEVY OR THE 1,486
PROCEEDS OF AN INCOME TAX, OR A COMBINATION OF PROCEEDS FROM SUCH 1,487
TAXES, AS AUTHORIZED IN SECTION 3318.052 OF THE REVISED CODE, the 1,488
Ohio school facilities commission, upon certification TO IT of 1,490
EITHER the results of the election to it OR THE RESOLUTION UNDER 1,491
SECTION 3318.052 OF THE REVISED CODE, shall enter into a written 1,492
agreement with the school district board for the construction and 1,493
sale of the project, which agreement shall include, but need not 1,494
be limited to, the following provisions:
(A) The sale and issuance of bonds or notes in 1,496
anticipation thereof, as soon as practicable after the execution 1,497
of the agreement, in an amount equal to the school district's 1,499
portion of the basic project cost, INCLUDING ANY BONDS PREVIOUSLY 1,500
AUTHORIZED BY THE DISTRICT'S ELECTORS AS DESCRIBED IN SECTION 1,501
3318.033 OF THE REVISED CODE; provided, that if at that time the 1,502
county treasurer of each county in which the school district is 1,504
located has not commenced the collection of taxes on the general 1,505
duplicate of real and public utility property for the year in 1,506
35
which the controlling board approved the project, the school 1,507
district board shall authorize the issuance of a first 1,508
installment of bond anticipation notes in an amount specified by 1,509
the agreement, which amount shall not exceed an amount necessary 1,510
to raise the net bonded indebtedness of the school district as of 1,511
the date of the controlling board's approval to within five 1,513
thousand dollars of the required level of indebtedness for the 1,514
preceding year. In the event that a first installment of bond 1,515
anticipation notes is issued, the school district board shall, as 1,516
soon as practicable after the county treasurer of each county in 1,517
which the school district is located has commenced the collection 1,518
of taxes on the general duplicate of real and public utility 1,519
property for the year in which the controlling board approved the 1,520
project, authorize the issuance of a second and final installment 1,522
of bond anticipation notes or a first and final issue of bonds. 1,523
The combined value of the first and second installment of 1,526
bond anticipation notes or the value of the first and final issue 1,527
of bonds shall be equal to the school district's portion of the 1,528
basic project cost. The proceeds of any such bonds shall be used 1,529
first to retire any bond anticipation notes. Otherwise, the 1,532
proceeds of such bonds and of any bond anticipation notes, except 1,533
the premium and accrued interest thereon, shall be deposited in 1,534
the school district's project construction fund. In determining 1,535
the amount of net bonded indebtedness for the purpose of fixing 1,536
the amount of an issue of either bonds or bond anticipation 1,537
notes, gross indebtedness shall be reduced by moneys in the bond 1,538
retirement fund only to the extent of the moneys therein on the 1,539
first day of the year preceding the year in which the controlling 1,540
board approved the project. Should there be a decrease in the 1,542
tax valuation of the school district so that the amount of 1,543
indebtedness that can be incurred on the tax duplicates for the 1,545
year in which the controlling board approved the project is less 1,547
than the amount of the first installment of bond anticipation 1,548
notes, there shall be paid from the school district's project 1,549
36
construction fund to the school district's bond retirement fund 1,551
to be applied against such notes an amount sufficient to cause 1,552
the net bonded indebtedness of the school district, as of the 1,553
first day of the year following the year in which the controlling 1,554
board approved the project, to be within five thousand dollars of 1,555
the required level of indebtedness for the year in which the 1,556
controlling board approved the project. The maximum amount of 1,559
indebtedness to be incurred by any school district board as its 1,560
share of the cost of the project is either an amount that will 1,561
cause its net bonded indebtedness, as of the first day of the 1,563
year following the year in which the controlling board approved 1,564
the project, to be within five thousand dollars of the required 1,565
level of indebtedness, or an amount equal to the required 1,568
percentage of the basic project costs, whichever is greater. All 1,569
bonds and bond anticipation notes shall be issued in accordance 1,570
with Chapter 133. of the Revised Code, and notes may be renewed 1,571
as provided in section 133.22 of the Revised Code. 1,572
(B)(1) The transfer of such funds of the school district 1,574
board available for the project, together with the proceeds of 1,575
the sale of the bonds or notes, except premium, accrued interest, 1,576
and interest included in the amount of the issue, to the school 1,577
district's project construction fund; 1,578
(2) IF SECTION 3318.052 OF THE REVISED CODE APPLIES, THE 1,580
EARMARKING OF THE PROCEEDS OF A TAX LEVIED UNDER SECTION 5705.21 1,581
OF THE REVISED CODE FOR GENERAL ONGOING PERMANENT IMPROVEMENTS OR 1,582
THE PROCEEDS OF A SCHOOL DISTRICT INCOME TAX LEVIED UNDER CHAPTER 1,583
5748. OF THE REVISED CODE, OR THE PROCEEDS FROM A COMBINATION OF 1,584
THOSE TWO TAXES, IN AN AMOUNT TO PAY ALL OR PART OF THE SERVICE
CHARGES ON BONDS ISSUED TO PAY THE SCHOOL DISTRICT PORTION OF THE 1,585
PROJECT AND AN AMOUNT EQUIVALENT TO ALL OR PART OF THE TAX 1,586
REQUIRED UNDER DIVISION (B) OF SECTION 3318.05 OF THE REVISED 1,588
CODE.
(C) Either IF SECTION 3318.052 OF THE REVISED CODE DOES 1,590
NOT APPLY, EITHER of the following: 1,591
37
(1) The levy of the tax authorized at the election for the 1,593
payment of maintenance costs or payments to the state, as 1,594
specified in division (B) of section 3318.05 of the Revised Code; 1,596
(2) If the school district electors have approved a 1,598
continuing tax of at least two mills for each dollar of valuation 1,599
for general ongoing permanent improvements under section 5705.21 1,601
of the Revised Code and that tax can be used for maintenance, the 1,602
earmarking of an amount of the proceeds from such tax for 1,603
maintenance of classroom facilities or payments to the state as 1,604
specified in division (B) of section 3318.05 of the Revised Code. 1,605
(D) Ownership of or interest in the project during the 1,607
period of construction, which shall be divided between the 1,608
commission and the school district board in proportion to their 1,610
respective contributions to the school district's project 1,611
construction fund; 1,612
(E) Maintenance of the state's interest in the project 1,615
until any obligations issued for the project under section 1,616
3318.26 of the Revised Code are no longer outstanding; 1,617
(F) The insurance of the project by the school district 1,619
from the time there is an insurable interest therein and so long 1,620
as the state retains any ownership or interest in the project 1,622
pursuant to division (D) of this section, in such amounts and 1,625
against such risks as the commission shall require; provided, 1,627
that the cost of any required insurance until the project is 1,628
completed shall be a part of the basic project cost;
(G) The certification by the director of budget and 1,630
management that funds are available and have been set aside to 1,631
meet the state's share of the basic project cost as approved by 1,633
the controlling board pursuant to section 3318.04 of the Revised 1,634
Code;
(H) Authorization of the school district board to 1,636
advertise for and receive construction bids for the project, for 1,637
and on behalf of the commission, and to award contracts in the 1,639
name of the state subject to approval by the commission; 1,640
38
(I) Provisions for the disbursement of moneys from the 1,642
school district's project account upon issuance by the commission 1,644
or the commission's designated representative of vouchers for 1,645
work done to be certified to the commission by the treasurer of 1,648
the school district board; 1,649
(J) Disposal of any balance left in the school district's 1,651
project construction fund upon completion of the project; 1,653
(K) Limitations upon use of the project or any part of it 1,655
so long as any obligations issued to finance the project under 1,657
section 3318.26 of the Revised Code are outstanding; 1,658
(L) Provision for vesting the state's interest in the 1,660
