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To amend sections 145.01, 145.011, 151.04, 154.01, | 1 |
185.03, 185.05, 3304.30, 3305.01, 3333.045, | 2 |
3333.11, 3333.111, 3333.611, 3334.01, 3345.04, | 3 |
3345.12, 3345.121, 3345.17, 3345.201, 3345.28, | 4 |
3345.281, 3345.31, 3345.32, 3345.34, 3345.50, | 5 |
3345.51, 3345.71, 3350.10, 3350.11, 3350.12, | 6 |
3350.13, and 3350.14 of the Revised Code and | 7 |
Sections 371.10, 371.20.80, and 371.40.90 of Am. | 8 |
Sub. H.B. 1 of the 128th General Assembly and | 9 |
Section 105.45.20 of Sub. H.B. 462 of the 128th | 10 |
General Assembly to rename the Northeastern Ohio | 11 |
Universities Colleges of Medicine and Pharmacy as | 12 |
the Northeast Ohio Medical University. | 13 |
Section 1. That sections 145.01, 145.011, 151.04, 154.01, | 14 |
185.03, 185.05, 3304.30, 3305.01, 3333.045, 3333.11, 3333.111, | 15 |
3333.611, 3334.01, 3345.04, 3345.12, 3345.121, 3345.17, 3345.201, | 16 |
3345.28, 3345.281, 3345.31, 3345.32, 3345.34, 3345.50, 3345.51, | 17 |
3345.71, 3350.10, 3350.11, 3350.12, 3350.13, and 3350.14 of the | 18 |
Revised Code be amended to read as follows: | 19 |
Sec. 145.01. As used in this chapter: | 20 |
(A) "Public employee" means: | 21 |
(1) Any person holding an office, not elective, under the | 22 |
state or any county, township, municipal corporation, park | 23 |
district, conservancy district, sanitary district, health | 24 |
district, metropolitan housing authority, state retirement board, | 25 |
Ohio historical society, public library, county law library, union | 26 |
cemetery, joint hospital, institutional commissary, state | 27 |
university, or board, bureau, commission, council, committee, | 28 |
authority, or administrative body as the same are, or have been, | 29 |
created by action of the general assembly or by the legislative | 30 |
authority of any of the units of local government named in | 31 |
division (A)(1) of this section, or employed and paid in whole or | 32 |
in part by the state or any of the authorities named in division | 33 |
(A)(1) of this section in any capacity not covered by section | 34 |
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code. | 35 |
(2) A person who is a member of the public employees | 36 |
retirement system and who continues to perform the same or similar | 37 |
duties under the direction of a contractor who has contracted to | 38 |
take over what before the date of the contract was a publicly | 39 |
operated function. The governmental unit with which the contract | 40 |
has been made shall be deemed the employer for the purposes of | 41 |
administering this chapter. | 42 |
(3) Any person who is an employee of a public employer, | 43 |
notwithstanding that the person's compensation for that employment | 44 |
is derived from funds of a person or entity other than the | 45 |
employer. Credit for such service shall be included as total | 46 |
service credit, provided that the employee makes the payments | 47 |
required by this chapter, and the employer makes the payments | 48 |
required by sections 145.48 and 145.51 of the Revised Code. | 49 |
(4) A person who elects in accordance with section 145.015 of | 50 |
the Revised Code to remain a contributing member of the public | 51 |
employees retirement system. | 52 |
In all cases of doubt, the public employees retirement board | 53 |
shall determine whether any person is a public employee, and its | 54 |
decision is final. | 55 |
(B) "Member" means any public employee, other than a public | 56 |
employee excluded or exempted from membership in the retirement | 57 |
system by section 145.03, 145.031, 145.032, 145.033, 145.034, | 58 |
145.035, or 145.38 of the Revised Code. "Member" includes a PERS | 59 |
retirant who becomes a member under division (C) of section 145.38 | 60 |
of the Revised Code. "Member" also includes a disability benefit | 61 |
recipient. | 62 |
(C) "Head of the department" means the elective or appointive | 63 |
head of the several executive, judicial, and administrative | 64 |
departments, institutions, boards, and commissions of the state | 65 |
and local government as the same are created and defined by the | 66 |
laws of this state or, in case of a charter government, by that | 67 |
charter. | 68 |
(D) "Employer" or "public employer" means the state or any | 69 |
county, township, municipal corporation, park district, | 70 |
conservancy district, sanitary district, health district, | 71 |
metropolitan housing authority, state retirement board, Ohio | 72 |
historical society, public library, county law library, union | 73 |
cemetery, joint hospital, institutional commissary, state medical | 74 |
75 | |
commission, council, committee, authority, or administrative body | 76 |
as the same are, or have been, created by action of the general | 77 |
assembly or by the legislative authority of any of the units of | 78 |
local government named in this division not covered by section | 79 |
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code. In | 80 |
addition, "employer" means the employer of any public employee. | 81 |
(E) "Prior service" means all service as a public employee | 82 |
rendered before January 1, 1935, and all service as an employee of | 83 |
any employer who comes within the state teachers retirement system | 84 |
or of the school employees retirement system or of any other | 85 |
retirement system established under the laws of this state | 86 |
rendered prior to January 1, 1935, provided that if the employee | 87 |
claiming the service was employed in any capacity covered by that | 88 |
other system after that other system was established, credit for | 89 |
the service may be allowed by the public employees retirement | 90 |
system only when the employee has made payment, to be computed on | 91 |
the salary earned from the date of appointment to the date | 92 |
membership was established in the public employees retirement | 93 |
system, at the rate in effect at the time of payment, and the | 94 |
employer has made payment of the corresponding full liability as | 95 |
provided by section 145.44 of the Revised Code. "Prior service" | 96 |
