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.
|
(126th General Assembly)
(Substitute House Bill Number 478)
AN ACT
To amend sections 145.011, 151.04, 154.01, 3305.01, 3307.01, 3333.045, 3334.01, 3345.04, 3345.12, 3345.17, 3345.31, 3345.32, 3345.50, 3345.51, and 3345.71; to enact sections 3364.01, 3364.02, 3364.03, 3364.04, 3364.05, and 3364.06; to repeal sections 3350.01, 3350.02, 3350.03, 3350.04, 3350.05, 3360.01, 3360.02, 3360.03, 3360.04, and 3360.05 of the Revised Code; and to amend Sections 209.63, 209.63.57, and 209.64.22 of Am. Sub. H.B. 66 of the 126th General Assembly to combine the University of Toledo and the Medical University of Ohio at Toledo.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3364.01, 3364.02, 3364.03, 3364.04, 3364.05, and 3364.06 of the Revised Code be enacted to read as follows:
Sec. 3364.01. (A) The university of Toledo, as authorized under former Chapter 3360. of the Revised Code, and the medical university of Ohio at Toledo, as authorized under former sections 3350.01 to 3350.05 of the Revised Code, shall be combined as one state university to be known as the "university of Toledo."
(B)(1) The government of the combined university of Toledo is vested in a board of trustees which, except as prescribed in division (B)(2) of this section, shall be appointed by the governor with the advice and consent of the senate. The initial board of trustees of the combined university shall be as prescribed in division (B)(2) of this section. After the abolishment of offices as prescribed in division (B)(2)(a) of this section, the board of trustees of the combined university shall consist of nine voting members, who shall serve for terms of nine years, and two nonvoting members, who shall be students of the combined university and who shall serve for terms of two years. Terms of office of trustees shall begin on the second day of July and end on the first day of July.
(2) The initial board of trustees of the combined university shall consist of seventeen voting members who are the eight members who made up the board of trustees of the medical university of Ohio at Toledo prior to May 1, 2006, under former section 3350.01 of the Revised Code, and whose terms would expire under that section after May 1, 2006; the eight voting members who made up the board of trustees of the university of Toledo, under former section 3360.01 of the Revised Code, and whose terms would expire under that section after July 1, 2006; and one additional member appointed by the governor with the advice and consent of the senate. The terms of office, abolishment of office, and succession of the voting members of the initial board shall be as prescribed in division (B)(2)(a) of this section. The initial board also shall consist of two nonvoting members who are students of the combined university, as prescribed in division (B)(2)(b) of this section.
(a) The term of office of the voting member of the initial board of trustees of the combined university who was not formerly a member of either the board of trustees of the medical university of Ohio at Toledo or the board of trustees of the university of Toledo shall be for nine years, beginning on July 2, 2006, and ending on July 1, 2015.
The terms of office of the sixteen other voting members of the initial board of trustees shall expire on July 1 of the year they otherwise would expire under former section 3350.01 or 3360.01 of the Revised Code.
The office of one voting member whose term expires on July 1, 2007, shall be abolished on that date. The governor, with the advice and consent of the senate, shall appoint a successor to the office of the other voting member whose term expires on that date to a nine-year term beginning on July 2, 2007.
The office of one voting member whose term expires on July 1, 2008, shall be abolished on that date. The governor, with the advice and consent of the senate, shall appoint a successor to the office of the other voting member whose term expires on that date to a nine-year term beginning on July 2, 2008.
The office of one voting member whose term expires on July 1, 2009, shall be abolished on that date. The governor, with the advice and consent of the senate, shall appoint a successor to the office of the other voting member whose term expires on that date to a nine-year term beginning on July 2, 2009.
The office of one voting member whose term expires on July 1, 2010, shall be abolished on that date. The governor, with the advice and consent of the senate, shall appoint a successor to the office of the other voting member whose term expires on that date to a nine-year term beginning on July 2, 2010.
The office of one voting member whose term expires on July 1, 2011, shall be abolished on that date. The governor, with the advice and consent of the senate, shall appoint a successor to the office of the other voting member whose term expires on that date to a nine-year term beginning on July 2, 2011.
The office of one voting member whose term expires on July 1, 2012, shall be abolished on that date. The governor, with the advice and consent of the senate, shall appoint a successor to the office of the other voting member whose term expires on that date to a nine-year term beginning on July 2, 2012.
The office of one voting member whose term expires on July 1, 2013, shall be abolished on that date. The governor, with the advice and consent of the senate, shall appoint a successor to the office of the other voting member whose term expires on that date to a nine-year term beginning on July 2, 2013.
The office of one voting member whose term expires on July 1, 2014, shall be abolished on that date. The governor, with the advice and consent of the senate, shall appoint a successor to the office of the other voting member whose term expires on that date to a nine-year term beginning on July 2, 2014.
The governor, with the advice and consent of the senate, shall appoint a successor to the office of the voting member whose term expires on July 1, 2015, to a nine-year term beginning on July 2, 2015.
Thereafter the terms of office of all subsequent voting members of the board of trustees shall be for nine years beginning on the second day of July and ending on the first day of July.
(b) One of the student members of the initial board of trustees shall be the student member of the former university of Toledo board of trustees, appointed under former section 3360.01 of the Revised Code, whose term would expire under that section on July 1, 2007. The term of that student member shall expire on July 1, 2007. The other student member shall be a new appointee, representing the portion of the combined university that made up the former medical university of Ohio at Toledo, appointed to a two-year term beginning on July 2, 2006, and ending on July 1, 2008. That student trustee shall be appointed by the governor, with the advice and consent of the senate, from a group of three candidates selected pursuant to a procedure adopted by the university's student governments and approved by the university's board of trustees. Thereafter appointment and terms of office of student members of the board of trustees shall be as prescribed by division (B)(3) of this section.
(3) The student members of the board of trustees of the combined university shall be appointed by the governor, with the advice and consent of the senate, from a group of six candidates selected pursuant to a procedure adopted by the university's student governments and approved by the university's board of trustees. Terms of office of student members shall be for two years, each term ending on the same day of the same month of the year as the term it succeeds. In the event that a student member cannot fulfill a two-year term, a replacement shall be selected to fill the unexpired term in the same manner used to make the original selection.
(4) Each trustee shall hold office from the date of appointment until the end of the term for which the trustee was appointed. Any trustee appointed to fill a vacancy occurring prior to the expiration of the term for which the trustee's predecessor was appointed shall hold office for the remainder of such term. Any trustee shall continue in office subsequent to the expiration date of the trustee's term until the trustee's successor takes office, or until a period of sixty days has elapsed, whichever occurs first.
(5) No person who has served as a voting member of the board of trustees for a full nine-year term or more than six years of such a term and no person who is a voting member of the initial board of trustees as prescribed in division (B)(2)(a) of this section is eligible for reappointment to the board until a period of four years has elapsed since the last day of the term for which the person previously served.
No person who served as a voting member of the board of trustees of the former university of Toledo, as authorized under former Chapter 3360. of the Revised Code, for a full nine-year term or more than six years of such a term, and no person who served on the board of trustees of the former medical university of Ohio at Toledo, as authorized under former sections 3350.01 to 3350.05 of the Revised Code, for a full nine-year term or more than six years of such a term is eligible for appointment to the board of trustees of the combined university until a period of four years has elapsed since the last day of the term for which the person previously served.
(C) The trustees shall receive no compensation for their services but shall be paid their reasonable necessary expenses while engaged in the discharge of their official duties. A majority of the board constitutes a quorum. The student members of the board have no voting power on the board. Student members shall not be considered as members of the board in determining whether a quorum is present. Student members shall not be entitled to attend executive sessions of the board.
Sec. 3364.02. The board of trustees of the university of Toledo annually shall elect from among its members a chairperson and a
vice-chairperson, and also may appoint a secretary of the board, a treasurer, and such other officers of
the university as the interest of the university requires, who may be members
of the board. The treasurer, before entering upon the discharge of
official
duties, shall give bond to the state for the faithful performance of
the treasurer's
duties and the proper accounting for all moneys coming into the
treasurer's care. The
amount of that bond shall be determined by the board, but shall not be for a
sum less than the estimated amount which may come into the
treasurer's control at any
time, less any reasonable deductible.
Sec. 3364.03. The board of trustees of the university of Toledo shall employ,
fix the compensation of, and remove, the president and such number of
professors, teachers, and other employees as may be deemed necessary. The
board shall do all things necessary for the creation, proper maintenance, and
successful and continuous operation of the university and may adopt and from
time to time amend bylaws, rules, and regulations for the conduct of the board
and the government and conduct of the university. The board may accept
donations of lands and moneys for the purposes of such university.
Sec. 3364.04. The board of trustees of the university of Toledo may receive
and hold in trust, for the use and benefit of the university, any grant or
devise of land, and any donation or bequest of money or other personal
property, to be applied to the general or special use of the university,
unless otherwise directed in the donation or bequest. The board of trustees
of the university of Toledo may make and enter into all contracts and
agreements necessary or incidental to the acquisition of property for and the
operation of the university. Title to any property taken in the name of the state of Ohio for the benefit of the university of Toledo, the board of trustees of the university of Toledo, the university of Toledo, the medical college of Ohio, or the Toledo state college of medicine shall be deemed to have been taken in the name of the board of trustees of the university of Toledo.
Sec. 3364.05. The general assembly shall support the university of Toledo by
such sums and in such manner as it may provide, but support may also come from
other sources.
Sec. 3364.06. (A) As used in this section, "constituent institutions" means the university of Toledo, as authorized under former Chapter 3360. of the Revised Code, and the medical university of Ohio at Toledo, as authorized under former sections 3350.01 to 3350.05 of the Revised Code, which are combined as the university of Toledo pursuant to section 3364.01 of the Revised Code.
(B) When the combination of the constituent institutions becomes effective, all of the following apply:
(1) The separate existence of each of the constituent institutions shall cease, and the existence of each of the constituent institutions shall be continued for all purposes as the combined university of Toledo. The combination shall not cause either of the constituent institutions to be extinguished, terminated, dissolved, or liquidated and shall not constitute a sale, assignment, conveyance, disposition, or transfer of any of the rights or property of either of the constituent institutions. Whenever an instrument of conveyance, assignment, or transfer or deed or other act is necessary to vest property or rights in the combined university, the officers, trustees, or other authorized representatives of the respective constituent institutions shall execute, acknowledge, and deliver such instruments and do such acts. For these purposes, the existence of the respective constituent institutions and the authority of their respective officers, trustees, or other authorized representatives is continued notwithstanding the combination.
(2) The combined university possesses all assets and property of every description, and every interest in the assets and property, wherever located, and the rights, privileges, immunities, powers, franchises, and authority of each of the constituent institutions, all of which are vested in the combined university without further act or deed. Title to any real estate or any interest in the real estate vested in either of the constituent institutions shall not revert or in any way be impaired by reason of the combination.
(3) The combined university is liable for all the obligations of each of the constituent institutions to the combination. Any claim existing or any action or proceeding pending by or against either of the constituent institutions may be prosecuted to judgment, with right of appeal, as if the combination had not taken place, or the combined university may be substituted in its place.
(4) All the rights of creditors of each of the constituent institutions are preserved unimpaired, and all liens upon the property of either of the constituent institutions are preserved unimpaired, on only the property affected by such liens immediately prior to the effective date of the combination.
SECTION 2. That sections 145.011, 151.04, 154.01, 3305.01, 3307.01, 3333.045, 3334.01, 3345.04, 3345.12, 3345.17, 3345.31, 3345.32, 3345.50, 3345.51, and 3345.71 of the Revised Code be amended to read as follows:
Sec. 145.011. In addition to the membership of the public
employees
retirement system as prescribed in division (A) of
section 145.01 of the
Revised Code and notwithstanding Chapter
3309. of the Revised Code, there
shall be included in such
membership all of the following: (A) The nonteaching employees of the Cleveland state
university, the medical university of Ohio at
Toledo, and the
northeastern Ohio universities college of medicine; (B) Any person who
elects to transfer from the school
employees retirement system
to the public employees retirement
system under section 3309.312
of the Revised Code; (C) Any person who is
employed full-time on or after
September 16, 1998, pursuant to
section 3345.04
of
the Revised Code by the university of Akron
as
a state university
law enforcement officer. Such employees are
included in the definition of member as
used in Chapter 145. of the Revised
Code. The universities and
colleges shall be subject
to the obligations imposed by Chapter
145. of the Revised Code.