project to the school district board when the obligations issued 1,662
to finance the project under section 3318.26 of the Revised Code 1,663
are outstanding;
(M) Provision for deposit of an executed copy of the 1,665
agreement in the office of the commission; 1,666
(N) Provision for termination of the contract and release 1,668
of the funds encumbered at the time of the conditional approval, 1,669
if the proceeds of the sale of the bonds of the school district 1,670
board are not paid into the school district's project 1,671
construction fund and if bids for the construction of the project 1,673
have not been taken within such period after the execution of the 1,674
agreement as may be fixed by the commission; 1,675
(O) Provision for the school district to maintain the 1,677
project in accordance with a plan approved by the commission; 1,679
(P) Provision that all state funds reserved and encumbered 1,682
to pay the state share of the cost of the project pursuant to 1,683
section 3318.03 of the Revised Code be spent on the construction 1,685
or acquisition of the project prior to the expenditure of any 1,686
funds provided by the school district to pay for its share of the 1,687
project cost, unless the school district certifies to the 1,688
commission that expenditure by the school district is necessary 1,689
to maintain the tax-exempt status of notes or bonds issued by the
school district to pay for its share of the project cost in which 1,690
39
case, the school district may commit to spend, or spend, a 1,691
portion of the funds it provides; 1,692
(Q) A provision stipulating that the commission may 1,694
prohibit the district from proceeding with any project if the 1,695
commission determines that the site is not suitable for 1,696
construction purposes. The commission may perform soil tests in 1,697
its determination of whether a site is appropriate for
construction purposes. 1,698
Sec. 3318.084. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN 1,700
CHAPTER 3318. OF THE REVISED CODE, A SCHOOL DISTRICT BOARD MAY 1,702
APPLY ANY LOCAL DONATED CONTRIBUTION TOWARD THE DISTRICT'S 1,703
PORTION OF THE BASIC PROJECT COST OF A PROJECT UNDER SECTIONS 1,704
3318.01 TO 3318.20 OF THE REVISED CODE AND MAY USE SUCH LOCAL 1,705
DONATED CONTRIBUTION TO REDUCE THE AMOUNT OF BONDS THE DISTRICT 1,706
OTHERWISE MUST ISSUE IN ORDER TO RECEIVE STATE ASSISTANCE UNDER 1,707
THOSE SECTIONS. 1,708
AS USED IN THIS SECTION, "LOCAL DONATED CONTRIBUTION" MEANS 1,711
EITHER OF THE FOLLOWING:
(A) ANY MONEYS IRREVOCABLY DONATED OR GRANTED TO A SCHOOL 1,713
DISTRICT BOARD BY A SOURCE OTHER THAN THE STATE WHICH THE BOARD 1,715
HAS THE AUTHORITY TO APPLY TO THE SCHOOL DISTRICT'S PROJECT UNDER 1,716
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE AND WHICH THE 1,717
BOARD HAS PLEDGED FOR THAT PURPOSE BY RESOLUTION ADOPTED BY A
MAJORITY OF ITS MEMBERS; 1,718
(B) ANY IRREVOCABLE LETTER OF CREDIT ISSUED ON BEHALF OF A 1,720
SCHOOL DISTRICT OR ANY CASH A SCHOOL DISTRICT HAS ON HAND, 1,721
INCLUDING ANY YEAR-END OPERATING FUND BALANCES, THAT CAN BE SPENT 1,722
FOR CLASSROOM FACILITIES, EITHER OF WHICH THE SCHOOL DISTRICT 1,725
BOARD HAS ENCUMBERED FOR PAYMENT OF THE SCHOOL DISTRICT'S SHARE 1,726
OF ITS PROJECT UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED 1,727
CODE AND EITHER OF WHICH HAS BEEN APPROVED BY THE OHIO SCHOOL 1,728
FACILITIES COMMISSION IN CONSULTATION WITH THE DEPARTMENT OF
EDUCATION. 1,729
NO STATE MONEYS SHALL BE RELEASED FOR A PROJECT TO WHICH 1,731
40
THIS SECTION APPLIES UNTIL ANY DONATED LOCAL CONTRIBUTION 1,732
AUTHORIZED UNDER THIS SECTION IS FIRST DEPOSITED INTO THE SCHOOL 1,733
DISTRICT'S PROJECT CONSTRUCTION FUND. 1,734
Sec. 3318.085. (A) AS USED IN THIS SECTION, "ELIGIBLE 1,736
SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT THAT IS ELIGIBLE FOR 1,737
STATE ASSISTANCE UNDER CHAPTER 3318. OF THE REVISED CODE, AND FOR 1,738
WHICH THE AMOUNT OF BOND MONEY THAT WILL BE USED TO RAISE THE 1,740
SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT COST OF A 1,741
CLASSROOM FACILITIES PROJECT UNDER THAT CHAPTER IS NOT GREATER 1,742
THAN TEN MILLION DOLLARS.
(B) NOTWITHSTANDING ANY PROVISION OF THE REVISED CODE TO 1,746
THE CONTRARY, BEGINNING JANUARY 1, 2001, SOLELY FOR THE PURPOSE
OF ACQUIRING CLASSROOM FACILITIES UNDER ANY PROGRAM AUTHORIZED IN 1,748
CHAPTER 3318. OF THE REVISED CODE, THE BOARDS OF EDUCATION OF TWO 1,750
OR MORE ELIGIBLE SCHOOL DISTRICTS MAY ENTER INTO AN AGREEMENT 1,752
WITH THE TREASURER OF STATE, UNDER WHICH THE TREASURER OF STATE
SHALL, PURSUANT TO SECTION 135.143 OF THE REVISED CODE, COMBINE 1,753
INTO A SINGLE POOL THE BONDS THAT HAVE BEEN APPROVED FOR EACH 1,755
SCHOOL DISTRICT BY ITS ELECTORS. ANY BONDS ISSUED UNDER SUCH AN 1,756
AGREEMENT SHALL BE CHAPTER 133. SECURITIES. THE LIABILITY OF ANY 1,757
SCHOOL DISTRICT UNDER THE AGREEMENT SHALL NOT EXCEED THE AMOUNT 1,760
NECESSARY TO PAY THE PRINCIPAL AND INTEREST ON THAT SCHOOL 1,761
DISTRICT'S PORTION OF THE COST OF ACQUIRING THE CLASSROOM
FACILITIES APPROVED FOR THE SCHOOL DISTRICT UNDER CHAPTER 3318. 1,763
OF THE REVISED CODE PLUS ITS SHARE OF THE FINANCING COSTS 1,765
ASSOCIATED WITH THE ISSUANCE OF BONDS UNDER THE AGREEMENT. THE 1,766
CUMULATIVE TOTAL INDEBTEDNESS ISSUED FOR ALL SCHOOL DISTRICTS 1,767
COMBINED UNDER THE AGREEMENT SHALL NOT BE LESS THAN TEN MILLION 1,769
DOLLARS. THE AGREEMENT AND ANY BONDS ISSUED IN ACCORDANCE WITH 1,770
THE AGREEMENT SHALL HOLD THE STATE HARMLESS FOR ANY LIABILITY OR 1,771
OBLIGATION INCURRED BY A SCHOOL DISTRICT UNDER THE AGREEMENT OR 1,772
BONDS. THE TREASURER OF STATE MAY EMPLOY THE SERVICES OF A 1,773
NEGOTIATING UNDERWRITER FOR NEGOTIATION OF ANY BOND POOL UNDER
THIS SECTION. THE TREASURER OF STATE SHALL NOT ENTER INTO MORE 1,774
41
THAN TWO AGREEMENTS UNDER THIS SECTION IN ANY FISCAL YEAR. 1,775
Sec. 3318.11. For any project for which the state's 1,784
portion of the basic project cost exceeds forty TWENTY-FIVE 1,785
million dollars, the amount of state appropriations to be 1,787
encumbered for the project in each fiscal biennium shall be 1,788
determined by the Ohio school facilities commission based on the 1,789
project's estimated construction schedule for that biennium. In 1,790
each fiscal biennium subsequent to the first biennium in which 1,791
state appropriations are encumbered for the project, the project 1,792
has priority for state funds over projects for which initial
state funding is sought. 1,793
Sec. 3318.13. Notwithstanding any provision of sections 1,802
5705.27 to 5705.50 of the Revised Code, the tax to be levied on 1,803
all taxable property within a school district for the purpose of 1,804
paying the cost of maintaining the classroom facilities included 1,805
in the project or for paying the state under the agreement 1,807
provided in section 3318.08 of the Revised Code or the
supplemental agreement provided in section 3318.081 of the 1,808
Revised Code shall be included in the budget of the school 1,809
district for each year upon the certification to the county 1,810
budget commission or commissions of the county or counties in 1,811
which said school district is located, by the Ohio school 1,812
facilities commission of the balance due the state under said 1,814
agreement or supplemental agreement. Such certification shall be 1,815
made on or before the fifteenth day of July in each year. 1,816
Thereafter, the respective county budget commissions shall treat 1,817
such certification as an additional item on the tax budget for 1,818
the school district as to which such certification has been made 1,819
and shall provide for the levy therefor in the manner provided in 1,820
sections 5705.27 to 5705.50 of the Revised Code for tax levies 1,821
included directly in the budgets of the subdivisions. 1,822
The levy of taxes shall be included in the next annual tax 1,824
budget that is certified to the county budget commission after 1,825
the execution of the agreement for the project. 1,826
42
Sec. 3318.14. Notwithstanding the provision of section 1,835
321.31 of the Revised Code, immediately after each settlement 1,836
with the county auditor, on presentation of the warrant of the 1,837
county auditor therefor, the county treasurer shall pay to the 1,838
school district the proceeds of the tax levy provided in section 1,839
3318.13 of the Revised Code to be used to pay the cost of
maintaining the classroom facilities included in the project and 1,841
pay to the Ohio school facilities commission any proceeds of the 1,843
tax levy provided in section 3318.13 of the Revised Code to be 1,844
paid to the state.
