The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Passed by the Senate*
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. S. B. No. 272 |
SENATORS CUPP-KEARNS-PRENTISS-CARNES-HOTTINGER-LATTA-OELSLAGER-
WATTS-RAY-MUMPER-ARMBRUSTER-GARDNER-SPADA-WHITE-DRAKE
A BILL
To amend sections 133.06, 135.143, 3318.01, 3318.011, 3318.021, 3318.03,
3318.032,
3318.04, 3318.05,
3318.06,
3318.08, 3318.11, 3318.13, 3318.14, 3318.15, 3318.31, and 3318.36; to enact
sections 3318.022, 3318.033, 3318.035, 3318.052, 3318.055, 3318.061,
3318.084, 3318.085, 3318.311, 3318.351, 3318.361, 3318.362, 3318.37, and
3318.38; to repeal
section 3318.18
of the Revised Code; and to amend Sections 10 and 10.02 of Am. Sub. H.B. 282
of the
123rd
General Assembly to permit any school district to participate
in the School Building Assistance Expedited Local Partnership
Program, to codify the program to set aside classroom facilities assistance
moneys for low wealth school districts with exceptional needs, to require the
Ohio School Facilities Commission to propose a program to provide classroom
facilities assistance
moneys to joint vocational school districts, to establish a
program to provide classroom facilities assistance moneys to
school districts that have suffered natural disasters, to
authorize accelerated service under the Classroom Facilities
Assistance Program to big-eight school districts, to authorize
alternative methods for school districts to generate their
respective shares of projects under the Classroom Facilities
Assistance Program,
to permit the Treasurer of
State to enter into an agreement with two or more school districts to pool the
bonds issued by those school districts to pay their portion of projects under
state classroom facilities assistance programs,
to make other changes to the Classroom
Facilities Assistance Program, and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 133.06, 135.143, 3318.01, 3318.011, 3318.021,
3318.03,
3318.032, 3318.04,
3318.05, 3318.06, 3318.08, 3318.11, 3318.13, 3318.14, 3318.15, 3318.31, and
3318.36 be
amended and sections 3318.022, 3318.033, 3318.035,
3318.052, 3318.055, 3318.061, 3318.084, 3318.085, 3318.311, 3318.351,
3318.361,
3318.362, 3318.37, and
3318.38
of the Revised Code be enacted to
read as follows:
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, OR AS
PRESCRIBED IN SECTION 3318.052 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
section 725.02, 1728.10, 3735.671, 5709.081, 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. 135.143. (A) The treasurer of state may invest or
execute transactions for any part or all of the interim funds of
the state in the following classifications of obligations:
(1) United States treasury bills, notes, bonds, or any
other obligations or securities issued by the United States
treasury or any other obligation guaranteed as to principal and
interest by the United States;
(2) Bonds, notes, debentures, or any other obligations or
securities issued by any federal government agency or
instrumentality;
(3) Bonds and other obligations of the sinking fund of the
state of Ohio and the Ohio public facilities commission;
(4)(a) Written repurchase agreements with any eligible
Ohio financial institution that is a member of the federal
reserve system or federal home loan bank or any recognized United
States government securities dealer, under the terms of which
agreement the treasurer of state purchases and the eligible
financial institution or dealer agrees unconditionally to
repurchase any of the securities that are listed in division
(A)(1) or (2) of this section and that will mature or are
redeemable within ten years from the date of purchase. The
market value of securities subject to these transactions must
exceed the principal value of the repurchase agreement by an
amount specified by the treasurer of state, and the securities
must be delivered into the custody of the treasurer of state or
the qualified trustee or agent designated by the treasurer of
state. The agreement shall contain the requirement that for each
transaction pursuant to the agreement, the participating
institution or dealer shall provide all of the following
information:
(i) The par value of the securities;
(ii) The type, rate, and maturity date of the securities;
(iii) A numerical identifier generally accepted in the
securities industry that designates the securities.
(b) The treasurer of state also may sell any securities,
listed in division (A)(1) or (2) of this section, regardless of
maturity or time of redemption of the securities, under the same
terms and conditions for repurchase, provided that the securities
have been fully paid for and are owned by the treasurer of state
at the time of the sale.
(5) Securities lending agreements with any eligible
financial institution that is a member of the federal reserve
system or federal home loan bank or any recognized United States
government securities dealer, under the terms of which agreement
the treasurer of state lends securities and the eligible
financial institution or dealer agrees to simultaneously exchange
similar securities or cash, equal value for equal value.
Securities and cash received as collateral for a securities lending
agreement are not interim funds of the state. The investment of cash
collateral received pursuant to a securities lending agreement may be invested
only in such instruments specified by the treasurer of state in accordance
with a written investment policy.
(6) Various forms of commercial paper issued by any
corporation that is incorporated under the laws of the United
States or a state, which such notes are rated in the two highest
categories by two nationally recognized rating agencies, provided
that the total amount invested in commercial paper at any time
shall not exceed five per cent of the state's total average
portfolio, as determined and calculated by the treasurer of
state;
(7) Bankers acceptances, maturing in two hundred seventy
days or less, which are eligible for purchase by the federal
reserve system, provided that the total amount invested in
bankers acceptances at any time shall not exceed ten per cent of
the state's total average portfolio, as determined and calculated
by the treasurer of state;
(8) Certificates of deposit in eligible institutions
applying for interim moneys as provided in section 135.08 of the
Revised Code, including linked deposits as provided in sections
135.61 to 135.67 of the Revised Code, agricultural linked
deposits as provided in sections 135.71 to 135.76 of the Revised
Code, and depressed economic area linked deposits as provided in
sections 135.81 to 135.88 of the Revised Code;
(9) The state treasurer's investment pool authorized under
section 135.45 of the Revised Code;
(10) Debt interests rated investment grade by a nationally
recognized rating agency and issued by corporations that are
incorporated under the laws of the United States or a state, or
issued by foreign nations diplomatically recognized by the United
States government, or any instrument based on, derived from, or
related to such interests. All interest and principal shall be
denominated and payable in United States funds. The investments
made under division (A)(10) of this section shall not exceed in
the aggregate five per cent of the state's total average
portfolio, as determined and calculated by the treasurer of
state. The investments made under division (A)(10) of this
section in debt interests issued by foreign nations shall not
exceed in the aggregate one per cent of the state's total average
portfolio. The investments made under division (A)(10) of this
section in the debt interests of a single issuer shall not exceed
in the aggregate one-half of one per cent of the state's total
average portfolio.
The treasurer of state shall invest under division (A)(10)
of this section in a debt interest issued by a foreign nation
only if the debt interest is backed by the full faith and credit
of that foreign nation. For purposes of division (A)(10) of this
section, a debt interest is rated investment grade by a
nationally recognized rating agency if either the debt interest
itself or the issuer of the debt interest is rated, or is
implicitly rated, investment grade by a nationally recognized
rating agency.
(11) No-load money market mutual funds consisting
exclusively of obligations described in division (A)(1) or (2) of
this section and repurchase agreements secured by such
obligations.;
(12) Obligations of a board of education issued under authority
of section 133.10 or 133.301 of the Revised Code;
(13) POOLS OF SCHOOL DISTRICT BONDS AUTHORIZED UNDER SECTION 3318.085
of the Revised Code.
(B) Whenever, during a period of designation, the
treasurer of state classifies public moneys as interim moneys, the treasurer
of state shall notify the state board of deposit of such action. Such
notification shall be given within thirty days after such
classification and in the event the state board of deposit does
not concur in such classification or in the investments or
deposits made under this section, the board may order the
treasurer of state to sell or liquidate any of such investments
or deposits, and any such order shall specifically describe the
investments or deposits and fix the date upon which they are to
be sold or liquidated. Investments or deposits so ordered to be
sold or liquidated shall be sold or liquidated for cash by the
treasurer of state on the date fixed in such order at the then
current market price. Neither the treasurer of state nor the
members of the state board of deposit shall be held accountable
for any loss occasioned by sales or liquidations of investments
or deposits at prices lower than their cost. Any loss or expense
incurred in making such sales or liquidations is payable as other
expenses of the treasurer's office.
(C) If any securities or obligations invested in by the
treasurer of state pursuant to this section are registrable
either as to principal or interest, or both, such securities or
obligations shall be registered in the name of the treasurer of
state.
(D) The treasurer of state is responsible for the
safekeeping of all securities or obligations under this section.
Any such securities or obligations may be deposited for
safekeeping as provided in section 113.05 of the Revised Code.
(E) Interest earned on any investments or deposits
authorized by this section shall be collected by the treasurer of
state and credited by the treasurer of state to the proper fund of
the state.
(F) Whenever investments or deposits acquired under this
section mature and become due and payable, the treasurer of state
shall present them for payment according to their tenor, and
shall collect the moneys payable thereon. The moneys so
collected shall be treated as public moneys subject to sections
135.01 to 135.21 of the Revised Code.
(G) The treasurer of state and any board of education issuing
obligations referred to in division (A)(12) of this section OR POOLS OF
BONDS REFERRED TO IN DIVISION (A)(13) OF THIS SECTION may enter
into an agreement providing for:
(1) The purchase of those obligations, INCLUDING POOLS OF
BONDS, by the treasurer of state on terms
and subject to conditions set forth in the agreement;
(2) The payment by the board of education to the treasurer of state of
a reasonable fee
as consideration for the agreement of the treasurer of state to purchase those
obligations; provided, however, that the treasurer of state shall not be
authorized to enter into any such agreement with the board of education of a
school district that has an outstanding obligation with respect to a loan
received under authority of section 3313.483 of the Revised Code.
(H) For purposes of division
(G) of this section, a fee shall
not be considered reasonable unless it is set to recover only
the direct costs and a reasonable estimate of the indirect costs
associated with the purchasing of obligations of a school board
under division (G) of this section and any reselling of the
obligations or any interest in the obligations, including
interests in a fund comprised of the obligations. No money from
the general revenue fund shall be used to subsidize the purchase
or resale of these obligations.
(I) All money collected
by the treasurer of state from the fee imposed by division
(G) of this section shall be
deposited to the credit of the state school board obligations
fund, which is hereby created in the state treasury. Money
credited to the fund shall be used solely to pay the treasurer
of state's direct and indirect costs associated with purchasing
and reselling obligations of a board of education under division
(G) of this section.
Sec. 3318.01. As used in sections 3318.01 to 3318.20 of
the Revised Code:
(A) "Ohio school facilities commission"
means the commission created pursuant to
section 3318.30 of the Revised Code.
(B) "Classroom facilities" means rooms in which pupils
regularly assemble in public school buildings to receive
instruction and education and such facilities and building
improvements for the operation and use of such rooms as may be
needed in order to provide a complete educational program, and may
include space within which a child day-care facility or a community resource
center is housed. "CLASSROOM FACILITIES"
INCLUDES ANY SPACE NECESSARY FOR THE OPERATION OF A VOCATIONAL
EDUCATION PROGRAM IN ANY SCHOOL DISTRICT THAT OPERATES SUCH A
PROGRAM.
(C) "Project" means a project to construct or acquire classroom
facilities, or to reconstruct or
make additions to existing classroom facilities,
to be used for housing the applicable school district and its functions.
(D) "School district" means a local, exempted village, or
city school district as such districts are defined in Chapter
3311. of the Revised Code, acting as an agency of state government, performing
essential governmental functions of state government pursuant to sections
3318.01 and 3318.20 of the Revised Code.
(E) "School district board" means the board of education
of a school district.
(F) "Net bonded indebtedness" means the difference between
the sum of the par value of all outstanding and unpaid bonds and notes
which
a school district board is obligated to pay, any
amounts the school district is obligated to pay under lease-purchase
agreements entered into under section 3313.375 of the Revised Code, and the
par value of bonds authorized by the electors but not yet issued,
the proceeds of which can lawfully be used for the project, and
the amount held in the sinking fund and other indebtedness
retirement funds for their redemption. Notes issued for school
buses in accordance with section 3327.08 of the Revised Code,
notes issued in anticipation of the collection of current
revenues, and bonds issued to pay final judgments shall not be
considered in calculating the net bonded indebtedness.
"Net bonded indebtedness" does not include indebtedness arising from
the acquisition of land to provide a site for classroom facilities
constructed, acquired, or added to pursuant to sections 3318.01 to 3318.20
of the Revised Code.
(G) "Board of elections" means the board of elections of
the county containing the most populous portion of the school
district.
(H) "County auditor" means the auditor of the county in
which the greatest value of taxable property of such school
district is located.
(I) "Tax duplicates" means the general tax lists and
duplicates prescribed by sections 319.28 and 319.29 of the
Revised Code.
(J) "Required level of indebtedness" means:
(1) In the case of districts in
the first percentile, five per cent of the district's valuation for
the year preceding the year in which the controlling board approved the
project under section 3318.04 of the Revised Code.
(2) In the case of districts ranked in a subsequent percentile, five per
cent of the district's valuation for the year preceding the year in
which the controlling board approved the project under section 3318.04
of the Revised Code, plus 6[two one-hundredths of one per
cent multiplied by (the percentile in which the district ranks minus
one)7].
(K) "Required percentage of the basic project costs" means one per cent of
the basic project costs times the
percentile in which the district ranks.
(L) "Basic project cost" means a cost amount determined in accordance with
rules adopted under section 111.15 of the Revised Code by
the
Ohio school facilities commission. The basic
project cost calculation shall take into consideration the square footage and
cost per square foot necessary for the grade levels to be housed in the
classroom facilities, the variation across the state in construction and
related costs, the cost of the installation of site utilities and site
preparation, the cost of insuring the project until it is
completed, and the
professional planning, administration, and design fees that a district may
have to pay to undertake a classroom facilities project.
"BASIC PROJECT COST" ALSO INCLUDES THE VALUE OF CLASSROOM FACILITIES
AUTHORIZED IN A PRE-EXISTING BOND ISSUE AS DESCRIBED IN SECTION 3318.033 OF
THE REVISED CODE.
(M) A "school district's portion of the basic project cost" means the
amount determined under section 3318.032 of the Revised
Code.
(N) "Child day-care facility" means
space within a classroom facility in which the needs of infants,
toddlers, preschool children, and school children are provided
for by persons other than the parent or guardian of such
children for any part of the day, including persons not employed by the school
district operating such classroom facility.
(O) "Community resource
center" means space within a classroom facility in which
comprehensive services that support the needs of families and
children are provided by community-based social service
providers.
(P) "Valuation" means the total value of all property in
the
district as listed and assessed for taxation on the tax duplicates.
