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To amend sections 145.011, 151.04, 154.01, 3305.01, | 1 |
3307.01, 3333.045, 3334.01, 3345.04, 3345.12, | 2 |
3345.17, 3345.31, 3345.32, 3345.50, 3345.51, and | 3 |
3345.71; to enact sections 3364.01, 3364.02, | 4 |
3364.03, 3364.04, 3364.05, and 3364.06; to repeal | 5 |
sections 3350.01, 3350.02, 3350.03, 3350.04, | 6 |
3350.05, 3360.01, 3360.02, 3360.03, 3360.04, and | 7 |
3360.05 of the Revised Code; and to amend Sections | 8 |
209.63, 209.63.57, and 209.64.22 of Am. Sub. H.B. | 9 |
66 of the 126th General Assembly to combine the | 10 |
University of Toledo and the Medical University of | 11 |
Ohio at Toledo. | 12 |
Section 1. That sections 3364.01, 3364.02, 3364.03, 3364.04, | 13 |
3364.05, and 3364.06 of the Revised Code be enacted to read as | 14 |
follows: | 15 |
Sec. 3364.01. (A) The university of Toledo, as authorized | 16 |
under former Chapter 3360. of the Revised Code, and the medical | 17 |
university of Ohio at Toledo, as authorized under former sections | 18 |
3350.01 to 3350.05 of the Revised Code, shall be combined as one | 19 |
state university to be known as the "university of Toledo." | 20 |
(B)(1) The government of the combined university of Toledo is | 21 |
vested in a board of trustees which, except as prescribed in | 22 |
division (B)(2) of this section, shall be appointed by the | 23 |
governor with the advice and consent of the senate. The initial | 24 |
board of trustees of the combined university shall be as | 25 |
prescribed in division (B)(2) of this section. After the | 26 |
abolishment of offices as prescribed in division (B)(2)(a) of this | 27 |
section, the board of trustees of the combined university shall | 28 |
consist of nine voting members, who shall serve for terms of nine | 29 |
years, and two nonvoting members, who shall be students of the | 30 |
combined university and who shall serve for terms of two years. | 31 |
Terms of office of trustees shall begin on the second day of July | 32 |
and end on the first day of July. | 33 |
(2) The initial board of trustees of the combined university | 34 |
shall consist of seventeen voting members who are the eight | 35 |
members who made up the board of trustees of the medical | 36 |
university of Ohio at Toledo prior to May 1, 2006, under former | 37 |
section 3350.01 of the Revised Code, and whose terms would expire | 38 |
under that section after May 1, 2006; the eight voting members who | 39 |
made up the board of trustees of the university of Toledo, under | 40 |
former section 3360.01 of the Revised Code, and whose terms would | 41 |
expire under that section after July 1, 2006; and one additional | 42 |
member appointed by the governor with the advice and consent of | 43 |
the senate. The terms of office, abolishment of office, and | 44 |
succession of the voting members of the initial board shall be as | 45 |
prescribed in division (B)(2)(a) of this section. The initial | 46 |
board also shall consist of two nonvoting members who are students | 47 |
of the combined university, as prescribed in division (B)(2)(b) of | 48 |
this section. | 49 |
(a) The term of office of the voting member of the initial | 50 |
board of trustees of the combined university who was not formerly | 51 |
a member of either the board of trustees of the medical university | 52 |
of Ohio at Toledo or the board of trustees of the university of | 53 |
Toledo shall be for nine years, beginning on July 2, 2006, and | 54 |
ending on July 1, 2015. | 55 |
The terms of office of the sixteen other voting members of | 56 |
the initial board of trustees shall expire on July 1 of the year | 57 |
they otherwise would expire under former section 3350.01 or | 58 |
3360.01 of the Revised Code. | 59 |
The office of one voting member whose term expires on July 1, | 60 |
2007, shall be abolished on that date. The governor, with the | 61 |
advice and consent of the senate, shall appoint a successor to the | 62 |
office of the other voting member whose term expires on that date | 63 |
to a nine-year term beginning on July 2, 2007. | 64 |
The office of one voting member whose term expires on July 1, | 65 |
2008, shall be abolished on that date. The governor, with the | 66 |
advice and consent of the senate, shall appoint a successor to the | 67 |
office of the other voting member whose term expires on that date | 68 |
to a nine-year term beginning on July 2, 2008. | 69 |
The office of one voting member whose term expires on July 1, | 70 |
2009, shall be abolished on that date. The governor, with the | 71 |
advice and consent of the senate, shall appoint a successor to the | 72 |
office of the other voting member whose term expires on that date | 73 |
to a nine-year term beginning on July 2, 2009. | 74 |
The office of one voting member whose term expires on July 1, | 75 |
2010, shall be abolished on that date. The governor, with the | 76 |
advice and consent of the senate, shall appoint a successor to the | 77 |
office of the other voting member whose term expires on that date | 78 |
to a nine-year term beginning on July 2, 2010. | 79 |
The office of one voting member whose term expires on July 1, | 80 |
2011, shall be abolished on that date. The governor, with the | 81 |
advice and consent of the senate, shall appoint a successor to the | 82 |
office of the other voting member whose term expires on that date | 83 |
to a nine-year term beginning on July 2, 2011. | 84 |
The office of one voting member whose term expires on July 1, | 85 |
2012, shall be abolished on that date. The governor, with the | 86 |
advice and consent of the senate, shall appoint a successor to the | 87 |
office of the other voting member whose term expires on that date | 88 |
to a nine-year term beginning on July 2, 2012. | 89 |
The office of one voting member whose term expires on July 1, | 90 |
2013, shall be abolished on that date. The governor, with the | 91 |
advice and consent of the senate, shall appoint a successor to the | 92 |
office of the other voting member whose term expires on that date | 93 |
to a nine-year term beginning on July 2, 2013. | 94 |
The office of one voting member whose term expires on July 1, | 95 |
2014, shall be abolished on that date. The governor, with the | 96 |
advice and consent of the senate, shall appoint a successor to the | 97 |
office of the other voting member whose term expires on that date | 98 |
to a nine-year term beginning on July 2, 2014. | 99 |
The governor, with the advice and consent of the senate, | 100 |
shall appoint a successor to the office of the voting member whose | 101 |
term expires on July 1, 2015, to a nine-year term beginning on | 102 |
July 2, 2015. | 103 |
Thereafter the terms of office of all subsequent voting | 104 |
members of the board of trustees shall be for nine years beginning | 105 |
on the second day of July and ending on the first day of July. | 106 |
(b) One of the student members of the initial board of | 107 |
trustees shall be the student member of the former university of | 108 |
Toledo board of trustees, appointed under former section 3360.01 | 109 |
of the Revised Code, whose term would expire under that section on | 110 |
July 1, 2007. The term of that student member shall expire on July | 111 |
1, 2007. The other student member shall be a new appointee, | 112 |
representing the portion of the combined university that made up | 113 |
the former medical university of Ohio at Toledo, appointed to a | 114 |
two-year term beginning on July 2, 2006, and ending on July 1, | 115 |
2008. That student trustee shall be appointed by the governor, | 116 |
with the advice and consent of the senate, from a group of three | 117 |
candidates selected pursuant to a procedure adopted by the | 118 |
university's student governments and approved by the university's | 119 |
board of trustees. Thereafter appointment and terms of office of | 120 |
student members of the board of trustees shall be as prescribed by | 121 |
division (B)(3) of this section. | 122 |
(3) The student members of the board of trustees of the | 123 |
combined university shall be appointed by the governor, with the | 124 |
advice and consent of the senate, from a group of six candidates | 125 |
selected pursuant to a procedure adopted by the university's | 126 |
student governments and approved by the university's board of | 127 |
trustees. Terms of office of student members shall be for two | 128 |
years, each term ending on the same day of the same month of the | 129 |
year as the term it succeeds. In the event that a student member | 130 |
cannot fulfill a two-year term, a replacement shall be selected to | 131 |
fill the unexpired term in the same manner used to make the | 132 |
original selection. | 133 |
(4) Each trustee shall hold office from the date of | 134 |
appointment until the end of the term for which the trustee was | 135 |
appointed. Any trustee appointed to fill a vacancy occurring prior | 136 |
to the expiration of the term for which the trustee's predecessor | 137 |
was appointed shall hold office for the remainder of such term. | 138 |
Any trustee shall continue in office subsequent to the expiration | 139 |
date of the trustee's term until the trustee's successor takes | 140 |
office, or until a period of sixty days has elapsed, whichever | 141 |
occurs first. | 142 |
(5) No person who has served as a voting member of the board | 143 |
of trustees for a full nine-year term or more than six years of | 144 |
such a term and no person who is a voting member of the initial | 145 |
board of trustees as prescribed in division (B)(2)(a) of this | 146 |
section is eligible for reappointment to the board until a period | 147 |
of four years has elapsed since the last day of the term for which | 148 |
the person previously served. | 149 |
No person who served as a voting member of the board of | 150 |
trustees of the former university of Toledo, as authorized under | 151 |
former Chapter 3360. of the Revised Code, for a full nine-year | 152 |
term or more than six years of such a term, and no person who | 153 |
served on the board of trustees of the former medical university | 154 |
of Ohio at Toledo, as authorized under former sections 3350.01 to | 155 |
3350.05 of the Revised Code, for a full nine-year term or more | 156 |
than six years of such a term is eligible for appointment to the | 157 |
board of trustees of the combined university until a period of | 158 |
four years has elapsed since the last day of the term for which | 159 |
the person previously served. | 160 |
(C) The trustees shall receive no compensation for their | 161 |
services but shall be paid their reasonable necessary expenses | 162 |
while engaged in the discharge of their official duties. A | 163 |
majority of the board constitutes a quorum. The student members of | 164 |
the board have no voting power on the board. Student members shall | 165 |
not be considered as members of the board in determining whether a | 166 |
quorum is present. Student members shall not be entitled to attend | 167 |
executive sessions of the board. | 168 |
Sec. 3364.02. The board of trustees of the university of | 169 |
Toledo annually shall elect from among its members a chairperson | 170 |
and a vice-chairperson, and also may appoint a secretary of the | 171 |
board, a treasurer, and such other officers of the university as | 172 |
the interest of the university requires, who may be members of the | 173 |
board. The treasurer, before entering upon the discharge of | 174 |
official duties, shall give bond to the state for the faithful | 175 |
performance of the treasurer's duties and the proper accounting | 176 |
for all moneys coming into the treasurer's care. The amount of | 177 |
that bond shall be determined by the board, but shall not be for a | 178 |
sum less than the estimated amount which may come into the | 179 |
treasurer's control at any time, less any reasonable deductible. | 180 |
Sec. 3364.03. The board of trustees of the university of | 181 |
Toledo shall employ, fix the compensation of, and remove, the | 182 |
president and such number of professors, teachers, and other | 183 |
employees as may be deemed necessary. The board shall do all | 184 |
things necessary for the creation, proper maintenance, and | 185 |
successful and continuous operation of the university and may | 186 |
adopt and from time to time amend bylaws, rules, and regulations | 187 |
for the conduct of the board and the government and conduct of the | 188 |
university. The board may accept donations of lands and moneys for | 189 |
the purposes of such university. | 190 |
Sec. 3364.04. The board of trustees of the university of | 191 |
Toledo may receive and hold in trust, for the use and benefit of | 192 |
the university, any grant or devise of land, and any donation or | 193 |
bequest of money or other personal property, to be applied to the | 194 |
general or special use of the university, unless otherwise | 195 |
directed in the donation or bequest. The board of trustees of the | 196 |
university of Toledo may make and enter into all contracts and | 197 |
agreements necessary or incidental to the acquisition of property | 198 |
for and the operation of the university. Title to any property | 199 |
taken in the name of the state of Ohio for the benefit of the | 200 |
university of Toledo, the board of trustees of the university of | 201 |
Toledo, the university of Toledo, the medical college of Ohio, or | 202 |
the Toledo state college of medicine shall be deemed to have been | 203 |
taken in the name of the board of trustees of the university of | 204 |
Toledo. | 205 |
Sec. 3364.05. The general assembly shall support the | 206 |
university of Toledo by such sums and in such manner as it may | 207 |
provide, but support may also come from other sources. | 208 |
Sec. 3364.06. (A) As used in this section, "constituent | 209 |
institutions" means the university of Toledo, as authorized under | 210 |
former Chapter 3360. of the Revised Code, and the medical | 211 |
university of Ohio at Toledo, as authorized under former sections | 212 |
3350.01 to 3350.05 of the Revised Code, which are combined as the | 213 |
university of Toledo pursuant to section 3364.01 of the Revised | 214 |
Code. | 215 |
(B) When the combination of the constituent institutions | 216 |
becomes effective, all of the following apply: | 217 |
(1) The separate existence of each of the constituent | 218 |
institutions shall cease, and the existence of each of the | 219 |
constituent institutions shall be continued for all purposes as | 220 |
the combined university of Toledo. The combination shall not cause | 221 |
either of the constituent institutions to be extinguished, | 222 |
terminated, dissolved, or liquidated and shall not constitute a | 223 |
sale, assignment, conveyance, disposition, or transfer of any of | 224 |
the rights or property of either of the constituent institutions. | 225 |
Whenever an instrument of conveyance, assignment, or transfer or | 226 |
deed or other act is necessary to vest property or rights in the | 227 |
combined university, the officers, trustees, or other authorized | 228 |
representatives of the respective constituent institutions shall | 229 |
execute, acknowledge, and deliver such instruments and do such | 230 |
acts. For these purposes, the existence of the respective | 231 |
constituent institutions and the authority of their respective | 232 |
officers, trustees, or other authorized representatives is | 233 |
continued notwithstanding the combination. | 234 |
(2) The combined university possesses all assets and property | 235 |
of every description, and every interest in the assets and | 236 |
property, wherever located, and the rights, privileges, | 237 |
immunities, powers, franchises, and authority of each of the | 238 |
constituent institutions, all of which are vested in the combined | 239 |
university without further act or deed. Title to any real estate | 240 |
or any interest in the real estate vested in either of the | 241 |
constituent institutions shall not revert or in any way be | 242 |
impaired by reason of the combination. | 243 |
(3) The combined university is liable for all the obligations | 244 |
of each of the constituent institutions to the combination. Any | 245 |
claim existing or any action or proceeding pending by or against | 246 |
either of the constituent institutions may be prosecuted to | 247 |
judgment, with right of appeal, as if the combination had not | 248 |