Sec. 3318.15. There is hereby created the public school 1,853
building fund within the state treasury consisting of all moneys 1,854
received from payments to the state pursuant to division (C) of 1,856
section 3318.08 of the Revised Code, any moneys transferred or 1,857
appropriated to the fund by the general assembly, and any grants, 1,858
gifts, or contributions received by the Ohio school facilities 1,859
commission to be used for the purposes of the fund. All 1,860
investment earnings of the fund shall be credited to the fund.
Moneys transferred or appropriated to the fund by the 1,862
general assembly and moneys in the fund from grants, gifts, and 1,863
contributions shall be used for the purposes of sections 3318.01 1,865
to 3318.20 of the Revised Code. The moneys in the fund received 1,866
from payments to the state pursuant to division (C) of section 1,867
3318.08 of the Revised Code shall be held in a separate account
in the fund. Such moneys may be used partially for the purposes 1,870
of sections 3318.01 to 3318.20 of the Revised Code and partially 1,872
to pay bond service charges as defined in division (C) of section 1,873
3318.21 of the Revised Code on obligations. 1,874
Sec. 3318.31. (A) The Ohio school facilities commission 1,884
may perform any act and ensure the performance of any function 1,885
necessary or appropriate to carry out the purposes of, and 1,886
exercise the powers granted under, sections 3318.01 to 3318.33 1,887
and section 3318.36 CHAPTER 3318. of the Revised Code, including 1,888
any of the following: 1,890
43
(1) Employ and fix the compensation of such employees as 1,894
will facilitate the activities and purposes of the commission, 1,895
and who shall serve at the pleasure of the commission.
(2) Adopt, amend, and rescind, pursuant to section 111.15 1,898
of the Revised Code, rules for the administration of sections 1,900
3318.01 to 3318.33 and section 3318.36 PROGRAMS AUTHORIZED UNDER 1,901
CHAPTER 3318. of the Revised Code. 1,903
(3) Contract with, retain the services of, or designate, 1,906
and fix the compensation of, such agents, accountants, 1,907
consultants, advisers, and other independent contractors as may 1,908
be necessary or desirable to carry out the purposes of sections 1,909
3318.01 to 3318.33 and section 3318.36 PROGRAMS AUTHORIZED UNDER 1,910
CHAPTER 3318. of the Revised Code. 1,911
(4) Receive and accept any gifts, grants, donations, and 1,914
pledges, and receipts therefrom, to be used for the purposes of 1,915
sections 3318.01 to 3318.33 and section 3318.36 PROGRAMS 1,916
AUTHORIZED UNDER CHAPTER 3318. of the Revised Code. 1,917
(5) Make and enter into all contracts, commitments, and 1,920
agreements, and execute all instruments, necessary or incidental 1,921
to the performance of its duties and the execution of its rights 1,922
and powers under sections 3318.01 to 3318.33 and section 3318.36 1,923
CHAPTER 3318. of the Revised Code. 1,925
(B) The attorney general shall serve as the legal 1,928
representative for the commission and may appoint other counsel
as necessary for that purpose in accordance with section 109.07 1,930
of the Revised Code. 1,931
Sec. 3318.311. NOT LESS THAN SIX MONTHS AFTER THE 1,933
EFFECTIVE DATE OF THIS SECTION, THE OHIO SCHOOL FACILITIES 1,934
COMMISSION SHALL PRESENT TO THE SPEAKER OF THE HOUSE OF 1,935
REPRESENTATIVES, THE PRESIDENT OF THE SENATE, AND THE GOVERNOR A 1,936
PROPOSAL FOR LEGISLATION TO PROVIDE CLASSROOM FACILITIES 1,937
ASSISTANCE TO JOINT VOCATIONAL SCHOOL DISTRICTS. 1,938
NOT LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS 1,941
SECTION, THE COMMISSION SHALL ESTABLISH DESIGN SPECIFICATIONS FOR
44
CLASSROOM FACILITIES THAT ARE APPROPRIATE FOR JOINT VOCATIONAL 1,943
EDUCATION PROGRAMS. THE SPECIFICATIONS SHALL PROVIDE STANDARDS 1,944
FOR APPROPRIATE PUPIL INSTRUCTION SPACE BUT SHALL NOT INCLUDE 1,945
STANDARDS FOR ANY VOCATIONAL EDUCATION FURNISHINGS OR EQUIPMENT 1,946
THAT IS NOT COMPARABLE TO, OR THE VOCATIONAL EDUCATION EQUIVALENT 1,947
OF, THE FURNISHINGS OR EQUIPMENT FOR WHICH ASSISTANCE IS 1,949
AVAILABLE TO OTHER SCHOOL DISTRICTS UNDER SECTIONS 3318.01 TO 1,950
3318.20 OF THE REVISED CODE.
Sec. 3318.351. (A) AS USED IN THIS SECTION: 1,952
(1) "CLASSROOM FACILITIES" HAS THE SAME MEANING AS IN 1,954
SECTION 3318.01 OF THE REVISED CODE. 1,955
(2) "EMERGENCY PROJECT" MEANS RECONSTRUCTION OR RENOVATION 1,957
OF OR REPAIR TO ANY CLASSROOM FACILITIES MADE NECESSARY BECAUSE 1,958
OF DAMAGE DUE TO AN ACT OF GOD. 1,959
(3) "ELIGIBLE SCHOOL DISTRICT" MEANS ANY SCHOOL DISTRICT 1,961
IN THE FIRST THROUGH ONE-HUNDREDTH PERCENTILES AS DETERMINED 1,962
UNDER SECTION 3318.011 OF THE REVISED CODE. 1,963
(B)(1) THERE IS HEREBY ESTABLISHED THE SCHOOL BUILDING 1,965
EMERGENCY ASSISTANCE PROGRAM, UNDER WHICH THE OHIO SCHOOL 1,966
FACILITIES COMMISSION SHALL DISTRIBUTE GRANTS TO ELIGIBLE SCHOOL 1,967
DISTRICTS FROM MONEYS SPECIFICALLY APPROPRIATED BY THE GENERAL 1,969
ASSEMBLY FOR THE PURPOSES OF THIS SECTION TO ASSIST IN EMERGENCY 1,970
PROJECTS. ANY ASSISTANCE UNDER THIS SECTION SHALL BE USED TO PAY 1,971
THE COST OF ONLY THE PORTION OF AN EMERGENCY PROJECT THAT IS NOT 1,972
COVERED BY INSURANCE OR OTHER PUBLIC OR PRIVATE EMERGENCY 1,973
ASSISTANCE RECEIVED BY OR PAYABLE TO THE SCHOOL DISTRICT. ANY 1,974
DAMAGE TO CLASSROOM FACILITIES CAUSED BY AGE OF THE FACILITIES OR 1,975
BY LACK OF TIMELY MAINTENANCE TO THE FACILITIES SHALL NOT 1,976
CONSTITUTE DAMAGE THAT IS SUBJECT TO ASSISTANCE UNDER THIS 1,977
SECTION. 1,978
(2) THE COMMISSION SHALL ESTABLISH PROCEDURES AND 1,980
DEADLINES FOR ELIGIBLE SCHOOL DISTRICTS TO FOLLOW IN APPLYING FOR 1,981
ASSISTANCE UNDER THIS SECTION. THE COMMISSION SHALL CONSIDER 1,982
SUCH APPLICATIONS ON A CASE-BY-CASE BASIS TAKING INTO ACCOUNT THE 1,983
45
AMOUNT OF MONEYS AVAILABLE UNDER THIS SECTION. 1,984
(3) EVERY EFFORT SHALL BE MADE TO CONFORM AN EMERGENCY 1,986
PROJECT TO DESIGN SPECIFICATIONS ADOPTED BY THE COMMISSION, 1,987
INCLUDING MINIMUM CAPACITY REQUIREMENTS ADOPTED UNDER SECTION 1,988
3318.03 OF THE REVISED CODE, UNLESS IN THE JUDGMENT OF THE 1,989
COMMISSION IT IS NOT POSSIBLE TO CONFORM THE PROJECT TO SUCH 1,990
SPECIFICATIONS.
