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(123rd General Assembly)(Substitute House Bill Number 220)
AN ACT
To amend sections 9.38, 133.06, 135.12,
3313.31, 3313.37, 3313.375, and 3313.46
and to enact
section 3313.291 of the Revised Code
to permit
school districts to establish petty cash accounts to be accessed
by district officials by check or debit card,
to change the time period for local
public officials to deposit
public moneys,
to decrease the frequency with which subdivisions must designate their public
depositories, to permit subdivisions to change the designated depositories
under certain circumstances, to exempt school-district-issued securities from
debt limits to the extent certain payments in lieu of taxes are pledged to
repaying the securities, to require
school boards
to advertise for bids for construction contracts at least two
consecutive weeks instead of
four consecutive weeks, to modify the terms of school district lease-purchase
agreements for buildings, and to permit joint vocational school districts to
enter into such agreements.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 9.38, 133.06, 135.12,
3313.31, 3313.37, 3313.375, and 3313.46
be
amended and section 3313.291 of the Revised Code be
enacted to read as follows:
Sec. 9.38. As used in this section and section 9.39 of the
Revised Code, "color: (1) "Color of office," "public office," and "public
official" have the same meanings as in section 117.01 of the
Revised Code. (2) "Legislative authority" means a board of county
commissioners, a board of township trustees, the legislative authority of a
municipal corporation, or
the board of education of a school district. A person who is a state officer, employee, or agent shall pay to the
treasurer of state all public moneys received by him that person
as required
by rule of the treasurer of state adopted pursuant to section
113.09 of the Revised Code. A person who is a public official other
than a state
officer, employee, or agent shall deposit all public moneys
received by him that person with the treasurer of the public
office or properly designated depository once every twenty-four consecutive
hours
ON THE BUSINESS DAY NEXT FOLLOWING THE DAY OF RECEIPT, IF THE TOTAL AMOUNT
OF
SUCH MONEYS RECEIVED EXCEEDS one thousand DOLLARS. IF THE TOTAL AMOUNT OF THE
PUBLIC MONEYS SO RECEIVED DOES NOT EXCEED one thousand DOLLARS, the PERSON
SHALL DEPOSIT THE MONEYS ON THE BUSINESS DAY NEXT FOLLOWING THE DAY OF
RECEIPT,
UNLESS THE PUBLIC OFFICE OF WHICH THAT PERSON IS A PUBLIC OFFICIAL ADOPTS A
POLICY PERMITTING A DIFFERENT TIME PERIOD, NOT TO EXCEED three BUSINESS DAYS
next following the day of receipt,
FOR MAKING SUCH DEPOSITS, AND the person IS ABLE TO SAFEGUARD THE MONEYS UNTIL
SUCH TIME
AS THE moneys ARE DEPOSITED. The POLICY SHALL INCLUDE PROVISIONS AND
PROCEDURES TO
SAFEGUARD THE PUBLIC MONEYS UNTIL THEY ARE DEPOSITED. If the public office of
which the person is a public official is governed by a legislative authority,
only the legislative authority may adopt such a policy;
in the case of a board of
county commissioners, the board may adopt such a policy with respect to public
offices under the board's
direct supervision and the offices of the prosecuting attorney, sheriff,
coroner, county engineer, county
recorder, county auditor, county treasurer, or clerk of the court
of common pleas. If a
person who is a public official receives public moneys for
a public
office of which he that person is not a public official,
he that person shall, during the
first business day of the next week, pay to the proper public
official of the proper public office the moneys so received
during the current week. Sec. 133.06. (A) A school district shall not incur,
without a vote of the electors, net indebtedness that exceeds an
amount equal to one-tenth of one per cent of its tax valuation,
except as provided in divisions (G) and (H)
of this section and
in division (C) of section 3313.372 of the Revised Code. (B) Except as provided in divisions (E) and (F) of this
section, a school district shall not incur net indebtedness that
exceeds an amount equal to nine per cent of its tax valuation. (C) A school district shall not submit to a vote of the
electors the question of the issuance of securities in an amount
that will make the district's net indebtedness after the issuance
of the securities exceed an amount equal to four per cent of its
tax valuation, unless the superintendent of public instruction,
acting under policies adopted by the state board of education,
and the tax commissioner, acting under written policies of the
commissioner, consent to the submission. A request for the
consents shall be made at least thirty days prior to the election
at which the question is to be submitted, except that the
superintendent of public instruction and the tax commissioner may
waive this thirty-day deadline or grant their consents after the
election if the school district shows good cause for such waiver
