As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. S. B. No. 53 5
1999-2000 6
SENATORS CARNES-GARDNER-KEARNS-MUMPER-DRAKE-SPADA 8
_________________________________________________________________ 10
A B I L L
To amend sections 3345.01, 3354.09, 3355.06, and 12
3357.09 and to enact section 3333.32 of the 13
Revised Code and to amend Section 99.01 of Am. 14
Sub. H.B. 215 of the 122nd General Assembly to 15
grant in-state tuition rates and subsidies at
certain public institutions of higher education 16
to residents of contiguous states who are 17
employed in Ohio and whose employers contract to 18
pay their tuition and fees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 3345.01, 3354.09, 3355.06, and 22
3357.09 be amended and section 3333.32 of the Revised Code be 23
enacted to read as follows:
Sec. 3333.32. FOR PURPOSES OF STATE SUBSIDY AND TUITION 25
AND FEE SURCHARGES, A STUDENT ATTENDING A STATE UNIVERSITY LISTED 27
IN SECTION 3345.011 OF THE REVISED CODE, A COMMUNITY COLLEGE, A 29
TECHNICAL COLLEGE, A UNIVERSITY BRANCH, OR A STATE COMMUNITY 30
COLLEGE HAS RESIDENT STATUS IF ALL OF THE FOLLOWING CONDITIONS 31
APPLY:
(A) THE STUDENT RESIDES IN A CONTIGUOUS STATE. 34
(B) THE STUDENT IS EMPLOYED IN OHIO BY A BUSINESS, 37
ORGANIZATION, OR GOVERNMENT AGENCY LOCATED IN OHIO. 39
(C) THE EMPLOYER ENTERS INTO A CONTRACT WITH THE 42
INSTITUTION OF HIGHER EDUCATION UNDER WHICH THE EMPLOYER PAYS ALL 43
OF THE STUDENT'S TUITION AND FEES DIRECTLY TO THE INSTITUTION AND 44
AGREES NOT TO CHARGE OR SEEK REIMBURSEMENT FROM THE STUDENT IN 45
2
ANY MANNER FOR ANY PART OF THE TUITION AND FEES. 46
THE CONTRACT MAY INCLUDE ANY ADDITIONAL PROVISIONS TO WHICH 49
THE INSTITUTION AND THE EMPLOYER AGREE, SO LONG AS THOSE
PROVISIONS DO NOT CONFLICT WITH DIVISION (C) OF THIS SECTION. 51
A CONTRACT UNDER THIS SECTION MAY PERMIT THE EMPLOYER TO 53
PAY TUITION AND FEES FOR EMPLOYEES WHO RESIDE IN OHIO AND 54
CONTIGUOUS STATES IN ONE FIXED, GROUP RATE. IN THE CASE OF 55
COURSES IN WHICH ONLY STUDENTS WHO ARE COVERED BY THE CONTRACT 56
ARE ENROLLED, THAT RATE MAY BE LESS THAN THE SUM THAT WOULD 57
OTHERWISE BE CALCULATED BY CHARGING EACH EMPLOYEE COVERED BY THE 58
CONTRACT THE RESIDENT TUITION AND FEES. IN THE CASE OF COURSES 59
IN WHICH STUDENTS WHO ARE NOT COVERED BY THE CONTRACT AS WELL AS 60
STUDENTS WHO ARE COVERED BY THE CONTRACT ARE ENROLLED, THAT RATE 61
SHALL NOT BE LESS THAN THE SUM THAT WOULD OTHERWISE BE CALCULATED 62
BY CHARGING EACH EMPLOYEE COVERED BY THE CONTRACT THE RESIDENT
TUITION AND FEES. 63
Sec. 3345.01. Except as provided in section SECTIONS 72
3333.17 AND 3333.32 of the Revised Code, the board of trustees of 74
a state university or college, as defined in section 3345.12 of 75
the Revised Code, may charge reasonable tuition for the
attendance of pupils who are nonresidents of Ohio. 76
Sec. 3354.09. The board of trustees of a community college 85
district may: 86
(A) Own and operate a community college, pursuant to an 88
official plan prepared and approved in accordance with section 89
3354.07 of the Revised Code, or enter into a contract with a 90
generally accredited public university or college for operation 91
of such community college by such university or college pursuant 92
to an official plan prepared and approved in accordance with 93
section 3354.07 of the Revised Code; 94
(B) Hold, encumber, control, acquire by donation, 96
purchase, or condemnation, construct, own, lease, use, and sell 97
real and personal property as is necessary for the conduct of the 98
program of the community college on whatever terms and for 99
3
whatever consideration may be appropriate for the purpose of the 100
college; 101
(C) Accept gifts, grants, bequests, and devises absolutely 103
or in trust for support of the college during the existence of 104
the college; 105
(D) Appoint the administrative officers, faculty, and 107
staff, necessary and proper for such community college, and fix 108
their compensation except in instances in which the board of 109
trustees has delegated such powers to a college or university 110
operating such community college pursuant to a contract entered 111
into by the board of trustees of the district; 112
(E) Provide for a community college necessary lands, 114
buildings or other structures, equipment, means, and appliances; 115
(F) Develop and adopt, pursuant to the official plan, the 117
curricular programs identified in section 3354.01 of the Revised 118
Code as arts and sciences programs and technical programs, or 119
either. Such programs may include adult-education programs. 120
(G) Except as provided in section SECTIONS 3333.17 AND 122
3333.32 of the Revised Code, establish schedules of fees and 124
tuition for students who are residents of the district, residents 125
of Ohio but not of the district, and students who are 126
nonresidents of Ohio. The establishment of rules governing the 127
determination of residence shall be subject to approval of the 128