Sec. 3318.36. (A) As used in this section: 2,000
(1) "Ohio school facilities commission," "classroom 2,002
facilities," "school district," "school district board," "net 2,003
bonded indebtedness," "required percentage of the basic project 2,004
costs," "basic project cost," "valuation," and "percentile" have 2,005
the same meanings as in section 3318.01 of the Revised Code. 2,006
(2) "Required level of indebtedness" means five per cent 2,008
of the school district's valuation for the year preceding the 2,009
year in which the commission and school district enter into an 2,010
agreement under division (B) of this section, plus [two 2,011
one-hundredths of one per cent multiplied by (the percentile in 2,012
which the district ranks in the fiscal year the commission and 2,013
the school district enter into such agreement minus one)<. 2,014
(3) "LOCAL RESOURCES" MEANS ANY MONEYS GENERATED IN ANY 2,016
MANNER PERMITTED FOR A SCHOOL DISTRICT BOARD TO RAISE THE SCHOOL 2,017
DISTRICT PORTION OF A PROJECT UNDERTAKEN WITH ASSISTANCE UNDER 2,019
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE. 2,020
(B)(1) There is hereby established the school building 2,022
assistance expedited local partnership program. Under the 2,023
program, the Ohio school facilities commission may enter into an 2,024
agreement with the school district board of any school district 2,026
ranked in the twentieth to fortieth percentiles, as determined 2,027
under section 3318.011 of the Revised Code in the fiscal year 2,028
that the commission and school district board enter into such 2,030
agreement. Under the agreement, UNDER WHICH the school district 2,032
board may proceed with the new construction or major repairs of a 2,033
part of the school district's classroom facilities needs, as 2,034
46
determined under sections 3318.01 to 3318.20 of the Revised Code, 2,035
through the expenditure of local resources prior to the school 2,036
district's eligibility for state assistance under sections 2,037
3318.01 to 3318.20 of the Revised Code and may apply that 2,038
expenditure toward meeting the school district's portion of the 2,039
basic project cost of the total of the school district's 2,041
classroom facilities needs, as determined under sections 3318.01
to 3318.20 of the Revised Code and as recalculated under division 2,042
(E) of this section, that are eligible for state assistance under 2,043
sections 3318.01 to 3318.20 of the Revised Code when the school 2,044
district becomes eligible for such state assistance. ANY SCHOOL 2,046
DISTRICT THAT IS REASONABLY EXPECTED TO RECEIVE ASSISTANCE UNDER
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE WITHIN TWO FISCAL 2,047
YEARS FROM THE DATE THE SCHOOL DISTRICT ADOPTS ITS RESOLUTION 2,048
UNDER DIVISION (B) OF THIS SECTION SHALL NOT BE ELIGIBLE TO 2,049
PARTICIPATE IN THE PROGRAM.
The commission may enter into an agreement under this 2,051
section with no more than five school districts each year. 2,052
(2) To participate in the program, a school district board 2,054
shall first adopt a resolution certifying to the commission the 2,056
board's intent to participate in the program. 2,057
The commission shall consider school districts for 2,059
participation in the program under this section each year in the 2,060
order in which they adopt the resolutions required under this 2,061
section and submit them to the commission.
THE RESOLUTION SHALL SPECIFY THE APPROXIMATE DATE THAT THE 2,063
BOARD INTENDS TO SEEK ELECTOR APPROVAL OF ANY BOND OR TAX 2,064
MEASURES OR TO APPLY OTHER LOCAL RESOURCES TO USE TO PAY THE COST 2,066
OF CLASSROOM FACILITIES TO BE CONSTRUCTED UNDER THIS SECTION. 2,067
THE RESOLUTION SHALL NOT SPECIFY AN ELECTION SOONER THAN TWELVE 2,068
MONTHS AFTER THE DATE THE RESOLUTION IS ADOPTED BY THE BOARD. 2,069
THE BOARD SHALL SUBMIT ITS RESOLUTION TO THE COMMISSION NOT LATER 2,070
THAN TEN DAYS AFTER THE DATE THE RESOLUTION IS ADOPTED BY THE 2,071
BOARD.
47
THE COMMISSION SHALL NOT CONSIDER ANY RESOLUTION THAT IS 2,073
SUBMITTED PURSUANT TO DIVISION (B)(2) OF THIS SECTION, AS AMENDED 2,074
BY THIS AMENDMENT, SOONER THAN THE EFFECTIVE DATE OF THIS 2,075
AMENDMENT.
(3) Any project under this section shall comply with 2,077
section 3318.03 of the Revised Code and with any specifications 2,078
for plans and materials for classroom facilities adopted by the 2,079
commission under section 3318.04 of the Revised Code. 2,080
(C) If the commission and a school district board enter 2,082
into an agreement authorized under division (B) of this section, 2,083
the commission shall conduct on-site visits to the school 2,084
district and shall conduct an assessment of the school district's 2,086
classroom facilities needs as authorized in section 3318.021 of 2,087
the Revised Code within six months of the execution of the 2,088
agreement. Based on the results of the on-site visits and 2,089
assessment CONDUCTED UNDER DIVISION (B)(2) OF THIS SECTION, the 2,090
commission shall determine the basic project cost of the school 2,091
district's classroom facilities needs. The commission shall 2,092
determine the school district's portion of such basic project 2,093
cost, which shall be the greater of: 2,094
(1) The required percentage of the basic project costs, 2,096
determined based on the school district's percentile ranking in 2,097
the fiscal year the commission and the school district enter into 2,098
the agreement under division (B) of this section; 2,099
(2) An amount necessary to raise the school district's net 2,101
bonded indebtedness, as of the fiscal year the commission and the 2,102
school district enter into the agreement under division (B) of 2,103
this section, to within five thousand dollars of the required 2,104
level of indebtedness.
(D)(1) When the commission determines the basic project 2,106
cost of the classroom facilities needs of a school district and 2,107
the school district's portion of that basic project cost under 2,109
division (C) of this section, the project shall be conditionally 2,110
approved. Such conditional approval shall be submitted to the 2,111
48
controlling board for approval thereof. The controlling board 2,112
shall forthwith approve or reject the commission's determination, 2,113
conditional approval, and the amount of the state's portion of 2,114
the basic project cost; however, no state funds shall be 2,115
encumbered under this section. Upon approval by the controlling 2,116
board, the school district board may identify a discrete part of 2,117
its classroom facilities needs, which shall include only new 2,118
construction of or additions or major repairs to a particular 2,119
building, to address with local resources. Upon identifying a 2,120
part of the school district's basic project cost to address with 2,121
local resources, the school district board may allocate any 2,122
available school district moneys to pay the cost of that 2,123
identified part, including the proceeds of an issuance of bonds
if approved by the electors of the school district. 2,125
All local resources utilized under this division shall 2,127
first be deposited in the project construction account required 2,128
under section 3318.08 of the Revised Code. 2,129
(2) For UNLESS THE SCHOOL DISTRICT BOARD EXERCISES ITS 2,131
OPTION UNDER DIVISION (D)(3) OF THIS SECTION, FOR a school 2,132
district to qualify for participation in the program authorized 2,134
under this section, the EITHER:
(a) THE electors of the school district by a majority vote 2,137
shall approve the levy of taxes outside the ten-mill limitation 2,138
for a period not to exceed OF twenty-three years at the rate of 2,140
NOT LESS THAN one-half mill for each dollar of valuation to be 2,141
used to pay the cost of maintaining the classroom facilities 2,142
included in the basic project cost as determined by the 2,143
commission. The form of the ballot to be used to submit the 2,146
question whether to approve the tax required under this division 2,147
to the electors of the school district shall be the form for an 2,148
additional levy of taxes prescribed in division (C) of section 2,149
3318.06 3318.361 of the Revised Code. Proceeds of this 2,150
additional levy of taxes 2,151
(b) AS AUTHORIZED UNDER DIVISION (C) OF SECTION 3318.05 OF 2,154
49
THE REVISED CODE, THE SCHOOL DISTRICT BOARD SHALL EARMARK FROM 2,156
THE PROCEEDS OF A PERMANENT IMPROVEMENT TAX LEVIED UNDER SECTION 2,157
5705.21 OF THE REVISED CODE, AN AMOUNT EQUIVALENT TO THE 2,158
ADDITIONAL TAX OTHERWISE REQUIRED UNDER DIVISION (D)(2)(a) OF 2,160
THIS SECTION FOR THE MAINTENANCE OF THE CLASSROOM FACILITIES 2,162
INCLUDED IN THE BASIC PROJECT COST AS DETERMINED BY THE 2,163
COMMISSION.
(3) A SCHOOL DISTRICT BOARD MAY OPT TO DELAY LEVYING THE 2,165
ADDITIONAL TAX REQUIRED UNDER DIVISION (D)(2)(a) OF THIS SECTION 2,167
OR EARMARKING OF THE PROCEEDS OF A PERMANENT IMPROVEMENT TAX 2,168
ALTERNATIVELY REQUIRED UNDER DIVISION (D)(2)(b) OF THIS SECTION 2,170
UNTIL SUCH TIME AS THE SCHOOL DISTRICT BECOMES ELIGIBLE FOR STATE 2,171
ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE. 2,173
IN ORDER TO EXERCISE ITS OPTION UNDER THIS DIVISION, THE BOARD 2,174
SHALL CERTIFY TO THE COMMISSION A RESOLUTION INDICATING THE
BOARD'S INTENT TO DO SO PRIOR TO ENTERING INTO AN AGREEMENT UNDER 2,176
DIVISION (B) OF THIS SECTION.