or consent after the election. (D) In calculating the net indebtedness of a school
district, none of the following shall be considered: (1) Securities issued to acquire school buses and other
equipment used in transporting pupils or issued pursuant to
division (D) of section 133.10 of the Revised Code; (2) Securities issued under division (F) of this section,
under section 133.301 of the Revised Code, and, to the extent in
excess of the limitation stated in division (B) of this section,
under division (E) of this section; (3) Indebtedness resulting from the dissolution of a joint
vocational school district under section 3311.217 of the Revised
Code, evidenced by outstanding securities of that joint
vocational school district; (4) Loans, evidenced by any securities, received under
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the
Revised Code; (5) Debt incurred under section 3313.374 of the Revised Code; (6) Debt incurred pursuant to division (B)(5) of
section 3313.37 of the Revised Code to acquire computers and related hardware. (E) A school district may become a special needs district
as to certain securities as provided in division (E) of this
section. (1) A board of education, by resolution, may declare its
school district to be a special needs district by determining
both of the following: (a) The student population is not being adequately
serviced by the existing permanent improvements of the district. (b) The district cannot obtain sufficient funds by the
issuance of securities within the limitation of division (B) of
this section to provide additional or improved needed permanent
improvements in time to meet the needs. (2) The board of education shall certify a copy of that
resolution to the superintendent of public instruction with a
statistical report showing all of the following: (a) A history of and a projection of the growth of the
student population; (b) The history of and a projection of the growth of the
tax valuation; (c) The projected needs; (d) The estimated cost of permanent improvements proposed
to meet such projected needs. (3) The superintendent of public instruction shall certify
the district as an approved special needs district if the
superintendent finds both of the following: (a) The district does not have available sufficient
additional funds from state or federal sources to meet the
projected needs. (b) The projection of the potential average growth of tax
valuation during the next five years, according to the
information certified to the superintendent and any other
information the superintendent obtains, indicates a likelihood of
potential average growth of tax valuation of the district during
the next five years of an average of not less than three per cent
per year. The findings and certification of the superintendent
shall be conclusive. (4) An approved special needs district may incur net
indebtedness by the issuance of securities in accordance with the
provisions of this chapter in an amount that does not exceed an
amount equal to the greater of the following: (a) Nine per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage by which the tax valuation has increased over the
tax valuation on the first day of the sixtieth month preceding
the month in which its board determines to submit to the electors
the question of issuing the proposed securities; (b) Nine per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage, determined by the superintendent of public
instruction, by which that tax valuation is projected to increase
during the next ten years. (F) A school district may issue securities for emergency
purposes, in a principal amount that does not exceed an amount
equal to three per cent of its tax valuation, as provided in this
division. (1) A board of education, by resolution, may declare an
emergency if it determines both of the following: (a) School buildings or other necessary school facilities
in the district have been wholly or partially destroyed, or
condemned by a constituted public authority, or that such
buildings or facilities are partially constructed, or so
constructed or planned as to require additions and improvements
to them before the buildings or facilities are usable for their
intended purpose, or that corrections to permanent improvements
are necessary to remove or prevent health or safety hazards. (b) Existing fiscal and net indebtedness limitations make
adequate replacement, additions, or improvements impossible. (2) Upon the declaration of an emergency, the board of
education may, by resolution, submit to the electors of the
district pursuant to section 133.18 of the Revised Code the
question of issuing securities for the purpose of paying the
cost, in excess of any insurance or condemnation proceeds
received by the district, of permanent improvements to respond to
the emergency need. (3) The procedures for the election shall be as provided
in section 133.18 of the Revised Code, except that: (a) The form of the ballot shall describe the emergency
