As Passed by the Senate* 1
123rd General Assembly 4
Regular Session Am. Sub. S. B. No. 272 5
1999-2000 6
SENATORS CUPP-KEARNS-PRENTISS-CARNES-HOTTINGER-LATTA-OELSLAGER- 8
WATTS-RAY-MUMPER-ARMBRUSTER-GARDNER-SPADA-WHITE-DRAKE 9
_________________________________________________________________ 10
A B I L L
To amend sections 133.06, 135.143, 3318.01, 12
3318.011, 3318.021, 3318.03, 3318.032, 3318.04, 14
3318.05, 3318.06, 3318.08, 3318.11, 3318.13, 16
3318.14, 3318.15, 3318.31, and 3318.36; to enact
sections 3318.022, 3318.033, 3318.035, 3318.052, 17
3318.055, 3318.061, 3318.084, 3318.085, 3318.311, 18
3318.351, 3318.361, 3318.362, 3318.37, and
3318.38; to repeal section 3318.18 of the Revised 21
Code; and to amend Sections 10 and 10.02 of Am.
Sub. H.B. 282 of the 123rd General Assembly to 24
permit any school district to participate in the 25
School Building Assistance Expedited Local
Partnership Program, to codify the program to set 26
aside classroom facilities assistance moneys for 27
low wealth school districts with exceptional
needs, to require the Ohio School Facilities 28
Commission to propose a program to provide
classroom facilities assistance moneys to joint 30
vocational school districts, to establish a
program to provide classroom facilities 31
assistance moneys to school districts that have 32
suffered natural disasters, to authorize 33
accelerated service under the Classroom
Facilities Assistance Program to big-eight school 34
districts, to authorize alternative methods for 35
school districts to generate their respective 36
shares of projects under the Classroom Facilities
2
Assistance Program, to permit the Treasurer of 38
State to enter into an agreement with two or more 39
school districts to pool the bonds issued by 40
those school districts to pay their portion of
projects under state classroom facilities 41
assistance programs, to make other changes to the 42
Classroom Facilities Assistance Program, and to 43
make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 45
Section 1. That sections 133.06, 135.143, 3318.01, 47
3318.011, 3318.021, 3318.03, 3318.032, 3318.04, 3318.05, 3318.06, 50
3318.08, 3318.11, 3318.13, 3318.14, 3318.15, 3318.31, and 3318.36 51
be amended and sections 3318.022, 3318.033, 3318.035, 3318.052, 53
3318.055, 3318.061, 3318.084, 3318.085, 3318.311, 3318.351,
3318.361, 3318.362, 3318.37, and 3318.38 of the Revised Code be 57
enacted to read as follows: 58
Sec. 133.06. (A) A school district shall not incur, 67
without a vote of the electors, net indebtedness that exceeds an 68
amount equal to one-tenth of one per cent of its tax valuation, 69
except as provided in divisions (G) and (H) of this section and 71
in division (C) of section 3313.372 of the Revised Code, OR AS 72
PRESCRIBED IN SECTION 3318.052 OF THE REVISED CODE. 73
(B) Except as provided in divisions (E) and (F) of this 75
section, a school district shall not incur net indebtedness that 76
exceeds an amount equal to nine per cent of its tax valuation. 77
(C) A school district shall not submit to a vote of the 79
electors the question of the issuance of securities in an amount 80
that will make the district's net indebtedness after the issuance 81
of the securities exceed an amount equal to four per cent of its 82
tax valuation, unless the superintendent of public instruction, 83
acting under policies adopted by the state board of education, 84
and the tax commissioner, acting under written policies of the 85
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commissioner, consent to the submission. A request for the 86
consents shall be made at least thirty days prior to the election 87
at which the question is to be submitted, except that the 88
superintendent of public instruction and the tax commissioner may 89
waive this thirty-day deadline or grant their consents after the 90
election if the school district shows good cause for such waiver 91
or consent after the election. 92
(D) In calculating the net indebtedness of a school 94
district, none of the following shall be considered: 95
(1) Securities issued to acquire school buses and other 97
equipment used in transporting pupils or issued pursuant to 98
division (D) of section 133.10 of the Revised Code; 99
(2) Securities issued under division (F) of this section, 101
under section 133.301 of the Revised Code, and, to the extent in 102
excess of the limitation stated in division (B) of this section, 103
under division (E) of this section; 104
(3) Indebtedness resulting from the dissolution of a joint 106
vocational school district under section 3311.217 of the Revised 107
Code, evidenced by outstanding securities of that joint 108
vocational school district; 109
(4) Loans, evidenced by any securities, received under 111
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the 112
Revised Code; 113
(5) Debt incurred under section 3313.374 of the Revised 115
Code;
(6) Debt incurred pursuant to division (B)(5) of section 118
3313.37 of the Revised Code to acquire computers and related
hardware.
(E) A school district may become a special needs district 120
as to certain securities as provided in division (E) of this 121
section. 122
(1) A board of education, by resolution, may declare its 124
school district to be a special needs district by determining 125
both of the following: 126
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(a) The student population is not being adequately 128
serviced by the existing permanent improvements of the district. 129
(b) The district cannot obtain sufficient funds by the 131
issuance of securities within the limitation of division (B) of 132
this section to provide additional or improved needed permanent 133
improvements in time to meet the needs. 134
(2) The board of education shall certify a copy of that 136
resolution to the superintendent of public instruction with a 137
statistical report showing all of the following: 138
(a) A history of and a projection of the growth of the 140
student population; 141
(b) The history of and a projection of the growth of the 143
tax valuation; 144
(c) The projected needs; 146
(d) The estimated cost of permanent improvements proposed 148
to meet such projected needs. 149
(3) The superintendent of public instruction shall certify 151
the district as an approved special needs district if the 152
superintendent finds both of the following: 153
(a) The district does not have available sufficient 155
additional funds from state or federal sources to meet the 156
projected needs. 157
(b) The projection of the potential average growth of tax 159
valuation during the next five years, according to the 160
information certified to the superintendent and any other 161
information the superintendent obtains, indicates a likelihood of 162
potential average growth of tax valuation of the district during 163
the next five years of an average of not less than three per cent 164
per year. The findings and certification of the superintendent 165
shall be conclusive. 166
(4) An approved special needs district may incur net 168
indebtedness by the issuance of securities in accordance with the 169
provisions of this chapter in an amount that does not exceed an 170
amount equal to the greater of the following: 171
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(a) Nine per cent of the sum of its tax valuation plus an 173
amount that is the product of multiplying that tax valuation by 174
the percentage by which the tax valuation has increased over the 175
tax valuation on the first day of the sixtieth month preceding 176
the month in which its board determines to submit to the electors 177
the question of issuing the proposed securities; 178
(b) Nine per cent of the sum of its tax valuation plus an 180
amount that is the product of multiplying that tax valuation by 181
the percentage, determined by the superintendent of public 182
instruction, by which that tax valuation is projected to increase 183
during the next ten years. 184
(F) A school district may issue securities for emergency 186
purposes, in a principal amount that does not exceed an amount 187
equal to three per cent of its tax valuation, as provided in this 188
division. 189
(1) A board of education, by resolution, may declare an 191
emergency if it determines both of the following: 192
(a) School buildings or other necessary school facilities 194
in the district have been wholly or partially destroyed, or 195
condemned by a constituted public authority, or that such 196
buildings or facilities are partially constructed, or so 197
constructed or planned as to require additions and improvements 198
to them before the buildings or facilities are usable for their 199
intended purpose, or that corrections to permanent improvements 200
are necessary to remove or prevent health or safety hazards. 201
(b) Existing fiscal and net indebtedness limitations make 203
adequate replacement, additions, or improvements impossible. 204
(2) Upon the declaration of an emergency, the board of 206
education may, by resolution, submit to the electors of the 207
district pursuant to section 133.18 of the Revised Code the 208
question of issuing securities for the purpose of paying the 209
cost, in excess of any insurance or condemnation proceeds 210
received by the district, of permanent improvements to respond to 211
the emergency need. 212
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(3) The procedures for the election shall be as provided 214
in section 133.18 of the Revised Code, except that: 215
(a) The form of the ballot shall describe the emergency 217
existing, refer to this division as the authority under which the 218
emergency is declared, and state that the amount of the proposed 219
securities exceeds the limitations prescribed by division (B) of 220
this section; 221
(b) The resolution required by division (B) of section 223
133.18 of the Revised Code shall be certified to the county 224
auditor and the board of elections at least seventy-five days 225
prior to the election; 226
(c) The county auditor shall advise and, not later than 228
sixty-five days before the election, confirm that advice by 229
certification to, the board of education of the information 230
required by division (C) of section 133.18 of the Revised Code; 231
(d) The board of education shall then certify its 233
resolution and the information required by division (D) of 234
section 133.18 of the Revised Code to the board of elections not 235
less than sixty days prior to the election. 236
(4) Notwithstanding division (B) of section 133.21 of the 238
Revised Code, the first principal payment of securities issued 239
under this division may be set at any date not later than sixty 240
months after the earliest possible principal payment otherwise 241
provided for in that division. 242
(G) The board of education may contract with an architect, 244
professional engineer, or other person experienced in the design 245
and implementation of energy conservation measures for an 246
analysis and recommendations pertaining to installations, 247
modifications of installations, or remodeling that would 248
significantly reduce energy consumption in buildings owned by the 249
district. The report shall include estimates of all costs of 250
such installations, modifications, or remodeling, including costs 251
of design, engineering, installation, maintenance, repairs, and 252
debt service, and estimates of the amounts by which energy 253
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consumption and resultant operational and maintenance costs, as 254
defined by the Ohio school facilities commission, would be 256
reduced.
If the board finds after receiving the report that the 258
amount of money the district would spend on such installations, 259
modifications, or remodeling is not likely to exceed the amount 260
of money it would save in energy and resultant operational and 261
maintenance costs over the ensuing fifteen years, the board may 263
submit to the commission a copy of its findings and a request for 264
approval to incur indebtedness to finance the making or 266
modification of installations or the remodeling of buildings for 267
the purpose of significantly reducing energy consumption. 268
If the commission determines that the board's findings are 271
reasonable, it shall approve the board's request. Upon receipt 272
of the commission's approval, the district may issue securities 274
without a vote of the electors in a principal amount not to 275
exceed nine-tenths of one per cent of its tax valuation for the 276
purpose of making such installations, modifications, or 277
remodeling, but the total net indebtedness of the district 278
without a vote of the electors incurred under this and all other 279
sections of the Revised Code shall not exceed one per cent of the 280
district's tax valuation. 281
So long as any securities issued under division (G) of this 284
section remain outstanding, the board of education shall monitor
the energy consumption and resultant operational and maintenance 285
costs of buildings in which installations or modifications have 287
been made or remodeling has been done pursuant to division (G) of 288
this section and shall maintain and annually update a report 290
documenting the reductions in energy consumption and resultant 291
operational and maintenance cost savings attributable to such 292
installations, modifications, or remodeling. The report shall be 293
certified by an architect or engineer independent of any person 294
that provided goods or services to the board in connection with 295
the energy conservation measures that are the subject of the 296
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report. The resultant operational and maintenance cost savings 297
shall be certified by the school district treasurer. The report 298
shall be made available to the commission upon request. 299
(H) With the consent of the superintendent of public 301
instruction, a school district may incur without a vote of the 302
electors net indebtedness that exceeds the amounts stated in 303
divisions (A) and (G) of this section for the purpose of paying 305
costs of permanent improvements, if and to the extent that both 306
of the following conditions are satisfied: 307
(1) The fiscal officer of the school district estimates 309
that receipts of the school district from payments made under or 310
pursuant to agreements entered into pursuant to section 725.02, 313
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, 314
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised 316
Code, or distributions under division (C) of section 5709.43 of 317
the Revised Code, or any combination thereof, are, after 318
accounting for any appropriate coverage requirements, sufficient 319
in time and amount, and are committed by the proceedings, to pay 320
the debt charges on the securities issued to evidence that 321
indebtedness and payable from those receipts, and the taxing 322
authority of the district confirms the fiscal officer's estimate, 323
which confirmation is approved by the superintendent of public 324
instruction;
(2) The fiscal officer of the school district certifies, 326
and the taxing authority of the district confirms, that the 327
district, at the time of the certification and confirmation, 328
reasonably expects to have sufficient revenue available for the 329
purpose of operating such permanent improvements for their 330
intended purpose upon acquisition or completion thereof, and the 331
superintendent of public instruction approves the taxing 332
authority's confirmation. 333
The maximum maturity of securities issued under division 335
(H) of this section shall be the lesser of twenty years or the 336
maximum maturity calculated under section 133.20 of the Revised 337
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Code. 338
Sec. 135.143. (A) The treasurer of state may invest or 347
execute transactions for any part or all of the interim funds of 348
the state in the following classifications of obligations: 349
(1) United States treasury bills, notes, bonds, or any 351
other obligations or securities issued by the United States 352
treasury or any other obligation guaranteed as to principal and 353
interest by the United States; 354
(2) Bonds, notes, debentures, or any other obligations or 356
securities issued by any federal government agency or 357
instrumentality; 358
(3) Bonds and other obligations of the sinking fund of the 360
state of Ohio and the Ohio public facilities commission; 361
(4)(a) Written repurchase agreements with any eligible 363
Ohio financial institution that is a member of the federal 364
reserve system or federal home loan bank or any recognized United 365
States government securities dealer, under the terms of which 366
agreement the treasurer of state purchases and the eligible 367
financial institution or dealer agrees unconditionally to 368
repurchase any of the securities that are listed in division 369
(A)(1) or (2) of this section and that will mature or are 370
redeemable within ten years from the date of purchase. The 371
market value of securities subject to these transactions must 372
exceed the principal value of the repurchase agreement by an 373
amount specified by the treasurer of state, and the securities 374
must be delivered into the custody of the treasurer of state or 375
the qualified trustee or agent designated by the treasurer of 376
state. The agreement shall contain the requirement that for each 377
transaction pursuant to the agreement, the participating 378
institution or dealer shall provide all of the following 379
information: 380
(i) The par value of the securities; 382
(ii) The type, rate, and maturity date of the securities; 384
(iii) A numerical identifier generally accepted in the 386
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securities industry that designates the securities. 387
(b) The treasurer of state also may sell any securities, 389
listed in division (A)(1) or (2) of this section, regardless of 390
maturity or time of redemption of the securities, under the same 391
terms and conditions for repurchase, provided that the securities 392
have been fully paid for and are owned by the treasurer of state 393
at the time of the sale. 394
(5) Securities lending agreements with any eligible 396
financial institution that is a member of the federal reserve 397
system or federal home loan bank or any recognized United States 398
government securities dealer, under the terms of which agreement 399
the treasurer of state lends securities and the eligible 400
financial institution or dealer agrees to simultaneously exchange 401
similar securities or cash, equal value for equal value. 402
Securities and cash received as collateral for a securities 404
lending agreement are not interim funds of the state. The 405
investment of cash collateral received pursuant to a securities 406
lending agreement may be invested only in such instruments 407
specified by the treasurer of state in accordance with a written 408
investment policy.