(4) IF PURSUANT TO DIVISION (D)(3) OF THIS SECTION A 2,178
DISTRICT BOARD OPTS TO DELAY LEVYING AN ADDITIONAL TAX UNTIL THE 2,180
DISTRICT BECOMES ELIGIBLE FOR STATE ASSISTANCE, IT SHALL SUBMIT 2,181
THE QUESTION OF LEVYING THAT TAX TO THE DISTRICT ELECTORS AS 2,182
FOLLOWS:
(a) IN ACCORDANCE WITH SECTION 3318.06 OF THE REVISED CODE 2,185
IF IT WILL ALSO BE NECESSARY PURSUANT TO DIVISION (E) OF THIS 2,186
SECTION TO SUBMIT A PROPOSAL FOR APPROVAL OF A BOND ISSUE; 2,187
(b) IN ACCORDANCE WITH SECTION 3318.361 OF THE REVISED 2,190
CODE IF IT IS NOT NECESSARY TO ALSO SUBMIT A PROPOSAL FOR 2,191
APPROVAL OF A BOND ISSUE PURSUANT TO DIVISION (E) OF THIS 2,192
SECTION.
(5) NO STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 2,196
OF THE REVISED CODE SHALL BE RELEASED UNTIL A SCHOOL DISTRICT 2,197
BOARD THAT ADOPTS AND CERTIFIES A RESOLUTION UNDER THIS DIVISION 2,198
EITHER HAS LEVIED THE ADDITIONAL TAX OR HAS EARMARKED THE 2,199
PROCEEDS OF A TAX AS SPECIFIED IN DIVISION (D) OF THIS SECTION. 2,200
50
ANY AMOUNT REQUIRED FOR MAINTENANCE UNDER DIVISION (D)(2) 2,202
OF THIS SECTION shall be deposited into a separate fund as 2,204
specified in division (B) of section 3318.05 of the Revised Code. 2,205
(E)(1) If the school district becomes eligible for state 2,207
assistance under sections 3318.01 to 3318.20 of the Revised Code 2,209
based on its percentile ranking as determined under division (B) 2,210
of this section, the commission shall conduct a new assessment of 2,211
the school district's classroom facilities needs and shall 2,212
recalculate the basic project cost based on this new assessment. 2,213
The basic project cost recalculated under this division shall 2,214
include the amount of expenditures made by the school district 2,215
board under division (D)(1) of this section. The commission
shall then recalculate the school district's portion of the new 2,216
basic project cost by utilizing, WHICH SHALL BE the proportion 2,217
PERCENTAGE of the original basic project cost assigned to the 2,220
school district as its portion under division (C) of this
section. The commission shall deduct the expenditure of school 2,221
district moneys made under division (D)(1) of this section from 2,223
the school district's portion of the basic project cost as
recalculated under this division. If the amount of school 2,225
district resources applied by the school district board to the
school district's portion of the basic project cost under this 2,227
section is less than the total amount of such portion as 2,228
recalculated under this division, the school district board by a 2,229
majority vote of all of its members shall, if it desires to seek 2,230
state assistance under sections 3318.01 to 3318.20 of the Revised 2,231
Code, adopt a resolution as specified in section 3318.06 of the 2,232
Revised Code to submit to the electors of the school district the 2,233
question of approval of a bond issue in order to pay any 2,234
additional amount of school district portion required for state 2,235
assistance. The ANY tax levy approved under division (D)(2) of 2,237
this section shall satisfy SATISFIES the requirements to levy the 2,238
one-half mill additional tax under section 3318.06 of the Revised 2,239
Code.
51
(2) If the amount of school district resources applied by 2,241
the school district board to the school district's portion of the 2,242
basic project cost under this section is more than the total 2,243
amount of such portion as recalculated under this division, 2,244
WITHIN ONE YEAR AFTER THE SCHOOL DISTRICT'S PORTION IS 2,245
RECALCULATED UNDER DIVISION (E)(1) OF THIS SECTION the commission 2,246
may reimburse GRANT to the school district the difference between 2,247
the two calculated portions, but at no time shall the commission 2,249
expend any state funds on a project in an amount greater than the 2,250
state's portion of the basic project cost as recalculated under 2,251
this division. 2,252
ANY REIMBURSEMENT UNDER THIS DIVISION SHALL BE ONLY FOR 2,254
LOCAL RESOURCES THE SCHOOL DISTRICT HAS APPLIED TOWARD 2,255
CONSTRUCTION COST EXPENDITURES FOR THE CLASSROOM FACILITIES 2,256
APPROVED BY THE COMMISSION, WHICH SHALL NOT INCLUDE ANY FINANCING 2,257
COSTS ASSOCIATED WITH THAT CONSTRUCTION. 2,258
THE SCHOOL DISTRICT BOARD SHALL USE ANY MONEYS REIMBURSED 2,260
TO THE DISTRICT UNDER THIS DIVISION TO PAY OFF ANY DEBT SERVICE 2,261
THE DISTRICT OWES FOR CLASSROOM FACILITIES CONSTRUCTED UNDER ITS 2,262
PROJECT UNDER THIS SECTION BEFORE SUCH MONEYS ARE APPLIED TO ANY 2,263
OTHER PURPOSE.
Sec. 3318.361. A SCHOOL DISTRICT BOARD OPTING TO QUALIFY 2,265
FOR STATE ASSISTANCE PURSUANT TO SECTION 3318.36 OF THE REVISED 2,267
CODE THROUGH LEVYING THE TAX SPECIFIED IN DIVISION (D)(2)(a) OR 2,270
(D)(4) OF THAT SECTION SHALL DECLARE BY RESOLUTION THAT THE 2,272
QUESTION OF A TAX LEVY SPECIFIED IN DIVISION (D)(2)(a) OR (4), AS 2,273
APPLICABLE, OF SECTION 3318.36 OF THE REVISED CODE SHALL BE 2,274
SUBMITTED TO THE ELECTORS OF THE SCHOOL DISTRICT AT THE NEXT 2,276
GENERAL OR PRIMARY ELECTION, IF THERE BE A GENERAL OR PRIMARY 2,277
ELECTION NOT LESS THAN SEVENTY-FIVE AND NOT MORE THAN NINETY-FIVE 2,278
DAYS AFTER THE DAY OF THE ADOPTION OF SUCH RESOLUTION OR, IF NOT, 2,279
AT A SPECIAL ELECTION TO BE HELD AT A TIME SPECIFIED IN THE 2,280
RESOLUTION WHICH SHALL BE NOT LESS THAN SEVENTY-FIVE DAYS AFTER 2,281
THE DAY OF THE ADOPTION OF THE RESOLUTION AND WHICH SHALL BE IN 2,282
52
ACCORDANCE WITH THE REQUIREMENTS OF SECTION 3501.01 OF THE 2,283
REVISED CODE. SUCH RESOLUTION SHALL SPECIFY BOTH OF THE 2,284
FOLLOWING:
(A) THAT THE RATE WHICH IT IS NECESSARY TO LEVY SHALL BE 2,286
AT THE RATE OF NOT LESS THAN ONE-HALF MILL FOR EACH ONE DOLLAR OF 2,287
VALUATION, AND THAT SUCH TAX SHALL BE LEVIED FOR A PERIOD OF 2,290
TWENTY-THREE YEARS;
(B) THAT THE PROCEEDS OF THE TAX SHALL BE USED TO PAY THE 2,292
COST OF MAINTAINING THE CLASSROOM FACILITIES INCLUDED IN THE 2,293
PROJECT.