existing, refer to this division as the authority under which the
emergency is declared, and state that the amount of the proposed
securities exceeds the limitations prescribed by division (B) of
this section; (b) The resolution required by division (B) of section
133.18 of the Revised Code shall be certified to the county
auditor and the board of elections at least seventy-five days
prior to the election; (c) The county auditor shall advise and, not later than
sixty-five days before the election, confirm that advice by
certification to, the board of education of the information
required by division (C) of section 133.18 of the Revised Code; (d) The board of education shall then certify its
resolution and the information required by division (D) of
section 133.18 of the Revised Code to the board of elections not
less than sixty days prior to the election. (4) Notwithstanding division (B) of section 133.21 of the
Revised Code, the first principal payment of securities issued
under this division may be set at any date not later than sixty
months after the earliest possible principal payment otherwise
provided for in that division. (G) The board of education may contract with an architect,
professional engineer, or other person experienced in the design
and implementation of energy conservation measures for an
analysis and recommendations pertaining to installations,
modifications of installations, or remodeling that would
significantly reduce energy consumption in buildings owned by the
district. The report shall include estimates of all costs of
such installations, modifications, or remodeling, including costs
of design, engineering, installation, maintenance, repairs, and
debt service, and estimates of the amounts by which energy
consumption and resultant operational and maintenance costs, as defined by the
Ohio school facilities
commission, would be reduced. If the board finds after receiving the report that the
amount of money the district would spend on such installations,
modifications, or remodeling is not likely to exceed the amount
of money it would save in energy and resultant operational and
maintenance costs over the ensuing fifteen
years, the board may submit to the
commission a copy of its findings and a request for approval to incur
indebtedness
to finance the making or modification of installations or the
remodeling of buildings for the purpose of significantly reducing
energy consumption. If the commission determines that the board's
findings are
reasonable, it shall approve the board's request. Upon receipt
of the commission's approval, the district may
issue securities
without a vote of the electors in a principal amount not to
exceed nine-tenths of one per cent of its tax valuation for the
purpose of making such installations, modifications, or
remodeling, but the total net indebtedness of the district
without a vote of the electors incurred under this and all other
sections of the Revised Code shall not exceed one per cent of the
district's tax valuation. So long as any securities issued under division (G)
of this section remain outstanding, the board of education shall monitor the
energy consumption and resultant operational and maintenance costs of
buildings in which installations or
modifications have been made or remodeling has been done pursuant
to division (G) of this section and shall maintain and annually
update a
report documenting the reductions in energy
consumption and resultant operational and maintenance cost savings
attributable to such installations,
modifications, or remodeling. The report shall be certified by
an architect or engineer independent of any person that provided
goods or services to the board in connection with the energy
conservation measures that are the subject of the report. The resultant
operational and maintenance cost savings shall be certified by the school
district treasurer. The report shall be made available to the commission
upon request. (H) With the consent of the superintendent of public
instruction, a school district may incur without a vote of the
electors net indebtedness that exceeds the amounts stated in
divisions (A) and (G) of this section for the purpose of
paying
costs of permanent improvements, if and to the extent that both
of the following conditions are satisfied: (1) The fiscal officer of the school district estimates
that receipts of the school district from payments made under or pursuant
to agreements
entered into pursuant to
division (F) of section 725.02, 1728.10, 3735.671, 5709.081
or section, 5709.082, 5709.40, 5709.41, 5709.62, 5709.63,
5709.632, 5709.73, 5709.78, or 5709.82
of the Revised Code, or distributions under division (C) of
section 5709.43 of the Revised Code, or any combination thereof,
are, after accounting for any appropriate coverage requirements,
sufficient in time and amount, and are committed by the
proceedings, to pay the debt charges on the securities issued to