(Q) "Percentile" means the percentile in which the
district is
ranked pursuant to division (D) of section 3318.011 of the
Revised Code.
(R) "Installation of site utilities" means the
installation
of a site domestic water system, site fire protection system,
site gas distribution system, site sanitary system, site storm
drainage system, and site telephone and data system.
(S) "Site preparation"
means the earthwork necessary for preparation of the building
foundation system, the paved pedestrian and vehicular
circulation system, playgrounds on the project site, and lawn
and planting on the project site.
Sec. 3318.011. For purposes of providing assistance under
sections 3318.01 to 3318.20 of the Revised Code, the department
of education shall annually do all of the following:
(A) Calculate the adjusted valuation per pupil of each
city, local, and exempted village school district according to
the following formula:
The district's valuation per pupil -
6[$30,000 X (1 - the district's income
factor)7].
For purposes of this calculation:
(1) "Valuation per pupil" for a district means its average
taxable value, divided by its formula ADM reported under section
3317.03 of the Revised Code for the previous fiscal
year.
(2) "Average taxable value" means the average of the amounts
certified for a district in the second, third, and fourth preceding
fiscal years under divisions (A)(1) and (2) of section 3317.021 of
the Revised Code.
(3) "Income factor" has the same meaning as in section 3317.02 of
the Revised Code.
(B) Calculate FOR EACH DISTRICT the three-year average OF THE
adjusted valuation VALUATIONS per pupil of each
city, local, and exempted village school CALCULATED FOR THE
district for the CURRENT AND TWO preceding three
fiscal years;
(C) Rank all such districts in order of adjusted valuation
per pupil from the district with the lowest three-year average adjusted
valuation
per pupil to the district with the highest three-year average adjusted
valuation per pupil;
(D) Divide such
ranking into percentiles with the first percentile containing the one per cent
of school districts having the lowest three-year average adjusted
valuations per pupil and the
one-hundredth percentile containing the one per cent of school districts
having the highest three-year average adjusted
valuations per pupil;
(E) Determine the school districts that have
three-year average adjusted
valuations per pupil that are greater
than the median three-year average adjusted valuation per
pupil for all school districts in the state;
(F) Certify the information described in divisions (A)
to (E) of this section to the Ohio school facilities
commission.
Sec. 3318.021. Notwithstanding section 3318.02 of the Revised
Code, the Ohio school facilities commission annually may
conduct on-site visits to no more than five school districts in the
twentieth
to fortieth percentiles as determined under section 3318.011 of the
Revised Code, if
a ANY SCHOOL DISTRICT WHOSE district board adopts a resolution
certifying to the commission the board's
intent to
participate in the school building assistance expedited local
partnership program under section 3318.36 of the Revised
Code.
Sec. 3318.022. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN
SECTION 3318.02 OF THE REVISED CODE, WITHIN TWO YEARS
FOLLOWING THE
REQUEST OF THE SCHOOL DISTRICT, THE OHIO SCHOOL FACILITIES
COMMISSION SHALL ASSESS THE CURRENT CONDITIONS OF THE CLASSROOM FACILITIES
NEEDS OF ANY SCHOOL DISTRICT
THAT IS NOT YET
ELIGIBLE FOR STATE ASSISTANCE UNDER CHAPTER 3318. OF THE
REVISED CODE AND THAT REQUESTS SUCH AN ASSESSMENT. THE
ASSESSMENT MADE UNDER THIS SECTION SHALL NOT INCLUDE A FINAL AGREEMENT BETWEEN
THE SCHOOL DISTRICT AND THE COMMISSION AS TO
THE BASIC PROJECT COST OF THE SCHOOL DISTRICT'S CLASSROOM FACILITIES
NEEDS. THE COMMISSION SHALL NOT CONSIDER ANY REQUEST FOR AN ASSESSMENT
UNDER THIS SECTION THAT IS SUBMITTED SOONER THAN THE EFFECTIVE DATE OF
THIS SECTION.
Sec. 3318.03. Upon
BEFORE CONDUCTING
AN ON-SITE EVALUATION OF A SCHOOL DISTRICT UNDER SECTION 3318.02 OF THE
REVISED CODE, AT THE REQUEST OF THE DISTRICT BOARD OF
EDUCATION, THE OHIO SCHOOL FACILITIES COMMISSION SHALL EXAMINE ANY
CLASSROOM FACILITIES NEEDS ASSESSMENT THAT HAS BEEN CONDUCTED BY THE DISTRICT
AND ANY MASTER PLAN DEVELOPED FOR
MEETING THE FACILITY NEEDS OF THE DISTRICT.
UPON
conducting the on-site evaluation under section 3318.02 of
the Revised Code, the Ohio school
facilities commission shall
make a determination of all of the following:
(A) The needs of the school district for additional
classroom facilities;
(B) The
number of classroom facilities to be included in a project,
INCLUDING CLASSROOM FACILITIES AUTHORIZED BY A BOND ISSUE DESCRIBED IN
SECTION 3318.033 OF THE REVISED CODE, and the
basic
project cost of constructing, acquiring, reconstructing, or making additions
to each such facility;
(C) The amount of such cost that the
school district can supply from
available funds, by the issuance of bonds previously authorized
by the electors of the school district the proceeds of which can
lawfully be used for the project, INCLUDING BONDS AUTHORIZED BY THE
DISTRICT'S ELECTORS AS DESCRIBED IN SECTION 3318.033 OF THE REVISED
CODE, and by the issuance of bonds
under section 3318.05 of the Revised Code;
(D) The remaining amount
of such cost that shall be supplied by the
state;
(E) If the state's portion of the basic project cost exceeds forty
TWENTY-FIVE million dollars,
the amount of the state's portion to be encumbered in accordance
with section 3318.11 of the
Revised Code in the current and
subsequent fiscal bienniums from funds appropriated for purposes
of sections 3318.01 to 3318.20 of the
Revised Code.
The commission shall make a
determination in favor of constructing, acquiring,
reconstructing, or making additions to a classroom facility only upon
evidence that the proposed
project conforms to sound educational practice, that it is in
keeping with the orderly process of school district
reorganization and consolidation, and that the actual or
projected enrollment in each classroom facility proposed to be included in
the project
is at least three hundred fifty pupils. Exceptions shall be authorized
only in those districts
where topography, sparsity of population, and other
factors make
larger schools impracticable.
Sections 125.81 and 153.04 of the Revised Code shall not
apply to classroom facilities constructed under sections 3318.01
to 3318.20 of the Revised Code.
Sec. 3318.032. (A) The portion of the basic project cost supplied
by
the school district shall be the greater of:
(A)(1) The required percentage of the basic project costs,
determined based on the district's percentile ranking at the time the
controlling board approved the project under section
3318.04 of the Revised Code;
(B)(2) An amount necessary to raise the school district's net
bonded
indebtedness, as of the date the controlling board approved the project, to
within five thousand dollars of the required level
of indebtedness.
(B) The amount of the district's share determined under this section
shall be calculated only as of the date the controlling board approved
the project, and that amount applies throughout the one-year period
permitted under section 3318.05 of the Revised Code for the
district's electors to approve the propositions described in that section. If
the amount reserved and encumbered for a project is released because the
electors do not approve those propositions within that year, and
the school district later receives the controlling board's
approval for the project, the district's portion shall be
recalculated in accordance with this section as of the date of the
controlling board's subsequent approval.
(C) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN DIVISION
(A) OR (B) OF THIS SECTION, AT NO TIME SHALL A SCHOOL
DISTRICT'S PORTION OF THE BASIC PROJECT COST BE GREATER THAN NINETY-FIVE PER
CENT OF THE TOTAL BASIC PROJECT COST.
Sec. 3318.033. IF THE ELECTORS OF A SCHOOL DISTRICT HAVE APPROVED
THE ISSUANCE OF BONDS FOR THE ACQUISITION OF CLASSROOM FACILITIES WITHIN
EIGHTEEN MONTHS PRIOR TO THE SCHOOL DISTRICT BOARD'S RECEIPT OF A
NOTIFICATION BY THE OHIO SCHOOL FACILITIES COMMISSION THAT THE
SCHOOL DISTRICT IS ELIGIBLE FOR STATE ASSISTANCE UNDER SECTIONS 3318.01
TO 3318.20 OF THE REVISED CODE, AND IF THE CLASSROOM
FACILITIES SUPPORTED BY THAT BOND MEASURE COMPLY WITH THE COMMISSION'S DESIGN
SPECIFICATIONS FOR A PROJECT UNDER SECTIONS
3318.01 TO 3318.20 OF THE REVISED CODE, THE COMMISSION SHALL
INCLUDE THE VALUE OF THOSE CLASSROOM FACILITIES IN THE BASIC PROJECT COST OF
THE SCHOOL DISTRICT'S PROJECT DETERMINED UNDER SECTION
3318.03 OF THE REVISED CODE AND SHALL DEDUCT THE AMOUNT OF
THE
BONDS AUTHORIZED IN THAT BOND MEASURE FROM THE AMOUNT OF THE SCHOOL DISTRICT'S
PORTION OF THE BASIC PROJECT COST AS
DETERMINED UNDER SECTION 3318.032 OF THE REVISED CODE.
Sec. 3318.035. (A) THIS SECTION APPLIES ONLY IF THERE IS A
CHANGE IN THE ASSESSMENT RATES ON GAS PIPELINES IMPOSED UNDER STATE
LAW.
(B) IF AT ANY TIME DIVISION (A) OF THIS SECTION APPLIES
AND IF
THE CHANGE IN ASSESSMENT RATES DESCRIBED IN THAT DIVISION AFFECTS A
SCHOOL DISTRICT'S VALUATION AS DETERMINED UNDER DIVISION
(P) OF SECTION 3318.01 OF THE
REVISED CODE BY GREATER THAN TEN
PER CENT AND IF THE OHIO SCHOOL FACILITIES COMMISSION HAD
DETERMINED THE STATE AND SCHOOL DISTRICT PORTION OF THE BASIC PROJECT COST OF
SUCH A DISTRICT'S
PROJECT UNDER SECTION 3318.36 OF THE REVISED CODE PRIOR TO
THAT
CHANGE IN VALUATION, THE COMMISSION SHALL ADJUST THE STATE AND SCHOOL DISTRICT
PORTIONS OF THE BASIC PROJECT COST OF THE SCHOOL DISTRICT'S PROJECT USING THE
VALUATION ALTERED BY THE CHANGE IN ASSESSMENT RATES DESCRIBED IN DIVISION
(A) OF THIS SECTION.
Sec. 3318.04. (A) If the Ohio school facilities commission makes a
determination under section 3318.03 of the Revised
Code in favor of constructing, acquiring,
reconstructing, or making additions to a classroom facility, the
project shall be conditionally approved. Such conditional approval
shall be submitted to the controlling board for approval thereof. The
controlling board shall forthwith approve or reject the commission's
determination, conditional approval, the
amount of the state's portion of the basic project cost, and, if the
state's portion exceeds forty TWENTY-FIVE million dollars, the
amount of the state's
portion to be encumbered in the current fiscal biennium. In the event
of approval thereof by the controlling
board, the commission shall certify
such conditional approval to the school district board and shall encumber
from the total funds appropriated for the purpose of sections 3318.01 to
3318.20 of the Revised Code the amount of the state's portion of the basic
project cost or, if the state's portion exceeds forty
TWENTY-FIVE million dollars, the
amount approved under this section to be encumbered in the current fiscal
biennium.
The basic project cost for a project approved
under this section shall not exceed the cost that would otherwise have to be
incurred if the classroom facilities to be constructed, acquired, or
reconstructed, or the additions to be made to classroom facilities, under such
project meet, but do not exceed, the specifications for plans and materials
for classroom facilities adopted by the commission.
(B)(1) No school district shall have a project conditionally
approved pursuant
to this section if the project includes the
reconstruction of, or the making of additions to, any classroom
facilities that were constructed, acquired, reconstructed, or
added to as part of SCHOOL DISTRICT HAS ALREADY RECEIVED ANY ASSISTANCE
FOR a project funded under any version of
sections 3318.01 to 3318.20 of the Revised Code,
and the prior project was one for which
the electors of such district approved a levy within the last ten
TWENTY years
pursuant to any version of section 3318.06 of the Revised
Code for purposes of qualifying for the funding of that project,
UNLESS THE DISTRICT DEMONSTRATES TO THE SATISFACTION OF
THE
COMMISSION THAT THE DISTRICT HAS EXPERIENCED SINCE APPROVAL OF ITS PRIOR
PROJECT AN EXCEPTIONAL INCREASE IN
ENROLLMENT SIGNIFICANTLY ABOVE THE DISTRICT'S DESIGN
CAPACITY UNDER THAT PRIOR PROJECT AS DETERMINED BY RULE OF THE COMMISSION.
(2) NOTWITHSTANDING DIVISION (B)(1) OF THIS SECTION, ANY SCHOOL
DISTRICT THAT RECEIVED ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF
THE REVISED CODE, AS THOSE SECTIONS EXISTED PRIOR TO
MAY
20, 1997, MAY RECEIVE ADDITIONAL ASSISTANCE UNDER THOSE SECTIONS, AS THEY
EXIST ON AND AFTER MAY 20, 1997, PRIOR TO THE EXPIRATION OF THE
PERIOD OF TIME REQUIRED UNDER DIVISION (B)(1) OF THIS SECTION, IF
THE PERCENTILE IN WHICH THE SCHOOL DISTRICT IS LOCATED, AS DETERMINED UNDER
SECTION 3318.011 OF THE
REVISED CODE, IS ELIGIBLE FOR ASSISTANCE AS PRESCRIBED IN
SECTION
3318.02 OF THE REVISED CODE.
THE COMMISSION MAY PROVIDE ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF
THE REVISED CODE PURSUANT TO THIS DIVISION TO NO MORE THAN
FIVE SCHOOL DISTRICTS PER FISCAL YEAR UNTIL ALL ELIGIBLE SCHOOL DISTRICTS HAVE
RECEIVED THE ADDITIONAL ASSISTANCE AUTHORIZED UNDER THIS DIVISION. THE
COMMISSION SHALL ESTABLISH APPLICATION PROCEDURES, DEADLINES, AND PRIORITIES
FOR FUNDING PROJECTS UNDER THIS DIVISION.