taken place, or the combined university may be substituted in its | 249 |
place. | 250 |
(4) All the rights of creditors of each of the constituent | 251 |
institutions are preserved unimpaired, and all liens upon the | 252 |
property of either of the constituent institutions are preserved | 253 |
unimpaired, on only the property affected by such liens | 254 |
immediately prior to the effective date of the combination. | 255 |
Section 2. That sections 145.011, 151.04, 154.01, 3305.01, | 256 |
3307.01, 3333.045, 3334.01, 3345.04, 3345.12, 3345.17, 3345.31, | 257 |
3345.32, 3345.50, 3345.51, and 3345.71 of the Revised Code be | 258 |
amended to read as follows: | 259 |
Sec. 145.011. In addition to the membership of the public | 260 |
employees retirement system as prescribed in division (A) of | 261 |
section 145.01 of the Revised Code and notwithstanding Chapter | 262 |
3309. of the Revised Code, there shall be included in such | 263 |
membership all of the following: | 264 |
(A) The nonteaching employees of the Cleveland state | 265 |
university | 266 |
northeastern Ohio universities college of medicine; | 267 |
(B) Any person who elects to transfer from the school | 268 |
employees retirement system to the public employees retirement | 269 |
system under section 3309.312 of the Revised Code; | 270 |
(C) Any person who is employed full-time on or after | 271 |
September 16, 1998, pursuant to section 3345.04 of the Revised | 272 |
Code by the university of Akron as a state university law | 273 |
enforcement officer. | 274 |
Such employees are included in the definition of member as | 275 |
used in Chapter 145. of the Revised Code. The universities and | 276 |
colleges shall be subject to the obligations imposed by Chapter | 277 |
145. of the Revised Code. | 278 |
Sec. 151.04. This section applies to obligations as defined | 279 |
in this section. | 280 |
(A) As used in this section: | 281 |
(1) "Costs of capital facilities" include related direct | 282 |
administrative expenses and allocable portions of direct costs of | 283 |
the using institution. | 284 |
(2) "Obligations" means obligations as defined in section | 285 |
151.01 of the Revised Code issued to pay costs of capital | 286 |
facilities for state-supported or state-assisted institutions of | 287 |
higher education. | 288 |
(3) "State-supported or state-assisted institutions of higher | 289 |
education" means a state university or college, or community | 290 |
college district, technical college district, university branch | 291 |
district, or state community college, or other institution for | 292 |
education, including technical education, beyond the high school, | 293 |
receiving state support or assistance for its expenses of | 294 |
operation. "State university or college" means each of the state | 295 |
universities identified in
section 3345.011 of the Revised Code | 296 |
and
the northeastern Ohio universities
college of medicine | 297 |
298 |
(4) "Using institution" means the state-supported or | 299 |
state-assisted institution of higher education, or two or more | 300 |
institutions acting jointly, that are the ultimate users of | 301 |
capital facilities for state-supported and state-assisted | 302 |
institutions of higher education financed with net proceeds of | 303 |
obligations. | 304 |
(B) The issuing authority shall issue obligations to pay | 305 |
costs of capital facilities for state-supported and state-assisted | 306 |
institutions of higher education pursuant to Section 2n of Article | 307 |
VIII, Ohio Constitution, section 151.01 of the Revised Code, and | 308 |
this section. | 309 |
(C) Net proceeds of obligations shall be deposited into the | 310 |
higher education improvement fund created by division (F) of | 311 |
section 154.21 of the Revised Code. | 312 |
(D) There is hereby created in the state treasury the "higher | 313 |
education capital facilities bond service fund." All moneys | 314 |
received by the state and required by the bond proceedings, | 315 |
consistent with sections 151.01 and 151.04 of the Revised Code, to | 316 |
be deposited, transferred, or credited to the bond service fund, | 317 |
and all other moneys transferred or allocated to or received for | 318 |
the purposes of that fund, shall be deposited and credited to the | 319 |
bond service fund, subject to any applicable provisions of the | 320 |
bond proceedings but without necessity for any act of | 321 |
appropriation. During the period beginning with the date of the | 322 |
first issuance of obligations and continuing during the time that | 323 |
any obligations are outstanding in accordance with their terms, so | 324 |
long as moneys in the bond service fund are insufficient to pay | 325 |
debt service when due on those obligations payable from that fund | 326 |
(except the principal amounts of bond anticipation notes payable | 327 |
from the proceeds of renewal notes or bonds anticipated) and due | 328 |
in the particular fiscal year, a sufficient amount of revenues of | 329 |
the state is committed and, without necessity for further act of | 330 |
appropriation, shall be paid to the bond service fund for the | 331 |
purpose of paying that debt service when due. | 332 |
Sec. 154.01. As used in this chapter: | 333 |
(A) "Commission" means the Ohio public facilities commission | 334 |
created in section 151.02 of the Revised Code. | 335 |
(B) "Obligations" means bonds, notes, or other evidences of | 336 |
obligation, including interest coupons pertaining thereto, issued | 337 |
pursuant to Chapter 154. of the Revised Code. | 338 |
(C) "Bond proceedings" means the order or orders, resolution | 339 |
or resolutions, trust agreement, indenture, lease, and other | 340 |
agreements, amendments and supplements to the foregoing, or any | 341 |
combination thereof, authorizing or providing for the terms and | 342 |
conditions applicable to, or providing for the security of, | 343 |
obligations issued pursuant to Chapter 154. of the Revised Code, | 344 |
and the provisions contained in such obligations. | 345 |
(D) "State agencies" means the state of Ohio and officers, | 346 |
boards, commissions, departments, divisions, or other units or | 347 |
agencies of the state. | 348 |
(E) "Governmental agency" means state agencies, state | 349 |
supported and assisted institutions of higher education, municipal | 350 |
corporations, counties, townships, school districts, and any other | 351 |
political subdivision or special district in this state | 352 |
established pursuant to law, and, except where otherwise | 353 |
indicated, also means the United States or any department, | 354 |
division, or agency thereof, and any agency, commission, or | 355 |
authority established pursuant to an interstate compact or | 356 |
agreement. | 357 |
(F) "Institutions of higher education" and "state supported | 358 |
or state assisted institutions of higher education" means the | 359 |
state universities identified in section 3345.011 of the Revised | 360 |
Code, | 361 |
Ohio universities college of medicine, state universities or | 362 |
colleges at any time created, community college districts, | 363 |
university branch districts, and technical college districts at | 364 |
any time established or operating under Chapter 3354., 3355., or | 365 |
3357. of the Revised Code, and other institutions for education, | 366 |
including technical education, beyond the high school, receiving | 367 |
state support or assistance for their expenses of operation. | 368 |
(G) "Governing body" means: | 369 |
(1) In the case of institutions of higher education, the | 370 |
board of trustees, board of directors, commission, or other body | 371 |
vested by law with the general management, conduct, and control of | 372 |
one or more institutions of higher education; | 373 |
(2) In the case of a county, the board of county | 374 |
commissioners or other legislative body; in the case of a | 375 |
municipal corporation, the council or other legislative body; in | 376 |
the case of a township, the board of township trustees; in the | 377 |
case of a school district, the board of education; | 378 |
(3) In the case of any other governmental agency, the | 379 |
officer, board, commission, authority or other body having the | 380 |
general management thereof or having jurisdiction or authority in | 381 |
the particular circumstances. | 382 |
(H) "Person" means any person, firm, partnership, | 383 |
association, or corporation. | 384 |
(I) "Bond service charges" means principal, including | 385 |
mandatory sinking fund requirements for retirement of obligations, | 386 |
and interest, and redemption premium, if any, required to be paid | 387 |
by the state on obligations. If not prohibited by the applicable | 388 |
bond proceedings, bond service charges may include costs relating | 389 |
to credit enhancement facilities that are related to and | 390 |
represent, or are intended to provide a source of payment of or | 391 |
limitation on, other bond service charges. | 392 |
(J) "Capital facilities" means buildings, structures, and | 393 |
other improvements, and equipment, real estate, and interests in | 394 |
real estate therefor, within the state, and any one, part of, or | 395 |
combination of the foregoing, to serve the general purposes for | 396 |
which the issuing authority is authorized to issue obligations | 397 |
pursuant to Chapter 154. of the Revised Code, including, but not | 398 |
limited to, drives, roadways, parking facilities, walks, lighting, | 399 |
machinery, furnishings, utilities, landscaping, wharves, docks, | 400 |
piers, reservoirs, dams, tunnels, bridges, retaining walls, | 401 |
riprap, culverts, ditches, channels, watercourses, retention | 402 |
basins, standpipes and water storage facilities, waste treatment | 403 |
and disposal facilities, heating, air conditioning and | 404 |
communications facilities, inns, lodges, cabins, camping sites, | 405 |
golf courses, boat and bathing facilities, athletic and | 406 |
recreational facilities, and site improvements. | 407 |
(K) "Costs of capital facilities" means the costs of | 408 |
acquiring, constructing, reconstructing, rehabilitating, | 409 |
remodeling, renovating, enlarging, improving, equipping, or | 410 |
furnishing capital facilities, and the financing thereof, | 411 |
including the cost of clearance and preparation of the site and of | 412 |
any land to be used in connection with capital facilities, the | 413 |
cost of any indemnity and surety bonds and premiums on insurance, | 414 |
all related direct administrative expenses and allocable portions | 415 |
of direct costs of the commission or issuing authority and | 416 |
department of administrative services, or other designees of the | 417 |
commission under section 154.17 of the Revised Code, cost of | 418 |
engineering and architectural services, designs, plans, | 419 |
specifications, surveys, and estimates of cost, legal fees, fees | 420 |
and expenses of trustees, depositories, and paying agents for the | 421 |
obligations, cost of issuance of the obligations and financing | 422 |
charges and fees and expenses of financial advisers and | 423 |
consultants in connection therewith, interest on obligations from | 424 |
the date thereof to the time when interest is to be covered from | 425 |
sources other than proceeds of obligations, amounts necessary to | 426 |
establish reserves as required by the bond proceedings, costs of | 427 |
audits, the reimbursement of all moneys advanced or applied by or | 428 |
borrowed from any governmental agency, whether to or by the | 429 |
commission or others, from whatever source provided, for the | 430 |
payment of any item or items of cost of the capital facilities, | 431 |
any share of the cost undertaken by the commission pursuant to | 432 |
arrangements made with governmental agencies under division (H) of | 433 |
section 154.06 of the Revised Code, and all other expenses | 434 |
necessary or incident to planning or determining feasibility or | 435 |
practicability with respect to capital facilities, and such other | 436 |
expenses as may be necessary or incident to the acquisition, | 437 |
construction, reconstruction, rehabilitation, remodeling, | 438 |
renovation, enlargement, improvement, equipment, and furnishing of | 439 |
capital facilities, the financing thereof and the placing of the | 440 |
same in use and operation, including any one, part of, or | 441 |
combination of such classes of costs and expenses. | 442 |
(L) "Public service facilities" means inns, lodges, hotels, | 443 |
cabins, camping sites, scenic trails, picnic sites, restaurants, | 444 |
commissaries, golf courses, boating and bathing facilities and | 445 |
other similar facilities in state parks. | 446 |
(M) "State parks" means: | 447 |
(1) State reservoirs described and identified in section | 448 |
1541.06 of the Revised Code; | 449 |
(2) All lands or interests therein of the state identified as | 450 |
administered by the division of parks and recreation in the | 451 |
"inventory of state owned lands administered by the department of | 452 |
natural resources as of June 1, 1963," as recorded in the journal | 453 |
of the director, which inventory was prepared by the real estate | 454 |
section of the department and is supported by maps now on file in | 455 |
said real estate section; | 456 |
(3) All lands or interests in lands of the state designated | 457 |
after June 1, 1963, as state parks in the journal of the director | 458 |
with the approval of the recreation and resources council. | 459 |
State parks do not include any lands or interest in lands of | 460 |
the state administered jointly by two or more divisions of the | 461 |
department of natural resources. The designation of lands as state | 462 |
parks under divisions (M)(1) to (3) of this section is conclusive | 463 |
and such lands shall be under the control of and administered by | 464 |
the division of parks and recreation. No order or proceeding | 465 |
designating lands as state parks or park purchase areas is subject | 466 |
to any appeal or review by any officer, board, commission, or | 467 |
court. | 468 |
(N) "Bond service fund" means the applicable fund created for | 469 |
and pledged to the payment of bond service charges under section | 470 |
154.20, 154.21, 154.22, or 154.23 of the Revised Code, including | 471 |
all moneys and investments, and earnings from investments, | 472 |
credited and to be credited thereto. | 473 |
(O) "Improvement fund" means the applicable fund created for | 474 |
the payment of costs of capital facilities under section 154.20, | 475 |
154.21, 154.22, or 3383.09 of the Revised Code, including all | 476 |
moneys and investments, and earnings from investments, credited | 477 |
and to be credited thereto. | 478 |
(P) "Special funds" or "funds" means, except where the | 479 |
context does not permit, the bond service funds, the improvements | 480 |
funds, and any other funds for similar or different purposes | 481 |
created under bond proceedings, including all moneys and | 482 |
investments, and earnings from investments, credited and to be | 483 |
credited thereto. | 484 |
(Q) "Year" unless the context indicates a different meaning | 485 |
or intent, means a calendar year beginning on the first day of | 486 |
January and ending on the thirty-first day of December. | 487 |
(R) "Fiscal year" means the period of twelve months beginning | 488 |
on the first day of July and ending on the thirtieth day of June. | 489 |
(S) "Issuing authority" means the treasurer of state or the | 490 |
officer or employee who by law performs the functions of that | 491 |
office. | 492 |
(T) "Credit enhancement facilities" has the same meaning as | 493 |
in section 133.01 of the Revised Code. | 494 |
(U) "Ohio cultural facility" and "Ohio sports facility" have | 495 |
the same meanings as in section 3383.01 of the Revised Code. | 496 |
Sec. 3305.01. As used in this chapter: | 497 |
(A) "Public institution of higher education" means a state | 498 |
university as defined in
section 3345.011 of the Revised Code, | 499 |
500 | |
universities college of medicine, or a university branch, | 501 |
technical college, state community college, community college, or | 502 |
municipal university established or operating under Chapter 3345., | 503 |
3349., 3354., 3355., 3357., or 3358. of the Revised Code. | 504 |
(B) "State retirement system" means the public employees | 505 |