(6) Various forms of commercial paper issued by any 410
corporation that is incorporated under the laws of the United 411
States or a state, which such notes are rated in the two highest 412
categories by two nationally recognized rating agencies, provided 413
that the total amount invested in commercial paper at any time 414
shall not exceed five per cent of the state's total average 415
portfolio, as determined and calculated by the treasurer of 416
state; 417
(7) Bankers acceptances, maturing in two hundred seventy 419
days or less, which are eligible for purchase by the federal 420
reserve system, provided that the total amount invested in 421
bankers acceptances at any time shall not exceed ten per cent of 422
the state's total average portfolio, as determined and calculated 423
by the treasurer of state; 424
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(8) Certificates of deposit in eligible institutions 426
applying for interim moneys as provided in section 135.08 of the 427
Revised Code, including linked deposits as provided in sections 428
135.61 to 135.67 of the Revised Code, agricultural linked 429
deposits as provided in sections 135.71 to 135.76 of the Revised 430
Code, and depressed economic area linked deposits as provided in 431
sections 135.81 to 135.88 of the Revised Code; 432
(9) The state treasurer's investment pool authorized under 434
section 135.45 of the Revised Code; 435
(10) Debt interests rated investment grade by a nationally 437
recognized rating agency and issued by corporations that are 438
incorporated under the laws of the United States or a state, or 439
issued by foreign nations diplomatically recognized by the United 440
States government, or any instrument based on, derived from, or 441
related to such interests. All interest and principal shall be 442
denominated and payable in United States funds. The investments 443
made under division (A)(10) of this section shall not exceed in 444
the aggregate five per cent of the state's total average 445
portfolio, as determined and calculated by the treasurer of 446
state. The investments made under division (A)(10) of this 447
section in debt interests issued by foreign nations shall not 448
exceed in the aggregate one per cent of the state's total average 449
portfolio. The investments made under division (A)(10) of this 450
section in the debt interests of a single issuer shall not exceed 451
in the aggregate one-half of one per cent of the state's total 452
average portfolio. 453
The treasurer of state shall invest under division (A)(10) 455
of this section in a debt interest issued by a foreign nation 456
only if the debt interest is backed by the full faith and credit 457
of that foreign nation. For purposes of division (A)(10) of this 458
section, a debt interest is rated investment grade by a 459
nationally recognized rating agency if either the debt interest 460
itself or the issuer of the debt interest is rated, or is 461
implicitly rated, investment grade by a nationally recognized 462
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rating agency. 463
(11) No-load money market mutual funds consisting 465
exclusively of obligations described in division (A)(1) or (2) of 466
this section and repurchase agreements secured by such 467
obligations.; 468
(12) Obligations of a board of education issued under 470
authority of section 133.10 or 133.301 of the Revised Code; 471
(13) POOLS OF SCHOOL DISTRICT BONDS AUTHORIZED UNDER 473
SECTION 3318.085 OF THE REVISED CODE. 474
(B) Whenever, during a period of designation, the 476
treasurer of state classifies public moneys as interim moneys, 477
the treasurer of state shall notify the state board of deposit of 478
such action. Such notification shall be given within thirty days 479
after such classification and in the event the state board of 480
deposit does not concur in such classification or in the 481
investments or deposits made under this section, the board may 482
order the treasurer of state to sell or liquidate any of such 483
investments or deposits, and any such order shall specifically 484
describe the investments or deposits and fix the date upon which 485
they are to be sold or liquidated. Investments or deposits so 486
ordered to be sold or liquidated shall be sold or liquidated for 487
cash by the treasurer of state on the date fixed in such order at 488
the then current market price. Neither the treasurer of state 489
nor the members of the state board of deposit shall be held 490
accountable for any loss occasioned by sales or liquidations of 491
investments or deposits at prices lower than their cost. Any 492
loss or expense incurred in making such sales or liquidations is 493
payable as other expenses of the treasurer's office. 494
(C) If any securities or obligations invested in by the 496
treasurer of state pursuant to this section are registrable 497
either as to principal or interest, or both, such securities or 498
obligations shall be registered in the name of the treasurer of 499
state. 500
(D) The treasurer of state is responsible for the 502
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safekeeping of all securities or obligations under this section. 503
Any such securities or obligations may be deposited for 504
safekeeping as provided in section 113.05 of the Revised Code. 505
(E) Interest earned on any investments or deposits 507
authorized by this section shall be collected by the treasurer of 508
state and credited by the treasurer of state to the proper fund 509
of the state. 510
(F) Whenever investments or deposits acquired under this 512
section mature and become due and payable, the treasurer of state 513
shall present them for payment according to their tenor, and 514
shall collect the moneys payable thereon. The moneys so 515
collected shall be treated as public moneys subject to sections 516
135.01 to 135.21 of the Revised Code. 517
(G) The treasurer of state and any board of education 519
issuing obligations referred to in division (A)(12) of this 520
section OR POOLS OF BONDS REFERRED TO IN DIVISION (A)(13) OF THIS 521
SECTION may enter into an agreement providing for: 522
(1) The purchase of those obligations, INCLUDING POOLS OF 524
BONDS, by the treasurer of state on terms and subject to 526
conditions set forth in the agreement;
(2) The payment by the board of education to the treasurer 528
of state of a reasonable fee as consideration for the agreement 530
of the treasurer of state to purchase those obligations; 531
provided, however, that the treasurer of state shall not be
authorized to enter into any such agreement with the board of 532
education of a school district that has an outstanding obligation 533
with respect to a loan received under authority of section 534
3313.483 of the Revised Code.
(H) For purposes of division (G) of this section, a fee 537
shall not be considered reasonable unless it is set to recover 538
only the direct costs and a reasonable estimate of the indirect 539
costs associated with the purchasing of obligations of a school 540
board under division (G) of this section and any reselling of the 541
obligations or any interest in the obligations, including 542
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interests in a fund comprised of the obligations. No money from 543
the general revenue fund shall be used to subsidize the purchase 544
or resale of these obligations. 545
(I) All money collected by the treasurer of state from the 548
fee imposed by division (G) of this section shall be deposited to 550
the credit of the state school board obligations fund, which is 551
hereby created in the state treasury. Money credited to the fund 552
shall be used solely to pay the treasurer of state's direct and 553
indirect costs associated with purchasing and reselling 554
obligations of a board of education under division (G) of this 555
section.
Sec. 3318.01. As used in sections 3318.01 to 3318.20 of 564
the Revised Code: 565
(A) "Ohio school facilities commission" means the 568
commission created pursuant to section 3318.30 of the Revised 569
Code.
(B) "Classroom facilities" means rooms in which pupils 571
regularly assemble in public school buildings to receive 572
instruction and education and such facilities and building 573
improvements for the operation and use of such rooms as may be 574
needed in order to provide a complete educational program, and 575
may include space within which a child day-care facility or a 576
community resource center is housed. "CLASSROOM FACILITIES" 577
INCLUDES ANY SPACE NECESSARY FOR THE OPERATION OF A VOCATIONAL 578
EDUCATION PROGRAM IN ANY SCHOOL DISTRICT THAT OPERATES SUCH A 579
PROGRAM. 580
(C) "Project" means a project to construct or acquire 582
classroom facilities, or to reconstruct or make additions to 584
existing classroom facilities, to be used for housing the 585
applicable school district and its functions.
(D) "School district" means a local, exempted village, or 587
city school district as such districts are defined in Chapter 588
3311. of the Revised Code, acting as an agency of state 589
government, performing essential governmental functions of state 590
15
government pursuant to sections 3318.01 and 3318.20 of the 591
Revised Code.
(E) "School district board" means the board of education 593
of a school district. 594
(F) "Net bonded indebtedness" means the difference between 596
the sum of the par value of all outstanding and unpaid bonds and 597
notes which a school district board is obligated to pay, any 599
amounts the school district is obligated to pay under 600
lease-purchase agreements entered into under section 3313.375 of 601
the Revised Code, and the par value of bonds authorized by the 602
electors but not yet issued, the proceeds of which can lawfully 603
be used for the project, and the amount held in the sinking fund 604
and other indebtedness retirement funds for their redemption. 605
Notes issued for school buses in accordance with section 3327.08 606
of the Revised Code, notes issued in anticipation of the 607
collection of current revenues, and bonds issued to pay final 608
judgments shall not be considered in calculating the net bonded 609
indebtedness.
"Net bonded indebtedness" does not include indebtedness 611
arising from the acquisition of land to provide a site for 612
classroom facilities constructed, acquired, or added to pursuant 613
to sections 3318.01 to 3318.20 of the Revised Code. 614
(G) "Board of elections" means the board of elections of 616
the county containing the most populous portion of the school 617
district. 618
(H) "County auditor" means the auditor of the county in 620
which the greatest value of taxable property of such school 621
district is located. 622
(I) "Tax duplicates" means the general tax lists and 624
duplicates prescribed by sections 319.28 and 319.29 of the 625
Revised Code. 626
(J) "Required level of indebtedness" means: 628
(1) In the case of districts in the first percentile, five 631
per cent of the district's valuation for the year preceding the 632
16
year in which the controlling board approved the project under 633
section 3318.04 of the Revised Code.
(2) In the case of districts ranked in a subsequent 635
percentile, five per cent of the district's valuation for the 636
year preceding the year in which the controlling board approved 637
the project under section 3318.04 of the Revised Code, plus 6[two 638
one-hundredths of one per cent multiplied by (the percentile in 639
which the district ranks minus one)7<. 640
(K) "Required percentage of the basic project costs" means 642
one per cent of the basic project costs times the percentile in 644
which the district ranks.
(L) "Basic project cost" means a cost amount determined in 646
accordance with rules adopted under section 111.15 of the Revised 647
Code by the Ohio school facilities commission. The basic project 650
cost calculation shall take into consideration the square footage
and cost per square foot necessary for the grade levels to be 651
housed in the classroom facilities, the variation across the 652
state in construction and related costs, the cost of the 653
installation of site utilities and site preparation, the cost of 654
insuring the project until it is completed, and the professional 656
planning, administration, and design fees that a district may
have to pay to undertake a classroom facilities project. 657
"BASIC PROJECT COST" ALSO INCLUDES THE VALUE OF CLASSROOM 659
FACILITIES AUTHORIZED IN A PRE-EXISTING BOND ISSUE AS DESCRIBED 660
IN SECTION 3318.033 OF THE REVISED CODE. 661
(M) A "school district's portion of the basic project 663
cost" means the amount determined under section 3318.032 of the 664
Revised Code. 665
(N) "Child day-care facility" means space within a 668
classroom facility in which the needs of infants, toddlers, 669
preschool children, and school children are provided for by 670
persons other than the parent or guardian of such children for 671
any part of the day, including persons not employed by the school
district operating such classroom facility. 672
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(O) "Community resource center" means space within a 675
classroom facility in which comprehensive services that support 676
the needs of families and children are provided by 677
community-based social service providers. 678
(P) "Valuation" means the total value of all property in 680
the district as listed and assessed for taxation on the tax 682
duplicates.
(Q) "Percentile" means the percentile in which the 684
district is ranked pursuant to division (D) of section 3318.011 686
of the Revised Code. 687
(R) "Installation of site utilities" means the 689
installation of a site domestic water system, site fire 691
protection system, site gas distribution system, site sanitary 692
system, site storm drainage system, and site telephone and data 693
system.
(S) "Site preparation" means the earthwork necessary for 696
preparation of the building foundation system, the paved 697
pedestrian and vehicular circulation system, playgrounds on the 698
project site, and lawn and planting on the project site. 699
Sec. 3318.011. For purposes of providing assistance under 708
sections 3318.01 to 3318.20 of the Revised Code, the department 709
of education shall annually do all of the following: 710
(A) Calculate the adjusted valuation per pupil of each 712
city, local, and exempted village school district according to 713
the following formula: 714
The district's valuation per pupil - 715
6[$30,000 X (1 - the district's income factor)7<. 717
For purposes of this calculation: 719
(1) "Valuation per pupil" for a district means its average 721
taxable value, divided by its formula ADM reported under section 722
3317.03 of the Revised Code for the previous fiscal year. 724
(2) "Average taxable value" means the average of the 726
amounts certified for a district in the second, third, and fourth 727
preceding fiscal years under divisions (A)(1) and (2) of section 728
18
3317.021 of the Revised Code. 729
(3) "Income factor" has the same meaning as in section 731
3317.02 of the Revised Code. 732
(B) Calculate FOR EACH DISTRICT the three-year average OF 734
THE adjusted valuation VALUATIONS per pupil of each city, local, 736
and exempted village school CALCULATED FOR THE district for the 737
CURRENT AND TWO preceding three fiscal years; 738
(C) Rank all such districts in order of adjusted valuation 740
per pupil from the district with the lowest three-year average 741
adjusted valuation per pupil to the district with the highest 743
three-year average adjusted valuation per pupil; 744
(D) Divide such ranking into percentiles with the first 747
percentile containing the one per cent of school districts having 748
the lowest three-year average adjusted valuations per pupil and 749
the one-hundredth percentile containing the one per cent of 750
school districts having the highest three-year average adjusted 751
valuations per pupil; 752
(E) Determine the school districts that have three-year 755
average adjusted valuations per pupil that are greater than the 757
median three-year average adjusted valuation per pupil for all 758
school districts in the state;
(F) Certify the information described in divisions (A) to 761
(E) of this section to the Ohio school facilities commission. 762
Sec. 3318.021. Notwithstanding section 3318.02 of the 771
Revised Code, the Ohio school facilities commission annually may 772
conduct on-site visits to no more than five school districts in 773
the twentieth to fortieth percentiles as determined under section 775
3318.011 of the Revised Code, if a ANY SCHOOL DISTRICT WHOSE 777
district board adopts a resolution certifying to the commission 778
the board's intent to participate in the school building 780
assistance expedited local partnership program under section 781
3318.36 of the Revised Code. 782
Sec. 3318.022. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN 784
SECTION 3318.02 OF THE REVISED CODE, WITHIN TWO YEARS FOLLOWING 786
19
THE REQUEST OF THE SCHOOL DISTRICT, THE OHIO SCHOOL FACILITIES 787
COMMISSION SHALL ASSESS THE CURRENT CONDITIONS OF THE CLASSROOM 788
FACILITIES NEEDS OF ANY SCHOOL DISTRICT THAT IS NOT YET ELIGIBLE 791
FOR STATE ASSISTANCE UNDER CHAPTER 3318. OF THE REVISED CODE AND 792
THAT REQUESTS SUCH AN ASSESSMENT. THE ASSESSMENT MADE UNDER THIS 793
SECTION SHALL NOT INCLUDE A FINAL AGREEMENT BETWEEN THE SCHOOL 794
DISTRICT AND THE COMMISSION AS TO THE BASIC PROJECT COST OF THE 795
SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS. THE COMMISSION 796
SHALL NOT CONSIDER ANY REQUEST FOR AN ASSESSMENT UNDER THIS 797
SECTION THAT IS SUBMITTED SOONER THAN THE EFFECTIVE DATE OF THIS 798
SECTION.
Sec. 3318.03. Upon BEFORE CONDUCTING AN ON-SITE EVALUATION 809
OF A SCHOOL DISTRICT UNDER SECTION 3318.02 OF THE REVISED CODE, 810
AT THE REQUEST OF THE DISTRICT BOARD OF EDUCATION, THE OHIO 811
SCHOOL FACILITIES COMMISSION SHALL EXAMINE ANY CLASSROOM 812
FACILITIES NEEDS ASSESSMENT THAT HAS BEEN CONDUCTED BY THE
DISTRICT AND ANY MASTER PLAN DEVELOPED FOR MEETING THE FACILITY 814
NEEDS OF THE DISTRICT.
UPON conducting the on-site evaluation under section 817
3318.02 of the Revised Code, the Ohio school facilities 819
commission shall make a determination of all of the following: 820
(A) The needs of the school district for additional 822
classroom facilities; 823
(B) The number of classroom facilities to be included in a 826
project, INCLUDING CLASSROOM FACILITIES AUTHORIZED BY A BOND 827
ISSUE DESCRIBED IN SECTION 3318.033 OF THE REVISED CODE, and the 828
basic project cost of constructing, acquiring, reconstructing, or 830
making additions to each such facility; 831
(C) The amount of such cost that the school district can 834
supply from available funds, by the issuance of bonds previously 835
authorized by the electors of the school district the proceeds of 836
which can lawfully be used for the project, INCLUDING BONDS 837
AUTHORIZED BY THE DISTRICT'S ELECTORS AS DESCRIBED IN SECTION 838
3318.033 OF THE REVISED CODE, and by the issuance of bonds under 840
20
section 3318.05 of the Revised Code;
(D) The remaining amount of such cost that shall be 843
supplied by the state; 844
(E) If the state's portion of the basic project cost 846
exceeds forty TWENTY-FIVE million dollars, the amount of the 848
state's portion to be encumbered in accordance with section 849
3318.11 of the Revised Code in the current and subsequent fiscal 851
bienniums from funds appropriated for purposes of sections 852
3318.01 to 3318.20 of the Revised Code. 853
The commission shall make a determination in favor of 856
constructing, acquiring, reconstructing, or making additions to a 857
classroom facility only upon evidence that the proposed project 859
conforms to sound educational practice, that it is in keeping 860
with the orderly process of school district reorganization and 861
consolidation, and that the actual or projected enrollment in 862
each classroom facility proposed to be included in the project is 864
at least three hundred fifty pupils. Exceptions shall be
authorized only in those districts where topography, sparsity of 866
population, and other factors make larger schools impracticable. 868
Sections 125.81 and 153.04 of the Revised Code shall not 870
apply to classroom facilities constructed under sections 3318.01 871
to 3318.20 of the Revised Code. 872
Sec. 3318.032. (A) The portion of the basic project cost 882
supplied by the school district shall be the greater of: 884
(A)(1) The required percentage of the basic project costs, 886
determined based on the district's percentile ranking at the time 887
the controlling board approved the project under section 3318.04 889
of the Revised Code;
(B)(2) An amount necessary to raise the school district's 891
net bonded indebtedness, as of the date the controlling board 893
approved the project, to within five thousand dollars of the 894
required level of indebtedness. 895
(B) The amount of the district's share determined under 897
this section shall be calculated only as of the date the 898
21
controlling board approved the project, and that amount applies 899
throughout the one-year period permitted under section 3318.05 of 900
the Revised Code for the district's electors to approve the 901
propositions described in that section. If the amount reserved 902
and encumbered for a project is released because the electors do 903
not approve those propositions within that year, and the school 904
district later receives the controlling board's approval for the 905
project, the district's portion shall be recalculated in 906
accordance with this section as of the date of the controlling 907
board's subsequent approval.
(C) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN DIVISION 910
(A) OR (B) OF THIS SECTION, AT NO TIME SHALL A SCHOOL DISTRICT'S 911
PORTION OF THE BASIC PROJECT COST BE GREATER THAN NINETY-FIVE PER
CENT OF THE TOTAL BASIC PROJECT COST. 912
Sec. 3318.033. IF THE ELECTORS OF A SCHOOL DISTRICT HAVE 914
APPROVED THE ISSUANCE OF BONDS FOR THE ACQUISITION OF CLASSROOM 915
FACILITIES WITHIN EIGHTEEN MONTHS PRIOR TO THE SCHOOL DISTRICT 916
BOARD'S RECEIPT OF A NOTIFICATION BY THE OHIO SCHOOL FACILITIES 917
COMMISSION THAT THE SCHOOL DISTRICT IS ELIGIBLE FOR STATE 918
ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE, 919
AND IF THE CLASSROOM FACILITIES SUPPORTED BY THAT BOND MEASURE 920
COMPLY WITH THE COMMISSION'S DESIGN SPECIFICATIONS FOR A PROJECT 921
UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE, THE 922
COMMISSION SHALL INCLUDE THE VALUE OF THOSE CLASSROOM FACILITIES 923
IN THE BASIC PROJECT COST OF THE SCHOOL DISTRICT'S PROJECT 924
DETERMINED UNDER SECTION 3318.03 OF THE REVISED CODE AND SHALL 925
DEDUCT THE AMOUNT OF THE BONDS AUTHORIZED IN THAT BOND MEASURE 927
FROM THE AMOUNT OF THE SCHOOL DISTRICT'S PORTION OF THE BASIC 928
PROJECT COST AS DETERMINED UNDER SECTION 3318.032 OF THE REVISED 929
CODE.
