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.
|
S. B. No. 85 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
| |
Cosponsors:
Senators Cates, Cafaro, Lehner, Tavares, LaRose, Gillmor, Seitz, Oelslager, Brown
A BILL
To amend sections 145.01, 145.011, 151.04, 154.01,
185.03, 185.05, 3304.30, 3305.01, 3333.045,
3333.11, 3333.111, 3333.611, 3334.01, 3345.04,
3345.12, 3345.121, 3345.17, 3345.201, 3345.28,
3345.281, 3345.31, 3345.32, 3345.34, 3345.50,
3345.51, 3345.71, 3350.10, 3350.11, 3350.12,
3350.13, and 3350.14 of the Revised Code and
Sections 371.10, 371.20.80, and 371.40.90 of Am.
Sub. H.B. 1 of the 128th General Assembly and
Section 105.45.20 of Sub. H.B. 462 of the 128th
General Assembly to rename the Northeastern Ohio
Universities Colleges of Medicine and Pharmacy as
the Northeast Ohio Medical University.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.01, 145.011, 151.04, 154.01,
185.03, 185.05, 3304.30, 3305.01, 3333.045, 3333.11, 3333.111,
3333.611, 3334.01, 3345.04, 3345.12, 3345.121, 3345.17, 3345.201,
3345.28, 3345.281, 3345.31, 3345.32, 3345.34, 3345.50, 3345.51,
3345.71, 3350.10, 3350.11, 3350.12, 3350.13, and 3350.14 of the
Revised Code be amended to read as follows:
Sec. 145.01. As used in this chapter:
(A) "Public employee" means:
(1) Any person holding an office, not elective, under the
state or any county, township, municipal corporation, park
district, conservancy district, sanitary district, health
district, metropolitan housing authority, state retirement board,
Ohio historical society, public library, county law library, union
cemetery, joint hospital, institutional commissary, state
university, or board, bureau, commission, council, committee,
authority, or administrative body as the same are, or have been,
created by action of the general assembly or by the legislative
authority of any of the units of local government named in
division (A)(1) of this section, or employed and paid in whole or
in part by the state or any of the authorities named in division
(A)(1) of this section in any capacity not covered by section
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees
retirement system and who continues to perform the same or similar
duties under the direction of a contractor who has contracted to
take over what before the date of the contract was a publicly
operated function. The governmental unit with which the contract
has been made shall be deemed the employer for the purposes of
administering this chapter.
(3) Any person who is an employee of a public employer,
notwithstanding that the person's compensation for that employment
is derived from funds of a person or entity other than the
employer. Credit for such service shall be included as total
service credit, provided that the employee makes the payments
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code.
(4) A person who elects in accordance with section 145.015 of
the Revised Code to remain a contributing member of the public
employees retirement system.
In all cases of doubt, the public employees retirement board
shall determine whether any person is a public employee, and its
decision is final.
(B) "Member" means any public employee, other than a public
employee excluded or exempted from membership in the retirement
system by section 145.03, 145.031, 145.032, 145.033, 145.034,
145.035, or 145.38 of the Revised Code. "Member" includes a PERS
retirant who becomes a member under division (C) of section 145.38
of the Revised Code. "Member" also includes a disability benefit
recipient.
(C) "Head of the department" means the elective or appointive
head of the several executive, judicial, and administrative
departments, institutions, boards, and commissions of the state
and local government as the same are created and defined by the
laws of this state or, in case of a charter government, by that
charter.
(D) "Employer" or "public employer" means the state or any
county, township, municipal corporation, park district,
conservancy district, sanitary district, health district,
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union
cemetery, joint hospital, institutional commissary, state medical
college university, state university, or board, bureau,
commission, council, committee, authority, or administrative body
as the same are, or have been, created by action of the general
assembly or by the legislative authority of any of the units of
local government named in this division not covered by section
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code. In
addition, "employer" means the employer of any public employee.
(E) "Prior service" means all service as a public employee
rendered before January 1, 1935, and all service as an employee of
any employer who comes within the state teachers retirement system
or of the school employees retirement system or of any other
retirement system established under the laws of this state
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that
other system after that other system was established, credit for
the service may be allowed by the public employees retirement
system only when the employee has made payment, to be computed on
the salary earned from the date of appointment to the date
membership was established in the public employees retirement
system, at the rate in effect at the time of payment, and the
employer has made payment of the corresponding full liability as
provided by section 145.44 of the Revised Code. "Prior service"
also means all service credited for active duty with the armed
forces of the United States as provided in section 145.30 of the
Revised Code.
If an employee who has been granted prior service credit by
the public employees retirement system for service rendered prior
to January 1, 1935, as an employee of a board of education
establishes, before retirement, one year or more of contributing
service in the state teachers retirement system or school
employees retirement system, then the prior service ceases to be
the liability of this system.
If the board determines that a position of any member in any
calendar year prior to January 1, 1935, was a part-time position,
the board shall determine what fractional part of a year's credit
shall be allowed by the following formula:
(1) When the member has been either elected or appointed to
an office the term of which was two or more years and for which an
annual salary is established, the fractional part of the year's
credit shall be computed as follows:
First, when the member's annual salary is one thousand
dollars or less, the service credit for each such calendar year
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary
above one thousand dollars, the member's service credit for each
such calendar year shall be increased by two and one-half per
cent.
(2) When the member is paid on a per diem basis, the service
credit for any single year of the service shall be determined by
using the number of days of service for which the compensation was
received in any such year as a numerator and using two hundred
fifty days as a denominator.
(3) When the member is paid on an hourly basis, the service
credit for any single year of the service shall be determined by
using the number of hours of service for which the compensation
was received in any such year as a numerator and using two
thousand hours as a denominator.
(F) "Contributor" means any person who has an account in the
employees' savings fund created by section 145.23 of the Revised
Code. When used in the sections listed in division (B) of section
145.82 of the Revised Code, "contributor" includes any person
participating in a PERS defined contribution plan.
(G) "Beneficiary" or "beneficiaries" means the estate or a
person or persons who, as the result of the death of a member,
contributor, or retirant, qualify for or are receiving some right
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in section
145.37 of the Revised Code, means all service credited to a member
of the retirement system since last becoming a member, including
restored service credit as provided by section 145.31 of the
Revised Code; credit purchased under sections 145.293 and 145.299
of the Revised Code; all the member's prior service credit; all
the member's military service credit computed as provided in this
chapter; all service credit established pursuant to section
145.297 of the Revised Code; and any other service credited under
this chapter. In addition, "total service credit" includes any
period, not in excess of three years, during which a member was
out of service and receiving benefits under Chapters 4121. and
4123. of the Revised Code. For the exclusive purpose of satisfying
the service credit requirement and of determining eligibility for
benefits under sections 145.32, 145.33, 145.331, 145.35, 145.36,
and 145.361 of the Revised Code, "five or more years of total
service credit" means sixty or more calendar months of
contributing service in this system.
(2) "One and one-half years of contributing service credit,"
as used in division (B) of section 145.45 of the Revised Code,
also means eighteen or more calendar months of employment by a
municipal corporation that formerly operated its own retirement
plan for its employees or a part of its employees, provided that
all employees of that municipal retirement plan who have eighteen
or more months of such employment, upon establishing membership in
the public employees retirement system, shall make a payment of
the contributions they would have paid had they been members of
this system for the eighteen months of employment preceding the
date membership was established. When that payment has been made
by all such employee members, a corresponding payment shall be
paid into the employers' accumulation fund by that municipal
corporation as the employer of the employees.
(3) Where a member also is a member of the state teachers
retirement system or the school employees retirement system, or
both, except in cases of retirement on a combined basis pursuant
to section 145.37 of the Revised Code or as provided in section
145.383 of the Revised Code, service credit for any period shall
be credited on the basis of the ratio that contributions to the
public employees retirement system bear to total contributions in
all state retirement systems.
(4) Not more than one year of credit may be given for any
period of twelve months.
(5) "Ohio service credit" means credit for service that was
rendered to the state or any of its political subdivisions or any
employer.
(I) "Regular interest" means interest at any rates for the
respective funds and accounts as the public employees retirement
board may determine from time to time.
(J) "Accumulated contributions" means the sum of all amounts
credited to a contributor's individual account in the employees'
savings fund together with any interest credited to the
contributor's account under section 145.471 or 145.472 of the
Revised Code.
(K)(1) "Final average salary" means the quotient obtained by
dividing by three the sum of the three full calendar years of
contributing service in which the member's earnable salary was
highest, except that if the member has a partial year of
contributing service in the year the member's employment
terminates and the member's earnable salary for the partial year
is higher than for any comparable period in the three years, the
member's earnable salary for the partial year shall be substituted
for the member's earnable salary for the comparable period during
the three years in which the member's earnable salary was lowest.
(2) If a member has less than three years of contributing
service, the member's final average salary shall be the member's
total earnable salary divided by the total number of years,
including any fraction of a year, of the member's contributing
service.
(3) For the purpose of calculating benefits payable to a
member qualifying for service credit under division (Z) of this
section, "final average salary" means the total earnable salary on
which contributions were made divided by the total number of years
during which contributions were made, including any fraction of a
year. If contributions were made for less than twelve months,
"final average salary" means the member's total earnable salary.
(L) "Annuity" means payments for life derived from
contributions made by a contributor and paid from the annuity and
pension reserve fund as provided in this chapter. All annuities
shall be paid in twelve equal monthly installments.
(M) "Annuity reserve" means the present value, computed upon
the basis of the mortality and other tables adopted by the board,
of all payments to be made on account of any annuity, or benefit
in lieu of any annuity, granted to a retirant as provided in this
chapter.
(N)(1) "Disability retirement" means retirement as provided
in section 145.36 of the Revised Code.
(2) "Disability allowance" means an allowance paid on account
of disability under section 145.361 of the Revised Code.
(3) "Disability benefit" means a benefit paid as disability
retirement under section 145.36 of the Revised Code, as a
disability allowance under section 145.361 of the Revised Code, or
as a disability benefit under section 145.37 of the Revised Code.
(4) "Disability benefit recipient" means a member who is
receiving a disability benefit.
(O) "Age and service retirement" means retirement as provided
in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of
the Revised Code.