retirement system created under Chapter 145. of the Revised Code, | 506 |
the state teachers retirement system created under Chapter 3307. | 507 |
of the Revised Code, or the school employees retirement system | 508 |
created under Chapter 3309. of the Revised Code. | 509 |
(C) "Eligible employee" means any person employed as a | 510 |
full-time employee of a public institution of higher education. | 511 |
In all cases of doubt, the board of trustees of the public | 512 |
institution of higher education shall determine whether any person | 513 |
is an eligible employee for purposes of this chapter, and the | 514 |
board's decision shall be final. | 515 |
(D) "Electing employee" means any eligible employee who | 516 |
elects, pursuant to section 3305.05 or 3305.051 of the Revised | 517 |
Code, to participate in an alternative retirement plan provided | 518 |
pursuant to this chapter or an eligible employee who is required | 519 |
to participate in an alternative retirement plan pursuant to | 520 |
division (C)(4) of section 3305.05 or division (F) of section | 521 |
3305.051 of the Revised Code. | 522 |
(E) "Compensation," for purposes of an electing employee, has | 523 |
the same meaning as the applicable one of the following: | 524 |
(1) If the electing employee would be subject to Chapter 145. | 525 |
of the Revised Code had the employee not made an election pursuant | 526 |
to section 3305.05 or 3305.051 of the Revised Code, "earnable | 527 |
salary" as defined in division (R) of section 145.01 of the | 528 |
Revised Code; | 529 |
(2) If the electing employee would be subject to Chapter | 530 |
3307. of the Revised Code had the employee not made an election | 531 |
pursuant to section 3305.05 or 3305.051 of the Revised Code, | 532 |
"compensation" as defined in division (L) of section 3307.01 of | 533 |
the Revised Code; | 534 |
(3) If the electing employee would be subject to Chapter | 535 |
3309. of the Revised Code had the employee not made an election | 536 |
pursuant to section 3305.05 or 3305.051 of the Revised Code, | 537 |
"compensation" as defined in division (V) of section 3309.01 of | 538 |
the Revised Code. | 539 |
(F) "Provider" means an entity designated under section | 540 |
3305.03 of the Revised Code as a provider of investment options | 541 |
for an alternative retirement plan. | 542 |
Sec. 3307.01. As used in this chapter: | 543 |
(A) "Employer" means the board of education, school district, | 544 |
governing authority of any community school established under | 545 |
Chapter 3314. of the Revised Code, college, university, | 546 |
institution, or other agency within the state by which a teacher | 547 |
is employed and paid. | 548 |
(B) "Teacher" means all of the following: | 549 |
(1) Any person paid from public funds and employed in the | 550 |
public schools of the state under any type of contract described | 551 |
in section 3319.08 of the Revised Code in a position for which the | 552 |
person is required to have a license issued pursuant to sections | 553 |
3319.22 to 3319.31 of the Revised Code; | 554 |
(2) Any person employed as a teacher by a community school | 555 |
pursuant to Chapter 3314. of the Revised Code; | 556 |
(3) Any person having a license issued pursuant to sections | 557 |
3319.22 to 3319.31 of the Revised Code and employed in a public | 558 |
school in this state in an educational position, as determined by | 559 |
the state board of education, under programs provided for by | 560 |
federal acts or regulations and financed in whole or in part from | 561 |
federal funds, but for which no licensure requirements for the | 562 |
position can be made under the provisions of such federal acts or | 563 |
regulations; | 564 |
(4) Any other teacher or faculty member employed in any | 565 |
school, college, university, institution, or other agency wholly | 566 |
controlled and managed, and supported in whole or in part, by the | 567 |
state or any political subdivision thereof, including Central | 568 |
state university, Cleveland state university, and the university | 569 |
of
Toledo | 570 |
(5) The educational employees of the department of education, | 571 |
as determined by the state superintendent of public instruction. | 572 |
In all cases of doubt, the state teachers retirement board | 573 |
shall determine whether any person is a teacher, and its decision | 574 |
shall be final. | 575 |
"Teacher" does not include any eligible employee of a public | 576 |
institution of higher education, as defined in section 3305.01 of | 577 |
the Revised Code, who elects to participate in an alternative | 578 |
retirement plan established under Chapter 3305. of the Revised | 579 |
Code. | 580 |
(C) "Member" means any person included in the membership of | 581 |
the state teachers retirement system, which shall consist of all | 582 |
teachers and contributors as defined in divisions (B) and (D) of | 583 |
this section and all disability benefit recipients, as defined in | 584 |
section 3307.50 of the Revised Code. However, for purposes of this | 585 |
chapter, the following persons shall not be considered members: | 586 |
(1) A student, intern, or resident who is not a member while | 587 |
employed part-time by a school, college, or university at which | 588 |
the student, intern, or resident is regularly attending classes; | 589 |
(2) A person denied membership pursuant to section 3307.24 of | 590 |
the Revised Code; | 591 |
(3) An other system retirant, as defined in section 3307.35 | 592 |
of the Revised Code, or a superannuate; | 593 |
(4) An individual employed in a program established pursuant | 594 |
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29 | 595 |
U.S.C.A. 1501. | 596 |
(D) "Contributor" means any person who has an account in the | 597 |
teachers' savings fund or defined contribution fund. | 598 |
(E) "Beneficiary" means any person eligible to receive, or in | 599 |
receipt of, a retirement allowance or other benefit provided by | 600 |
this chapter. | 601 |
(F) "Year" means the year beginning the first day of July and | 602 |
ending with the thirtieth day of June next following, except that | 603 |
for the purpose of determining final average salary under the plan | 604 |
described in sections 3307.50 to 3307.79 of the Revised Code, | 605 |
"year" may mean the contract year. | 606 |
(G) "Local district pension system" means any school teachers | 607 |
pension fund created in any school district of the state in | 608 |
accordance with the laws of the state prior to September 1, 1920. | 609 |
(H) "Employer contribution" means the amount paid by an | 610 |
employer, as determined by the employer rate, including the normal | 611 |
and deficiency rates, contributions, and funds wherever used in | 612 |
this chapter. | 613 |
(I) "Five years of service credit" means employment covered | 614 |
under this chapter and employment covered under a former | 615 |
retirement plan operated, recognized, or endorsed by a college, | 616 |
institute, university, or political subdivision of this state | 617 |
prior to coverage under this chapter. | 618 |
(J) "Actuary" means the actuarial consultant to the state | 619 |
teachers retirement board, who shall be either of the following: | 620 |
(1) A member of the American academy of actuaries; | 621 |
(2) A firm, partnership, or corporation of which at least one | 622 |
person is a member of the American academy of actuaries. | 623 |
(K) "Fiduciary" means a person who does any of the following: | 624 |
(1) Exercises any discretionary authority or control with | 625 |
respect to the management of the system, or with respect to the | 626 |
management or disposition of its assets; | 627 |
(2) Renders investment advice for a fee, direct or indirect, | 628 |
with respect to money or property of the system; | 629 |
(3) Has any discretionary authority or responsibility in the | 630 |
administration of the system. | 631 |
(L)(1) Except as provided in this division, "compensation" | 632 |
means all salary, wages, and other earnings paid to a teacher by | 633 |
reason of the teacher's employment, including compensation paid | 634 |
pursuant to a supplemental contract. The salary, wages, and other | 635 |
earnings shall be determined prior to determination of the amount | 636 |
required to be contributed to the teachers' savings fund or | 637 |
defined contribution fund under section 3307.26 of the Revised | 638 |
Code and without regard to whether any of the salary, wages, or | 639 |
other earnings are treated as deferred income for federal income | 640 |
tax purposes. | 641 |
(2) Compensation does not include any of the following: | 642 |
(a) Payments for accrued but unused sick leave or personal | 643 |
leave, including payments made under a plan established pursuant | 644 |
to section 124.39 of the Revised Code or any other plan | 645 |
established by the employer; | 646 |
(b) Payments made for accrued but unused vacation leave, | 647 |
including payments made pursuant to section 124.13 of the Revised | 648 |
Code or a plan established by the employer; | 649 |
(c) Payments made for vacation pay covering concurrent | 650 |
periods for which other salary, compensation, or benefits under | 651 |
this chapter are paid; | 652 |
(d) Amounts paid by the employer to provide life insurance, | 653 |
sickness, accident, endowment, health, medical, hospital, dental, | 654 |
or surgical coverage, or other insurance for the teacher or the | 655 |
teacher's family, or amounts paid by the employer to the teacher | 656 |
in lieu of providing the insurance; | 657 |
(e) Incidental benefits, including lodging, food, laundry, | 658 |
parking, or services furnished by the employer, use of the | 659 |
employer's property or equipment, and reimbursement for | 660 |
job-related expenses authorized by the employer, including moving | 661 |
and travel expenses and expenses related to professional | 662 |
development; | 663 |
(f) Payments made by the employer in exchange for a member's | 664 |
waiver of a right to receive any payment, amount, or benefit | 665 |
described in division (L)(2) of this section; | 666 |
(g) Payments by the employer for services not actually | 667 |
rendered; | 668 |
(h) Any amount paid by the employer as a retroactive increase | 669 |
in salary, wages, or other earnings, unless the increase is one of | 670 |
the following: | 671 |
(i) A retroactive increase paid to a member employed by a | 672 |
school district board of education in a position that requires a | 673 |
license designated for teaching and not designated for being an | 674 |
administrator issued under section 3319.22 of the Revised Code | 675 |
that is paid in accordance with uniform criteria applicable to all | 676 |
members employed by the board in positions requiring the licenses; | 677 |
(ii) A retroactive increase paid to a member employed by a | 678 |
school district board of education in a position that requires a | 679 |
license designated for being an administrator issued under section | 680 |
3319.22 of the Revised Code that is paid in accordance with | 681 |
uniform criteria applicable to all members employed by the board | 682 |
in positions requiring the licenses; | 683 |
(iii) A retroactive increase paid to a member employed by a | 684 |
school district board of education as a superintendent that is | 685 |
also paid as described in division (L)(2)(h)(i) of this section; | 686 |
(iv) A retroactive increase paid to a member employed by an | 687 |
employer other than a school district board of education in | 688 |
accordance with uniform criteria applicable to all members | 689 |
employed by the employer. | 690 |
(i) Payments made to or on behalf of a teacher that are in | 691 |
excess of the annual compensation that may be taken into account | 692 |
by the retirement system under division (a)(17) of section 401 of | 693 |
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. | 694 |
401(a)(17), as amended. For a teacher who first establishes | 695 |
membership before July 1, 1996, the annual compensation that may | 696 |
be taken into account by the retirement system shall be determined | 697 |
under division (d)(3) of section 13212 of the "Omnibus Budget | 698 |
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472. | 699 |
(j) Payments made under division (B), (C), or (E) of section | 700 |
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill | 701 |
No. 3 of the 119th general assembly, Section 3 of Amended | 702 |
Substitute Senate Bill No. 164 of the 124th general assembly, or | 703 |
Amended Substitute House Bill No. 405 of the 124th general | 704 |
assembly; | 705 |
(k) Anything of value received by the teacher that is based | 706 |
on or attributable to retirement or an agreement to retire. | 707 |
(3) The retirement board shall determine by rule both of the | 708 |
following: | 709 |
(a) Whether particular forms of earnings are included in any | 710 |
of the categories enumerated in this division; | 711 |
(b) Whether any form of earnings not enumerated in this | 712 |
division is to be included in compensation. | 713 |
Decisions of the board made under this division shall be | 714 |
final. | 715 |
(M) "Superannuate" means both of the following: | 716 |
(1) A former teacher receiving from the system a retirement | 717 |
allowance under section 3307.58 or 3307.59 of the Revised Code; | 718 |
(2) A former teacher receiving a benefit from the system | 719 |
under a plan established under section 3307.81 of the Revised | 720 |
Code, except that "superannuate" does not include a former teacher | 721 |
who is receiving a benefit based on disability under a plan | 722 |
established under section 3307.81 of the Revised Code. | 723 |
For purposes of sections 3307.35 and 3307.353 of the Revised | 724 |
Code, "superannuate" also means a former teacher receiving from | 725 |
the system a combined service retirement benefit paid in | 726 |
accordance with section 3307.57 of the Revised Code, regardless of | 727 |
which retirement system is paying the benefit. | 728 |
Sec. 3333.045. As used in this section, "state university or | 729 |
college" means any state university listed in section 3345.011 of | 730 |
the Revised Code, the northeastern Ohio universities college of | 731 |
medicine, | 732 |
college under Chapter 3354. of the Revised Code, any university | 733 |
branch district under Chapter 3355. of the Revised Code, any | 734 |
technical college under Chapter 3357. of the Revised Code, and any | 735 |
state community college under Chapter 3358. of the Revised Code. | 736 |
The Ohio board of regents shall work with the attorney | 737 |
general, the auditor of state, and the Ohio ethics commission to | 738 |
develop a model for training members of the boards of trustees of | 739 |
all state universities and colleges and members of the board of | 740 |
regents regarding the authority and responsibilities of a board of | 741 |
trustees or the board of regents. This model shall include a | 742 |
review of fiduciary responsibilities, ethics, and fiscal | 743 |
management. Use of this model by members of boards of trustees and | 744 |
the board of regents shall be voluntary. | 745 |
This section does not apply to the three members of the board | 746 |
of trustees of the northeastern Ohio universities college of | 747 |
medicine who are presidents of state universities. | 748 |
Sec. 3334.01. As used in this chapter: | 749 |
(A) "Aggregate original principal amount" means the aggregate | 750 |
of the initial offering prices to the public of college savings | 751 |
bonds, exclusive of accrued interest, if any. "Aggregate original | 752 |
principal amount" does not mean the aggregate accreted amount | 753 |
payable at maturity or redemption of such bonds. | 754 |
(B) "Beneficiary" means: | 755 |
(1) An individual designated by the purchaser under a tuition | 756 |
payment contract or through a scholarship program as the | 757 |
individual on whose behalf tuition units purchased under the | 758 |
contract or awarded through the scholarship program will be | 759 |
applied toward the payment of undergraduate, graduate, or | 760 |
professional tuition; or | 761 |
(2) An individual designated by the contributor under a | 762 |
variable college savings program contract as the individual whose | 763 |
tuition and other higher education expenses will be paid from a | 764 |
variable college savings program account. | 765 |
(C) "Capital appreciation bond" means a bond for which the | 766 |
following is true: | 767 |