Sec. 3318.035. (A) THIS SECTION APPLIES ONLY IF THERE IS 931
A CHANGE IN THE ASSESSMENT RATES ON GAS PIPELINES IMPOSED UNDER 932
STATE LAW. 933
(B) IF AT ANY TIME DIVISION (A) OF THIS SECTION APPLIES 935
22
AND IF THE CHANGE IN ASSESSMENT RATES DESCRIBED IN THAT DIVISION 937
AFFECTS A SCHOOL DISTRICT'S VALUATION AS DETERMINED UNDER 938
DIVISION (P) OF SECTION 3318.01 OF THE REVISED CODE BY GREATER 940
THAN TEN PER CENT AND IF THE OHIO SCHOOL FACILITIES COMMISSION 941
HAD DETERMINED THE STATE AND SCHOOL DISTRICT PORTION OF THE BASIC 942
PROJECT COST OF SUCH A DISTRICT'S PROJECT UNDER SECTION 3318.36 944
OF THE REVISED CODE PRIOR TO THAT CHANGE IN VALUATION, THE 946
COMMISSION SHALL ADJUST THE STATE AND SCHOOL DISTRICT PORTIONS OF 947
THE BASIC PROJECT COST OF THE SCHOOL DISTRICT'S PROJECT USING THE
VALUATION ALTERED BY THE CHANGE IN ASSESSMENT RATES DESCRIBED IN 948
DIVISION (A) OF THIS SECTION. 949
Sec. 3318.04. (A) If the Ohio school facilities 958
commission makes a determination under section 3318.03 of the 959
Revised Code in favor of constructing, acquiring, reconstructing, 961
or making additions to a classroom facility, the project shall be 962
conditionally approved. Such conditional approval shall be 963
submitted to the controlling board for approval thereof. The
controlling board shall forthwith approve or reject the 964
commission's determination, conditional approval, the amount of 966
the state's portion of the basic project cost, and, if the
state's portion exceeds forty TWENTY-FIVE million dollars, the 967
amount of the state's portion to be encumbered in the current 969
fiscal biennium. In the event of approval thereof by the 970
controlling board, the commission shall certify such conditional 972
approval to the school district board and shall encumber from the 973
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 974
the basic project cost or, if the state's portion exceeds forty 975
TWENTY-FIVE million dollars, the amount approved under this 977
section to be encumbered in the current fiscal biennium. 978
The basic project cost for a project approved under this 981
section shall not exceed the cost that would otherwise have to be
incurred if the classroom facilities to be constructed, acquired, 982
or reconstructed, or the additions to be made to classroom 983
23
facilities, under such project meet, but do not exceed, the 984
specifications for plans and materials for classroom facilities 985
adopted by the commission.
(B)(1) No school district shall have a project 987
conditionally approved pursuant to this section if the project 989
includes the reconstruction of, or the making of additions to, 990
any classroom facilities that were constructed, acquired, 991
reconstructed, or added to as part of SCHOOL DISTRICT HAS ALREADY 992
RECEIVED ANY ASSISTANCE FOR a project funded under any version of 993
sections 3318.01 to 3318.20 of the Revised Code, and the prior 995
project was one for which the electors of such district approved 996
a levy within the last ten TWENTY years pursuant to any version 998
of section 3318.06 of the Revised Code for purposes of qualifying 999
for the funding of that project, UNLESS THE DISTRICT DEMONSTRATES 1,000
TO THE SATISFACTION OF THE COMMISSION THAT THE DISTRICT HAS 1,002
EXPERIENCED SINCE APPROVAL OF ITS PRIOR PROJECT AN EXCEPTIONAL 1,003
INCREASE IN ENROLLMENT SIGNIFICANTLY ABOVE THE DISTRICT'S DESIGN 1,004
CAPACITY UNDER THAT PRIOR PROJECT AS DETERMINED BY RULE OF THE 1,005
COMMISSION.
(2) NOTWITHSTANDING DIVISION (B)(1) OF THIS SECTION, ANY 1,007
SCHOOL DISTRICT THAT RECEIVED ASSISTANCE UNDER SECTIONS 3318.01 1,008
TO 3318.20 OF THE REVISED CODE, AS THOSE SECTIONS EXISTED PRIOR 1,009
TO MAY 20, 1997, MAY RECEIVE ADDITIONAL ASSISTANCE UNDER THOSE 1,011
SECTIONS, AS THEY EXIST ON AND AFTER MAY 20, 1997, PRIOR TO THE 1,012
EXPIRATION OF THE PERIOD OF TIME REQUIRED UNDER DIVISION (B)(1) 1,013
OF THIS SECTION, IF THE PERCENTILE IN WHICH THE SCHOOL DISTRICT 1,014
IS LOCATED, AS DETERMINED UNDER SECTION 3318.011 OF THE REVISED 1,016
CODE, IS ELIGIBLE FOR ASSISTANCE AS PRESCRIBED IN SECTION 3318.02 1,018
OF THE REVISED CODE.
THE COMMISSION MAY PROVIDE ASSISTANCE UNDER SECTIONS 1,020
3318.01 TO 3318.20 OF THE REVISED CODE PURSUANT TO THIS DIVISION 1,021
TO NO MORE THAN FIVE SCHOOL DISTRICTS PER FISCAL YEAR UNTIL ALL 1,022
ELIGIBLE SCHOOL DISTRICTS HAVE RECEIVED THE ADDITIONAL ASSISTANCE 1,023
AUTHORIZED UNDER THIS DIVISION. THE COMMISSION SHALL ESTABLISH 1,024
24
APPLICATION PROCEDURES, DEADLINES, AND PRIORITIES FOR FUNDING 1,025
PROJECTS UNDER THIS DIVISION.
THE COMMISSION AT ITS DISCRETION MAY WAIVE CURRENT DESIGN 1,027
SPECIFICATIONS IT HAS ADOPTED FOR PROJECTS UNDER SECTIONS 3318.01 1,028
TO 3318.20 OF THE REVISED CODE WHEN ASSESSING AN APPLICATION FOR 1,029
ADDITIONAL ASSISTANCE UNDER THIS DIVISION FOR THE RENOVATION OF 1,030
CLASSROOM FACILITIES CONSTRUCTED OR RENOVATED UNDER A SCHOOL 1,032
DISTRICT'S PREVIOUS PROJECT. IF THE COMMISSION FINDS THAT A 1,034
SCHOOL DISTRICT'S EXISTING CLASSROOM FACILITIES ARE ADEQUATE TO 1,035
MEET ALL OF THE SCHOOL DISTRICT'S NEEDS, THE COMMISSION MAY
DETERMINE THAT NO ADDITIONAL STATE ASSISTANCE BE AWARDED TO A 1,036
SCHOOL DISTRICT UNDER THIS DIVISION. 1,037
IN ORDER FOR A SCHOOL DISTRICT TO BE ELIGIBLE TO RECEIVE 1,039
ANY ADDITIONAL ASSISTANCE UNDER THIS DIVISION, THE SCHOOL 1,040
DISTRICT ELECTORS SHALL EXTEND THE SCHOOL DISTRICT'S EXISTING 1,041
LEVY DEDICATED FOR MAINTENANCE OF CLASSROOM FACILITIES UNDER 1,042
CHAPTER 3318. OF THE REVISED CODE, PURSUANT TO SECTION 3318.061 1,044
OF THE REVISED CODE OR SHALL PROVIDE EQUIVALENT ALTERNATIVE 1,045
MAINTENANCE FUNDS AS SPECIFIED IN DIVISION (B) OF SECTION 3318.06 1,046
OF THE REVISED CODE.
Sec. 3318.05. The conditional approval of the Ohio school 1,055
facilities commission for a project shall lapse and the amount 1,057
reserved and encumbered for such project shall be released unless 1,058
the school district board accepts such conditional approval 1,059
within one hundred twenty days following the date of 1,060
certification of the conditional approval to the school district 1,061
board and the electors of the school district vote favorably on 1,063
both of the propositions described in divisions (A) and (B) of 1,064
this section within one year of the date of such certification, 1,065
except that a school district described in division (C) of this 1,066
section does not need to submit the proposition described in 1,067
division (B) of this section. The propositions described in 1,069
divisions (A) and (B) of this section shall be combined in a 1,070
single proposal. If the district board or the district's 1,071
25
electors fail to meet such requirements and the amount reserved 1,072
and encumbered for the district's project is released, the 1,073
district shall be given first priority for project funding as
such funds become available. 1,074
(A) On the question of issuing bonds of the school 1,076
district board, for the school district's portion of the basic 1,077
project cost, in an amount equal to the school district's portion 1,080
of the basic project cost LESS ANY DEDUCTION MADE UNDER SECTION 1,081
3318.033 OF THE REVISED CODE; and 1,082
(B) On the question of levying a tax the proceeds of which 1,085
shall be used to pay the cost of maintaining the classroom 1,086
facilities included in the project, except that in any year the
district's three-year average adjusted valuation per pupil is 1,087
greater than the state-wide median three-year average adjusted 1,090
valuation per pupil, one-half of the proceeds of the tax shall be 1,091
used for such maintenance and one-half of such proceeds shall be 1,092
paid to the state. Such tax shall be at the rate of NOT LESS 1,093
THAN one-half mill for each dollar of valuation until it 1,095
generates an amount not to exceed the amount of the project cost 1,097
supplied by the state, but in no case longer than FOR A PERIOD OF 1,098
twenty-three years, SUBJECT TO ANY EXTENSION APPROVED UNDER 1,100
SECTION 3318.061 OF THE REVISED CODE. 1,101
(C) If a school district has in place a tax levied under 1,103
section 5705.21 of the Revised Code for general ongoing permanent 1,104
improvements of at least two mills for each dollar of valuation 1,105
and the proceeds of such tax can be used for maintenance, the 1,106
school district need not levy the additional tax required under 1,108
division (B) of this section, provided the school district board 1,109
includes in the agreement entered into under section 3318.08 of 1,110
the Revised Code provisions earmarking an amount from the 1,111
proceeds of that permanent improvement tax for maintenance of 1,113
classroom facilities or for payments to the state equivalent to 1,115
the amount of the additional tax and for the equivalent number of 1,116
years otherwise required under this section.
26
(D) Proceeds of the tax to be used for maintenance of the 1,119
classroom facilities under either division (B) or (C) of this 1,120
section shall be deposited into a separate fund established by 1,121
the school district for such purpose.
Sec. 3318.052. NOTWITHSTANDING ANY PROVISION OF DIVISIONS 1,123
(A), (B), AND (C) OF SECTION 3318.05 OF THE REVISED CODE TO THE 1,125
CONTRARY, BY RESOLUTION ADOPTED BY A MAJORITY OF ALL ITS MEMBERS, 1,127
A SCHOOL DISTRICT BOARD MAY OPT TO APPLY THE PROCEEDS OF TAX 1,128
LEVIED UNDER SECTION 5705.21 OF THE REVISED CODE FOR GENERAL 1,129
ONGOING PERMANENT IMPROVEMENTS OR THE PROCEEDS OF SCHOOL DISTRICT 1,131
INCOME TAX LEVIED UNDER CHAPTER 5748. OF THE REVISED CODE, OR 1,132
PROCEEDS FROM A COMBINATION OF THOSE TWO TAXES, IF THE PROCEEDS 1,134
OF SUCH LEVIES MAY LAWFULLY BE USED FOR GENERAL CONSTRUCTION, 1,135
RENOVATION, REPAIR, OR MAINTENANCE OF CLASSROOM FACILITIES, IN 1,136
LIEU OF ALL OR PART OF THE BONDS AND TAX LEVIES OTHERWISE 1,138
REQUIRED UNDER DIVISIONS (A), (B), AND (C) OF SECTION 3318.05 OF 1,140
THE REVISED CODE, TO LEVERAGE BONDS ADEQUATE TO PAY ALL OR PART 1,141
OF THE SCHOOL DISTRICT PORTION OF A PROJECT UNDER SECTIONS 1,142
3318.01 TO 3318.20 OF THE REVISED CODE OR TO GENERATE AN AMOUNT 1,143
EQUIVALENT TO ALL OR PART OF THE PROCEEDS OF THE TAX REQUIRED 1,144
UNDER DIVISION (B) OF SECTION 3318.05 OF THE REVISED CODE TO BE 1,146
USED FOR MAINTENANCE OF CLASSROOM FACILITIES CONSTRUCTED, 1,148
RENOVATED, OR REPAIRED UNDER SUCH PROJECT. A SCHOOL DISTRICT 1,150
UNDERTAKING A PROJECT UNDER SECTIONS 3318.01 TO 3318.20 OF THE 1,151
REVISED CODE AND OPTING TO APPLY THE PROCEEDS OF THE TAX LEVIES 1,153
PURSUANT TO THIS SECTION SHALL BE SUBJECT TO ALL OTHER PROVISIONS 1,154
OF DIVISIONS (A), (B), AND (C) OF SECTION 3318.05 OF THE REVISED 1,156
CODE AND THE REQUIREMENT FOR A SEPARATE MAINTENANCE FUND UNDER 1,158
DIVISION (D) OF SECTION 3318.05 OF THE REVISED CODE. BONDS 1,159
ISSUED UNDER THIS SECTION SHALL BE CHAPTER 133. SECURITIES, BUT 1,161
THE ISSUANCE OF THE BONDS SHALL NOT BE SUBJECT TO A VOTE OF THE 1,162
ELECTORS OF THE SCHOOL DISTRICT AS LONG AS THE TAX LEVIES 1,163
EARMARKED FOR PAYMENT OF THE SERVICE CHARGES ON THE BONDS MAY 1,164
LAWFULLY BE USED FOR THAT PURPOSE.
27
NO STATE MONEYS SHALL BE RELEASED FOR A PROJECT TO WHICH 1,166
THIS SECTION APPLIES UNTIL THE PROCEEDS OF ANY BONDS ISSUED UNDER 1,167
THIS SECTION THAT ARE DEDICATED FOR THE PAYMENT OF THE SCHOOL 1,168
DISTRICT PORTION OF A PROJECT ARE FIRST DEPOSITED INTO THE SCHOOL 1,169
DISTRICT'S PROJECT CONSTRUCTION FUND. 1,170
Sec. 3318.055. NOTWITHSTANDING ANY PROVISION TO THE 1,172
CONTRARY IN SECTIONS 3318.05, 3318.06, 3318.061, 3318.08, 1,173
3318.36, 3318.361, AND 3318.38 OF THE REVISED CODE, IF THE AMOUNT 1,174
OF MONEY THAT WOULD BE RAISED IN A SCHOOL DISTRICT BY THE
TWENTY-THREE YEAR MAINTENANCE TAX SPECIFIED IN THOSE SECTIONS 1,175
DURING THE FIRST TWELVE-MONTH PERIOD OF ITS COLLECTION, AS 1,176
ESTIMATED BY THE DEPARTMENT OF TAXATION, WOULD BE LESS THAN TEN 1,177
PER CENT OF THE AMOUNT OF MONEY THAT THE SCHOOL DISTRICT WAS 1,178
REQUIRED TO DEPOSIT INTO ITS CAPITAL AND MAINTENANCE FUND DURING 1,179
THE MOST RECENT FISCAL YEAR UNDER SECTION 3315.18 OF THE REVISED
CODE, THE SCHOOL DISTRICT SHALL NOT BE REQUIRED TO INCLUDE SUCH 1,180
MAINTENANCE TAX ON A BALLOT PROPOSAL, AS OTHERWISE REQUIRED UNDER 1,181
SECTIONS 3318.05, 3318.06, 3318.061, 3318.08, 3318.36, 3318.361, 1,182
AND 3318.38 OF THE REVISED CODE.