A COPY OF SUCH RESOLUTION SHALL AFTER ITS PASSAGE AND NOT 2,295
LESS THAN SEVENTY-FIVE DAYS PRIOR TO THE DATE SET THEREIN FOR THE 2,296
ELECTION BE CERTIFIED TO THE COUNTY BOARD OF ELECTIONS. 2,297
NOTICE OF THE ELECTION SHALL INCLUDE THE FACT THAT THE TAX 2,299
LEVY SHALL BE AT THE RATE OF NOT LESS THAN ONE-HALF MILL FOR EACH 2,300
ONE DOLLAR OF VALUATION FOR A PERIOD OF TWENTY-THREE YEARS, AND 2,303
THAT THE PROCEEDS OF THE TAX SHALL BE USED TO PAY THE COST OF 2,304
MAINTAINING THE CLASSROOM FACILITIES INCLUDED IN THE PROJECT. 2,305
THE FORM OF THE BALLOT TO BE USED AT SUCH ELECTION SHALL 2,307
BE: 2,308
"SHALL A LEVY OF TAXES BE MADE FOR A PERIOD OF TWENTY-THREE 2,311
YEARS TO BENEFIT THE ............ (HERE INSERT NAME OF SCHOOL 2,312
DISTRICT) SCHOOL DISTRICT, THE PROCEEDS OF WHICH SHALL BE USED TO 2,313
PAY THE COST OF MAINTAINING THE CLASSROOM FACILITIES INCLUDED IN 2,314
THE PROJECT AT THE RATE OF .......... (HERE INSERT THE NUMBER OF 2,315
MILLS, WHICH SHALL NOT BE LESS THAN ONE-HALF MILL) MILLS FOR EACH 2,317
ONE DOLLAR OF VALUATION? 2,318
_______________________________________________ 2,320
FOR THE TAX LEVY 2,321
_______________________________________________ 2,322
AGAINST THE TAX LEVY 2,323
_______________________________________________ " 2,324
Sec. 3318.362. THIS SECTION APPLIES ONLY TO A SCHOOL 2,327
DISTRICT THAT PARTICIPATES IN THE SCHOOL BUILDING ASSISTANCE 2,328
53
EXPEDITED LOCAL PARTNERSHIP PROGRAM UNDER SECTION 3318.36 OF THE 2,329
REVISED CODE. 2,330
NOTWITHSTANDING THE TWENTY-THREE YEAR MAXIMUM MATURITY FOR 2,332
BONDS PROPOSED TO BE ISSUED BY A SCHOOL DISTRICT BOARD FOR A 2,333
CLASSROOM FACILITIES PROJECT PURSUANT TO DIVISION (C) OF SECTION 2,334
3318.06 OF THE REVISED CODE, A SCHOOL DISTRICT BOARD THAT ENTERS 2,335
INTO AN AGREEMENT WITH THE OHIO SCHOOL FACILITIES COMMISSION 2,337
UNDER DIVISION (B) OF SECTION 3318.36 OF THE REVISED CODE MAY 2,339
PROPOSE FOR ISSUANCE ANY BONDS NECESSARY FOR ITS PARTICIPATION IN 2,340
THE PROGRAM UNDER SECTION 3318.36 OF THE REVISED CODE FOR A TERM 2,341
LONGER THAN TWENTY-THREE YEARS BUT NOT TO EXCEED THE TERM 2,342
CALCULATED PURSUANT TO SECTION 133.20 OF THE REVISED CODE. ANY 2,343
MONEYS RECEIVED FROM THE STATE UNDER DIVISION (E)(2) OF SECTION 2,344
3318.36 OF THE REVISED CODE SHALL BE APPLIED, AS AGREED IN 2,346
WRITING BY THE SCHOOL DISTRICT BOARD AND THE COMMISSION, TO PAY
DEBT SERVICE ON OUTSTANDING BONDS OR BOND ANTICIPATION NOTES 2,348
ISSUED BY THE SCHOOL DISTRICT BOARD FOR ITS PARTICIPATION IN THE 2,349
EXPEDITED LOCAL PARTNERSHIP PROGRAM, INCLUDING BY PLACING THOSE 2,350
MONEYS IN AN APPLICABLE ESCROW FUND UNDER DIVISION (D) OF SECTION 2,351
133.34 OF THE REVISED CODE. 2,352
Sec. 3318.37. (A) AS USED IN THIS SECTION: 2,354
(1) "LOW WEALTH SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT 2,356
IN THE FIRST THROUGH FIFTIETH PERCENTILES AS DETERMINED UNDER 2,357
SECTION 3318.011 OF THE REVISED CODE. 2,358
(2) A "SCHOOL DISTRICT WITH AN EXCEPTIONAL NEED FOR 2,360
IMMEDIATE CLASSROOM FACILITIES ASSISTANCE" MEANS A LOW WEALTH 2,361
SCHOOL DISTRICT WITH AN EXCEPTIONAL NEED FOR NEW FACILITIES IN 2,363
ORDER TO PROTECT THE HEALTH AND SAFETY OF ALL OR A PORTION OF ITS 2,364
STUDENTS. SCHOOL DISTRICTS REASONABLY EXPECTED TO BE ELIGIBLE 2,365
FOR STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE
REVISED CODE WITHIN THREE FISCAL YEARS AFTER ASSISTANCE UNDER 2,366
THIS SECTION IS BEING CONSIDERED BY THE OHIO SCHOOL FACILITIES 2,367
COMMISSION, AND SCHOOL DISTRICTS THAT PARTICIPATE IN THE SCHOOL 2,369
BUILDING ASSISTANCE EXPEDITED LOCAL PARTNERSHIP PROGRAM UNDER 2,370
54
SECTION 3318.36 OF THE REVISED CODE SHALL NOT BE ELIGIBLE FOR 2,372
ASSISTANCE UNDER THIS SECTION. 2,373
(B)(1) THERE IS HEREBY ESTABLISHED THE EXCEPTIONAL NEEDS 2,375
SCHOOL FACILITIES ASSISTANCE PROGRAM. UNDER THE PROGRAM, THE 2,376
OHIO SCHOOL FACILITIES COMMISSION MAY SET ASIDE FROM THE MONEYS 2,377
ANNUALLY APPROPRIATED TO IT FOR CLASSROOM FACILITIES ASSISTANCE 2,379
PROJECTS UP TO TWENTY-FIVE PER CENT FOR ASSISTANCE TO SCHOOL 2,380
DISTRICTS WITH EXCEPTIONAL NEEDS FOR IMMEDIATE CLASSROOM 2,381
FACILITIES ASSISTANCE.
(2)(a) AFTER CONSULTING WITH EDUCATION AND CONSTRUCTION 2,383
EXPERTS, THE COMMISSION SHALL ADOPT GUIDELINES FOR IDENTIFYING 2,385
SCHOOL DISTRICTS WITH AN EXCEPTIONAL NEED FOR IMMEDIATE CLASSROOM 2,387
FACILITIES ASSISTANCE.
(b) THE GUIDELINES SHALL INCLUDE APPLICATION FORMS AND 2,389
INSTRUCTIONS FOR SCHOOL DISTRICTS THAT BELIEVE THEY HAVE AN 2,391
EXCEPTIONAL NEED FOR IMMEDIATE CLASSROOM FACILITIES ASSISTANCE. 2,392
(3) THE COMMISSION SHALL EVALUATE THE CLASSROOM 2,394
FACILITIES, AND THE NEED FOR REPLACEMENT CLASSROOM FACILITIES 2,395
FROM THE APPLICATIONS RECEIVED UNDER THIS SECTION. THE 2,396
COMMISSION, UTILIZING THE GUIDELINES ADOPTED UNDER DIVISION 2,397
(B)(2)(a) OF THIS SECTION, SHALL PRIORITIZE THE SCHOOL DISTRICTS 2,400
TO BE ASSESSED.
NOTWITHSTANDING SECTION 3318.02 OF THE REVISED CODE, THE 2,402
COMMISSION MAY CONDUCT ON-SITE EVALUATION OF THE SCHOOL DISTRICTS 2,404
PRIORITIZED UNDER THIS SECTION AND APPROVE AND AWARD FUNDS UNTIL
SUCH TIME AS ALL FUNDS SET ASIDE UNDER DIVISION (B)(1) OF THIS 2,406
SECTION HAVE BEEN ENCUMBERED UNDER SECTION 3318.04 OF THE REVISED 2,408
CODE.