Ohio board of regents. Students who are nonresidents of Ohio 129
shall be required to pay higher rates of fees and tuition than 130
the rates required of students who are residents of Ohio but not 131
of the district, and students who are residents of the district 132
shall pay a smaller tuition and fee rate than the rate for either 133
category of nonresident students. 134
(H) Authorize, approve, ratify, or confirm any agreement 136
relating to any such community college with the United States 137
government, acting through any agency of such government 138
designated or created to aid in the financing of such projects, 139
or with any person or agency offering grants in aid in financing 140
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such educational facilities or the operation of such facilities 141
except as prohibited in division (K) of this section. 142
Such agreement may include a provision for repayment of 144
advances, grants, or loans made to any community college district 145
from funds which may become available to it. 146
When the United States government or its agent makes a 148
grant of money to any community college district to aid in paying 149
the cost of any projects of such district, or enters into an 150
agreement with the community college district for the making of 151
any such grant of money, the amount thereof is deemed 152
appropriated for such purpose by the community college district 153
and is deemed in process of collection within the meaning of 154
section 5705.41 of the Revised Code. 155
(I) Grant appropriate certificates of achievement to 157
students successfully completing the community college programs; 158
(J) Prescribe rules for the effective operation of a 160
community college and exercise such other powers as are necessary 161
for the efficient management of such college; 162
(K) Receive and expend gifts or grants from the state for 164
the payment of operating costs, for the acquisition, 165
construction, or improvement of buildings or other structures, or 166
for the acquisition or use of land. In no event shall state 167
gifts or grants be expended for the support of adult-education 168
programs. Gifts or grants from the state for operating costs 169
shall not in any biennium exceed the amount recommended by the 170
Ohio board of regents to the governor as provided in Chapter 171
3333. of the Revised Code. Such gifts or grants shall be 172
distributed to such districts in equal quarter-annual payments, 173
unless otherwise provided or authorized in any act appropriating 174
moneys for such purposes, on or before the last day of February, 175
May, August, and November in each year. 176
(L) Retain consultants in the fields of education, 178
planning, architecture, law, engineering, or other fields of 179
professional skill; 180
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(M) Purchase: 182
(1) A policy or policies of insurance insuring the 184
district against loss of or damage to property, whether real, 185
personal, or mixed, which is owned by the district or leased by 186
it as lessee or which is in the process of construction by or for 187
the district; 188
(2) A policy or policies of fidelity insurance in such 190
amounts and covering such trustees, officers, and employees of 191
the district as it considers necessary or desirable; 192
(3) A policy or policies of liability insurance from an 194
insurer or insurers licensed to do business in this state 195
insuring its members, officers, and employees against all civil 196
liability arising from an act or omission by the member, officer, 197
or employee when the member, officer, or employee is not acting 198
manifestly outside the scope of his employment or official 199
responsibilities with the institution, with malicious purpose or 200
bad faith, or in a wanton or reckless manner, or may otherwise 201
provide for the indemnification of such persons against such 202
liability. All or any portion of the cost, premium, or charge 203
for such a policy or policies or indemnification payment may be 204
paid from any funds under the institution's control. The policy 205
or policies of liability insurance or the indemnification policy 206
of the institution may cover any risks including, but not limited 207
to, damages resulting from injury to property or person, 208
professional liability, and other special risks, including legal 209
fees and expenses incurred in the defense or settlement of claims 210
for such damages. 211
(4) A policy or policies of insurance insuring the 213
district against any liabilities to which it may be subject on 214
account of damage or injury to persons or property, including 215
liability for wrongful death. 216
(N) Designate one or more employees of the institution as 218
state university law enforcement officers, to serve and have 219
duties as prescribed in section 3345.04 of the Revised Code. 220
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Sec. 3355.06. The managing authority of the university 229