also means all service credited for active duty with the armed | 97 |
forces of the United States as provided in section 145.30 of the | 98 |
Revised Code. | 99 |
If an employee who has been granted prior service credit by | 100 |
the public employees retirement system for service rendered prior | 101 |
to January 1, 1935, as an employee of a board of education | 102 |
establishes, before retirement, one year or more of contributing | 103 |
service in the state teachers retirement system or school | 104 |
employees retirement system, then the prior service ceases to be | 105 |
the liability of this system. | 106 |
If the board determines that a position of any member in any | 107 |
calendar year prior to January 1, 1935, was a part-time position, | 108 |
the board shall determine what fractional part of a year's credit | 109 |
shall be allowed by the following formula: | 110 |
(1) When the member has been either elected or appointed to | 111 |
an office the term of which was two or more years and for which an | 112 |
annual salary is established, the fractional part of the year's | 113 |
credit shall be computed as follows: | 114 |
First, when the member's annual salary is one thousand | 115 |
dollars or less, the service credit for each such calendar year | 116 |
shall be forty per cent of a year. | 117 |
Second, for each full one hundred dollars of annual salary | 118 |
above one thousand dollars, the member's service credit for each | 119 |
such calendar year shall be increased by two and one-half per | 120 |
cent. | 121 |
(2) When the member is paid on a per diem basis, the service | 122 |
credit for any single year of the service shall be determined by | 123 |
using the number of days of service for which the compensation was | 124 |
received in any such year as a numerator and using two hundred | 125 |
fifty days as a denominator. | 126 |
(3) When the member is paid on an hourly basis, the service | 127 |
credit for any single year of the service shall be determined by | 128 |
using the number of hours of service for which the compensation | 129 |
was received in any such year as a numerator and using two | 130 |
thousand hours as a denominator. | 131 |
(F) "Contributor" means any person who has an account in the | 132 |
employees' savings fund created by section 145.23 of the Revised | 133 |
Code. When used in the sections listed in division (B) of section | 134 |
145.82 of the Revised Code, "contributor" includes any person | 135 |
participating in a PERS defined contribution plan. | 136 |
(G) "Beneficiary" or "beneficiaries" means the estate or a | 137 |
person or persons who, as the result of the death of a member, | 138 |
contributor, or retirant, qualify for or are receiving some right | 139 |
or benefit under this chapter. | 140 |
(H)(1) "Total service credit," except as provided in section | 141 |
145.37 of the Revised Code, means all service credited to a member | 142 |
of the retirement system since last becoming a member, including | 143 |
restored service credit as provided by section 145.31 of the | 144 |
Revised Code; credit purchased under sections 145.293 and 145.299 | 145 |
of the Revised Code; all the member's prior service credit; all | 146 |
the member's military service credit computed as provided in this | 147 |
chapter; all service credit established pursuant to section | 148 |
145.297 of the Revised Code; and any other service credited under | 149 |
this chapter. In addition, "total service credit" includes any | 150 |
period, not in excess of three years, during which a member was | 151 |
out of service and receiving benefits under Chapters 4121. and | 152 |
4123. of the Revised Code. For the exclusive purpose of satisfying | 153 |
the service credit requirement and of determining eligibility for | 154 |
benefits under sections 145.32, 145.33, 145.331, 145.35, 145.36, | 155 |
and 145.361 of the Revised Code, "five or more years of total | 156 |
service credit" means sixty or more calendar months of | 157 |
contributing service in this system. | 158 |
(2) "One and one-half years of contributing service credit," | 159 |
as used in division (B) of section 145.45 of the Revised Code, | 160 |
also means eighteen or more calendar months of employment by a | 161 |
municipal corporation that formerly operated its own retirement | 162 |
plan for its employees or a part of its employees, provided that | 163 |
all employees of that municipal retirement plan who have eighteen | 164 |
or more months of such employment, upon establishing membership in | 165 |
the public employees retirement system, shall make a payment of | 166 |
the contributions they would have paid had they been members of | 167 |
this system for the eighteen months of employment preceding the | 168 |
date membership was established. When that payment has been made | 169 |
by all such employee members, a corresponding payment shall be | 170 |
paid into the employers' accumulation fund by that municipal | 171 |
corporation as the employer of the employees. | 172 |
(3) Where a member also is a member of the state teachers | 173 |
retirement system or the school employees retirement system, or | 174 |
both, except in cases of retirement on a combined basis pursuant | 175 |
to section 145.37 of the Revised Code or as provided in section | 176 |
145.383 of the Revised Code, service credit for any period shall | 177 |
be credited on the basis of the ratio that contributions to the | 178 |
public employees retirement system bear to total contributions in | 179 |
all state retirement systems. | 180 |
(4) Not more than one year of credit may be given for any | 181 |
period of twelve months. | 182 |
(5) "Ohio service credit" means credit for service that was | 183 |
rendered to the state or any of its political subdivisions or any | 184 |
employer. | 185 |
(I) "Regular interest" means interest at any rates for the | 186 |
respective funds and accounts as the public employees retirement | 187 |
board may determine from time to time. | 188 |
(J) "Accumulated contributions" means the sum of all amounts | 189 |