THE COMMISSION AT ITS DISCRETION MAY WAIVE CURRENT DESIGN
SPECIFICATIONS IT HAS ADOPTED FOR PROJECTS UNDER SECTIONS 3318.01 TO 3318.20
of the Revised Code WHEN ASSESSING AN APPLICATION FOR ADDITIONAL ASSISTANCE UNDER THIS
DIVISION FOR THE RENOVATION OF CLASSROOM FACILITIES CONSTRUCTED OR RENOVATED
UNDER A
SCHOOL DISTRICT'S PREVIOUS PROJECT.
IF THE
COMMISSION FINDS THAT A SCHOOL DISTRICT'S EXISTING CLASSROOM FACILITIES ARE
ADEQUATE TO MEET ALL OF THE SCHOOL DISTRICT'S NEEDS, THE COMMISSION MAY
DETERMINE THAT NO ADDITIONAL STATE ASSISTANCE BE AWARDED TO A SCHOOL DISTRICT
UNDER THIS DIVISION.
IN ORDER FOR A SCHOOL DISTRICT TO BE ELIGIBLE TO RECEIVE ANY
ADDITIONAL ASSISTANCE UNDER THIS DIVISION, THE SCHOOL DISTRICT ELECTORS
SHALL EXTEND THE SCHOOL DISTRICT'S EXISTING LEVY DEDICATED FOR
MAINTENANCE OF CLASSROOM FACILITIES UNDER CHAPTER 3318. OF THE
REVISED CODE, PURSUANT TO SECTION
3318.061 OF THE REVISED CODE OR SHALL PROVIDE EQUIVALENT
ALTERNATIVE MAINTENANCE FUNDS AS SPECIFIED IN DIVISION (B) OF
SECTION 3318.06 OF THE REVISED CODE.
Sec. 3318.05. The conditional approval of the Ohio school
facilities commission
for a project shall lapse and the amount reserved
and encumbered for such project shall be released unless
the school district board accepts such conditional approval within one
hundred twenty days following the date of certification of
the conditional approval to the school district board and the electors of the
school district vote favorably
on both of the propositions described in divisions
(A) and (B) of this section
within one year of the date of such certification, except that a
school district described in division (C) of this section does not
need to submit the proposition described in division (B) of this
section. The propositions
described in divisions (A) and (B) of this section
shall be combined in a single proposal. If the
district board or the district's electors fail to meet such requirements
and the amount reserved and encumbered for the district's project is
released, the district shall be given first priority for project funding as
such funds become available.
(A) On the question of issuing bonds of the school
district board, for the school district's portion of the basic project
cost, in
an amount equal to the school district's
portion
of the basic project cost LESS ANY DEDUCTION MADE UNDER SECTION 3318.033 OF
THE REVISED CODE; and
(B) On the question of levying a tax the proceeds of
which shall be used to pay the cost of maintaining the
classroom facilities included in the project, except that in any year the
district's three-year average adjusted valuation per pupil is greater
than the state-wide median
three-year average
adjusted valuation per pupil, one-half of the proceeds of the tax shall
be used
for such maintenance and one-half of such proceeds shall be paid to
the state. Such tax shall be at the rate of NOT LESS THAN one-half
mill for
each dollar of valuation until it generates an amount not to exceed the
amount of the project
cost supplied by the
state, but in no case longer than FOR A PERIOD OF twenty-three
years, SUBJECT TO ANY
EXTENSION APPROVED UNDER SECTION 3318.061 OF THE REVISED
CODE.
(C) If a school district has in place a tax levied under section
5705.21 of the Revised Code for general ongoing permanent
improvements of at least two mills for each dollar of valuation and the
proceeds of such tax can be used for maintenance, the school district need not
levy
the additional tax required under division (B) of this section,
provided the school district board includes in the agreement entered into
under section 3318.08 of
the Revised Code provisions earmarking an amount from the
proceeds of that
permanent improvement tax for maintenance of classroom facilities or for
payments to the state
equivalent to the amount of the additional tax and for the
equivalent number of years otherwise required under this section.
(D) Proceeds of the tax to be used for maintenance of
the classroom facilities under either division (B) or (C)
of this section shall be deposited into a separate fund established
by the school district for such purpose.
Sec. 3318.052. NOTWITHSTANDING ANY PROVISION OF DIVISIONS (A),
(B), AND (C) OF SECTION 3318.05
OF THE REVISED CODE TO THE CONTRARY, BY RESOLUTION ADOPTED
BY A
MAJORITY OF ALL ITS MEMBERS, A SCHOOL DISTRICT BOARD MAY OPT TO APPLY THE
PROCEEDS OF TAX LEVIED UNDER SECTION 5705.21
OF THE REVISED CODE FOR GENERAL ONGOING PERMANENT
IMPROVEMENTS
OR THE PROCEEDS OF SCHOOL DISTRICT INCOME TAX LEVIED
UNDER CHAPTER 5748. OF THE REVISED CODE, OR
PROCEEDS FROM A COMBINATION OF THOSE TWO TAXES, IF THE
PROCEEDS OF
SUCH LEVIES MAY LAWFULLY BE USED FOR GENERAL CONSTRUCTION, RENOVATION, REPAIR,
OR MAINTENANCE OF CLASSROOM FACILITIES, IN LIEU OF ALL OR PART OF THE
BONDS AND TAX
LEVIES OTHERWISE REQUIRED UNDER DIVISIONS (A), (B), AND
(C) OF
SECTION 3318.05 OF THE REVISED CODE, TO LEVERAGE BONDS
ADEQUATE TO PAY ALL OR PART OF
THE SCHOOL DISTRICT PORTION OF A PROJECT UNDER SECTIONS 3318.01 TO
3318.20 OF THE REVISED CODE OR TO GENERATE AN AMOUNT
EQUIVALENT TO ALL OR PART OF THE PROCEEDS OF THE TAX REQUIRED UNDER DIVISION
(B)
OF SECTION 3318.05 OF THE REVISED CODE TO BE USED FOR
MAINTENANCE
OF CLASSROOM FACILITIES CONSTRUCTED, RENOVATED, OR REPAIRED UNDER SUCH
PROJECT.
A SCHOOL DISTRICT UNDERTAKING A PROJECT UNDER
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE AND OPTING
TO
APPLY THE PROCEEDS OF THE TAX LEVIES PURSUANT TO THIS SECTION SHALL
BE SUBJECT TO ALL OTHER PROVISIONS OF DIVISIONS (A), (B),
AND
(C) OF SECTION 3318.05 OF THE REVISED CODE AND THE
REQUIREMENT FOR
A SEPARATE MAINTENANCE FUND UNDER DIVISION (D) OF SECTION 3318.05
OF THE REVISED CODE. BONDS ISSUED UNDER THIS SECTION
SHALL BE
CHAPTER 133. SECURITIES, BUT THE ISSUANCE OF THE BONDS SHALL NOT BE
SUBJECT TO A VOTE OF THE ELECTORS OF THE SCHOOL DISTRICT AS LONG AS THE TAX
LEVIES EARMARKED FOR PAYMENT OF THE SERVICE CHARGES ON THE BONDS
MAY LAWFULLY BE USED FOR THAT PURPOSE.
NO STATE MONEYS SHALL BE RELEASED FOR A PROJECT TO WHICH THIS
SECTION APPLIES UNTIL THE PROCEEDS OF ANY BONDS ISSUED UNDER THIS
SECTION THAT ARE DEDICATED FOR THE PAYMENT OF THE SCHOOL
DISTRICT PORTION OF A PROJECT ARE FIRST DEPOSITED INTO THE SCHOOL
DISTRICT'S PROJECT CONSTRUCTION FUND.
Sec. 3318.055. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN SECTIONS
3318.05, 3318.06, 3318.061, 3318.08, 3318.36, 3318.361, AND 3318.38 of the Revised Code, IF
THE AMOUNT OF MONEY THAT WOULD BE RAISED IN A SCHOOL DISTRICT BY THE
TWENTY-THREE YEAR MAINTENANCE TAX SPECIFIED IN THOSE SECTIONS DURING THE FIRST
TWELVE-MONTH PERIOD OF ITS COLLECTION, AS ESTIMATED BY THE DEPARTMENT OF
TAXATION, WOULD BE LESS THAN TEN PER CENT OF THE AMOUNT OF MONEY THAT THE
SCHOOL DISTRICT WAS REQUIRED TO DEPOSIT INTO ITS CAPITAL AND MAINTENANCE FUND
DURING THE MOST RECENT FISCAL YEAR UNDER SECTION 3315.18 of the Revised Code, THE SCHOOL
DISTRICT SHALL NOT BE REQUIRED TO INCLUDE SUCH MAINTENANCE TAX ON A BALLOT
PROPOSAL, AS OTHERWISE REQUIRED UNDER SECTIONS 3318.05, 3318.06, 3318.061,
3318.08, 3318.36, 3318.361, AND 3318.38 of the Revised Code.
Sec. 3318.06. After receipt of the conditional approval of
the Ohio school facilities
commission, the school district board by a
majority of all of its members shall, if it desires to proceed
with the project, declare all of the following by resolution:
(A) That by issuing bonds in an amount equal to the school
district's portion of
the basic project cost, INCLUDING BONDS PREVIOUSLY AUTHORIZED BY THE
DISTRICT'S ELECTORS AS DESCRIBED IN SECTION 3318.033 OF THE REVISED
CODE, the district is unable to
provide adequate
classroom facilities without assistance from the state;
(B) That UNLESS THE SCHOOL DISTRICT BOARD HAS RESOLVED TO APPLY THE
PROCEEDS OF A PROPERTY TAX OR THE PROCEEDS OF AN INCOME
TAX, OR A COMBINATION OF PROCEEDS FROM SUCH TAXES, AS AUTHORIZED UNDER SECTION
3318.052 of the Revised Code, THAT to qualify for such state assistance it is
necessary to do either of the following:
(1) Levy a tax outside the ten-mill limitation the
proceeds of which shall be used to pay the cost of
maintaining the classroom facilities included in the project, except that
in
any year the district's three-year average adjusted valuation per pupil
is greater than the statewide median three-year
average adjusted valuation per pupil, one-half of the proceeds of
the tax shall be used for such maintenance and one-half of such proceeds shall
be paid to the state;
(2) Earmark for maintenance of classroom facilities or for
payments to the state from the proceeds of an existing permanent
improvement
tax levied under section
5705.21 of the Revised Code, if such tax is of at least two
mills for each dollar of valuation and can be used for maintenance, an amount
equivalent to the amount of the additional tax otherwise required under this
section and
sections 3318.05 and 3318.08 of the Revised Code.
(C) That the question of any tax levy specified in a
resolution described in division (B)(1) of this section, IF
REQUIRED, shall be
submitted
to the electors of the school district at the next general or
primary election, if there be a general or primary election not
less than seventy-five and not more than ninety-five days after
the day of the adoption of such resolution or, if not, at a
special election to be held at a time specified in the resolution
which shall be not less than seventy-five days after the day of
the adoption of the resolution and which shall be in accordance
with the requirements of section 3501.01 of the Revised Code.
Such resolution shall also state that
the question of issuing bonds of the board shall be combined in a
single proposal with the question of such tax levy. More than
one election under this section may be held in any one calendar
year. Such resolution shall specify both of the following:
(1) That the rate which it is necessary to levy shall be at the rate of
NOT LESS THAN one-half mill for each one dollar of valuation,
and
that such tax shall be levied until it
generates an
amount not to exceed the amount of the project cost
supplied by the state, but in no case
longer than FOR A PERIOD OF twenty-three years;
(2) That the proceeds of the tax shall be used to pay the cost of
maintaining the classroom facilities included in the project, except in any
year the district's three-year average adjusted valuation per pupil is
greater than the statewide
median three-year average adjusted valuation per pupil, one-half
of the proceeds of the tax shall
be used for such maintenance and one-half of the proceeds of the tax shall be
paid to the state.
A copy of such resolution shall after its passage and not less than
seventy-five days prior to the date set therein for the election
be certified to the county board of elections.
The resolution of the
school district board, in addition to meeting other applicable
requirements of section 133.18 of the Revised Code, shall state
that the amount of bonds to be issued will be an amount equal to the
school district's portion of the basic project
cost, and state
the maximum maturity of the bonds which, notwithstanding
section 133.20 of the Revised Code, may be any number of years
not exceeding twenty-three as determined by the board. In
estimating the amount of bonds to be issued, the board shall take
into consideration the amount of moneys then in the bond
retirement fund and the amount of moneys to be collected for and
disbursed from the bond retirement fund during the remainder of
the year in which the resolution of necessity is adopted.
Notice of the election shall include the fact that the tax
levy shall be at the rate of NOT LESS THAN one-half mill for each one
dollar of
valuation,
that the levy shall be made until it generates an amount not to exceed the
amount of the project cost supplied by the state, but
in no case longer than FOR A PERIOD OF twenty-three years, and that
the proceeds of
the tax shall be used to pay the cost of
maintaining the classroom facilities included in the project, except in any
year the district's three-year average adjusted valuation per pupil is
greater than the statewide
median three-year average adjusted valuation per pupil, one-half
of the proceeds of the tax shall
be used for such maintenance and one-half of the proceeds of the tax shall be
paid to the state.
The form of the ballot to be used at such election shall
be:
"A majority affirmative vote is necessary for passage.
Shall bonds be issued by the
............ (here insert name of school district)
school district to pay the local share of school construction under the
State of Ohio Classroom Facilities Assistance Program in the
principal amount of ............ (here insert principal amount of
the bond issue), to be repaid annually over a maximum period of
............ (here insert the maximum number of years over which
the principal of the bonds may be paid) years, and an annual levy
of property taxes be made outside the ten-mill limitation,
estimated by the county auditor to average over the repayment
period of the bond issue ............ (here insert the number of
mills estimated) mills for each one dollar of tax valuation, which
amounts to ............ (rate expressed in cents or dollars and
cents, such as "thirty-six cents" or "$0.36") for each one hundred
dollars of tax valuation to pay the annual debt charges on the
bonds and to pay debt charges on any notes issued in anticipation
of the bonds?"
and, unless the additional levy
of taxes is not required pursuant
to division (C) of section
3318.05 of the Revised Code,
"Shall an additional levy of taxes be made for a period not to
1xceed OF twenty-three years to benefit the ............
(here insert name of school district) school district, the proceeds of
which shall be used to pay the cost of
maintaining the classroom facilities included in the project, except that
in
any year the district's three-year average adjusted valuation per pupil
is greater than the
statewide median three-year average adjusted
valuation per pupil,
one-half of the proceeds of the
tax shall be used for such maintenance and one-half of such proceeds shall be
paid to the state, at the rate of .......... (HERE INSERT THE
NUMBER OF MILLS, WHICH SHALL NOT BE LESS THAN one-half mill)
MILLS for each one
dollar of
valuation?
