As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 359


Senator Sawyer 

Cosponsors: Senators Tavares, Seitz, Lehner, Turner, Brown, Schiavoni, Kearney 



A BILL
To enact sections 3333.072 and 3345.38 of the Revised 1
Code and to amend sections 205.30, 205.39.10, and 2
205.39.30 of Sub. H.B. 482 of the 129th General 3
Assembly to limit state university overload fees 4
and to make an appropriation.5


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

       Section 1. That sections 3333.072 and 3345.38 of the Revised 6
Code be enacted to read as follows:7

       Sec. 3333.072.  The chancellor of the Ohio board of regents, 8
after consulting with the state colleges and universities and with 9
the office of budget and management, shall adopt rules in 10
accordance with Chapter 119. of the Revised Code to govern the 11
allocation of state capital appropriations to state colleges and 12
universities. In drafting the rules, the chancellor shall 13
incorporate the recommendations of the final report of the 14
commission to study higher education debt service, issued June 28, 15
1994, as these recommendations have been utilized and modified in 16
procedures developed by the chancellor and the office of budget 17
and management since the report was issued.18

       Sec. 3345.38. (A) As used in this section:19

       (1) "Credit plateau" means the maximum number of credits a 20
state university or college allows to be taken in a full course 21
load.22

       (2) "Full course load" shall be defined by the board of 23
trustees of each state university or college.24

        (3) "Overload fee" means a fee or increased tuition rate 25
charged to students who take credit hours in excess of a full 26
course load.27

        (4) "State university or college" has the same meaning as in 28
section 3345.12 of the Revised Code.29

       (5) "Tuition" means the amount a state university or college 30
charges a student to take a full course load.31

        (B) No state university or college shall charge an overload 32
fee that is greater than the quotient of the state university or 33
college's tuition divided by its credit plateau.34

       (C) No state university or college shall increase or create 35
any other fee it charges students to offset the limitation set by 36
this section on overload fees.37

       Section 2. That sections 205.30, 205.39.10, and 205.39.30 of 38
Sub. H.B. 482 of the 129th General Assembly be amended to read as 39
follows:40

Appropriations

       Sec. 205.30. BOARD OF REGENTS AND STATE INSTITUTIONS OF 41
HIGHER EDUCATION42

BOR BOARD OF REGENTS
43

C23501 Ohio Supercomputer Center $ 2,000,000 44
C23502 Research Facility Action and Investment Funds $ 3,925,000 45
C23516 Ohio Library and Information Network $ 9,000,000 46
C23524 Supplemental Renovations - Library Depositories $ 2,000,000 47
C23529 Non-credit Job Training Facilities $ 2,000,000 48
C23530 Technology Initiatives $ 3,075,000 49
C23532 Dark Fiber/OARnet $ 2,000,000 50
C23533 Instructional and Data Processing Equipment $ 7,000,000 51
C23549 Supplemental Capital Funding $ 31,500,000 52
Total Board of Regents $ 31,000,000 62,500,000 53

       SUPPLEMENTAL CAPITAL FUNDING54

       The foregoing appropriation item C23549, Supplemental Capital 55
Funding, shall be used to provide supplemental capital funding to 56
state-assisted universities, based on rules adopted pursuant to 57
section 3333.072 of the Revised Code. Funds shall be used for 58
deferred maintenance resulting from decreased overload fee 59
revenue.60

Appropriations

       Sec. 205.39.10. STC STARK TECHNICAL COLLEGE61

C38918 Energy Industry Training Center $ 9,000,000 62
Total Stark Technical College $ 9,000,000 63
Total Board of Regents and 64
Institutions of Higher Education $ 366,196,000 397,696,000 65
TOTAL Higher Education Improvement Fund $ 369,758,434 401,258,434 66


       Sec. 205.39.30.  The Ohio Public Facilities Commission is 68
hereby authorized to issue and sell, in accordance with Section 2n 69
of Article VIII, Ohio Constitution, and Chapter 151. and 70
particularly sections 151.01 and 151.04 of the Revised Code, 71
original obligations in an aggregate principal amount not to 72
exceed $415,000,000$447,000,000, in addition to the original 73
issuance of obligations heretofore authorized by prior acts of the 74
General Assembly. These authorized obligations shall be issued, 75
subject to applicable constitutional and statutory limitations, to 76
pay costs of capital facilities as defined in sections 151.01 and 77
151.04 of the Revised Code for state-supported and state-assisted 78
institutions of higher education.79

       Section 3. That existing sections 205.30, 205.39.10, and 80
205.39.30 of Sub. H.B. 482 of the 129th General Assembly are 81
hereby repealed.82