(P) "Pensions" means annual payments for life derived from
contributions made by the employer that at the time of retirement
are credited into the annuity and pension reserve fund from the
employers' accumulation fund and paid from the annuity and pension
reserve fund as provided in this chapter. All pensions shall be
paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that
portion of the benefit derived from contributions made by the
member.
(R)(1) Except as otherwise provided in division (R) of this
section, "earnable salary" means all salary, wages, and other
earnings paid to a contributor by reason of employment in a
position covered by the retirement system. The salary, wages, and
other earnings shall be determined prior to determination of the
amount required to be contributed to the employees' savings fund
under section 145.47 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. "Earnable salary"
includes the following:
(a) Payments made by the employer in lieu of salary, wages,
or other earnings for sick leave, personal leave, or vacation used
by the contributor;
(b) Payments made by the employer for the conversion of sick
leave, personal leave, and vacation leave accrued, but not used if
the payment is made during the year in which the leave is accrued,
except that payments made pursuant to section 124.383 or 124.386
of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance,
consisting of housing, laundry, and meals, as certified to the
retirement board by the employer or the head of the department
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the
Revised Code;
(e) Payments that are made under a disability leave program
sponsored by the employer and for which the employer is required
by section 145.296 of the Revised Code to make periodic employer
and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) of
this section.
(2) "Earnable salary" does not include any of the following:
(a) Fees and commissions, other than those paid under section
507.09 of the Revised Code, paid as sole compensation for personal
services and fees and commissions for special services over and
above services for which the contributor receives a salary;
(b) Amounts paid by the employer to provide life insurance,
sickness, accident, endowment, health, medical, hospital, dental,
or surgical coverage, or other insurance for the contributor or
the contributor's family, or amounts paid by the employer to the
contributor in lieu of providing the insurance;
(c) Incidental benefits, including lodging, food, laundry,
parking, or services furnished by the employer, or use of the
employer's property or equipment, or amounts paid by the employer
to the contributor in lieu of providing the incidental benefits;
(d) Reimbursement for job-related expenses authorized by the
employer, including moving and travel expenses and expenses
related to professional development;
(e) Payments for accrued but unused sick leave, personal
leave, or vacation that are made at any time other than in the
year in which the sick leave, personal leave, or vacation was
accrued;
(f) Payments made to or on behalf of a contributor 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;
(g) 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;
(h) Anything of value received by the contributor that is
based on or attributable to retirement or an agreement to retire,
except that payments made on or before January 1, 1989, that are
based on or attributable to an agreement to retire shall be
included in earnable salary if both of the following apply:
(i) The payments are made in accordance with contract
provisions that were in effect prior to January 1, 1986;
(ii) The employer pays the retirement system an amount
specified by the retirement board equal to the additional
liability resulting from the payments.
(3) The retirement board shall determine by rule whether any
compensation not enumerated in division (R) of this section is
earnable salary, and its decision shall be final.
(S) "Pension reserve" means the present value, computed upon
the basis of the mortality and other tables adopted by the board,
of all payments to be made on account of any retirement allowance
or benefit in lieu of any retirement allowance, granted to a
member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited to a
member of the system since January 1, 1935, for which
contributions are made as required by sections 145.47, 145.48, and
145.483 of the Revised Code. In any year subsequent to 1934,
credit for any service shall be allowed by the following formula:
(a) For each month for which the member's earnable salary is
two hundred fifty dollars or more, allow one month's credit.
(b) For each month for which the member's earnable salary is
less than two hundred fifty dollars, allow a fraction of a month's
credit. The numerator of this fraction shall be the earnable
salary during the month, and the denominator shall be two hundred
fifty dollars, except that if the member's annual earnable salary
is less than six hundred dollars, the member's credit shall not be
reduced below twenty per cent of a year for a calendar year of
employment during which the member worked each month. Division
(T)(1)(b) of this section shall not reduce any credit earned
before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an
elected official who prior to January 1, 1980, was granted a full
year of credit for each year of service as an elected official
shall be considered to have earned a full year of credit for each
year of service regardless of whether the service was full-time or
part-time. The public employees retirement board has no authority
to reduce the credit.
(U) "State retirement board" means the public employees
retirement board, the school employees retirement board, or the
state teachers retirement board.
(V) "Retirant" means any former member who retires and is
receiving a monthly allowance as provided in sections 145.32,
145.33, 145.331, 145.34, and 145.46 of the Revised Code.
(W) "Employer contribution" means the amount paid by an
employer as determined under section 145.48 of the Revised Code.
(X) "Public service terminates" means the last day for which
a public employee is compensated for services performed for an
employer or the date of the employee's death, whichever occurs
first.
(Y) When a member has been elected or appointed to an office,
the term of which is two or more years, for which an annual salary
is established, and in the event that the salary of the office is
increased and the member is denied the additional salary by reason
of any constitutional provision prohibiting an increase in salary
during a term of office, the member may elect to have the amount
of the member's contributions calculated upon the basis of the
increased salary for the office. At the member's request, the
board shall compute the total additional amount the member would
have contributed, or the amount by which each of the member's
contributions would have increased, had the member received the
increased salary for the office the member holds. If the member
elects to have the amount by which the member's contribution would
have increased withheld from the member's salary, the member shall
notify the employer, and the employer shall make the withholding
and transmit it to the retirement system. A member who has not
elected to have that amount withheld may elect at any time to make
a payment to the retirement system equal to the additional amount
the member's contribution would have increased, plus interest on
that contribution, compounded annually at a rate established by
the board and computed from the date on which the last
contribution would have been withheld from the member's salary to
the date of payment. A member may make a payment for part of the
period for which the increased contribution was not withheld, in
which case the interest shall be computed from the date the last
contribution would have been withheld for the period for which the
payment is made. Upon the payment of the increased contributions
as provided in this division, the increased annual salary as
provided by law for the office for the period for which the member
paid increased contributions thereon shall be used in determining
the member's earnable salary for the purpose of computing the
member's final average salary.
(Z) "Five years of service credit," for the exclusive purpose
of satisfying the service credit requirements and of determining
eligibility for benefits under section 145.33 of the Revised Code,
means employment covered under this chapter or under a former
retirement plan operated, recognized, or endorsed by the employer
prior to coverage under this chapter or under a combination of the
coverage.
(AA) "Deputy sheriff" means any person who is commissioned
and employed as a full-time peace officer by the sheriff of any
county, and has been so employed since on or before December 31,
1965; any person who is or has been commissioned and employed as a
peace officer by the sheriff of any county since January 1, 1966,
and who has received a certificate attesting to the person's
satisfactory completion of the peace officer training school as
required by section 109.77 of the Revised Code; or any person
deputized by the sheriff of any county and employed pursuant to
section 2301.12 of the Revised Code as a criminal bailiff or court
constable who has received a certificate attesting to the person's
satisfactory completion of the peace officer training school as
required by section 109.77 of the Revised Code.
(BB) "Township constable or police officer in a township
police department or district" means any person who is
commissioned and employed as a full-time peace officer pursuant to
Chapter 505. or 509. of the Revised Code, who has received a
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 of
the Revised Code.
(CC) "Drug agent" means any person who is either of the
following:
(1) Employed full time as a narcotics agent by a county
narcotics agency created pursuant to section 307.15 of the Revised
Code and has received a certificate attesting to the satisfactory
completion of the peace officer training school as required by
section 109.77 of the Revised Code;
(2) Employed full time as an undercover drug agent as defined
in section 109.79 of the Revised Code and is in compliance with
section 109.77 of the Revised Code.
(DD) "Department of public safety enforcement agent" means a
full-time employee of the department of public safety who is
designated under section 5502.14 of the Revised Code as an
enforcement agent and who is in compliance with section 109.77 of
the Revised Code.
(EE) "Natural resources law enforcement staff officer" means
a full-time employee of the department of natural resources who is
designated a natural resources law enforcement staff officer under
section 1501.013 of the Revised Code and is in compliance with
section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the
department of natural resources who is designated a park officer
under section 1541.10 of the Revised Code and is in compliance
with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the
department of natural resources who is designated a forest officer
under section 1503.29 of the Revised Code and is in compliance
with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time employee of the
department of natural resources who is designated a preserve
officer under section 1517.10 of the Revised Code and is in
compliance with section 109.77 of the Revised Code.
(II) "Wildlife officer" means a full-time employee of the
department of natural resources who is designated a wildlife
officer under section 1531.13 of the Revised Code and is in
compliance with section 109.77 of the Revised Code.
(JJ) "State watercraft officer" means a full-time employee of
the department of natural resources who is designated a state
watercraft officer under section 1547.521 of the Revised Code and
is in compliance with section 109.77 of the Revised Code.
(KK) "Park district police officer" means a full-time
employee of a park district who is designated pursuant to section
511.232 or 1545.13 of the Revised Code and is in compliance with
section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time
employee of a conservancy district who is designated pursuant to
section 6101.75 of the Revised Code and is in compliance with
section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the
organized police department of a municipal corporation who is
employed full time, is in compliance with section 109.77 of the
Revised Code, and is not a member of the Ohio police and fire
pension fund.
(NN) "Veterans' home police officer" means any person who is
employed at a veterans' home as a police officer pursuant to
section 5907.02 of the Revised Code and is in compliance with
section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health institution"
means any person who is designated as such pursuant to section
5119.14 of the Revised Code and is in compliance with section
109.77 of the Revised Code.
(PP) "Special police officer for an institution for the
mentally retarded and developmentally disabled" means any person
who is designated as such pursuant to section 5123.13 of the
Revised Code and is in compliance with section 109.77 of the
Revised Code.
(QQ) "State university law enforcement officer" means any
person who is employed full time as a state university law
enforcement officer pursuant to section 3345.04 of the Revised
Code and who is in compliance with section 109.77 of the Revised
Code.
(RR) "House sergeant at arms" means any person appointed by
the speaker of the house of representatives under division (B)(1)
of section 101.311 of the Revised Code who has arrest authority
under division (E)(1) of that section.
(SS) "Assistant house sergeant at arms" means any person
appointed by the house sergeant at arms under division (C)(1) of
section 101.311 of the Revised Code.