Sec. 151.04. This section applies to obligations as defined
in this
section. (A) As used in this section: (1) "Costs of capital facilities" include related direct
administrative expenses and allocable portions of direct costs of
the using
institution. (2) "Obligations" means obligations as defined in section
151.01
of the Revised Code issued to pay costs of capital
facilities for
state-supported or state-assisted institutions of
higher education. (3) "State-supported or state-assisted institutions of
higher
education" means a state university or college, or
community
college district, technical college district, university
branch
district, or state community college, or other institution
for
education, including technical education, beyond the high
school,
receiving state support or assistance for its expenses of
operation. "State university or
college" means each of the state
universities identified in
section 3345.011 of the Revised Code, and
the northeastern Ohio universities
college of medicine, and the
medical university of Ohio at Toledo. (4) "Using institution" means the state-supported or
state-assisted institution of higher education, or two or more
institutions
acting jointly, that are the ultimate users of
capital facilities for
state-supported and state-assisted
institutions of higher
education financed with net proceeds of
obligations. (B) The issuing authority shall issue obligations to pay
costs of
capital facilities for state-supported and state-assisted
institutions
of higher education pursuant to Section 2n of
Article
VIII, Ohio Constitution, section 151.01 of the Revised Code,
and
this section. (C) Net proceeds of obligations shall be deposited into the
higher education improvement fund created by division (F) of
section
154.21 of the Revised Code. (D) There is hereby created in the state treasury the
"higher
education capital facilities bond service fund." All
moneys
received by the state and required by the bond proceedings,
consistent
with sections 151.01 and 151.04 of the Revised Code, to
be
deposited, transferred, or credited to the bond service fund,
and
all other moneys transferred or allocated to or received for
the
purposes of that fund, shall be deposited and credited to the
bond
service fund, subject to any applicable provisions of the
bond
proceedings but without necessity for any act of
appropriation.
During the period beginning with the date of the
first issuance of
obligations and continuing during the time that
any obligations
are outstanding in accordance with their terms, so
long as moneys
in the bond service fund are insufficient to pay
debt service when
due on those obligations payable from that fund
(except the
principal amounts of bond anticipation notes payable
from the
proceeds of renewal notes or bonds anticipated) and due
in
the particular fiscal year, a sufficient amount of revenues of
the state is committed and, without
necessity for further act of
appropriation, shall be paid to the
bond service fund for the
purpose of paying that debt service when
due.
Sec. 154.01. As used in this chapter: (A) "Commission" means the Ohio public
facilities
commission created in section 151.02 of the Revised
Code. (B) "Obligations" means bonds, notes, or other evidences
of obligation, including interest coupons pertaining thereto,
issued pursuant to Chapter 154. of the Revised Code. (C) "Bond proceedings" means the order or orders, resolution or
resolutions, trust agreement, indenture, lease, and other
agreements, amendments and supplements to the foregoing, or any
combination thereof, authorizing or providing for the terms and
conditions applicable to, or providing for the security of,
obligations issued pursuant to Chapter 154. of the Revised Code,
and the provisions contained in such obligations. (D) "State agencies" means the state of Ohio and officers,
boards, commissions, departments, divisions, or other units or
agencies of the state. (E) "Governmental agency" means state agencies, state
supported and assisted institutions of higher education,
municipal corporations, counties, townships, school districts,
and any other political subdivision or special district in this
state established pursuant to law, and, except where otherwise
indicated, also means the United States or any department,
division, or agency thereof, and any agency, commission, or
authority established pursuant to an interstate compact or
agreement. (F) "Institutions of higher education" and "state
supported or state assisted institutions of higher education"
means the state universities identified in section 3345.011 of
the Revised Code, the medical university of Ohio at Toledo, the
northeastern Ohio universities college of medicine, state
universities or colleges at any time created, community college
districts, university branch districts, and technical college
districts at any time established or operating under Chapter
3354., 3355., or 3357. of the Revised Code, and other institutions for
education, including technical
education, beyond the high school, receiving state support or
assistance for their expenses of operation. (G) "Governing body" means: (1) In the case of institutions of higher education, the
board of trustees, board of directors, commission, or other body
vested by law with the general management, conduct, and control
of one or more institutions of higher education; (2) In the case of a county, the board of county
commissioners or other legislative body; in the case of a
municipal corporation, the council or other legislative body; in
the case of a township, the board of township trustees; in the
case of a school district, the board of education; (3) In the case of any other governmental agency, the
officer, board, commission, authority or other body having the
general management thereof or having jurisdiction or authority in
the particular circumstances. (H) "Person" means any person, firm, partnership,
association, or corporation. (I) "Bond service charges" means principal, including
mandatory sinking fund requirements for retirement of
obligations, and interest, and redemption premium, if any,
required to be paid by the
state on obligations. If not prohibited by the applicable bond proceedings, bond service charges may include costs relating to credit enhancement facilities that are related to and represent, or are intended to provide a source of payment of or limitation on, other bond service charges. (J) "Capital facilities" means buildings, structures, and
other improvements, and equipment, real estate, and interests in
real estate therefor, within the state, and any one, part of, or
combination of the foregoing, to serve the general purposes for
which the issuing authority is authorized to issue
obligations pursuant
to Chapter 154. of the Revised Code, including, but not limited
to, drives, roadways, parking facilities, walks, lighting,
machinery, furnishings, utilities, landscaping, wharves, docks,
piers, reservoirs, dams, tunnels, bridges, retaining walls,
riprap, culverts, ditches, channels, watercourses, retention
basins, standpipes and water storage facilities, waste treatment
and disposal facilities, heating, air conditioning and
communications facilities, inns, lodges, cabins, camping sites,
golf courses, boat and bathing facilities, athletic and
recreational facilities, and site improvements. (K) "Costs of capital facilities" means the costs of
acquiring, constructing, reconstructing, rehabilitating,
remodeling, renovating, enlarging, improving, equipping, or
furnishing capital facilities, and the financing thereof,
including the cost of clearance and preparation of the site and
of any land to be used in connection with capital facilities, the
cost of any indemnity and surety bonds and premiums on insurance,
all related direct administrative expenses and allocable portions
of direct costs of the commission or issuing authority and
department of administrative services, or other designees of the
commission under section 154.17 of the Revised Code, cost of engineering and
architectural services, designs, plans, specifications, surveys,
and estimates of cost, legal fees, fees and expenses of trustees,
depositories, and paying agents for the obligations, cost of
issuance of the obligations and financing charges and fees and
expenses of financial advisers and consultants in connection
therewith, interest on obligations from the date thereof to the
time when interest is to be covered from sources other than
proceeds of obligations, amounts necessary to establish reserves
as required by the bond proceedings, costs of audits, the
reimbursement of all moneys advanced or applied by or borrowed
from any governmental agency, whether to or by the commission
or others, from whatever source provided, for the payment of any
item or items of cost of the capital facilities, any share of the
cost undertaken by the commission pursuant to arrangements made
with governmental agencies under division (H) of section 154.06
of the Revised Code, and all other expenses necessary or incident
to planning or determining feasibility or practicability with
respect to capital facilities, and such other expenses as may be
necessary or incident to the acquisition, construction,
reconstruction, rehabilitation, remodeling, renovation,
enlargement, improvement, equipment, and furnishing of capital
facilities, the financing thereof and the placing of the same in
use and operation, including any one, part of, or combination of
such classes of costs and expenses. (L) "Public service facilities" means inns, lodges,
hotels, cabins, camping sites, scenic trails, picnic sites,
restaurants, commissaries, golf courses, boating and bathing
facilities and other similar facilities in state parks. (M) "State parks" means: (1) State reservoirs described and identified in section
1541.06 of the Revised Code; (2) All lands or interests therein of the state identified
as administered by the division of parks and recreation in the
"inventory of state owned lands administered by the department of
natural resources as of June 1, 1963," as recorded in the journal
of the director, which inventory was prepared by the real estate
section of the department and is supported by maps now on file in
said real estate section; (3) All lands or interests in lands of the state
designated after June 1, 1963, as state parks in the journal
of the director with the approval of the
recreation and resources
council. State parks do not include any lands or interest in lands
of the state administered jointly by two or more divisions of the
department of natural resources. The designation of lands as
state parks under divisions (M)(1) to (3) of this section is
conclusive and such lands shall be under the control of and
administered by the division of parks and recreation. No order
or proceeding designating lands as state parks or park purchase
areas is subject to any appeal or review by any officer, board,
commission, or court. (N) "Bond service fund" means the applicable fund created for and pledged to
the payment of bond service charges under section 154.20, 154.21,
154.22, or 154.23 of the
Revised Code, including all moneys and investments, and earnings
from investments, credited and to be credited thereto. (O) "Improvement fund" means the applicable fund created for the payment of
costs of
capital facilities
under section 154.20, 154.21, 154.22, or 3383.09 of the Revised
Code, including all moneys and investments, and earnings from
investments, credited and to be credited thereto. (P) "Special funds" or "funds" means, except where the
context does not permit, the bond service funds, the improvements
funds, and any other funds for similar or different purposes
created under bond proceedings, including all moneys and
investments, and earnings from investments, credited and to be
credited thereto. (Q) "Year" unless the context indicates a different
meaning or intent, means a calendar year beginning on the first
day of January and ending on the thirty-first day of December. (R) "Fiscal year" means the period of twelve months
beginning on the first day of July and ending on the thirtieth
day of June. (S) "Issuing authority" means the treasurer of state or the
officer or employee who by law performs the functions of that
office.
(T) "Credit enhancement facilities" has the same meaning as in section 133.01 of the Revised Code.
(U) "Ohio cultural facility" and "Ohio sports facility" have the same meanings as in section 3383.01 of the Revised Code.
Sec. 3305.01. As used in this chapter: (A) "Public institution
of higher education" means a state
university as defined in
section 3345.011 of the Revised Code, the
medical university of Ohio at
Toledo, the northeastern Ohio
universities college of
medicine, or a university branch,
technical college, state
community college, community college, or
municipal university established or
operating under Chapter 3345.,
3349., 3354., 3355., 3357., or 3358.
of the Revised
Code. (B) "State retirement
system" means the public employees
retirement system created
under Chapter 145. of the Revised Code,
the state teachers
retirement system created under
Chapter 3307.
of the
Revised Code, or the school employees
retirement system
created under
Chapter 3309. of the Revised Code. (C) "Eligible employee" means any
person employed as a full-time employee of a public institution of higher education. In
all cases of doubt, the board of trustees of the
public
institution of higher education shall determine whether
any person
is an eligible employee for
purposes of this
chapter, and the board's decision shall be
final. (D) "Electing employee" means any eligible
employee who elects, pursuant to section 3305.05 or 3305.051 of the Revised
Code, to
participate in an
alternative retirement plan provided
pursuant to this chapter
or an
eligible employee who is required to
participate in an alternative retirement plan
pursuant to division
(C)(4) of section 3305.05 or division (F) of section 3305.051 of the Revised
Code. (E) "Compensation," for purposes of an electing employee, has the
same meaning as the applicable one of the following: (1) If the electing employee would be subject to Chapter
145.
of the Revised Code had the employee not made an election
pursuant to
section 3305.05 or 3305.051 of the Revised Code,
"earnable salary"
as defined in division (R) of section 145.01 of the Revised
Code; (2) If the electing employee would be subject to Chapter
3307.
of the Revised Code had the employee not made an election
pursuant to section
3305.05 or 3305.051 of the Revised Code,
"compensation" as
defined in division (L) of section
3307.01 of the Revised
Code; (3) If the electing employee would be subject to Chapter
3309.
of the Revised Code had the employee not made an election
pursuant to
section 3305.05 or 3305.051 of the Revised Code,
"compensation" as
defined in division (V) of section 3309.01 of the Revised
Code. (F) "Provider" means an entity designated under section
3305.03
of the Revised Code as a provider of investment options
for
an
alternative retirement plan.