credited to a contributor's individual account in the employees' | 190 |
savings fund together with any interest credited to the | 191 |
contributor's account under section 145.471 or 145.472 of the | 192 |
Revised Code. | 193 |
(K)(1) "Final average salary" means the quotient obtained by | 194 |
dividing by three the sum of the three full calendar years of | 195 |
contributing service in which the member's earnable salary was | 196 |
highest, except that if the member has a partial year of | 197 |
contributing service in the year the member's employment | 198 |
terminates and the member's earnable salary for the partial year | 199 |
is higher than for any comparable period in the three years, the | 200 |
member's earnable salary for the partial year shall be substituted | 201 |
for the member's earnable salary for the comparable period during | 202 |
the three years in which the member's earnable salary was lowest. | 203 |
(2) If a member has less than three years of contributing | 204 |
service, the member's final average salary shall be the member's | 205 |
total earnable salary divided by the total number of years, | 206 |
including any fraction of a year, of the member's contributing | 207 |
service. | 208 |
(3) For the purpose of calculating benefits payable to a | 209 |
member qualifying for service credit under division (Z) of this | 210 |
section, "final average salary" means the total earnable salary on | 211 |
which contributions were made divided by the total number of years | 212 |
during which contributions were made, including any fraction of a | 213 |
year. If contributions were made for less than twelve months, | 214 |
"final average salary" means the member's total earnable salary. | 215 |
(L) "Annuity" means payments for life derived from | 216 |
contributions made by a contributor and paid from the annuity and | 217 |
pension reserve fund as provided in this chapter. All annuities | 218 |
shall be paid in twelve equal monthly installments. | 219 |
(M) "Annuity reserve" means the present value, computed upon | 220 |
the basis of the mortality and other tables adopted by the board, | 221 |
of all payments to be made on account of any annuity, or benefit | 222 |
in lieu of any annuity, granted to a retirant as provided in this | 223 |
chapter. | 224 |
(N)(1) "Disability retirement" means retirement as provided | 225 |
in section 145.36 of the Revised Code. | 226 |
(2) "Disability allowance" means an allowance paid on account | 227 |
of disability under section 145.361 of the Revised Code. | 228 |
(3) "Disability benefit" means a benefit paid as disability | 229 |
retirement under section 145.36 of the Revised Code, as a | 230 |
disability allowance under section 145.361 of the Revised Code, or | 231 |
as a disability benefit under section 145.37 of the Revised Code. | 232 |
(4) "Disability benefit recipient" means a member who is | 233 |
receiving a disability benefit. | 234 |
(O) "Age and service retirement" means retirement as provided | 235 |
in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of | 236 |
the Revised Code. | 237 |
(P) "Pensions" means annual payments for life derived from | 238 |
contributions made by the employer that at the time of retirement | 239 |
are credited into the annuity and pension reserve fund from the | 240 |
employers' accumulation fund and paid from the annuity and pension | 241 |
reserve fund as provided in this chapter. All pensions shall be | 242 |
paid in twelve equal monthly installments. | 243 |
(Q) "Retirement allowance" means the pension plus that | 244 |
portion of the benefit derived from contributions made by the | 245 |
member. | 246 |
(R)(1) Except as otherwise provided in division (R) of this | 247 |
section, "earnable salary" means all salary, wages, and other | 248 |
earnings paid to a contributor by reason of employment in a | 249 |
position covered by the retirement system. The salary, wages, and | 250 |
other earnings shall be determined prior to determination of the | 251 |
amount required to be contributed to the employees' savings fund | 252 |
under section 145.47 of the Revised Code and without regard to | 253 |
whether any of the salary, wages, or other earnings are treated as | 254 |
deferred income for federal income tax purposes. "Earnable salary" | 255 |
includes the following: | 256 |
(a) Payments made by the employer in lieu of salary, wages, | 257 |
or other earnings for sick leave, personal leave, or vacation used | 258 |
by the contributor; | 259 |
(b) Payments made by the employer for the conversion of sick | 260 |
leave, personal leave, and vacation leave accrued, but not used if | 261 |
the payment is made during the year in which the leave is accrued, | 262 |
except that payments made pursuant to section 124.383 or 124.386 | 263 |
of the Revised Code are not earnable salary; | 264 |
(c) Allowances paid by the employer for full maintenance, | 265 |
consisting of housing, laundry, and meals, as certified to the | 266 |
retirement board by the employer or the head of the department | 267 |
that employs the contributor; | 268 |
(d) Fees and commissions paid under section 507.09 of the | 269 |
Revised Code; | 270 |
(e) Payments that are made under a disability leave program | 271 |
sponsored by the employer and for which the employer is required | 272 |
by section 145.296 of the Revised Code to make periodic employer | 273 |
and employee contributions; | 274 |
(f) Amounts included pursuant to divisions (K)(3) and (Y) of | 275 |
this section. | 276 |
(2) "Earnable salary" does not include any of the following: | 277 |
(a) Fees and commissions, other than those paid under section | 278 |
507.09 of the Revised Code, paid as sole compensation for personal | 279 |
services and fees and commissions for special services over and | 280 |
above services for which the contributor receives a salary; | 281 |
(b) Amounts paid by the employer to provide life insurance, | 282 |
sickness, accident, endowment, health, medical, hospital, dental, | 283 |
or surgical coverage, or other insurance for the contributor or | 284 |