(TT) "Regional transit authority police officer" means a
person who is employed full time as a regional transit authority
police officer under division (Y) of section 306.35 of the Revised
Code and is in compliance with section 109.77 of the Revised Code.
(UU) "State highway patrol police officer" means a special
police officer employed full time and designated by the
superintendent of the state highway patrol pursuant to section
5503.09 of the Revised Code or a person serving full time as a
special police officer pursuant to that section on a permanent
basis on October 21, 1997, who is in compliance with section
109.77 of the Revised Code.
(VV) "Municipal public safety director" means a person who
serves full time as the public safety director of a municipal
corporation with the duty of directing the activities of the
municipal corporation's police department and fire department.
(WW) Notwithstanding section 2901.01 of the Revised Code,
"PERS law enforcement officer" means a sheriff or any of the
following whose primary duties are to preserve the peace, protect
life and property, and enforce the laws of this state: a deputy
sheriff, township constable or police officer in a township police
department or district, drug agent, department of public safety
enforcement agent, natural resources law enforcement staff
officer, park officer, forest officer, preserve officer, wildlife
officer, state watercraft officer, park district police officer,
conservancy district officer, veterans' home police officer,
special police officer for a mental health institution, special
police officer for an institution for the mentally retarded and
developmentally disabled, state university law enforcement
officer, municipal police officer, house sergeant at arms,
assistant house sergeant at arms, regional transit authority
police officer, or state highway patrol police officer. PERS law
enforcement officer also includes a person serving as a municipal
public safety director at any time during the period from
September 29, 2005, to the effective date of this amendment March
24, 2009, if the duties of that service were to preserve the
peace, protect life and property, and enforce the laws of this
state.
(XX) "Hamilton county municipal court bailiff" means a person
appointed by the clerk of courts of the Hamilton county municipal
court under division (A)(3) of section 1901.32 of the Revised Code
who is employed full time as a bailiff or deputy bailiff, who has
received a certificate attesting to the person's satisfactory
completion of the peace officer basic training described in
division (D)(1) of section 109.77 of the Revised Code.
(YY) "PERS public safety officer" means a Hamilton county
municipal court bailiff, or any of the following whose primary
duties are other than to preserve the peace, protect life and
property, and enforce the laws of this state: a deputy sheriff,
township constable or police officer in a township police
department or district, drug agent, department of public safety
enforcement agent, natural resources law enforcement staff
officer, park officer, forest officer, preserve officer, wildlife
officer, state watercraft officer, park district police officer,
conservancy district officer, veterans' home police officer,
special police officer for a mental health institution, special
police officer for an institution for the mentally retarded and
developmentally disabled, state university law enforcement
officer, municipal police officer, house sergeant at arms,
assistant house sergeant at arms, regional transit authority
police officer, or state highway patrol police officer. PERS
public safety officer also includes a person serving as a
municipal public safety director at any time during the period
from September 29, 2005, to the effective date of this amendment
March 24, 2009, if the duties of that service were other than to
preserve the peace, protect life and property, and enforce the
laws of this state.
(ZZ) "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.
(AAA) "Actuary" means an individual who satisfies all of the
following requirements:
(1) Is a member of the American academy of actuaries;
(2) Is an associate or fellow of the society of actuaries;
(3) Has a minimum of five years' experience in providing
actuarial services to public retirement plans.
(BBB) "PERS defined benefit plan" means the plan described in
sections 145.201 to 145.79 of the Revised Code.
(CCC) "PERS defined contribution plans" means the plan or
plans established under section 145.81 of the Revised Code.
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 and the
northeastern northeast Ohio universities
college of medicine medical university;
(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 northeast Ohio universities college of
medicine medical university.
(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
northeastern northeast Ohio universities college of
medicine medical university, 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.
(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. 185.03. (A) The patient centered medical home education
advisory group is hereby created for the purpose of implementing
and administering the patient centered medical home pilot project.
The advisory group shall develop a set of expected outcomes for
the pilot project.
(B) The advisory group shall consist of the following voting
members:
(1) One individual with expertise in the training and
education of primary care physicians who is appointed by the dean
of the university of Toledo college of medicine;
(2) One individual with expertise in the training and
education of primary care physicians who is appointed by the dean
of the Boonshoft school of medicine at Wright state university;
(3) One individual with expertise in the training and
education of primary care physicians who is appointed by the
president and dean of the northeastern northeast Ohio universities
colleges of medicine and pharmacy medical university;
(4) One individual with expertise in the training and
education of primary care physicians who is appointed by the dean
of the Ohio university college of osteopathic medicine;
(5) Two individuals appointed by the governing board of the
Ohio academy of family physicians;
(6) One individual appointed by the governing board of the
Ohio chapter of the American college of physicians;
(7) One individual appointed by the governing board of the
American academy of pediatrics;
(8) One individual appointed by the governing board of the
Ohio osteopathic association;
(9) One individual with expertise in the training and
education of advanced practice nurses who is appointed by the
governing board of the Ohio council of deans and directors of
baccalaureate and higher degree programs in nursing;
(10) One individual appointed by the governing board of the
Ohio nurses association;
(11) One individual appointed by the governing board of the
Ohio association of advanced practice nurses;
(12) A member of the health care coverage and quality
council, other than the advisory group member specified in
division (C)(2) of this section, appointed by the superintendent
of insurance.
(C) The advisory group shall consist of the following
nonvoting, ex officio members:
(1) The executive director of the state medical board, or the
director's designee;
(2) The executive director of the board of nursing or the
director's designee;
(3) The chancellor of the Ohio board of regents, or the
chancellor's designee;
(4) The individual within the department of job and family
services who serves as the director of medicaid, or the director's
designee;
(5) The director of health or the director's designee.
(D) Advisory group members who are appointed shall serve at
the pleasure of their appointing authorities. Terms of office of
appointed members shall be three years, except that a member's
term ends if the pilot project ceases operation during the
member's term.
Vacancies shall be filled in the manner provided for original
appointments.
Members shall serve without compensation, except to the
extent that serving on the advisory group is considered part of
their regular employment duties.
(E) The advisory group shall select from among its members a
chairperson and vice-chairperson. The advisory group may select
any other officers it considers necessary to conduct its business.
A majority of the members of the advisory group constitutes a
quorum for the transaction of official business. A majority of a
quorum is necessary for the advisory group to take any action,
except that when one or more members of a quorum are required to
abstain from voting as provided in division (C)(1)(d) or (C)(2)(c)
of section 185.05 of the Revised Code, the number of members
necessary for a majority of a quorum shall be reduced accordingly.
The advisory group shall meet as necessary to fulfill its
duties. The times and places for the meetings shall be selected by
the chairperson.
(F) Sections 101.82 to 101.87 of the Revised Code do not
apply to the advisory group.
Sec. 185.05. (A) The patient centered medical home education
advisory group shall accept applications for inclusion in the
patient centered medical home education pilot project from primary
care practices with educational affiliations, as determined by the
advisory group, with one or more of the following:
(1) The Boonshoft school of medicine at Wright state
university;
(2) The university of Toledo college of medicine;
(3) The northeastern northeast Ohio universities colleges of
medicine and pharmacy medical university;
(4) The Ohio university college of osteopathic medicine;
(5) The college of nursing at the university of Toledo;
(6) The Wright state university college of nursing and
health;
(7) The college of nursing at Kent state university;
(8) The university of Akron college of nursing;
(9) The school of nursing at Ohio university.
(B)(1) Subject to division (C)(1) of this section, the
advisory group shall select for inclusion in the pilot project not
more than the following number of physician practices:
(a) Ten practices affiliated with the Boonshoft school of
medicine at Wright state university;
(b) Ten practices affiliated with the university of Toledo
college of medicine;
(c) Ten practices affiliated with the northeastern northeast
Ohio
universities colleges of medicine and pharmacy medical
university;
(d) Ten practices affiliated with the centers for osteopathic
research and education of the Ohio university college of
osteopathic medicine.
(2) Subject to division (C)(2) of this section, the advisory
group shall select for inclusion in the pilot project not less
than the following number of advanced practice nurse primary care
practices:
(a) One practice affiliated with the college of nursing at
the university of Toledo;
(b) One practice affiliated with the Wright state university
college of nursing and health;
(c) One practice affiliated with the college of nursing at
Kent state university or the university of Akron college of
nursing;
(d) One practice affiliated with the school of nursing at
Ohio university.
(C)(1) All of the following apply with respect to the
selection of physician practices under division (B) of this
section:
(a) The advisory group shall strive to select physician
practices in such a manner that the pilot project includes a
diverse range of primary care specialties, including practices
specializing in pediatrics, geriatrics, general internal medicine,
or family medicine.
(b) When evaluating an application, the advisory group shall
consider the percentage of patients in the physician practice who
are part of a medically underserved population, including medicaid
recipients and individuals without health insurance.
(c) The advisory group shall select not fewer than six
practices that serve rural areas of this state, as those areas are
determined by the advisory group.
(d) A member of the advisory group shall abstain from
participating in any vote taken regarding the selection of a
physician practice if the member would receive any financial
benefit from having the practice included in the pilot project.
(2) All of the following apply with respect to the selection
of advanced practice nurse primary care practices under division
(B) of this section:
(a) When evaluating an application, the advisory group shall
consider the percentage of patients in the advanced practice nurse
primary care practice who are part of a medically underserved
population, including medicaid recipients and individuals without
health insurance.
(b) If the advisory group determines that it has not received
an application from a sufficiently qualified advanced practice
nurse primary care practice affiliated with a particular
institution specified in division (B)(2) of this section, the
advisory group shall make the selections required under that
division in such a manner that the greatest possible number of
those institutions are represented in the pilot project. To be
selected in this manner, a practice remains subject to the
eligibility requirements specified in division (B) of section
185.06 of the Revised Code. As specified in division (B)(2) of
this section, the number of practices selected for inclusion in
the pilot project shall be at least four.
(c) A member of the advisory group shall abstain from
participating in any vote taken regarding the selection of an
advanced practice nurse primary care practice if the member would
receive any financial benefit from having the practice included in
the pilot project.