Sec. 3307.01. As used in this chapter: (A) "Employer" means the board of education, school
district, governing authority of any community school established
under
Chapter 3314. of the Revised Code, college, university,
institution, or
other agency
within the state by which a teacher
is employed and paid. (B) "Teacher" means all of the following: (1) Any person paid from public funds and
employed in the
public schools of the state under any type of
contract described
in section 3319.08 of the Revised Code in a
position for which the
person is required to have a
license issued
pursuant to sections
3319.22 to 3319.31 of the Revised Code; (2) Any person
employed as a teacher by a community school
pursuant to Chapter 3314.
of the Revised Code; (3) Any person having a
license issued pursuant to sections
3319.22 to 3319.31 of the
Revised Code and employed in a public
school in this state
in an educational
position, as determined by
the state board of education, under programs
provided for by
federal acts or regulations and financed in whole or in part
from
federal funds, but for which no licensure requirements for the
position
can be made under the provisions of such federal acts or
regulations; (4) Any other teacher or faculty member employed in any
school,
college, university, institution, or other agency wholly
controlled and managed, and supported in whole or in part, by the
state or any political subdivision thereof, including Central
state university, Cleveland state university, and the university of
Toledo, and the medical university of Ohio at Toledo; (5) The
educational employees of the department of
education, as
determined by the state superintendent of public
instruction. In all cases of doubt, the state teachers
retirement board
shall determine whether any person is a teacher,
and its decision
shall be final. "Teacher" does not include any eligible
employee of a public
institution of higher education, as defined
in section 3305.01 of the Revised
Code, who elects to participate in an
alternative retirement plan
established under Chapter 3305. of the
Revised Code. (C) "Member" means any person included in the membership
of
the state teachers retirement system, which shall consist of
all
teachers and contributors as defined in divisions (B) and
(D) of
this section and all disability benefit recipients, as defined in
section 3307.50 of the Revised Code. However,
for purposes of
this chapter, the following persons shall not be
considered
members: (1) A student, intern, or resident who is not a member while
employed
part-time by a school, college, or
university at which
the student, intern, or resident is
regularly attending classes; (2) A person denied membership pursuant to section
3307.24
of the Revised Code; (3) An other system retirant, as
defined in
section 3307.35
of the Revised Code, or a
superannuate; (4) An individual employed in a program established
pursuant
to the "Job Training Partnership Act," 96 Stat. 1322
(1982), 29
U.S.C.A. 1501. (D) "Contributor" means any person who has an account in
the
teachers' savings fund or defined contribution fund. (E) "Beneficiary" means any person eligible to receive,
or
in receipt of, a retirement allowance or other benefit provided
by
this chapter. (F) "Year" means the year beginning the first day of July
and ending with the thirtieth day of June next following, except
that for the purpose of determining final average salary under the
plan
described in sections 3307.50 to 3307.79 of the Revised
Code,
"year"
may mean the contract year. (G) "Local district pension system" means any school
teachers pension fund created in any school district of the state
in accordance with the laws of the state prior to September 1,
1920. (H) "Employer contribution" means the amount paid by an
employer, as determined by the employer rate, including the
normal
and deficiency rates, contributions, and funds wherever
used in
this chapter. (I) "Five years of service credit" means employment covered
under this
chapter and
employment covered under a former
retirement plan operated,
recognized, or endorsed by a college,
institute, university, or
political subdivision of this state
prior to coverage under this
chapter. (J) "Actuary" means the actuarial consultant to the state
teachers retirement board, who shall be either of the following: (1) A member of the American academy of actuaries; (2) A firm, partnership, or corporation of which at least
one person is a member of the American academy of actuaries. (K) "Fiduciary" means a person who does any of the
following: (1) Exercises any discretionary authority or control with
respect to the management of the system, or with respect to the
management or disposition of its assets; (2) Renders investment advice for a fee, direct or
indirect,
with respect to money or property of the system; (3) Has any discretionary authority or responsibility in
the
administration of the system. (L)(1) Except as provided in this
division,
"compensation"
means all salary, wages, and other earnings paid
to a teacher by
reason of the teacher's employment, including compensation
paid
pursuant to a supplemental contract. The salary, wages,
and other
earnings shall be determined prior to determination of
the amount
required to be contributed to the teachers' savings
fund or
defined contribution fund under section
3307.26 of the Revised
Code and
without regard
to whether any of the salary, wages, or
other earnings are
treated as deferred income for federal income
tax purposes. (2) Compensation does not include any of the following: (a) Payments for accrued but unused sick leave or personal
leave, including payments made under a plan established pursuant
to section 124.39 of the Revised Code or any other plan
established by the employer; (b) Payments made for accrued but unused vacation leave,
including payments made pursuant to section 124.13 of the Revised
Code or a plan established by the employer; (c) Payments made for vacation pay covering concurrent
periods for which other salary, compensation, or benefits under
this chapter are paid; (d) Amounts paid by the employer to provide life
insurance,
sickness, accident, endowment, health, medical,
hospital, dental,
or surgical coverage, or other insurance for
the teacher or the
teacher's family, or amounts paid by the
employer to the teacher
in lieu of providing the insurance; (e) Incidental benefits, including lodging, food, laundry,
parking, or services furnished by the employer, use of the
employer's property or equipment, and reimbursement for
job-related expenses authorized by the employer, including moving
and travel expenses and expenses related to professional
development; (f) Payments made by the employer in exchange for a
member's
waiver of a right to receive any payment, amount, or
benefit
described in division (L)(2) of this section; (g) Payments by the employer for services not actually
rendered; (h) Any amount paid by the employer as a retroactive
increase in salary, wages, or other earnings, unless the increase
is one of the following: (i) A retroactive increase paid to a member employed by a
school district board of education in a position that requires a
license designated for teaching and not designated for being an
administrator
issued under section 3319.22 of the Revised Code
that is
paid in accordance with uniform criteria applicable to all
members employed by the board in positions requiring the
licenses; (ii) A retroactive increase paid to a member employed by a
school district board of education in a position that requires a
license designated for being an administrator issued under section
3319.22 of
the Revised Code that is paid in accordance
with
uniform criteria applicable to all members employed by the
board
in positions requiring the licenses; (iii) A retroactive increase paid to a member employed by
a
school district board of education as a superintendent that is
also paid as described in division (L)(2)(h)(i) of this
section; (iv) A retroactive increase paid to a member employed by
an
employer other than a school district board of education in
accordance with uniform criteria applicable to all members
employed by the employer. (i) Payments made to or on behalf of a teacher that are in
excess of the annual compensation that may be taken into account
by the retirement system under division (a)(17) of section 401 of
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
401(a)(17), as amended. For a teacher who first establishes
membership before July 1, 1996, the annual compensation that may
be
taken into account by the retirement system shall be determined
under
division (d)(3) of section 13212 of the "Omnibus
Budget
Reconciliation Act of 1993," Pub.
L. No. 103-66, 107 Stat. 472. (j) Payments made under division (B), (C), or
(E) of
section
5923.05 of the Revised Code, Section 4 of Substitute
Senate
Bill
No. 3 of the 119th general
assembly,
Section 3 of
Amended
Substitute Senate
Bill
No.
164 of the 124th general assembly,
or
Amended Substitute House Bill No. 405 of the 124th general
assembly; (k) Anything of value received by the teacher that is
based
on or attributable to retirement or an agreement to retire. (3) The retirement board shall determine by rule both of
the
following: (a) Whether particular forms of earnings are included in
any
of the categories enumerated in this division; (b) Whether any form of earnings not enumerated in this
division is to be included in compensation. Decisions of the board made under this division shall be
final. (M) "Superannuate" means both of the following: (1) A former teacher receiving from the system a retirement
allowance under section 3307.58 or 3307.59 of the Revised
Code; (2) A former teacher receiving
a benefit from the system
under
a plan established under section 3307.81 of the Revised
Code, except that "superannuate" does not include a former teacher
who is receiving a benefit based on
disability under a plan
established under section 3307.81 of the
Revised Code. For purposes of sections 3307.35 and 3307.353 of the Revised Code,
"superannuate" also means a former teacher receiving from the
system a combined service retirement benefit paid in accordance
with
section 3307.57 of the Revised Code, regardless of which
retirement system is paying the benefit.
Sec. 3333.045. As used in this section, "state university
or college" means any state university listed in section
3345.011 of the Revised Code, the northeastern
Ohio universities college of medicine, the medical university of
Ohio at Toledo, any community college
under Chapter 3354. of the Revised Code, any university branch
district under Chapter 3355. of the Revised
Code, any technical college under Chapter 3357. of the
Revised Code, and any state community college under Chapter 3358. of the
Revised Code. The Ohio board of regents shall work with the attorney general,
the auditor of state, and the Ohio ethics commission to develop
a model for training members of the boards of trustees of all state
universities and colleges and members of the board of
regents regarding the authority and responsibilities of a board
of trustees or the board of regents. This model shall include a review of
fiduciary responsibilities, ethics, and fiscal management. Use of this model
by members of boards of trustees and the board of regents shall be voluntary. This section does not apply to the three members of the
board of trustees of the northeastern Ohio universities college of
medicine who are presidents of state universities.
Sec. 3334.01. As used in this chapter: (A) "Aggregate original principal amount" means the
aggregate of the initial offering prices to the public of college
savings bonds, exclusive of accrued interest, if any. "Aggregate
original principal amount" does not mean the aggregate accreted
amount payable at maturity or redemption of such bonds. (B) "Beneficiary" means: (1) An individual designated by the purchaser under a
tuition payment contract or through a scholarship program
as the
individual on whose behalf tuition units purchased
under the
contract or awarded through the scholarship program will be
applied
toward the payment of undergraduate, graduate, or
professional tuition;
or (2) An individual designated by the contributor under a
variable
college savings program contract as the individual whose
tuition and other
higher education expenses will be paid from a
variable college savings program
account. (C) "Capital appreciation bond" means a bond for which the
following is true: (1) The principal amount is less than the amount payable
at
maturity or early redemption; and (2) No interest is payable on a current basis. (D) "Tuition unit" means a credit of the Ohio tuition
trust authority
purchased under section 3334.09 of the Revised
Code. "Tuition unit" includes a tuition credit purchased prior to July 1, 1994. (E) "College savings bonds" means revenue and other
obligations issued on behalf of the state or any agency or
issuing
authority thereof as a zero-coupon or capital
appreciation bond,
and designated as college savings bonds as
provided in this
chapter. "College savings bond issue" means any
issue of bonds of
which any part has been designated as college
savings bonds. (F) "Institution of higher education" means a state
institution of higher education, a private college,
university, or
other postsecondary institution located in this state that
possesses a certificate of authorization issued by the Ohio board
of regents
pursuant to Chapter 1713. of the Revised Code or a
certificate of registration
issued by the state board of
career colleges and schools under
Chapter
3332. of the Revised Code, or an accredited college,
university, or other postsecondary institution located outside
this state that
is accredited by an
accrediting organization or
professional association recognized
by the authority. To be
considered an institution of higher education, an
institution
shall meet the definition of an eligible educational institution
under section 529 of the Internal Revenue Code. (G) "Issuing authority" means any authority, commission,
body, agency, or individual empowered by the Ohio
Constitution or
the Revised Code to issue bonds or any other debt obligation
of
the state or any agency or department thereof. "Issuer" means
the
issuing authority or, if so designated under division (B) of
section 3334.04 of the Revised Code, the treasurer of state. (H) "Tuition" means the charges imposed to attend an
institution of higher education as an undergraduate, graduate, or
professional
student and all fees required as a condition of
enrollment, as determined by
the Ohio tuition trust authority.