evidence that indebtedness and payable from those receipts, and
the taxing authority of the district confirms the fiscal
officer's estimate, which confirmation is approved by the
superintendent of public instruction; (2) The fiscal officer of the school district certifies,
and the taxing authority of the district confirms, that the
district, at the time of the certification and confirmation,
reasonably expects to have sufficient revenue available for the
purpose of operating such permanent improvements for their
intended purpose upon acquisition or completion thereof, and the
superintendent of public instruction approves the taxing
authority's confirmation. The maximum maturity of securities issued under division
(H) of this section shall be the lesser of twenty years or the
maximum maturity calculated under section 133.20 of the Revised
Code. Sec. 135.12. The state board of deposit shall meet on the
third Monday of March in the odd-numbered years for the purpose
of designating the public depositories of the public moneys of
the state, and at such meeting or any adjourned session thereof
shall designate such public depositories and award the public
moneys of the state to and among the public depositories so
designated for the period of two years commencing on the first
Monday of April next following. Each other governing board shall meet every two five years on
the third Monday or such regularly scheduled meeting date of the
month next preceding the date of the expiration of its
designation of depositories for the purpose of designating the
public depositories of the public moneys of the subdivision, and
at such meeting or any adjourned session thereof, shall designate
such public depositories and award the public moneys of the
subdivision to and among the public depositories so designated
for the period of two five years commencing on the date of the
expiration of the next preceding designation.
Such designation and award shall be made in duplicate; one
copy shall be retained by the governing board of the subdivision
and one copy shall be certified to the treasurer. If a governing board other than the state board of deposit determines,
during a designation period, that a public depository designated under this
section is insolvent or operating in an unsound or unsafe manner, the
governing board may meet and designate a different public depository of the
public moneys of the subdivision for the remainder of the designation period. Whenever, by amendment or enactment of any state or federal
law or the amendment or adoption of any valid regulation
thereunder, the terms of a designation or award, lawful at the
beginning of any designation period of designation, cease to be
lawful during
such period, and if such change of law or regulation requires,
the designation period of designation shall be limited so as not
to extend
beyond the date when such change becomes effective. In such
case, the proper governing board shall meet and designate the
public depositories of the public moneys of the state or of the
subdivision for the remainder of the designation period of two
years. Sec. 3313.291. The board of education of a
school district may adopt a resolution establishing a petty cash
account from which a designated district official may draw
moneys by check signed by that official or by debit card for
purchases made within the district. The resolution establishing
the account shall specify the maximum amount of money that may
be placed in the account; designate the district officials who
may draw moneys from the account, or require the treasurer of
such board to designate such officials; and specify the
requirements and procedures for replenishing the account. Sec. 3313.31. All the duties and obligations of the county auditor, county
treasurer, or other officer or person relating to the moneys of a school
district shall be complied with by dealing with the treasurer of the board of
education thereof. THE TREASURER SHALL BE THE CHIEF FISCAL OFFICER OF THE SCHOOL DISTRICT AND
SHALL BE RESPONSIBLE FOR THE FINANCIAL AFFAIRS OF THE DISTRICT, SUBJECT TO THE
DIRECTION OF THE DISTRICT BOARD OF EDUCATION. EXCEPT AS otherwise REQUIRED BY
LAW, NO
TREASURER SHALL BE REQUIRED TO VERIFY THE ACCURACY OF NONFINANCIAL
INFORMATION
OR DATA OF THE SCHOOL DISTRICT. Sec. 3313.37. (A) The board of education of any city, local, or exempted
village school district may build, enlarge,
repair, and furnish the necessary schoolhouses, purchase or lease
sites therefor, or rights-of-way thereto, or purchase or lease
real estate to be used as playgrounds for children or rent
suitable schoolrooms, either within or without the district, and
provide the necessary apparatus and make all other necessary
provisions for the schools under its control. The governing board
of any educational service center
may build, enlarge, repair, and furnish the necessary facilities for
conducting
