As Reported by the Senate State and Local Government and Veterans Affairs Committee

127th General Assembly
Regular Session
2007-2008
Sub. H. B. No. 266


Representative Huffman 

Cosponsors: Representatives Zehringer, Stebelton, Evans, McGregor, J., Goodwin, Setzer, Seitz, Aslanides, Combs, Domenick, Fessler, Newcomb, Otterman, J., Reinhard, Ujvagi, Widowfield, Daniels, Hughes, Koziura, Patton, Schlichter, Schneider, Yuko 

A BILL
To amend sections 345.08 and 3354.26 of the Revised 1
Code and to amend Section 201.50 of H.B. 496 of 2
the 127th General Assembly, as subsequently 3
amended, to enable more flexible composition of 4
veterans memorial boards of trustees, to 5
establish corrective action grants for school 6
facilities projects, to make a capital 7
appropriation, and to modify the relationship 8
between Rio Grande Community College and the 9
University of Rio Grande.10


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 345.08 and 3354.26 of the Revised 11
Code be amended to read as follows:12

       Sec. 345.08.  Within five days after the certification to the 13
taxing authority of the result of an election held under sections 14
345.02 to 345.05 of the Revised Code, provided a majority of the 15
votes cast on the proposal submitted are in favor of such 16
proposal, or within five days after adoption by the taxing 17
authority of an ordinance or resolution to authorize the issuance 18
of any such bonds without a vote of the electors, the taxing 19
authority of the township or county, or the mayor of the municipal 20
corporation shall appoint a board of trustees, consisting of at 21
least five but not more than eleven members, which shall, at all 22
times, be so constituted that at least sevena majority of its 23
members are honorably discharged veterans of the armed forces of 24
the United States, having served in one or more wars in which the 25
United States was a belligerent. Not more than six members of the 26
board shall be from the same political party. FiveA majority of 27
such trustees shall be appointed for three years and sixthe 28
remaining trustees shall be appointed for five years, and 29
thereafter, on the expiration of the original term, appointments 30
shall be made for terms of five years. Appointments to fill 31
vacancies shall be for the unexpired term.32

       Sec. 3354.26. (A) Notwithstanding the provisions in section 33
3354.07 and division (A) of section 3354.09 of the Revised Code, 34
which allow the board of trustees of a community college district 35
to contract with a generally accredited public university or 36
college for operation of such community college, the board of 37
trustees of the Rio Grande community college district and the 38
board of trustees of the university of Rio Grande, a private 39
nonprofit corporation also located in Rio Grande, Ohio, may enter 40
into a contract for the board of trustees of the university of Rio 41
Grande to provide for operation of the community college. The42
Provided that the terms and conditions are approved by the Ohio 43
ethics commission and the controlling board, the community 44
college may enter into a contract to employ a person to serve as 45
president of the community college, and also may have that 46
person serve as president of the university as established by 47
the contract entered into pursuant to this section. The salary, 48
benefits, and other compensation for any such employee for all 49
duties shall be determined and paid solely by the community 50
college.51

       (B)(1) The board of trustees of the community college may, 52
along with the university, enter into a contract with a nonprofit 53
organization, established for educational purposes related to both 54
the community college and the university, to hire administrative 55
officers or employees, not including the president as provided for 56
in division (A) of this section and the treasurer, to be shared by 57
the community college and university.58

       (2) Membership on the governing board of a nonprofit 59
organization, established for educational purposes related to both 60
the community college and the university, and membership on the 61
board of trustees of the Rio Grande community college district 62
does not create a conflict of interest under Chapter 102. of the 63
Revised Code. A contract between such nonprofit organization board 64
and community college board does not create an unlawful interest 65
in a public contract under section 2921.42 of the Revised Code for 66
a person serving on both boards.67

       Section 2. That existing sections 345.08 and 3354.26 of the 68
Revised Code are hereby repealed.69

       Section 3.  That Section 201.50 of H.B. 496 of the 127th 70
General Assembly, as amended by Am. Sub. H.B. 562 of the 127th 71
General Assembly, be amended to read as follows:72