the contributor's family, or amounts paid by the employer to the | 285 |
contributor in lieu of providing the insurance; | 286 |
(c) Incidental benefits, including lodging, food, laundry, | 287 |
parking, or services furnished by the employer, or use of the | 288 |
employer's property or equipment, or amounts paid by the employer | 289 |
to the contributor in lieu of providing the incidental benefits; | 290 |
(d) Reimbursement for job-related expenses authorized by the | 291 |
employer, including moving and travel expenses and expenses | 292 |
related to professional development; | 293 |
(e) Payments for accrued but unused sick leave, personal | 294 |
leave, or vacation that are made at any time other than in the | 295 |
year in which the sick leave, personal leave, or vacation was | 296 |
accrued; | 297 |
(f) Payments made to or on behalf of a contributor that are | 298 |
in excess of the annual compensation that may be taken into | 299 |
account by the retirement system under division (a)(17) of section | 300 |
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 | 301 |
U.S.C.A. 401(a)(17), as amended; | 302 |
(g) Payments made under division (B), (C), or (E) of section | 303 |
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill | 304 |
No. 3 of the 119th general assembly, Section 3 of Amended | 305 |
Substitute Senate Bill No. 164 of the 124th general assembly, or | 306 |
Amended Substitute House Bill No. 405 of the 124th general | 307 |
assembly; | 308 |
(h) Anything of value received by the contributor that is | 309 |
based on or attributable to retirement or an agreement to retire, | 310 |
except that payments made on or before January 1, 1989, that are | 311 |
based on or attributable to an agreement to retire shall be | 312 |
included in earnable salary if both of the following apply: | 313 |
(i) The payments are made in accordance with contract | 314 |
provisions that were in effect prior to January 1, 1986; | 315 |
(ii) The employer pays the retirement system an amount | 316 |
specified by the retirement board equal to the additional | 317 |
liability resulting from the payments. | 318 |
(3) The retirement board shall determine by rule whether any | 319 |
compensation not enumerated in division (R) of this section is | 320 |
earnable salary, and its decision shall be final. | 321 |
(S) "Pension reserve" means the present value, computed upon | 322 |
the basis of the mortality and other tables adopted by the board, | 323 |
of all payments to be made on account of any retirement allowance | 324 |
or benefit in lieu of any retirement allowance, granted to a | 325 |
member or beneficiary under this chapter. | 326 |
(T)(1) "Contributing service" means all service credited to a | 327 |
member of the system since January 1, 1935, for which | 328 |
contributions are made as required by sections 145.47, 145.48, and | 329 |
145.483 of the Revised Code. In any year subsequent to 1934, | 330 |
credit for any service shall be allowed by the following formula: | 331 |
(a) For each month for which the member's earnable salary is | 332 |
two hundred fifty dollars or more, allow one month's credit. | 333 |
(b) For each month for which the member's earnable salary is | 334 |
less than two hundred fifty dollars, allow a fraction of a month's | 335 |
credit. The numerator of this fraction shall be the earnable | 336 |
salary during the month, and the denominator shall be two hundred | 337 |
fifty dollars, except that if the member's annual earnable salary | 338 |
is less than six hundred dollars, the member's credit shall not be | 339 |
reduced below twenty per cent of a year for a calendar year of | 340 |
employment during which the member worked each month. Division | 341 |
(T)(1)(b) of this section shall not reduce any credit earned | 342 |
before January 1, 1985. | 343 |
(2) Notwithstanding division (T)(1) of this section, an | 344 |
elected official who prior to January 1, 1980, was granted a full | 345 |
year of credit for each year of service as an elected official | 346 |
shall be considered to have earned a full year of credit for each | 347 |
year of service regardless of whether the service was full-time or | 348 |
part-time. The public employees retirement board has no authority | 349 |
to reduce the credit. | 350 |
(U) "State retirement board" means the public employees | 351 |
retirement board, the school employees retirement board, or the | 352 |
state teachers retirement board. | 353 |
(V) "Retirant" means any former member who retires and is | 354 |
receiving a monthly allowance as provided in sections 145.32, | 355 |
145.33, 145.331, 145.34, and 145.46 of the Revised Code. | 356 |
(W) "Employer contribution" means the amount paid by an | 357 |
employer as determined under section 145.48 of the Revised Code. | 358 |
(X) "Public service terminates" means the last day for which | 359 |
a public employee is compensated for services performed for an | 360 |
employer or the date of the employee's death, whichever occurs | 361 |
first. | 362 |
(Y) When a member has been elected or appointed to an office, | 363 |
the term of which is two or more years, for which an annual salary | 364 |
is established, and in the event that the salary of the office is | 365 |
increased and the member is denied the additional salary by reason | 366 |
of any constitutional provision prohibiting an increase in salary | 367 |
during a term of office, the member may elect to have the amount | 368 |
of the member's contributions calculated upon the basis of the | 369 |
increased salary for the office. At the member's request, the | 370 |
board shall compute the total additional amount the member would | 371 |
have contributed, or the amount by which each of the member's | 372 |
contributions would have increased, had the member received the | 373 |
increased salary for the office the member holds. If the member | 374 |
elects to have the amount by which the member's contribution would | 375 |
have increased withheld from the member's salary, the member shall | 376 |
notify the employer, and the employer shall make the withholding | 377 |