Sec. 3318.06. After receipt of the conditional approval of 1,191
the Ohio school facilities commission, the school district board 1,193
by a majority of all of its members shall, if it desires to 1,194
proceed with the project, declare all of the following by 1,195
resolution:
(A) That by issuing bonds in an amount equal to the school 1,197
district's portion of the basic project cost, INCLUDING BONDS 1,199
PREVIOUSLY AUTHORIZED BY THE DISTRICT'S ELECTORS AS DESCRIBED IN 1,200
SECTION 3318.033 OF THE REVISED CODE, the district is unable to 1,201
provide adequate classroom facilities without assistance from the 1,203
state;
(B) That UNLESS THE SCHOOL DISTRICT BOARD HAS RESOLVED TO 1,205
APPLY THE PROCEEDS OF A PROPERTY TAX OR THE PROCEEDS OF AN INCOME 1,206
TAX, OR A COMBINATION OF PROCEEDS FROM SUCH TAXES, AS AUTHORIZED 1,207
UNDER SECTION 3318.052 OF THE REVISED CODE, THAT to qualify for 1,208
28
such state assistance it is necessary to do either of the 1,209
following:
(1) Levy a tax outside the ten-mill limitation the 1,211
proceeds of which shall be used to pay the cost of maintaining 1,213
the classroom facilities included in the project, except that in 1,214
any year the district's three-year average adjusted valuation per 1,215
pupil is greater than the statewide median three-year average 1,217
adjusted valuation per pupil, one-half of the proceeds of the tax 1,218
shall be used for such maintenance and one-half of such proceeds
shall be paid to the state; 1,219
(2) Earmark for maintenance of classroom facilities or for 1,221
payments to the state from the proceeds of an existing permanent 1,222
improvement tax levied under section 5705.21 of the Revised Code, 1,225
if such tax is of at least two mills for each dollar of valuation 1,226
and can be used for maintenance, an amount equivalent to the 1,227
amount of the additional tax otherwise required under this
section and sections 3318.05 and 3318.08 of the Revised Code. 1,229
(C) That the question of any tax levy specified in a 1,231
resolution described in division (B)(1) of this section, IF 1,232
REQUIRED, shall be submitted to the electors of the school 1,235
district at the next general or primary election, if there be a 1,236
general or primary election not less than seventy-five and not 1,237
more than ninety-five days after the day of the adoption of such 1,238
resolution or, if not, at a special election to be held at a time 1,239
specified in the resolution which shall be not less than 1,240
seventy-five days after the day of the adoption of the resolution 1,241
and which shall be in accordance with the requirements of section 1,242
3501.01 of the Revised Code.
Such resolution shall also state that the question of 1,245
issuing bonds of the board shall be combined in a single proposal 1,246
with the question of such tax levy. More than one election under 1,247
this section may be held in any one calendar year. Such 1,248
resolution shall specify both of the following:
(1) That the rate which it is necessary to levy shall be 1,250
29
at the rate of NOT LESS THAN one-half mill for each one dollar of 1,251
valuation, and that such tax shall be levied until it generates 1,254
an amount not to exceed the amount of the project cost supplied 1,256
by the state, but in no case longer than FOR A PERIOD OF 1,257
twenty-three years;
(2) That the proceeds of the tax shall be used to pay the 1,259
cost of maintaining the classroom facilities included in the 1,260
project, except in any year the district's three-year average 1,261
adjusted valuation per pupil is greater than the statewide median 1,263
three-year average adjusted valuation per pupil, one-half of the 1,264
proceeds of the tax shall be used for such maintenance and 1,265
one-half of the proceeds of the tax shall be paid to the state. 1,266
A copy of such resolution shall after its passage and not 1,268
less than seventy-five days prior to the date set therein for the 1,269
election be certified to the county board of elections. 1,270
The resolution of the school district board, in addition to 1,273
meeting other applicable requirements of section 133.18 of the 1,274
Revised Code, shall state that the amount of bonds to be issued 1,275
will be an amount equal to the school district's portion of the 1,276
basic project cost, and state the maximum maturity of the bonds 1,278
which, notwithstanding section 133.20 of the Revised Code, may be 1,279
any number of years not exceeding twenty-three as determined by 1,280
the board. In estimating the amount of bonds to be issued, the 1,281
board shall take into consideration the amount of moneys then in 1,282
the bond retirement fund and the amount of moneys to be collected 1,283
for and disbursed from the bond retirement fund during the 1,284
remainder of the year in which the resolution of necessity is 1,285
adopted.
Notice of the election shall include the fact that the tax 1,287
levy shall be at the rate of NOT LESS THAN one-half mill for each 1,288
one dollar of valuation, that the levy shall be made until it 1,291
generates an amount not to exceed the amount of the project cost 1,292
supplied by the state, but in no case longer than FOR A PERIOD OF 1,293
twenty-three years, and that the proceeds of the tax shall be 1,295
30
used to pay the cost of maintaining the classroom facilities 1,296
included in the project, except in any year the district's 1,297
three-year average adjusted valuation per pupil is greater than 1,298
the statewide median three-year average adjusted valuation per 1,299
pupil, one-half of the proceeds of the tax shall be used for such 1,301
maintenance and one-half of the proceeds of the tax shall be paid 1,302
to the state.
The form of the ballot to be used at such election shall 1,304
be: 1,305
"A majority affirmative vote is necessary for passage. 1,307
Shall bonds be issued by the ............ (here insert name 1,310
of school district) school district to pay the local share of 1,311
school construction under the State of Ohio Classroom Facilities 1,312
Assistance Program in the principal amount of ............ (here 1,313
insert principal amount of the bond issue), to be repaid annually 1,314
over a maximum period of ............ (here insert the maximum 1,315
number of years over which the principal of the bonds may be 1,316
paid) years, and an annual levy of property taxes be made outside 1,317
the ten-mill limitation, estimated by the county auditor to 1,318
average over the repayment period of the bond issue ............ 1,319
(here insert the number of mills estimated) mills for each one 1,320
dollar of tax valuation, which amounts to ............ (rate 1,321
expressed in cents or dollars and cents, such as "thirty-six 1,322
cents" or "$0.36") for each one hundred dollars of tax valuation 1,323
to pay the annual debt charges on the bonds and to pay debt 1,324
charges on any notes issued in anticipation of the bonds?" 1,325
and, unless the additional levy 1,326
of taxes is not required pursuant 1,327
to division (C) of section 1,328
3318.05 of the Revised Code, 1,329
"Shall an additional levy of taxes be made for a period not 1,331
to 1xceed OF twenty-three years to benefit the ............ (here 1,333
insert name of school district) school district, the proceeds of
which shall be used to pay the cost of maintaining the classroom 1,335
31
facilities included in the project, except that in any year the 1,337
district's three-year average adjusted valuation per pupil is 1,338
greater than the statewide median three-year average adjusted 1,339
valuation per pupil, one-half of the proceeds of the tax shall be 1,342
used for such maintenance and one-half of such proceeds shall be
paid to the state, at the rate of .......... (HERE INSERT THE 1,343
NUMBER OF MILLS, WHICH SHALL NOT BE LESS THAN one-half mill) 1,344
MILLS for each one dollar of valuation? 1,347
_______________________________________________ 1,349
FOR THE BOND ISSUE AND TAX LEVY 1,350
_______________________________________________ 1,351
AGAINST THE BOND ISSUE AND TAX LEVY 1,352
_______________________________________________ " 1,353
(D) If it is necessary for the school district to acquire 1,356
a site for the classroom facilities to be acquired pursuant to 1,357
sections 3318.01 to 3318.20 of the Revised Code, the district 1,358
board may propose either to issue bonds of the board or to levy a 1,359
tax to pay for the acquisition of such site, and may combine the 1,360
question of doing so with the questions specified in division (C)
of this section. Bonds issued under this division for the 1,361
purpose of acquiring a site are a general obligation of the 1,362
school district and are Chapter 133. securities. 1,363
The form of that portion of the ballot to include the 1,365
question of either issuing bonds or levying a tax for site 1,366
acquisition purposes shall be one of the following: 1,367
(1) "Shall bonds be issued by the ............ (here 1,370
insert name of the school district) school district to pay costs 1,371
of acquiring a site for classroom facilities under the State of 1,372
Ohio Classroom Facilities Assistance Program in the principal 1,374
amount of .......... (here insert principal amount of the bond 1,375
issue), to be repaid annually over a maximum period of ..........
(here insert maximum number of years over which the principal of 1,377
the bonds may be paid) years, and an annual levy of property 1,378
taxes be made outside the ten-mill limitation, estimated by the 1,379
32
county auditor to average over the repayment period of the bond 1,380
issue .......... (here insert number of mills) mills for each one
dollar of tax valuation, which amount to .......... (here insert 1,381
rate expressed in cents or dollars and cents, such as "thirty-six 1,382
cents" or "$0.36") for each one hundred dollars of valuation to 1,384
pay the annual debt charges on the bonds and to pay debt charges
on any notes issued in anticipation of the bonds?" 1,385
(2) "Shall an additional levy of taxes outside the 1,387
ten-mill limitation be made for the benefit of the .......... 1,388
(here insert name of the school district) .......... school 1,389
district for the purpose of acquiring a site for classroom 1,390
facilities in the sum of ......... (here insert annual amount the 1,391
levy is to produce) estimated by the county auditor to average 1,392
........ (here insert number of mills) mills for each one hundred 1,393
dollars of valuation, for a period of ......... (here insert 1,395
number of years the millage is to be imposed) years?" 1,396
Where it is necessary to combine the question of issuing 1,398
bonds of the school district and levying a tax as described in 1,399
division (C) of this section with the question of issuing bonds 1,400
of the school district for acquisition of a site, the question 1,401
specified in division (C) of this section to be voted on shall be 1,402
"For the Bond Issues and the Tax Levy" and "Against the Bond
Issues and the Tax Levy." 1,403
Where it is necessary to combine the question of issuing 1,405
bonds of the school district and levying a tax as described in 1,406
division (C) of this section with the question of levying a tax 1,407
for the acquisition of a site, the question specified in division 1,408
(C) of this section to be voted on shall be "For the Bond Issue 1,409
and the Tax Levies" and "Against the Bond Issue and the Tax
Levies." 1,410
If a majority of those voting upon a proposition hereunder 1,412
which includes the question of issuing bonds vote in favor 1,413
thereof, and if the agreement provided for by section 3318.08 of 1,414
the Revised Code has been entered into, the school district board 1,415
33
may proceed under Chapter 133. of the Revised Code, with the 1,416
issuance of bonds or bond anticipation notes in accordance with 1,417
the terms of the agreement. 1,418
Sec. 3318.061. THIS SECTION APPLIES ONLY TO SCHOOL 1,420
DISTRICTS ELIGIBLE TO RECEIVE ADDITIONAL ASSISTANCE UNDER 1,421
DIVISION (B)(2) OF SECTION 3318.04 OF THE REVISED CODE AND TO BIG 1,422
EIGHT DISTRICTS SEGMENTING PROJECTS UNDER SECTION 3318.38 OF THE 1,423
REVISED CODE.
THE BOARD OF EDUCATION OF A SCHOOL DISTRICT IN WHICH A TAX 1,425
DESCRIBED BY DIVISION (B) OF SECTION 3318.05 AND LEVIED UNDER 1,426
SECTION 3318.06 OF THE REVISED CODE IS IN EFFECT, MAY ADOPT A 1,427
RESOLUTION BY VOTE OF A MAJORITY OF ITS MEMBERS TO EXTEND THE 1,428
TERM OF THAT TAX BEYOND THE EXPIRATION OF THAT TAX AS ORIGINALLY 1,429
APPROVED UNDER THAT SECTION. THE SCHOOL DISTRICT BOARD MAY 1,430
INCLUDE IN THE RESOLUTION A PROPOSAL TO EXTEND THE TERM OF THAT 1,431
TAX AT THE RATE OF NOT LESS THAN ONE-HALF MILL FOR EACH DOLLAR OF 1,432
VALUATION FOR A PERIOD OF TWENTY-THREE YEARS FROM THE YEAR IN 1,433
WHICH THE SCHOOL DISTRICT BOARD AND THE OHIO SCHOOL FACILITIES 1,434
COMMISSION ENTER INTO AN AGREEMENT UNDER DIVISION (B)(2) OF 1,435
SECTION 3318.04 OF THE REVISED CODE OR IN THE FOLLOWING YEAR, AS 1,436
SPECIFIED IN THE RESOLUTION OR, AS APPLICABLE IN THE CASE OF A 1,437
DISTRICT SEGMENTING A PROJECT UNDER SECTION 3318.38 OF THE 1,438
REVISED CODE, FROM THE YEAR IN WHICH THE LAST SEGMENT IS 1,439
UNDERTAKEN. SUCH A RESOLUTION MAY BE ADOPTED AT ANY TIME BEFORE 1,440
SUCH AN AGREEMENT IS ENTERED INTO AND BEFORE THE TAX LEVIED 1,441
PURSUANT TO SECTION 3318.06 OF THE REVISED CODE EXPIRES. IF THE 1,442
RESOLUTION IS COMBINED WITH A RESOLUTION TO ISSUE BONDS TO PAY 1,443
THE SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT COST, IT SHALL 1,444
CONFORM WITH THE REQUIREMENTS OF DIVISIONS (A), (B), AND (C) OF 1,446
SECTION 3318.06 OF THE REVISED CODE, EXCEPT THAT THE RESOLUTION 1,448
ALSO SHALL STATE THAT THE TAX LEVY PROPOSED IN THE RESOLUTION IS 1,449
AN EXTENSION OF AN EXISTING TAX LEVIED UNDER THAT SECTION. A 1,450
RESOLUTION PROPOSING AN EXTENSION ADOPTED UNDER THIS SECTION DOES 1,451
NOT TAKE EFFECT UNTIL IT IS APPROVED BY A MAJORITY OF ELECTORS 1,452
34
VOTING IN FAVOR OF THE RESOLUTION AT A GENERAL, PRIMARY, OR 1,453
SPECIAL ELECTION AS PROVIDED IN THIS SECTION.
A TAX LEVY EXTENDED UNDER THIS SECTION IS SUBJECT TO THE 1,455
SAME TERMS AND LIMITATIONS TO WHICH THE ORIGINAL TAX LEVIED UNDER 1,456
SECTION 3318.06 OF THE REVISED CODE IS SUBJECT UNDER THAT 1,457
SECTION, EXCEPT THE TERM OF THE EXTENSION SHALL BE AS SPECIFIED 1,458
IN THIS SECTION.
THE SCHOOL DISTRICT BOARD SHALL CERTIFY A COPY OF THE 1,460
RESOLUTION ADOPTED UNDER THIS SECTION TO THE PROPER COUNTY BOARD 1,461
OF ELECTIONS NOT LATER THAN SEVENTY-FIVE DAYS BEFORE THE DATE SET 1,462
IN THE RESOLUTION AS THE DATE OF THE ELECTION AT WHICH THE 1,463
QUESTION WILL BE SUBMITTED TO ELECTORS. THE NOTICE OF THE 1,464
ELECTION SHALL CONFORM WITH THE REQUIREMENTS OF DIVISION (C) OF 1,465
SECTION 3318.06 OF THE REVISED CODE, EXCEPT THAT THE NOTICE ALSO 1,466
SHALL STATE THAT THE MAINTENANCE TAX LEVY IS AN EXTENSION OF AN 1,467
EXISTING TAX LEVY. 1,468
THE FORM OF THE BALLOT SHALL BE AS FOLLOWS: 1,470
"SHALL THE EXISTING TAX LEVIED TO PAY THE COST OF 1,472
MAINTAINING CLASSROOM FACILITIES CONSTRUCTED WITH THE PROCEEDS OF 1,473
THE PREVIOUSLY ISSUED BONDS AT THE RATE OF .......... (HERE 1,475
INSERT THE NUMBER OF MILLS, WHICH SHALL NOT BE LESS THAN ONE-HALF 1,476
MILL) MILLS PER DOLLAR OF TAX VALUATION, BE EXTENDED UNTIL 1,478
........ (HERE INSERT THE YEAR THAT IS TWENTY-THREE YEARS AFTER 1,479
THE YEAR IN WHICH THE DISTRICT AND COMMISSION WILL ENTER INTO AN 1,480
AGREEMENT UNDER DIVISION (B)(2) OF SECTION 3318.04 OF THE REVISED 1,481
CODE OR THE FOLLOWING YEAR)?