(4) NOTWITHSTANDING DIVISION (A) OF SECTION 3318.05 OF THE 2,411
REVISED CODE, THE SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT 2,413
COST UNDER THIS SECTION SHALL BE THE "REQUIRED PERCENTAGE OF THE 2,414
BASIC PROJECT COSTS," AS DEFINED IN DIVISION (K) OF SECTION 2,415
3318.01 OF THE REVISED CODE. 2,416
(5) EXCEPT AS OTHERWISE SPECIFIED IN THIS SECTION, ANY 2,418
55
PROJECT UNDERTAKEN WITH ASSISTANCE UNDER THIS SECTION SHALL 2,419
COMPLY WITH ALL PROVISIONS OF SECTIONS 3318.01 TO 3318.20 OF THE 2,420
REVISED CODE. A SCHOOL DISTRICT MAY RECEIVE ASSISTANCE UNDER 2,422
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE FOR THE REMAINDER 2,423
OF THE DISTRICT'S CLASSROOM FACILITIES NEEDS AS ASSESSED UNDER 2,424
THIS SECTION WHEN THE DISTRICT IS ELIGIBLE FOR SUCH ASSISTANCE 2,425
PURSUANT TO SECTION 3318.02 OF THE REVISED CODE, BUT ANY 2,426
CLASSROOM FACILITY CONSTRUCTED WITH ASSISTANCE UNDER THIS SECTION 2,427
SHALL NOT BE INCLUDED IN A DISTRICT'S PROJECT AT THAT TIME UNLESS 2,428
THE COMMISSION DETERMINES THE DISTRICT HAS EXPERIENCED THE 2,429
INCREASED ENROLLMENT SPECIFIED IN DIVISION (B)(1) OF SECTION 2,430
3318.04 OF THE REVISED CODE.
Sec. 3318.38. (A) AS USED IN THIS SECTION, "BIG-EIGHT 2,432
SCHOOL DISTRICT" HAS THE SAME MEANING AS IN SECTION 3314.02 OF 2,433
THE REVISED CODE. 2,434
(B) THERE IS HEREBY ESTABLISHED THE ACCELERATED URBAN 2,436
SCHOOL BUILDING ASSISTANCE PROGRAM. UNDER THE PROGRAM, 2,437
NOTWITHSTANDING SECTION 3318.02 OF THE REVISED CODE, ANY 2,438
BIG-EIGHT SCHOOL DISTRICT THAT HAS NOT BEEN APPROVED TO RECEIVE 2,439
ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE 2,440
BY JULY 1, 2002, MAY BEGINNING ON THAT DATE APPLY FOR APPROVAL OF 2,441
AND BE APPROVED FOR SUCH ASSISTANCE. EXCEPT AS OTHERWISE 2,442
PROVIDED IN THIS SECTION, ANY PROJECT APPROVED AND UNDERTAKEN 2,444
PURSUANT TO THIS SECTION SHALL COMPLY WITH ALL PROVISIONS OF
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE. 2,445
THE OHIO SCHOOL FACILITIES COMMISSION SHALL PROVIDE 2,447
ASSISTANCE TO ANY BIG-EIGHT SCHOOL DISTRICT ELIGIBLE FOR 2,448
ASSISTANCE UNDER THIS SECTION IN THE FOLLOWING MANNER: 2,449
(1) NOTWITHSTANDING SECTION 3318.02 OF THE REVISED CODE: 2,452
(a) NOT LATER THAN JUNE 30, 2002, THE COMMISSION SHALL 2,455
CONDUCT AN ON-SITE VISIT AND SHALL ASSESS THE CLASSROOM 2,456
FACILITIES NEEDS OF EACH BIG-EIGHT SCHOOL DISTRICT ELIGIBLE FOR
ASSISTANCE UNDER THIS SECTION; 2,457
(b) BEGINNING JULY 1, 2002, ANY BIG-EIGHT SCHOOL DISTRICT 2,460
56
ELIGIBLE FOR ASSISTANCE UNDER THIS SECTION MAY APPLY TO THE 2,461
COMMISSION FOR CONDITIONAL APPROVAL OF ITS PROJECT AS DETERMINED 2,462
BY THE ASSESSMENT CONDUCTED UNDER DIVISION (B)(1)(a) OF THIS 2,463
SECTION. THE COMMISSION MAY CONDITIONALLY APPROVE THAT PROJECT 2,465
AND SUBMIT IT TO THE CONTROLLING BOARD FOR APPROVAL PURSUANT TO 2,466
SECTION 3318.04 OF THE REVISED CODE. 2,467
(2) IF THE CONTROLLING BOARD APPROVES THE PROJECT OF A 2,469
BIG-EIGHT SCHOOL DISTRICT ELIGIBLE FOR ASSISTANCE UNDER THIS 2,470
SECTION, THE COMMISSION AND THE SCHOOL DISTRICT SHALL ENTER INTO 2,471
AN AGREEMENT AS PRESCRIBED IN SECTION 3318.08 OF THE REVISED 2,472
CODE. ANY AGREEMENT EXECUTED PURSUANT TO THIS DIVISION SHALL 2,474
INCLUDE ANY APPLICABLE SEGMENTATION PROVISIONS AS APPROVED BY THE 2,475
COMMISSION UNDER DIVISION (B)(3) OF THIS SECTION. 2,476
(3) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN 2,478
SECTIONS 3318.05, 3318.06, AND 3318.08 OF THE REVISED CODE, A 2,479
BIG-EIGHT SCHOOL DISTRICT ELIGIBLE FOR ASSISTANCE UNDER THIS 2,481
SECTION MAY WITH THE APPROVAL OF THE COMMISSION OPT TO DIVIDE THE 2,482
PROJECT AS APPROVED UNDER DIVISION (B)(1)(b) OF THIS SECTION INTO 2,483
DISCRETE SEGMENTS TO BE COMPLETED SEQUENTIALLY. ANY PROJECT 2,485
DIVIDED INTO SEGMENTS SHALL COMPLY WITH ALL OTHER PROVISIONS OF 2,486
SECTIONS 3318.05, 3318.06, AND 3318.08 OF THE REVISED CODE. 2,487
IF A PROJECT IS DIVIDED INTO SEGMENTS UNDER THIS DIVISION: 2,489
(a) THE SCHOOL DISTRICT NEED RAISE ONLY THE AMOUNT EQUAL 2,491
TO ITS PROPORTIONATE SHARE, AS DETERMINED UNDER SECTION 3318.032 2,492
OF THE REVISED CODE, OF EACH SEGMENT AT ANY ONE TIME AND MAY SEEK 2,494
VOTER APPROVAL OF EACH SEGMENT SEPARATELY;
(b) THE STATE'S PROPORTIONATE SHARE, AS DETERMINED UNDER 2,496
SECTION 3318.032 OF THE REVISED CODE, OF ONLY THE SEGMENT WHICH 2,497
HAS BEEN APPROVED BY THE SCHOOL DISTRICT ELECTORS SHALL BE 2,499
ENCUMBERED AT ANY ONE TIME. ENCUMBRANCE OF ADDITIONAL AMOUNTS TO 2,500
COVER THE STATE'S PROPORTIONATE SHARE OF LATER SEGMENTS SHALL BE 2,501
APPROVED SEPARATELY AS THEY ARE APPROVED BY THE SCHOOL DISTRICT 2,502
ELECTORS. IF THE STATE'S SHARE OF ANY ONE SEGMENT EXCEEDS 2,503
TWENTY-FIVE MILLION DOLLARS, ENCUMBRANCE OF THAT SHARE IS SUBJECT 2,504
57
TO THE PROVISIONS OF SECTION 3318.11 OF THE REVISED CODE. 2,505
(c) THE ADDITIONAL TAX LEVIED UNDER DIVISION (B) OF 2,508
SECTION 3318.05 OF THE REVISED CODE SHALL NOT EXTEND BEYOND 2,509
TWENTY-THREE YEARS AFTER THE LAST SEGMENT OF THE PROJECT IS 2,511
APPROVED BY THE ELECTORS OF THE SCHOOL DISTRICT. 2,512
Section 2. That existing sections 133.06, 135.143, 2,514
3318.01, 3318.011, 3318.021, 3318.03, 3318.032, 3318.04, 3318.05, 2,517
3318.06, 3318.08, 3318.11, 3318.13, 3318.14, 3318.15, 3318.31, 2,518
and 3318.36 and section 3318.18 of the Revised Code are hereby 2,519
repealed.
Section 3. The board of education of any school district 2,521
whose electors have approved a bond issue or tax levy for the 2,522
construction of or additions or major repair to a classroom 2,523
facility within eighteen months prior to the effective date of 2,524
this section may apply the expenditures of the proceeds from such 2,525
bond issue or tax levy as local resources for purposes of the 2,526
district's participation in the School Building Assistance 2,527
Expedited Local Partnership Program under section 3318.36 of the 2,528
Revised Code, as long as the actual construction or repair work 2,529
authorized under the bond issue or tax levy has not commenced 2,530
prior to the execution of the agreement between the Ohio School 2,531
Facilities Commission and the school district board under section 2,533
3318.36 of the Revised Code and the design of the project 2,534
authorized by the bond issue or tax levy complies with 2,535
specifications of the Commission as required under division 2,536
(B)(3) of section 3318.36 of the Revised Code.
Section 4. In fiscal year 2001 only, with the approval of 2,538
the Controlling Board, the Ohio School Facilities Commission may 2,539
limit to not less than fifty-five school districts the number of 2,540
school districts with which the Commission will enter into 2,541
agreements under the School Building Assistance Expedited Local 2,542
Partnership Program pursuant to section 3318.36 of the Revised 2,543
Code, as amended by this act. The Commission shall adopt 2,544
reasonable guidelines to determine the school districts with 2,545
58
which it will enter into agreements under that section in the 2,546
event that it limits the number of such school districts pursuant 2,548
to this section and more than the specified number of school 2,549
districts apply for participation in the program in that fiscal 2,550
year.
Section 5. Notwithstanding the limitation on additional 2,552
assistance to five school districts per year as prescribed in 2,553
division (B)(2) of section 3318.04 of the Revised Code as amended 2,554
by this act, in fiscal years 2001 and 2002, the Ohio School 2,555
Facilities Commission may at its discretion provide such 2,556
additional assistance to more than five districts in any fiscal 2,557
year, provided any additional district receiving such assistance 2,558
had approved a tax levy under section 3318.06 of the Revised Code 2,559
at least ten years prior to the effective date of this section 2,560
and is located in a percentile that has received assistance under 2,561
sections 3318.01 to 3318.20 of the Revised Code since May 20, 2,562
1997, and if the Commission determines that it is necessary in 2,563
the interest of fairness to provide additional assistance to the 2,564
district because otherwise the district would be required to wait 2,565
more than ten years after its previous levy was approved to be 2,566
considered for additional assistance. 2,567
Section 6. Any school district whose agreement with the 2,569
Ohio School Facilities Commission requires that the school 2,570
district make payments to the state in an amount of one-half the 2,571
proceeds of the tax required under division (B) of section 2,572
3318.05 of the Revised Code in any year that the district's 2,573
adjusted valuation per pupil is above the statewide median 2,574
adjusted valuation per pupil shall not be required to make any 2,575
such payments to the state in any years after the effective date 2,576
of this act.