and transmit it to the retirement system. A member who has not | 378 |
elected to have that amount withheld may elect at any time to make | 379 |
a payment to the retirement system equal to the additional amount | 380 |
the member's contribution would have increased, plus interest on | 381 |
that contribution, compounded annually at a rate established by | 382 |
the board and computed from the date on which the last | 383 |
contribution would have been withheld from the member's salary to | 384 |
the date of payment. A member may make a payment for part of the | 385 |
period for which the increased contribution was not withheld, in | 386 |
which case the interest shall be computed from the date the last | 387 |
contribution would have been withheld for the period for which the | 388 |
payment is made. Upon the payment of the increased contributions | 389 |
as provided in this division, the increased annual salary as | 390 |
provided by law for the office for the period for which the member | 391 |
paid increased contributions thereon shall be used in determining | 392 |
the member's earnable salary for the purpose of computing the | 393 |
member's final average salary. | 394 |
(Z) "Five years of service credit," for the exclusive purpose | 395 |
of satisfying the service credit requirements and of determining | 396 |
eligibility for benefits under section 145.33 of the Revised Code, | 397 |
means employment covered under this chapter or under a former | 398 |
retirement plan operated, recognized, or endorsed by the employer | 399 |
prior to coverage under this chapter or under a combination of the | 400 |
coverage. | 401 |
(AA) "Deputy sheriff" means any person who is commissioned | 402 |
and employed as a full-time peace officer by the sheriff of any | 403 |
county, and has been so employed since on or before December 31, | 404 |
1965; any person who is or has been commissioned and employed as a | 405 |
peace officer by the sheriff of any county since January 1, 1966, | 406 |
and who has received a certificate attesting to the person's | 407 |
satisfactory completion of the peace officer training school as | 408 |
required by section 109.77 of the Revised Code; or any person | 409 |
deputized by the sheriff of any county and employed pursuant to | 410 |
section 2301.12 of the Revised Code as a criminal bailiff or court | 411 |
constable who has received a certificate attesting to the person's | 412 |
satisfactory completion of the peace officer training school as | 413 |
required by section 109.77 of the Revised Code. | 414 |
(BB) "Township constable or police officer in a township | 415 |
police department or district" means any person who is | 416 |
commissioned and employed as a full-time peace officer pursuant to | 417 |
Chapter 505. or 509. of the Revised Code, who has received a | 418 |
certificate attesting to the person's satisfactory completion of | 419 |
the peace officer training school as required by section 109.77 of | 420 |
the Revised Code. | 421 |
(CC) "Drug agent" means any person who is either of the | 422 |
following: | 423 |
(1) Employed full time as a narcotics agent by a county | 424 |
narcotics agency created pursuant to section 307.15 of the Revised | 425 |
Code and has received a certificate attesting to the satisfactory | 426 |
completion of the peace officer training school as required by | 427 |
section 109.77 of the Revised Code; | 428 |
(2) Employed full time as an undercover drug agent as defined | 429 |
in section 109.79 of the Revised Code and is in compliance with | 430 |
section 109.77 of the Revised Code. | 431 |
(DD) "Department of public safety enforcement agent" means a | 432 |
full-time employee of the department of public safety who is | 433 |
designated under section 5502.14 of the Revised Code as an | 434 |
enforcement agent and who is in compliance with section 109.77 of | 435 |
the Revised Code. | 436 |
(EE) "Natural resources law enforcement staff officer" means | 437 |
a full-time employee of the department of natural resources who is | 438 |
designated a natural resources law enforcement staff officer under | 439 |
section 1501.013 of the Revised Code and is in compliance with | 440 |
section 109.77 of the Revised Code. | 441 |
(FF) "Park officer" means a full-time employee of the | 442 |
department of natural resources who is designated a park officer | 443 |
under section 1541.10 of the Revised Code and is in compliance | 444 |
with section 109.77 of the Revised Code. | 445 |
(GG) "Forest officer" means a full-time employee of the | 446 |
department of natural resources who is designated a forest officer | 447 |
under section 1503.29 of the Revised Code and is in compliance | 448 |
with section 109.77 of the Revised Code. | 449 |
(HH) "Preserve officer" means a full-time employee of the | 450 |
department of natural resources who is designated a preserve | 451 |
officer under section 1517.10 of the Revised Code and is in | 452 |
compliance with section 109.77 of the Revised Code. | 453 |
(II) "Wildlife officer" means a full-time employee of the | 454 |
department of natural resources who is designated a wildlife | 455 |
officer under section 1531.13 of the Revised Code and is in | 456 |
compliance with section 109.77 of the Revised Code. | 457 |
(JJ) "State watercraft officer" means a full-time employee of | 458 |
the department of natural resources who is designated a state | 459 |
watercraft officer under section 1547.521 of the Revised Code and | 460 |
is in compliance with section 109.77 of the Revised Code. | 461 |
(KK) "Park district police officer" means a full-time | 462 |
employee of a park district who is designated pursuant to section | 463 |
511.232 or 1545.13 of the Revised Code and is in compliance with | 464 |
section 109.77 of the Revised Code. | 465 |
(LL) "Conservancy district officer" means a full-time | 466 |
employee of a conservancy district who is designated pursuant to | 467 |
section 6101.75 of the Revised Code and is in compliance with | 468 |
section 109.77 of the Revised Code. | 469 |
(MM) "Municipal police officer" means a member of the | 470 |