_______________________________________________ | |
FOR THE BOND ISSUE AND TAX LEVY | |
_______________________________________________ | |
AGAINST THE BOND ISSUE AND TAX LEVY | |
_______________________________________________ | " |
(D) If it is necessary for the school district to acquire a site for the
classroom facilities to be acquired pursuant to sections 3318.01 to 3318.20 of
the Revised Code, the district board may propose either to issue bonds of the
board or to levy a tax to pay for the acquisition of such site, and may
combine the question of doing so with the questions specified in division (C)
of this section. Bonds issued under this division for the purpose of
acquiring a site are a general obligation of the school district and are
Chapter 133. securities.
The form of that portion of the ballot to include the question of either
issuing bonds or levying a tax for site acquisition purposes shall be one of
the following:
(1) "Shall bonds be issued by the
............ (here insert name of the school district) school district
to pay costs of acquiring a site for classroom facilities
under the State of Ohio Classroom
Facilities Assistance Program
in the principal amount of .......... (here insert principal amount of
the bond issue), to be repaid annually over a maximum period of ..........
(here insert maximum
number of years over which the principal of the bonds may be paid) years, and
an annual levy of property taxes be made outside the ten-mill limitation,
estimated by the county auditor to average over the repayment period of the
bond issue .......... (here insert number of mills) mills for each one
dollar of tax valuation, which amount to .......... (here insert rate
expressed in cents or dollars and cents, such as "thirty-six
cents" or "$0.36") for each one hundred dollars of valuation
to pay the annual debt charges on the bonds and to pay debt charges on any
notes issued in anticipation of the bonds?"
(2) "Shall an additional levy of taxes outside the ten-mill limitation
be made for the benefit of the .......... (here insert name of the
school district) .......... school district for the purpose of
acquiring a site for classroom facilities in the sum of .........
(here insert annual amount the levy is to produce) estimated by the
county auditor to average ........
(here insert number of mills) mills for each one hundred dollars of
valuation, for a
period of ......... (here insert number of years the millage is to be
imposed) years?"
Where it is necessary to combine the question of issuing bonds of the school
district and levying a tax as described in division (C) of this section with
the question of issuing bonds of the school district for acquisition of a
site, the question specified in division (C) of this section to be voted on
shall be "For the Bond Issues and the Tax Levy" and "Against the Bond Issues
and the Tax Levy."
Where it is necessary to combine the question of issuing bonds of the school
district and levying a tax as described in division (C) of this section with
the question of levying a tax for the acquisition of a site, the question
specified in division (C) of this section to be voted on shall be "For the
Bond Issue and the Tax Levies" and "Against the Bond Issue and the Tax
Levies."
If a majority of those voting upon a proposition hereunder
which includes the question of issuing bonds vote in favor
thereof, and if the agreement provided for by section 3318.08 of
the Revised Code has been entered into, the school district board
may proceed under Chapter 133. of the Revised Code, with the
issuance of bonds or bond anticipation notes in accordance with
the terms of the agreement.
Sec. 3318.061. THIS SECTION APPLIES ONLY TO SCHOOL DISTRICTS
ELIGIBLE TO RECEIVE ADDITIONAL ASSISTANCE UNDER DIVISION (B)(2) OF
SECTION 3318.04 OF THE REVISED CODE AND TO BIG EIGHT
DISTRICTS SEGMENTING PROJECTS UNDER SECTION 3318.38 of the Revised Code.
THE BOARD OF EDUCATION OF A SCHOOL DISTRICT IN WHICH A TAX
DESCRIBED BY DIVISION (B) OF SECTION 3318.05 AND LEVIED UNDER
SECTION 3318.06 of the Revised Code IS IN EFFECT, MAY ADOPT A
RESOLUTION BY VOTE OF A MAJORITY OF ITS MEMBERS TO EXTEND THE TERM OF THAT TAX
BEYOND THE EXPIRATION OF THAT TAX AS ORIGINALLY
APPROVED UNDER THAT SECTION. THE SCHOOL DISTRICT BOARD MAY
INCLUDE IN THE RESOLUTION A PROPOSAL TO EXTEND THE TERM OF THAT
TAX AT THE RATE OF NOT LESS THAN ONE-HALF MILL FOR EACH DOLLAR OF VALUATION
FOR A PERIOD OF TWENTY-THREE YEARS FROM THE YEAR IN WHICH THE
SCHOOL DISTRICT BOARD AND THE OHIO SCHOOL FACILITIES
COMMISSION ENTER INTO AN AGREEMENT UNDER DIVISION (B)(2) OF
SECTION 3318.04 of the Revised Code OR IN THE FOLLOWING YEAR, AS
SPECIFIED IN THE RESOLUTION OR, AS APPLICABLE IN THE CASE OF A DISTRICT
SEGMENTING A PROJECT UNDER SECTION 3318.38 of the Revised Code, FROM THE YEAR IN WHICH THE
LAST SEGMENT IS UNDERTAKEN. SUCH A RESOLUTION MAY BE ADOPTED AT ANY TIME
BEFORE SUCH AN AGREEMENT IS ENTERED INTO AND BEFORE THE
TAX LEVIED PURSUANT TO SECTION 3318.06 of the Revised Code
EXPIRES. IF THE RESOLUTION IS COMBINED WITH A RESOLUTION TO ISSUE BONDS TO
PAY THE SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT
COST, IT SHALL CONFORM WITH THE REQUIREMENTS OF DIVISIONS (A),
(B),
AND (C) OF SECTION 3318.06 OF THE REVISED CODE,
EXCEPT THAT THE
RESOLUTION ALSO SHALL STATE THAT THE TAX LEVY PROPOSED IN THE
RESOLUTION IS AN EXTENSION OF AN EXISTING TAX LEVIED UNDER THAT
SECTION. A RESOLUTION PROPOSING AN EXTENSION ADOPTED UNDER THIS
SECTION DOES NOT TAKE EFFECT UNTIL IT IS APPROVED BY A MAJORITY OF
ELECTORS VOTING IN FAVOR OF THE RESOLUTION AT A GENERAL, PRIMARY,
OR SPECIAL ELECTION AS PROVIDED IN THIS SECTION.
A TAX LEVY EXTENDED UNDER THIS SECTION IS SUBJECT TO THE SAME
TERMS AND LIMITATIONS TO WHICH THE ORIGINAL TAX LEVIED UNDER SECTION
3318.06 of the Revised Code IS SUBJECT UNDER THAT SECTION, EXCEPT
THE TERM OF THE EXTENSION SHALL BE AS SPECIFIED IN THIS SECTION.
THE SCHOOL DISTRICT BOARD SHALL CERTIFY A COPY OF THE RESOLUTION
ADOPTED UNDER THIS SECTION TO THE PROPER COUNTY BOARD OF ELECTIONS NOT
LATER THAN SEVENTY-FIVE DAYS BEFORE THE DATE SET IN THE RESOLUTION AS
THE DATE OF THE ELECTION AT WHICH THE QUESTION WILL BE SUBMITTED
TO ELECTORS. THE NOTICE OF THE ELECTION SHALL CONFORM WITH THE
REQUIREMENTS OF DIVISION (C) OF SECTION 3318.06 of the Revised Code, EXCEPT THAT THE
NOTICE ALSO SHALL
STATE THAT THE MAINTENANCE TAX LEVY IS AN EXTENSION OF AN EXISTING TAX
LEVY.
THE FORM OF THE BALLOT SHALL BE AS FOLLOWS:
"SHALL THE EXISTING TAX LEVIED TO PAY THE COST OF MAINTAINING
CLASSROOM FACILITIES CONSTRUCTED WITH THE PROCEEDS OF
THE PREVIOUSLY
ISSUED BONDS AT THE RATE OF .......... (HERE INSERT THE NUMBER OF MILLS, WHICH
SHALL NOT BE LESS THAN ONE-HALF MILL) MILLS PER DOLLAR OF TAX VALUATION,
BE EXTENDED
UNTIL ........ (HERE INSERT THE YEAR THAT IS TWENTY-THREE YEARS
AFTER THE YEAR IN WHICH THE DISTRICT AND COMMISSION WILL ENTER
INTO AN AGREEMENT UNDER DIVISION (B)(2) OF SECTION 3318.04 OF THE
REVISED CODE OR THE FOLLOWING YEAR)?
__________________________________________________ | |
FOR EXTENDING THE EXISTING TAX LEVY | |
__________________________________________________ | |
AGAINST EXTENDING THE EXISTING TAX LEVY | |
__________________________________________________ | " |
SECTION 3318.07 OF THE REVISED CODE APPLIES TO BALLOT
QUESTIONS UNDER THIS SECTION.
Sec. 3318.08. If the requisite favorable vote on the
election is obtained, OR IF THE SCHOOL DISTRICT BOARD HAS RESOLVED TO APPLY
THE PROCEEDS OF A PROPERTY TAX LEVY OR THE PROCEEDS OF AN
INCOME TAX, OR A COMBINATION OF PROCEEDS FROM SUCH TAXES, AS AUTHORIZED IN
SECTION 3318.052 of the Revised Code, the Ohio
school facilities commission, upon
certification TO IT of EITHER the results of the election to
it OR THE RESOLUTION UNDER SECTION 3318.052 of the Revised Code, shall enter
into a written agreement with the school district board for the
construction and sale of the project, which agreement shall
include, but need not be limited to, the following provisions:
(A) The sale and issuance of bonds or notes in
anticipation thereof, as soon as practicable after the execution
of the agreement, in an amount equal to the
school district's portion of the basic
project cost, INCLUDING ANY BONDS PREVIOUSLY AUTHORIZED BY THE
DISTRICT'S ELECTORS AS DESCRIBED IN SECTION 3318.033 OF THE REVISED
CODE; provided, that if at that time the county treasurer
of each
county in which the school district is located has not commenced
the collection of taxes on the general duplicate of real and
public utility property for the year in which the
controlling board approved the project, the school district board
shall authorize the issuance of a first installment of bond
anticipation notes in an amount specified by the agreement, which
amount shall not exceed an amount necessary to raise the net
bonded indebtedness of the school district as of the date of
the controlling board's approval to within
five thousand dollars of the
required level of indebtedness for the preceding year. In the
event that a first installment of bond anticipation notes is
issued, the school district board shall, as soon as practicable
after the county treasurer of each county in which the school
district is located has commenced the collection of taxes on the
general duplicate of real and public utility property for the
year in which the controlling board approved the project,
authorize the issuance of a second and
final installment of bond anticipation notes or a first and final
issue of bonds.
The combined value of the first and second
installment of bond anticipation notes or the value of the first
and final issue of bonds shall be equal to the
school district's portion of the
basic project cost. The proceeds of any such bonds shall be used
first
to
retire any bond anticipation notes. Otherwise, the proceeds of
such bonds and of any bond anticipation notes, except the premium
and accrued interest thereon, shall be deposited in the school
district's project construction fund. In determining the amount
of net bonded indebtedness for the purpose of fixing the amount of an
issue of either bonds or bond anticipation notes, gross
indebtedness shall be reduced by moneys in the bond retirement
fund only to the extent of the moneys therein on the first day of
the year preceding the year in which the controlling board approved the
project. Should there be
a decrease in the tax valuation of
the school district so that the amount of indebtedness
that can
be incurred on the tax duplicates for the year in which the
controlling board approved the project is
less than the amount of the first installment of bond
anticipation notes, there shall be paid from the school
district's project construction fund to the school
district's
bond retirement fund to be applied against such notes an amount
sufficient to cause the net bonded indebtedness of the school district,
as of the first day of the year following the year in which the
controlling board approved the project,
to be within five thousand dollars of the required level of
indebtedness for the year in which the
controlling board approved the project. The
maximum
amount of indebtedness to be incurred by any school
district board as its share of the cost of the project is either
an amount that will cause its net bonded
indebtedness, as of the first
day of the year following the year in which the controlling board
approved the project, to be
within five thousand dollars of the required level of
indebtedness,
or
an amount equal to the required percentage of the basic project costs,
whichever is greater. All bonds and bond anticipation notes
shall be issued in accordance with Chapter 133. of the Revised
Code, and notes may be renewed as provided in section 133.22 of
the Revised Code.
(B)(1) The transfer of such funds of the school district
board available for the project, together with the proceeds of
the sale of the bonds or notes, except premium, accrued interest,
and interest included in the amount of the issue, to the school
district's project construction fund;
(2) IF SECTION 3318.052 of the Revised Code APPLIES, THE EARMARKING OF THE
PROCEEDS OF A TAX LEVIED UNDER SECTION 5705.21 of the Revised Code FOR GENERAL
ONGOING PERMANENT IMPROVEMENTS OR THE PROCEEDS OF A SCHOOL DISTRICT
INCOME TAX LEVIED UNDER CHAPTER 5748. of the Revised Code, OR THE PROCEEDS FROM A
COMBINATION OF THOSE TWO TAXES, IN AN AMOUNT TO PAY ALL OR PART OF THE SERVICE
CHARGES ON BONDS ISSUED TO PAY THE SCHOOL DISTRICT PORTION OF THE PROJECT AND
AN AMOUNT EQUIVALENT TO ALL OR PART OF THE TAX REQUIRED UNDER DIVISION
(B) OF
SECTION 3318.05 of the Revised Code.
(C) Either IF SECTION 3318.052 of the Revised Code DOES NOT APPLY, EITHER of
the following:
(1) The levy of the tax authorized at the election for the
payment of maintenance costs or payments to the state, as specified in
division (B) of section 3318.05 of the Revised
Code;
(2) If the school district electors have approved a continuing
tax of at least two mills for each dollar of valuation for general ongoing
permanent improvements under
section 5705.21 of the Revised Code and that tax can be
used for maintenance, the earmarking of an amount
of the proceeds from such tax for maintenance of classroom facilities or
payments to the state as specified in division (B) of
section 3318.05 of the Revised Code.