(1) The principal amount is less than the amount payable at | 768 |
maturity or early redemption; and | 769 |
(2) No interest is payable on a current basis. | 770 |
(D) "Tuition unit" means a credit of the Ohio tuition trust | 771 |
authority purchased under section 3334.09 of the Revised Code. | 772 |
"Tuition unit" includes a tuition credit purchased prior to July | 773 |
1, 1994. | 774 |
(E) "College savings bonds" means revenue and other | 775 |
obligations issued on behalf of the state or any agency or issuing | 776 |
authority thereof as a zero-coupon or capital appreciation bond, | 777 |
and designated as college savings bonds as provided in this | 778 |
chapter. "College savings bond issue" means any issue of bonds of | 779 |
which any part has been designated as college savings bonds. | 780 |
(F) "Institution of higher education" means a state | 781 |
institution of higher education, a private college, university, or | 782 |
other postsecondary institution located in this state that | 783 |
possesses a certificate of authorization issued by the Ohio board | 784 |
of regents pursuant to Chapter 1713. of the Revised Code or a | 785 |
certificate of registration issued by the state board of career | 786 |
colleges and schools under Chapter 3332. of the Revised Code, or | 787 |
an accredited college, university, or other postsecondary | 788 |
institution located outside this state that is accredited by an | 789 |
accrediting organization or professional association recognized by | 790 |
the authority. To be considered an institution of higher | 791 |
education, an institution shall meet the definition of an eligible | 792 |
educational institution under section 529 of the Internal Revenue | 793 |
Code. | 794 |
(G) "Issuing authority" means any authority, commission, | 795 |
body, agency, or individual empowered by the Ohio Constitution or | 796 |
the Revised Code to issue bonds or any other debt obligation of | 797 |
the state or any agency or department thereof. "Issuer" means the | 798 |
issuing authority or, if so designated under division (B) of | 799 |
section 3334.04 of the Revised Code, the treasurer of state. | 800 |
(H) "Tuition" means the charges imposed to attend an | 801 |
institution of higher education as an undergraduate, graduate, or | 802 |
professional student and all fees required as a condition of | 803 |
enrollment, as determined by the Ohio tuition trust authority. | 804 |
"Tuition" does not include laboratory fees, room and board, or | 805 |
other similar fees and charges. | 806 |
(I) "Weighted average tuition" means the tuition cost | 807 |
resulting from the following calculation: | 808 |
(1) Add the products of the annual undergraduate tuition | 809 |
charged to Ohio residents at each four-year state university | 810 |
multiplied by that institution's total number of undergraduate | 811 |
fiscal year equated students; and | 812 |
(2) Divide the gross total of the products from division | 813 |
(I)(1) of this section by the total number of undergraduate fiscal | 814 |
year equated students attending four-year state universities. | 815 |
When making this calculation, the "annual undergraduate | 816 |
tuition charged to Ohio residents" shall not incorporate any | 817 |
tuition reductions that vary in amount among individual recipients | 818 |
and that are awarded to Ohio residents based upon their particular | 819 |
circumstances, beyond any minimum amount awarded uniformly to all | 820 |
Ohio residents. In addition, any tuition reductions awarded | 821 |
uniformly to all Ohio residents shall be incorporated into this | 822 |
calculation. | 823 |
(J) "Zero-coupon bond" means a bond which has a stated | 824 |
interest rate of zero per cent and on which no interest is payable | 825 |
until the maturity or early redemption of the bond, and is offered | 826 |
at a substantial discount from its original stated principal | 827 |
amount. | 828 |
(K) "State institution of higher education" includes the | 829 |
state universities listed in section 3345.011 of the Revised Code, | 830 |
community colleges created pursuant to Chapter 3354. of the | 831 |
Revised Code, university branches created pursuant to Chapter | 832 |
3355. of the Revised Code, technical colleges created pursuant to | 833 |
Chapter 3357. of the Revised Code, state community colleges | 834 |
created pursuant to Chapter 3358. of the Revised Code, | 835 |
836 | |
universities college of medicine. | 837 |
(L) "Four-year state university" means those state | 838 |
universities listed in section 3345.011 of the Revised Code. | 839 |
(M) "Principal amount" refers to the initial offering price | 840 |
to the public of an obligation, exclusive of the accrued interest, | 841 |
if any. "Principal amount" does not refer to the aggregate | 842 |
accreted amount payable at maturity or redemption of an | 843 |
obligation. | 844 |
(N) "Scholarship program" means a program registered with the | 845 |
Ohio tuition trust authority pursuant to section 3334.17 of the | 846 |
Revised Code. | 847 |
(O) "Internal Revenue Code" means the "Internal Revenue Code | 848 |
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended. | 849 |
(P) "Other higher education expenses" means room and board | 850 |
and books, supplies, equipment, and nontuition-related fees | 851 |
associated with the cost of attendance of a beneficiary at an | 852 |
institution of higher education, but only to the extent that such | 853 |
expenses meet the definition of "qualified higher education | 854 |
expenses" under section 529 of the Internal Revenue Code. "Other | 855 |
higher education expenses" does not include tuition as defined in | 856 |
division (H) of this section. | 857 |
(Q) "Purchaser" means the person signing the tuition payment | 858 |
contract, who controls the account and acquires tuition units for | 859 |
an account under the terms and conditions of the contract. | 860 |
(R) "Contributor" means a person who signs a variable college | 861 |
savings program contract with the Ohio tuition trust authority and | 862 |
contributes to and owns the account created under the contract. | 863 |
(S) "Contribution" means any payment directly allocated to an | 864 |
account for the benefit of the designated beneficiary of the | 865 |
account. | 866 |
Sec. 3345.04. (A) As used in this section, "felony" has the | 867 |
same meaning as in section 109.511 of the Revised Code. | 868 |
(B) Subject to division (C) of this section, the board of | 869 |
trustees of a state university, | 870 |
871 | |
northeastern Ohio universities college of medicine, the board of | 872 |
trustees of a state community college, and the board of trustees | 873 |
of a technical college or community college district operating a | 874 |
technical or a community college may designate one or more | 875 |
employees of the institution, as a state university law | 876 |
enforcement officer, in accordance with section 109.77 of the | 877 |
Revised Code, and, as state university law enforcement officers, | 878 |
those employees shall take an oath of office, wear the badge of | 879 |
office, serve as peace officers for the college or university, and | 880 |
give bond to the state for the proper and faithful discharge of | 881 |
their duties in the amount that the board of trustees requires. | 882 |
(C)(1) The board of trustees of an institution listed in | 883 |
division (B) of this section shall not designate an employee of | 884 |
the institution as a state university law enforcement officer | 885 |
pursuant to that division on a permanent basis, on a temporary | 886 |
basis, for a probationary term, or on other than a permanent basis | 887 |
if the employee previously has been convicted of or has pleaded | 888 |
guilty to a felony. | 889 |
(2)(a) The board of trustees shall terminate the employment | 890 |
as a state university law enforcement officer of an employee | 891 |
designated as a state university law enforcement officer under | 892 |
division (B) of this section if that employee does either of the | 893 |
following: | 894 |
(i) Pleads guilty to a felony; | 895 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 896 |
plea agreement as provided in division (D) of section 2929.43 of | 897 |
the Revised Code in which the employee agrees to surrender the | 898 |
certificate awarded to the employee under section 109.77 of the | 899 |
Revised Code. | 900 |
(b) The board of trustees shall suspend from employment as a | 901 |
state university law enforcement officer an employee designated as | 902 |
a state university law enforcement officer under division (B) of | 903 |
this section if that employee is convicted, after trial, of a | 904 |
felony. If the state university law enforcement officer files an | 905 |
appeal from that conviction and the conviction is upheld by the | 906 |
highest court to which the appeal is taken or if the state | 907 |
university law enforcement officer does not file a timely appeal, | 908 |
the board of trustees shall terminate the employment of that state | 909 |
university law enforcement officer. If the state university law | 910 |
enforcement officer files an appeal that results in that officer's | 911 |
acquittal of the felony or conviction of a misdemeanor, or in the | 912 |
dismissal of the felony charge against that officer, the board of | 913 |
trustees shall reinstate that state university law enforcement | 914 |
officer. A state university law enforcement officer who is | 915 |
reinstated under division (C)(2)(b) of this section shall not | 916 |
receive any back pay unless that officer's conviction of the | 917 |
felony was reversed on appeal, or the felony charge was dismissed, | 918 |
because the court found insufficient evidence to convict the | 919 |
officer of the felony. | 920 |
(3) Division (C) of this section does not apply regarding an | 921 |
offense that was committed prior to January 1, 1997. | 922 |
(4) The suspension from employment, or the termination of the | 923 |
employment, of a state university law enforcement officer under | 924 |
division (C)(2) of this section shall be in accordance with | 925 |
Chapter 119. of the Revised Code. | 926 |
Sec. 3345.12. (A) As used in this section and sections | 927 |
3345.07 and 3345.11 of the Revised Code, in other sections of the | 928 |
Revised Code that make reference to this section unless the | 929 |
context does not permit, and in related bond proceedings unless | 930 |
otherwise expressly provided: | 931 |
(1) "State university or college" means each of the state | 932 |
universities identified in section 3345.011 of the Revised Code | 933 |
and
the northeastern Ohio universities college of medicine | 934 |
935 | |
of trustees. | 936 |
(2) "Institution of higher education" or "institution" means | 937 |
a state university or college, or a community college district, | 938 |
technical college district, university branch district, or state | 939 |
community college, and includes the applicable board of trustees | 940 |
or, in the case of a university branch district, any other | 941 |
managing authority. | 942 |
(3) "Housing and dining facilities" means buildings, | 943 |
structures, and other improvements, and equipment, real estate, | 944 |
and interests in real estate therefor, to be used for or in | 945 |
connection with dormitories or other living quarters and | 946 |
accommodations, or related dining halls or other food service and | 947 |
preparation facilities, for students, members of the faculty, | 948 |
officers, or employees of the institution of higher education, and | 949 |
their spouses and families. | 950 |
(4) "Auxiliary facilities" means buildings, structures, and | 951 |
other improvements, and equipment, real estate, and interests in | 952 |
real estate therefor, to be used for or in connection with student | 953 |
activity or student service facilities, housing and dining | 954 |
facilities, dining halls, and other food service and preparation | 955 |
facilities, vehicular parking facilities, bookstores, athletic and | 956 |
recreational facilities, faculty centers, auditoriums, assembly | 957 |
and exhibition halls, hospitals, infirmaries and other medical and | 958 |
health facilities, research, and continuing education facilities. | 959 |
(5) "Education facilities" means buildings, structures, and | 960 |
other improvements, and equipment, real estate, and interests in | 961 |
real estate therefor, to be used for or in connection with, | 962 |
classrooms or other instructional facilities, libraries, | 963 |
administrative and office facilities, and other facilities, other | 964 |
than auxiliary facilities, to be used directly or indirectly for | 965 |
or in connection with the conduct of the institution of higher | 966 |
education. | 967 |
(6) "Facilities" means housing and dining facilities, | 968 |
auxiliary facilities, or education facilities, and includes any | 969 |
one, part of, or any combination of such facilities, and further | 970 |
includes site improvements, utilities, machinery, furnishings, and | 971 |
any separate or connected buildings, structures, improvements, | 972 |
sites, open space and green space areas, utilities or equipment to | 973 |
be used in, or in connection with the operation or maintenance of, | 974 |
or supplementing or otherwise related to the services or | 975 |
facilities to be provided by, such facilities. | 976 |
(7) "Obligations" means bonds or notes or other evidences of | 977 |
obligation, including interest coupons pertaining thereto, | 978 |
authorized to be issued under this section or section 3345.07, | 979 |
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised | 980 |
Code. | 981 |
(8) "Bond service charges" means principal, including any | 982 |
mandatory sinking fund or redemption requirements for the | 983 |
retirement of obligations, interest, or interest equivalent and | 984 |
other accreted amounts, and any call premium required to be paid | 985 |
on obligations. | 986 |
(9) "Bond proceedings" means the resolutions, trust | 987 |
agreement, indenture, and other agreements and credit enhancement | 988 |
facilities, and amendments and supplements to the foregoing, or | 989 |
any one or more or combination thereof, authorizing, awarding, or | 990 |
providing for the terms and conditions applicable to, or providing | 991 |
for the security or liquidity of, obligations, and the provisions | 992 |
contained in those obligations. | 993 |
(10) "Costs of facilities" means the costs of acquiring, | 994 |
constructing, reconstructing, rehabilitating, remodeling, | 995 |
renovating, enlarging, improving, equipping, or furnishing | 996 |
facilities, and the financing thereof, including the cost of | 997 |
clearance and preparation of the site and of any land to be used | 998 |
in connection with facilities, the cost of any indemnity and | 999 |
surety bonds and premiums on insurance, all related direct | 1000 |
administrative expenses and allocable portions of direct costs of | 1001 |
the institution of higher education or state agency, cost of | 1002 |
engineering, architectural services, design, plans, specifications | 1003 |
and surveys, estimates of cost, legal fees, fees and expenses of | 1004 |
trustees, depositories, bond registrars, and paying agents for the | 1005 |
obligations, cost of issuance of the obligations and financing | 1006 |
costs and fees and expenses of financial advisers and consultants | 1007 |
in connection therewith, interest on the obligations from the date | 1008 |
thereof to the time when interest is to be covered by available | 1009 |
receipts or other sources other than proceeds of the obligations, | 1010 |
amounts necessary to establish reserves as required by the bond | 1011 |
proceedings, costs of audits, the reimbursements of all moneys | 1012 |
advanced or applied by or borrowed from the institution or others, | 1013 |
from whatever source provided, including any temporary advances | 1014 |
from state appropriations, for the payment of any item or items of | 1015 |
cost of facilities, and all other expenses necessary or incident | 1016 |
to planning or determining feasibility or practicability with | 1017 |
respect to facilities, and such other expenses as may be necessary | 1018 |
or incident to the acquisition, construction, reconstruction, | 1019 |
rehabilitation, remodeling, renovation, enlargement, improvement, | 1020 |
equipment, and furnishing of facilities, the financing thereof and | 1021 |