organized police department of a municipal corporation who is | 471 |
employed full time, is in compliance with section 109.77 of the | 472 |
Revised Code, and is not a member of the Ohio police and fire | 473 |
pension fund. | 474 |
(NN) "Veterans' home police officer" means any person who is | 475 |
employed at a veterans' home as a police officer pursuant to | 476 |
section 5907.02 of the Revised Code and is in compliance with | 477 |
section 109.77 of the Revised Code. | 478 |
(OO) "Special police officer for a mental health institution" | 479 |
means any person who is designated as such pursuant to section | 480 |
5119.14 of the Revised Code and is in compliance with section | 481 |
109.77 of the Revised Code. | 482 |
(PP) "Special police officer for an institution for the | 483 |
mentally retarded and developmentally disabled" means any person | 484 |
who is designated as such pursuant to section 5123.13 of the | 485 |
Revised Code and is in compliance with section 109.77 of the | 486 |
Revised Code. | 487 |
(QQ) "State university law enforcement officer" means any | 488 |
person who is employed full time as a state university law | 489 |
enforcement officer pursuant to section 3345.04 of the Revised | 490 |
Code and who is in compliance with section 109.77 of the Revised | 491 |
Code. | 492 |
(RR) "House sergeant at arms" means any person appointed by | 493 |
the speaker of the house of representatives under division (B)(1) | 494 |
of section 101.311 of the Revised Code who has arrest authority | 495 |
under division (E)(1) of that section. | 496 |
(SS) "Assistant house sergeant at arms" means any person | 497 |
appointed by the house sergeant at arms under division (C)(1) of | 498 |
section 101.311 of the Revised Code. | 499 |
(TT) "Regional transit authority police officer" means a | 500 |
person who is employed full time as a regional transit authority | 501 |
police officer under division (Y) of section 306.35 of the Revised | 502 |
Code and is in compliance with section 109.77 of the Revised Code. | 503 |
(UU) "State highway patrol police officer" means a special | 504 |
police officer employed full time and designated by the | 505 |
superintendent of the state highway patrol pursuant to section | 506 |
5503.09 of the Revised Code or a person serving full time as a | 507 |
special police officer pursuant to that section on a permanent | 508 |
basis on October 21, 1997, who is in compliance with section | 509 |
109.77 of the Revised Code. | 510 |
(VV) "Municipal public safety director" means a person who | 511 |
serves full time as the public safety director of a municipal | 512 |
corporation with the duty of directing the activities of the | 513 |
municipal corporation's police department and fire department. | 514 |
(WW) Notwithstanding section 2901.01 of the Revised Code, | 515 |
"PERS law enforcement officer" means a sheriff or any of the | 516 |
following whose primary duties are to preserve the peace, protect | 517 |
life and property, and enforce the laws of this state: a deputy | 518 |
sheriff, township constable or police officer in a township police | 519 |
department or district, drug agent, department of public safety | 520 |
enforcement agent, natural resources law enforcement staff | 521 |
officer, park officer, forest officer, preserve officer, wildlife | 522 |
officer, state watercraft officer, park district police officer, | 523 |
conservancy district officer, veterans' home police officer, | 524 |
special police officer for a mental health institution, special | 525 |
police officer for an institution for the mentally retarded and | 526 |
developmentally disabled, state university law enforcement | 527 |
officer, municipal police officer, house sergeant at arms, | 528 |
assistant house sergeant at arms, regional transit authority | 529 |
police officer, or state highway patrol police officer. PERS law | 530 |
enforcement officer also includes a person serving as a municipal | 531 |
public safety director at any time during the period from | 532 |
September 29, 2005, to | 533 |
24, 2009, if the duties of that service were to preserve the | 534 |
peace, protect life and property, and enforce the laws of this | 535 |
state. | 536 |
(XX) "Hamilton county municipal court bailiff" means a person | 537 |
appointed by the clerk of courts of the Hamilton county municipal | 538 |
court under division (A)(3) of section 1901.32 of the Revised Code | 539 |
who is employed full time as a bailiff or deputy bailiff, who has | 540 |
received a certificate attesting to the person's satisfactory | 541 |
completion of the peace officer basic training described in | 542 |
division (D)(1) of section 109.77 of the Revised Code. | 543 |
(YY) "PERS public safety officer" means a Hamilton county | 544 |
municipal court bailiff, or any of the following whose primary | 545 |
duties are other than to preserve the peace, protect life and | 546 |
property, and enforce the laws of this state: a deputy sheriff, | 547 |
township constable or police officer in a township police | 548 |
department or district, drug agent, department of public safety | 549 |
enforcement agent, natural resources law enforcement staff | 550 |
officer, park officer, forest officer, preserve officer, wildlife | 551 |
officer, state watercraft officer, park district police officer, | 552 |
conservancy district officer, veterans' home police officer, | 553 |
special police officer for a mental health institution, special | 554 |
police officer for an institution for the mentally retarded and | 555 |
developmentally disabled, state university law enforcement | 556 |
officer, municipal police officer, house sergeant at arms, | 557 |
assistant house sergeant at arms, regional transit authority | 558 |
police officer, or state highway patrol police officer. PERS | 559 |
public safety officer also includes a person serving as a | 560 |
municipal public safety director at any time during the period | 561 |
from September 29, 2005, to | 562 |
March 24, 2009, if the duties of that service were other than to | 563 |