__________________________________________________ 1,484
FOR EXTENDING THE EXISTING TAX LEVY 1,485
__________________________________________________ 1,486
AGAINST EXTENDING THE EXISTING TAX LEVY 1,487
__________________________________________________" 1,488
SECTION 3318.07 OF THE REVISED CODE APPLIES TO BALLOT 1,491
QUESTIONS UNDER THIS SECTION. 1,492
Sec. 3318.08. If the requisite favorable vote on the 1,501
35
election is obtained, OR IF THE SCHOOL DISTRICT BOARD HAS 1,502
RESOLVED TO APPLY THE PROCEEDS OF A PROPERTY TAX LEVY OR THE 1,503
PROCEEDS OF AN INCOME TAX, OR A COMBINATION OF PROCEEDS FROM SUCH 1,504
TAXES, AS AUTHORIZED IN SECTION 3318.052 OF THE REVISED CODE, the 1,505
Ohio school facilities commission, upon certification TO IT of 1,507
EITHER the results of the election to it OR THE RESOLUTION UNDER 1,508
SECTION 3318.052 OF THE REVISED CODE, shall enter into a written 1,509
agreement with the school district board for the construction and 1,510
sale of the project, which agreement shall include, but need not 1,511
be limited to, the following provisions:
(A) The sale and issuance of bonds or notes in 1,513
anticipation thereof, as soon as practicable after the execution 1,514
of the agreement, in an amount equal to the school district's 1,516
portion of the basic project cost, INCLUDING ANY BONDS PREVIOUSLY 1,517
AUTHORIZED BY THE DISTRICT'S ELECTORS AS DESCRIBED IN SECTION 1,518
3318.033 OF THE REVISED CODE; provided, that if at that time the 1,519
county treasurer of each county in which the school district is 1,521
located has not commenced the collection of taxes on the general 1,522
duplicate of real and public utility property for the year in 1,523
which the controlling board approved the project, the school 1,524
district board shall authorize the issuance of a first 1,525
installment of bond anticipation notes in an amount specified by 1,526
the agreement, which amount shall not exceed an amount necessary 1,527
to raise the net bonded indebtedness of the school district as of 1,528
the date of the controlling board's approval to within five 1,530
thousand dollars of the required level of indebtedness for the 1,531
preceding year. In the event that a first installment of bond 1,532
anticipation notes is issued, the school district board shall, as 1,533
soon as practicable after the county treasurer of each county in 1,534
which the school district is located has commenced the collection 1,535
of taxes on the general duplicate of real and public utility 1,536
property for the year in which the controlling board approved the 1,537
project, authorize the issuance of a second and final installment 1,539
of bond anticipation notes or a first and final issue of bonds. 1,540
36
The combined value of the first and second installment of 1,543
bond anticipation notes or the value of the first and final issue 1,544
of bonds shall be equal to the school district's portion of the 1,545
basic project cost. The proceeds of any such bonds shall be used 1,546
first to retire any bond anticipation notes. Otherwise, the 1,549
proceeds of such bonds and of any bond anticipation notes, except 1,550
the premium and accrued interest thereon, shall be deposited in 1,551
the school district's project construction fund. In determining 1,552
the amount of net bonded indebtedness for the purpose of fixing 1,553
the amount of an issue of either bonds or bond anticipation 1,554
notes, gross indebtedness shall be reduced by moneys in the bond 1,555
retirement fund only to the extent of the moneys therein on the 1,556
first day of the year preceding the year in which the controlling 1,557
board approved the project. Should there be a decrease in the 1,559
tax valuation of the school district so that the amount of 1,560
indebtedness that can be incurred on the tax duplicates for the 1,562
year in which the controlling board approved the project is less 1,564
than the amount of the first installment of bond anticipation 1,565
notes, there shall be paid from the school district's project 1,566
construction fund to the school district's bond retirement fund 1,568
to be applied against such notes an amount sufficient to cause 1,569
the net bonded indebtedness of the school district, as of the 1,570
first day of the year following the year in which the controlling 1,571
board approved the project, to be within five thousand dollars of 1,572
the required level of indebtedness for the year in which the 1,573
controlling board approved the project. The maximum amount of 1,576
indebtedness to be incurred by any school district board as its 1,577
share of the cost of the project is either an amount that will 1,578
cause its net bonded indebtedness, as of the first day of the 1,580
year following the year in which the controlling board approved 1,581
the project, to be within five thousand dollars of the required 1,582
level of indebtedness, or an amount equal to the required 1,585
percentage of the basic project costs, whichever is greater. All 1,586
bonds and bond anticipation notes shall be issued in accordance 1,587
37
with Chapter 133. of the Revised Code, and notes may be renewed 1,588
as provided in section 133.22 of the Revised Code. 1,589
(B)(1) The transfer of such funds of the school district 1,591
board available for the project, together with the proceeds of 1,592
the sale of the bonds or notes, except premium, accrued interest, 1,593
and interest included in the amount of the issue, to the school 1,594
district's project construction fund; 1,595
(2) IF SECTION 3318.052 OF THE REVISED CODE APPLIES, THE 1,597
EARMARKING OF THE PROCEEDS OF A TAX LEVIED UNDER SECTION 5705.21 1,598
OF THE REVISED CODE FOR GENERAL ONGOING PERMANENT IMPROVEMENTS OR 1,599
THE PROCEEDS OF A SCHOOL DISTRICT INCOME TAX LEVIED UNDER CHAPTER 1,600
5748. OF THE REVISED CODE, OR THE PROCEEDS FROM A COMBINATION OF 1,601
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 1,602
PROJECT AND AN AMOUNT EQUIVALENT TO ALL OR PART OF THE TAX 1,603
REQUIRED UNDER DIVISION (B) OF SECTION 3318.05 OF THE REVISED 1,605
CODE.
(C) Either IF SECTION 3318.052 OF THE REVISED CODE DOES 1,607
NOT APPLY, EITHER of the following: 1,608
(1) The levy of the tax authorized at the election for the 1,610
payment of maintenance costs or payments to the state, as 1,611
specified in division (B) of section 3318.05 of the Revised Code; 1,613
(2) If the school district electors have approved a 1,615
continuing tax of at least two mills for each dollar of valuation 1,616
for general ongoing permanent improvements under section 5705.21 1,618
of the Revised Code and that tax can be used for maintenance, the 1,619
earmarking of an amount of the proceeds from such tax for 1,620
maintenance of classroom facilities or payments to the state as 1,621
specified in division (B) of section 3318.05 of the Revised Code. 1,622
(D) Ownership of or interest in the project during the 1,624
period of construction, which shall be divided between the 1,625
commission and the school district board in proportion to their 1,627
respective contributions to the school district's project 1,628
construction fund; 1,629
38
(E) Maintenance of the state's interest in the project 1,632
until any obligations issued for the project under section 1,633
3318.26 of the Revised Code are no longer outstanding; 1,634
(F) The insurance of the project by the school district 1,636
from the time there is an insurable interest therein and so long 1,637
as the state retains any ownership or interest in the project 1,639
pursuant to division (D) of this section, in such amounts and 1,642
against such risks as the commission shall require; provided, 1,644
that the cost of any required insurance until the project is 1,645
completed shall be a part of the basic project cost;
(G) The certification by the director of budget and 1,647
management that funds are available and have been set aside to 1,648
meet the state's share of the basic project cost as approved by 1,650
the controlling board pursuant to section 3318.04 of the Revised 1,651
Code;
(H) Authorization of the school district board to 1,653
advertise for and receive construction bids for the project, for 1,654
and on behalf of the commission, and to award contracts in the 1,656
name of the state subject to approval by the commission; 1,657
(I) Provisions for the disbursement of moneys from the 1,659
school district's project account upon issuance by the commission 1,661
or the commission's designated representative of vouchers for 1,662
work done to be certified to the commission by the treasurer of 1,665
the school district board; 1,666
(J) Disposal of any balance left in the school district's 1,668
project construction fund upon completion of the project; 1,670
(K) Limitations upon use of the project or any part of it 1,672
so long as any obligations issued to finance the project under 1,674
section 3318.26 of the Revised Code are outstanding; 1,675
(L) Provision for vesting the state's interest in the 1,677
project to the school district board when the obligations issued 1,679
to finance the project under section 3318.26 of the Revised Code 1,680
are outstanding;
(M) Provision for deposit of an executed copy of the 1,682
39
agreement in the office of the commission; 1,683
(N) Provision for termination of the contract and release 1,685
of the funds encumbered at the time of the conditional approval, 1,686
if the proceeds of the sale of the bonds of the school district 1,687
board are not paid into the school district's project 1,688
construction fund and if bids for the construction of the project 1,690
have not been taken within such period after the execution of the 1,691
agreement as may be fixed by the commission; 1,692
(O) Provision for the school district to maintain the 1,694
project in accordance with a plan approved by the commission; 1,696
(P) Provision that all state funds reserved and encumbered 1,699
to pay the state share of the cost of the project pursuant to 1,700
section 3318.03 of the Revised Code be spent on the construction 1,702
or acquisition of the project prior to the expenditure of any 1,703
funds provided by the school district to pay for its share of the 1,704
project cost, unless the school district certifies to the 1,705
commission that expenditure by the school district is necessary 1,706
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 1,707
case, the school district may commit to spend, or spend, a 1,708
portion of the funds it provides; 1,709
(Q) A provision stipulating that the commission may 1,711
prohibit the district from proceeding with any project if the 1,712
commission determines that the site is not suitable for 1,713
construction purposes. The commission may perform soil tests in 1,714
its determination of whether a site is appropriate for
construction purposes. 1,715
Sec. 3318.084. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN 1,717
CHAPTER 3318. OF THE REVISED CODE, A SCHOOL DISTRICT BOARD MAY 1,719
APPLY ANY LOCAL DONATED CONTRIBUTION TOWARD THE DISTRICT'S 1,720
PORTION OF THE BASIC PROJECT COST OF A PROJECT UNDER SECTIONS 1,721
3318.01 TO 3318.20 OF THE REVISED CODE AND MAY USE SUCH LOCAL 1,722
DONATED CONTRIBUTION TO REDUCE THE AMOUNT OF BONDS THE DISTRICT 1,723
OTHERWISE MUST ISSUE IN ORDER TO RECEIVE STATE ASSISTANCE UNDER 1,724
40
THOSE SECTIONS. 1,725
AS USED IN THIS SECTION, "LOCAL DONATED CONTRIBUTION" MEANS 1,728
EITHER OF THE FOLLOWING:
(A) ANY MONEYS IRREVOCABLY DONATED OR GRANTED TO A SCHOOL 1,730
DISTRICT BOARD BY A SOURCE OTHER THAN THE STATE WHICH THE BOARD 1,732
HAS THE AUTHORITY TO APPLY TO THE SCHOOL DISTRICT'S PROJECT UNDER 1,733
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE AND WHICH THE 1,734
BOARD HAS PLEDGED FOR THAT PURPOSE BY RESOLUTION ADOPTED BY A
MAJORITY OF ITS MEMBERS; 1,735
(B) ANY IRREVOCABLE LETTER OF CREDIT ISSUED ON BEHALF OF A 1,737
SCHOOL DISTRICT OR ANY CASH A SCHOOL DISTRICT HAS ON HAND, 1,738
INCLUDING ANY YEAR-END OPERATING FUND BALANCES, THAT CAN BE SPENT 1,739
FOR CLASSROOM FACILITIES, EITHER OF WHICH THE SCHOOL DISTRICT 1,742
BOARD HAS ENCUMBERED FOR PAYMENT OF THE SCHOOL DISTRICT'S SHARE 1,743
OF ITS PROJECT UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED 1,744
CODE AND EITHER OF WHICH HAS BEEN APPROVED BY THE OHIO SCHOOL 1,745
FACILITIES COMMISSION IN CONSULTATION WITH THE DEPARTMENT OF
EDUCATION. 1,746
NO STATE MONEYS SHALL BE RELEASED FOR A PROJECT TO WHICH 1,748
THIS SECTION APPLIES UNTIL ANY DONATED LOCAL CONTRIBUTION 1,749
AUTHORIZED UNDER THIS SECTION IS FIRST DEPOSITED INTO THE SCHOOL 1,750
DISTRICT'S PROJECT CONSTRUCTION FUND. 1,751
Sec. 3318.085. (A) AS USED IN THIS SECTION, "ELIGIBLE 1,753
SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT THAT IS ELIGIBLE FOR 1,754
STATE ASSISTANCE UNDER CHAPTER 3318. OF THE REVISED CODE, AND FOR 1,755
WHICH THE AMOUNT OF BOND MONEY THAT WILL BE USED TO RAISE THE 1,757
SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT COST OF A 1,758
CLASSROOM FACILITIES PROJECT UNDER THAT CHAPTER IS NOT GREATER 1,759
THAN TEN MILLION DOLLARS.
(B) NOTWITHSTANDING ANY PROVISION OF THE REVISED CODE TO 1,763
THE CONTRARY, BEGINNING JANUARY 1, 2001, SOLELY FOR THE PURPOSE
OF ACQUIRING CLASSROOM FACILITIES UNDER ANY PROGRAM AUTHORIZED IN 1,765
CHAPTER 3318. OF THE REVISED CODE, THE BOARDS OF EDUCATION OF TWO 1,767
OR MORE ELIGIBLE SCHOOL DISTRICTS MAY ENTER INTO AN AGREEMENT 1,769
41
WITH THE TREASURER OF STATE, UNDER WHICH THE TREASURER OF STATE
SHALL, PURSUANT TO SECTION 135.143 OF THE REVISED CODE, COMBINE 1,770
INTO A SINGLE POOL THE BONDS THAT HAVE BEEN APPROVED FOR EACH 1,772
SCHOOL DISTRICT BY ITS ELECTORS. ANY BONDS ISSUED UNDER SUCH AN 1,773
AGREEMENT SHALL BE CHAPTER 133. SECURITIES. THE LIABILITY OF ANY 1,774
SCHOOL DISTRICT UNDER THE AGREEMENT SHALL NOT EXCEED THE AMOUNT 1,777
NECESSARY TO PAY THE PRINCIPAL AND INTEREST ON THAT SCHOOL 1,778
DISTRICT'S PORTION OF THE COST OF ACQUIRING THE CLASSROOM
FACILITIES APPROVED FOR THE SCHOOL DISTRICT UNDER CHAPTER 3318. 1,780
OF THE REVISED CODE PLUS ITS SHARE OF THE FINANCING COSTS 1,782
ASSOCIATED WITH THE ISSUANCE OF BONDS UNDER THE AGREEMENT. THE 1,783
CUMULATIVE TOTAL INDEBTEDNESS ISSUED FOR ALL SCHOOL DISTRICTS 1,784
COMBINED UNDER THE AGREEMENT SHALL NOT BE LESS THAN TEN MILLION 1,786
DOLLARS. THE AGREEMENT AND ANY BONDS ISSUED IN ACCORDANCE WITH 1,787
THE AGREEMENT SHALL HOLD THE STATE HARMLESS FOR ANY LIABILITY OR 1,788
OBLIGATION INCURRED BY A SCHOOL DISTRICT UNDER THE AGREEMENT OR 1,789
BONDS. THE TREASURER OF STATE MAY EMPLOY THE SERVICES OF A 1,790
NEGOTIATING UNDERWRITER FOR NEGOTIATION OF ANY BOND POOL UNDER
THIS SECTION. THE TREASURER OF STATE SHALL NOT ENTER INTO MORE 1,791
THAN TWO AGREEMENTS UNDER THIS SECTION IN ANY FISCAL YEAR. 1,792
Sec. 3318.11. For any project for which the state's 1,801
portion of the basic project cost exceeds forty TWENTY-FIVE 1,802
million dollars, the amount of state appropriations to be 1,804
encumbered for the project in each fiscal biennium shall be 1,805
determined by the Ohio school facilities commission based on the 1,806
project's estimated construction schedule for that biennium. In 1,807
each fiscal biennium subsequent to the first biennium in which 1,808
state appropriations are encumbered for the project, the project 1,809
has priority for state funds over projects for which initial
state funding is sought. 1,810
Sec. 3318.13. Notwithstanding any provision of sections 1,819
5705.27 to 5705.50 of the Revised Code, the tax to be levied on 1,820
all taxable property within a school district for the purpose of 1,821
paying the cost of maintaining the classroom facilities included 1,822
42
in the project or for paying the state under the agreement 1,824
provided in section 3318.08 of the Revised Code or the
supplemental agreement provided in section 3318.081 of the 1,825
Revised Code shall be included in the budget of the school 1,826
district for each year upon the certification to the county 1,827
budget commission or commissions of the county or counties in 1,828
which said school district is located, by the Ohio school 1,829
facilities commission of the balance due the state under said 1,831
agreement or supplemental agreement. Such certification shall be 1,832
made on or before the fifteenth day of July in each year. 1,833
Thereafter, the respective county budget commissions shall treat 1,834
such certification as an additional item on the tax budget for 1,835
the school district as to which such certification has been made 1,836
and shall provide for the levy therefor in the manner provided in 1,837
sections 5705.27 to 5705.50 of the Revised Code for tax levies 1,838
included directly in the budgets of the subdivisions. 1,839
The levy of taxes shall be included in the next annual tax 1,841
budget that is certified to the county budget commission after 1,842
the execution of the agreement for the project. 1,843
Sec. 3318.14. Notwithstanding the provision of section 1,852
321.31 of the Revised Code, immediately after each settlement 1,853
with the county auditor, on presentation of the warrant of the 1,854
county auditor therefor, the county treasurer shall pay to the 1,855
school district the proceeds of the tax levy provided in section 1,856
3318.13 of the Revised Code to be used to pay the cost of
maintaining the classroom facilities included in the project and 1,858
pay to the Ohio school facilities commission any proceeds of the 1,860
tax levy provided in section 3318.13 of the Revised Code to be 1,861
paid to the state.
Sec. 3318.15. There is hereby created the public school 1,870
building fund within the state treasury consisting of all moneys 1,871
received from payments to the state pursuant to division (C) of 1,873
section 3318.08 of the Revised Code, any moneys transferred or 1,874
appropriated to the fund by the general assembly, and any grants, 1,875
43
gifts, or contributions received by the Ohio school facilities 1,876
commission to be used for the purposes of the fund. All 1,877
investment earnings of the fund shall be credited to the fund.
Moneys transferred or appropriated to the fund by the 1,879
general assembly and moneys in the fund from grants, gifts, and 1,880
contributions shall be used for the purposes of sections 3318.01 1,882
to 3318.20 of the Revised Code. The moneys in the fund received 1,883
from payments to the state pursuant to division (C) of section 1,884
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 1,887
of sections 3318.01 to 3318.20 of the Revised Code and partially 1,889
to pay bond service charges as defined in division (C) of section 1,890
3318.21 of the Revised Code on obligations. 1,891
Sec. 3318.31. (A) The Ohio school facilities commission 1,901
may perform any act and ensure the performance of any function 1,902
necessary or appropriate to carry out the purposes of, and 1,903
exercise the powers granted under, sections 3318.01 to 3318.33 1,904
and section 3318.36 CHAPTER 3318. of the Revised Code, including 1,905
any of the following: 1,907
(1) Employ and fix the compensation of such employees as 1,911
will facilitate the activities and purposes of the commission, 1,912
and who shall serve at the pleasure of the commission.