Sec. 3304.30. Every person in charge of governmental
property to be substantially renovated or who is responsible for
the acquisition, lease, or rental of such property shall consult
with the director of the bureau of services for the visually
impaired prior to such renovation, acquisition, lease, or rental
to determine if sufficient numbers of persons will be using such
property to support a suitable vending facility. If the director
determines that such property would be a satisfactory site for a
suitable vending facility, provision shall be made for electrical
outlets, plumbing fixtures, and other requirements for the
installation and operation of a suitable vending facility. In the
case of a state university, college of medicine medical
university, technical college, state community college, community
college, university branch district, or state-affiliated college
or university, the decision to establish a suitable vending
facility shall be made jointly by the director of services for the
visually impaired and proper administrative authorities of the
state or state-affiliated college or university.
The bureau shall provide each suitable vending facility with
equipment and an adequate initial stock of suitable articles to be
vended. An inventory shall be made of each suitable vending
facility at least once every six months. Each blind licensee may
make his the blind licensee's own inventory on forms prescribed by
the bureau, provided that the bureau shall retain the right to
make its own inventory at any mutually agreeable time. Each blind
licensee may employ and discharge personnel required to operate
his the blind licensee's vending facility, but employment
preference shall be given to blind persons capable of discharging
the required duties, and at all times at least one-half of the
employees shall be blind.
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
northeastern northeast Ohio
universities college of medicine
medical university, 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. 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 northeast Ohio universities
college of medicine medical university, 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 chancellor of 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.
Sec. 3333.11. Each school or college of medicine or medical
university supported in whole or in part by the state shall create
a curriculum for and maintain a department of family practice, the
purpose of which shall be to acquaint undergraduates with and to
train postgraduate physicians for the practice of family medicine.
The minimum requirements for the department shall include courses
of study in family care, including clinical experience, a program
of preceptorships, and a program of family practice residencies in
university or other hospital settings.
Each program of family practice shall:
(A) Be designated to advance the field of family practice;
(B) Educate all medical students in family practice and
encourage students to enter it as a career;
(C) Provide students an opportunity to study family practice
in various situations through preceptorships, seminars, model
family practice units within the medical school, classroom work,
hospital programs, or other means;
(D) Develop residency and other training programs for family
practice in public and private hospitals, including those in
nonmetropolitan areas of the state;
(E) The department shall be a full department co-equal with
all other major clinical departments and headed by a qualified
experienced family practitioner serving as chairperson of the
department of family practice and director of the family practice
residency program.
Funds appropriated by the general assembly in support of
family practice programs shall not be disbursed until the
chancellor of the Ohio board of regents has certified that the
intent and requirements of this section are being met.
Sec. 3333.111. Each school or college of medicine or medical
university supported in whole or in part by the state shall create
an office of geriatric medicine within a department to be
designated by the dean of the school or college of medicine or
medical university, or, in lieu thereof, may establish a separate
department of geriatric medicine. The dean of the school or
college of medicine or medical university shall designate a member
of the medical school or medical, college, or university faculty
to establish the office or department, which shall be responsible
for incorporating subject matter relating to geriatric medicine
into existing courses, arranging courses which relate to geriatric
medicine in sequence, and establishing courses in geriatric
medicine wherever appropriate, subject to approval of the dean of
the school or college of medicine. In addition, the office or
department of geriatric medicine shall provide clinical and
research experience where it is considered to be necessary and
appropriate.
Sec. 3333.611. (A) All of the following individuals shall
jointly develop a proposal for the creation of a primary care
medical student component of the choose Ohio first scholarship
program operated under section 3333.61 of the Revised Code under
which scholarships are annually made available and awarded to
medical students who meet the requirements specified in division
(D) of this section:
(1) The dean of the Ohio state university school of medicine;
(2) The dean of the Case western reserve university school of
medicine;
(3) The dean of the university of Toledo college of medicine;
(4) The president and dean of the northeastern northeast Ohio
universities colleges of medicine and pharmacy medical university;
(5) The dean of the university of Cincinnati college of
medicine;
(6) The dean of the Boonshoft school of medicine at Wright
state university;
(7) The dean of the Ohio university college of osteopathic
medicine.
(B) The individuals specified in division (A) of this section
shall consider including the following provisions in the proposal:
(1) Establishing a scholarship of sufficient size to permit
annually not more than fifty medical students to receive
scholarships;
(2) Specifying that a scholarship, once granted, may be
provided to a medical student for not more than four years.
(C) The individuals specified in division (A) of this section
shall submit the proposal for the component to the chancellor of
the Ohio board of regents not later than six months after the
effective date of this section March 6, 2011. The chancellor shall
review the proposal and determine whether to implement the
component as part of the program.
(D) To be eligible for a scholarship made available under the
component, a medical student shall meet all of the following
requirements:
(1) Participate in identified patient centered medical home
model training opportunities during medical school;
(2) Commit to a post-residency primary care practice in this
state for not less than three years;
(3) Accept medicaid recipients as patients, without
restriction and, as compared to other patients, in a proportion
that is specified in the scholarship.
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.
(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, and the
northeastern northeast Ohio universities college of medicine
medical university.
(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
northeastern northeast Ohio universities college of medicine
medical university, 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 northeast Ohio universities college of
medicine medical university, 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 or assurances, interest, or interest
equivalent and other accreted amounts, and any call premium
required to be paid on obligations or assurances.
(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 or assurances, and
the provisions contained in those obligations or assurances.
(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
or entrepreneurial projects, grants, gifts, donations, and pledges
and receipts therefrom, receipts from fees and charges, and the
proceeds of the sale of obligations or assurances, including
proceeds of obligations or assurances issued to refund obligations
or assurances 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.
(15) "Assurances" means bonds, notes, or other evidence of
indebtedness, including interest coupons pertaining thereto,
authorized to be issued under section 3345.36 of the Revised Code.
(16) "Entrepreneurial project" has the same meaning as in
section 3345.36 of the Revised Code.
(17) "Costs of entrepreneurial projects" means any costs
related to the establishment or development of entrepreneurial
projects pursuant to a resolution adopted under section 3345.36 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 and assurances. Obligations and assurances
may be issued to pay costs of facilities or entrepreneurial
projects even if the institution anticipates the possibility of a
future state appropriation to pay all or a portion of such costs.
(C) Obligations and assurances 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 except as permitted by section 3333.90 of the
Revised Code. 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 or assurances 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 or assurances 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 or assurance 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 or assurances 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 or assurances 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 or assurances 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 or assurances
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
assurances or to particular obligations and assurances, including:
(1) The acquisition, construction, reconstruction, equipment,
furnishing, improvement, operation, alteration, enlargement,
maintenance, insurance, and repair of facilities or
entrepreneurial projects, and the duties of the institution of
higher education with reference thereto;
(2) The terms of the obligations or assurances, 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 or assurances may be applied;
(4) The rates or rentals or other charges for the use of or
right to use the facilities or entrepreneurial projects financed
by the obligations or assurances, or other properties the revenues
or receipts from which are pledged to the obligations or
assurances, and rules for assuring any applicable 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 or
entrepreneurial projects 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 or
assurances;
(7) The terms of any trust agreement or indenture securing
the obligations or assurances 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 or its
entrepreneurial projects, their operation, the available receipts
and funds pledged, and insurance of facilities or entrepreneurial
projects and of the institution, its officers and employees.
(F) Such obligations or assurances 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 or assurances may be
executed by an officer who, on the date of execution, is the
proper officer although on the date of such obligations or
assurances such person was not the proper officer. In case any
officer whose signature or a facsimile of whose signature appears
on any such obligation or assurance 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 or assurances,
such facsimile seal continues to be sufficient as to such
obligations or assurances and obligations or assurances issued in
substitution or exchange therefor.
(G) All such obligations or assurances 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 or assurances may be issued in
coupon or in registered form, or both. Provision may be made for
the registration of any obligations or assurances with coupons
attached thereto as to principal alone or as to both principal and
interest, their exchange for obligations or assurances so
registered, and for the conversion or reconversion into
obligations or assurances with coupons attached thereto of any
obligations or assurances registered as to both principal and
interest, and for reasonable charges for such registration,
exchange, conversion, and reconversion.
(H) Pending preparation of definitive obligations or
assurances, the institution of higher education may issue interim
receipts or certificates which shall be exchanged for such
definitive obligations or assurances.
(I) Such obligations or assurances 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
or assurances, 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 or assurances
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 or assurances 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 or
assurances and of the trustee, and provisions for protecting and
enforcing them, including limitations on rights of individual
holders of obligations or assurances;
(4) The replacement of any obligations or assurances 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 assurances, or lease, or other agreement of
the institution.
(K) The authority to issue obligations or assurances includes
authority to:
(1) Issue obligations or assurances 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 or assurances in this
section apply to such anticipation notes.
(2) Issue obligations or assurances to refund, including
funding and retirement of, obligations or assurances previously
issued to pay costs of facilities or entrepreneurial projects.
Such obligations or assurances may be issued in amounts sufficient
for payment of the principal amount of the obligations or
assurances to be so refunded, any redemption premiums thereon,
principal maturities of any obligations or assurances maturing
prior to the redemption of any other obligations or assurances on
a parity therewith to be so refunded, interest accrued or to
accrue to the maturity date or dates of redemption of such
obligations or assurances, and any expenses incurred or to be
incurred in connection with such refunding or the issuance of the
obligations or assurances.
(L) Obligations and assurances 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 approved by the bureau of
workers' compensation board of directors 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 or entrepreneurial projects purchased,
acquired, constructed, or owned by an institution of higher
education, or financed in whole or in part by obligations or
assurances 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 or assurances, 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,
3345.36, 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 or entrepreneurial
projects 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 or entrepreneurial projects.
(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 or entrepreneurial projects authorized under section 3345.36
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 or, if the proceeds relate to the
sale or lease of entrepreneurial projects, for purposes of section
3345.36 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, 3345.36, 3354.121, 3355.091, 3357.112, or
3358.10 of the Revised Code.
Sec. 3345.121. As used in this section:
(A) "Board of trustees" means the board of trustees of a
state university, university housing commission, state medical
college university, community college district, university branch
district, technical college district, or state community college.
(B) "Political subdivision" means a municipal corporation,
county, or township.