preserve the peace, protect life and property, and enforce the | 564 |
laws of this state. | 565 |
(ZZ) "Fiduciary" means a person who does any of the | 566 |
following: | 567 |
(1) Exercises any discretionary authority or control with | 568 |
respect to the management of the system or with respect to the | 569 |
management or disposition of its assets; | 570 |
(2) Renders investment advice for a fee, direct or indirect, | 571 |
with respect to money or property of the system; | 572 |
(3) Has any discretionary authority or responsibility in the | 573 |
administration of the system. | 574 |
(AAA) "Actuary" means an individual who satisfies all of the | 575 |
following requirements: | 576 |
(1) Is a member of the American academy of actuaries; | 577 |
(2) Is an associate or fellow of the society of actuaries; | 578 |
(3) Has a minimum of five years' experience in providing | 579 |
actuarial services to public retirement plans. | 580 |
(BBB) "PERS defined benefit plan" means the plan described in | 581 |
sections 145.201 to 145.79 of the Revised Code. | 582 |
(CCC) "PERS defined contribution plans" means the plan or | 583 |
plans established under section 145.81 of the Revised Code. | 584 |
Sec. 145.011. In addition to the membership of the public | 585 |
employees retirement system as prescribed in division (A) of | 586 |
section 145.01 of the Revised Code and notwithstanding Chapter | 587 |
3309. of the Revised Code, there shall be included in such | 588 |
membership all of the following: | 589 |
(A) The nonteaching employees of the Cleveland state | 590 |
university and the
| 591 |
592 |
(B) Any person who elects to transfer from the school | 593 |
employees retirement system to the public employees retirement | 594 |
system under section 3309.312 of the Revised Code; | 595 |
(C) Any person who is employed full-time on or after | 596 |
September 16, 1998, pursuant to section 3345.04 of the Revised | 597 |
Code by the university of Akron as a state university law | 598 |
enforcement officer. | 599 |
Such employees are included in the definition of member as | 600 |
used in Chapter 145. of the Revised Code. The universities and | 601 |
colleges shall be subject to the obligations imposed by Chapter | 602 |
145. of the Revised Code. | 603 |
Sec. 151.04. This section applies to obligations as defined | 604 |
in this section. | 605 |
(A) As used in this section: | 606 |
(1) "Costs of capital facilities" include related direct | 607 |
administrative expenses and allocable portions of direct costs of | 608 |
the using institution. | 609 |
(2) "Obligations" means obligations as defined in section | 610 |
151.01 of the Revised Code issued to pay costs of capital | 611 |
facilities for state-supported or state-assisted institutions of | 612 |
higher education. | 613 |
(3) "State-supported or state-assisted institutions of higher | 614 |
education" means a state university or college, or community | 615 |
college district, technical college district, university branch | 616 |
district, or state community college, or other institution for | 617 |
education, including technical education, beyond the high school, | 618 |
receiving state support or assistance for its expenses of | 619 |
operation. "State university or college" means each of the state | 620 |
universities identified in section 3345.011 of the Revised Code | 621 |
and the | 622 |
623 |
(4) "Using institution" means the state-supported or | 624 |
state-assisted institution of higher education, or two or more | 625 |
institutions acting jointly, that are the ultimate users of | 626 |
capital facilities for state-supported and state-assisted | 627 |
institutions of higher education financed with net proceeds of | 628 |
obligations. | 629 |
(B) The issuing authority shall issue obligations to pay | 630 |
costs of capital facilities for state-supported and state-assisted | 631 |
institutions of higher education pursuant to Section 2n of Article | 632 |
VIII, Ohio Constitution, section 151.01 of the Revised Code, and | 633 |
this section. | 634 |
(C) Net proceeds of obligations shall be deposited into the | 635 |
higher education improvement fund created by division (F) of | 636 |
section 154.21 of the Revised Code. | 637 |
(D) There is hereby created in the state treasury the "higher | 638 |
education capital facilities bond service fund." All moneys | 639 |
received by the state and required by the bond proceedings, | 640 |
consistent with sections 151.01 and 151.04 of the Revised Code, to | 641 |
be deposited, transferred, or credited to the bond service fund, | 642 |
and all other moneys transferred or allocated to or received for | 643 |
the purposes of that fund, shall be deposited and credited to the | 644 |
bond service fund, subject to any applicable provisions of the | 645 |
bond proceedings but without necessity for any act of | 646 |
appropriation. During the period beginning with the date of the | 647 |
first issuance of obligations and continuing during the time that | 648 |
any obligations are outstanding in accordance with their terms, so | 649 |
long as moneys in the bond service fund are insufficient to pay | 650 |
debt service when due on those obligations payable from that fund | 651 |
(except the principal amounts of bond anticipation notes payable | 652 |
from the proceeds of renewal notes or bonds anticipated) and due | 653 |
in the particular fiscal year, a sufficient amount of revenues of | 654 |
the state is committed and, without necessity for further act of | 655 |
appropriation, shall be paid to the bond service fund for the | 656 |
purpose of paying that debt service when due. | 657 |
Sec. 154.01. As used in this chapter: | 658 |
(A) "Commission" means the Ohio public facilities commission | 659 |
created in section 151.02 of the Revised Code. | 660 |
(B) "Obligations" means bonds, notes, or other evidences of | 661 |
obligation, including interest coupons pertaining thereto, issued | 662 |
pursuant to Chapter 154. of the Revised Code. | 663 |
(C) "Bond proceedings" means the order or orders, resolution | 664 |