special education programs and driver education courses, purchase
or lease sites therefor, or rights-of-way thereto, or purchase
or
lease real estate or rent suitable facilities to be used for such
purposes and provide the necessary apparatus and make all other
necessary provisions for such facilities as are under its
control. (B)(1) Boards of education of city, local, and exempted village school
districts
may acquire land by gift or
devise, by purchase, or by appropriation. Lands purchased may be
purchased for cash, by installment payments, with or without a
mortgage, by entering into lease-purchase agreements, or by lease
with an option to purchase, provided that if the purchase price
is to be paid over a period of time, such payments shall not
extend for a period of more than five years, and a. A
special tax levy shall may be authorized by the voters of the
school district in accordance with section 5705.21 of the Revised Code to
provide a
special fund to meet the future time payments. (2) For the purposes of section 5705.21 of the Revised
Code, acquisition of land under the provisions of this division
shall be considered a necessary requirement of the school
district. (3) Boards of education of city, local, and exempted
village school districts may acquire federal land at a
discount by a lease-purchase agreement for use as a site for the
construction of educational facilities or for other related
purposes. External administrative and other costs pertaining to
the acquisition of federal land at a discount may be paid from
funds available to the school district for operating purposes.
Such boards of education may also acquire federal land by
lease-purchase agreements, by negotiation, or otherwise. (4) As used in this division: (a) "Office equipment" includes but is not limited to
typewriters, copying and duplicating equipment, and computer and
data processing equipment. (b) "Software for instructional purposes" includes
computer programs usable for computer assisted instruction,
computer managed instruction, drill and practice, and problem
simulations. A board of education or governing board of an educational service center may
acquire the necessary office
equipment, and computer hardware and software for instructional
purposes, for the schools under its control by purchase, by
lease, by installment payments, by entering into lease-purchase
agreements, or by lease with an option to purchase. In the case of
a city, exempted village, or local school district, if the
purchase price is to be paid over a period of time, the contract
setting forth the terms of such purchase shall be considered a
continuing contract pursuant to section 5705.41 of the Revised
Code. Payments shall not extend for a period
of more
than five years. Costs relating to the acquisition of necessary
apparatus may be paid from funds available to the school district
or educational service center for operating purposes. (5) A board of education or governing board of an educational
service center may acquire the necessary equipment for
the maintenance or physical upkeep of facilities and land under its control by
entering into lease-purchase agreements. If payments under the lease-purchase
agreement are to be made over a period of time, the agreement shall be
considered a continuing contract
pursuant to section 5705.41 of the Revised Code, and such
payments shall not extend for a period of more than five years. Sec. 3313.375. The board of education of a city, local, or
exempted village, or joint vocational school district may enter
into a lease-purchase agreement
providing for the construction,; enlarging or other
improvement, furnishing, and equipping;
lease,; and eventual acquisition of a building
for any school district purpose. The agreement shall provide for a lease for
a term of series of one-year renewable lease terms totaling
not more than thirty years. The agreement shall provide that at the
end of the series of lease terms provided for in the agreement
the title to the buildings, together with the land on which
the building is situated, leased property shall be vested in the
school district, if all obligations of the school district provided
for in the agreement have been satisfied. The
agreement may, in addition to the rental payments made by the school
district
under the lease, require the school district to pay the lessor a lump-sum
amount at the end of the lease as a condition of obtaining title to the
building and land. The agreement shall permit a school district to cancel
the
lease and cease making rental payments without penalty or additional cost if
the district notifies the lessor of its
intention to cancel the lease not more than one year prior to the date upon
which such cancellation takes effect leased property. In
conjunction with the lease-purchase agreement, the board of education
may grant leases, easements, or licenses for underlying
land or facilities under the board's control for a like
period. Contracts governing