"Tuition" does not include laboratory fees,
room and board, or
other similar fees
and charges. (I) "Weighted average tuition" means the tuition cost
resulting from the
following calculation: (1) Add the products of the annual undergraduate tuition
charged to Ohio residents
at each four-year state university
multiplied by that
institution's total number of undergraduate
fiscal year equated
students; and (2) Divide the gross total of the products from division
(I)(1) of this section by the total number of undergraduate
fiscal
year equated students attending four-year state
universities. When making this calculation, the "annual undergraduate tuition charged to Ohio residents" shall not incorporate any tuition reductions that vary in amount among individual recipients and that are awarded to Ohio residents based upon their particular circumstances, beyond any minimum amount awarded uniformly to all Ohio residents. In addition, any tuition reductions awarded uniformly to all Ohio residents shall be incorporated into this calculation. (J) "Zero-coupon bond" means a bond which has a stated
interest rate of zero per cent and on which no interest is
payable
until the maturity or early redemption of the bond, and
is offered
at a substantial discount from its original stated
principal
amount. (K) "State institution of higher education" includes the
state universities listed in section 3345.011 of the Revised
Code,
community colleges created pursuant to Chapter 3354. of the
Revised Code, university branches created pursuant to Chapter
3355. of the Revised Code, technical colleges created pursuant to
Chapter 3357. of the Revised Code, state community colleges
created pursuant to Chapter 3358. of the Revised Code, the medical
university of
Ohio at Toledo, and the northeastern Ohio universities
college of medicine. (L) "Four-year state university" means those state
universities listed in section 3345.011 of the Revised Code. (M) "Principal amount" refers to the initial offering
price
to the public of an obligation, exclusive of the accrued
interest,
if any. "Principal amount" does not refer to the
aggregate
accreted amount payable at maturity or redemption of an
obligation. (N) "Scholarship program" means a program registered with
the Ohio tuition
trust authority pursuant to section 3334.17 of
the
Revised Code. (O) "Internal Revenue Code" means the
"Internal Revenue Code
of 1986," 100 Stat.
2085, 26 U.S.C.A. 1 et seq., as amended. (P) "Other higher education expenses" means
room and board
and books, supplies, equipment, and
nontuition-related fees
associated with the cost of attendance
of a beneficiary at an
institution of higher education, but only
to the extent that such
expenses meet the definition of
"qualified higher education
expenses" under section 529 of the
Internal Revenue Code. "Other
higher education
expenses" does not include tuition as defined in
division
(H) of this section. (Q) "Purchaser" means
the person signing the tuition payment
contract, who controls
the account and acquires tuition units
for an account under
the terms and conditions of the contract. (R) "Contributor" means a person who signs a variable
college
savings program contract with the Ohio tuition trust
authority and
contributes to and owns the account created under
the contract.
(S) "Contribution" means any payment directly allocated to an account for the benefit of the designated beneficiary of the account.
Sec. 3345.04. (A) As used in this section,
"felony"
has the
same meaning as in section 109.511 of the Revised Code. (B) Subject to division (C) of this section, the
board of
trustees of a state university, the board of
trustees of the
medical university of Ohio at Toledo, the board of trustees of
the
northeastern Ohio universities college of medicine, the board of
trustees
of a state community college, and the board of
trustees
of a technical college or community college district operating a
technical or a community college may designate one or more
employees of the
institution, as a state university law
enforcement officer, in accordance with
section 109.77 of the
Revised Code, and, as state
university law enforcement officers,
those employees shall take an
oath of office, wear the badge of
office, serve as peace officers for the
college or university, and
give bond to the state for the proper and faithful
discharge of
their duties in the amount that the board
of trustees requires. (C)(1) The board of trustees of an institution
listed in
division (B) of this section shall not
designate an employee of
the institution as a state university
law enforcement officer
pursuant to that division on a permanent
basis, on a temporary
basis, for a probationary term, or on other
than a permanent basis
if the employee previously has been
convicted of or has pleaded
guilty to a felony. (2)(a) The board of trustees shall terminate
the employment
as a state university law enforcement officer of
an employee
designated as a state university law enforcement
officer under
division (B) of this section if that
employee does either of the
following: (i) Pleads guilty to a felony; (ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division (D) of
section
2929.43 of the Revised Code in which the
employee agrees to
surrender the certificate awarded to the
employee under section
109.77 of the Revised Code. (b) The board of trustees shall suspend from
employment as a
state university law enforcement officer an
employee designated as
a state university law enforcement officer
under division (B) of
this section if that employee is
convicted, after trial, of a
felony. If the state
university law enforcement officer files an
appeal from that
conviction and the conviction is
upheld by the
highest court to which the appeal is taken or if
the state
university law enforcement officer does not file a
timely appeal,
the board of trustees shall terminate the
employment of that state
university law enforcement officer. If
the state university law
enforcement officer files an appeal that
results in that officer's
acquittal of the felony or
conviction of a misdemeanor, or
in the
dismissal of the felony charge against that officer, the
board of
trustees shall reinstate that state university law
enforcement
officer. A state university law enforcement officer
who is
reinstated under division (C)(2)(b)
of this section shall not
receive any back pay unless that officer's
conviction of the
felony was reversed on appeal, or
the felony charge was dismissed,
because the court
found insufficient evidence to convict the
officer of the
felony. (3) Division (C) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997. (4) The suspension from employment, or the termination of
the employment,
of a state university law enforcement officer
under division (C)(2)
of this section shall be in accordance with
Chapter 119. of the Revised Code.
Sec. 3345.12. (A) As used in this section and sections 3345.07 and 3345.11
of the Revised Code, in other sections of the Revised Code that make reference
to this section unless the context does not permit, and in related bond
proceedings unless otherwise expressly provided: (1) "State university or college" means each of the state
universities identified in section 3345.011 of the Revised Code, and
the northeastern Ohio universities college of medicine, and the
medical university of Ohio at Toledo, and includes its board of
trustees. (2) "Institution of higher education" or "institution" means a state
university or college, or a community college district, technical college
district, university branch district, or state community college, and includes
the applicable board of trustees or, in the case of a university branch
district, any other managing authority. (3) "Housing and dining facilities" means buildings,
structures, and other improvements, and equipment, real estate,
and interests in real estate therefor, to be used for or in
connection with dormitories or other living quarters and
accommodations, or related dining
halls or other food service and preparation facilities, for
students, members of the faculty, officers, or employees of the
institution of higher education, and their spouses and families. (4) "Auxiliary facilities" means buildings, structures,
and other improvements, and equipment, real estate, and interests
in real estate therefor, to be used for or in connection with
student activity or student service facilities, housing and dining
facilities, dining halls, and
other food service and preparation facilities, vehicular parking
facilities, bookstores, athletic and recreational facilities,
faculty centers, auditoriums, assembly and exhibition halls,
hospitals, infirmaries and other medical and health facilities,
research, and continuing education facilities. (5) "Education facilities" means buildings, structures, and other
improvements, and equipment, real estate, and interests in real estate
therefor, to be used for or in connection with, classrooms or other
instructional facilities, libraries, administrative and office facilities, and
other facilities, other than auxiliary facilities, to be used directly or
indirectly for or in connection with the conduct of the institution of higher
education. (6) "Facilities" means housing and dining facilities, auxiliary facilities,
or education facilities, and
includes any one, part of, or any
combination of such facilities, and further includes site improvements,
utilities, machinery, furnishings, and any separate or connected buildings,
structures, improvements, sites, open space and green space areas, utilities
or equipment to be used in, or in connection with the operation or maintenance
of, or supplementing or otherwise related to the services or facilities to be
provided by, such facilities. (7) "Obligations" means bonds or notes or other evidences
of obligation, including interest coupons pertaining thereto,
authorized to be issued under this section or section 3345.07, 3345.11,
3354.121, 3355.091, 3357.112, or 3358.10 of the Revised Code. (8) "Bond service charges" means principal, including
any mandatory sinking fund or redemption requirements for the retirement of
obligations, interest, or interest equivalent and other accreted
amounts, and any call premium required to be
paid on obligations. (9) "Bond proceedings" means the
resolutions, trust agreement, indenture, and other
agreements and credit enhancement facilities, and amendments and
supplements to the foregoing, or any one or more or combination
thereof, authorizing, awarding, or providing for the terms and
conditions applicable to, or providing for the security or liquidity
of, obligations, and the provisions contained in those
obligations. (10) "Costs of facilities" means the costs of acquiring, constructing,
reconstructing, rehabilitating, remodeling, renovating,
enlarging, improving, equipping, or furnishing facilities,
and the financing thereof, including the cost of clearance and
preparation of the site and of any land to be used in connection
with facilities, the cost of any indemnity and surety bonds and
premiums on insurance, all related direct administrative expenses
and allocable portions of direct costs of the institution of higher
education or state agency, cost of engineering, architectural services,
design, plans, specifications and surveys, estimates of cost, legal fees, fees
and expenses of trustees, depositories, bond registrars,
and paying agents for the
obligations, cost of issuance of the obligations and financing
costs and fees and expenses of financial advisers and
consultants in connection therewith, interest on the obligations
from the date thereof to the time when interest is to be covered
by available receipts or other sources other than proceeds
of the obligations,
amounts necessary to establish reserves as required by the bond
proceedings, costs of audits, the reimbursements of all moneys
advanced or applied by or borrowed from the institution or others, from
whatever source provided, including any temporary advances from state
appropriations, for the payment
of any item or items of cost of facilities, and all other
expenses necessary or incident to planning or determining
feasibility or practicability with respect to facilities,
and such other expenses as may be necessary or incident to the
acquisition, construction, reconstruction, rehabilitation,
remodeling, renovation, enlargement, improvement, equipment, and
furnishing of facilities, the financing thereof and the
placing of them in use and operation, including any one,
part
of, or combination of such classes of costs and expenses. (11) "Available receipts" means all moneys received by the
institution of higher education, including income, revenues, and
receipts from the operation, ownership, or control of facilities,
grants, gifts, donations, and pledges and receipts therefrom,
receipts from fees and charges, and the proceeds of the sale of
obligations, including proceeds of obligations issued to refund
obligations previously issued, but excluding any special fee, and
receipts therefrom, charged pursuant to division (D) of section
154.21 of the Revised Code. (12) "Credit enhancement facilities" has the meaning given in
division (H) of section 133.01 of the Revised Code. (13) "Financing costs" has the meaning given in division (K) of
section 133.01 of the Revised Code. (14) "Interest" or "interest equivalent" has the meaning given in division
(R) of section 133.01 of the Revised Code. (B) Obligations issued under section 3345.07 or 3345.11 of
the Revised Code by a state university or college shall be
authorized by resolution of its board of trustees. Obligations
issued by any other institution of higher education shall be
authorized by resolution of its board of trustees, or managing
directors in the
case of certain university branch districts, as applicable. Sections 9.96 and
9.98 to 9.983 of the Revised Code apply to obligations. Obligations may be
issued to pay costs of facilities even if the institution anticipates the
possibility of a future state appropriation to pay all or a portion of such
costs. (C) Obligations shall be secured by a pledge of and
lien on all or such part of the available receipts of the institution of
higher education as it provides for in the bond proceedings,
excluding moneys raised by taxation and state appropriations. Such pledge and
lien may be made prior to all other expenses,
claims, or payments, excepting any pledge of such available
receipts previously made to the contrary and except as provided
by any existing restrictions on the use thereof, or such pledge
and lien may be made subordinate to such other expenses, claims,
or payments, as provided in the bond proceedings. Obligations may be
additionally secured by covenants of
the institution to make, fix, adjust, collect, and apply
such charges, rates, fees, rentals, and other items of available
receipts as will produce pledged available receipts sufficient to
meet bond service charges, reserve, and other requirements
provided for in the bond proceedings. Notwithstanding this
and any other sections of the Revised Code, the holders or owners of the
obligations shall not be given the right and shall have no right to have
excises or taxes levied by the general assembly for the payment
of bond service charges thereon, and each such obligation shall
bear on its face a statement to that effect and to the effect
that the right to such payment is limited to the available