(D) Ownership of or interest in the project during the period of
construction, which shall be divided between the
commission and the
school district board in proportion to their respective
contributions to the school district's project construction
fund;
(E) Maintenance of the state's interest in the
project until any
obligations issued for the project under section 3318.26 of the
Revised Code are no longer outstanding;
(F) The insurance of the project by the school district
from the time there is an insurable interest therein and so long
as the state retains
any ownership or interest in the project pursuant to division (D) of
this
section, in such amounts
and against such risks as the commission shall
require;
provided, that the cost of any required insurance until the
project is completed shall be a part of the basic project cost;
(G) The certification by the director of budget and
management that funds are available and have been set aside to
meet the state's share of the basic project cost as approved
by the controlling board pursuant to section 3318.04 of the
Revised Code;
(H) Authorization of the school district board to
advertise for and receive construction bids for the project, for
and on behalf of the commission, and to award
contracts in the
name of the state subject to approval by the commission;
(I) Provisions for the disbursement of moneys from the
school district's project account upon issuance by the
commission or the commission's designated representative of vouchers
for
work done to
be certified to the commission by the treasurer
of the
school district board;
(J) Disposal of any balance left in the school district's
project construction fund upon completion of the
project;
(K) Limitations upon use of the project or any part of it
so long as any obligations
issued to finance the project under section 3318.26 of the Revised
Code are outstanding;
(L) Provision for vesting the state's interest in the project
to the school district board when the
obligations issued to finance the project under section 3318.26 of the
Revised Code are outstanding;
(M) Provision for deposit of an executed copy of the
agreement in the office of the commission;
(N) Provision for termination of the contract and release
of the funds encumbered at the time of the conditional approval,
if the proceeds of the sale of the bonds of the school district
board are not paid into the school district's project
construction fund and if bids for the construction of
the project have not been taken within such period after the
execution of the agreement as may be fixed by the
commission;
(O) Provision for the school district to maintain the
project in
accordance with a plan approved by the commission;
(P) Provision that all
state funds reserved and encumbered to pay the state share of
the cost of the project pursuant to section 3318.03 of the
Revised Code be spent on the
construction or acquisition of the project prior to the
expenditure of any funds provided by the school district to pay
for its share of the project cost, unless the school district
certifies to the commission that expenditure by the school district is
necessary to maintain the tax-exempt status of notes or bonds issued by the
school district to pay for its share of the project cost in which case, the
school district may commit to spend, or spend, a portion of the funds it
provides;
(Q) A provision stipulating that the commission may prohibit the
district from proceeding with any project if the commission determines that
the site is not suitable for construction purposes. The commission may
perform soil tests in its determination of whether a site is appropriate for
construction purposes.
Sec. 3318.084. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN
CHAPTER 3318. OF
THE REVISED CODE, A SCHOOL DISTRICT BOARD MAY APPLY ANY
LOCAL DONATED CONTRIBUTION TOWARD THE DISTRICT'S PORTION OF THE BASIC PROJECT
COST OF A PROJECT UNDER SECTIONS 3318.01 TO
3318.20 OF THE REVISED CODE AND MAY USE SUCH LOCAL DONATED
CONTRIBUTION TO REDUCE THE AMOUNT OF BONDS THE DISTRICT OTHERWISE MUST ISSUE
IN ORDER TO RECEIVE STATE ASSISTANCE UNDER THOSE
SECTIONS.
AS USED IN THIS SECTION, "LOCAL DONATED CONTRIBUTION"
MEANS EITHER OF THE FOLLOWING:
(A) ANY MONEYS IRREVOCABLY DONATED OR GRANTED TO A SCHOOL
DISTRICT BOARD BY A SOURCE OTHER THAN THE STATE WHICH
THE BOARD HAS THE AUTHORITY TO APPLY TO THE SCHOOL DISTRICT'S PROJECT
UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE AND
WHICH THE BOARD HAS PLEDGED FOR THAT PURPOSE BY RESOLUTION ADOPTED BY A
MAJORITY OF ITS MEMBERS;
(B) ANY IRREVOCABLE LETTER OF CREDIT ISSUED ON BEHALF OF A SCHOOL
DISTRICT OR ANY CASH A SCHOOL DISTRICT HAS ON HAND,
INCLUDING ANY YEAR-END OPERATING FUND BALANCES, THAT CAN BE SPENT FOR
CLASSROOM
FACILITIES, EITHER OF WHICH THE
SCHOOL DISTRICT BOARD HAS ENCUMBERED FOR PAYMENT OF THE SCHOOL DISTRICT'S
SHARE OF ITS PROJECT UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED
CODE AND EITHER OF WHICH HAS BEEN APPROVED BY THE OHIO
SCHOOL FACILITIES COMMISSION IN CONSULTATION WITH THE DEPARTMENT OF
EDUCATION.
NO STATE MONEYS SHALL BE RELEASED FOR A PROJECT TO WHICH THIS
SECTION APPLIES UNTIL ANY DONATED LOCAL CONTRIBUTION AUTHORIZED UNDER
THIS SECTION IS FIRST DEPOSITED INTO THE SCHOOL DISTRICT'S PROJECT
CONSTRUCTION FUND.
Sec. 3318.085. (A) AS USED IN THIS SECTION, "ELIGIBLE SCHOOL
DISTRICT" MEANS A SCHOOL DISTRICT THAT IS ELIGIBLE FOR STATE ASSISTANCE
UNDER CHAPTER 3318. OF THE REVISED CODE, AND FOR
WHICH THE
AMOUNT OF BOND MONEY THAT WILL BE USED TO RAISE THE SCHOOL DISTRICT'S
PORTION OF THE BASIC PROJECT COST OF A CLASSROOM FACILITIES PROJECT UNDER THAT
CHAPTER IS NOT GREATER THAN TEN MILLION DOLLARS.
(B) NOTWITHSTANDING ANY PROVISION OF THE REVISED
CODE
TO THE CONTRARY, BEGINNING JANUARY 1, 2001, SOLELY FOR THE PURPOSE OF
ACQUIRING CLASSROOM FACILITIES
UNDER ANY PROGRAM AUTHORIZED IN CHAPTER 3318. OF THE
REVISED CODE, THE BOARDS OF
EDUCATION OF TWO OR MORE ELIGIBLE SCHOOL DISTRICTS
MAY ENTER INTO AN
AGREEMENT WITH THE TREASURER OF STATE, UNDER WHICH THE TREASURER OF STATE
SHALL, PURSUANT TO SECTION 135.143 of the Revised Code, COMBINE INTO A SINGLE POOL THE
BONDS THAT HAVE BEEN
APPROVED FOR EACH SCHOOL DISTRICT BY ITS ELECTORS. ANY BONDS ISSUED UNDER
SUCH AN AGREEMENT SHALL
BE CHAPTER 133. SECURITIES. THE LIABILITY OF ANY SCHOOL DISTRICT
UNDER THE AGREEMENT SHALL NOT
EXCEED
THE AMOUNT NECESSARY TO PAY THE PRINCIPAL AND INTEREST ON
THAT SCHOOL DISTRICT'S PORTION OF THE COST OF ACQUIRING THE CLASSROOM
FACILITIES
APPROVED FOR THE SCHOOL DISTRICT UNDER CHAPTER 3318. OF THE
REVISED CODE PLUS ITS SHARE OF
THE FINANCING COSTS ASSOCIATED WITH THE ISSUANCE OF BONDS UNDER THE
AGREEMENT. THE CUMULATIVE TOTAL
INDEBTEDNESS ISSUED FOR ALL SCHOOL DISTRICTS COMBINED UNDER THE AGREEMENT
SHALL NOT BE LESS THAN TEN
MILLION DOLLARS. THE AGREEMENT AND ANY BONDS
ISSUED IN ACCORDANCE WITH THE AGREEMENT SHALL HOLD THE STATE
HARMLESS FOR ANY LIABILITY OR OBLIGATION INCURRED BY A SCHOOL
DISTRICT UNDER THE AGREEMENT OR BONDS. THE TREASURER OF STATE MAY EMPLOY THE
SERVICES OF A NEGOTIATING UNDERWRITER FOR NEGOTIATION OF ANY BOND POOL UNDER
THIS SECTION. THE TREASURER OF STATE SHALL NOT ENTER INTO MORE THAN TWO
AGREEMENTS UNDER THIS SECTION IN ANY FISCAL YEAR.
Sec. 3318.11. For any project for which the state's
portion of the basic project cost exceeds forty TWENTY-FIVE
million dollars,
the amount of state appropriations to be encumbered for the
project in each fiscal biennium shall be determined by the Ohio
school facilities commission based on the project's estimated construction
schedule for that biennium. In each fiscal biennium subsequent to the first
biennium in which state appropriations are encumbered for the project, the
project has priority for state funds over projects for which initial state
funding is sought.
Sec. 3318.13. Notwithstanding any provision of sections
5705.27 to 5705.50 of the Revised Code, the tax to be levied on
all taxable property within a school district for the purpose of paying the
cost of maintaining the classroom facilities included in the project or
for paying the state under the
agreement provided in section 3318.08 of the Revised Code or the
supplemental agreement provided in section 3318.081 of the
Revised Code shall be included in the budget of the school
district for each year upon the certification to the county
budget commission or commissions of the county or counties in
which said school district is located, by the Ohio school facilities
commission of the balance
due the state under said agreement or
supplemental agreement. Such certification shall be made on or
before the fifteenth day of July in each year. Thereafter, the
respective county budget commissions shall treat such
certification as an additional item on the tax budget for the
school district as to which such certification has been made and
shall provide for the levy therefor in the manner provided in
sections 5705.27 to 5705.50 of the Revised Code for tax levies
included directly in the budgets of the subdivisions.
The levy of taxes shall be included in the next annual tax
budget that is certified to the county budget commission after
the execution of the agreement for the project.
Sec. 3318.14. Notwithstanding the provision of section 321.31 of the Revised
Code, immediately after each settlement with the county auditor, on
presentation of the warrant of the county auditor therefor, the county
treasurer shall pay to the school district the proceeds of the tax levy
provided in section 3318.13 of the Revised Code to be used to pay the cost of
maintaining the
classroom facilities included in the project and pay to the
Ohio school facilities commission
any proceeds of the tax levy provided in section 3318.13 of the Revised Code
to be paid to the state.
Sec. 3318.15. There is hereby created the public school
building fund within the state treasury consisting of all moneys
received from payments to the state pursuant to division
(C) of section 3318.08 of the Revised Code, any moneys
transferred or appropriated to the fund by the general assembly,
and any grants, gifts, or contributions received by the Ohio school
facilities commission to be used for the purposes of the fund.
All investment earnings of the fund shall be credited to the fund.
Moneys transferred or appropriated to the fund by the general
assembly and moneys in the fund from grants, gifts, and contributions shall be
used for the purposes of
sections 3318.01 to 3318.20 of the Revised Code. The moneys in the fund
received from payments to the state pursuant to division (C) of
section 3318.08 of the Revised Code shall be held in a separate account in the fund.
Such
moneys may be used partially for
the purposes
of sections
3318.01 to 3318.20 of the Revised Code and partially to pay bond service charges as
defined in division (C) of section 3318.21 of the Revised Code on
obligations.
Sec. 3318.31. (A) The Ohio school facilities
commission may perform any act and ensure the performance of any
function necessary or appropriate to carry out the purposes of,
and exercise the powers granted under, sections 3318.01 to
3318.33 and section 3318.36 CHAPTER 3318. of the
Revised Code, including any
of the
following:
(1) Employ and fix the
compensation of such employees
as will facilitate the activities and purposes of the
commission, and who shall serve at the pleasure of the commission.
(2) Adopt, amend, and
rescind, pursuant to section 111.15 of the
Revised Code, rules for the
administration of sections 3318.01 to 3318.33 and section
3318.36 PROGRAMS AUTHORIZED UNDER CHAPTER 3318.
of the
Revised Code.
(3) Contract with,
retain the services of, or designate, and fix the compensation
of, such agents, accountants, consultants, advisers,
and other independent contractors as may be necessary or
desirable to carry out the purposes of sections 3318.01 to
3318.33 and section 3318.36 PROGRAMS AUTHORIZED UNDER
CHAPTER 3318. of the Revised Code.
(4) Receive and accept
any gifts, grants, donations, and pledges, and receipts
therefrom, to be used for the purposes of sections 3318.01 to
3318.33 and section 3318.36 PROGRAMS AUTHORIZED UNDER
CHAPTER 3318. of the Revised Code.
(5) Make and enter into
all contracts, commitments, and agreements, and execute all
instruments, necessary or incidental to the performance of its
duties and the execution of its rights and powers under sections
3318.01 to 3318.33 and section 3318.36 CHAPTER
3318. of the
Revised Code.
(B) The attorney general shall serve
as the legal representative for the commission and may appoint other counsel
as
necessary for that purpose in accordance with section 109.07 of the
Revised Code.
Sec. 3318.311. NOT LESS THAN SIX MONTHS AFTER THE EFFECTIVE DATE
OF THIS SECTION, THE OHIO SCHOOL FACILITIES COMMISSION SHALL
PRESENT TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT OF THE
SENATE, AND THE GOVERNOR A PROPOSAL FOR
LEGISLATION TO PROVIDE CLASSROOM FACILITIES ASSISTANCE TO JOINT
VOCATIONAL SCHOOL DISTRICTS.
NOT LATER THAN SIX MONTHS AFTER THE EFFECTIVE
DATE OF THIS SECTION, THE COMMISSION SHALL ESTABLISH DESIGN SPECIFICATIONS FOR
CLASSROOM FACILITIES THAT ARE
APPROPRIATE FOR JOINT VOCATIONAL EDUCATION PROGRAMS. THE
SPECIFICATIONS SHALL PROVIDE STANDARDS FOR APPROPRIATE PUPIL
INSTRUCTION SPACE BUT SHALL NOT INCLUDE STANDARDS FOR ANY
VOCATIONAL EDUCATION FURNISHINGS OR EQUIPMENT THAT IS NOT COMPARABLE TO, OR
THE VOCATIONAL EDUCATION EQUIVALENT OF, THE
FURNISHINGS OR EQUIPMENT FOR
WHICH ASSISTANCE IS AVAILABLE TO OTHER SCHOOL DISTRICTS UNDER
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE.
Sec. 3318.351.(A) AS USED IN THIS SECTION:
(1) "CLASSROOM FACILITIES" HAS THE SAME MEANING AS IN SECTION
3318.01 OF THE REVISED CODE.
(2) "EMERGENCY PROJECT" MEANS RECONSTRUCTION OR RENOVATION OF OR
REPAIR TO ANY CLASSROOM FACILITIES MADE NECESSARY BECAUSE OF DAMAGE DUE
TO AN ACT OF GOD.
