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Sub. H. B. No. 266 As Reported by the Senate State and Local Government and Veterans Affairs CommitteeAs Reported by the Senate State and Local Government and Veterans Affairs Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors: Representatives Zehringer, Stebelton, Evans, McGregor, J., Goodwin, Setzer, Seitz, Aslanides, Combs, Domenick, Fessler, Newcomb, Otterman, J., Reinhard, Ujvagi, Widowfield, Daniels, Hughes, Koziura, Patton, Schlichter, Schneider, Yuko
A BILL
To amend sections 345.08 and 3354.26 of the Revised
Code and to amend
Section 201.50 of H.B. 496 of
the 127th General Assembly, as
subsequently
amended, to enable
more flexible composition of
veterans memorial
boards of trustees, to
establish
corrective action grants for school
facilities
projects, to
make a capital
appropriation, and to
modify the relationship
between Rio Grande Community College and
the
University of Rio Grande.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 345.08 and 3354.26 of the Revised
Code be amended
to read as follows:
Sec. 345.08. Within five days after the certification to
the
taxing authority of the result of an election held under
sections
345.02 to 345.05 of the Revised Code, provided a
majority of the
votes cast on the proposal submitted are in favor
of such
proposal, or within five days after adoption by the
taxing
authority of an ordinance or resolution to authorize the
issuance
of any such bonds without a vote of the electors, the
taxing
authority of the township or county, or the mayor of the
municipal
corporation shall appoint a board of trustees,
consisting of at
least five but not more than eleven members, which shall, at all
times, be so
constituted that at least seven a majority of its
members are honorably
discharged veterans of the armed forces of
the United States,
having served in one or more wars in which the
United States was
a belligerent. Not more than six members of the
board shall be
from the same political party. Five A majority of
such trustees shall be
appointed for three years and six the
remaining trustees shall be appointed for five years, and
thereafter,
on the expiration of the original term, appointments
shall be
made for terms of five years. Appointments to fill
vacancies
shall be for the unexpired term.
Sec. 3354.26. (A) Notwithstanding the provisions in section
3354.07 and division (A) of section 3354.09 of the Revised Code,
which allow the board of trustees of a community college district
to contract with a generally accredited public university or
college for operation of such community college, the board of
trustees of the Rio Grande community college district and the
board of trustees of the university of Rio Grande, a private
nonprofit corporation also located in Rio Grande, Ohio, may enter
into a contract for the board of trustees of the university of Rio
Grande to provide for operation of the community college. The
Provided that the terms and conditions are approved by the Ohio
ethics commission and the controlling board, the
community
college may enter into a contract to
employ a person to serve as
president of the
community college,
and also may have that
person serve as
president of the
university as established by
the
contract entered into pursuant
to this section. The salary,
benefits, and other compensation for
any such employee for all
duties shall be determined and paid
solely by the community
college.
(B)(1) The board of trustees of the community college may,
along with the university, enter into a contract with a nonprofit
organization, established for educational purposes related to both
the community college and the university, to hire administrative
officers or employees, not including the president as provided for
in division (A) of this section and the treasurer, to be shared by
the community college and university.
(2) Membership on the governing board of a nonprofit
organization, established for educational purposes related to both
the community college and the university, and membership on the
board of trustees of the Rio Grande community college district
does not create a conflict of interest under Chapter 102. of the
Revised Code. A contract between such nonprofit organization board
and community college board does not create an unlawful interest
in a public contract under section 2921.42 of the Revised Code for
a person serving on both boards.
Section 2. That existing sections 345.08 and 3354.26 of the
Revised Code are hereby repealed.
Section 3.
That Section 201.50 of H.B. 496 of the 127th
General Assembly, as amended by Am. Sub. H.B. 562 of the 127th
General Assembly, be amended to read as follows:
Sec. 201.50. All items set forth in this section are
hereby
appropriated out of any moneys in the state treasury to the
credit
of the School Building Program Assistance Fund (Fund
7032)
that
are not otherwise appropriated:
SFC SCHOOL FACILITIES COMMISSION
C23002 |
|
School Building Program Assistance |
|
$ |
3,572,253,121 3,547,253,121 |
C23005 |
|
Exceptional Needs |
|
$ |
28,504,951 |
C23010 |
|
Vocation Facilities Assistance Program |
|
$ |
11,115,616 |
C23011 |
|
Corrective Action Grants |
|
$ |
25,000,000 |
Total School Facilities Commission |
|
$ |
3,611,873,688 |
TOTAL School Building Program Assistance Fund |
|
$ |
3,611,873,688 |
CONSTRUCTION OF NEW BLIND AND DEAF SCHOOLS
Of the foregoing appropriation item C23002, School Building
Program Assistance, $37,080,000 shall be used for constructing new
facilities, or renovating existing facilities, or both, on the
current campuses of the Ohio State School for the Blind and the
Ohio School for the Deaf. Notwithstanding sections 123.01 and
123.15 of the Revised Code and in addition to its powers under
Chapter 3318. of the Revised Code, the Ohio School Facilities
Commission shall administer the project pursuant to the memorandum
of understanding that the Ohio State School for the Blind, the
Ohio School for the Deaf, and the Ohio School Facilities
Commission signed on October 31, 2007. The project shall comply
to the fullest extent possible with the specifications and
policies set forth in the Ohio School Facilities Design Manual and
shall not be considered a part of any program created under
Chapter 3318. of the Revised Code. As agreed to by the parties in
the memorandum of understanding, $37,080,000 is sufficient to
complete the construction or
renovation of the facilities needed
for the education of both the
deaf and blind student communities
and additional appropriations
will not be required. Upon issuance
by the Commission
of a
certificate of completion of the project,
the Commission's
participation in the project shall end.
The Executive Director of the Ohio School Facilities
Commission shall comply with the procedures and guidelines
established in Chapter 153. of the Revised Code. Upon the release
of funds for the project by the Controlling Board or the Director
of Budget and Management, the Commission may administer the
project without the supervision, control, or approval of the
Director of Administrative Services. Any references to the
Director of Administrative Services in the Revised Code, with
respect to the administration of the project, shall be read as if
they referred to the Director of the Ohio School Facilities
Commission.
The foregoing appropriation item C23011, Corrective Action
Grants, may be used to provide funding to bring facilities up to
Ohio School Design Manual standards for a project funded pursuant
to sections 3318.01 to 3318.20 or 3318.40 to 3318.45 of the
Revised Code for the correction of work found during or after
project close-out to be defective, or for the remediation of work
found during or after project close-out to be omitted. Funding
shall only be provided for work if the impacted school district
notifies the Executive Director of the Ohio School Facilities
Commission within five years of project close-out. The Commission
may provide funding assistance necessary to take corrective
measures after evaluating defective or omitted work. If the work
to be corrected or remediated is part of a project not yet
completed, the Commission may amend the project agreement to
increase the project budget and use corrective action funding to
provide the local share of the amendment. If the work to be
corrected or remediated was part of a completed project and funds
were retained or transferred pursuant to division (C) of section
3318.12 of the Revised Code, the Commission may enter into a new
agreement to address the necessary corrective action. The
Commission shall assess responsibility for the defective or
omitted work and seek cost recovery from responsible parties, if
applicable. Any funds recovered shall be deposited into the School
Building Program Assistance Fund (Fund 7032).
Section 4. That existing Section 201.50 of H.B. 496 of the
127th General Assembly, as amended by Am. Sub. H.B. 562 of the
127th General Assembly, is hereby repealed.
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