the placing of them in use and operation, including any one, part | 1022 |
of, or combination of such classes of costs and expenses. | 1023 |
(11) "Available receipts" means all moneys received by the | 1024 |
institution of higher education, including income, revenues, and | 1025 |
receipts from the operation, ownership, or control of facilities, | 1026 |
grants, gifts, donations, and pledges and receipts therefrom, | 1027 |
receipts from fees and charges, and the proceeds of the sale of | 1028 |
obligations, including proceeds of obligations issued to refund | 1029 |
obligations previously issued, but excluding any special fee, and | 1030 |
receipts therefrom, charged pursuant to division (D) of section | 1031 |
154.21 of the Revised Code. | 1032 |
(12) "Credit enhancement facilities" has the meaning given in | 1033 |
division (H) of section 133.01 of the Revised Code. | 1034 |
(13) "Financing costs" has the meaning given in division (K) | 1035 |
of section 133.01 of the Revised Code. | 1036 |
(14) "Interest" or "interest equivalent" has the meaning | 1037 |
given in division (R) of section 133.01 of the Revised Code. | 1038 |
(B) Obligations issued under section 3345.07 or 3345.11 of | 1039 |
the Revised Code by a state university or college shall be | 1040 |
authorized by resolution of its board of trustees. Obligations | 1041 |
issued by any other institution of higher education shall be | 1042 |
authorized by resolution of its board of trustees, or managing | 1043 |
directors in the case of certain university branch districts, as | 1044 |
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code | 1045 |
apply to obligations. Obligations may be issued to pay costs of | 1046 |
facilities even if the institution anticipates the possibility of | 1047 |
a future state appropriation to pay all or a portion of such | 1048 |
costs. | 1049 |
(C) Obligations shall be secured by a pledge of and lien on | 1050 |
all or such part of the available receipts of the institution of | 1051 |
higher education as it provides for in the bond proceedings, | 1052 |
excluding moneys raised by taxation and state appropriations. Such | 1053 |
pledge and lien may be made prior to all other expenses, claims, | 1054 |
or payments, excepting any pledge of such available receipts | 1055 |
previously made to the contrary and except as provided by any | 1056 |
existing restrictions on the use thereof, or such pledge and lien | 1057 |
may be made subordinate to such other expenses, claims, or | 1058 |
payments, as provided in the bond proceedings. Obligations may be | 1059 |
additionally secured by covenants of the institution to make, fix, | 1060 |
adjust, collect, and apply such charges, rates, fees, rentals, and | 1061 |
other items of available receipts as will produce pledged | 1062 |
available receipts sufficient to meet bond service charges, | 1063 |
reserve, and other requirements provided for in the bond | 1064 |
proceedings. Notwithstanding this and any other sections of the | 1065 |
Revised Code, the holders or owners of the obligations shall not | 1066 |
be given the right and shall have no right to have excises or | 1067 |
taxes levied by the general assembly for the payment of bond | 1068 |
service charges thereon, and each such obligation shall bear on | 1069 |
its face a statement to that effect and to the effect that the | 1070 |
right to such payment is limited to the available receipts and | 1071 |
special funds pledged to such purpose under the bond proceedings. | 1072 |
All pledged available receipts and funds and the proceeds of | 1073 |
obligations are trust funds and, subject to the provisions of this | 1074 |
section and the applicable bond proceedings, shall be held, | 1075 |
deposited, invested, reinvested, disbursed, applied, and used to | 1076 |
such extent, in such manner, at such times, and for such purposes, | 1077 |
as are provided in the bond proceedings. | 1078 |
(D) The bond proceedings for obligations shall provide for | 1079 |
the purpose thereof and the principal amount or maximum principal | 1080 |
amount, and provide for or authorize the manner of determining the | 1081 |
principal maturity or maturities, the sale price including any | 1082 |
permitted discount, the interest rate or rates, which may be a | 1083 |
variable rate or rates, or the maximum interest rate, the date of | 1084 |
the obligations and the date or dates of payment of interest | 1085 |
thereon, their denominations, the manner of sale thereof, and the | 1086 |
establishment within or without the state of a place or places of | 1087 |
payment of bond service charges. The bond proceedings also shall | 1088 |
provide for a pledge of and lien on available receipts of the | 1089 |
institution of higher education as provided in division (C) of | 1090 |
this section, and a pledge of and lien on such fund or funds | 1091 |
provided in the bond proceedings arising from available receipts, | 1092 |
which pledges and liens may provide for parity with obligations | 1093 |
theretofore or thereafter issued by the institution. The available | 1094 |
receipts so pledged and thereafter received by the institution and | 1095 |
the funds so pledged are immediately subject to the lien of such | 1096 |
pledge without any physical delivery thereof or further act, and | 1097 |
the lien of any such pledge is valid and binding against all | 1098 |
parties having claims of any kind against the institution, | 1099 |
irrespective of whether such parties have notice thereof, and | 1100 |
shall create a perfected security interest for all purposes of | 1101 |
Chapter 1309. of the Revised Code, without the necessity for | 1102 |
separation or delivery of funds or for the filing or recording of | 1103 |
the bond proceedings by which such pledge is created or any | 1104 |
certificate, statement, or other document with respect thereto; | 1105 |
and the pledge of such available receipts and funds shall be | 1106 |
effective and the money therefrom and thereof may be applied to | 1107 |
the purposes for which pledged without necessity for any act of | 1108 |
appropriation. | 1109 |
(E) The bond proceedings may contain additional provisions | 1110 |
customary or appropriate to the financing or to the obligations or | 1111 |
to particular obligations, including: | 1112 |
(1) The acquisition, construction, reconstruction, equipment, | 1113 |
furnishing, improvement, operation, alteration, enlargement, | 1114 |
maintenance, insurance, and repair of facilities, and the duties | 1115 |
of the institution of higher education with reference thereto; | 1116 |
(2) The terms of the obligations, including provisions for | 1117 |
their redemption prior to maturity at the option of the | 1118 |
institution of higher education at such price or prices and under | 1119 |
such terms and conditions as are provided in the bond proceedings; | 1120 |
(3) Limitations on the purposes to which the proceeds of the | 1121 |
obligations may be applied; | 1122 |
(4) The rates or rentals or other charges for the use of or | 1123 |
right to use the facilities financed by the obligations, or other | 1124 |
properties the revenues or receipts from which are pledged to the | 1125 |
obligations, and rules for assuring use and occupancy thereof, | 1126 |
including limitations upon the right to modify such rates, | 1127 |
rentals, other charges, or regulations; | 1128 |
(5) The use and expenditure of the pledged available receipts | 1129 |
in such manner and to such extent as shall be determined, which | 1130 |
may include provision for the payment of the expenses of | 1131 |
operation, maintenance, and repair of facilities so that such | 1132 |
expenses, or part thereof, shall be paid or provided as a charge | 1133 |
prior or subsequent to the payment of bond service charges and any | 1134 |
other payments required to be made by the bond proceedings; | 1135 |
(6) Limitations on the issuance of additional obligations; | 1136 |
(7) The terms of any trust agreement or indenture securing | 1137 |
the obligations or under which the same may be issued; | 1138 |
(8) The deposit, investment, and application of funds, and | 1139 |
the safeguarding of funds on hand or on deposit without regard to | 1140 |
Chapter 131. or 135. of the Revised Code, and any bank or trust | 1141 |
company or other financial institution that acts as depository of | 1142 |
any moneys under the bond proceedings shall furnish such | 1143 |
indemnifying bonds or pledge such securities as required by the | 1144 |
bond proceedings or otherwise by the institution of higher | 1145 |
education; | 1146 |
(9) The binding effect of any or every provision of the bond | 1147 |
proceedings upon such officer, board, commission, authority, | 1148 |
agency, department, or other person or body as may from time to | 1149 |
time have the authority under law to take such actions as may be | 1150 |
necessary to perform all or any part of the duty required by such | 1151 |
provision; | 1152 |
(10) Any provision that may be made in a trust agreement or | 1153 |
indenture; | 1154 |
(11) Any other or additional agreements with respect to the | 1155 |
facilities of the institution of higher education, their | 1156 |
operation, the available receipts and funds pledged, and insurance | 1157 |
of facilities and of the institution its officers and employees. | 1158 |
(F) Such obligations may have the seal of the institution of | 1159 |
higher education or a facsimile thereof affixed thereto or printed | 1160 |
thereon and shall be executed by such officers as are designated | 1161 |
in the bond proceedings, which execution may be by facsimile | 1162 |
signatures. Any obligations may be executed by an officer who, on | 1163 |
the date of execution, is the proper officer although on the date | 1164 |
of such obligations such person was not the proper officer. In | 1165 |
case any officer whose signature or a facsimile of whose signature | 1166 |
appears on any such obligation ceases to be such officer before | 1167 |
delivery thereof, such signature or facsimile is nevertheless | 1168 |
valid and sufficient for all purposes as if the person had | 1169 |
remained such officer until such delivery; and in case the seal of | 1170 |
the institution has been changed after a facsimile of the seal has | 1171 |
been imprinted on such obligations, such facsimile seal continues | 1172 |
to be sufficient as to such obligations and obligations issued in | 1173 |
substitution or exchange therefor. | 1174 |
(G) All such obligations are negotiable instruments and | 1175 |
securities under Chapter 1308. of the Revised Code, subject to the | 1176 |
provisions of the bond proceedings as to registration. The | 1177 |
obligations may be issued in coupon or in registered form, or | 1178 |
both. Provision may be made for the registration of any | 1179 |
obligations with coupons attached thereto as to principal alone or | 1180 |
as to both principal and interest, their exchange for obligations | 1181 |
so registered, and for the conversion or reconversion into | 1182 |
obligations with coupons attached thereto of any obligations | 1183 |
registered as to both principal and interest, and for reasonable | 1184 |
charges for such registration, exchange, conversion, and | 1185 |
reconversion. | 1186 |
(H) Pending preparation of definitive obligations, the | 1187 |
institution of higher education may issue interim receipts or | 1188 |
certificates which shall be exchanged for such definitive | 1189 |
obligations. | 1190 |
(I) Such obligations may be secured additionally by a trust | 1191 |
agreement or indenture between the institution of higher education | 1192 |
and a corporate trustee, which may be any trust company or bank | 1193 |
having the powers of a trust company within or without this state | 1194 |
but authorized to exercise trust powers within this state. Any | 1195 |
such agreement or indenture may contain the resolution authorizing | 1196 |
the issuance of the obligations, any provisions that may be | 1197 |
contained in the bond proceedings as authorized by this section, | 1198 |
and other provisions which are customary or appropriate in an | 1199 |
agreement or indenture of such type, including: | 1200 |
(1) Maintenance of each pledge, trust agreement, and | 1201 |
indenture, or other instrument comprising part of the bond | 1202 |
proceedings until the institution of higher education has fully | 1203 |
paid the bond service charges on the obligations secured thereby, | 1204 |
or provision therefor has been made; | 1205 |
(2) In the event of default in any payments required to be | 1206 |
made by the bond proceedings, or any other agreement of the | 1207 |
institution of higher education made as a part of the contract | 1208 |
under which the obligations were issued, enforcement of such | 1209 |
payments or agreement by mandamus, the appointment of a receiver, | 1210 |
suit in equity, action at law, or any combination of the | 1211 |
foregoing; | 1212 |
(3) The rights and remedies of the holders of obligations and | 1213 |
of the trustee, and provisions for protecting and enforcing them, | 1214 |
including limitations on rights of individual holders of | 1215 |
obligations; | 1216 |
(4) The replacement of any obligations that become mutilated | 1217 |
or are destroyed, lost, or stolen; | 1218 |
(5) Such other provisions as the trustee and the institution | 1219 |
of higher education agree upon, including limitations, conditions, | 1220 |
or qualifications relating to any of the foregoing. | 1221 |
(J) Each duty of the institution of higher education and its | 1222 |
officers or employees, undertaken pursuant to the bond proceedings | 1223 |
or any related agreement or lease made under authority of law, is | 1224 |
hereby established as a duty of such institution, and of each such | 1225 |
officer or employee having authority to perform such duty, | 1226 |
specially enjoined by law resulting from an office, trust, or | 1227 |
station within the meaning of section 2731.01 of the Revised Code. | 1228 |
The persons who are at the time the members of the board of | 1229 |
trustees or the managing directors of the institution or its | 1230 |
officers or employees are not liable in their personal capacities | 1231 |
on such obligations, or lease, or other agreement of the | 1232 |
institution. | 1233 |
(K) The authority to issue obligations includes authority to: | 1234 |
(1) Issue obligations in the form of bond anticipation notes | 1235 |
and to renew them from time to time by the issuance of new notes. | 1236 |
Such notes are payable solely from the available receipts and | 1237 |
funds that may be pledged to the payment of such bonds, or from | 1238 |
the proceeds of such bonds or renewal notes, or both, as the | 1239 |
institution of higher education provides in its resolution | 1240 |
authorizing such notes. Such notes may be additionally secured by | 1241 |
covenants of the institution to the effect that it will do such or | 1242 |
all things necessary for the issuance of such bonds or renewal | 1243 |
notes in appropriate amount, and either exchange such bonds or | 1244 |
renewal notes therefor or apply the proceeds thereof to the extent | 1245 |
necessary, to make full payment of the bond service charges on | 1246 |
such notes at the time or times contemplated, as provided in such | 1247 |
resolution. Subject to the provisions of this division, all | 1248 |
references to obligations in this section apply to such | 1249 |
anticipation notes. | 1250 |
(2) Issue obligations to refund, including funding and | 1251 |
retirement of, obligations previously issued to pay costs of | 1252 |
facilities. Such obligations may be issued in amounts sufficient | 1253 |
for payment of the principal amount of the obligations to be so | 1254 |
refunded, any redemption premiums thereon, principal maturities of | 1255 |
any obligations maturing prior to the redemption of any other | 1256 |
obligations on a parity therewith to be so refunded, interest | 1257 |
accrued or to accrue to the maturity date or dates of redemption | 1258 |
of such obligations, and any expenses incurred or to be incurred | 1259 |
in connection with such refunding or the issuance of the | 1260 |
obligations. | 1261 |
(L) Obligations are lawful investments for banks, societies | 1262 |
for savings, savings and loan associations, deposit guarantee | 1263 |
associations, trust companies, trustees, fiduciaries, insurance | 1264 |