(3) "ELIGIBLE SCHOOL DISTRICT" MEANS ANY SCHOOL DISTRICT IN THE
FIRST THROUGH ONE-HUNDREDTH PERCENTILES AS DETERMINED UNDER SECTION
3318.011 OF THE REVISED CODE.
(B)(1) THERE IS HEREBY ESTABLISHED THE SCHOOL BUILDING EMERGENCY
ASSISTANCE PROGRAM, UNDER WHICH THE OHIO SCHOOL FACILITIES
COMMISSION SHALL DISTRIBUTE GRANTS TO ELIGIBLE SCHOOL DISTRICTS FROM MONEYS
SPECIFICALLY
APPROPRIATED BY THE GENERAL ASSEMBLY FOR THE PURPOSES OF THIS SECTION TO
ASSIST IN EMERGENCY
PROJECTS. ANY ASSISTANCE UNDER THIS SECTION SHALL BE USED TO PAY
THE COST OF ONLY THE PORTION OF AN EMERGENCY PROJECT THAT IS NOT
COVERED BY INSURANCE OR OTHER PUBLIC OR PRIVATE EMERGENCY
ASSISTANCE RECEIVED BY OR PAYABLE TO THE SCHOOL DISTRICT. ANY
DAMAGE TO CLASSROOM FACILITIES CAUSED BY AGE OF THE FACILITIES OR
BY LACK OF TIMELY MAINTENANCE TO THE FACILITIES SHALL NOT
CONSTITUTE DAMAGE THAT IS SUBJECT TO ASSISTANCE UNDER THIS
SECTION.
(2) THE COMMISSION SHALL ESTABLISH PROCEDURES AND DEADLINES FOR
ELIGIBLE SCHOOL DISTRICTS TO FOLLOW IN APPLYING FOR ASSISTANCE UNDER
THIS SECTION. THE COMMISSION SHALL CONSIDER SUCH APPLICATIONS ON
A CASE-BY-CASE BASIS TAKING INTO ACCOUNT THE AMOUNT OF MONEYS
AVAILABLE UNDER THIS SECTION.
(3) EVERY EFFORT SHALL BE MADE TO CONFORM AN EMERGENCY PROJECT TO
DESIGN SPECIFICATIONS ADOPTED BY THE COMMISSION, INCLUDING MINIMUM
CAPACITY REQUIREMENTS ADOPTED UNDER SECTION 3318.03 OF THE REVISED
CODE, UNLESS IN THE JUDGMENT OF THE COMMISSION IT IS NOT POSSIBLE
TO CONFORM THE PROJECT TO SUCH SPECIFICATIONS.
Sec. 3318.36. (A) As used in this section:
(1) "Ohio school facilities commission," "classroom facilities,"
"school district," "school district board," "net bonded indebtedness,"
"required percentage of the basic project costs," "basic project cost,"
"valuation," and "percentile" have the same meanings as in section
3318.01 of the Revised Code.
(2) "Required level of indebtedness" means five per cent of the
school district's valuation for the year preceding the year in which the
commission and school district enter into an agreement under division
(B) of this section, plus [two
one-hundredths of one per cent multiplied by (the percentile in which the
district ranks in the fiscal year the commission and the school district enter
into such agreement minus one)].
(3) "LOCAL RESOURCES" MEANS ANY MONEYS GENERATED IN ANY MANNER
PERMITTED FOR A SCHOOL DISTRICT BOARD TO RAISE THE SCHOOL DISTRICT PORTION OF
A PROJECT UNDERTAKEN
WITH ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED
CODE.
(B)(1) There is hereby established the school building assistance
expedited local partnership program. Under the program, the Ohio
school facilities commission may enter into an agreement with the school
district board of any
school district ranked in the twentieth to fortieth percentiles, as
determined
under section 3318.011 of the Revised Code in the fiscal year that the
commission and
school district board enter into such agreement. Under the agreement,
UNDER WHICH the
school district board may proceed with the new construction or major repairs
of a part of
the school district's classroom facilities needs, as determined under sections
3318.01 to 3318.20 of the Revised Code, through the expenditure
of local resources prior to the school district's eligibility for
state assistance under sections 3318.01 to 3318.20 of the Revised
Code and may apply that expenditure toward meeting
the school district's portion of the basic project cost of the total of the
school
district's classroom facilities needs, as determined under sections 3318.01 to
3318.20 of the Revised Code and as recalculated under division (E) of this
section, that are eligible for state assistance under sections
3318.01 to 3318.20 of the Revised Code when the school
district becomes eligible for such state assistance.
ANY SCHOOL DISTRICT THAT IS REASONABLY EXPECTED TO RECEIVE ASSISTANCE UNDER
SECTIONS 3318.01 TO 3318.20 of the Revised Code WITHIN TWO FISCAL YEARS FROM THE DATE THE
SCHOOL DISTRICT ADOPTS ITS RESOLUTION UNDER DIVISION (B) OF THIS
SECTION SHALL NOT BE ELIGIBLE TO PARTICIPATE IN THE PROGRAM.
The commission may enter into an agreement under this section with no more
than five school districts each year.
(2) To participate in the program, a school district board shall
first
adopt a resolution certifying to the commission the board's intent to
participate in the program.
The commission shall consider school districts for participation in the
program under this section each year in the order in which they adopt the
resolutions required under this section and submit them to the commission.
THE RESOLUTION SHALL SPECIFY THE APPROXIMATE DATE THAT THE BOARD
INTENDS TO SEEK ELECTOR APPROVAL OF ANY BOND OR TAX MEASURES
OR TO APPLY OTHER LOCAL
RESOURCES TO USE TO PAY THE COST OF
CLASSROOM FACILITIES TO BE CONSTRUCTED UNDER THIS SECTION. THE
RESOLUTION SHALL NOT SPECIFY AN ELECTION SOONER THAN TWELVE MONTHS
AFTER THE DATE THE RESOLUTION IS ADOPTED BY THE BOARD. THE BOARD
SHALL SUBMIT ITS RESOLUTION TO THE COMMISSION NOT LATER THAN TEN
DAYS AFTER THE DATE THE RESOLUTION IS ADOPTED BY THE BOARD.
THE COMMISSION SHALL NOT CONSIDER ANY RESOLUTION THAT IS SUBMITTED
PURSUANT TO DIVISION (B)(2) OF THIS SECTION, AS AMENDED BY THIS
AMENDMENT, SOONER THAN THE EFFECTIVE DATE OF THIS AMENDMENT.
(3) Any project under this section shall comply with section 3318.03
of the Revised Code and with any specifications for plans
and materials for classroom facilities adopted by the commission under
section 3318.04 of the Revised Code.
(C) If the commission and a school district board enter into an
agreement authorized under division (B) of this section, the
commission shall conduct on-site visits to the school district and shall
conduct an assessment of
the school district's classroom facilities needs as authorized in section
3318.021 of the Revised Code within six months of the
execution of the agreement. Based on the results of the
on-site visits and assessment CONDUCTED UNDER DIVISION (B)(2) OF
THIS SECTION, the commission shall determine the basic
project cost of the school district's classroom
facilities needs. The commission shall determine the school
district's portion of such basic project cost, which shall be the
greater of:
(1) The required percentage of the basic project costs,
determined based on the school district's percentile ranking in the fiscal
year the commission and the school district enter into the agreement under
division (B) of this section;
(2) An amount necessary to raise the school district's net bonded
indebtedness, as of the fiscal year the commission and the school district
enter into the agreement under division (B) of this section, to
within five thousand dollars of the required level of indebtedness.
(D)(1) When the commission determines the basic project cost of
the classroom facilities needs of a school district and the school district's
portion of that basic
project cost under division (C) of this section,
the project shall be conditionally approved. Such conditional
approval shall be submitted to the controlling board for approval
thereof. The controlling board shall forthwith approve or reject the
commission's determination, conditional approval, and the amount
of the state's portion of the basic project cost; however, no
state funds shall be encumbered under this section. Upon approval
by the controlling board, the school
district board may identify a discrete part of its classroom facilities needs,
which shall include only new construction of or additions or major repairs to
a particular building, to address with local resources. Upon
identifying a part of the school district's basic project cost to
address with local resources, the school district board may
allocate any available school district moneys to pay the cost of
that identified part, including the proceeds of an issuance of bonds if
approved by
the electors of the school district.
All local resources utilized under this division shall first be deposited
in the project construction account required under section 3318.08 of the
Revised Code.
(2) For UNLESS THE SCHOOL DISTRICT BOARD EXERCISES ITS OPTION UNDER
DIVISION (D)(3) OF THIS SECTION, FOR a school district to qualify
for participation in the
program authorized under this section, the EITHER:
(a) THE electors of the school
district by a majority vote shall approve the levy of taxes outside the
ten-mill limitation for a period not to exceed OF twenty-three
years
at the rate of NOT LESS THAN one-half mill for each dollar of valuation
to be
used to pay the cost of maintaining the classroom facilities
included in the basic project cost as determined by the commission.
The form
of the ballot to be used to
submit the question whether to approve the tax required under this
division to the electors of the school district shall be the form
for an additional levy of taxes prescribed in division (C) of
section 3318.06 3318.361 of the Revised Code. Proceeds of
this
additional levy of taxes
(b) AS
AUTHORIZED UNDER DIVISION (C) OF SECTION 3318.05 OF THE
REVISED CODE, THE SCHOOL DISTRICT
BOARD SHALL EARMARK FROM THE PROCEEDS OF A PERMANENT IMPROVEMENT TAX LEVIED
UNDER SECTION 5705.21
OF THE REVISED CODE, AN AMOUNT EQUIVALENT TO THE ADDITIONAL
TAX
OTHERWISE REQUIRED UNDER DIVISION (D)(2)(a) OF THIS
SECTION FOR
THE MAINTENANCE OF THE CLASSROOM FACILITIES INCLUDED IN THE BASIC PROJECT COST
AS DETERMINED BY THE COMMISSION.
(3) A SCHOOL DISTRICT BOARD MAY OPT TO DELAY LEVYING THE
ADDITIONAL TAX REQUIRED UNDER DIVISION (D)(2)(a)
OF THIS SECTION
OR EARMARKING OF THE PROCEEDS OF A PERMANENT IMPROVEMENT TAX
ALTERNATIVELY REQUIRED UNDER DIVISION (D)(2)(b) OF
THIS SECTION
UNTIL SUCH TIME AS THE SCHOOL DISTRICT BECOMES ELIGIBLE FOR STATE
ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED
CODE. IN ORDER TO EXERCISE ITS OPTION UNDER THIS DIVISION, THE
BOARD SHALL CERTIFY TO THE COMMISSION A RESOLUTION INDICATING THE BOARD'S
INTENT TO DO SO PRIOR TO
ENTERING INTO AN AGREEMENT UNDER DIVISION (B) OF THIS SECTION.
(4) IF PURSUANT TO DIVISION (D)(3) OF THIS SECTION A DISTRICT
BOARD
OPTS TO DELAY LEVYING AN ADDITIONAL TAX UNTIL THE DISTRICT BECOMES ELIGIBLE
FOR STATE ASSISTANCE, IT SHALL SUBMIT THE QUESTION OF LEVYING
THAT TAX TO THE DISTRICT ELECTORS AS FOLLOWS:
(a) IN ACCORDANCE WITH SECTION 3318.06 OF THE REVISED
CODE IF IT
WILL ALSO BE NECESSARY PURSUANT TO DIVISION (E) OF THIS SECTION TO
SUBMIT A PROPOSAL FOR APPROVAL OF A BOND ISSUE;
(b) IN ACCORDANCE WITH SECTION 3318.361 OF THE REVISED
CODE IF IT
IS NOT NECESSARY TO ALSO SUBMIT A PROPOSAL FOR APPROVAL OF A BOND ISSUE
PURSUANT TO DIVISION (E) OF THIS SECTION.
(5)
NO
STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED
CODE SHALL BE RELEASED UNTIL A SCHOOL DISTRICT
BOARD THAT ADOPTS AND CERTIFIES A RESOLUTION UNDER THIS DIVISION EITHER
HAS LEVIED THE ADDITIONAL TAX OR HAS EARMARKED THE PROCEEDS OF A TAX AS
SPECIFIED IN DIVISION (D) OF THIS SECTION.
ANY AMOUNT REQUIRED FOR MAINTENANCE UNDER DIVISION (D)(2) OF
THIS SECTION
shall be deposited into a separate fund as specified
in division (B) of section 3318.05 of the Revised Code.
(E)(1) If the school district becomes eligible for state
assistance under sections 3318.01 to 3318.20 of the Revised
Code based on its percentile ranking as determined under division
(B) of this
section, the commission shall conduct a new assessment of the school
district's classroom facilities needs and shall recalculate the basic project
cost based on this new assessment. The basic project cost recalculated under
this division shall include the amount of expenditures made by the school
district board under division (D)(1) of this section. The commission
shall then recalculate the school district's portion of the new basic project
cost by utilizing, WHICH SHALL BE the proportion
PERCENTAGE of the original basic project cost
assigned
to the school district as its portion under division (C) of this
section. The commission shall deduct the expenditure of school
district moneys made under division (D)(1) of this section
from the school district's portion of the basic project cost as recalculated
under this division. If the amount of
school district resources applied by the school district board to the school
district's portion of
the basic project cost under this section is less than the total
amount of such portion as recalculated under this division, the school
district board by a majority vote of all of its members shall, if
it desires to seek state assistance under sections 3318.01 to
3318.20 of the Revised Code, adopt a resolution as specified in
section 3318.06 of the Revised Code to submit to the electors of
the school district the question of approval of a bond issue in order to pay
any additional amount of school district portion
required for state assistance. The ANY tax levy approved under
division
(D)(2) of this section shall satisfy
SATISFIES the requirements to levy the
one-half mill additional tax under section 3318.06 of the Revised Code.
(2) If the amount of school district resources applied by the school
district board to the school district's portion of the basic project
cost under this section is more than the total amount of such
portion as recalculated under this division, WITHIN ONE YEAR AFTER THE
SCHOOL DISTRICT'S PORTION IS RECALCULATED UNDER DIVISION (E)(1) OF
THIS SECTION the commission may
reimburse GRANT to the school district the difference between
the two
calculated portions, but at no time shall the commission expend
any state funds on a project in an amount greater than the state's
portion of the basic project cost as recalculated under this
division.