Section 7. That Sections 10 and 10.02 of Am. Sub. H.B. 282 2,578
of the 123rd General Assembly be amended to read as follows: 2,580
"Sec. 10. SFC SCHOOL FACILITIES COMMISSION 2,582
General Revenue Fund 2,584
59
GRF 230-428 Lease Rental Payments $ 55,400,000 $ 70,300,000 2,589
TOTAL GRF General Revenue Fund $ 55,400,000 $ 70,300,000 2,592
State Special Revenue Fund Group 2,595
5E3 230-644 Operating Expenses $ 2,609,726 $ 2,738,277 2,600
5,228,277 2,601
TOTAL SSR State Special Revenue 2,602
Fund Group $ 2,609,726 $ 2,738,277 2,605
5,228,277 2,606
TOTAL ALL BUDGET FUND GROUPS $ 58,009,726 $ 73,038,277 2,609
75,528,277 2,610
Lease Rental Payments 2,613
The foregoing appropriation item 230-428, Lease Rental 2,615
Payments, shall be used by the School Facilities Commission to 2,616
pay bond service charges on obligations issued pursuant to 2,617
Chapter 3318. of the Revised Code.
Operating Expenses 2,619
The foregoing appropriation item 230-644, Operating 2,621
Expenses, shall be used by the Ohio School Facilities Commission 2,622
to carry out its responsibilities pursuant to this section and 2,623
Chapter 3318. of the Revised Code. 2,624
Within ten days after the effective date of this section, 2,626
or as soon as possible thereafter, the Executive Director of the 2,627
Ohio School Facilities Commission shall certify to the Director 2,628
of Budget and Management the amount of cash to be transferred 2,629
from the School Building Assistance Fund (Fund 032) or the Public 2,630
School Building Fund (Fund 021) to the Ohio School Facilities
Commission Fund (Fund 5E3). 2,631
By July 10, 2000, the Executive Director of the Ohio School 2,633
Facilities Commission shall certify to the Director of Budget and 2,634
Management the amount of cash to be transferred from the School 2,635
Building Assistance Fund (Fund 032) or the Public School Building 2,636
Fund (Fund 021) to the Ohio School Facilities Commission Fund 2,637
(Fund 5E3).
Prior Year Encumbrances 2,639
60
At the request of the Director of the Ohio School 2,641
Facilities Commission, the Director of Budget and Management may 2,642
cancel encumbrances from fiscal years 1998 and 1999 in CAP-770, 2,643
School Building Program Assistance, and reestablish such 2,644
encumbrances or parts of encumbrances to CAP-622, Public School
Buildings, for fiscal years 2000 and 2001. Appropriations to 2,645
CAP-622 shall not be increased as a result of reestablishing such 2,646
encumbrances. An amount equal to the canceled encumbrances in 2,647
CAP-770 shall be appropriated to CAP-775. 2,648
Disability Access Projects 2,650
The unencumbered and unallotted balances as of June 30, 2,652
1999, in appropriation item 230-649, Disability Access Project, 2,653
are hereby reappropriated. The unencumbered and unallotted 2,655
balances of the appropriation at the end of fiscal year 2000 are 2,656
hereby reappropriated in fiscal year 2001 to fund capital 2,657
projects pursuant to this section. 2,658
(A) As used in this section: 2,660
(1) "Percentile" means the percentile in which a school 2,662
district is ranked according to the fiscal year 1998 ranking of 2,663
school districts with regard to income and property wealth under 2,664
division (B) of section 3318.011 of the Revised Code. 2,665
(2) "School district" means a city, local, or exempted 2,667
village school district, but excluding a school district that is 2,668
one of the state's 21 urban school districts as defined in 2,669
division (O) of section 3317.02 of the Revised Code, as that 2,670
section existed prior to July 1, 1998. 2,671
(3) "Valuation per pupil" means a district's total taxable 2,674
value as defined in section 3317.02 of the Revised Code divided 2,675
by the district's ADM as defined in division (A) of section
3317.02 of the Revised Code as that section existed prior to July 2,676
1, 1998.
(B) The School Facilities Commission shall adopt rules for 2,678
awarding grants to school districts with a valuation per pupil of 2,680
less than $200,000, to be used for construction, reconstruction,
61
or renovation projects in classroom facilities, the purpose of 2,681
which is to improve access to such facilities by physically 2,682
handicapped persons. The rules shall include application 2,683
procedures. No school district shall be awarded a grant under 2,684
this section in excess of $100,000. In addition, any school 2,685
district shall be required to pay a percentage of the cost of the 2,686
project or which the grant is being awarded equal to the 2,687
percentile in which the district is ranked. 2,688
(C) The School Facilities Commission is hereby authorized 2,690
to transfer a portion of appropriation item CAP-622, Public 2,692
School Buildings, contained in Am. Sub. H.B. No. 283 of the 123rd 2,693
General Assembly, to CAP-777, Disability Access Projects, to 2,695
provide funds to make payments resulting from the approval of 2,696
applications for disability access granted received prior to 2,697
January 1, 1999. The amounts transferred are hereby
appropriated. 2,698
Sec. 10.02. Extreme Environmental Contamination of School 2,700
Facilities 2,701
Notwithstanding the provisions of Section 26 of Am. Sub. 2,703
H.B. 850 of the 122nd General Assembly regarding eligibility for 2,704
the Exceptional Needs Pilot Program, the School Facilities 2,706
Commission may provide assistance under the Exceptional Needs 2,707
Pilot Program to any school district and not exclusively a school 2,708
district in the lowest 50 per cent of adjusted valuation per 2,709
pupil on the fiscal year 1999 ranking of school districts 2,710
established pursuant to section 3317.02 of the Revised Code, for 2,711
the purpose of the relocation or replacement of school facilities 2,712
required as a result of extreme environmental contamination. IF 2,714
IN THE ASSESSMENT OF THE SCHOOL DISTRICT'S CLASSROOM FACILITIES
NEEDS CONDUCTED UNDER THE EXCEPTIONAL NEEDS PILOT PROGRAM 2,716
PURSUANT TO SECTION OF AM. SUB. H.B. 850 OF THE 123rd GENERAL 2,719
ASSEMBLY, THE COMMISSION DETERMINES THAT ALL THE SCHOOL 2,721
DISTRICT'S CLASSROOM FACILITIES ULTIMATELY WILL REQUIRE 2,722
REPLACEMENT UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED 2,723
62
CODE, THEN THE COMMISSION MAY UNDERTAKE A DISTRICT-WIDE PROJECT 2,725
UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE. 2,726
The School Facilities Commission shall contract with an 2,728
independent environmental consultant to conduct a study and to 2,729
report to the Commission as to the seriousness of the 2,730
environmental contamination, whether the contamination violates 2,731
applicable state and federal standards, and whether the 2,732
facilities are no longer suitable for use as school facilities.
The Commission shall then make a determination regarding funding 2,733
for the relocation or replacement of the school facilities. If 2,734
the federal government or other public or private entity provides 2,735
funds for restitution of costs incurred by the state or school 2,736
district in the relocation or replacement of the school 2,737
facilities, the state and the school district shall divide USE 2,739
such funds on the basis of the relative share of total project 2,740
cost contributed by each IN EXCESS OF THE SCHOOL DISTRICT'S SHARE 2,742
TO REFUND THE STATE FOR THE STATE'S CONTRIBUTION TO THE 2,743
ENVIRONMENTAL CONTAMINATION PORTION OF THE PROJECT. THE SCHOOL 2,744
DISTRICT MAY APPLY AN AMOUNT OF SUCH RESTITUTION FUNDS UP TO AN 2,745
AMOUNT EQUAL TO THE SCHOOL DISTRICT'S PORTION OF THE PROJECT, AS 2,746
DEFINED BY THE COMMISSION, TOWARD PAYING ITS PORTION OF THAT 2,748
PROJECT TO REDUCE THE AMOUNT OF BONDS THE SCHOOL DISTRICT 2,749
OTHERWISE MUST ISSUE TO RECEIVE STATE ASSISTANCE UNDER SECTIONS 2,750
3318.01 TO 3318.20 OF THE REVISED CODE." 2,751
Section 8. That existing Sections 10 and 10.02 of Am. Sub. 2,753
H.B. 282 of the 123rd General Assembly are hereby repealed. 2,755
Section 9. Except as otherwise specifically provided in 2,757
this act, the codified and uncodified sections of law contained 2,758
in this act are subject to the referendum. Therefore, under Ohio 2,760
Constitution, Article II, Section 1c and section 1.471 of the 2,761
Revised Code, the sections take effect on the ninety-first day
after this act is filed with the Secretary of State. If, 2,762
however, a referendum petition is filed against a section, the 2,763
section, unless rejected at the referendum, takes effect at the 2,764
63
earliest time permitted by law. 2,765
Section 10. Sections 7 and 8 of this act are not subject 2,767
to the referendum. Therefore, under Ohio Constitution, Article 2,768
II, Section 1d and section 1.471 of the Revised Code, Sections 7 2,769
and 8 of this act go into immediate effect when this act becomes 2,771
law.