receipts and special funds pledged to such purpose under the bond
proceedings. All pledged available receipts and funds and the proceeds of obligations are
trust funds and, subject to the provisions of this section and the applicable
bond proceedings, shall be held, deposited, invested, reinvested, disbursed,
applied, and used to such extent, in such manner, at such times, and for such
purposes, as are provided in the bond proceedings. (D) The bond proceedings for obligations shall
provide for the purpose thereof and the principal
amount or maximum principal amount, and provide for or authorize
the manner of determining the principal maturity or maturities, the
sale price including any permitted discount, the interest rate or
rates, which may be a variable rate or rates, or the
maximum interest rate, the date of the obligations and the
date or dates of payment of interest thereon, their denominations, the
manner of sale thereof, and the establishment within or without
the state of a place or places of payment of bond service charges. The
bond proceedings also shall
provide for a pledge of and lien on available receipts of the
institution of higher education as provided in division (C) of this
section, and a pledge of and lien on such fund or funds provided
in the bond proceedings arising from available receipts, which
pledges and liens may provide for parity with obligations
theretofore or thereafter issued by the institution. The available
receipts so pledged and thereafter received by the institution and the
funds so pledged are immediately subject to the lien of such pledge
without any physical delivery thereof or further act, and the
lien of any such pledge is valid and binding against all parties
having claims of any kind against the institution, irrespective of
whether such parties have
notice thereof, and shall create a perfected security interest for all
purposes of Chapter 1309. of the Revised Code, without the
necessity for separation or delivery of funds or for the filing
or recording of the bond proceedings by which such pledge is
created or any certificate, statement, or other document with
respect thereto; and the pledge of such available receipts and
funds shall be effective and the money therefrom and thereof may
be applied to the purposes for which pledged without necessity
for any act of appropriation. (E) The bond proceedings may contain additional provisions
customary or appropriate to the financing or to the
obligations or to particular obligations, including: (1) The acquisition, construction, reconstruction,
equipment, furnishing, improvement, operation, alteration,
enlargement, maintenance, insurance, and repair of facilities,
and the duties of the institution of
higher education with reference thereto; (2) The terms of the obligations, including provisions for
their redemption prior to maturity at the option of the institution of higher
education at such price or prices and under such
terms and conditions as are provided in the bond proceedings; (3) Limitations on the purposes to which the proceeds of
the obligations may be applied; (4) The rates or rentals or other charges for the use of
or right to use the facilities financed by the obligations, or
other properties the revenues or receipts from which are pledged
to the obligations, and rules for assuring use and
occupancy thereof, including limitations upon the right to modify
such rates, rentals, other charges, or regulations; (5) The use and expenditure of the pledged available
receipts in such manner and to such extent as shall be
determined, which may include provision for the payment of the
expenses of operation, maintenance, and repair of facilities so
that such expenses, or part thereof, shall be paid or provided as
a charge prior or subsequent to the payment of bond service
charges and any other payments required to be made by the bond
proceedings; (6) Limitations on the issuance of additional obligations; (7) The terms of any trust agreement or indenture securing
the obligations or under which the same may be issued; (8) The deposit, investment, and application of funds, and
the safeguarding of funds on hand or on deposit without regard to
Chapter 131. or 135. of the Revised Code, and any bank or trust
company or other financial institution that acts as depository of any
moneys under the bond
proceedings shall furnish such indemnifying bonds or pledge such
securities as required by the bond proceedings or otherwise by
the institution of higher education; (9) The binding effect of any or every provision of the
bond proceedings upon such officer, board, commission, authority,
agency, department, or other person or body as may from time to
time have the authority under law to take such actions as may be
necessary to perform all or any part of the duty required by such
provision; (10) Any provision that may be made in a trust agreement
or indenture; (11) Any other or additional agreements with respect to
the facilities of the institution of
higher education, their operation, the available receipts and funds
pledged, and insurance of facilities and of the institution its officers and
employees. (F) Such obligations may have the seal of the institution of higher
education or a facsimile thereof affixed thereto or
printed thereon and shall be executed by such officers as are
designated in the bond proceedings, which execution may be by
facsimile signatures. Any obligations may be executed by an
officer who, on the date of execution, is the proper officer
although on the date of such obligations such person was not the
proper officer. In case any officer whose signature or a
facsimile of whose signature appears on any such obligation
ceases to be such officer before delivery thereof, such signature
or facsimile is nevertheless valid and sufficient for all
purposes as if the person had remained such officer until
such delivery; and in case the seal of the
institution has been changed after a facsimile of the seal has been
imprinted on such
obligations, such facsimile seal continues to be sufficient as to
such obligations and obligations issued in substitution or
exchange therefor. (G) All such obligations are negotiable instruments and
securities under Chapter 1308. of the Revised Code, subject to
the provisions of the bond proceedings as to registration. The
obligations may be issued in coupon or in registered form, or
both. Provision may be made for the registration of any
obligations with coupons attached thereto as to principal alone
or as to both principal and interest, their exchange for
obligations so registered, and for the conversion or reconversion
into obligations with coupons attached thereto of any obligations
registered as to both principal and interest, and for reasonable
charges for such registration, exchange, conversion, and
reconversion. (H) Pending preparation of definitive obligations, the
institution of higher education may issue interim receipts or
certificates which shall be exchanged for such definitive
obligations. (I) Such obligations may be secured additionally by a
trust agreement or indenture between the institution of higher education
and a corporate trustee, which may be any trust company
or bank having the powers of a trust company within or without
this state but authorized to exercise trust powers within this
state. Any such agreement or indenture may contain the
resolution authorizing the issuance of the obligations, any
provisions that may be contained in the bond proceedings as
authorized by this section, and other provisions which are
customary or appropriate in an agreement or indenture of such
type, including: (1) Maintenance of each pledge, trust agreement, and
indenture, or other instrument comprising part of the bond
proceedings until the institution of
higher education has fully paid the bond service charges on the
obligations secured thereby, or provision therefor has been made; (2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the institution of
higher education made as a
part of the contract under which
the obligations were issued, enforcement of such payments or
agreement by mandamus, the appointment of a receiver, suit in
equity, action at law, or any combination of the foregoing; (3) The rights and remedies of the holders of obligations
and of the trustee, and provisions for protecting and enforcing
them, including limitations on rights of individual holders of
obligations; (4) The replacement of any obligations that become
mutilated or are destroyed, lost, or stolen; (5) Such other provisions as the trustee and the institution of higher
education agree upon, including limitations,
conditions, or qualifications relating to any of the foregoing. (J) Each duty of the institution of
higher education and its officers or employees, undertaken pursuant to the
bond proceedings or any related agreement or lease made under authority of
law, is hereby established as a duty of such
institution, and of each such officer or employee having authority to
perform such duty, specially enjoined by law resulting from an office,
trust, or station within the meaning of section 2731.01 of the
Revised Code. The persons who are at the time the members of the
board of trustees or the managing directors of the institution or
its officers or employees are not liable in their personal capacities
on such obligations, or lease, or other agreement of the institution. (K) The authority to issue obligations includes authority to: (1) Issue obligations in the form of bond anticipation notes and to
renew them from time to time by the issuance of new
notes. Such notes are payable solely from the available receipts and
funds that may be pledged to the payment of such bonds, or from
the proceeds of such bonds or renewal notes, or both, as the
institution of higher education provides in its resolution
authorizing such notes. Such notes may be additionally secured
by covenants of the institution to the effect
that it will do such or all things necessary for the issuance of
such bonds or renewal notes in appropriate amount, and either
exchange such bonds or renewal notes therefor or apply the
proceeds thereof to the extent necessary, to make full payment of
the bond service charges on such notes at the time or times
contemplated, as provided in such resolution. Subject to the
provisions of this division, all references to obligations in
this section apply to such anticipation notes. (2) Issue obligations to refund, including funding
and retirement of, obligations previously issued to pay costs of
facilities. Such obligations may be issued in amounts sufficient
for payment of the principal amount of the obligations to be so
refunded, any redemption premiums thereon, principal maturities
of any obligations maturing prior to the redemption of any other
obligations on a parity therewith to be so refunded, interest
accrued or to accrue to the maturity date or dates of redemption
of such obligations, and any expenses incurred or to be incurred
in connection with such refunding or the issuance of the
obligations. (L) Obligations are lawful investments
for banks, societies for savings, savings and loan associations,
deposit guarantee associations, trust companies, trustees,
fiduciaries, insurance companies, including domestic for life and
domestic not for life, trustees or other officers having charge
of sinking and bond retirement or other special funds of
political subdivisions and taxing districts of this state, the
commissioners of the sinking fund, the administrator
of workers' compensation in accordance with the investment policy
established by the workers' compensation oversight commission pursuant to
section 4121.12 of the Revised Code, the state teachers retirement system, the
public employees retirement system, the school employees
retirement system, and the Ohio police and fire
pension fund, notwithstanding any other provisions of the Revised
Code or rules adopted pursuant thereto by any state agency with respect
to investments by them, and are also acceptable
as security for the deposit of public moneys. (M) All facilities purchased, acquired, constructed, or
owned by an institution of higher education, or financed in whole or in part
by obligations issued by an institution, and used for the purposes of the
institution or other publicly owned and controlled college or university, is
public property used exclusively for a public purpose, and such
property and the income therefrom is exempt from all taxation and
assessment within this state, including ad valorem and excise
taxes. The obligations, the transfer thereof,
and the income therefrom, including any profit made on the sale
thereof, are at all times free from taxation within the state. The
transfer of tangible personal property by lease under
authority of this section or section 3345.07, 3345.11,
3354.121, 3355.091, 3357.112, or 3358.10 of the Revised Code
is not a sale as used in Chapter 5739. of the
Revised Code. (N) The authority granted by this section is cumulative
with the authority granted to
institutions of higher education under Chapter 154. of the Revised
Code, and nothing in this
section impairs or limits the authority granted by Chapter 154.
of the Revised Code. In any lease, agreement, or
commitment made by an institution of higher education under
Chapter 154. of the Revised Code, it
may agree to restrict or subordinate any pledge it may thereafter
make under authority of this section. (O) Title to lands acquired under this section and
sections 3345.07 and 3345.11 of the Revised Code by a state university or
college shall be taken in the name of the state. (P) Except where costs of facilities are to be paid in whole or in
part from funds appropriated by the general assembly, section
125.81 of the Revised Code and the requirement for certification
with respect thereto under section 153.04 of the Revised Code
do not apply to such facilities. (Q) A state university or college may sell or lease
lands or interests in land owned by it or by the state for its use, or
facilities authorized to be acquired or constructed by it under
section 3345.07 or 3345.11 of the Revised Code, to permit the
purchasers or lessees thereof to acquire, construct,
equip, furnish, reconstruct, alter, enlarge,
remodel, renovate, rehabilitate, improve, maintain,
repair, or maintain and operate thereon and to
provide by lease or otherwise to such institution, facilities authorized in
section 3345.07 or 3345.11 of the Revised Code. Such land or
interests therein shall be sold for such appraised value, or
leased, and on
such terms as the board of trustees determines. All deeds or
other instruments relating to such sales or leases shall be executed by
such officer of the state university or college as the board of
trustees designates. The state university or college shall hold,
invest, or use the proceeds of such sales or leases for the same
purposes for which proceeds of borrowings may be used under sections 3345.07
and 3345.11 of the Revised Code. (R) An institution of higher education may pledge available
receipts, to
the extent permitted by division (C) of this section with respect to
obligations, to secure the payments to be made by it under any lease, lease
with option to purchase, or lease-purchase agreement authorized under this
section or section 3345.07, 3345.11, 3354.121, 3355.091, 3357.112, or 3358.10
of the Revised Code.