companies, including domestic for life and domestic not for life, | 1265 |
trustees or other officers having charge of sinking and bond | 1266 |
retirement or other special funds of political subdivisions and | 1267 |
taxing districts of this state, the commissioners of the sinking | 1268 |
fund, the administrator of workers' compensation in accordance | 1269 |
with the investment policy established by the workers' | 1270 |
compensation oversight commission pursuant to section 4121.12 of | 1271 |
the Revised Code, the state teachers retirement system, the public | 1272 |
employees retirement system, the school employees retirement | 1273 |
system, and the Ohio police and fire pension fund, notwithstanding | 1274 |
any other provisions of the Revised Code or rules adopted pursuant | 1275 |
thereto by any state agency with respect to investments by them, | 1276 |
and are also acceptable as security for the deposit of public | 1277 |
moneys. | 1278 |
(M) All facilities purchased, acquired, constructed, or owned | 1279 |
by an institution of higher education, or financed in whole or in | 1280 |
part by obligations issued by an institution, and used for the | 1281 |
purposes of the institution or other publicly owned and controlled | 1282 |
college or university, is public property used exclusively for a | 1283 |
public purpose, and such property and the income therefrom is | 1284 |
exempt from all taxation and assessment within this state, | 1285 |
including ad valorem and excise taxes. The obligations, the | 1286 |
transfer thereof, and the income therefrom, including any profit | 1287 |
made on the sale thereof, are at all times free from taxation | 1288 |
within the state. The transfer of tangible personal property by | 1289 |
lease under authority of this section or section 3345.07, 3345.11, | 1290 |
3354.121, 3355.091, 3357.112, or 3358.10 of the Revised Code is | 1291 |
not a sale as used in Chapter 5739. of the Revised Code. | 1292 |
(N) The authority granted by this section is cumulative with | 1293 |
the authority granted to institutions of higher education under | 1294 |
Chapter 154. of the Revised Code, and nothing in this section | 1295 |
impairs or limits the authority granted by Chapter 154. of the | 1296 |
Revised Code. In any lease, agreement, or commitment made by an | 1297 |
institution of higher education under Chapter 154. of the Revised | 1298 |
Code, it may agree to restrict or subordinate any pledge it may | 1299 |
thereafter make under authority of this section. | 1300 |
(O) Title to lands acquired under this section and sections | 1301 |
3345.07 and 3345.11 of the Revised Code by a state university or | 1302 |
college shall be taken in the name of the state. | 1303 |
(P) Except where costs of facilities are to be paid in whole | 1304 |
or in part from funds appropriated by the general assembly, | 1305 |
section 125.81 of the Revised Code and the requirement for | 1306 |
certification with respect thereto under section 153.04 of the | 1307 |
Revised Code do not apply to such facilities. | 1308 |
(Q) A state university or college may sell or lease lands or | 1309 |
interests in land owned by it or by the state for its use, or | 1310 |
facilities authorized to be acquired or constructed by it under | 1311 |
section 3345.07 or 3345.11 of the Revised Code, to permit the | 1312 |
purchasers or lessees thereof to acquire, construct, equip, | 1313 |
furnish, reconstruct, alter, enlarge, remodel, renovate, | 1314 |
rehabilitate, improve, maintain, repair, or maintain and operate | 1315 |
thereon and to provide by lease or otherwise to such institution, | 1316 |
facilities authorized in section 3345.07 or 3345.11 of the Revised | 1317 |
Code. Such land or interests therein shall be sold for such | 1318 |
appraised value, or leased, and on such terms as the board of | 1319 |
trustees determines. All deeds or other instruments relating to | 1320 |
such sales or leases shall be executed by such officer of the | 1321 |
state university or college as the board of trustees designates. | 1322 |
The state university or college shall hold, invest, or use the | 1323 |
proceeds of such sales or leases for the same purposes for which | 1324 |
proceeds of borrowings may be used under sections 3345.07 and | 1325 |
3345.11 of the Revised Code. | 1326 |
(R) An institution of higher education may pledge available | 1327 |
receipts, to the extent permitted by division (C) of this section | 1328 |
with respect to obligations, to secure the payments to be made by | 1329 |
it under any lease, lease with option to purchase, or | 1330 |
lease-purchase agreement authorized under this section or section | 1331 |
3345.07, 3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the | 1332 |
Revised Code. | 1333 |
Sec. 3345.17. All property, personal, real, or mixed of the | 1334 |
boards of trustees and of the housing commissions of the state | 1335 |
universities, | 1336 |
northeastern Ohio universities college of medicine, and of the | 1337 |
state held for the use and benefit of any such institution, which | 1338 |
is used for the support of such institution, is exempt from | 1339 |
taxation so long as such property is used for the support of such | 1340 |
university or college. | 1341 |
Sec. 3345.31. The boards of trustees of a state university, | 1342 |
1343 | |
the board of trustees of the northeastern Ohio universities | 1344 |
college of medicine, the board of trustees of a technical college | 1345 |
or community college district, and the board of control of the | 1346 |
Ohio agricultural research and development center may establish | 1347 |
compensation plans, including schedules of hourly rates, for the | 1348 |
compensation of all employees and may establish rules or policies | 1349 |
for the administration of their respective compensation plans. | 1350 |
The provisions of this section do not apply to employees for | 1351 |
whom the state employment relations board establishes appropriate | 1352 |
bargaining units pursuant to section 4117.06 of the Revised Code. | 1353 |
Sec. 3345.32. (A) As used in this section: | 1354 |
(1) "State university or college" means the institutions | 1355 |
described in section 3345.27 of the Revised Code | 1356 |
northeastern Ohio universities college of medicine | 1357 |
1358 |
(2) "Resident" has the meaning specified by rule of the Ohio | 1359 |
board of regents. | 1360 |
(3) "Statement of selective service status" means a statement | 1361 |
certifying one of the following: | 1362 |
(a) That the individual filing the statement has registered | 1363 |
with the selective service system in accordance with the "Military | 1364 |
Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as | 1365 |
amended; | 1366 |
(b) That the individual filing the statement is not required | 1367 |
to register with the selective service for one of the following | 1368 |
reasons: | 1369 |
(i) The individual is under eighteen or over twenty-six years | 1370 |
of age | 1371 |
(ii) The individual is on active duty with the armed forces | 1372 |
of the United States other than for training in a reserve or | 1373 |
national
guard unit | 1374 |
(iii) The individual is a nonimmigrant alien lawfully in the | 1375 |
United States in accordance with section 101 (a)(15) of the | 1376 |
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended | 1377 |
(iv) The individual is not a citizen of the United States and | 1378 |
is a permanent resident of the Trust Territory of the Pacific | 1379 |
Islands or the Northern Mariana Islands. | 1380 |
(4) "Institution of higher education" means any eligible | 1381 |
institution approved by the United States department of education | 1382 |
pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as | 1383 |
amended, or any institution whose students are eligible for | 1384 |
financial assistance under any of the programs described by | 1385 |
division (E) of this section. | 1386 |
(B) The Ohio board of regents shall, by rule, specify the | 1387 |
form of statements of selective service status to be filed in | 1388 |
compliance with divisions (C) to (F) of this section. Each | 1389 |
statement of selective service status shall contain a section | 1390 |
wherein a male student born after December 31, 1959, certifies | 1391 |
that the student has registered with the selective service system | 1392 |
in accordance with the "Military Selective Service Act," 62 Stat. | 1393 |
604, 50 U.S.C. App. 453, as amended. For those students not | 1394 |
required to register with the selective service, as specified in | 1395 |
divisions (A)(2)(b)(i) to (iv) of this section, a section shall be | 1396 |
provided on the statement of selective service status for the | 1397 |
certification of nonregistration and for an explanation of the | 1398 |
reason for the exemption. The board of regents may require that | 1399 |
such statements be accompanied by documentation specified by rule | 1400 |
of the board. | 1401 |
(C) A state university or college that enrolls in any course, | 1402 |
class, or program a male student born after December 31, 1959, who | 1403 |
has not filed a statement of selective service status with the | 1404 |
university or college shall, regardless of the student's | 1405 |
residency, charge the student any tuition surcharge charged | 1406 |
students who are not residents of this state. | 1407 |
(D) No male born after December 31, 1959, shall be eligible | 1408 |
to receive any loan, grant, scholarship, or other financial | 1409 |
assistance for educational expenses under section 3315.33, | 1410 |
3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.27, 5910.03, | 1411 |
5910.032, or 5919.34 of the Revised Code unless that person has | 1412 |
filed a statement of selective service status with that person's | 1413 |
institution of higher education. | 1414 |
(E) If an institution of higher education receives a | 1415 |
statement from an individual certifying that the individual has | 1416 |
registered with the selective service system in accordance with | 1417 |
the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App. | 1418 |
453, as amended or that the individual is exempt from registration | 1419 |
for a reason other than that the individual is under eighteen | 1420 |
years of age, the institution shall not require the individual to | 1421 |
file any further statements. If it receives a statement certifying | 1422 |
that the individual is not required to register because the | 1423 |
individual is under eighteen years of age, the institution shall | 1424 |
require the individual to file a new statement of selective | 1425 |
service status each time the individual seeks to enroll for a new | 1426 |
academic term or makes application for a new loan or loan | 1427 |
guarantee or for any form of financial assistance for educational | 1428 |
expenses, until it receives a statement certifying that the | 1429 |
individual has registered with the selective service system or is | 1430 |
exempt from registration for a reason other than that the | 1431 |
individual is under eighteen years of age. | 1432 |
Sec. 3345.50. Notwithstanding anything to the contrary in | 1433 |
sections 123.01 and 123.15 of the Revised Code, a state | 1434 |
university,
| 1435 |
community college, or the northeastern Ohio universities college | 1436 |
of medicine not certified pursuant to section 123.17 of the | 1437 |
Revised Code may administer any capital facilities project for the | 1438 |
construction, reconstruction, improvement, renovation, | 1439 |
enlargement, or alteration of a public improvement under its | 1440 |
jurisdiction for which the total amount of funds expected to be | 1441 |
appropriated by the general assembly does not exceed four million | 1442 |
dollars without the supervision, control, or approval of the | 1443 |
department of administrative services as specified in those | 1444 |
sections, if both of the following occur: | 1445 |
(A) Within sixty days after the effective date of the section | 1446 |
of an act in which the general assembly initially makes an | 1447 |
appropriation for the project, the board of trustees of the | 1448 |
institution notifies the Ohio board of regents in writing of its | 1449 |
intent to administer the capital facilities project; | 1450 |
(B) The board of trustees complies with the guidelines | 1451 |
established pursuant to section 153.16 of the Revised Code and all | 1452 |
laws that govern the selection of consultants, preparation and | 1453 |
approval of contract documents, receipt of bids, and award of | 1454 |
contracts with respect to the project. | 1455 |
The board of regents shall adopt rules in accordance with | 1456 |
Chapter 119. of the Revised Code that establish criteria for the | 1457 |
administration by any such institution of higher education of a | 1458 |
capital facilities project for which the total amount of funds | 1459 |
expected to be appropriated by the general assembly exceeds four | 1460 |
million dollars. The criteria, to be developed with the department | 1461 |
of administrative services and higher education representatives | 1462 |
selected by the board of regents, shall include such matters as | 1463 |
the adequacy of the staffing levels and expertise needed for the | 1464 |
institution to administer the project, past performance of the | 1465 |
institution in administering such projects, and the amount of | 1466 |
institutional or other nonstate money to be used in financing the | 1467 |
project. The board of regents and the department of administrative | 1468 |
services shall approve the request of any such institution of | 1469 |
higher education that seeks to administer any such capital | 1470 |
facilities project and meets the criteria set forth in the rules | 1471 |
and in the requirements of division (B) of this section. | 1472 |
Sec. 3345.51. (A) Notwithstanding anything to the contrary | 1473 |
in sections 123.01 and 123.15 of the Revised Code, a state | 1474 |
university,
| 1475 |
northeastern Ohio universities college of medicine, or a state | 1476 |
community college may administer any capital facilities project | 1477 |
for the construction, reconstruction, improvement, renovation, | 1478 |
enlargement, or alteration of a public improvement under its | 1479 |
jurisdiction for which funds are appropriated by the general | 1480 |
assembly without the supervision, control, or approval of the | 1481 |
department of administrative services as specified in those | 1482 |
sections, if all of the following occur: | 1483 |
(1) The institution is certified by the state architect under | 1484 |
section 123.17 of the Revised Code; | 1485 |
(2) Within sixty days after the effective date of the section | 1486 |
of an act in which the general assembly initially makes an | 1487 |
appropriation for the project, the board of trustees of the | 1488 |
institution notifies the Ohio board of regents in writing of its | 1489 |
request to administer the capital facilities project and the board | 1490 |
of regents approves that request pursuant to division (B) of this | 1491 |
section; | 1492 |
(3) The board of trustees passes a resolution stating its | 1493 |
intent to comply with section 153.13 of the Revised Code and the | 1494 |
guidelines established pursuant to section 153.16 of the Revised | 1495 |
Code and all laws that govern the selection of consultants, | 1496 |
preparation and approval of contract documents, receipt of bids, | 1497 |
and award of contracts with respect to the project. | 1498 |
(B) The board of regents shall adopt rules in accordance with | 1499 |
Chapter 119. of the Revised Code that establish criteria for the | 1500 |
administration by any such institution of higher education of a | 1501 |
capital facilities project for which the general assembly | 1502 |
appropriates funds. The criteria, to be developed with the | 1503 |
department of administrative services and higher education | 1504 |
representatives selected by the board of regents, shall include | 1505 |
such matters as the adequacy of the staffing levels and expertise | 1506 |
needed for the institution to administer the project, past | 1507 |
performance of the institution in administering such projects, and | 1508 |
the amount of institutional or other nonstate money to be used in | 1509 |
financing the project. The board of regents shall approve the | 1510 |
request of any such institution of higher education that seeks to | 1511 |
administer any such capital facilities project and meets the | 1512 |