lease-purchase agreements authorized by this section are continuing contracts
under section 5705.41 of the Revised Code periods. Payments under the
agreement may be deemed to be, and paid as, current operating expenses. The obligations of under a lease-purchase agreement entered into
pursuant to this
section shall not be construed as considered to be net
indebtedness of a school district
pursuant to under section 133.06 of the Revised Code. Sec. 3313.46. (A) In addition to any other law governing the bidding for
contracts by the board of education of any school district, when any such
board determines to build, repair, enlarge, improve, or demolish
any school building,
the cost of which will exceed twenty-five thousand dollars, except in
cases of urgent necessity, or for the security and protection of
school property, and except as otherwise provided in division (D)
of section 713.23 and in section 125.04 of the Revised Code, all of the
following shall apply: (1) The board shall cause to be prepared the plans,
specifications, and related information as required in divisions
(A), (B), and (D) of section 153.01 of the Revised Code unless the board
determines that other information is sufficient to inform any bidders of the
board's requirements. However, if the board determines that such other
information is sufficient for bidding a project, the board shall not engage in
the construction of any such project involving the practice of professional
engineering, professional surveying, or architecture, for which plans,
specifications, and estimates have not been made by, and the construction
thereof inspected by, a licensed professional engineer, licensed professional
surveyor, or registered architect. (2) The board shall advertise for bids once each week for a period of
four at least two
consecutive weeks in a newspaper of general circulation in the district
not later than fifteen days prior to the date specified by the board
for
receiving bids. (3) Unless the board extends the time for the opening of
bids they shall be opened at the time and place specified by the board in the
advertisement for the bids. (4) Each bid shall contain the name of every person
interested therein. Each bid shall meet the requirements of section 153.54
of the Revised Code. (5) When both labor and materials are embraced in the work
bid for, the board may require that each be separately stated in
the bid, with the price thereof, or may require that bids be
submitted without such separation. (6) None but the lowest responsible bid shall be accepted.
The board may reject all the bids, or accept any bid for both
labor and material for such improvement or repair, which is the
lowest in the aggregate. In all other respects, the award of
contracts for improvement or repair, but not for purchases made
under section 3327.08 of the Revised Code, shall be pursuant to
section 153.12 of the Revised Code. (7) The contract shall be between the board and the
bidders. The board shall pay the contract price for the work
pursuant to sections 153.13 and 153.14 of the Revised Code. The
board shall approve and retain the estimates referred to in
section 153.13 of the Revised Code and make them available to the
auditor of state upon request. (8) When two or more bids are equal, in the whole, or in
any part thereof, and are lower than any others, either may be
accepted, but in no case shall the work be divided between such
bidders. (9) When there is reason to believe there is collusion or
combination among the bidders, or any number of them, the bids of
those concerned therein shall be rejected. (B) Division (A) of this section does not apply to the board of education of
any school district in any of the following situations: (1) The acquisition of educational materials used in teaching. (2) If the board determines and declares by resolution adopted by two-thirds
of all its members that any item is available and can be acquired only from a
single source. (3) If the board declares by resolution adopted by two-thirds of all its
members that division (A) of this section does not apply to any installation,
modification, or remodeling involved in any energy conservation measure
undertaken through an installment payment contract under section 3313.372 of
the Revised Code or undertaken pursuant to division (G) of section 133.06 of
the Revised Code. (4) The acquisition of computer software for instructional
purposes and computer hardware for instructional purposes
pursuant to division (B)(4) of section 3313.37 of the
Revised
Code. (C) No resolution adopted pursuant to division (B)(2) or (3) of this section
shall have any effect on whether sections 153.12 to 153.14 and 153.54 of the
Revised Code apply to the board of education of any school district with
regard to any item. SECTION 2 . That existing sections 9.38, 133.06, 135.12,
3313.31, 3313.37, 3313.375, and 3313.46
of the Revised Code are hereby repealed.
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