Sec. 3345.17. All property, personal, real, or mixed of the boards of
trustees and of the housing commissions of the state universities, the medical
university of Ohio at Toledo, the northeastern Ohio universities college of
medicine, and of the state held for the use and benefit of any such
institution, which is used for the support of such institution, is exempt from
taxation so long as such property is used for the support of such university
or college.
Sec. 3345.31. The boards of trustees of a state
university, the board of trustees of the medical university of Ohio
at Toledo, the board of trustees of the northeastern Ohio
universities college of medicine, the board of trustees of a
technical college or community college district, and the board of
control of the Ohio agricultural research and development center
may establish compensation plans, including schedules of hourly
rates, for the compensation of all employees and may establish
rules or policies for the administration of their respective
compensation plans. The provisions of this section do not apply to employees
for whom the state employment relations board establishes
appropriate bargaining units pursuant to section 4117.06 of the
Revised Code.
Sec. 3345.32. (A) As used in this section: (1) "State university or college" means the institutions
described in section 3345.27 of the Revised Code, and the
northeastern Ohio universities college of medicine, and the
medical university of Ohio at Toledo. (2) "Resident" has the meaning specified by rule of the
Ohio board of regents. (3) "Statement of selective service status" means a
statement certifying one of the following: (a) That the individual filing the statement has
registered with the selective service system in accordance with
the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C.
App. 453, as amended; (b) That the individual filing the statement is not
required to register with the selective service for one of the
following reasons: (i) The individual is under eighteen or over twenty-six
years of age;. (ii) The individual is on active duty with the armed forces
of the United States other than for training in a reserve or national
guard unit;. (iii) The individual is a nonimmigrant alien lawfully in the
United States in accordance with section 101 (a)(15) of the
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended;. (iv) The individual is not a citizen of the United States
and is a
permanent resident of the Trust Territory of the Pacific Islands
or the Northern Mariana Islands. (4) "Institution of higher education" means any eligible
institution approved by the United
States department of education pursuant to the "Higher
Education Act
of 1965," 79 Stat. 1219, as amended, or any institution
whose
students are eligible for financial assistance under any of the
programs described by division (E) of this section. (B) The Ohio board of regents shall, by rule, specify the
form of statements of selective service status to be filed in
compliance with divisions (C) to (F) of this section. Each
statement of selective service status shall contain a section
wherein a male student born after December 31, 1959, certifies
that the student has registered with the selective service
system in
accordance with the "Military Selective Service Act," 62 Stat.
604, 50 U.S.C. App. 453, as amended. For
those students not required to register with the selective
service, as specified in divisions (A)(2)(b)(i) to (iv) of this
section, a section shall be provided on the statement of
selective service status for the certification of nonregistration
and for an explanation of the reason for the exemption. The
board of regents may require that such statements be accompanied
by documentation specified by rule of the board. (C) A state university or college that enrolls in any
course, class, or program a male student born after December 31,
1959, who has not filed a statement of selective service status
with the university or college shall, regardless of the student's
residency, charge the student any tuition surcharge charged
students who are not residents of this state. (D) No male born after December 31, 1959, shall be
eligible to receive any loan, grant, scholarship, or other
financial assistance for educational expenses under section
3315.33, 3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.27, 5910.03,
5910.032, or 5919.34 of the Revised Code unless that person
has filed a statement of selective service status with that
person's institution of higher education. (E) If an institution of higher education receives a
statement from an individual certifying that the individual
has registered with the selective service system in accordance with the
"Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App.
453, as amended or that the individual is exempt from
registration for a
reason other than that the individual is under eighteen years
of age, the institution shall not require the individual to file any further
statements. If it receives a statement certifying that the
individual is not required to register because the individual
is under eighteen years of age, the institution shall require the
individual to file a new statement of selective service status
each time the individual seeks to enroll for a new academic
term or makes
application for a new loan or loan guarantee or for any form of
financial assistance for educational expenses, until it receives
a statement certifying that the individual has registered with
the selective service system or is exempt from registration for a
reason other than that the individual is under eighteen years
of age.
Sec. 3345.50. Notwithstanding anything to the contrary in sections
123.01 and
123.15 of the Revised Code, a state university,
the
medical university of Ohio at Toledo, a state community college, or the
northeastern Ohio universities college of medicine not certified pursuant to section 123.17 of the Revised Code may
administer any capital facilities
project for the construction, reconstruction, improvement, renovation,
enlargement, or alteration of a public improvement under its jurisdiction for
which the total amount of funds expected to be appropriated by the general
assembly does not exceed four million dollars without the
supervision, control, or approval of the department of administrative services
as specified in those sections, if both of the following occur: (A) Within sixty days after the effective date of the section of an
act in which the
general assembly initially makes an appropriation for the project, the board
of trustees of the institution notifies the Ohio board of regents in writing
of its intent to administer the capital facilities project; (B) The board of trustees
complies with the guidelines established pursuant to
section
153.16 of the Revised Code and all laws that govern
the selection of
consultants, preparation
and approval of contract documents, receipt of bids, and award of contracts
with respect to the project. The board of regents shall adopt rules in accordance with
Chapter 119. of the
Revised
Code that establish criteria
for the administration by any such institution of higher
education of a capital facilities project for which the total
amount of funds expected to be appropriated by the general
assembly exceeds four million dollars. The criteria, to be
developed with the department of administrative services and
higher education representatives selected by the board of
regents, shall include such matters as the adequacy of the
staffing levels and expertise needed for the institution to
administer the project, past performance of the institution in
administering such projects, and the amount of institutional or
other nonstate money to be used in financing the project. The
board of regents and the department of administrative services
shall approve the request of any such institution of higher
education that seeks to administer any such capital facilities
project and meets the criteria set forth in the rules and in the
requirements of division (B) of
this section.
Sec. 3345.51. (A) Notwithstanding anything to the contrary in sections
123.01 and
123.15 of the Revised Code, a state university,
the
medical university of Ohio at Toledo, the
northeastern Ohio universities college of medicine, or a state community college may
administer any capital facilities
project for the construction, reconstruction, improvement, renovation,
enlargement, or alteration of a public improvement under its jurisdiction for
which funds are appropriated by the general
assembly without the
supervision, control, or approval of the department of administrative services
as specified in those sections, if all of the following occur: (1) The institution is certified by the state architect under section 123.17 of the Revised Code; (2) Within sixty days after the effective date of the section of an
act in which the
general assembly initially makes an appropriation for the project, the board
of trustees of the institution notifies the Ohio board of regents in writing
of its request to administer the capital facilities project and the board of regents approves that request pursuant to division (B) of this section; (3) The board of trustees
passes a resolution stating its intent to comply with section 153.13 of the Revised Code and the guidelines established pursuant to
section
153.16 of the Revised Code and all laws that govern
the selection of
consultants, preparation
and approval of contract documents, receipt of bids, and award of contracts
with respect to the project. (B) The board of regents shall adopt rules in accordance with
Chapter 119. of the
Revised
Code that establish criteria
for the administration by any such institution of higher
education of a capital facilities project for which the general
assembly appropriates funds. The criteria, to be
developed with the department of administrative services and
higher education representatives selected by the board of
regents, shall include such matters as the adequacy of the
staffing levels and expertise needed for the institution to
administer the project, past performance of the institution in
administering such projects, and the amount of institutional or
other nonstate money to be used in financing the project. The
board of regents shall approve the request of any such institution of higher
education that seeks to administer any such capital facilities
project and meets the criteria set forth in the rules and the
requirements of division (A) of
this section.
(C) Any institution that administers a capital facilities project under this section shall conduct biennial audits for the duration of the project to ensure that the institution is complying with Chapters 9., 123., and 153. of the Revised Code and that the institution is using its certification issued under section 123.17 of the Revised Code appropriately. The board of regents, in consultation with higher education representatives selected by the board, shall adopt rules in accordance with Chapter 119. of the Revised Code that establish criteria for the conduct of the audits. The criteria shall include documentation necessary to determine compliance with Chapters 9., 123., and 153. of the Revised Code and a method to determine whether an institution is using its certification issued under section 123.17 of the Revised Code appropriately. (D) The board of regents, in consultation with higher education representatives selected by the board, shall adopt rules in accordance with Chapter 119. of the Revised Code establishing criteria for monitoring capital facilities projects administered by institutions under this section. The criteria shall include the following: (1) Conditions under which the board of regents may revoke the authority of an institution to administer a capital facilities project under this section, including the failure of an institution to maintain a sufficient number of employees who have successfully completed the certification program under section 123.17 of the Revised Code; (2) A process for institutions to remedy any problems found by an audit conducted pursuant to division (C) of this section, including the improper use of state funds or violations of Chapter 9., 123., or 153. of the Revised Code. (E) If the board of regents revokes an institution's authority to administer a capital facilities project, the department of administrative services shall administer the capital facilities project. The board of regents also may require an institution, for which the board revoked authority to administer a capital facilities project, to acquire a new local administration competency certification pursuant to section 123.17 of the Revised Code.
Sec. 3345.71. As used in sections 3345.72 to 3345.77 of the Revised Code: (A) "State university or college" means any state university listed in
section 3345.011 of the Revised Code, the northeastern Ohio universities
college of medicine, the medical university of Ohio at Toledo, any community
college under Chapter 3354. of the Revised
Code, any technical college under Chapter 3357. of the Revised Code, and any
state community college under Chapter 3358. of the Revised Code. (B) "Fiscal watch" means
the existence of a fiscal watch declared under section 3345.72
of the Revised
Code.
SECTION 3. That existing sections 145.011, 151.04, 154.01, 3305.01, 3307.01, 3333.045, 3334.01, 3345.04, 3345.12, 3345.17, 3345.31, 3345.32, 3345.50, 3345.51, and 3345.71 and sections 3350.01, 3350.02, 3350.03, 3350.04, 3350.05, 3360.01, 3360.02, 3360.03, 3360.04, and 3360.05 of the Revised Code are hereby repealed.
SECTION 4. The boards of trustees of the University of Toledo and the Medical University of Ohio at Toledo are authorized to enter into a memorandum of understanding regarding the combination of the two institutions of higher education into a single state university as prescribed by section 3364.01 of the Revised Code. That memorandum may address such matters as the boards of trustees of the University of Toledo and the Medical University of Ohio at Toledo deem necessary and appropriate to provide for the transition of the two institutions into a combined institution, including, without limitation, the identification of the initial president of the combined institution, the process for selection of the initial chairperson of the board of trustees of the combined institution, the relationship to the combined institution of the existing foundations supporting the two separate institutions, accounting of funds, and administration of grants.