criteria set forth in the rules and the requirements of division | 1513 |
(A) of this section. | 1514 |
(C) Any institution that administers a capital facilities | 1515 |
project under this section shall conduct biennial audits for the | 1516 |
duration of the project to ensure that the institution is | 1517 |
complying with Chapters 9., 123., and 153. of the Revised Code and | 1518 |
that the institution is using its certification issued under | 1519 |
section 123.17 of the Revised Code appropriately. The board of | 1520 |
regents, in consultation with higher education representatives | 1521 |
selected by the board, shall adopt rules in accordance with | 1522 |
Chapter 119. of the Revised Code that establish criteria for the | 1523 |
conduct of the audits. The criteria shall include documentation | 1524 |
necessary to determine compliance with Chapters 9., 123., and 153. | 1525 |
of the Revised Code and a method to determine whether an | 1526 |
institution is using its certification issued under section 123.17 | 1527 |
of the Revised Code appropriately. | 1528 |
(D) The board of regents, in consultation with higher | 1529 |
education representatives selected by the board, shall adopt rules | 1530 |
in accordance with Chapter 119. of the Revised Code establishing | 1531 |
criteria for monitoring capital facilities projects administered | 1532 |
by institutions under this section. The criteria shall include the | 1533 |
following: | 1534 |
(1) Conditions under which the board of regents may revoke | 1535 |
the authority of an institution to administer a capital facilities | 1536 |
project under this section, including the failure of an | 1537 |
institution to maintain a sufficient number of employees who have | 1538 |
successfully completed the certification program under section | 1539 |
123.17 of the Revised Code; | 1540 |
(2) A process for institutions to remedy any problems found | 1541 |
by an audit conducted pursuant to division (C) of this section, | 1542 |
including the improper use of state funds or violations of Chapter | 1543 |
9., 123., or 153. of the Revised Code. | 1544 |
(E) If the board of regents revokes an institution's | 1545 |
authority to administer a capital facilities project, the | 1546 |
department of administrative services shall administer the capital | 1547 |
facilities project. The board of regents also may require an | 1548 |
institution, for which the board revoked authority to administer a | 1549 |
capital facilities project, to acquire a new local administration | 1550 |
competency certification pursuant to section 123.17 of the Revised | 1551 |
Code. | 1552 |
Sec. 3345.71. As used in sections 3345.72 to 3345.77 of the | 1553 |
Revised Code: | 1554 |
(A) "State university or college" means any state university | 1555 |
listed in section 3345.011 of the Revised Code, the northeastern | 1556 |
Ohio universities
college of medicine, | 1557 |
1558 | |
Revised Code, any technical college under Chapter 3357. of the | 1559 |
Revised Code, and any state community college under Chapter 3358. | 1560 |
of the Revised Code. | 1561 |
(B) "Fiscal watch" means the existence of a fiscal watch | 1562 |
declared under section 3345.72 of the Revised Code. | 1563 |
Section 3. That existing sections 145.011, 151.04, 154.01, | 1564 |
3305.01, 3307.01, 3333.045, 3334.01, 3345.04, 3345.12, 3345.17, | 1565 |
3345.31, 3345.32, 3345.50, 3345.51, and 3345.71 and sections | 1566 |
3350.01, 3350.02, 3350.03, 3350.04, 3350.05, 3360.01, 3360.02, | 1567 |
3360.03, 3360.04, and 3360.05 of the Revised Code are hereby | 1568 |
repealed. | 1569 |
Section 4. The boards of trustees of the University of Toledo | 1570 |
and the Medical University of Ohio at Toledo are authorized to | 1571 |
enter into a memorandum of understanding regarding the combination | 1572 |
of the two institutions of higher education into a single state | 1573 |
university as prescribed by section 3364.01 of the Revised Code. | 1574 |
That memorandum may address such matters as the boards of trustees | 1575 |
of the University of Toledo and the Medical University of Ohio at | 1576 |
Toledo deem necessary and appropriate to provide for the | 1577 |
transition of the two institutions into a combined institution, | 1578 |
including, without limitation, the identification of the initial | 1579 |
president of the combined institution, the process for selection | 1580 |
of the initial chairperson of the board of trustees of the | 1581 |
combined institution, the relationship to the combined institution | 1582 |
of the existing foundations supporting the two separate | 1583 |
institutions, accounting of funds, and administration of grants. | 1584 |
Section 5. That Sections 209.63, 209.63.57, and 209.64.22 of | 1585 |
Am. Sub. H.B. 66 of the 126th General Assembly be amended to read | 1586 |
as follows: | 1587 |
Sec. 209.63. BOR BOARD OF REGENTS | 1588 |
General Revenue Fund | 1589 |
GRF | 235-321 | Operating Expenses | $ | 2,897,659 | $ | 2,966,351 | 1590 | ||||
GRF | 235-401 | Lease Rental Payments | $ | 200,619,200 | $ | 200,795,300 | 1591 | ||||
GRF | 235-402 | Sea Grants | $ | 231,925 | $ | 231,925 | 1592 | ||||
GRF | 235-406 | Articulation and Transfer | $ | 2,900,000 | $ | 2,900,000 | 1593 | ||||
GRF | 235-408 | Midwest Higher Education Compact | $ | 90,000 | $ | 90,000 | 1594 | ||||
GRF | 235-409 | Information System | $ | 1,146,510 | $ | 1,175,172 | 1595 | ||||
GRF | 235-414 | State Grants and Scholarship Administration | $ | 1,352,811 | $ | 1,382,881 | 1596 | ||||
GRF | 235-415 | Jobs Challenge | $ | 9,348,300 | $ | 9,348,300 | 1597 | ||||
GRF | 235-417 | Ohio Learning Network | $ | 3,119,496 | $ | 3,119,496 | 1598 | ||||
GRF | 235-418 | Access Challenge | $ | 73,513,302 | $ | 73,004,671 | 1599 | ||||
GRF | 235-420 | Success Challenge | $ | 52,601,934 | $ | 52,601,934 | 1600 | ||||
GRF | 235-428 | Appalachian New Economy Partnership | $ | 1,176,068 | $ | 1,176,068 | 1601 | ||||
GRF | 235-433 | Economic Growth Challenge | $ | 20,343,097 | $ | 23,186,194 | 1602 | ||||
GRF | 235-434 | College Readiness and Access | $ | 6,375,975 | $ | 7,655,425 | 1603 | ||||
GRF | 235-435 | Teacher Improvement Initiatives | $ | 2,697,506 | $ | 2,697,506 | 1604 | ||||
GRF | 235-451 | Eminent Scholars | $ | 0 | $ | 1,370,988 | 1605 | ||||
GRF | 235-455 | EnterpriseOhio Network | $ | 1,373,941 | $ | 1,373,941 | 1606 | ||||
GRF | 235-474 | Area Health Education Centers Program Support | $ | 1,571,756 | $ | 1,571,756 | 1607 | ||||
GRF | 235-501 | State Share of Instruction | $ | 1,559,096,031 | $ | 1,589,096,031 | 1608 | ||||
GRF | 235-502 | Student Support Services | $ | 795,790 | $ | 795,790 | 1609 | ||||
GRF | 235-503 | Ohio Instructional Grants | $ | 121,151,870 | $ | 92,496,969 | 1610 | ||||
GRF | 235-504 | War Orphans Scholarships | $ | 4,672,321 | $ | 4,672,321 | 1611 | ||||
GRF | 235-507 | OhioLINK | $ | 6,887,824 | $ | 6,887,824 | 1612 | ||||
GRF | 235-508 | Air Force Institute of Technology | $ | 1,925,345 | $ | 1,925,345 | 1613 | ||||
GRF | 235-510 | Ohio Supercomputer Center | $ | 4,271,195 | $ | 4,271,195 | 1614 | ||||
GRF | 235-511 | Cooperative Extension Service | $ | 25,644,863 | $ | 25,644,863 | 1615 | ||||
GRF | 235-513 | Ohio University Voinovich Center | $ | 336,082 | $ | 336,082 | 1616 | ||||
GRF | 235-515 | Case Western Reserve University School of Medicine | $ | 3,011,271 | $ | 3,011,271 | 1617 | ||||
GRF | 235-518 | Capitol Scholarship Program | $ | 125,000 | $ | 125,000 | 1618 | ||||
GRF | 235-519 | Family Practice | $ | 4,548,470 | $ | 4,548,470 | 1619 | ||||
GRF | 235-520 | Shawnee State Supplement | $ | 1,918,830 | $ | 1,822,889 | 1620 | ||||
GRF | 235-521 | The Ohio State University Glenn Institute | $ | 286,082 | $ | 286,082 | 1621 | ||||
GRF | 235-524 | Police and Fire Protection | $ | 171,959 | $ | 171,959 | 1622 | ||||
GRF | 235-525 | Geriatric Medicine | $ | 750,110 | $ | 750,110 | 1623 | ||||
GRF | 235-526 | Primary Care Residencies | $ | 2,245,688 | $ | 2,245,688 | 1624 | ||||
GRF | 235-527 | Ohio Aerospace Institute | $ | 1,764,957 | $ | 1,764,957 | 1625 | ||||
GRF | 235-530 | Academic Scholarships | $ | 7,800,000 | $ | 7,800,000 | 1626 | ||||
GRF | 235-531 | Student Choice Grants | $ | 50,853,276 | $ | 52,985,376 | 1627 | ||||
GRF | 235-534 | Student Workforce Development Grants | $ | 2,137,500 | $ | 2,137,500 | 1628 | ||||
GRF | 235-535 | Ohio Agricultural Research and Development Center | $ | 35,955,188 | $ | 35,955,188 | 1629 | ||||
GRF | 235-536 | The Ohio State University Clinical Teaching | $ | 13,565,885 | $ | 13,565,885 | 1630 | ||||
GRF | 235-537 | University of Cincinnati Clinical Teaching | $ | 11,157,756 | $ | 11,157,756 | 1631 | ||||
GRF | 235-538 | $ | 8,696,866 | $ | 8,696,866 | 1632 | |||||
GRF | 235-539 | Wright State University Clinical Teaching | $ | 4,225,107 | $ | 4,225,107 | 1633 | ||||
GRF | 235-540 | Ohio University Clinical Teaching | $ | 4,084,540 | $ | 4,084,540 | 1634 | ||||
GRF | 235-541 | Northeastern Ohio Universities College of Medicine Clinical Teaching | $ | 4,200,945 | $ | 4,200,945 | 1635 | ||||
GRF | 235-543 | Ohio College of Podiatric Medicine Clinic Subsidy | $ | 250,000 | $ | 250,000 | 1636 | ||||
GRF | 235-547 | School of International Business | $ | 450,000 | $ | 450,000 | 1637 | ||||
GRF | 235-549 | Part-time Student Instructional Grants | $ | 14,457,721 | $ | 10,534,617 | 1638 | ||||
GRF | 235-552 | Capital Component | $ | 19,058,863 | $ | 19,058,863 | 1639 | ||||
GRF | 235-553 | Dayton Area Graduate Studies Institute | $ | 2,806,599 | $ | 2,806,599 | 1640 | ||||
GRF | 235-554 | Priorities in Collaborative Graduate Education | $ | 2,355,548 | $ | 2,355,548 | 1641 | ||||
GRF | 235-555 | Library Depositories | $ | 1,696,458 | $ | 1,696,458 | 1642 | ||||
GRF | 235-556 | Ohio Academic Resources Network | $ | 3,727,223 | $ | 3,727,223 | 1643 | ||||
GRF | 235-558 | Long-term Care Research | $ | 211,047 | $ | 211,047 | 1644 | ||||
GRF | 235-561 | Bowling Green State University Canadian Studies Center | $ | 100,015 | $ | 100,015 | 1645 | ||||
GRF | 235-563 | Ohio College Opportunity Grant | $ | 0 | $ | 58,144,139 | 1646 | ||||
GRF | 235-572 | The Ohio State University Clinic Support | $ | 1,277,019 | $ | 1,277,019 | 1647 | ||||
GRF | 235-583 | Urban University Program | $ | 4,992,937 | $ | 4,992,937 | 1648 | ||||
GRF | 235-587 | Rural University Projects | $ | 1,147,889 | $ | 1,147,889 | 1649 | ||||
GRF | 235-596 | Hazardous Materials Program | $ | 360,435 | $ | 360,435 | 1650 | ||||
GRF | 235-599 | National Guard Scholarship Program | $ | 15,128,472 | $ | 16,611,063 | 1651 | ||||
GRF | 235-909 | Higher Education General Obligation Debt Service | $ | 137,600,300 | $ | 152,114,100 | 1652 | ||||
TOTAL GRF General Revenue Fund | $ | 2,469,260,757 | $ | 2,548,147,869 | 1653 |
General Services Fund Group | 1654 |
220 | 235-614 | Program Approval and Reauthorization | $ | 400,000 | $ | 400,000 | 1655 | ||||
456 | 235-603 | Sales and Services | $ | 700,000 | $ | 900,000 | 1656 | ||||
TOTAL GSF General Services | 1657 | ||||||||||
Fund Group | $ | 1,100,000 | $ | 1,300,000 | 1658 |
Federal Special Revenue Fund Group | 1659 |
3H2 | 235-608 | Human Services Project | $ | 1,500,000 | $ | 1,500,000 | 1660 | ||||
3H2 | 235-622 | Medical Collaboration Network | $ | 3,346,143 | $ | 3,346,143 | 1661 | ||||
3N6 | 235-605 | State Student Incentive Grants | $ | 2,196,680 | $ | 2,196,680 | 1662 | ||||
3T0 | 235-610 | National Health Service Corps - Ohio Loan Repayment | $ | 150,001 | $ | 150,001 | 1663 | ||||
312 | 235-609 | Tech Prep | $ | 183,850 | $ | 183,850 | 1664 | ||||
312 | 235-611 | Gear-up Grant | $ | 1,370,691 | $ | 1,370,691 | 1665 | ||||
312 | 235-612 | Carl D. Perkins Grant/Plan Administration | $ | 112,960 | $ | 112,960 | 1666 | ||||
312 | 235-615 | Professional Development | $ | 523,129 | $ | 523,129 | 1667 | ||||
312 | 235-617 | Improving Teacher Quality Grant | $ | 2,900,000 | $ | 2,900,000 | 1668 | ||||
312 | 235-619 | Ohio Supercomputer Center | $ | 6,000,000 | $ | 6,000,000 | 1669 | ||||
312 | 235-621 | Science Education Network | $ | 1,686,970 | $ | 1,686,970 | 1670 | ||||
312 | 235-631 | Federal Grants | $ | 250,590 | $ | 250,590 | 1671 | ||||
TOTAL FED Federal Special Revenue | 1672 | ||||||||||
Fund Group | $ | 20,221,014 | $ | 20,221,014 | 1673 |
State Special Revenue Fund Group | 1674 |
4E8 | 235-602 | Higher Educational Facility Commission Administration | $ | 55,000 | $ | 55,000 | 1675 | ||||
4P4 | 235-604 | Physician Loan Repayment | $ | 476,870 | $ | 476,870 | 1676 | ||||
649 | 235-607 | The Ohio State University Highway/Transportation Research | $ | 760,000 | $ | 760,000 | 1677 | ||||
682 | 235-606 | Nursing Loan Program | $ | 893,000 | $ | 893,000 | 1678 | ||||
TOTAL SSR State Special Revenue | 1679 | ||||||||||
Fund Group | $ | 2,184,870 | $ | 2,184,870 | 1680 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 2,492,766,641 | $ | 2,571,853,753 | 1681 |
Sec. 209.63.57. STATE SHARE OF INSTRUCTION | 1683 |
As soon as practicable during each fiscal year of the | 1684 |
biennium ending June 30, 2007, in accordance with instructions of | 1685 |
the Board of Regents, each state-assisted institution of higher | 1686 |
education shall report its actual enrollment to the Board of | 1687 |
Regents. | 1688 |
The Board of Regents shall establish procedures required by | 1689 |
the system of formulas set out below and for the assignment of | 1690 |
individual institutions to categories described in the formulas. | 1691 |
The system of formulas establishes the manner in which aggregate | 1692 |
expenditure requirements shall be determined for each of the three | 1693 |
components of institutional operations. In addition to other | 1694 |
adjustments and calculations described below, the subsidy | 1695 |
entitlement of an institution shall be determined by subtracting | 1696 |
from the institution's aggregate expenditure requirements income | 1697 |
to be derived from the local contributions assumed in calculating | 1698 |
the subsidy entitlements. The local contributions for purposes of | 1699 |
determining subsidy support shall not limit the authority of the | 1700 |
individual boards of trustees to establish fee levels. | 1701 |
The General Studies and Technical models shall be adjusted by | 1702 |
the Board of Regents so that the share of state subsidy earned by | 1703 |
those models is not altered by changes in the overall local share. | 1704 |
A lower-division fee differential shall be used to maintain the | 1705 |
relationship that would have occurred between these models and the | 1706 |
baccalaureate models had an assumed share of 37.5 per cent been | 1707 |
funded. | 1708 |
In defining the number of full-time equivalent (FTE) students | 1709 |
for state subsidy purposes, the Board of Regents shall exclude all | 1710 |
undergraduate students who are not residents of Ohio, except those | 1711 |
charged in-state fees in accordance with reciprocity agreements | 1712 |
made under section 3333.17 of the Revised Code or employer | 1713 |
contracts entered into under section 3333.32 of the Revised Code. | 1714 |
(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT | 1715 |
(1) INSTRUCTION AND SUPPORT SERVICES | 1716 |
MODEL | FY 2006 | FY 2007 | 1717 | |
General Studies I | $ 4,655 | $ 4,655 | 1718 | |
General Studies II | $ 5,135 | $ 5,135 | 1719 | |
General Studies III | $ 6,365 | $ 6,365 | 1720 | |
Technical I | $ 5,926 | $ 5,926 | 1721 | |
Technical III | $ 9,107 | $ 9,107 | 1722 | |
Baccalaureate I | $ 7,160 | $ 7,160 | 1723 | |
Baccalaureate II | $ 8,235 | $ 8,235 | 1724 | |
Baccalaureate III | $11,841 | $11,841 | 1725 | |
Masters and Professional I | $19,088 | $19,088 | 1726 | |
Masters and Professional II | $20,984 | $20,984 | 1727 | |
Masters and Professional III | $27,234 | $27,234 | 1728 | |
Medical I | $29,143 | $29,143 | 1729 | |
Medical II | $37,172 | $37,172 | 1730 | |
MPD I | $13,645 | $13,645 | 1731 |
(2) STUDENT SERVICES | 1732 |
For this purpose, FTE counts shall be weighted to reflect | 1733 |
differences among institutions in the numbers of students enrolled | 1734 |
on a part-time basis. The student services subsidy per FTE shall | 1735 |
be $890 in each fiscal year for all models. | 1736 |
(B) PLANT OPERATION AND MAINTENANCE (POM) | 1737 |
(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY | 1738 |
Space undergoing renovation shall be funded at the rate | 1739 |
allowed for storage space. | 1740 |
In the calculation of square footage for each campus, square | 1741 |