(C) "Institution" means all real property owned or leased by
a board of trustees. If a board owns or leases two or more parcels
of real property that are not contiguous to any other such real
property, institution includes only that group of parcels that
includes the parcel on which the educational facility is or is to
be located.
(D) "Educational facility" means any building, structure,
facility, utility, improvement, site, or other interest in real
estate, together with any appurtenance necessary or convenient to
the uses thereof, to be used for or in connection with the conduct
or operation of an educational institution. Educational facilities
include, but are not limited to, classrooms and other
instructional facilities, laboratories, research facilities,
libraries, study facilities, administrative and office facilities,
museums, gymnasiums, campus walks, drives, and site improvements,
streets, roads, bridges, dormitories and other suitable living
quarters or accommodations, dining halls and other food service
and preparation facilities, student services or activity
facilities, physical education, athletic and recreational
facilities, theatres, auditoriums, assembly and exhibition halls,
greenhouses, agricultural buildings and facilities, parking,
storage, and maintenance facilities, infirmary, hospital, medical,
and health facilities, continuing education facilities,
communications, fire prevention, and fire fighting facilities, and
any one, part of, or combination of the foregoing, whether or not
comprising part of one building, structure, or facility.
(E) "Capital facilities" means buildings, structures, and
other improvements, equipment, real estate, and interests in real
estate within this state, and any one, part of, or combination of
the foregoing, to serve the general purposes for which the
political subdivision is authorized to issue obligations pursuant
to Chapter 133. 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, and site improvements.
(F) "Cost 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 facilities, 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, from whatever source provided, for
the payment of any items of cost of the capital facilities, 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.
(G) "Legislative authority" means, in the case of a municipal
corporation, its legislative authority; in the case of a township,
its board of trustees; and in the case of a county, its board of
commissioners.
Not later than the ninetieth day after the effective date of
an initial appropriation by the general assembly for the
construction or renovation of an educational facility that exceeds
one hundred thousand dollars, the board of trustees of the
institution receiving the appropriation shall, by certified mail,
return receipt requested, submit to the legislative authority of
each political subdivision within which the institution is located
or to which it is contiguous, a written notice of the board's
intention to proceed with such construction or renovation. This
notice shall include a description of the construction or
renovation, the estimated date for opening bids therefor, and the
estimated date of the completion of the construction or
renovation.
Not later than the sixtieth day after it receives the notice,
the legislative authority may, by certified mail, return receipt
requested, forward its comments or objections on the proposed
construction or renovation to the board, which shall include, but
need not be limited to, a description of any capital facilities it
determines the political subdivision will be required to make as a
direct or indirect consequence of the construction or renovation
and the estimated costs of such capital facilities. The board
shall not advertise for bids for the construction or renovation
until it has received comments or objections from the legislative
authority or until sixty days have elapsed since the legislative
authority received the notice, whichever is earlier. The board
shall maintain as part of its permanent records, any comments or
objections received from the legislative authority and any action
taken by the board with respect to such comments or objections.
Sec. 3345.17. All property, personal, real, or mixed of the
boards of trustees and of the housing commissions of the state
universities, the northeastern northeast Ohio universities college
of medicine medical university, 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. 3345.201. The board of trustees of a state college or
university which operates a clinical teaching or research hospital
or ambulatory facility may purchase liability insurance for the
agents, employees, students, nurses, interns, and resident
physicians of such hospital against all liability arising from
their performance of services on behalf of such hospital or
facility.
The boards of trustees of the northeastern northeast Ohio
universities college of medicine medical university, Ohio
university, and the Wright state university if they provide
clinical instruction programs in the facilities of a hospital not
operated by the college or university, may purchase liability
insurance for agents, employees, students, nurses, interns, and
resident physicians performing services in relation to such
hospital against all liability arising from their performance of
services on behalf of such college or university.
Such insurance may be provided by one or more insurance
policies.
Sec. 3345.28. The board of trustees of any state university,
college of medicine medical university, technical college, state
community college, community college, or the board of trustees or
managing authority of any university branch may establish and
administer a faculty improvement program, under which any
full-time faculty member with at least seven academic years of
teaching service at the college, university, or branch may be
granted professional leave for a period not to exceed one academic
year to engage in further education, research, or any other
purpose approved by the board. A board of trustees or managing
authority that establishes such a program shall, by rule, adopt a
definition of "academic years of teaching service" and of
"full-time faculty member."
No such board or authority shall pay any faculty member for
or during a period of professional leave any salary exceeding the
amount that would have been paid to such faculty member for
performing his the faculty member's regular duties during the
period of the leave. No faculty member shall, by virtue of being
on professional leave, suffer a reduction or termination of his
the faculty member's regular employee retirement or insurance
benefits or of any other benefit or privilege he receives being
received as a faculty member at the college, university, or branch
where he the faculty member is employed. Whenever such a benefit
would be reduced because of a reduction in the faculty member's
salary during the period of professional leave, the faculty member
shall be given a chance to have the benefit increased to its
normal level, in accordance with rules adopted by the board of
trustees or the managing authority. A faculty member who has been
granted professional leave shall complete another seven years of
service at the college, university, or branch at which he the
faculty member is employed before he becomes becoming eligible for
another grant of professional leave at that college, university,
or branch. Professional leave taken as part of a faculty
improvement program established under this section shall not be
deemed to be in lieu of released time or assigned duty in
connection with a specific research, scholarly, or creative
program.
Boards of trustees and managing authorities may accept moneys
from any person, political subdivision, or the federal government
to support a faculty improvement program, and may establish such
additional rules as are necessary to establish and administer it.
Each grant of professional leave shall be in accordance with
a professional improvement policy for professional leaves that has
been approved by the board of trustees or the managing authority.
No professional leave shall be granted that requires a
compensating addition to the permanent faculty or staff of the
college, university, or branch. No professional leave shall be
approved unless a specific plan for the professional improvement
of the faculty member while on leave has been submitted to and
accepted by the president of the university, college, or branch.
At the completion of the leave, the faculty member shall submit to
the president a report detailing the attainments of the faculty
member under this professional improvement plan.
Not later than the thirtieth day of June of each year, the
chancellor of the board of regents shall report to the chairmen
chairpersons of the education committees of the house of
representatives and the senate on the status of implementation of
faculty improvement programs. The report shall include, but need
not be limited to, the following: the number of professional leave
grants made by each institution; the purpose of each professional
leave; and a statement of the cost to the institution of each
professional leave, to the extent that such cost exceeds the
salary of the faculty member on professional leave.
Sec. 3345.281. As used in this section, "teaching assistant"
means a student enrolled full-time or part-time in a graduate
degree program at an educational institution for which the student
has received an appointment to provide classroom-related services.
The board of trustees of each state university, college of
medicine medical university, technical college, state community
college, community college, and the board of trustees or managing
authority of each university branch shall establish a program to
assess the oral English language proficiency of all teaching
assistants providing classroom instruction to students and shall
ensure that teaching assistants who are not orally proficient in
the English language attain such proficiency prior to providing
classroom instruction to students.
Sec. 3345.31. The boards of trustees of a state university,
the board of trustees of the northeastern northeast Ohio
universities college of medicine medical university, 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 northeast Ohio universities college of medicine
medical university.
(2) "Resident" has the meaning specified by rule of the
chancellor 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 chancellor shall, by rule, specify the form of
statements of selective service status to be filed in compliance
with divisions (C) to (F)(E) 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 chancellor may require that such statements be
accompanied by documentation specified by rule of the chancellor.
(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 granted under section 3315.33,
3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.391, 5910.03,
5910.032, or 5919.34 of the Revised Code, financed by an award
under the choose Ohio first scholarship program established under
section 3333.61 of the Revised Code, or financed by an award under
the Ohio co-op/internship program established under section
3333.72 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. 3345.34. (A) No student trustee of a state university
or the northeastern northeast Ohio universities college of
medicine medical university shall use the trusteeship to influence
any grade or other evaluation of the student trustee's performance
made by a member of the faculty or other employee of the state
university or the college.
(B) No member of the faculty or other employee of a state
university or the northeastern northeast Ohio universities college
of medicine medical university shall confer any favor, advantage,
preference, or other benefit on a student trustee because of the
student's trusteeship.
Sec. 3345.50. Notwithstanding anything to the contrary in
sections 123.01 and 123.15 of the Revised Code, a state
university, a state community college, or the
northeastern
northeast Ohio universities college of medicine medical university
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 chancellor of 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 chancellor 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
chancellor, 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 chancellor 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
northeastern northeast Ohio universities college
of medicine medical university, 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 chancellor of the Ohio board of regents
in writing of its request to administer the capital facilities
project and the board of regents chancellor 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 chancellor 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 chancellor, 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
chancellor 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 chancellor, in consultation with higher education
representatives selected by the board chancellor, 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 chancellor, in consultation with
higher education representatives selected by the board chancellor,
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 chancellor
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 chancellor 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
chancellor also may require an institution, for which the board
chancellor 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
northeast Ohio universities college of medicine medical
university, 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.
Sec. 3350.10. (A) There is hereby created the northeastern
northeast Ohio universities college of medicine medical
university. The principal goal of the college medical university
shall be to collaborate with the university of Akron, Cleveland
state university, Kent state university, and Youngstown state
university to graduate physicians oriented to the practice of
medicine at the community level, especially family physicians. To
accomplish this goal, the college medical university may
incorporate in the clinical experience provided its students the
several community hospitals in the cities and areas served by the
college medical university; utilize practicing physicians as
teachers; and to the fullest extent possible utilize the basic
science capabilities of the university of Akron, Cleveland state
university, Kent state university, and Youngstown state
university.
(1) Until the ninetieth day after the effective date of this
amendment December 22, 2008, the government of the college
northeast Ohio medical university is vested in a nine-member board
of trustees consisting of the presidents of the university of
Akron, Kent state university, and Youngstown state university; one
member each of the boards of trustees of the university of Akron,
Kent state university, and Youngstown state university, to be
appointed by their respective boards of trustees for a term of six
years ending on the first day of May or until the trustee's term
on the respective university board of trustees expires, whichever
occurs first; and one person each to be appointed by the boards of
trustees of the university of Akron, Kent state university, and
Youngstown state university, for a term of nine years ending on
the first day of May; except that the term of those first
appointed by the several boards of trustees shall expire on the
first day of May next following their appointment. Vacancies shall
be filled for the unexpired term in the manner provided for
original appointment. 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.