SECTION 5. That Sections 209.63, 209.63.57, and 209.64.22 of Am. Sub. H.B. 66 of the 126th General Assembly be amended to read as follows:
Sec. 209.63. BOR BOARD OF REGENTS General Revenue Fund
GRF | 235-321 | | Operating Expenses | | $ | 2,897,659 | | $ | 2,966,351 | GRF | 235-401 | | Lease Rental Payments | | $ | 200,619,200 | | $ | 200,795,300 | GRF | 235-402 | | Sea Grants | | $ | 231,925 | | $ | 231,925 | GRF | 235-406 | | Articulation and Transfer | | $ | 2,900,000 | | $ | 2,900,000 | GRF | 235-408 | | Midwest Higher Education Compact | | $ | 90,000 | | $ | 90,000 | GRF | 235-409 | | Information System | | $ | 1,146,510 | | $ | 1,175,172 | GRF | 235-414 | | State Grants and Scholarship Administration | | $ | 1,352,811 | | $ | 1,382,881 | GRF | 235-415 | | Jobs Challenge | | $ | 9,348,300 | | $ | 9,348,300 | GRF | 235-417 | | Ohio Learning Network | | $ | 3,119,496 | | $ | 3,119,496 | GRF | 235-418 | | Access Challenge | | $ | 73,513,302 | | $ | 73,004,671 | GRF | 235-420 | | Success Challenge | | $ | 52,601,934 | | $ | 52,601,934 | GRF | 235-428 | | Appalachian New Economy Partnership | | $ | 1,176,068 | | $ | 1,176,068 | GRF | 235-433 | | Economic Growth Challenge | | $ | 20,343,097 | | $ | 23,186,194 | GRF | 235-434 | | College Readiness and Access | | $ | 6,375,975 | | $ | 7,655,425 | GRF | 235-435 | | Teacher Improvement Initiatives | | $ | 2,697,506 | | $ | 2,697,506 | GRF | 235-451 | | Eminent Scholars | | $ | 0 | | $ | 1,370,988 | GRF | 235-455 | | EnterpriseOhio Network | | $ | 1,373,941 | | $ | 1,373,941 | GRF | 235-474 | | Area Health Education Centers Program Support | | $ | 1,571,756 | | $ | 1,571,756 | GRF | 235-501 | | State Share of Instruction | | $ | 1,559,096,031 | | $ | 1,589,096,031 | GRF | 235-502 | | Student Support Services | | $ | 795,790 | | $ | 795,790 | GRF | 235-503 | | Ohio Instructional
Grants | | $ | 121,151,870 | | $ | 92,496,969 | GRF | 235-504 | | War Orphans Scholarships | | $ | 4,672,321 | | $ | 4,672,321 | GRF | 235-507 | | OhioLINK | | $ | 6,887,824 | | $ | 6,887,824 | GRF | 235-508 | | Air Force Institute of Technology | | $ | 1,925,345 | | $ | 1,925,345 | GRF | 235-510 | | Ohio Supercomputer Center | | $ | 4,271,195 | | $ | 4,271,195 | GRF | 235-511 | | Cooperative Extension Service | | $ | 25,644,863 | | $ | 25,644,863 | GRF | 235-513 | | Ohio University Voinovich Center | | $ | 336,082 | | $ | 336,082 | GRF | 235-515 | | Case Western Reserve University School of Medicine | | $ | 3,011,271 | | $ | 3,011,271 | GRF | 235-518 | | Capitol Scholarship Program | | $ | 125,000 | | $ | 125,000 | GRF | 235-519 | | Family Practice | | $ | 4,548,470 | | $ | 4,548,470 | GRF | 235-520 | | Shawnee State Supplement | | $ | 1,918,830 | | $ | 1,822,889 | GRF | 235-521 | | The Ohio State University Glenn Institute | | $ | 286,082 | | $ | 286,082 | GRF | 235-524 | | Police and Fire Protection | | $ | 171,959 | | $ | 171,959 | GRF | 235-525 | | Geriatric Medicine | | $ | 750,110 | | $ | 750,110 | GRF | 235-526 | | Primary Care Residencies | | $ | 2,245,688 | | $ | 2,245,688 | GRF | 235-527 | | Ohio Aerospace Institute | | $ | 1,764,957 | | $ | 1,764,957 | GRF | 235-530 | | Academic Scholarships | | $ | 7,800,000 | | $ | 7,800,000 | GRF | 235-531 | | Student Choice Grants | | $ | 50,853,276 | | $ | 52,985,376 | GRF | 235-534 | | Student Workforce Development Grants | | $ | 2,137,500 | | $ | 2,137,500 | GRF | 235-535 | | Ohio Agricultural Research and Development Center | | $ | 35,955,188 | | $ | 35,955,188 | GRF | 235-536 | | The Ohio State University Clinical Teaching | | $ | 13,565,885 | | $ | 13,565,885 | GRF | 235-537 | | University of Cincinnati Clinical Teaching | | $ | 11,157,756 | | $ | 11,157,756 | GRF | 235-538 | | Medical University of Ohio at Toledo Clinical Teaching | | $ | 8,696,866 | | $ | 8,696,866 | GRF | 235-539 | | Wright State University Clinical Teaching | | $ | 4,225,107 | | $ | 4,225,107 | GRF | 235-540 | | Ohio University Clinical Teaching | | $ | 4,084,540 | | $ | 4,084,540 | GRF | 235-541 | | Northeastern Ohio Universities College of Medicine Clinical Teaching | | $ | 4,200,945 | | $ | 4,200,945 | GRF | 235-543 | | Ohio College of Podiatric Medicine Clinic Subsidy | | $ | 250,000 | | $ | 250,000 | GRF | 235-547 | | School of International Business | | $ | 450,000 | | $ | 450,000 | GRF | 235-549 | | Part-time Student Instructional Grants | | $ | 14,457,721 | | $ | 10,534,617 | GRF | 235-552 | | Capital Component | | $ | 19,058,863 | | $ | 19,058,863 | GRF | 235-553 | | Dayton Area Graduate Studies Institute | | $ | 2,806,599 | | $ | 2,806,599 | GRF | 235-554 | | Priorities in Collaborative Graduate Education | | $ | 2,355,548 | | $ | 2,355,548 | GRF | 235-555 | | Library Depositories | | $ | 1,696,458 | | $ | 1,696,458 | GRF | 235-556 | | Ohio Academic Resources Network | | $ | 3,727,223 | | $ | 3,727,223 | GRF | 235-558 | | Long-term Care Research | | $ | 211,047 | | $ | 211,047 | GRF | 235-561 | | Bowling Green State University Canadian Studies Center | | $ | 100,015 | | $ | 100,015 | GRF | 235-563 | | Ohio College Opportunity Grant | | $ | 0 | | $ | 58,144,139 | GRF | 235-572 | | The Ohio State University Clinic Support | | $ | 1,277,019 | | $ | 1,277,019 | GRF | 235-583 | | Urban University Program | | $ | 4,992,937 | | $ | 4,992,937 | GRF | 235-587 | | Rural University Projects | | $ | 1,147,889 | | $ | 1,147,889 | GRF | 235-596 | | Hazardous Materials Program | | $ | 360,435 | | $ | 360,435 | GRF | 235-599 | | National Guard
Scholarship Program | | $ | 15,128,472 | | $ | 16,611,063 | GRF | 235-909 | | Higher Education General Obligation Debt Service | | $ | 137,600,300 | | $ | 152,114,100 | TOTAL GRF General Revenue Fund | | $ | 2,469,260,757 | | $ | 2,548,147,869 |
General Services Fund Group
220 | 235-614 | | Program Approval and Reauthorization | | $ | 400,000 | | $ | 400,000 | 456 | 235-603 | | Sales and Services | | $ | 700,000 | | $ | 900,000 | TOTAL GSF General Services | | | | | | | Fund Group | | $ | 1,100,000 | | $ | 1,300,000 |
Federal Special Revenue Fund Group
3H2 | 235-608 | | Human Services Project | | $ | 1,500,000 | | $ | 1,500,000 | 3H2 | 235-622 | | Medical Collaboration Network | | $ | 3,346,143 | | $ | 3,346,143 | 3N6 | 235-605 | | State Student Incentive Grants | | $ | 2,196,680 | | $ | 2,196,680 | 3T0 | 235-610 | | National Health Service Corps -
Ohio Loan Repayment | | $ | 150,001 | | $ | 150,001 | 312 | 235-609 | | Tech Prep | | $ | 183,850 | | $ | 183,850 | 312 | 235-611 | | Gear-up Grant | | $ | 1,370,691 | | $ | 1,370,691 | 312 | 235-612 | | Carl D. Perkins Grant/Plan Administration | | $ | 112,960 | | $ | 112,960 | 312 | 235-615 | | Professional Development | | $ | 523,129 | | $ | 523,129 | 312 | 235-617 | | Improving Teacher Quality Grant | | $ | 2,900,000 | | $ | 2,900,000 | 312 | 235-619 | | Ohio Supercomputer Center | | $ | 6,000,000 | | $ | 6,000,000 | 312 | 235-621 | | Science Education Network | | $ | 1,686,970 | | $ | 1,686,970 | 312 | 235-631 | | Federal Grants | | $ | 250,590 | | $ | 250,590 | TOTAL FED Federal Special Revenue | | | | | | | Fund Group | | $ | 20,221,014 | | $ | 20,221,014 |
State Special Revenue Fund Group
4E8 | 235-602 | | Higher Educational Facility Commission Administration | | $ | 55,000 | | $ | 55,000 | 4P4 | 235-604 | | Physician Loan Repayment | | $ | 476,870 | | $ | 476,870 | 649 | 235-607 | | The Ohio State University
Highway/Transportation Research | | $ | 760,000 | | $ | 760,000 | 682 | 235-606 | | Nursing Loan Program | | $ | 893,000 | | $ | 893,000 | TOTAL SSR State Special Revenue | | | | | | | Fund Group | | $ | 2,184,870 | | $ | 2,184,870 | TOTAL ALL BUDGET FUND GROUPS | | $ | 2,492,766,641 | | $ | 2,571,853,753 |
Sec. 209.63.57. STATE SHARE OF INSTRUCTION As soon as practicable during each fiscal year of the
biennium ending June 30, 2007, in accordance with instructions of the
Board of
Regents, each state-assisted institution of higher
education shall
report its actual enrollment to the Board of
Regents. The Board of Regents shall establish procedures
required
by
the system of formulas set out below and for the
assignment of
individual institutions to categories described in
the formulas.
The system of formulas establishes the manner in
which aggregate
expenditure requirements shall be determined for
each of the three
components of institutional operations. In addition to
other
adjustments and calculations described below,
the subsidy
entitlement of an institution shall be determined by
subtracting
from the institution's aggregate expenditure
requirements income
to be derived from the local contributions
assumed in calculating
the subsidy entitlements. The local
contributions for purposes of
determining subsidy support shall
not limit the authority of the
individual boards of trustees to
establish fee levels. The General Studies and Technical models shall be adjusted
by
the Board of Regents so that the share of state subsidy earned
by
those models is not altered by changes in the overall local
share.
A lower-division fee differential shall be used to
maintain the
relationship that would have occurred between these
models and the
baccalaureate models had an assumed share of
37.5 per cent
been funded. In defining the number of full-time equivalent (FTE) students
for
state subsidy purposes, the Board of Regents shall exclude
all undergraduate students who are not residents of Ohio, except
those charged in-state fees in accordance with reciprocity
agreements made under section 3333.17 of the Revised Code or employer contracts
entered into
under section 3333.32 of the Revised Code. (A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT (1) INSTRUCTION AND SUPPORT SERVICES
MODEL | FY 2006 | FY 2007 | General Studies I | $ 4,655 | $ 4,655 | General Studies II | $ 5,135 | $ 5,135 | General Studies III | $ 6,365 | $ 6,365 | Technical I | $ 5,926 | $ 5,926 | Technical III | $ 9,107 | $ 9,107 | Baccalaureate I | $ 7,160 | $ 7,160 | Baccalaureate II | $ 8,235 | $ 8,235 | Baccalaureate III | $11,841 | $11,841 | Masters and Professional I | $19,088 | $19,088 | Masters and Professional II | $20,984 | $20,984 | Masters and Professional III | $27,234 | $27,234 | Medical I | $29,143 | $29,143 | Medical II | $37,172 | $37,172 | MPD I | $13,645
| $13,645 |
(2) STUDENT SERVICES For this purpose, FTE counts shall be
weighted to reflect
differences among institutions in the numbers
of students enrolled
on a part-time basis. The student services subsidy per FTE shall be $890 in each fiscal year for all models. (B) PLANT OPERATION AND MAINTENANCE (POM) (1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY Space undergoing renovation shall be funded at the rate
allowed for storage
space. In the calculation of square footage for each campus, square
footage shall be
weighted to reflect differences in space
utilization. The space inventories for each campus shall be those
determined in the fiscal
year 2003 state share of instruction calculation, adjusted
for changes attributable to the
construction or renovation of
facilities for which state appropriations were
made or local
commitments were made prior to January 1, 1995. Only 50 per cent of the space permanently taken out of
operation in fiscal
year 2006 or fiscal year 2007 that is not
otherwise replaced by a campus shall
be deleted from the plant operation and maintenance space inventory. The square-foot-based plant operation and maintenance subsidy
for each campus
shall be determined as follows: (a) For each standard room type category shown below, the
subsidy-eligible
net assignable square feet (NASF) for each campus
shall be multiplied
by the
following rates, and the amounts summed
for each campus to determine the total
gross square-foot-based POM
expenditure requirement:
| FY 2006 | FY 2007 | Classrooms | $5.86 | $5.86 | Laboratories | $7.31 | $7.31 | Offices | $5.86 | $5.86 | Audio Visual Data Processing | $7.31 | $7.31 | Storage | $2.59 | $2.59 | Circulation | $7.39 | $7.39 | Other | $5.86 | $5.86 |
(b) The total gross square-foot POM expenditure requirement
shall be
allocated to models in proportion to each campus's activity-based POM weight multiplied by the two- or five-year average subsidy-eligible FTEs for all models. (c) The amounts allocated to models in division (B)(1)(b)
of
this section shall be
multiplied by
the ratio of subsidy-eligible
FTE
students to total FTE
students reported in
each model, and the
amounts summed for all models. To this total amount
shall be
added an amount to support roads and grounds expenditures, which shall also be multiplied by the ratio of subsidy-eligible FTE students to total FTEs reported for each model. From this total amount, the amounts for Doctoral I and Doctoral II shall be subtracted to
produce
the square-foot-based POM subsidy. (2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY (a) The number of subsidy-eligible FTE students in each
model shall
be
multiplied by the following rates for each campus
for each fiscal year.