branch district shall adopt its own rules governing proceedings, 230
designate the permanent place of business of the district, and 231
keep a record of all its proceedings. Such record shall be open 232
for public inspection during regular business hours at the 233
permanent place of business of the district. 234
The managing authority may: 236
(A) Enter into a contract for a period of not less than 238
four nor more than ten years with a state or municipal university 239
for the operation of a university branch by such university on 240
the campus provided in accordance with sections 3355.01 to 241
3355.14 of the Revised Code. Except as provided in section 242
SECTIONS 3333.17 AND 3333.32 of the Revised Code, the contract 244
shall establish schedules of fees and tuition for: students who 246
are residents of the district; residents of Ohio but not of the 247
district; and students who are nonresidents of Ohio. Students 248
who are nonresidents of Ohio shall be required to pay higher 249
rates of fees and tuition than the rates required of students who 250
are residents of Ohio but not of the district, and students who 251
are residents of the district shall pay A smaller tuition and fee 252
rate than the rate for either category of nonresident students. 253
(B) Hold, encumber, control, acquire by donation, 255
purchase, or condemnation, construct, own, lease, use, and sell 256
real and personal property as is necessary for the creation and 257
maintenance of the university branch campus, on whatever terms 258
and for whatever consideration may be appropriate for the 259
purposes of the facility; 260
(C) Accept gifts, grants, bequests, and devises absolutely 262
or in trust for support of the university branch campus during 263
the existence of said branch; 264
(D) Receive an appropriation from any municipality or 266
county that is a part of the university branch district for the 267
purpose of providing funds for support of the university branch 268
campus; 269
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(E) Receive and expend gifts or grants from the state for 271
the payment of operating costs, for the acquisition, 272
construction, or improvement of buildings or other structures, or 273
for the acquisition or use of land. 274
(F) Prescribe rules for the effective operation of a 276
university branch district college and exercise such other powers 277
as are necessary for the efficient management of such university 278
and are not in conflict with any contract entered into under 279
division (A) of this section. 280
Sec. 3357.09. The board of trustees of a technical college 289
district may: 290
(A) Own and operate a technical college, pursuant to an 292
official plan prepared and approved in accordance with section 293
3357.07 of the Revised Code; 294
(B) Hold, encumber, control, acquire by donation, 296
purchase, or condemnation, construct, own, lease, use, and sell, 297
real and personal property as necessary for the conduct of the 298
program of the technical college on whatever terms and for 299
whatever consideration may be appropriate for the purposes of the 300
institution; 301
(C) Accept gifts, grants, bequests, and devises absolutely 303
or in trust for support of the technical college; 304
(D) Appoint the president, faculty, and such other 306
employees as necessary and proper for such technical college, and 307
fix their compensation; 308
(E) Provide for a technical college necessary lands, 310
buildings or other structures, equipment, means, and appliances; 311
(F) Develop and adopt, pursuant to the official plan, any 313
one or more of the curricular programs identified in section 314
3357.01 of the Revised Code as technical-college programs, or 315
adult-education technical programs; 316
(G) Except as provided in section SECTIONS 3333.17 AND 318
3333.32 of the Revised Code, establish schedules of fees and 320
tuition for: students who are residents of the district; 321
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students who are residents of Ohio but not of the district; 322
students who are nonresidents of Ohio. The establishment of 323
rules governing the determination of residence shall be subject 324
to approval of the Ohio board of regents. Students who are 325
nonresidents of Ohio shall be required to pay higher rates of 326
fees and tuition than the rates required of students who are 327
residents of Ohio but not of the district, and students who are 328
residents of the district shall pay smaller tuition and fee rates 329
than the rates for either of the above categories of nonresident 330
students, except that students who are residents of Ohio but not 331
of the district shall be required to pay higher fees and tuition 332
than students who are residents of the district only when a 333
district tax levy has been adopted and is in effect under the 334
authority of section 3357.11, 5705.19, or 5705.191 of the Revised 335
Code.