(2) Beginning ninety days after the effective date of this
amendment December 22, 2008, the government of the college
northeast Ohio medical university is vested in a board of eleven
trustees, who shall be appointed by the governor, with the advice
and consent of the senate. Two of the trustees shall be current
students of the college medical university, and their selection
and terms shall be in accordance with division (B) of this
section. Except as provided in division (A)(3) of this section and
except for the student members, terms of office shall be for nine
years. 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. No person who has served a full nine-year term or more than
six years of such a term shall be eligible for reappointment until
a period of four years has elapsed since the last day of the term
for which the person previously served. 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.
(3) Not later than ninety days after the effective date of
this amendment December 22, 2008, the governor, with the advice
and consent of the senate, shall appoint the two student trustees
and successors for the trustees serving under division (A)(1) of
this section. Except for the student trustees, who shall serve
terms pursuant to division (B) of this section, the initial terms
of office for trustees appointed under division (A)(2) of this
section shall be as follows: one term ending one year after the
effective date of this amendment September 23, 2009; one term
ending two years after the effective date of this amendment
September 23, 2010; one term ending three years after the
effective date of this amendment September 23, 2011; one term
ending four years after the effective date of this amendment
September 23, 2012; one term ending five years after the effective
date of this amendment September 23, 2013; one term ending six
years after the effective date of this amendment
September 23,
2014; one term ending seven years after the effective date of this
amendment September 23, 2015; one term ending eight years after
the effective date of this amendment
September 23, 2016; one term
ending nine years after the effective date of this amendment
September 23, 2017. Thereafter, terms of office shall be for nine
years, as provided in division (A)(2) of this section.
(B) The student members of the board of trustees of the
northeastern northeast Ohio universities college of medicine
medical university 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. The student
members of the board shall be appointed by the governor, with the
advice and consent of the senate, from a group of five candidates
selected pursuant to a procedure adopted by the college's
university's student governments and approved by the
college's
university's board of trustees. The initial term of office of one
of the student members shall commence ninety days after the
effective date of this amendment
December 22, 2008, and shall
expire on June 30, 2009, and the initial term of office of the
other student member shall commence
ninety days after the
effective date of this amendment December 22, 2008, and shall
expire on June 30, 2010. Thereafter, 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.
Sec. 3350.11. The board of trustees of the
northeastern
northeast Ohio universities college of medicine
medical
university shall annually elect from their its members a
chairman
chairperson and a
vice-chairman; they vice-chairperson. The board
may also appoint a secretary of the board, a treasurer, and such
other officers of the college university as the interest of the
college university requires, who may be members of the board, and
they. The board may also appoint boards or commissions to assist
the officers of the college university with its operation. The
treasurer, before entering upon the discharge of
his the official
duties of treasurer, shall give bond to the state for the faithful
performance of his the official duties of treasurer and the proper
accounting for all moneys coming into his
the treasurer's care.
The amount of the bonds shall be determined by the board, but
shall not be for a sum less than the estimated amount which may
come into his the treasurer's control at any time. The bonds shall
be approved by the attorney general.
Sec. 3350.12. The board of trustees of the northeastern
northeast Ohio universities college of medicine medical university
shall employ, fix the compensation of, and remove, the president,
who shall be called the provost, and such number of professors,
teachers, officers, and other employees as are considered
necessary. The board shall do all things necessary for the
creation, proper maintenance, and successful and continuous
operation of the college 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 college university.
The board may accept donations of lands and moneys for the
purposes of the college university.
Sec. 3350.13. The board of trustees of the northeastern
northeast Ohio universities college of medicine medical university
may receive and hold in trust, for the use and benefit of the
college 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 college university, unless
otherwise directed in the donation or bequest. The board may make
and enter into all contracts and agreements necessary or
incidental to the operation of the college university.
Sec. 3350.14. The general assembly shall support the
northeastern northeast Ohio
universities college of medicine
medical university by such sums and in such manner as it may
provide, but support may come from other sources. No state funds
shall be provided under this section unless such college the
university meets the requirements of section 3333.11 of the
Revised Code.
Section 2. That existing sections 145.01, 145.011, 151.04,
154.01, 185.03, 185.05, 3304.30, 3305.01, 3333.045, 3333.11,
3333.111, 3333.611, 3334.01, 3345.04, 3345.12, 3345.121, 3345.17,
3345.201, 3345.28, 3345.281, 3345.31, 3345.32, 3345.34, 3345.50,
3345.51, 3345.71, 3350.10, 3350.11, 3350.12, 3350.13, and 3350.14
of the Revised Code are hereby repealed.
Section 3. That Sections 371.10, 371.20.80, and 371.40.90 of
Am. Sub. H.B. 1 of the 128th General Assembly be amended to read
as follows:
Sec. 371.10. BOR BOARD OF REGENTS
GRF |
235321 |
|
Operating Expenses |
|
$ |
2,366,640 |
|
$ |
2,366,640 |
GRF |
235401 |
|
Lease Rental Payments |
|
$ |
124,461,100 |
|
$ |
107,897,100 |
GRF |
235402 |
|
Sea Grants |
|
$ |
300,000 |
|
$ |
300,000 |
GRF |
235406 |
|
Articulation and Transfer |
|
$ |
2,531,700 |
|
$ |
2,531,700 |
GRF |
235408 |
|
Midwest Higher Education Compact |
|
$ |
95,000 |
|
$ |
95,000 |
GRF |
235409 |
|
Information System |
|
$ |
937,800 |
|
$ |
937,800 |
GRF |
235414 |
|
State Grants and Scholarship Administration |
|
$ |
1,414,366 |
|
$ |
1,414,366 |
GRF |
235417 |
|
Ohio Learning Network |
|
$ |
2,723,320 |
|
$ |
2,723,320 |
GRF |
235428 |
|
Appalachian New Economy Partnership |
|
$ |
819,295 |
|
$ |
819,295 |
GRF |
235433 |
|
Economic Growth Challenge |
|
$ |
511,715 |
|
$ |
511,715 |
GRF |
235438 |
|
Choose Ohio First Scholarship |
|
$ |
12,927,304 |
|
$ |
15,845,591 |
GRF |
235442 |
|
Teacher Fellowship |
|
$ |
0 |
|
$ |
2,500,000 |
GRF |
235443 |
|
Adult Basic and Literacy Education - State |
|
$ |
7,302,416 |
|
$ |
7,302,416 |
GRF |
235444 |
|
Post-Secondary Adult Career-Technical Education |
|
$ |
15,317,549 |
|
$ |
15,317,547 |
GRF |
235474 |
|
Area Health Education Centers Program Support |
|
$ |
1,059,078 |
|
$ |
1,059,078 |
GRF |
235501 |
|
State Share of Instruction |
|
$ |
1,677,708,351 |
|
$ |
1,689,554,971 |
GRF |
235502 |
|
Student Support Services |
|
$ |
692,974 |
|
$ |
692,974 |
GRF |
235504 |
|
War Orphans Scholarships |
|
$ |
4,331,089 |
|
$ |
4,331,089 |
GRF |
235507 |
|
OhioLINK |
|
$ |
6,433,313 |
|
$ |
6,433,313 |
GRF |
235508 |
|
Air Force Institute of Technology |
|
$ |
1,785,439 |
|
$ |
1,785,439 |
GRF |
235510 |
|
Ohio Supercomputer Center |
|
$ |
3,719,354 |
|
$ |
3,719,354 |
GRF |
235511 |
|
Cooperative Extension Service |
|
$ |
23,518,608 |
|
$ |
22,467,678 |
GRF |
235513 |
|
Ohio University Voinovich School |
|
$ |
326,000 |
|
$ |
326,000 |
GRF |
235514 |
|
Central State Supplement |
|
$ |
12,109,106 |
|
$ |
12,109,106 |
GRF |
235515 |
|
Case Western Reserve University School of Medicine |
|
$ |
2,525,003 |
|
$ |
2,525,003 |
GRF |
235519 |
|
Family Practice |
|
$ |
3,724,923 |
|
$ |
3,724,923 |
GRF |
235520 |
|
Shawnee State Supplement |
|
$ |
2,577,393 |
|
$ |
2,577,393 |
GRF |
235521 |
|
The Ohio State University John Glenn School of Public Affairs |
|
$ |
277,500 |
|
$ |
277,500 |
GRF |
235524 |
|
Police and Fire Protection |
|
$ |
119,793 |
|
$ |
119,793 |
GRF |
235525 |
|
Geriatric Medicine |
|
$ |
614,295 |
|
$ |
614,295 |
GRF |
235526 |
|
Primary Care Residencies |
|
$ |
1,839,083 |
|
$ |
1,839,083 |
GRF |
235535 |
|
Ohio Agricultural Research and Development Center |
|
$ |
34,000,000 |
|
$ |
34,000,000 |
GRF |
235536 |
|
The Ohio State University Clinical Teaching |
|
$ |
11,375,225 |
|
$ |
11,375,225 |
GRF |
235537 |
|
University of Cincinnati Clinical Teaching |
|
$ |
9,355,968 |
|
$ |
9,355,968 |
GRF |
235538 |
|
University of Toledo Clinical Teaching |
|
$ |
7,292,471 |
|
$ |
7,292,471 |
GRF |
235539 |
|
Wright State University Clinical Teaching |
|
$ |
3,542,823 |
|
$ |
3,542,823 |
GRF |
235540 |
|
Ohio University Clinical Teaching |
|
$ |
3,424,956 |
|
$ |
3,424,956 |
GRF |
235541 |
|
Northeastern Northeast Ohio Universities College of Medicine Medical University Clinical Teaching |
|
$ |
3,522,563 |
|
$ |
3,522,563 |
GRF |
235552 |
|
Capital Component |
|
$ |
20,382,568 |
|
$ |
20,382,568 |
GRF |
235555 |
|
Library Depositories |
|
$ |
1,477,274 |
|
$ |
1,477,274 |
GRF |
235556 |
|
Ohio Academic Resources Network |
|
$ |
3,253,866 |
|
$ |
3,253,866 |
GRF |
235558 |
|
Long-term Care Research |
|
$ |
217,000 |
|
$ |
217,000 |
GRF |
235563 |
|
Ohio College Opportunity Grant |
|
$ |
95,000,000 |
|
$ |
76,000,000 |
GRF |
235567 |
|
Central State University Speed to Scale |
|
$ |
1,775,254 |
|
$ |
0 |
GRF |
235572 |
|
The Ohio State University Clinic Support |
|
$ |
901,703 |
|
$ |
901,703 |
GRF |
235579 |
|
Bliss Institute |
|
$ |
257,474 |
|
$ |
257,474 |
GRF |
235596 |
|
Hazardous Materials Program |