(2) Adopt, amend, and rescind, pursuant to section 111.15 1,915
of the Revised Code, rules for the administration of sections 1,917
3318.01 to 3318.33 and section 3318.36 PROGRAMS AUTHORIZED UNDER 1,918
CHAPTER 3318. of the Revised Code. 1,920
(3) Contract with, retain the services of, or designate, 1,923
and fix the compensation of, such agents, accountants, 1,924
consultants, advisers, and other independent contractors as may 1,925
be necessary or desirable to carry out the purposes of sections 1,926
3318.01 to 3318.33 and section 3318.36 PROGRAMS AUTHORIZED UNDER 1,927
CHAPTER 3318. of the Revised Code. 1,928
(4) Receive and accept any gifts, grants, donations, and 1,931
pledges, and receipts therefrom, to be used for the purposes of 1,932
44
sections 3318.01 to 3318.33 and section 3318.36 PROGRAMS 1,933
AUTHORIZED UNDER CHAPTER 3318. of the Revised Code. 1,934
(5) Make and enter into all contracts, commitments, and 1,937
agreements, and execute all instruments, necessary or incidental 1,938
to the performance of its duties and the execution of its rights 1,939
and powers under sections 3318.01 to 3318.33 and section 3318.36 1,940
CHAPTER 3318. of the Revised Code. 1,942
(B) The attorney general shall serve as the legal 1,945
representative for the commission and may appoint other counsel
as necessary for that purpose in accordance with section 109.07 1,947
of the Revised Code. 1,948
Sec. 3318.311. NOT LESS THAN SIX MONTHS AFTER THE 1,950
EFFECTIVE DATE OF THIS SECTION, THE OHIO SCHOOL FACILITIES 1,951
COMMISSION SHALL PRESENT TO THE SPEAKER OF THE HOUSE OF 1,952
REPRESENTATIVES, THE PRESIDENT OF THE SENATE, AND THE GOVERNOR A 1,953
PROPOSAL FOR LEGISLATION TO PROVIDE CLASSROOM FACILITIES 1,954
ASSISTANCE TO JOINT VOCATIONAL SCHOOL DISTRICTS. 1,955
NOT LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS 1,958
SECTION, THE COMMISSION SHALL ESTABLISH DESIGN SPECIFICATIONS FOR
CLASSROOM FACILITIES THAT ARE APPROPRIATE FOR JOINT VOCATIONAL 1,960
EDUCATION PROGRAMS. THE SPECIFICATIONS SHALL PROVIDE STANDARDS 1,961
FOR APPROPRIATE PUPIL INSTRUCTION SPACE BUT SHALL NOT INCLUDE 1,962
STANDARDS FOR ANY VOCATIONAL EDUCATION FURNISHINGS OR EQUIPMENT 1,963
THAT IS NOT COMPARABLE TO, OR THE VOCATIONAL EDUCATION EQUIVALENT 1,964
OF, THE FURNISHINGS OR EQUIPMENT FOR WHICH ASSISTANCE IS 1,966
AVAILABLE TO OTHER SCHOOL DISTRICTS UNDER SECTIONS 3318.01 TO 1,967
3318.20 OF THE REVISED CODE.
Sec. 3318.351. (A) AS USED IN THIS SECTION: 1,969
(1) "CLASSROOM FACILITIES" HAS THE SAME MEANING AS IN 1,971
SECTION 3318.01 OF THE REVISED CODE. 1,972
(2) "EMERGENCY PROJECT" MEANS RECONSTRUCTION OR RENOVATION 1,974
OF OR REPAIR TO ANY CLASSROOM FACILITIES MADE NECESSARY BECAUSE 1,975
OF DAMAGE DUE TO AN ACT OF GOD. 1,976
(3) "ELIGIBLE SCHOOL DISTRICT" MEANS ANY SCHOOL DISTRICT 1,978
45
IN THE FIRST THROUGH ONE-HUNDREDTH PERCENTILES AS DETERMINED 1,979
UNDER SECTION 3318.011 OF THE REVISED CODE. 1,980
(B)(1) THERE IS HEREBY ESTABLISHED THE SCHOOL BUILDING 1,982
EMERGENCY ASSISTANCE PROGRAM, UNDER WHICH THE OHIO SCHOOL 1,983
FACILITIES COMMISSION SHALL DISTRIBUTE GRANTS TO ELIGIBLE SCHOOL 1,984
DISTRICTS FROM MONEYS SPECIFICALLY APPROPRIATED BY THE GENERAL 1,986
ASSEMBLY FOR THE PURPOSES OF THIS SECTION TO ASSIST IN EMERGENCY 1,987
PROJECTS. ANY ASSISTANCE UNDER THIS SECTION SHALL BE USED TO PAY 1,988
THE COST OF ONLY THE PORTION OF AN EMERGENCY PROJECT THAT IS NOT 1,989
COVERED BY INSURANCE OR OTHER PUBLIC OR PRIVATE EMERGENCY 1,990
ASSISTANCE RECEIVED BY OR PAYABLE TO THE SCHOOL DISTRICT. ANY 1,991
DAMAGE TO CLASSROOM FACILITIES CAUSED BY AGE OF THE FACILITIES OR 1,992
BY LACK OF TIMELY MAINTENANCE TO THE FACILITIES SHALL NOT 1,993
CONSTITUTE DAMAGE THAT IS SUBJECT TO ASSISTANCE UNDER THIS 1,994
SECTION. 1,995
(2) THE COMMISSION SHALL ESTABLISH PROCEDURES AND 1,997
DEADLINES FOR ELIGIBLE SCHOOL DISTRICTS TO FOLLOW IN APPLYING FOR 1,998
ASSISTANCE UNDER THIS SECTION. THE COMMISSION SHALL CONSIDER 1,999
SUCH APPLICATIONS ON A CASE-BY-CASE BASIS TAKING INTO ACCOUNT THE 2,000
AMOUNT OF MONEYS AVAILABLE UNDER THIS SECTION. 2,001
(3) EVERY EFFORT SHALL BE MADE TO CONFORM AN EMERGENCY 2,003
PROJECT TO DESIGN SPECIFICATIONS ADOPTED BY THE COMMISSION, 2,004
INCLUDING MINIMUM CAPACITY REQUIREMENTS ADOPTED UNDER SECTION 2,005
3318.03 OF THE REVISED CODE, UNLESS IN THE JUDGMENT OF THE 2,006
COMMISSION IT IS NOT POSSIBLE TO CONFORM THE PROJECT TO SUCH 2,007
SPECIFICATIONS.
Sec. 3318.36. (A) As used in this section: 2,017
(1) "Ohio school facilities commission," "classroom 2,019
facilities," "school district," "school district board," "net 2,020
bonded indebtedness," "required percentage of the basic project 2,021
costs," "basic project cost," "valuation," and "percentile" have 2,022
the same meanings as in section 3318.01 of the Revised Code. 2,023
(2) "Required level of indebtedness" means five per cent 2,025
of the school district's valuation for the year preceding the 2,026
46
year in which the commission and school district enter into an 2,027
agreement under division (B) of this section, plus [two 2,028
one-hundredths of one per cent multiplied by (the percentile in 2,029
which the district ranks in the fiscal year the commission and 2,030
the school district enter into such agreement minus one)<. 2,031
(3) "LOCAL RESOURCES" MEANS ANY MONEYS GENERATED IN ANY 2,033
MANNER PERMITTED FOR A SCHOOL DISTRICT BOARD TO RAISE THE SCHOOL 2,034
DISTRICT PORTION OF A PROJECT UNDERTAKEN WITH ASSISTANCE UNDER 2,036
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE. 2,037
(B)(1) There is hereby established the school building 2,039
assistance expedited local partnership program. Under the 2,040
program, the Ohio school facilities commission may enter into an 2,041
agreement with the school district board of any school district 2,043
ranked in the twentieth to fortieth percentiles, as determined 2,044
under section 3318.011 of the Revised Code in the fiscal year 2,045
that the commission and school district board enter into such 2,047
agreement. Under the agreement, UNDER WHICH the school district 2,049
board may proceed with the new construction or major repairs of a 2,050
part of the school district's classroom facilities needs, as 2,051
determined under sections 3318.01 to 3318.20 of the Revised Code, 2,052
through the expenditure of local resources prior to the school 2,053
district's eligibility for state assistance under sections 2,054
3318.01 to 3318.20 of the Revised Code and may apply that 2,055
expenditure toward meeting the school district's portion of the 2,056
basic project cost of the total of the school district's 2,058
classroom facilities needs, as determined under sections 3318.01
to 3318.20 of the Revised Code and as recalculated under division 2,059
(E) of this section, that are eligible for state assistance under 2,060
sections 3318.01 to 3318.20 of the Revised Code when the school 2,061
district becomes eligible for such state assistance. ANY SCHOOL 2,063
DISTRICT THAT IS REASONABLY EXPECTED TO RECEIVE ASSISTANCE UNDER
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE WITHIN TWO FISCAL 2,064
YEARS FROM THE DATE THE SCHOOL DISTRICT ADOPTS ITS RESOLUTION 2,065
UNDER DIVISION (B) OF THIS SECTION SHALL NOT BE ELIGIBLE TO 2,066
47
PARTICIPATE IN THE PROGRAM.
The commission may enter into an agreement under this 2,068
section with no more than five school districts each year. 2,069
(2) To participate in the program, a school district board 2,071
shall first adopt a resolution certifying to the commission the 2,073
board's intent to participate in the program. 2,074
The commission shall consider school districts for 2,076
participation in the program under this section each year in the 2,077
order in which they adopt the resolutions required under this 2,078
section and submit them to the commission.
THE RESOLUTION SHALL SPECIFY THE APPROXIMATE DATE THAT THE 2,080
BOARD INTENDS TO SEEK ELECTOR APPROVAL OF ANY BOND OR TAX 2,081
MEASURES OR TO APPLY OTHER LOCAL RESOURCES TO USE TO PAY THE COST 2,083
OF CLASSROOM FACILITIES TO BE CONSTRUCTED UNDER THIS SECTION. 2,084
THE RESOLUTION SHALL NOT SPECIFY AN ELECTION SOONER THAN TWELVE 2,085
MONTHS AFTER THE DATE THE RESOLUTION IS ADOPTED BY THE BOARD. 2,086
THE BOARD SHALL SUBMIT ITS RESOLUTION TO THE COMMISSION NOT LATER 2,087
THAN TEN DAYS AFTER THE DATE THE RESOLUTION IS ADOPTED BY THE 2,088
BOARD.
THE COMMISSION SHALL NOT CONSIDER ANY RESOLUTION THAT IS 2,090
SUBMITTED PURSUANT TO DIVISION (B)(2) OF THIS SECTION, AS AMENDED 2,091
BY THIS AMENDMENT, SOONER THAN THE EFFECTIVE DATE OF THIS 2,092
AMENDMENT.
(3) Any project under this section shall comply with 2,094
section 3318.03 of the Revised Code and with any specifications 2,095
for plans and materials for classroom facilities adopted by the 2,096
commission under section 3318.04 of the Revised Code. 2,097
(C) If the commission and a school district board enter 2,099
into an agreement authorized under division (B) of this section, 2,100
the commission shall conduct on-site visits to the school 2,101
district and shall conduct an assessment of the school district's 2,103
classroom facilities needs as authorized in section 3318.021 of 2,104
the Revised Code within six months of the execution of the 2,105
agreement. Based on the results of the on-site visits and 2,106
48
assessment CONDUCTED UNDER DIVISION (B)(2) OF THIS SECTION, the 2,107
commission shall determine the basic project cost of the school 2,108
district's classroom facilities needs. The commission shall 2,109
determine the school district's portion of such basic project 2,110
cost, which shall be the greater of: 2,111
(1) The required percentage of the basic project costs, 2,113
determined based on the school district's percentile ranking in 2,114
the fiscal year the commission and the school district enter into 2,115
the agreement under division (B) of this section; 2,116
(2) An amount necessary to raise the school district's net 2,118
bonded indebtedness, as of the fiscal year the commission and the 2,119
school district enter into the agreement under division (B) of 2,120
this section, to within five thousand dollars of the required 2,121
level of indebtedness.
(D)(1) When the commission determines the basic project 2,123
cost of the classroom facilities needs of a school district and 2,124
the school district's portion of that basic project cost under 2,126
division (C) of this section, the project shall be conditionally 2,127
approved. Such conditional approval shall be submitted to the 2,128
controlling board for approval thereof. The controlling board 2,129
shall forthwith approve or reject the commission's determination, 2,130
conditional approval, and the amount of the state's portion of 2,131
the basic project cost; however, no state funds shall be 2,132
encumbered under this section. Upon approval by the controlling 2,133
board, the school district board may identify a discrete part of 2,134
its classroom facilities needs, which shall include only new 2,135
construction of or additions or major repairs to a particular 2,136
building, to address with local resources. Upon identifying a 2,137
part of the school district's basic project cost to address with 2,138
local resources, the school district board may allocate any 2,139
available school district moneys to pay the cost of that 2,140
identified part, including the proceeds of an issuance of bonds
if approved by the electors of the school district. 2,142
All local resources utilized under this division shall 2,144
49
first be deposited in the project construction account required 2,145
under section 3318.08 of the Revised Code. 2,146
(2) For UNLESS THE SCHOOL DISTRICT BOARD EXERCISES ITS 2,148
OPTION UNDER DIVISION (D)(3) OF THIS SECTION, FOR a school 2,149
district to qualify for participation in the program authorized 2,151
under this section, the EITHER:
(a) THE electors of the school district by a majority vote 2,154
shall approve the levy of taxes outside the ten-mill limitation 2,155
for a period not to exceed OF twenty-three years at the rate of 2,157
NOT LESS THAN one-half mill for each dollar of valuation to be 2,158
used to pay the cost of maintaining the classroom facilities 2,159
included in the basic project cost as determined by the 2,160
commission. The form of the ballot to be used to submit the 2,163
question whether to approve the tax required under this division 2,164
to the electors of the school district shall be the form for an 2,165
additional levy of taxes prescribed in division (C) of section 2,166
3318.06 3318.361 of the Revised Code. Proceeds of this 2,167
additional levy of taxes 2,168
(b) AS AUTHORIZED UNDER DIVISION (C) OF SECTION 3318.05 OF 2,171
THE REVISED CODE, THE SCHOOL DISTRICT BOARD SHALL EARMARK FROM 2,173
THE PROCEEDS OF A PERMANENT IMPROVEMENT TAX LEVIED UNDER SECTION 2,174
5705.21 OF THE REVISED CODE, AN AMOUNT EQUIVALENT TO THE 2,175
ADDITIONAL TAX OTHERWISE REQUIRED UNDER DIVISION (D)(2)(a) OF 2,177
THIS SECTION FOR THE MAINTENANCE OF THE CLASSROOM FACILITIES 2,179
INCLUDED IN THE BASIC PROJECT COST AS DETERMINED BY THE 2,180
COMMISSION.
(3) A SCHOOL DISTRICT BOARD MAY OPT TO DELAY LEVYING THE 2,182
ADDITIONAL TAX REQUIRED UNDER DIVISION (D)(2)(a) OF THIS SECTION 2,184
OR EARMARKING OF THE PROCEEDS OF A PERMANENT IMPROVEMENT TAX 2,185
ALTERNATIVELY REQUIRED UNDER DIVISION (D)(2)(b) OF THIS SECTION 2,187
UNTIL SUCH TIME AS THE SCHOOL DISTRICT BECOMES ELIGIBLE FOR STATE 2,188
ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE. 2,190
IN ORDER TO EXERCISE ITS OPTION UNDER THIS DIVISION, THE BOARD 2,191
SHALL CERTIFY TO THE COMMISSION A RESOLUTION INDICATING THE
50
BOARD'S INTENT TO DO SO PRIOR TO ENTERING INTO AN AGREEMENT UNDER 2,193
DIVISION (B) OF THIS SECTION.
(4) IF PURSUANT TO DIVISION (D)(3) OF THIS SECTION A 2,195
DISTRICT BOARD OPTS TO DELAY LEVYING AN ADDITIONAL TAX UNTIL THE 2,197
DISTRICT BECOMES ELIGIBLE FOR STATE ASSISTANCE, IT SHALL SUBMIT 2,198
THE QUESTION OF LEVYING THAT TAX TO THE DISTRICT ELECTORS AS 2,199
FOLLOWS:
(a) IN ACCORDANCE WITH SECTION 3318.06 OF THE REVISED CODE 2,202
IF IT WILL ALSO BE NECESSARY PURSUANT TO DIVISION (E) OF THIS 2,203
SECTION TO SUBMIT A PROPOSAL FOR APPROVAL OF A BOND ISSUE; 2,204
(b) IN ACCORDANCE WITH SECTION 3318.361 OF THE REVISED 2,207
CODE IF IT IS NOT NECESSARY TO ALSO SUBMIT A PROPOSAL FOR 2,208
APPROVAL OF A BOND ISSUE PURSUANT TO DIVISION (E) OF THIS 2,209
SECTION.