ANY REIMBURSEMENT UNDER THIS DIVISION SHALL BE ONLY FOR LOCAL
RESOURCES THE SCHOOL DISTRICT HAS APPLIED TOWARD CONSTRUCTION COST
EXPENDITURES FOR THE CLASSROOM FACILITIES APPROVED BY THE COMMISSION,
WHICH SHALL NOT INCLUDE ANY FINANCING COSTS ASSOCIATED WITH THAT
CONSTRUCTION.
THE SCHOOL DISTRICT BOARD SHALL USE ANY MONEYS REIMBURSED TO THE
DISTRICT UNDER THIS DIVISION TO PAY OFF ANY DEBT SERVICE THE DISTRICT
OWES FOR CLASSROOM FACILITIES CONSTRUCTED UNDER ITS PROJECT UNDER THIS
SECTION BEFORE SUCH MONEYS ARE APPLIED TO ANY OTHER PURPOSE.
Sec. 3318.361. A SCHOOL DISTRICT BOARD OPTING TO QUALIFY FOR STATE
ASSISTANCE
PURSUANT TO SECTION 3318.36 OF THE REVISED CODE THROUGH
LEVYING
THE TAX SPECIFIED IN DIVISION (D)(2)(a) OR
(D)(4) OF THAT SECTION
SHALL DECLARE BY RESOLUTION
THAT THE QUESTION OF A TAX LEVY SPECIFIED
IN DIVISION (D)(2)(a) OR (4), AS APPLICABLE, OF
SECTION 3318.36 OF THE REVISED CODE SHALL BE
SUBMITTED
TO THE ELECTORS OF THE SCHOOL DISTRICT AT THE NEXT GENERAL OR
PRIMARY ELECTION, IF THERE BE A GENERAL OR PRIMARY ELECTION NOT
LESS THAN SEVENTY-FIVE AND NOT MORE THAN NINETY-FIVE DAYS AFTER
THE DAY OF THE ADOPTION OF SUCH RESOLUTION OR, IF NOT, AT A
SPECIAL ELECTION TO BE HELD AT A TIME SPECIFIED IN THE RESOLUTION
WHICH SHALL BE NOT LESS THAN SEVENTY-FIVE DAYS AFTER THE DAY OF
THE ADOPTION OF THE RESOLUTION AND WHICH SHALL BE IN ACCORDANCE
WITH THE REQUIREMENTS OF SECTION 3501.01 OF THE REVISED
CODE. SUCH RESOLUTION SHALL SPECIFY BOTH OF THE FOLLOWING:
(A) THAT THE RATE WHICH IT IS NECESSARY TO LEVY SHALL BE AT THE
RATE OF NOT LESS THAN ONE-HALF MILL FOR EACH ONE DOLLAR OF VALUATION,
AND
THAT SUCH TAX SHALL BE LEVIED
FOR A PERIOD OF TWENTY-THREE YEARS;
(B) THAT THE PROCEEDS OF THE TAX SHALL BE USED TO PAY THE COST OF
MAINTAINING THE CLASSROOM FACILITIES INCLUDED IN THE PROJECT.
A COPY OF SUCH RESOLUTION SHALL AFTER ITS PASSAGE AND NOT LESS THAN
SEVENTY-FIVE DAYS PRIOR TO THE DATE SET THEREIN FOR THE ELECTION
BE CERTIFIED TO THE COUNTY BOARD OF ELECTIONS.
NOTICE OF THE ELECTION SHALL INCLUDE THE FACT THAT THE TAX
LEVY SHALL BE AT THE RATE OF NOT LESS THAN ONE-HALF MILL FOR EACH ONE DOLLAR
OF
VALUATION
FOR A PERIOD OF TWENTY-THREE YEARS, AND THAT THE PROCEEDS OF
THE TAX SHALL BE USED TO PAY THE COST OF
MAINTAINING THE CLASSROOM FACILITIES INCLUDED IN THE PROJECT.
THE FORM OF THE BALLOT TO BE USED AT SUCH ELECTION SHALL
BE:
"SHALL A LEVY OF TAXES BE MADE FOR A PERIOD OF
TWENTY-THREE YEARS TO BENEFIT THE ............
(HERE INSERT NAME OF SCHOOL DISTRICT) SCHOOL DISTRICT, THE PROCEEDS OF
WHICH SHALL BE USED TO PAY THE COST OF
MAINTAINING THE CLASSROOM FACILITIES INCLUDED IN THE PROJECT
AT THE RATE OF .......... (HERE INSERT THE NUMBER OF MILLS, WHICH SHALL NOT BE
LESS THAN
ONE-HALF MILL) MILLS FOR EACH ONE DOLLAR OF
VALUATION?
_______________________________________________ | |
FOR THE TAX LEVY | |
_______________________________________________ | |
AGAINST THE TAX LEVY | |
_______________________________________________ | " |
Sec. 3318.362. THIS SECTION APPLIES ONLY TO A SCHOOL DISTRICT
THAT PARTICIPATES IN THE SCHOOL BUILDING ASSISTANCE EXPEDITED LOCAL
PARTNERSHIP PROGRAM UNDER SECTION 3318.36 OF THE REVISED
CODE.
NOTWITHSTANDING THE TWENTY-THREE YEAR MAXIMUM MATURITY FOR BONDS
PROPOSED TO BE ISSUED BY A SCHOOL DISTRICT BOARD FOR A CLASSROOM
FACILITIES PROJECT PURSUANT TO DIVISION (C) OF SECTION 3318.06 OF
THE REVISED CODE, A SCHOOL DISTRICT BOARD THAT ENTERS INTO
AN
AGREEMENT WITH THE OHIO SCHOOL FACILITIES COMMISSION UNDER
DIVISION (B) OF SECTION 3318.36 OF THE REVISED CODE
MAY PROPOSE
FOR ISSUANCE ANY BONDS NECESSARY FOR ITS PARTICIPATION IN THE PROGRAM
UNDER SECTION 3318.36 OF THE REVISED CODE FOR A TERM LONGER
THAN TWENTY-THREE YEARS BUT NOT TO EXCEED THE TERM CALCULATED PURSUANT TO
SECTION 133.20 OF THE REVISED CODE. ANY MONEYS RECEIVED
FROM THE STATE UNDER DIVISION (E)(2) OF SECTION 3318.36 OF THE
REVISED CODE SHALL BE APPLIED, AS
AGREED IN WRITING BY THE SCHOOL DISTRICT BOARD AND THE COMMISSION, TO PAY DEBT
SERVICE ON
OUTSTANDING BONDS OR BOND ANTICIPATION NOTES ISSUED BY THE SCHOOL
DISTRICT BOARD FOR ITS PARTICIPATION IN THE EXPEDITED LOCAL
PARTNERSHIP PROGRAM, INCLUDING BY PLACING THOSE MONEYS IN AN
APPLICABLE ESCROW FUND UNDER DIVISION (D) OF SECTION 133.34 OF THE
REVISED CODE.
Sec. 3318.37. (A) AS USED IN THIS SECTION:
(1) "LOW WEALTH SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT IN THE
FIRST THROUGH FIFTIETH PERCENTILES AS DETERMINED UNDER SECTION
3318.011 OF THE REVISED CODE.
(2) A "SCHOOL DISTRICT WITH AN EXCEPTIONAL NEED FOR IMMEDIATE CLASSROOM
FACILITIES ASSISTANCE" MEANS A LOW WEALTH SCHOOL DISTRICT WITH AN EXCEPTIONAL
NEED FOR NEW
FACILITIES IN ORDER TO PROTECT THE HEALTH AND SAFETY OF ALL OR A PORTION OF
ITS STUDENTS. SCHOOL DISTRICTS REASONABLY EXPECTED TO BE
ELIGIBLE FOR STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 of the Revised Code
WITHIN THREE FISCAL YEARS AFTER ASSISTANCE UNDER THIS SECTION IS
BEING CONSIDERED BY THE OHIO SCHOOL FACILITIES COMMISSION, AND
SCHOOL
DISTRICTS THAT PARTICIPATE IN THE SCHOOL BUILDING ASSISTANCE EXPEDITED
LOCAL PARTNERSHIP PROGRAM UNDER SECTION 3318.36 OF THE REVISED
CODE
SHALL NOT BE ELIGIBLE FOR ASSISTANCE UNDER THIS
SECTION.
(B)(1) THERE IS HEREBY ESTABLISHED THE EXCEPTIONAL NEEDS SCHOOL
FACILITIES ASSISTANCE PROGRAM. UNDER THE PROGRAM, THE OHIO
SCHOOL FACILITIES COMMISSION MAY SET ASIDE FROM THE MONEYS ANNUALLY
APPROPRIATED TO IT FOR
CLASSROOM FACILITIES ASSISTANCE PROJECTS UP TO TWENTY-FIVE PER CENT FOR
ASSISTANCE TO SCHOOL DISTRICTS WITH
EXCEPTIONAL NEEDS FOR IMMEDIATE CLASSROOM FACILITIES ASSISTANCE.
(2)(a) AFTER CONSULTING WITH EDUCATION AND CONSTRUCTION EXPERTS,
THE
COMMISSION SHALL ADOPT GUIDELINES FOR IDENTIFYING SCHOOL DISTRICTS
WITH AN EXCEPTIONAL NEED FOR
IMMEDIATE CLASSROOM FACILITIES ASSISTANCE.
(b) THE GUIDELINES SHALL INCLUDE APPLICATION FORMS AND
INSTRUCTIONS FOR
SCHOOL DISTRICTS THAT BELIEVE THEY HAVE AN EXCEPTIONAL NEED FOR IMMEDIATE
CLASSROOM FACILITIES ASSISTANCE.
(3) THE COMMISSION SHALL EVALUATE THE CLASSROOM FACILITIES,
AND THE NEED FOR REPLACEMENT CLASSROOM FACILITIES FROM THE APPLICATIONS
RECEIVED UNDER THIS SECTION. THE COMMISSION, UTILIZING THE
GUIDELINES ADOPTED UNDER DIVISION (B)(2)(a) OF THIS
SECTION,
SHALL
PRIORITIZE THE SCHOOL DISTRICTS TO BE ASSESSED.
NOTWITHSTANDING SECTION 3318.02 of the Revised Code, THE
COMMISSION MAY CONDUCT ON-SITE EVALUATION OF THE SCHOOL
DISTRICTS PRIORITIZED UNDER THIS SECTION AND APPROVE AND AWARD FUNDS UNTIL
SUCH
TIME AS ALL FUNDS SET ASIDE UNDER DIVISION (B)(1) OF THIS SECTION
HAVE
BEEN ENCUMBERED UNDER SECTION 3318.04 of the Revised Code.
(4) NOTWITHSTANDING DIVISION (A) OF SECTION 3318.05
of the Revised Code,
THE SCHOOL DISTRICT'S
PORTION OF THE BASIC PROJECT COST
UNDER THIS SECTION SHALL BE THE "REQUIRED PERCENTAGE OF THE
BASIC PROJECT COSTS," AS DEFINED IN DIVISION (K) OF SECTION 3318.01
of the Revised Code.
(5) EXCEPT AS OTHERWISE SPECIFIED IN THIS SECTION, ANY PROJECT
UNDERTAKEN WITH ASSISTANCE UNDER THIS SECTION SHALL COMPLY WITH ALL
PROVISIONS OF SECTIONS 3318.01 TO 3318.20 OF THE REVISED
CODE. A
SCHOOL DISTRICT MAY RECEIVE ASSISTANCE UNDER SECTIONS 3318.01
TO 3318.20 OF THE REVISED CODE FOR THE REMAINDER OF THE
DISTRICT'S CLASSROOM FACILITIES NEEDS AS ASSESSED UNDER THIS SECTION WHEN THE
DISTRICT IS ELIGIBLE FOR SUCH ASSISTANCE
PURSUANT TO SECTION 3318.02 OF THE REVISED CODE, BUT ANY
CLASSROOM FACILITY CONSTRUCTED WITH ASSISTANCE UNDER THIS SECTION SHALL NOT BE
INCLUDED IN A DISTRICT'S PROJECT AT THAT TIME UNLESS THE COMMISSION DETERMINES
THE DISTRICT HAS EXPERIENCED THE INCREASED ENROLLMENT SPECIFIED IN DIVISION
(B)(1) OF SECTION 3318.04 OF THE REVISED CODE.
Sec. 3318.38. (A) AS USED IN THIS SECTION, "BIG-EIGHT SCHOOL
DISTRICT" HAS THE SAME MEANING AS IN SECTION 3314.02 OF THE
REVISED CODE.
(B) THERE IS HEREBY ESTABLISHED THE ACCELERATED URBAN SCHOOL
BUILDING ASSISTANCE PROGRAM. UNDER THE PROGRAM, NOTWITHSTANDING SECTION
3318.02 OF THE REVISED CODE, ANY BIG-EIGHT SCHOOL DISTRICT
THAT HAS NOT BEEN APPROVED TO RECEIVE ASSISTANCE UNDER SECTIONS 3318.01
TO 3318.20 OF THE REVISED CODE BY JULY 1, 2002, MAY
BEGINNING ON THAT DATE APPLY FOR APPROVAL OF AND BE APPROVED FOR SUCH
ASSISTANCE. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY PROJECT
APPROVED AND
UNDERTAKEN PURSUANT TO THIS SECTION SHALL COMPLY WITH ALL PROVISIONS OF
SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE.
THE OHIO SCHOOL FACILITIES COMMISSION SHALL PROVIDE ASSISTANCE TO
ANY BIG-EIGHT SCHOOL DISTRICT ELIGIBLE FOR ASSISTANCE UNDER THIS SECTION
IN THE FOLLOWING MANNER:
(1) NOTWITHSTANDING SECTION 3318.02 OF THE REVISED
CODE:
(a) NOT LATER THAN JUNE 30,
2002, THE COMMISSION SHALL CONDUCT AN ON-SITE VISIT AND SHALL ASSESS THE
CLASSROOM FACILITIES NEEDS OF EACH BIG-EIGHT SCHOOL DISTRICT ELIGIBLE FOR
ASSISTANCE UNDER THIS SECTION;
(b) BEGINNING JULY 1, 2002, ANY BIG-EIGHT SCHOOL
DISTRICT
ELIGIBLE FOR ASSISTANCE UNDER THIS SECTION MAY APPLY TO THE COMMISSION FOR
CONDITIONAL APPROVAL OF ITS PROJECT AS DETERMINED BY THE ASSESSMENT
CONDUCTED UNDER DIVISION (B)(1)(a) OF THIS SECTION.