(H) Authorize, approve, ratify, or confirm, with approval 337
of the Ohio board of regents, any agreement with the United 338
States government, acting through any agency designated to aid in 339
the financing of technical college projects, or with any person, 340
organization, or agency offering grants-in-aid for technical 341
college facilities or operation; 342
(I) Receive assistance for the cost of equipment and for 344
the operation of such technical colleges from moneys appropriated 345
for technical education or for matching of Title VIII of the 346
"National Defense Education Act," 72 Stat. 1597 (1958), 20 347
U.S.C.A. 15a-15e. Moneys shall be distributed by the Ohio board 348
of regents in accordance with rules which the board shall 349
establish governing its allocations to technical colleges 350
chartered under section 3357.07 of the Revised Code. 351
(J) Grant appropriate associate degrees to students 353
successfully completing the technical college programs and 354
certificates of achievement to those students who complete other 355
programs; 356
(K) Prescribe rules for the effective operation of a 358
9
technical college, and exercise such other powers as are 359
necessary for the efficient management of such college; 360
(L) Enter into contracts and conduct technical college 362
programs or technical courses outside the technical college 363
district; 364
(M) Enter into contracts with the board of education of 366
any local, exempted village, or city school district or the 368
governing board of any educational service center to permit the
school district or service center to use the facilities of the 369
technical college district; 370
(N) Designate one or more employees of the institution as 372
state university law enforcement officers, to serve and have 373
duties as prescribed in section 3345.04 of the Revised Code; 374
(O) Subject to the approval of the Ohio board of regents, 376
offer technical college programs or technical courses for credit 377
at locations outside the technical college district. For 378
purposes of computing state aid, students enrolled in such 379
courses shall be deemed to be students enrolled in programs and 380
courses at off-campus locations in the district. 381
(P) Purchase a policy or policies of liability insurance 383
from an insurer or insurers licensed to do business in this state 384
insuring its members, officers, and employees against all civil 385
liability arising from an act or omission by the member, officer, 386
or employee, when the member, officer, or employee is not acting 387
manifestly outside the scope of his THE MEMBER'S, OFFICER'S, OR 388
EMPLOYEE'S employment or official responsibilities with the 390
institution, with malicious purpose or bad faith, or in a wanton 391
or reckless manner, or may otherwise provide for the 392
indemnification of such persons against such liability. All or 393
any portion of the cost, premium, or charge for such a policy or 394
policies or indemnification payment may be paid from any funds 395
under the institution's control. The policy or policies of 396
liability insurance or the indemnification policy of the 397
institution may cover any risks including, but not limited to, 398
10
damages resulting from injury to property or person, professional 399
liability, and other special risks, including legal fees and 400
expenses incurred in the defense or settlement of claims for such 401
damages.