(5) NO STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 2,213
OF THE REVISED CODE SHALL BE RELEASED UNTIL A SCHOOL DISTRICT 2,214
BOARD THAT ADOPTS AND CERTIFIES A RESOLUTION UNDER THIS DIVISION 2,215
EITHER HAS LEVIED THE ADDITIONAL TAX OR HAS EARMARKED THE 2,216
PROCEEDS OF A TAX AS SPECIFIED IN DIVISION (D) OF THIS SECTION. 2,217
ANY AMOUNT REQUIRED FOR MAINTENANCE UNDER DIVISION (D)(2) 2,219
OF THIS SECTION shall be deposited into a separate fund as 2,221
specified in division (B) of section 3318.05 of the Revised Code. 2,222
(E)(1) If the school district becomes eligible for state 2,224
assistance under sections 3318.01 to 3318.20 of the Revised Code 2,226
based on its percentile ranking as determined under division (B) 2,227
of this section, the commission shall conduct a new assessment of 2,228
the school district's classroom facilities needs and shall 2,229
recalculate the basic project cost based on this new assessment. 2,230
The basic project cost recalculated under this division shall 2,231
include the amount of expenditures made by the school district 2,232
board under division (D)(1) of this section. The commission
shall then recalculate the school district's portion of the new 2,233
basic project cost by utilizing, WHICH SHALL BE the proportion 2,234
PERCENTAGE of the original basic project cost assigned to the 2,237
51
school district as its portion under division (C) of this
section. The commission shall deduct the expenditure of school 2,238
district moneys made under division (D)(1) of this section from 2,240
the school district's portion of the basic project cost as
recalculated under this division. If the amount of school 2,242
district resources applied by the school district board to the
school district's portion of the basic project cost under this 2,244
section is less than the total amount of such portion as 2,245
recalculated under this division, the school district board by a 2,246
majority vote of all of its members shall, if it desires to seek 2,247
state assistance under sections 3318.01 to 3318.20 of the Revised 2,248
Code, adopt a resolution as specified in section 3318.06 of the 2,249
Revised Code to submit to the electors of the school district the 2,250
question of approval of a bond issue in order to pay any 2,251
additional amount of school district portion required for state 2,252
assistance. The ANY tax levy approved under division (D)(2) of 2,254
this section shall satisfy SATISFIES the requirements to levy the 2,255
one-half mill additional tax under section 3318.06 of the Revised 2,256
Code.
(2) If the amount of school district resources applied by 2,258
the school district board to the school district's portion of the 2,259
basic project cost under this section is more than the total 2,260
amount of such portion as recalculated under this division, 2,261
WITHIN ONE YEAR AFTER THE SCHOOL DISTRICT'S PORTION IS 2,262
RECALCULATED UNDER DIVISION (E)(1) OF THIS SECTION the commission 2,263
may reimburse GRANT to the school district the difference between 2,264
the two calculated portions, but at no time shall the commission 2,266
expend any state funds on a project in an amount greater than the 2,267
state's portion of the basic project cost as recalculated under 2,268
this division. 2,269
ANY REIMBURSEMENT UNDER THIS DIVISION SHALL BE ONLY FOR 2,271
LOCAL RESOURCES THE SCHOOL DISTRICT HAS APPLIED TOWARD 2,272
CONSTRUCTION COST EXPENDITURES FOR THE CLASSROOM FACILITIES 2,273
APPROVED BY THE COMMISSION, WHICH SHALL NOT INCLUDE ANY FINANCING 2,274
52
COSTS ASSOCIATED WITH THAT CONSTRUCTION. 2,275
THE SCHOOL DISTRICT BOARD SHALL USE ANY MONEYS REIMBURSED 2,277
TO THE DISTRICT UNDER THIS DIVISION TO PAY OFF ANY DEBT SERVICE 2,278
THE DISTRICT OWES FOR CLASSROOM FACILITIES CONSTRUCTED UNDER ITS 2,279
PROJECT UNDER THIS SECTION BEFORE SUCH MONEYS ARE APPLIED TO ANY 2,280
OTHER PURPOSE.
Sec. 3318.361. A SCHOOL DISTRICT BOARD OPTING TO QUALIFY 2,282
FOR STATE ASSISTANCE PURSUANT TO SECTION 3318.36 OF THE REVISED 2,284
CODE THROUGH LEVYING THE TAX SPECIFIED IN DIVISION (D)(2)(a) OR 2,287
(D)(4) OF THAT SECTION SHALL DECLARE BY RESOLUTION THAT THE 2,289
QUESTION OF A TAX LEVY SPECIFIED IN DIVISION (D)(2)(a) OR (4), AS 2,290
APPLICABLE, OF SECTION 3318.36 OF THE REVISED CODE SHALL BE 2,291
SUBMITTED TO THE ELECTORS OF THE SCHOOL DISTRICT AT THE NEXT 2,293
GENERAL OR PRIMARY ELECTION, IF THERE BE A GENERAL OR PRIMARY 2,294
ELECTION NOT LESS THAN SEVENTY-FIVE AND NOT MORE THAN NINETY-FIVE 2,295
DAYS AFTER THE DAY OF THE ADOPTION OF SUCH RESOLUTION OR, IF NOT, 2,296
AT A SPECIAL ELECTION TO BE HELD AT A TIME SPECIFIED IN THE 2,297
RESOLUTION WHICH SHALL BE NOT LESS THAN SEVENTY-FIVE DAYS AFTER 2,298
THE DAY OF THE ADOPTION OF THE RESOLUTION AND WHICH SHALL BE IN 2,299
ACCORDANCE WITH THE REQUIREMENTS OF SECTION 3501.01 OF THE 2,300
REVISED CODE. SUCH RESOLUTION SHALL SPECIFY BOTH OF THE 2,301
FOLLOWING:
(A) THAT THE RATE WHICH IT IS NECESSARY TO LEVY SHALL BE 2,303
AT THE RATE OF NOT LESS THAN ONE-HALF MILL FOR EACH ONE DOLLAR OF 2,304
VALUATION, AND THAT SUCH TAX SHALL BE LEVIED FOR A PERIOD OF 2,307
TWENTY-THREE YEARS;
(B) THAT THE PROCEEDS OF THE TAX SHALL BE USED TO PAY THE 2,309
COST OF MAINTAINING THE CLASSROOM FACILITIES INCLUDED IN THE 2,310
PROJECT.
A COPY OF SUCH RESOLUTION SHALL AFTER ITS PASSAGE AND NOT 2,312
LESS THAN SEVENTY-FIVE DAYS PRIOR TO THE DATE SET THEREIN FOR THE 2,313
ELECTION BE CERTIFIED TO THE COUNTY BOARD OF ELECTIONS. 2,314
NOTICE OF THE ELECTION SHALL INCLUDE THE FACT THAT THE TAX 2,316
LEVY SHALL BE AT THE RATE OF NOT LESS THAN ONE-HALF MILL FOR EACH 2,317
53
ONE DOLLAR OF VALUATION FOR A PERIOD OF TWENTY-THREE YEARS, AND 2,320
THAT THE PROCEEDS OF THE TAX SHALL BE USED TO PAY THE COST OF 2,321
MAINTAINING THE CLASSROOM FACILITIES INCLUDED IN THE PROJECT. 2,322
THE FORM OF THE BALLOT TO BE USED AT SUCH ELECTION SHALL 2,324
BE: 2,325
"SHALL A LEVY OF TAXES BE MADE FOR A PERIOD OF TWENTY-THREE 2,328
YEARS TO BENEFIT THE ............ (HERE INSERT NAME OF SCHOOL 2,329
DISTRICT) SCHOOL DISTRICT, THE PROCEEDS OF WHICH SHALL BE USED TO 2,330
PAY THE COST OF MAINTAINING THE CLASSROOM FACILITIES INCLUDED IN 2,331
THE PROJECT AT THE RATE OF .......... (HERE INSERT THE NUMBER OF 2,332
MILLS, WHICH SHALL NOT BE LESS THAN ONE-HALF MILL) MILLS FOR EACH 2,334
ONE DOLLAR OF VALUATION? 2,335
_______________________________________________ 2,337
FOR THE TAX LEVY 2,338
_______________________________________________ 2,339
AGAINST THE TAX LEVY 2,340
_______________________________________________ " 2,341
Sec. 3318.362. THIS SECTION APPLIES ONLY TO A SCHOOL 2,344
DISTRICT THAT PARTICIPATES IN THE SCHOOL BUILDING ASSISTANCE 2,345
EXPEDITED LOCAL PARTNERSHIP PROGRAM UNDER SECTION 3318.36 OF THE 2,346
REVISED CODE. 2,347
NOTWITHSTANDING THE TWENTY-THREE YEAR MAXIMUM MATURITY FOR 2,349
BONDS PROPOSED TO BE ISSUED BY A SCHOOL DISTRICT BOARD FOR A 2,350
CLASSROOM FACILITIES PROJECT PURSUANT TO DIVISION (C) OF SECTION 2,351
3318.06 OF THE REVISED CODE, A SCHOOL DISTRICT BOARD THAT ENTERS 2,352
INTO AN AGREEMENT WITH THE OHIO SCHOOL FACILITIES COMMISSION 2,354
UNDER DIVISION (B) OF SECTION 3318.36 OF THE REVISED CODE MAY 2,356
PROPOSE FOR ISSUANCE ANY BONDS NECESSARY FOR ITS PARTICIPATION IN 2,357
THE PROGRAM UNDER SECTION 3318.36 OF THE REVISED CODE FOR A TERM 2,358
LONGER THAN TWENTY-THREE YEARS BUT NOT TO EXCEED THE TERM 2,359
CALCULATED PURSUANT TO SECTION 133.20 OF THE REVISED CODE. ANY 2,360
MONEYS RECEIVED FROM THE STATE UNDER DIVISION (E)(2) OF SECTION 2,361
3318.36 OF THE REVISED CODE SHALL BE APPLIED, AS AGREED IN 2,363
WRITING BY THE SCHOOL DISTRICT BOARD AND THE COMMISSION, TO PAY
54
DEBT SERVICE ON OUTSTANDING BONDS OR BOND ANTICIPATION NOTES 2,365
ISSUED BY THE SCHOOL DISTRICT BOARD FOR ITS PARTICIPATION IN THE 2,366
EXPEDITED LOCAL PARTNERSHIP PROGRAM, INCLUDING BY PLACING THOSE 2,367
MONEYS IN AN APPLICABLE ESCROW FUND UNDER DIVISION (D) OF SECTION 2,368
133.34 OF THE REVISED CODE. 2,369
Sec. 3318.37. (A) AS USED IN THIS SECTION: 2,371
(1) "LOW WEALTH SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT 2,373
IN THE FIRST THROUGH FIFTIETH PERCENTILES AS DETERMINED UNDER 2,374
SECTION 3318.011 OF THE REVISED CODE. 2,375
(2) A "SCHOOL DISTRICT WITH AN EXCEPTIONAL NEED FOR 2,377
IMMEDIATE CLASSROOM FACILITIES ASSISTANCE" MEANS A LOW WEALTH 2,378
SCHOOL DISTRICT WITH AN EXCEPTIONAL NEED FOR NEW FACILITIES IN 2,380
ORDER TO PROTECT THE HEALTH AND SAFETY OF ALL OR A PORTION OF ITS 2,381
STUDENTS. SCHOOL DISTRICTS REASONABLY EXPECTED TO BE ELIGIBLE 2,382
FOR STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE
REVISED CODE WITHIN THREE FISCAL YEARS AFTER ASSISTANCE UNDER 2,383
THIS SECTION IS BEING CONSIDERED BY THE OHIO SCHOOL FACILITIES 2,384
COMMISSION, AND SCHOOL DISTRICTS THAT PARTICIPATE IN THE SCHOOL 2,386
BUILDING ASSISTANCE EXPEDITED LOCAL PARTNERSHIP PROGRAM UNDER 2,387
SECTION 3318.36 OF THE REVISED CODE SHALL NOT BE ELIGIBLE FOR 2,389
ASSISTANCE UNDER THIS SECTION. 2,390
(B)(1) THERE IS HEREBY ESTABLISHED THE EXCEPTIONAL NEEDS 2,392
SCHOOL FACILITIES ASSISTANCE PROGRAM. UNDER THE PROGRAM, THE 2,393
OHIO SCHOOL FACILITIES COMMISSION MAY SET ASIDE FROM THE MONEYS 2,394
ANNUALLY APPROPRIATED TO IT FOR CLASSROOM FACILITIES ASSISTANCE 2,396
PROJECTS UP TO TWENTY-FIVE PER CENT FOR ASSISTANCE TO SCHOOL 2,397
DISTRICTS WITH EXCEPTIONAL NEEDS FOR IMMEDIATE CLASSROOM 2,398
FACILITIES ASSISTANCE.
(2)(a) AFTER CONSULTING WITH EDUCATION AND CONSTRUCTION 2,400
EXPERTS, THE COMMISSION SHALL ADOPT GUIDELINES FOR IDENTIFYING 2,402
SCHOOL DISTRICTS WITH AN EXCEPTIONAL NEED FOR IMMEDIATE CLASSROOM 2,404
FACILITIES ASSISTANCE.
(b) THE GUIDELINES SHALL INCLUDE APPLICATION FORMS AND 2,406
INSTRUCTIONS FOR SCHOOL DISTRICTS THAT BELIEVE THEY HAVE AN 2,408
55
EXCEPTIONAL NEED FOR IMMEDIATE CLASSROOM FACILITIES ASSISTANCE. 2,409
(3) THE COMMISSION SHALL EVALUATE THE CLASSROOM 2,411
FACILITIES, AND THE NEED FOR REPLACEMENT CLASSROOM FACILITIES 2,412
FROM THE APPLICATIONS RECEIVED UNDER THIS SECTION. THE 2,413
COMMISSION, UTILIZING THE GUIDELINES ADOPTED UNDER DIVISION 2,414
(B)(2)(a) OF THIS SECTION, SHALL PRIORITIZE THE SCHOOL DISTRICTS 2,417
TO BE ASSESSED.
NOTWITHSTANDING SECTION 3318.02 OF THE REVISED CODE, THE 2,419
COMMISSION MAY CONDUCT ON-SITE EVALUATION OF THE SCHOOL DISTRICTS 2,421
PRIORITIZED UNDER THIS SECTION AND APPROVE AND AWARD FUNDS UNTIL
SUCH TIME AS ALL FUNDS SET ASIDE UNDER DIVISION (B)(1) OF THIS 2,423
SECTION HAVE BEEN ENCUMBERED UNDER SECTION 3318.04 OF THE REVISED 2,425
CODE.