THE
COMMISSION MAY CONDITIONALLY APPROVE THAT PROJECT AND SUBMIT IT TO THE
CONTROLLING BOARD FOR APPROVAL PURSUANT TO
SECTION 3318.04 OF THE REVISED CODE.
(2) IF THE CONTROLLING BOARD APPROVES THE PROJECT OF A BIG-EIGHT
SCHOOL DISTRICT ELIGIBLE FOR ASSISTANCE UNDER THIS SECTION, THE
COMMISSION AND THE SCHOOL DISTRICT SHALL ENTER INTO AN AGREEMENT AS
PRESCRIBED IN SECTION 3318.08 OF THE REVISED CODE. ANY
AGREEMENT
EXECUTED PURSUANT TO THIS DIVISION SHALL INCLUDE ANY APPLICABLE
SEGMENTATION PROVISIONS AS APPROVED BY THE COMMISSION UNDER DIVISION
(B)(3) OF THIS SECTION.
(3) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN SECTIONS
3318.05, 3318.06, AND 3318.08 OF THE REVISED CODE, A
BIG-EIGHT
SCHOOL DISTRICT ELIGIBLE FOR ASSISTANCE UNDER THIS SECTION MAY WITH THE
APPROVAL OF THE COMMISSION OPT TO DIVIDE THE PROJECT AS APPROVED UNDER
DIVISION (B)(1)(b) OF THIS SECTION INTO DISCRETE
SEGMENTS
TO BE COMPLETED SEQUENTIALLY. ANY PROJECT DIVIDED INTO SEGMENTS SHALL COMPLY
WITH ALL OTHER PROVISIONS OF
SECTIONS 3318.05, 3318.06, AND 3318.08 OF THE REVISED CODE
EXCEPT AS OTHERWISE SPECIFIED IN THIS DIVISION.
IF A PROJECT IS DIVIDED INTO SEGMENTS UNDER THIS DIVISION:
(a) THE SCHOOL DISTRICT NEED RAISE ONLY THE AMOUNT EQUAL TO ITS
PROPORTIONATE SHARE, AS DETERMINED UNDER SECTION 3318.032 OF THE
REVISED CODE, OF EACH SEGMENT AT
ANY ONE TIME AND MAY SEEK VOTER APPROVAL OF EACH SEGMENT SEPARATELY;
(b) THE STATE'S PROPORTIONATE SHARE, AS DETERMINED UNDER SECTION
3318.032 OF THE REVISED CODE, OF ONLY THE SEGMENT WHICH HAS
BEEN
APPROVED BY THE SCHOOL DISTRICT ELECTORS OR FOR WHICH THE DISTRICT HAS APPLIED
A LOCAL DONATED CONTRIBUTION UNDER SECTION 3318.084 OF THE REVISED
CODE SHALL BE ENCUMBERED AT
ANY ONE TIME. ENCUMBRANCE OF ADDITIONAL AMOUNTS TO COVER THE
STATE'S PROPORTIONATE SHARE OF LATER SEGMENTS SHALL BE APPROVED
SEPARATELY AS THEY ARE APPROVED BY THE SCHOOL DISTRICT ELECTORS OR AS THE
DISSTRICT APPLIES A LOCAL DONATED CONTRIBUTION TO THE SEGMENTS UNDER SECTION
3318.084 OF THE REVISED CODE. IF THE
STATE'S SHARE OF ANY ONE SEGMENT EXCEEDS TWENTY-FIVE MILLION DOLLARS,
ENCUMBRANCE OF THAT SHARE IS SUBJECT TO THE PROVISIONS OF SECTION 3318.11
of the Revised Code.
(c) IF IT IS NECESSARY TO LEVY THE ADDITIONAL TAX FOR MAINTENANCE
UNDER
DIVISION (B) OF SECTION
3318.05 OF THE REVISED CODE WITH RESPECT TO ANY SEGMENT OF
THE PROJECT, THE DISTRICT MAY UTILIZE THE PROVISIONS OF SECTION 3318.061 OF
THE REVISED CODE TO ENSURE THAT THE MAINTENANCE TAX EXTENDS
FOR
TWENTY-THREE
YEARS AFTER THE LAST SEGMENT OF THE PROJECT IS UNDERTAKEN.
Section 2. That existing sections 133.06, 135.143, 3318.01, 3318.011,
3318.021,
3318.03, 3318.032,
3318.04, 3318.05, 3318.06, 3318.08, 3318.11, 3318.13, 3318.14, 3318.15,
3318.31, and 3318.36 and section 3318.18 of the Revised
Code are hereby repealed.
Section 3. The board of education of any school district whose
electors have approved a bond issue or tax levy for the
construction of or additions or major repair to a classroom
facility within eighteen months prior to the effective date of
this section may apply the expenditures of the proceeds from such
bond issue or tax levy as local resources for purposes of the
district's participation in the School Building Assistance
Expedited Local Partnership Program under section 3318.36 of the
Revised Code, as long as the actual construction or repair work
authorized under the bond issue or tax levy has not commenced
prior to the execution of the agreement between the Ohio School Facilities
Commission and
the school district board under section 3318.36 of the Revised
Code and the design of the project authorized by the bond issue or tax
levy complies with specifications of the Commission as required
under division (B)(3) of section 3318.36 of the Revised Code.
Section 4. In fiscal year 2001 only, with the approval of the Controlling
Board, the Ohio School Facilities Commission may limit to not less
than fifty-five school districts the number of school districts
with which the Commission will enter into agreements under the
School Building Assistance Expedited Local Partnership Program
pursuant to section 3318.36 of the Revised Code, as amended
by this act. The Commission shall adopt reasonable guidelines to determine
the school districts with
which it will enter into agreements under that section in the event that it
limits the number of such
school districts pursuant to this section and more than the
specified number of school districts apply for participation in
the program in that fiscal year.
Section 5. Notwithstanding the limitation on additional
assistance to five school districts per year as prescribed in
division (B)(2) of section 3318.04 of the Revised Code as amended
by this act, in fiscal years 2001 and 2002, the Ohio School
Facilities Commission may at its discretion provide such
additional assistance to more than five districts in any fiscal
year, provided any additional district receiving such assistance had
approved a tax levy under section 3318.06 of the Revised Code at
least ten years prior to the effective date of this section and is
located in a percentile that has received assistance under
sections 3318.01 to 3318.20 of the Revised Code since May 20,
1997, and if the Commission determines that it is necessary in the
interest of fairness to provide additional assistance to the
district because otherwise the district would be required to wait
more than ten years after its previous levy was approved to be
considered for additional assistance.
Section 6. Any school district whose agreement with the Ohio
School Facilities Commission requires that the school district
make payments to the state in an amount of one-half the proceeds
of the tax required under division (B) of section 3318.05 of the
Revised Code in any year that the district's adjusted valuation
per pupil is above the statewide median adjusted valuation per
pupil shall not be required to make any such payments to the state
in any years after the effective date of this act.
Section 7. That Sections 10 and 10.02 of Am. Sub. H.B. 282 of the 123rd
General Assembly
be amended to read as follows:
"Sec. 10. SFC SCHOOL FACILITIES COMMISSION
General Revenue Fund
GRF | 230-428 | Lease Rental Payments | $ | 55,400,000 | $ | 70,300,000 |
TOTAL GRF General Revenue Fund | $ | 55,400,000 | $ | 70,300,000 |
State Special Revenue Fund Group
5E3 | 230-644 | Operating Expenses | $ | 2,609,726 | $ | 2,738,277 |
| | | | | | 5,228,277 |
TOTAL SSR State Special Revenue | | | | |
Fund Group | $ | 2,609,726 | $ | 2,738,277 |
| | | | | | 5,228,277 |
TOTAL ALL BUDGET FUND GROUPS | $ | 58,009,726 | $ | 73,038,277 |
| | | | | | 75,528,277 |
Lease Rental Payments
The foregoing appropriation item 230-428, Lease Rental Payments, shall be used
by the School Facilities Commission to pay bond service charges on obligations
issued pursuant to Chapter 3318. of the Revised Code.
Operating Expenses
The foregoing appropriation item 230-644, Operating Expenses,
shall be used by the Ohio School Facilities Commission to carry
out its responsibilities pursuant to this section and Chapter
3318. of the Revised Code.
Within ten days after the effective date of this section, or as soon as
possible thereafter, the Executive Director of the Ohio School Facilities
Commission shall certify to the Director of Budget and Management the amount
of cash to be transferred from the School Building Assistance Fund (Fund 032)
or the Public School Building Fund (Fund 021) to the Ohio School Facilities
Commission Fund (Fund 5E3).
By July 10, 2000, the Executive Director of the Ohio School Facilities
Commission shall certify to the Director of Budget and Management the amount
of cash to be transferred from the School Building Assistance Fund (Fund 032)
or the Public School Building Fund (Fund 021) to the Ohio School Facilities
Commission Fund (Fund 5E3).
Prior Year Encumbrances
At the request of the Director of the Ohio School Facilities Commission, the
Director of Budget and Management may cancel encumbrances from fiscal years
1998 and 1999 in CAP-770, School Building Program Assistance, and reestablish
such encumbrances or parts of encumbrances to CAP-622, Public School
Buildings, for fiscal years 2000 and 2001. Appropriations to CAP-622 shall
not be increased as a result of reestablishing such encumbrances. An amount
equal to the canceled encumbrances in CAP-770 shall be appropriated to
CAP-775.
Disability Access Projects
The unencumbered and unallotted balances as of June 30, 1999, in
appropriation item 230-649, Disability Access Project, are hereby
reappropriated. The
unencumbered and unallotted balances of the appropriation at the end of fiscal
year 2000 are
hereby reappropriated in fiscal year 2001 to fund capital projects
pursuant to this section.
(A) As used in this section:
(1) "Percentile" means the percentile in which a school district is
ranked according to the fiscal year 1998 ranking of school districts with
regard to income and property wealth under division (B) of section 3318.011 of
the Revised Code.
(2) "School district" means a city, local, or exempted village
school district, but excluding a school district that is one of
the state's 21 urban school districts as defined in division (O)
of section 3317.02 of the Revised Code, as that section existed prior to
July 1, 1998.
(3) "Valuation per pupil" means a
district's total taxable value as defined in section 3317.02 of the Revised
Code divided by the district's ADM as defined in division (A) of section
3317.02 of the Revised Code as that section existed prior to July 1, 1998.
(B) The School Facilities Commission shall adopt rules for
awarding grants to school districts with a valuation per pupil
of less than $200,000, to be used for construction, reconstruction,
or renovation projects in classroom facilities, the purpose of
which is to improve access to such facilities by physically
handicapped persons. The rules shall include application
procedures. No school district shall be awarded a grant under this
section in excess of $100,000. In addition, any school district
shall be required to pay a percentage of the cost of the project
or which the grant is being awarded equal to the percentile in
which the district is ranked.
(C) The School Facilities Commission is hereby authorized to transfer a
portion of
appropriation item CAP-622, Public School Buildings, contained in Am.
Sub. H.B. No. 283 of the 123rd General Assembly, to CAP-777,
Disability Access Projects,
to provide funds to make payments
resulting from the approval of applications for disability access granted
received prior to January 1, 1999. The amounts transferred are hereby
appropriated.
Sec. 10.02. Extreme Environmental Contamination of School
Facilities
Notwithstanding the provisions of Section 26 of Am. Sub.
H.B. 850 of the 122nd General Assembly regarding eligibility for the
Exceptional Needs
Pilot Program, the School Facilities Commission may provide assistance
under the Exceptional Needs Pilot Program to any school district and not
exclusively a school district in
the lowest 50 per cent of adjusted valuation per pupil on the
fiscal year 1999 ranking of school districts established pursuant
to section 3317.02 of the Revised Code, for the purpose of the
relocation or replacement of school facilities required as a
result of extreme environmental contamination.
IF IN THE ASSESSMENT OF THE SCHOOL DISTRICT'S CLASSROOM FACILITIES
NEEDS CONDUCTED UNDER THE EXCEPTIONAL NEEDS PILOT
PROGRAM PURSUANT
TO SECTION OF AM. SUB. H.B. 850
OF
THE 123rd GENERAL ASSEMBLY, THE
COMMISSION
DETERMINES THAT ALL THE SCHOOL
DISTRICT'S CLASSROOM FACILITIES ULTIMATELY WILL REQUIRE REPLACEMENT
UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE, THEN
THE
COMMISSION MAY UNDERTAKE A DISTRICT-WIDE PROJECT UNDER SECTIONS
3318.01 TO 3318.20 OF THE REVISED CODE.
The School Facilities Commission shall contract with an independent
environmental consultant to conduct a study and to report to the Commission
as to the seriousness of the environmental contamination, whether the
contamination violates applicable state and federal standards, and whether
the facilities are no longer suitable for use as school facilities. The
Commission shall then make a determination regarding funding for the
relocation or replacement of the school facilities. If the federal
government or other public or private entity provides funds for restitution
of costs incurred by the state or school district in the relocation or
replacement of the school facilities, the state and the school district
shall
divide USE such funds on the basis of the relative share of
total project cost
contributed by each
IN EXCESS OF THE SCHOOL DISTRICT'S SHARE TO REFUND THE STATE FOR
THE STATE'S CONTRIBUTION TO THE ENVIRONMENTAL CONTAMINATION
PORTION OF THE PROJECT. THE SCHOOL DISTRICT MAY APPLY AN AMOUNT
OF SUCH RESTITUTION FUNDS UP TO AN AMOUNT EQUAL TO THE
SCHOOL DISTRICT'S PORTION OF THE PROJECT, AS DEFINED BY THE COMMISSION, TOWARD
PAYING ITS
PORTION OF THAT PROJECT TO REDUCE THE AMOUNT OF
BONDS THE SCHOOL DISTRICT OTHERWISE MUST ISSUE TO RECEIVE
STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED
CODE."
Section 8. That existing Sections 10 and 10.02 of Am. Sub. H.B. 282 of the
123rd General
Assembly are hereby repealed.
Section 9. Except as otherwise specifically provided in this act, the
codified and uncodified sections of law contained in this act are subject to
the referendum.
Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471
of the Revised Code, the sections take effect on the ninety-first day after
this act is filed with the Secretary of State. If, however, a referendum
petition is filed against a section, the section, unless
rejected at the referendum, takes effect at the earliest time permitted by
law.
Section 10. Sections 7 and 8 of this act are not subject to the referendum.
Therefore, under Ohio Constitution, Article II, Section 1d and
section 1.471 of the Revised Code, Sections 7 and 8 of this act go into
immediate effect when
this act becomes law.
|