|
$ |
373,858 |
|
$ |
373,858 |
GRF |
235599 |
|
National Guard Scholarship Program |
|
$ |
14,912,271 |
|
$ |
14,912,271 |
GRF |
235644 |
|
State Share of Instruction - Federal Stimulus - Education |
|
$ |
309,874,026 |
|
$ |
308,802,662 |
GRF |
235909 |
|
Higher Education General Obligation Debt Service |
|
$ |
105,392,500 |
|
$ |
86,937,900 |
TOTAL GRF General Revenue Fund |
|
$ |
2,541,401,307 |
|
$ |
2,500,750,064 |
General Services Fund Group
2200 |
235614 |
|
Program Approval and Reauthorization |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
4560 |
235603 |
|
Sales and Services |
|
$ |
200,000 |
|
$ |
200,000 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
1,200,000 |
|
$ |
1,200,000 |
Federal Special Revenue Fund Group
3120 |
235609 |
|
Tech Prep |
|
$ |
183,849 |
|
$ |
183,849 |
3120 |
235611 |
|
Gear-up Grant |
|
$ |
3,900,000 |
|
$ |
3,900,000 |
3120 |
235612 |
|
Carl D. Perkins Grant/Plan Administration |
|
$ |
912,961 |
|
$ |
912,961 |
3120 |
235617 |
|
Improving Teacher Quality Grant |
|
$ |
3,200,000 |
|
$ |
3,200,000 |
3120 |
235641 |
|
Adult Basic Literacy Education - Federal |
|
$ |
17,869,546 |
|
$ |
17,869,546 |
3BE0 |
235636 |
|
Adult Education and Family Literacy Act Incentive Grant |
|
$ |
1,783,583 |
|
$ |
1,783,583 |
3BG0 |
235626 |
|
Star Schools |
|
$ |
250,000 |
|
$ |
0 |
3H20 |
235608 |
|
Human Services Project |
|
$ |
3,500,000 |
|
$ |
3,500,000 |
3N60 |
235605 |
|
State Student Incentive Grants |
|
$ |
2,533,339 |
|
$ |
2,533,339 |
3N60 |
235638 |
|
College Access Challenge Grant |
|
$ |
2,268,044 |
|
$ |
2,268,044 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
36,401,322 |
|
$ |
36,151,322 |
State Special Revenue Fund Group
4E80 |
235602 |
|
Higher Educational Facility Commission Administration |
|
$ |
30,000 |
|
$ |
30,000 |
6490 |
235607 |
|
The Ohio State University Highway/Transportation Research |
|
$ |
500,000 |
|
$ |
500,000 |
6820 |
235606 |
|
Nursing Loan Program |
|
$ |
893,000 |
|
$ |
893,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
1,423,000 |
|
$ |
1,423,000 |
Third Frontier Research & Development Fund Group
7011 |
235634 |
|
Research Incentive Third Frontier Fund |
|
$ |
8,000,000 |
|
$ |
8,000,000 |
TOTAL 011 Third Frontier Research & Development Fund Group |
|
$ |
8,000,000 |
|
$ |
8,000,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,588,425,629 |
|
$ |
2,547,524,386 |
Sec. 371.20.80. STATE SHARE OF INSTRUCTION FORMULAS
The Chancellor of the Board of Regents shall establish
procedures to allocate the foregoing appropriation items 235501,
State Share of Instruction, and 235644, State Share of Instruction
- Federal Stimulus - Education, based on the formulas, enrollment,
course completion, degree attainment, and student access factors
in the instructional models set out in this section.
The foregoing appropriation items 235501, State Share of
Instruction, and 235644, State Share of Instruction – Federal
Stimulus
– Education, shall be combined for the purposes of
allocating the state share of instruction subsidy.
(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COMPLETIONS
(1) As soon as possible during each fiscal year of the
biennium ending June 30, 2011, in accordance with instructions of
the Board of Regents, each state-assisted institution of higher
education shall report its actual enrollment, consistent with the
definitions in the Higher Education Information (HEI) system's
enrollment files, to the Chancellor of the Board of Regents.
(2) In defining the number of full-time equivalent students
for state subsidy purposes, the Chancellor of 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.
(3) In calculating the core subsidy entitlements for
university branch and main campuses, the Chancellor of the Board
of Regents shall use the following count of FTE students:
(a) The subsidy eligible enrollments by model shall equal
only those FTE students who successfully complete the course as
defined and reported through the Higher Education Information
(HEI) system course enrollment file;
(b) For those FTE students with successful course
completions, identified in division (3)(a) of this section,
completions that were achieved by a student that was eligible to
receive Ohio need-based financial aid shall have their enrollments
weighted by the following:
(i) Campus-specific course completion rates by discipline
area and level; and
(ii) A statewide average OIG/OCOG course completion weight
determined for each discipline area and level. The statewide
average OIG/OCOG course completion weight shall be determined by
calculating the difference between the percentage of traditional
students who complete a course and the percentage of Ohio
Instructional Grant and Ohio College Opportunity Grant recipients
who complete the same course.
(4) In calculating the core subsidy entitlements for Medical
II models only, the Board of Regents shall use the following count
of FTE students:
(a) 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 |
|
University of Toledo |
|
650 |
|
Wright State University |
|
433 |
|
Ohio University |
|
433 |
|
Northeastern Northeast Ohio Universities College of Medicine Medical University |
|
433 |
(b) 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.
(c) Students repeating terms may be no more than five per
cent of current year enrollment.
(5) The state share of instruction to state-supported
universities for students enrolled in law schools in fiscal year
2010 and fiscal year 2011 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.
(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT
For purposes of calculating state share of instruction
allocations, the total instructional costs per full-time
equivalent student shall be:
Model |
Fiscal Year 2010 |
Fiscal Year 2011 |
ARTS AND HUMANITIES 1 |
$7,658 |
$7,891 |
ARTS AND HUMANITIES 2 |
$10,117 |
$10,425 |
ARTS AND HUMANITIES 3 |
$13,067 |
$13,464 |
ARTS AND HUMANITIES 4 |
$19,194 |
$19,778 |
ARTS AND HUMANITIES 5 |
$29,994 |
$30,906 |
ARTS AND HUMANITIES 6 |
$35,991 |
$37,085 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 1 |
$6,732 |
$6,937 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 2 |
$7,803 |
$8,041 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 3 |
$9,619 |
$9,911 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 4 |
$11,607 |
$11,959 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 5 |
$18,044 |
$18,592 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 6 |
$22,615 |
$23,303 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 7 |
$27,528 |
$28,365 |
MEDICAL 1 |
$47,494 |
$48,938 |
MEDICAL 2 |
$45,420 |
$46,801 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 |
$6,943 |
$7,154 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 |
$9,792 |
$10,090 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 |
$11,963 |
$12,327 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 |
$15,282 |
$15,747 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 |
$19,471 |
$20,063 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 |
$21,771 |
$22,433 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 |
$27,906 |
$28,755 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 |
$36,547 |
$37,658 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 |
$51,283 |
$52,842 |
Doctoral I and Doctoral II models shall be allocated in
accordance with division (D)(2) of this section.
(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,
AND GRADUATE WEIGHTS
For the purpose of implementing the recommendations of the
State Share of Instruction Consultation and the Higher Education
Funding Study Council that priority be given to maintaining state
support for science, technology, engineering, mathematics,
medicine, and graduate programs, the costs in division (B) of this
section shall be weighted by the amounts provided below:
Model |
Fiscal Year 2010 |
Fiscal Year 2011 |
ARTS AND HUMANITIES 1 |
1.0000 |
1.0000 |
ARTS AND HUMANITIES 2 |
1.0000 |
1.0000 |
ARTS AND HUMANITIES 3 |
1.0000 |
1.0000 |
ARTS AND HUMANITIES 4 |
1.0000 |
1.0000 |
ARTS AND HUMANITIES 5 |
1.0425 |
1.0425 |
ARTS AND HUMANITIES 6 |
1.0425 |
1.0425 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 1 |
1.0000 |
1.0000 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 2 |
1.0000 |
1.0000 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 3 |
1.0000 |
1.0000 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 4 |
1.0000 |
1.0000 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 5 |
1.0425 |
1.0425 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 6 |
1.0425 |
1.0425 |
BUSINESS, EDUCATION & SOCIAL SCIENCES 7 |
1.0425 |
1.0425 |
MEDICAL 1 |
1.6456 |
1.6456 |
MEDICAL 2 |
1.7462 |
1.7462 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 |
1.0000 |
1.0000 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 |
1.0017 |
1.0017 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 |
1.6150 |
1.6150 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 |
1.6920 |
1.6920 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 |
1.4222 |
1.4222 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 |
1.8798 |
1.8798 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 |
1.4380 |
1.4380 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 |
1.5675 |
1.5675 |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 |
1.1361 |
1.1361 |
(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA
ENTITLEMENTS AND ADJUSTMENTS
(1) Of the foregoing appropriation items 235501, State Share
of Instruction, and 235644, State Share of Instruction - Federal
Stimulus - Education, 5 per cent of the appropriation for
state-supported community colleges, state community colleges, and
technical colleges in fiscal year 2011 shall be allocated to
colleges in proportion to their share of college student success
factors. In fiscal year 2011, student success factors shall
include all measureable student outcomes that contribute to
student achievement as determined by the Chancellor of the Board
of Regents based on the recommendation of the consultation created
in the Section of this act sections of Am. Sub. H.B. 1 of the
128th General Assembly entitled "Studies to Determine Weights for
Fiscal Year 2011 State Share of Instruction Formula."