Section 2. That existing sections 3345.01, 3354.09, 403
3355.06, and 3357.09 of the Revised Code are hereby repealed. 404
Section 3. That Section 99.01 of Am. Sub. H.B. 215 of the 406
122nd General Assembly be amended to read as follows: 407
"Sec. 99.01. Instructional Subsidy Formula 409
As soon as practicable during each fiscal year of the 411
1997-1999 biennium in accordance with instructions of the Ohio 412
Board of Regents, each state-assisted institution of higher 413
education shall report its actual enrollment to the Ohio Board of 414
Regents. 415
The Ohio Board of Regents shall establish procedures 417
required by the system of formulas set out below and for the 418
assignment of individual institutions to categories described in 419
the formulas. The system of formulas establishes the manner in 420
which aggregate expenditure requirements shall be determined for 421
each of the three components of institutional operations. In 422
addition to other adjustments and calculations described below, 423
the subsidy entitlement of an institution shall be determined by 424
subtracting from the institution's aggregate expenditure 425
requirements income to be derived from the local contributions 426
assumed in calculating the subsidy entitlements. The local 427
contributions for purposes of determining subsidy support shall 428
not limit the authority of the individual boards of trustees to 429
establish fee levels. 430
The General Studies and Technical models shall be adjusted 432
by the Board of Regents so that the share of state subsidy earned 433
by those models is not altered by changes in the overall local 434
share. A lower-division fee differential shall be used to 435
maintain the relationship that would have occurred between these 436
models and the Baccalaureate models had an assumed share of 37 437
11
per cent been funded. 438
In defining the number of full-time equivalent students for 440
state subsidy purposes, the Ohio Board of Regents shall exclude 441
all undergraduate students who are not residents of Ohio, except 442
those charged in-state fees in accordance with reciprocity 443
agreements made pursuant to section 3333.17 OR EMPLOYER CONTRACTS 444
ENTERED INTO PURSUANT TO SECTION 3333.32 of the Revised Code. 445
(A) Aggregate Expenditure Per Full-Time Equivalent Student 447
(1) Instruction and Support Services 449
Model FY 1998 FY 1999 454
General Studies I $ 3,468 $ 3,598 456
General Studies II $ 3,689 $ 3,827 458
General Studies III $ 4,844 $ 5,026 460
Technical I $ 4,248 $ 4,407 462
Technical III $ 7,436 $ 7,715 464
Baccalaureate I $ 5,787 $ 6,004 466
Baccalaureate II $ 6,751 $ 7,004 468
Baccalaureate III $ 9,887 $ 10,258 470
Masters and Professional I $ 10,889 $ 11,297 472
Masters and Professional II $ 15,901 $ 16,497 474
Masters and Professional III $ 21,904 $ 22,725 476
Doctoral I $ 18,629 $ 19,328 478
Doctoral II $ 23,436 $ 24,315 480
Medical I $ 25,821 $ 26,789 482
Medical II $ 35,968 $ 37,317 484
(2) Student Services 487
For this purpose full-time equivalent counts shall be 489
weighted to reflect differences among institutions in the numbers 490
of students enrolled on a part-time basis. 491
FY 1998 FY 1999 493
All Expenditure Models $ 501 $ 520 494
(B) Plant Operation and Maintenance (POM) 496
(1) Determination of the Square-Foot Based POM Subsidy 498
Space undergoing renovation shall be funded at the rate 500
12
allowed for storage space; 501
In the calculation of square footage for each campus, 503
square footage shall be weighted to reflect differences in space 504
utilization;
The space inventories for each campus shall be those 506
determined in the fiscal year 1997 instructional subsidy, 507
adjusted for changes attributable to the construction or 508
renovation of facilities for which state appropriations were made 509
or local commitments were made prior to January 1, 1995;
Only fifty per cent of the space permanently taken out of 511
operation in fiscal year 1998 or fiscal year 1999 that is not 512
otherwise replaced by a campus shall be deleted from the fiscal 514
year 1997 inventory.
The square-foot based plant operation and maintenance 516
subsidy for each campus shall be determined as follows: 517
(a) For each standard room type category shown below, the 519
subsidy-eligible net assignable square feet (NASF) for each 520
campus shall be multiplied by the following rates, and the 521
amounts summed for each campus to determine the total gross 522
square-foot based POM expenditure requirement:
FY 1998 FY 1999 525
Classrooms $4.85 $5.03 526
Laboratories $6.04 $6.27 527
Offices $4.85 $5.03 528
Audio Visual Data Processing $6.04 $6.27 529
Storage $2.15 $2.23 530
Circulation $6.12 $6.35 531
Other $4.85 $5.03 532
(b) The total gross square-foot POM expenditure 534
requirement shall be allocated to models in proportion to 535
full-time equivalent (FTE) enrollments as reported in enrollment 536
data.