| FY 2006 | FY 2007 | General Studies I | $ 512 | $ 512 | General Studies II | $ 662 | $ 662 | General Studies III | $1,464 | $1,464 | Technical I | $ 752 | $ 752 | Technical III | $1,343 | $1,343 | Baccalaureate I | $ 639 | $ 639 | Baccalaureate II | $1,149 | $1,149 | Baccalaureate III | $1,262 | $1,262 | Masters and Professional I | $1,258 | $1,258 | Masters and Professional II | $2,446 | $2,446 | Masters and Professional III | $3,276 | $3,276 | Medical I | $1,967 | $1,967 | Medical II | $3,908 | $3,908 | MPD I | $1,081 | $1,081 |
(b) The sum of the products for each campus determined in
division (B)(2)(a) of this section
for all models except Doctoral
I and Doctoral
II for each fiscal year shall be weighted by a
factor to reflect
sponsored research
activity and job
training-related public
services expenditures to determine
the
total activity-based POM
subsidy. (C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS (1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS The calculation of the core subsidy entitlement shall
consist
of the following components: (a) For each campus in each fiscal year, the core
subsidy entitlement shall be determined by multiplying the
amounts
listed above in divisions
(A)(1) and (2) and (B)(2) of this
section less assumed
local contributions, by (i) average
subsidy-eligible FTEs for the two-year period ending in the
prior
year for
all models except Doctoral I and Doctoral II; and (ii)
average
subsidy-eligible
FTEs for the five-year period
ending in
the
prior year for all models except Doctoral I and
Doctoral II. (b) In calculating the core subsidy entitlements for
Medical
II models only, the Board of Regents shall use the following count
of
FTE students: (i) For those medical schools whose current year
enrollment, including students repeating terms,
is below the base enrollment, the Medical II FTE
enrollment shall
equal: 65 per cent of the base
enrollment plus
35 per cent of the
current year enrollment including students repeating terms, where
the base
enrollment is:
| The Ohio State University | | 1010 | | University of Cincinnati | | 833 | | Medical University of Ohio at Toledo | | 650 | | Wright State University | | 433 | | Ohio University | | 433 | | Northeastern Ohio Universities College of Medicine | | 433 |
(ii) For those medical schools whose current year
enrollment, excluding students repeating terms,
is equal to or greater than the base enrollment, the
Medical II
FTE enrollment shall equal the
base
enrollment plus the FTE for repeating students. (iii) Students repeating terms may be no more than five per cent of current year enrollment. (c) The Board of Regents shall compute the sum of the
two
calculations listed in division (C)(1)(a) of this section and use
the
greater sum as
the core subsidy entitlement. The POM subsidy for each campus shall equal the greater of
the
square-foot-based subsidy or the activity-based POM subsidy
component
of the
core subsidy entitlement. (d) The state share of instruction provided for doctoral
students shall be based on a fixed percentage of the total
appropriation. In each fiscal year of the biennium not more than
10.34 per cent
of the
total state share of instruction
shall be
reserved to
implement the
recommendations of the Graduate
Funding
Commission.
It is the
intent
of the General Assembly that the
doctoral reserve
not exceed 10.34 per
cent of the
total
state
share of instruction
to implement
the recommendations
of the
Graduate
Funding
Commission. The Board of Regents may
reallocate up to two per cent in each fiscal year of the reserve
among the
state-assisted universities on
the basis of a
quality review as
specified in the recommendations
of the Graduate
Funding
Commission. No such reallocation shall occur unless the Board of Regents, in consultation with representatives of state-assisted universities, determines that sufficient funds are available for this purpose. The amount so reserved shall be allocated to universities in
proportion to
their share of the total number of Doctoral I
equivalent FTEs as
calculated on
an institutional basis using the
greater of the two-year or five-year
FTEs for
the period fiscal
year 1994 through fiscal year 1998 with annualized
FTEs for
fiscal
years 1994 through 1997 and all-term FTEs for fiscal year 1998
as
adjusted to
reflect the effects of doctoral review and subsequent changes in Doctoral I equivalent enrollments. For the
purposes of this calculation,
Doctoral I equivalent FTEs shall
equal the sum of Doctoral
I FTEs plus 1.5 times
the sum of
Doctoral II FTEs.
If a university participates in the Innovation Incentive Program outlined in appropriation item 235-433, Economic Growth Challenge, then the Board of Regents shall withhold 1.5 per cent in fiscal year 2006 and three per cent in fiscal year 2007 of the participating university's allocation of the doctoral reserve. This withholding is intended to increase incrementally with a goal of setting aside 15 per cent of the total doctoral reserve by fiscal year 2016.
The Board of Regents shall use the combined amount of each participating state-assisted university's set aside of the doctoral reserve that has been withheld, the state matching funds earmarked under appropriation item 235-433, Economic Growth Challenge, and the amount set aside by each accredited Ohio institution of higher education holding a certificate of authorization under section 1713.02 of the Revised Code electing to participate in the Innovation Incentive Program to make awards through a competitive process under the Innovation Incentive Program. Only universities electing to set aside the prescribed amount shall be eligible to compete for and receive Innovation Incentive awards. The participating universities shall use these awards to restructure their array of doctoral programs. (2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING STOP LOSS In addition to and after the other adjustment noted above, in each
fiscal year, no campus shall receive a state share of instruction allocation that is less than 97 per cent of the prior year's state share of instruction amount. (3) REDUCTIONS IN EARNINGS If the total state share of instruction earnings in any
fiscal year exceeds the total appropriations available for such
purposes, the Board of Regents shall proportionately reduce the
state share of instruction earnings for all campuses by a uniform
percentage
so that the system wide sum equals available
appropriations. (4) CAPITAL COMPONENT DEDUCTION After all other adjustments have been made, state share of instruction earnings
shall be reduced for each campus by the amount,
if any, by which debt service
charged in Am. H.B. No. 748 of the
121st General Assembly, Am. Sub. H.B.
No. 850 of
the 122nd
General
Assembly, Am. Sub. H.B. No. 640 of the 123rd General Assembly, and H.B. No. 675 of the 124th General Assembly, and Am. Sub. H.B. 16 of the 126th General Assembly for
that campus exceeds
that campus's capital
component earnings. The sum of the amounts deducted shall be transferred to appropriation item 235-552, Capital Component, in each fiscal year. (D) EXCEPTIONAL CIRCUMSTANCES Adjustments may be made to the state share of instruction
payments
and
other subsidies distributed by the Board of Regents
to
state-assisted colleges and universities for exceptional
circumstances. No adjustments for exceptional circumstances may
be made without the recommendation of the Chancellor and the
approval of the Controlling Board. (E) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF INSTRUCTION The standard provisions of the state share of instruction calculation as described in the preceding sections of temporary law shall apply to any reductions made to appropriation item 235-501, State Share of Instruction, before the Board of Regents has formally approved the final allocation of the state share of instruction funds for any fiscal year. Any reductions made to appropriation item 235-501, State Share of Instruction, after the Board of Regents has formally approved the final allocation of the state share of instruction funds for any fiscal year, shall be uniformly applied to each campus in proportion to its share of the final allocation. (F) DISTRIBUTION OF STATE SHARE OF INSTRUCTION The state share of instruction payments to the institutions
shall
be in substantially equal monthly amounts during the fiscal
year,
unless otherwise determined by the Director of Budget and
Management pursuant to section 126.09 of the
Revised Code.
Payments during the first six months of the fiscal
year shall be
based upon the state share of instruction appropriation
estimates
made for the various institutions of higher education
according to
Board of Regents enrollment estimates.
Payments during the last
six months of the fiscal year shall be
distributed after approval
of the Controlling Board upon the
request of the Board of
Regents. (G) LAW SCHOOL SUBSIDY The state share of instruction to state-supported
universities for
students
enrolled in law schools in fiscal year
2006 and fiscal year 2007 shall be
calculated by using the number
of subsidy-eligible FTE law
school students funded by state
subsidy in fiscal year 1995 or the actual
number of
subsidy-eligible FTE law school students at the
institution in the
fiscal year, whichever is less. (H) FUNDS REQUIRING CONTROLLING BOARD APPROVAL
Of the foregoing appropriation item 235-501, State Share of Instruction, $30,000,000 in fiscal year 2007 shall not be disbursed without approval of the Controlling Board. Within ten days after the issuance of the report of the Higher Education Funding Study Council required by Section 209.63.58 of this act Am. Sub. H.B. 66 of the 126th General Assembly, the Board of Regents shall seek the Controlling Board's approval to disburse the $30,000,000 appropriation.
Sec. 209.64.22. STATE UNIVERSITY CLINICAL TEACHING
The foregoing appropriation items 235-536, The Ohio State University Clinical Teaching; 235-537, University of Cincinnati Clinical Teaching; 235-538, Medical University of Ohio at Toledo Clinical Teaching; 235-539, Wright State University Clinical Teaching; 235-540, Ohio University Clinical Teaching; and 235-541, Northeastern Ohio Universities College of Medicine Clinical Teaching, shall be distributed through the Board of Regents.
Of the foregoing appropriation item 235-539, Wright State University Clinical Teaching, $124,644 in each fiscal year of the biennium shall be for the use of Wright State University's Ellis Institute for Clinical Teaching Studies to operate the clinical facility to serve the Greater Dayton area. The Board of Regents, in consultation with representatives of each of the six state-assisted colleges of medicine, shall study and propose recommendations for a formula to allocate appropriations for clinical teaching support. The consultation shall consider factors that reward medical schools for serving Ohio's health care needs in an equitable and efficient manner. Recommendations shall be submitted to the Office of Budget and Management and the General Assembly for consideration by November 15, 2006. A new method, approved by the Office of Budget and Management and the General Assembly, shall be implemented in fiscal years 2008 and 2009 for distributing funds for clinical teaching support.
SECTION 6. That existing Sections 209.63, 209.63.57, and 209.64.22 of Am. Sub. H.B. 66 of the 126th General Assembly are hereby repealed.
SECTION 7. The combination of the Medical University of Ohio at Toledo and the University of Toledo into the combined University of Toledo by this act does not change the status of any employee of either university in the Public Employees Retirement System. It is the intent of the General Assembly in amending section 145.011 of the Revised Code to ensure continued membership in the Public Employees Retirement System for nonteaching employees of the former Medical University of Ohio at Toledo and not to add to the category of employees eligible for membership in the system. SECTION 8. Sections 1, 2, 3, 5, 6, and 7 of this act take effect July 1, 2006. Section 4 of this act shall take effect on the earliest date permitted by law.
|