(4) NOTWITHSTANDING DIVISION (A) OF SECTION 3318.05 OF THE 2,428
REVISED CODE, THE SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT 2,430
COST UNDER THIS SECTION SHALL BE THE "REQUIRED PERCENTAGE OF THE 2,431
BASIC PROJECT COSTS," AS DEFINED IN DIVISION (K) OF SECTION 2,432
3318.01 OF THE REVISED CODE. 2,433
(5) EXCEPT AS OTHERWISE SPECIFIED IN THIS SECTION, ANY 2,435
PROJECT UNDERTAKEN WITH ASSISTANCE UNDER THIS SECTION SHALL 2,436
COMPLY WITH ALL PROVISIONS OF SECTIONS 3318.01 TO 3318.20 OF THE 2,437
REVISED CODE. A SCHOOL DISTRICT MAY RECEIVE ASSISTANCE UNDER 2,439
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE FOR THE REMAINDER 2,440
OF THE DISTRICT'S CLASSROOM FACILITIES NEEDS AS ASSESSED UNDER 2,441
THIS SECTION WHEN THE DISTRICT IS ELIGIBLE FOR SUCH ASSISTANCE 2,442
PURSUANT TO SECTION 3318.02 OF THE REVISED CODE, BUT ANY 2,443
CLASSROOM FACILITY CONSTRUCTED WITH ASSISTANCE UNDER THIS SECTION 2,444
SHALL NOT BE INCLUDED IN A DISTRICT'S PROJECT AT THAT TIME UNLESS 2,445
THE COMMISSION DETERMINES THE DISTRICT HAS EXPERIENCED THE 2,446
INCREASED ENROLLMENT SPECIFIED IN DIVISION (B)(1) OF SECTION 2,447
3318.04 OF THE REVISED CODE.
Sec. 3318.38. (A) AS USED IN THIS SECTION, "BIG-EIGHT 2,449
SCHOOL DISTRICT" HAS THE SAME MEANING AS IN SECTION 3314.02 OF 2,450
THE REVISED CODE. 2,451
56
(B) THERE IS HEREBY ESTABLISHED THE ACCELERATED URBAN 2,453
SCHOOL BUILDING ASSISTANCE PROGRAM. UNDER THE PROGRAM, 2,454
NOTWITHSTANDING SECTION 3318.02 OF THE REVISED CODE, ANY 2,455
BIG-EIGHT SCHOOL DISTRICT THAT HAS NOT BEEN APPROVED TO RECEIVE 2,456
ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE 2,457
BY JULY 1, 2002, MAY BEGINNING ON THAT DATE APPLY FOR APPROVAL OF 2,458
AND BE APPROVED FOR SUCH ASSISTANCE. EXCEPT AS OTHERWISE 2,459
PROVIDED IN THIS SECTION, ANY PROJECT APPROVED AND UNDERTAKEN 2,461
PURSUANT TO THIS SECTION SHALL COMPLY WITH ALL PROVISIONS OF
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE. 2,462
THE OHIO SCHOOL FACILITIES COMMISSION SHALL PROVIDE 2,464
ASSISTANCE TO ANY BIG-EIGHT SCHOOL DISTRICT ELIGIBLE FOR 2,465
ASSISTANCE UNDER THIS SECTION IN THE FOLLOWING MANNER: 2,466
(1) NOTWITHSTANDING SECTION 3318.02 OF THE REVISED CODE: 2,469
(a) NOT LATER THAN JUNE 30, 2002, THE COMMISSION SHALL 2,472
CONDUCT AN ON-SITE VISIT AND SHALL ASSESS THE CLASSROOM 2,473
FACILITIES NEEDS OF EACH BIG-EIGHT SCHOOL DISTRICT ELIGIBLE FOR
ASSISTANCE UNDER THIS SECTION; 2,474
(b) BEGINNING JULY 1, 2002, ANY BIG-EIGHT SCHOOL DISTRICT 2,477
ELIGIBLE FOR ASSISTANCE UNDER THIS SECTION MAY APPLY TO THE 2,478
COMMISSION FOR CONDITIONAL APPROVAL OF ITS PROJECT AS DETERMINED 2,479
BY THE ASSESSMENT CONDUCTED UNDER DIVISION (B)(1)(a) OF THIS 2,480
SECTION. THE COMMISSION MAY CONDITIONALLY APPROVE THAT PROJECT 2,482
AND SUBMIT IT TO THE CONTROLLING BOARD FOR APPROVAL PURSUANT TO 2,483
SECTION 3318.04 OF THE REVISED CODE. 2,484
(2) IF THE CONTROLLING BOARD APPROVES THE PROJECT OF A 2,486
BIG-EIGHT SCHOOL DISTRICT ELIGIBLE FOR ASSISTANCE UNDER THIS 2,487
SECTION, THE COMMISSION AND THE SCHOOL DISTRICT SHALL ENTER INTO 2,488
AN AGREEMENT AS PRESCRIBED IN SECTION 3318.08 OF THE REVISED 2,489
CODE. ANY AGREEMENT EXECUTED PURSUANT TO THIS DIVISION SHALL 2,491
INCLUDE ANY APPLICABLE SEGMENTATION PROVISIONS AS APPROVED BY THE 2,492
COMMISSION UNDER DIVISION (B)(3) OF THIS SECTION. 2,493
(3) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN 2,495
SECTIONS 3318.05, 3318.06, AND 3318.08 OF THE REVISED CODE, A 2,496
57
BIG-EIGHT SCHOOL DISTRICT ELIGIBLE FOR ASSISTANCE UNDER THIS 2,498
SECTION MAY WITH THE APPROVAL OF THE COMMISSION OPT TO DIVIDE THE 2,499
PROJECT AS APPROVED UNDER DIVISION (B)(1)(b) OF THIS SECTION INTO 2,500
DISCRETE SEGMENTS TO BE COMPLETED SEQUENTIALLY. ANY PROJECT 2,502
DIVIDED INTO SEGMENTS SHALL COMPLY WITH ALL OTHER PROVISIONS OF 2,503
SECTIONS 3318.05, 3318.06, AND 3318.08 OF THE REVISED CODE EXCEPT 2,505
AS OTHERWISE SPECIFIED IN THIS DIVISION.
IF A PROJECT IS DIVIDED INTO SEGMENTS UNDER THIS DIVISION: 2,507
(a) THE SCHOOL DISTRICT NEED RAISE ONLY THE AMOUNT EQUAL 2,509
TO ITS PROPORTIONATE SHARE, AS DETERMINED UNDER SECTION 3318.032 2,510
OF THE REVISED CODE, OF EACH SEGMENT AT ANY ONE TIME AND MAY SEEK 2,512
VOTER APPROVAL OF EACH SEGMENT SEPARATELY;
(b) THE STATE'S PROPORTIONATE SHARE, AS DETERMINED UNDER 2,514
SECTION 3318.032 OF THE REVISED CODE, OF ONLY THE SEGMENT WHICH 2,515
HAS BEEN APPROVED BY THE SCHOOL DISTRICT ELECTORS OR FOR WHICH 2,517
THE DISTRICT HAS APPLIED A LOCAL DONATED CONTRIBUTION UNDER 2,518
SECTION 3318.084 OF THE REVISED CODE SHALL BE ENCUMBERED AT ANY 2,520
ONE TIME. ENCUMBRANCE OF ADDITIONAL AMOUNTS TO COVER THE STATE'S 2,521
PROPORTIONATE SHARE OF LATER SEGMENTS SHALL BE APPROVED
SEPARATELY AS THEY ARE APPROVED BY THE SCHOOL DISTRICT ELECTORS 2,522
OR AS THE DISSTRICT APPLIES A LOCAL DONATED CONTRIBUTION TO THE 2,523
SEGMENTS UNDER SECTION 3318.084 OF THE REVISED CODE. IF THE 2,524
STATE'S SHARE OF ANY ONE SEGMENT EXCEEDS TWENTY-FIVE MILLION 2,525
DOLLARS, ENCUMBRANCE OF THAT SHARE IS SUBJECT TO THE PROVISIONS 2,526
OF SECTION 3318.11 OF THE REVISED CODE. 2,527
(c) IF IT IS NECESSARY TO LEVY THE ADDITIONAL TAX FOR 2,529
MAINTENANCE UNDER DIVISION (B) OF SECTION 3318.05 OF THE REVISED 2,532
CODE WITH RESPECT TO ANY SEGMENT OF THE PROJECT, THE DISTRICT MAY 2,533
UTILIZE THE PROVISIONS OF SECTION 3318.061 OF THE REVISED CODE TO 2,534
ENSURE THAT THE MAINTENANCE TAX EXTENDS FOR TWENTY-THREE YEARS 2,537
AFTER THE LAST SEGMENT OF THE PROJECT IS UNDERTAKEN.
Section 2. That existing sections 133.06, 135.143, 2,539
3318.01, 3318.011, 3318.021, 3318.03, 3318.032, 3318.04, 3318.05, 2,542
3318.06, 3318.08, 3318.11, 3318.13, 3318.14, 3318.15, 3318.31, 2,543
58
and 3318.36 and section 3318.18 of the Revised Code are hereby 2,544
repealed.
Section 3. The board of education of any school district 2,546
whose electors have approved a bond issue or tax levy for the 2,547
construction of or additions or major repair to a classroom 2,548
facility within eighteen months prior to the effective date of 2,549
this section may apply the expenditures of the proceeds from such 2,550
bond issue or tax levy as local resources for purposes of the 2,551
district's participation in the School Building Assistance 2,552
Expedited Local Partnership Program under section 3318.36 of the 2,553
Revised Code, as long as the actual construction or repair work 2,554
authorized under the bond issue or tax levy has not commenced 2,555
prior to the execution of the agreement between the Ohio School 2,556
Facilities Commission and the school district board under section 2,558
3318.36 of the Revised Code and the design of the project 2,559
authorized by the bond issue or tax levy complies with 2,560
specifications of the Commission as required under division 2,561
(B)(3) of section 3318.36 of the Revised Code.
Section 4. In fiscal year 2001 only, with the approval of 2,563
the Controlling Board, the Ohio School Facilities Commission may 2,564
limit to not less than fifty-five school districts the number of 2,565
school districts with which the Commission will enter into 2,566
agreements under the School Building Assistance Expedited Local 2,567
Partnership Program pursuant to section 3318.36 of the Revised 2,568
Code, as amended by this act. The Commission shall adopt 2,569
reasonable guidelines to determine the school districts with 2,570
which it will enter into agreements under that section in the 2,571
event that it limits the number of such school districts pursuant 2,573
to this section and more than the specified number of school 2,574
districts apply for participation in the program in that fiscal 2,575
year.
Section 5. Notwithstanding the limitation on additional 2,577
assistance to five school districts per year as prescribed in 2,578
division (B)(2) of section 3318.04 of the Revised Code as amended 2,579
59
by this act, in fiscal years 2001 and 2002, the Ohio School 2,580
Facilities Commission may at its discretion provide such 2,581
additional assistance to more than five districts in any fiscal 2,582
year, provided any additional district receiving such assistance 2,583
had approved a tax levy under section 3318.06 of the Revised Code 2,584
at least ten years prior to the effective date of this section 2,585
and is located in a percentile that has received assistance under 2,586
sections 3318.01 to 3318.20 of the Revised Code since May 20, 2,587
1997, and if the Commission determines that it is necessary in 2,588
the interest of fairness to provide additional assistance to the 2,589
district because otherwise the district would be required to wait 2,590
more than ten years after its previous levy was approved to be 2,591
considered for additional assistance. 2,592
Section 6. Any school district whose agreement with the 2,594
Ohio School Facilities Commission requires that the school 2,595
district make payments to the state in an amount of one-half the 2,596
proceeds of the tax required under division (B) of section 2,597
3318.05 of the Revised Code in any year that the district's 2,598
adjusted valuation per pupil is above the statewide median 2,599
adjusted valuation per pupil shall not be required to make any 2,600
such payments to the state in any years after the effective date 2,601
of this act.
Section 7. That Sections 10 and 10.02 of Am. Sub. H.B. 282 2,603
of the 123rd General Assembly be amended to read as follows: 2,605
"Sec. 10. SFC SCHOOL FACILITIES COMMISSION 2,607
General Revenue Fund 2,609
GRF 230-428 Lease Rental Payments $ 55,400,000 $ 70,300,000 2,614
TOTAL GRF General Revenue Fund $ 55,400,000 $ 70,300,000 2,617
State Special Revenue Fund Group 2,620
5E3 230-644 Operating Expenses $ 2,609,726 $ 2,738,277 2,625
5,228,277 2,626
TOTAL SSR State Special Revenue 2,627
Fund Group $ 2,609,726 $ 2,738,277 2,630
5,228,277 2,631
60
TOTAL ALL BUDGET FUND GROUPS $ 58,009,726 $ 73,038,277 2,634
75,528,277 2,635
Lease Rental Payments 2,638
The foregoing appropriation item 230-428, Lease Rental 2,640
Payments, shall be used by the School Facilities Commission to 2,641
pay bond service charges on obligations issued pursuant to 2,642
Chapter 3318. of the Revised Code.
Operating Expenses 2,644
The foregoing appropriation item 230-644, Operating 2,646
Expenses, shall be used by the Ohio School Facilities Commission 2,647
to carry out its responsibilities pursuant to this section and 2,648
Chapter 3318. of the Revised Code. 2,649
Within ten days after the effective date of this section, 2,651
or as soon as possible thereafter, the Executive Director of the 2,652
Ohio School Facilities Commission shall certify to the Director 2,653
of Budget and Management the amount of cash to be transferred 2,654
from the School Building Assistance Fund (Fund 032) or the Public 2,655
School Building Fund (Fund 021) to the Ohio School Facilities
Commission Fund (Fund 5E3). 2,656
By July 10, 2000, the Executive Director of the Ohio School 2,658
Facilities Commission shall certify to the Director of Budget and 2,659
Management the amount of cash to be transferred from the School 2,660
Building Assistance Fund (Fund 032) or the Public School Building 2,661
Fund (Fund 021) to the Ohio School Facilities Commission Fund 2,662
(Fund 5E3).
Prior Year Encumbrances 2,664
At the request of the Director of the Ohio School 2,666
Facilities Commission, the Director of Budget and Management may 2,667
cancel encumbrances from fiscal years 1998 and 1999 in CAP-770, 2,668
School Building Program Assistance, and reestablish such 2,669
encumbrances or parts of encumbrances to CAP-622, Public School
Buildings, for fiscal years 2000 and 2001. Appropriations to 2,670
CAP-622 shall not be increased as a result of reestablishing such 2,671
encumbrances. An amount equal to the canceled encumbrances in 2,672
61
CAP-770 shall be appropriated to CAP-775. 2,673
Disability Access Projects 2,675
The unencumbered and unallotted balances as of June 30, 2,677
1999, in appropriation item 230-649, Disability Access Project, 2,678
are hereby reappropriated. The unencumbered and unallotted 2,680
balances of the appropriation at the end of fiscal year 2000 are 2,681
hereby reappropriated in fiscal year 2001 to fund capital 2,682
projects pursuant to this section. 2,683
(A) As used in this section: 2,685
(1) "Percentile" means the percentile in which a school 2,687
district is ranked according to the fiscal year 1998 ranking of 2,688
school districts with regard to income and property wealth under 2,689
division (B) of section 3318.011 of the Revised Code. 2,690
(2) "School district" means a city, local, or exempted 2,692
village school district, but excluding a school district that is 2,693
one of the state's 21 urban school districts as defined in 2,694
division (O) of section 3317.02 of the Revised Code, as that 2,695
section existed prior to July 1, 1998. 2,696
(3) "Valuation per pupil" means a district's total taxable 2,699
value as defined in section 3317.02 of the Revised Code divided 2,700
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 2,701
1, 1998.
(B) The School Facilities Commission shall adopt rules for 2,703
awarding grants to school districts with a valuation per pupil of 2,705
less than $200,000, to be used for construction, reconstruction,
or renovation projects in classroom facilities, the purpose of 2,706
which is to improve access to such facilities by physically 2,707
handicapped persons. The rules shall include application 2,708
procedures. No school district shall be awarded a grant under 2,709
this section in excess of $100,000. In addition, any school 2,710
district shall be required to pay a percentage of the cost of the 2,711
project or which the grant is being awarded equal to the 2,712
percentile in which the district is ranked. 2,713
62
(C) The School Facilities Commission is hereby authorized 2,715
to transfer a portion of appropriation item CAP-622, Public 2,717
School Buildings, contained in Am. Sub. H.B. No. 283 of the 123rd 2,718
General Assembly, to CAP-777, Disability Access Projects, to 2,720
provide funds to make payments resulting from the approval of 2,721
applications for disability access granted received prior to 2,722
January 1, 1999. The amounts transferred are hereby
appropriated. 2,723
Sec. 10.02. Extreme Environmental Contamination of School 2,725
Facilities 2,726
Notwithstanding the provisions of Section 26 of Am. Sub. 2,728
H.B. 850 of the 122nd General Assembly regarding eligibility for 2,729
the Exceptional Needs Pilot Program, the School Facilities 2,731
Commission may provide assistance under the Exceptional Needs 2,732
Pilot Program to any school district and not exclusively a school 2,733
district in the lowest 50 per cent of adjusted valuation per 2,734
pupil on the fiscal year 1999 ranking of school districts 2,735
established pursuant to section 3317.02 of the Revised Code, for 2,736
the purpose of the relocation or replacement of school facilities 2,737
required as a result of extreme environmental contamination. IF 2,739
IN THE ASSESSMENT OF THE SCHOOL DISTRICT'S CLASSROOM FACILITIES
NEEDS CONDUCTED UNDER THE EXCEPTIONAL NEEDS PILOT PROGRAM 2,741
PURSUANT TO SECTION OF AM. SUB. H.B. 850 OF THE 123rd GENERAL 2,744
ASSEMBLY, THE COMMISSION DETERMINES THAT ALL THE SCHOOL 2,746
DISTRICT'S CLASSROOM FACILITIES ULTIMATELY WILL REQUIRE 2,747
REPLACEMENT UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED 2,748
CODE, THEN THE COMMISSION MAY UNDERTAKE A DISTRICT-WIDE PROJECT 2,750
UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE. 2,751
The School Facilities Commission shall contract with an 2,753
independent environmental consultant to conduct a study and to 2,754
report to the Commission as to the seriousness of the 2,755
environmental contamination, whether the contamination violates 2,756
applicable state and federal standards, and whether the 2,757
facilities are no longer suitable for use as school facilities.
63
The Commission shall then make a determination regarding funding 2,758
for the relocation or replacement of the school facilities. If 2,759
the federal government or other public or private entity provides 2,760
funds for restitution of costs incurred by the state or school 2,761
district in the relocation or replacement of the school 2,762
facilities, the state and the school district shall divide USE 2,764
such funds on the basis of the relative share of total project 2,765
cost contributed by each IN EXCESS OF THE SCHOOL DISTRICT'S SHARE 2,767
TO REFUND THE STATE FOR THE STATE'S CONTRIBUTION TO THE 2,768
ENVIRONMENTAL CONTAMINATION PORTION OF THE PROJECT. THE SCHOOL 2,769
DISTRICT MAY APPLY AN AMOUNT OF SUCH RESTITUTION FUNDS UP TO AN 2,770
AMOUNT EQUAL TO THE SCHOOL DISTRICT'S PORTION OF THE PROJECT, AS 2,771
DEFINED BY THE COMMISSION, TOWARD PAYING ITS PORTION OF THAT 2,773
PROJECT TO REDUCE THE AMOUNT OF BONDS THE SCHOOL DISTRICT 2,774
OTHERWISE MUST ISSUE TO RECEIVE STATE ASSISTANCE UNDER SECTIONS 2,775
3318.01 TO 3318.20 OF THE REVISED CODE." 2,776
Section 8. That existing Sections 10 and 10.02 of Am. Sub. 2,778
H.B. 282 of the 123rd General Assembly are hereby repealed. 2,780
Section 9. Except as otherwise specifically provided in 2,782
this act, the codified and uncodified sections of law contained 2,783
in this act are subject to the referendum. Therefore, under Ohio 2,785
Constitution, Article II, Section 1c and section 1.471 of the 2,786
Revised Code, the sections take effect on the ninety-first day
after this act is filed with the Secretary of State. If, 2,787
however, a referendum petition is filed against a section, the 2,788
section, unless rejected at the referendum, takes effect at the 2,789
earliest time permitted by law. 2,790
Section 10. Sections 7 and 8 of this act are not subject 2,792
to the referendum. Therefore, under Ohio Constitution, Article 2,793
II, Section 1d and section 1.471 of the Revised Code, Sections 7 2,794
and 8 of this act go into immediate effect when this act becomes 2,796
law.