(c) The amounts allocated to models in (B)(1)(b) above 538
shall be multiplied by the ratio of subsidy-eligible FTE students 539
13
to total FTE students reported in each model, and the amounts 541
summed for all models. To this total amount shall be added an 542
amount to support roads and grounds expenditures to produce the 543
total square-foot based POM subsidy.
(2) Determination of the Activity-Based POM Subsidy 545
(a) The number of subsidy-eligible FTE students in each 547
model shall be multiplied by the following rates for each campus 548
for each fiscal year.
FY 1998 FY 1999 551
General Studies I $ 469 $ 487 553
General Studies II $ 522 $ 542 555
General Studies III $1,208 $1,253 557
Technical I $ 536 $ 556 559
Technical II $1,044 $1,083 561
Baccalaureate I $ 604 $ 627 563
Baccalaureate II $ 990 $1,027 565
Baccalaureate III $1,502 $1,558 567
Masters & Professional I $ 934 $ 969 569
Masters & Professional II $1,540 $1,598 571
Masters & Professional III $2,527 $2,622 573
Doctoral I $1,425 $1,478 575
Doctoral II $2,308 $2,395 577
Medical I $2,214 $2,297 579
Medical II $3,415 $3,543 581
(b) The sum of the products for each campus determined in 584
(B)(2)(a) for each fiscal year shall be weighted by a factor to 585
reflect sponsored research activity and job-training related 586
public services expenditures to determine the total 587
activity-based POM subsidy.
(C) Calculation of Core Subsidy Entitlements and 589
Adjustments 590
(1) Calculation of Core Subsidy Entitlements 592
The calculation of the core subsidy entitlement shall 594
consist of the following components: 595
14
(a) For each campus and for each fiscal year, the core 597
subsidy entitlement shall be determined by multiplying the 598
amounts listed above in divisions (A)(1) and (2) and (B)(2) less 600
assumed local contributions, by (i) average subsidy-eligible 601
full-time equivalents for the two-year period ending in the prior 602
year; and (ii) average subsidy-eligible full-time equivalents for 603
the five-year period ending in the prior year. 604
(b) In calculating the core subsidy entitlements for 606
Medical II models only, the board shall use the following count 607
of full-time equivalent students in place of the two-year average 608
and five-year average of subsidy-eligible students. 610
(i) For those medical schools whose current year 612
enrollment is below the base enrollment, the Medical II full-time 613
equivalent enrollment shall equal: 65 per cent of the base 614
enrollment plus 35 per cent of the current year enrollment, where 615
the base enrollment is: 616
Ohio State University 1010 618
University of Cincinnati 833 619
Medical College of Ohio at 620
Toledo 650
Wright State University 433 621
Ohio University 433 622
Northeastern Ohio Universities 623
College of Medicine 433
(ii) For those medical schools whose current year 626
enrollment is equal to or greater than the base enrollment, the 627
Medical II full-time equivalent enrollment shall equal the 628
current enrollment. 629
(c) For all FTE-based subsidy calculations involving 631
all-terms FTE data, FTE-based allowances shall be converted from 632
annualized to annual rates to ensure equity and consistency of 634
subsidy determination.
(d) The Board of Regents shall compute the sum of the two 637
calculations listed in division (C)(1)(a) above and use the
15
greater sum as the core subsidy entitlement. 638
The POM subsidy for each campus shall equal the greater of 640
the square-foot-based subsidy or the activity-based POM subsidy 641
component of the core subsidy entitlement, except that the total 642
activity-based POM subsidy shall not exceed 133.1% of the 643
square-foot based POM subsidy in fiscal year 1998 and shall not 645
exceed 146.4% of the square-foot-based subsidy in fiscal year 646
1999.