       Sec. 201.50.  All items set forth in this section are hereby 73
appropriated out of any moneys in the state treasury to the credit 74
of the School Building Program Assistance Fund (Fund 7032) that 75
are not otherwise appropriated: 76

Reappropriations

SFC SCHOOL FACILITIES COMMISSION
77

C23002 School Building Program Assistance $ 3,572,253,121 3,547,253,121 78
C23005 Exceptional Needs $ 28,504,951 79
C23010 Vocation Facilities Assistance Program $ 11,115,616 80
C23011 Corrective Action Grants $ 25,000,000 81
Total School Facilities Commission $ 3,611,873,688 82
TOTAL School Building Program Assistance Fund $ 3,611,873,688 83

       CONSTRUCTION OF NEW BLIND AND DEAF SCHOOLS84

       Of the foregoing appropriation item C23002, School Building 85
Program Assistance, $37,080,000 shall be used for constructing new 86
facilities, or renovating existing facilities, or both, on the 87
current campuses of the Ohio State School for the Blind and the 88
Ohio School for the Deaf. Notwithstanding sections 123.01 and 89
123.15 of the Revised Code and in addition to its powers under 90
Chapter 3318. of the Revised Code, the Ohio School Facilities 91
Commission shall administer the project pursuant to the memorandum 92
of understanding that the Ohio State School for the Blind, the 93
Ohio School for the Deaf, and the Ohio School Facilities 94
Commission signed on October 31, 2007. The project shall comply 95
to the fullest extent possible with the specifications and 96
policies set forth in the Ohio School Facilities Design Manual and 97
shall not be considered a part of any program created under 98
Chapter 3318. of the Revised Code. As agreed to by the parties in 99
the memorandum of understanding, $37,080,000 is sufficient to 100
complete the construction or renovation of the facilities needed 101
for the education of both the deaf and blind student communities 102
and additional appropriations will not be required. Upon issuance 103
by the Commission of a certificate of completion of the project, 104
the Commission's participation in the project shall end.105

       The Executive Director of the Ohio School Facilities 106
Commission shall comply with the procedures and guidelines 107
established in Chapter 153. of the Revised Code. Upon the release 108
of funds for the project by the Controlling Board or the Director 109
of Budget and Management, the Commission may administer the 110
project without the supervision, control, or approval of the 111
Director of Administrative Services. Any references to the 112
Director of Administrative Services in the Revised Code, with 113
respect to the administration of the project, shall be read as if 114
they referred to the Director of the Ohio School Facilities 115
Commission.116

       CORRECTIVE ACTION GRANTS117

       The foregoing appropriation item C23011, Corrective Action 118
Grants, may be used to provide funding to bring facilities up to 119
Ohio School Design Manual standards for a project funded pursuant 120
to sections 3318.01 to 3318.20 or 3318.40 to 3318.45 of the 121
Revised Code for the correction of work found during or after 122
project close-out to be defective, or for the remediation of work 123
found during or after project close-out to be omitted. Funding 124
shall only be provided for work if the impacted school district 125
notifies the Executive Director of the Ohio School Facilities 126
Commission within five years of project close-out. The Commission 127
may provide funding assistance necessary to take corrective 128
measures after evaluating defective or omitted work. If the work 129
to be corrected or remediated is part of a project not yet 130
completed, the Commission may amend the project agreement to 131
increase the project budget and use corrective action funding to 132
provide the local share of the amendment. If the work to be 133
corrected or remediated was part of a completed project and funds 134
were retained or transferred pursuant to division (C) of section 135
3318.12 of the Revised Code, the Commission may enter into a new 136
agreement to address the necessary corrective action. The 137
Commission shall assess responsibility for the defective or 138
omitted work and seek cost recovery from responsible parties, if 139
applicable. Any funds recovered shall be deposited into the School 140
Building Program Assistance Fund (Fund 7032).141

       Section 4.  That existing Section 201.50 of H.B. 496 of the 142
127th General Assembly, as amended by Am. Sub. H.B. 562 of the 143
127th General Assembly, is hereby repealed.144