footage shall be weighted to reflect differences in space | 1742 |
utilization. | 1743 |
The space inventories for each campus shall be those | 1744 |
determined in the fiscal year 2003 state share of instruction | 1745 |
calculation, adjusted for changes attributable to the construction | 1746 |
or renovation of facilities for which state appropriations were | 1747 |
made or local commitments were made prior to January 1, 1995. | 1748 |
Only 50 per cent of the space permanently taken out of | 1749 |
operation in fiscal year 2006 or fiscal year 2007 that is not | 1750 |
otherwise replaced by a campus shall be deleted from the plant | 1751 |
operation and maintenance space inventory. | 1752 |
The square-foot-based plant operation and maintenance subsidy | 1753 |
for each campus shall be determined as follows: | 1754 |
(a) For each standard room type category shown below, the | 1755 |
subsidy-eligible net assignable square feet (NASF) for each campus | 1756 |
shall be multiplied by the following rates, and the amounts summed | 1757 |
for each campus to determine the total gross square-foot-based POM | 1758 |
expenditure requirement: | 1759 |
FY 2006 | FY 2007 | 1760 | ||
Classrooms | $5.86 | $5.86 | 1761 | |
Laboratories | $7.31 | $7.31 | 1762 | |
Offices | $5.86 | $5.86 | 1763 | |
Audio Visual Data Processing | $7.31 | $7.31 | 1764 | |
Storage | $2.59 | $2.59 | 1765 | |
Circulation | $7.39 | $7.39 | 1766 | |
Other | $5.86 | $5.86 | 1767 |
(b) The total gross square-foot POM expenditure requirement | 1768 |
shall be allocated to models in proportion to each campus's | 1769 |
activity-based POM weight multiplied by the two- or five-year | 1770 |
average subsidy-eligible FTEs for all models. | 1771 |
(c) The amounts allocated to models in division (B)(1)(b) of | 1772 |
this section shall be multiplied by the ratio of subsidy-eligible | 1773 |
FTE students to total FTE students reported in each model, and the | 1774 |
amounts summed for all models. To this total amount shall be added | 1775 |
an amount to support roads and grounds expenditures, which shall | 1776 |
also be multiplied by the ratio of subsidy-eligible FTE students | 1777 |
to total FTEs reported for each model. From this total amount, the | 1778 |
amounts for Doctoral I and Doctoral II shall be subtracted to | 1779 |
produce the square-foot-based POM subsidy. | 1780 |
(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY | 1781 |
(a) The number of subsidy-eligible FTE students in each model | 1782 |
shall be multiplied by the following rates for each campus for | 1783 |
each fiscal year. | 1784 |
FY 2006 | FY 2007 | 1785 | ||
General Studies I | $ 512 | $ 512 | 1786 | |
General Studies II | $ 662 | $ 662 | 1787 | |
General Studies III | $1,464 | $1,464 | 1788 | |
Technical I | $ 752 | $ 752 | 1789 | |
Technical III | $1,343 | $1,343 | 1790 | |
Baccalaureate I | $ 639 | $ 639 | 1791 | |
Baccalaureate II | $1,149 | $1,149 | 1792 | |
Baccalaureate III | $1,262 | $1,262 | 1793 | |
Masters and Professional I | $1,258 | $1,258 | 1794 | |
Masters and Professional II | $2,446 | $2,446 | 1795 | |
Masters and Professional III | $3,276 | $3,276 | 1796 | |
Medical I | $1,967 | $1,967 | 1797 | |
Medical II | $3,908 | $3,908 | 1798 | |
MPD I | $1,081 | $1,081 | 1799 |
(b) The sum of the products for each campus determined in | 1800 |
division (B)(2)(a) of this section for all models except Doctoral | 1801 |
I and Doctoral II for each fiscal year shall be weighted by a | 1802 |
factor to reflect sponsored research activity and job | 1803 |
training-related public services expenditures to determine the | 1804 |
total activity-based POM subsidy. | 1805 |
(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS | 1806 |
(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS | 1807 |
The calculation of the core subsidy entitlement shall consist | 1808 |
of the following components: | 1809 |
(a) For each campus in each fiscal year, the core subsidy | 1810 |
entitlement shall be determined by multiplying the amounts listed | 1811 |
above in divisions (A)(1) and (2) and (B)(2) of this section less | 1812 |
assumed local contributions, by (i) average subsidy-eligible FTEs | 1813 |
for the two-year period ending in the prior year for all models | 1814 |
except Doctoral I and Doctoral II; and (ii) average | 1815 |
subsidy-eligible FTEs for the five-year period ending in the prior | 1816 |
year for all models except Doctoral I and Doctoral II. | 1817 |
(b) In calculating the core subsidy entitlements for Medical | 1818 |
II models only, the Board of Regents shall use the following count | 1819 |
of FTE students: | 1820 |
(i) For those medical schools whose current year enrollment, | 1821 |
including students repeating terms, is below the base enrollment, | 1822 |
the Medical II FTE enrollment shall equal: 65 per cent of the base | 1823 |
enrollment plus 35 per cent of the current year enrollment | 1824 |
including students repeating terms, where the base enrollment is: | 1825 |
The Ohio State University | 1010 | 1826 | |||
University of Cincinnati | 833 | 1827 | |||
650 | 1828 | ||||
Wright State University | 433 | 1829 | |||
Ohio University | 433 | 1830 | |||
Northeastern Ohio Universities College of Medicine | 433 | 1831 |
(ii) For those medical schools whose current year enrollment, | 1832 |
excluding students repeating terms, is equal to or greater than | 1833 |
the base enrollment, the Medical II FTE enrollment shall equal the | 1834 |
base enrollment plus the FTE for repeating students. | 1835 |
(iii) Students repeating terms may be no more than five per | 1836 |
cent of current year enrollment. | 1837 |
(c) The Board of Regents shall compute the sum of the two | 1838 |
calculations listed in division (C)(1)(a) of this section and use | 1839 |
the greater sum as the core subsidy entitlement. | 1840 |
The POM subsidy for each campus shall equal the greater of | 1841 |
the square-foot-based subsidy or the activity-based POM subsidy | 1842 |
component of the core subsidy entitlement. | 1843 |
(d) The state share of instruction provided for doctoral | 1844 |
students shall be based on a fixed percentage of the total | 1845 |
appropriation. In each fiscal year of the biennium not more than | 1846 |
10.34 per cent of the total state share of instruction shall be | 1847 |
reserved to implement the recommendations of the Graduate Funding | 1848 |
Commission. It is the intent of the General Assembly that the | 1849 |
doctoral reserve not exceed 10.34 per cent of the total state | 1850 |
share of instruction to implement the recommendations of the | 1851 |
Graduate Funding Commission. The Board of Regents may reallocate | 1852 |
up to two per cent in each fiscal year of the reserve among the | 1853 |
state-assisted universities on the basis of a quality review as | 1854 |
specified in the recommendations of the Graduate Funding | 1855 |
Commission. No such reallocation shall occur unless the Board of | 1856 |
Regents, in consultation with representatives of state-assisted | 1857 |
universities, determines that sufficient funds are available for | 1858 |
this purpose. | 1859 |
The amount so reserved shall be allocated to universities in | 1860 |
proportion to their share of the total number of Doctoral I | 1861 |
equivalent FTEs as calculated on an institutional basis using the | 1862 |
greater of the two-year or five-year FTEs for the period fiscal | 1863 |
year 1994 through fiscal year 1998 with annualized FTEs for fiscal | 1864 |
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as | 1865 |
adjusted to reflect the effects of doctoral review and subsequent | 1866 |
changes in Doctoral I equivalent enrollments. For the purposes of | 1867 |
this calculation, Doctoral I equivalent FTEs shall equal the sum | 1868 |
of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs. | 1869 |
If a university participates in the Innovation Incentive | 1870 |
Program outlined in appropriation item 235-433, Economic Growth | 1871 |
Challenge, then the Board of Regents shall withhold 1.5 per cent | 1872 |
in fiscal year 2006 and three per cent in fiscal year 2007 of the | 1873 |
participating university's allocation of the doctoral reserve. | 1874 |
This withholding is intended to increase incrementally with a goal | 1875 |
of setting aside 15 per cent of the total doctoral reserve by | 1876 |
fiscal year 2016. | 1877 |
The Board of Regents shall use the combined amount of each | 1878 |
participating state-assisted university's set aside of the | 1879 |
doctoral reserve that has been withheld, the state matching funds | 1880 |
earmarked under appropriation item 235-433, Economic Growth | 1881 |
Challenge, and the amount set aside by each accredited Ohio | 1882 |
institution of higher education holding a certificate of | 1883 |
authorization under section 1713.02 of the Revised Code electing | 1884 |
to participate in the Innovation Incentive Program to make awards | 1885 |
through a competitive process under the Innovation Incentive | 1886 |
Program. Only universities electing to set aside the prescribed | 1887 |
amount shall be eligible to compete for and receive Innovation | 1888 |
Incentive awards. The participating universities shall use these | 1889 |
awards to restructure their array of doctoral programs. | 1890 |
(2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING STOP LOSS | 1891 |
In addition to and after the other adjustment noted above, in | 1892 |
each fiscal year, no campus shall receive a state share of | 1893 |
instruction allocation that is less than 97 per cent of the prior | 1894 |
year's state share of instruction amount. | 1895 |
(3) REDUCTIONS IN EARNINGS | 1896 |
If the total state share of instruction earnings in any | 1897 |
fiscal year exceeds the total appropriations available for such | 1898 |
purposes, the Board of Regents shall proportionately reduce the | 1899 |
state share of instruction earnings for all campuses by a uniform | 1900 |
percentage so that the system wide sum equals available | 1901 |
appropriations. | 1902 |
(4) CAPITAL COMPONENT DEDUCTION | 1903 |
After all other adjustments have been made, state share of | 1904 |
instruction earnings shall be reduced for each campus by the | 1905 |
amount,
if any, by which debt service
charged in Am. H.B. | 1906 |
of the
121st General Assembly, Am. Sub. H.B.
| 1907 |
General
Assembly, Am. Sub. H.B. | 1908 |
Assembly, | 1909 |
Sub. H.B. 16 of the 126th General Assembly for that campus exceeds | 1910 |
that campus's capital component earnings. The sum of the amounts | 1911 |
deducted shall be transferred to appropriation item 235-552, | 1912 |
Capital Component, in each fiscal year. | 1913 |
(D) EXCEPTIONAL CIRCUMSTANCES | 1914 |
Adjustments may be made to the state share of instruction | 1915 |
payments and other subsidies distributed by the Board of Regents | 1916 |
to state-assisted colleges and universities for exceptional | 1917 |
circumstances. No adjustments for exceptional circumstances may be | 1918 |
made without the recommendation of the Chancellor and the approval | 1919 |
of the Controlling Board. | 1920 |
(E) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF | 1921 |
INSTRUCTION | 1922 |
The standard provisions of the state share of instruction | 1923 |
calculation as described in the preceding sections of temporary | 1924 |
law shall apply to any reductions made to appropriation item | 1925 |
235-501, State Share of Instruction, before the Board of Regents | 1926 |
has formally approved the final allocation of the state share of | 1927 |
instruction funds for any fiscal year. | 1928 |
Any reductions made to appropriation item 235-501, State | 1929 |
Share of Instruction, after the Board of Regents has formally | 1930 |
approved the final allocation of the state share of instruction | 1931 |
funds for any fiscal year, shall be uniformly applied to each | 1932 |
campus in proportion to its share of the final allocation. | 1933 |
(F) DISTRIBUTION OF STATE SHARE OF INSTRUCTION | 1934 |
The state share of instruction payments to the institutions | 1935 |
shall be in substantially equal monthly amounts during the fiscal | 1936 |
year, unless otherwise determined by the Director of Budget and | 1937 |
Management pursuant to section 126.09 of the Revised Code. | 1938 |
Payments during the first six months of the fiscal year shall be | 1939 |
based upon the state share of instruction appropriation estimates | 1940 |
made for the various institutions of higher education according to | 1941 |
Board of Regents enrollment estimates. Payments during the last | 1942 |
six months of the fiscal year shall be distributed after approval | 1943 |
of the Controlling Board upon the request of the Board of Regents. | 1944 |
(G) LAW SCHOOL SUBSIDY | 1945 |
The state share of instruction to state-supported | 1946 |
universities for students enrolled in law schools in fiscal year | 1947 |
2006 and fiscal year 2007 shall be calculated by using the number | 1948 |
of subsidy-eligible FTE law school students funded by state | 1949 |
subsidy in fiscal year 1995 or the actual number of | 1950 |
subsidy-eligible FTE law school students at the institution in the | 1951 |
fiscal year, whichever is less. | 1952 |
(H) FUNDS REQUIRING CONTROLLING BOARD APPROVAL | 1953 |
Of the foregoing appropriation item 235-501, State Share of | 1954 |
Instruction, $30,000,000 in fiscal year 2007 shall not be | 1955 |
disbursed without approval of the Controlling Board. Within ten | 1956 |
days after the issuance of the report of the Higher Education | 1957 |
Funding Study Council required by Section 209.63.58 of | 1958 |
Am. Sub. H.B. 66 of the 126th General Assembly, the Board of | 1959 |
Regents shall seek the Controlling Board's approval to disburse | 1960 |
the $30,000,000 appropriation. | 1961 |
Sec. 209.64.22. STATE UNIVERSITY CLINICAL TEACHING | 1962 |
The foregoing appropriation items 235-536, The Ohio State | 1963 |
University Clinical Teaching; 235-537, University of Cincinnati | 1964 |
Clinical Teaching; 235-538, | 1965 |
Clinical Teaching; 235-539, Wright State University Clinical | 1966 |
Teaching; 235-540, Ohio University Clinical Teaching; and 235-541, | 1967 |
Northeastern Ohio Universities College of Medicine Clinical | 1968 |
Teaching, shall be distributed through the Board of Regents. | 1969 |
Of the foregoing appropriation item 235-539, Wright State | 1970 |
University Clinical Teaching, $124,644 in each fiscal year of the | 1971 |
biennium shall be for the use of Wright State University's Ellis | 1972 |
Institute for Clinical Teaching Studies to operate the clinical | 1973 |
facility to serve the Greater Dayton area. | 1974 |
The Board of Regents, in consultation with representatives of | 1975 |
each of the six state-assisted colleges of medicine, shall study | 1976 |
and propose recommendations for a formula to allocate | 1977 |
appropriations for clinical teaching support. The consultation | 1978 |
shall consider factors that reward medical schools for serving | 1979 |
Ohio's health care needs in an equitable and efficient manner. | 1980 |
Recommendations shall be submitted to the Office of Budget and | 1981 |
Management and the General Assembly for consideration by November | 1982 |
15, 2006. A new method, approved by the Office of Budget and | 1983 |
Management and the General Assembly, shall be implemented in | 1984 |
fiscal years 2008 and 2009 for distributing funds for clinical | 1985 |
teaching support. | 1986 |
Section 6. That existing Sections 209.63, 209.63.57, and | 1987 |
209.64.22 of Am. Sub. H.B. 66 of the 126th General Assembly are | 1988 |
hereby repealed. | 1989 |
Section 7. The combination of the Medical University of Ohio | 1990 |
at Toledo and the University of Toledo into the combined | 1991 |
University of Toledo by this act does not change the status of any | 1992 |
employee of either university in the Public Employees Retirement | 1993 |
System. It is the intent of the General Assembly in amending | 1994 |
section 145.011 of the Revised Code to ensure continued membership | 1995 |
in the Public Employees Retirement System for nonteaching | 1996 |
employees of the former Medical University of Ohio at Toledo and | 1997 |
not to add to the category of employees eligible for membership in | 1998 |
the system. | 1999 |
Section 8. Sections 1, 2, 3, 5, 6, and 7 of this act take | 2000 |
effect July 1, 2006. Section 4 of this act shall take effect on | 2001 |
the earliest date permitted by law. | 2002 |