(2) Fiscal Year 1993 Adjustment 648
In order to provide an orderly phase-in of a simplified 650
instructional subsidy formula, the Board of Regents shall 651
calculate a fiscal year 1993 guarantee for each campus. The 652
board shall calculate the amount of protected or buffered subsidy 653
distributed to each campus in fiscal year 1993, less amounts for 654
plant operation and maintenance and Academic Challenge. 655
In fiscal year 1998, for each campus for which the board 657
calculates protected subsidy was distributed in fiscal year 1993, 658
an adjustment shall be added to the core subsidy entitlement 659
which shall consist of the following: the estimated amount of 660
the protected fiscal year 1993 subsidy less the greater of 7.5 661
per cent of the actual fiscal year 1993 subsidy (less plant 662
operation and maintenance and Academic Challenge) or 663
five-sevenths of the protected fiscal year 1993 subsidy. If the 664
deducted amount exceeds the amount of the protected fiscal year 665
1993 subsidy, the adjustment shall be zero. 666
In fiscal year 1999, the deducted proportions shall 668
increase arithmetically, to 9.0 per cent or six-sevenths and so 669
on until the year 2000, or until the fiscal year 1993 guarantee 671
is eliminated.
(3) Annual Hold Harmless Provision 673
In addition to and after the other adjustments noted above, 675
in fiscal year 1998 each campus shall have its subsidy adjusted 676
to the extent necessary to provide an amount that is not less 677
than one hundred three per cent of the instructional subsidy 678
16
received by the campus in fiscal year 1997. In fiscal year 1999 679
each campus shall have its subsidy adjusted to the extent 680
necessary to provide an amount that is not less than one hundred 681
one per cent of the instructional subsidy received by the campus 682
in fiscal year 1998.
(4) Capital Component Deduction 684
After all other adjustments have been made, instructional 686
subsidy earnings shall be reduced for each campus by the amount, 687
if any, by which debt service charged in Am. H.B. 748 of the 688
121st General Assembly for that campus exceeds that campus' 689
capital component earnings.
(D) Reductions in Earnings 691
If total systemwide instructional subsidy earnings in any 693
fiscal year exceed total appropriations available for such 694
purposes, the Board of Regents shall proportionately reduce the 695
instructional subsidy earnings for all campuses by a uniform 696
percentage so that the systemwide sum equals available 697
appropriations.
(E) Exceptional Circumstances 699
Adjustments may be made to instructional subsidy payments 701
and other subsidies distributed by the Ohio Board of Regents to 702
state-assisted colleges and universities for exceptional 703
circumstances. No adjustments for exceptional circumstances may 704
be made without the recommendation of the Chancellor and the 705
approval of the Controlling Board. 706
Distribution of Instructional Subsidy 708
The instructional subsidy payments to the institutions 710
shall be in substantially equal monthly amounts during the fiscal 711
year, unless otherwise determined by the Director of Budget and 712
Management pursuant to the provisions of section 126.09 of the 713
Revised Code. Payments during the first six months of the fiscal 714
year shall be based upon the instructional subsidy appropriation 715
estimates made for the various institutions of higher education 716
according to the Ohio Board of Regents enrollment estimates. 717
17
Payments during the last six months of the fiscal year shall be 718
distributed after approval of the Controlling Board upon the 719
request of the Ohio Board of Regents. 720
Law School Subsidy 722
The instructional subsidy to state supported universities 724
for students enrolled in law schools in fiscal year 1998 and 725
fiscal year 1999 shall be calculated by using the number of 726
subsidy eligible full-time equivalent law school students funded 727
by state subsidy in fiscal year 1995 or the actual number of 728
subsidy eligible full-time equivalent law school students at the
institution in the fiscal year, whichever is less. 729
Limitations on State Subsidies for Doctoral Students 731
The Ohio Board of Regents is authorized to limit the number 733
of subsidy-eligible full-time equivalent (FTE) doctoral students 734
at all state-assisted universities in fiscal year 1998 and fiscal 735
year 1999. The limitation shall be established by university and 736
by doctoral subsidy level. In establishing the caps, the Board 737
of Regents shall consider:
(1) Recent and historical trends in subsidy-eligible 739
doctoral enrollments;
(2) Recommendations related to the Regents' review of 741
doctoral programs;
(3) Contributions that doctoral education and research 743
make to the economy and well-being of regions and the state." 744
Section 4. That existing Section 99.01 of Am. Sub. H.B. 746
215 of the 122nd General Assembly is hereby repealed. 747