(2) Of the foregoing appropriation items 235501, State Share
of Instruction, and 235644, State Share of Instruction - Federal
Stimulus - Education, up to 12.89 per cent of the appropriation
for university main campuses in each fiscal year shall be reserved
for support of doctoral programs to implement the funding
recommendations made by representatives of the universities. The
amount so reserved shall be referred to as the doctoral set-aside.
The doctoral set-aside shall be allocated to universities as
follows:
(a) 90 per cent of the doctoral set-aside in fiscal year 2010
and 80 per cent of the doctoral set-aside in fiscal year 2011
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.
(b) 5 per cent of the doctoral set-aside in fiscal year 2010
and 10 per cent of the doctoral set-aside in fiscal year 2011
shall be allocated to universities in proportion to each campus's
share of the total statewide doctoral degrees, weighted by the
cost of the doctoral discipline. In calculating each campus's
doctoral degrees the Chancellor of the Board of Regents shall use
the three-year average doctoral degrees awarded for the three-year
period ending in the prior year.
(c) 2.5 per cent of the doctoral set-aside in fiscal year
2010 and 5 per cent of the doctoral set-aside in fiscal year 2011
shall be allocated to universities in proportion to their share of
research grant activity, using data collected and published by the
National Science Foundation. Grant awards from the National Health
Institute shall be weighted at 50 per cent.
(d) 2.5 per cent of the doctoral set-aside in fiscal year
2010 and 5 per cent of the doctoral set-aside in fiscal year 2011
shall be allocated to universities based on other quality measures
that contribute to the advancement of the Chancellor's strategic
plan. These other quality measures shall be identified by the
Chancellor in consultation with universities. If for any reason
metrics for distributing the quality component of the doctoral
set-aside are not identified prior to the fiscal year allocation
process, this portion of the doctoral set-aside funds shall be
allocated to universities based on division (D)(2)(a) of this
section.
(3) Of the foregoing appropriation items 235501, State Share
of Instruction, and 235644, State Share of Instruction - Federal
Stimulus - Education, 6.96 per cent of the appropriation for
university main campuses in each fiscal year shall be reserved for
support of Medical II FTEs. The amount so reserved shall be
referred to as the medical II set-aside.
The medical II set-aside shall be allocated to universities
in proportion to their share of the total number of Medical II
FTEs as calculated in division (A) of this section, weighted by
model cost.
(4) Of the foregoing appropriation items 235501, State Share
of Instruction, and 235644, State Share of Instruction - Federal
Stimulus - Education, 1.61 per cent of the appropriation for
university main campuses in each fiscal year shall be reserved for
support of Medical I FTEs. The amount so reserved shall be
referred to as the medical I set-aside.
The medical I set-aside shall be allocated to universities in
proportion to their share of the total number of Medical I FTEs as
calculated in division (A) of this section.
(5) Of the foregoing appropriation items 235501, State Share
of Instruction, and 235644, State Share of Instruction - Federal
Stimulus - Education, 5 per cent of the fiscal year 2010
appropriation for university main campuses and 10 per cent of the
fiscal year 2011 appropriation for university main campuses shall
be reserved for support of associate, baccalaureate, master's, and
professional level degree attainment.
The degree attainment funding shall be allocated to
universities in proportion to each campus's share of the total
statewide degrees granted, weighted by the cost of the degree
programs.
In calculating the subsidy entitlements for degree attainment
at university main campuses, the Chancellor of the Board of
Regents shall use the following count of degrees and degree costs:
(a) For those associate degrees awarded by a state-supported
university, the subsidy eligible degrees granted are defined as
only those earned by students attending a university that received
funding under GRF appropriation item 235418, Access Challenge, in
fiscal year 2009.
(b) In calculating each campus's count of degrees, the
Chancellor of the Board of Regents shall use the three-year
average associate, baccalaureate, master's, and professional
degrees awarded for the three-year period ending in the prior
year.
Eligible associate degrees defined in division (D)(5)(a) of
this section and all bachelor's degrees earned by a student that
was eligible to receive Ohio need-based financial aid shall have
their associates degree cost weighted by a statewide OIG/OCOG
degree completion weight.
The statewide average OIG/OCOG degree completion weight shall
be determined by calculating the difference between the percentage
of traditional students who earned a degree and the percentage of
Ohio Instructional Grant and Ohio College Opportunity Grant
recipients who earned a degree during the same time period.
(6) Each campus's state share of instruction base formula
earnings shall be determined as follows:
(a) For each campus in each fiscal year, the instructional
costs shall be determined by multiplying the amounts listed above
in divisions (B) and (C) of this section 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) The Chancellor of the Board of Regents shall compute the
two calculations listed in division (D)(6)(a) of this section and
use the greater amount as each campus's instructional costs.
(c) The Chancellor of the Board of Regents shall compute a
uniform state share of instructional costs for each sector.
(i) For the state supported community colleges, state
community colleges, and technical colleges, the Chancellor of the
Board of Regents shall compute the uniform state share of
institutional costs by dividing the earmark in division (C)(1) of
Section 371.20.90 of this act Am. Sub. H.B. 1 of the 128th General
Assembly, less the student college success allocation as described
in division (D)(1) of this section, by the sum of all eligible
campuses' instructional costs as calculated in division (D)(6)(b)
of this section.
(ii) For the state supported university branch campuses, the
Chancellor of the Board of Regents shall compute the uniform state
share of institutional costs by dividing the earmark in division
(C)(2) of Section 371.20.90 of this act Am. Sub. H.B. 1 of the
128th General Assembly by the sum of all campuses' instructional
costs as calculated in division (D)(6)(b) of this section.
(iii) For the state supported university main campuses, the
Chancellor of the Board of Regents shall compute the uniform state
share of institutional costs by dividing the earmark in division
(C)(3) of Section 371.20.90 of this act Am. Sub. H.B. 1 of the
128th General Assembly, less the doctoral set-aside, less the
medical I set-aside, less the medical II set-aside, and less the
degree attainment funding as calculated in divisions (D)(2) to (5)
of this section, by the sum of all campuses' instructional costs
as calculated in division (D)(6)(b) of this section.
(d) The formula entitlement for each sector's campuses shall
be determined by multiplying the uniform state share of costs
calculated in division (D)(6)(c) of this section by the campus's
instructional cost determined in division (D)(6)(b) of this
section.
(7) In addition to the student success allocation, doctoral
set-aside, medical I set-aside, medical II set-aside, and the
degree attainment allocation determined in division divisions
(D)(1) to (D)(5) of this section and the formula entitlement
determined in division (D)(6) of this section, an allocation based
on facility-based plant operations and maintenance (POM) subsidy
shall be made. For each eligible campus, the amount of the POM
allocation in each fiscal year shall be distributed based on what
each campus received in the fiscal year 2009 POM allocation.
Any POM allocations required by this division shall be funded
by proportionately reducing formula entitlement earnings,
including the POM allocations, for all campuses in that sector.
(8) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING
In addition to and after the adjustments noted above, in
fiscal year 2010, no campus shall receive a state share of
instruction allocation that is less than 99 per cent of the prior
year's combined state share of instruction, access challenge, and
success challenge amounts. Funds shall be made available to
support this allocation by proportionately reducing formula
entitlement earnings from those campuses, within each sector, that
are not receiving stability funding.
In fiscal year 2011, in addition to and after the adjustments
noted above, no campus shall receive a state share of instruction
allocation that is less than 98 per cent of the prior year's
combined state share of instruction, access challenge, and success
challenge amounts. Funds shall be made available to support this
allocation by proportionately reducing formula entitlement
earnings from those campuses, within each sector, that do not
receive stability funding.
(9) 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. 748 of
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th
General Assembly, and Am. Sub. H.B. 699 of the 126th General
Assembly, Am. Sub. H.B. 496 of the 127th General Assembly, and Am.
Sub. H.B. 562 of the 127th General Assembly for that campus
exceeds that campus's capital component earnings. The sum of the
amounts deducted shall be transferred to appropriation item
235552, Capital Component, in each fiscal year.
(E) EXCEPTIONAL CIRCUMSTANCES
Adjustments may be made to the state share of instruction
payments and other subsidies distributed by the Chancellor of 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.
(F) 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 items
235501, State Share of Instruction, and 235644, State Share of
Instruction - Federal Stimulus - Education, 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 items 235501, State
Share of Instruction, and 235644, State Share of Instruction -
Federal Stimulus - Education, 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.
(G) 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
the Chancellor of the 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.
Sec. 371.40.90. STATE UNIVERSITY CLINICAL TEACHING
The foregoing appropriation items 235536, The Ohio State
University Clinical Teaching; 235537, University of Cincinnati
Clinical Teaching; 235538, University of Toledo Clinical Teaching;
235539, Wright State University Clinical Teaching; 235540, Ohio
University Clinical Teaching; and 235541,
Northeastern Northeast
Ohio Universities College of Medicine Medical University Clinical
Teaching, shall be distributed through the Chancellor of the Board
of Regents.
Section 4. That existing Sections 371.10, 371.20.80, and
371.40.90 of Am. Sub. H.B. 1 of the 128th General Assembly are
hereby repealed.
Section 5. That Section 105.45.20 of Sub. H.B. 462 of the
128th General Assembly be amended to read as follows:
Sec. 105.45.20. NEM NORTHEASTERN NORTHEAST OHIO UNIVERSITIES
COLLEGE OF MEDICINE MEDICAL UNIVERSITY
C30500 |
|
Basic Renovations |
|
$ |
338,129 |
C30501 |
|
Cooperating Regional Library Depository - Northeastern |
|
$ |
582,218 |
C30505 |
|
Campus Network Expansion |
|
$ |
8,676 |
C30515 |
|
Building Envelope Restoration |
|
$ |
2,068 |
C30519 |
|
Steam to Hot Water Heating Conversion |
|
$ |
1,488,560 |
Total Northeastern Northeast Ohio Universities College of Medicine Medical University |
|
$ |
2,419,651 |
Section 6. That existing Section 105.45.20 of Sub. H.B. 462
of the 128th General Assembly is hereby repealed.
|
|