or resolutions, trust agreement, indenture, lease, and other | 665 |
agreements, amendments and supplements to the foregoing, or any | 666 |
combination thereof, authorizing or providing for the terms and | 667 |
conditions applicable to, or providing for the security of, | 668 |
obligations issued pursuant to Chapter 154. of the Revised Code, | 669 |
and the provisions contained in such obligations. | 670 |
(D) "State agencies" means the state of Ohio and officers, | 671 |
boards, commissions, departments, divisions, or other units or | 672 |
agencies of the state. | 673 |
(E) "Governmental agency" means state agencies, state | 674 |
supported and assisted institutions of higher education, municipal | 675 |
corporations, counties, townships, school districts, and any other | 676 |
political subdivision or special district in this state | 677 |
established pursuant to law, and, except where otherwise | 678 |
indicated, also means the United States or any department, | 679 |
division, or agency thereof, and any agency, commission, or | 680 |
authority established pursuant to an interstate compact or | 681 |
agreement. | 682 |
(F) "Institutions of higher education" and "state supported | 683 |
or state assisted institutions of higher education" means the | 684 |
state universities identified in section 3345.011 of the Revised | 685 |
Code, the
| 686 |
687 | |
time created, community college districts, university branch | 688 |
districts, and technical college districts at any time established | 689 |
or operating under Chapter 3354., 3355., or 3357. of the Revised | 690 |
Code, and other institutions for education, including technical | 691 |
education, beyond the high school, receiving state support or | 692 |
assistance for their expenses of operation. | 693 |
(G) "Governing body" means: | 694 |
(1) In the case of institutions of higher education, the | 695 |
board of trustees, board of directors, commission, or other body | 696 |
vested by law with the general management, conduct, and control of | 697 |
one or more institutions of higher education; | 698 |
(2) In the case of a county, the board of county | 699 |
commissioners or other legislative body; in the case of a | 700 |
municipal corporation, the council or other legislative body; in | 701 |
the case of a township, the board of township trustees; in the | 702 |
case of a school district, the board of education; | 703 |
(3) In the case of any other governmental agency, the | 704 |
officer, board, commission, authority or other body having the | 705 |
general management thereof or having jurisdiction or authority in | 706 |
the particular circumstances. | 707 |
(H) "Person" means any person, firm, partnership, | 708 |
association, or corporation. | 709 |
(I) "Bond service charges" means principal, including | 710 |
mandatory sinking fund requirements for retirement of obligations, | 711 |
and interest, and redemption premium, if any, required to be paid | 712 |
by the state on obligations. If not prohibited by the applicable | 713 |
bond proceedings, bond service charges may include costs relating | 714 |
to credit enhancement facilities that are related to and | 715 |
represent, or are intended to provide a source of payment of or | 716 |
limitation on, other bond service charges. | 717 |
(J) "Capital facilities" means buildings, structures, and | 718 |
other improvements, and equipment, real estate, and interests in | 719 |
real estate therefor, within the state, and any one, part of, or | 720 |
combination of the foregoing, to serve the general purposes for | 721 |
which the issuing authority is authorized to issue obligations | 722 |
pursuant to Chapter 154. of the Revised Code, including, but not | 723 |
limited to, drives, roadways, parking facilities, walks, lighting, | 724 |
machinery, furnishings, utilities, landscaping, wharves, docks, | 725 |
piers, reservoirs, dams, tunnels, bridges, retaining walls, | 726 |
riprap, culverts, ditches, channels, watercourses, retention | 727 |
basins, standpipes and water storage facilities, waste treatment | 728 |
and disposal facilities, heating, air conditioning and | 729 |
communications facilities, inns, lodges, cabins, camping sites, | 730 |
golf courses, boat and bathing facilities, athletic and | 731 |
recreational facilities, and site improvements. | 732 |
(K) "Costs of capital facilities" means the costs of | 733 |
acquiring, constructing, reconstructing, rehabilitating, | 734 |
remodeling, renovating, enlarging, improving, equipping, or | 735 |
furnishing capital facilities, and the financing thereof, | 736 |
including the cost of clearance and preparation of the site and of | 737 |
any land to be used in connection with capital facilities, the | 738 |
cost of any indemnity and surety bonds and premiums on insurance, | 739 |
all related direct administrative expenses and allocable portions | 740 |
of direct costs of the commission or issuing authority and | 741 |
department of administrative services, or other designees of the | 742 |
commission under section 154.17 of the Revised Code, cost of | 743 |
engineering and architectural services, designs, plans, | 744 |
specifications, surveys, and estimates of cost, legal fees, fees | 745 |
and expenses of trustees, depositories, and paying agents for the | 746 |
obligations, cost of issuance of the obligations and financing | 747 |
charges and fees and expenses of financial advisers and | 748 |
consultants in connection therewith, interest on obligations from | 749 |
the date thereof to the time when interest is to be covered from | 750 |
sources other than proceeds of obligations, amounts necessary to | 751 |
establish reserves as required by the bond proceedings, costs of | 752 |
audits, the reimbursement of all moneys advanced or applied by or | 753 |
borrowed from any governmental agency, whether to or by the | 754 |
commission or others, from whatever source provided, for the | 755 |
payment of any item or items of cost of the capital facilities, | 756 |
any share of the cost undertaken by the commission pursuant to | 757 |
arrangements made with governmental agencies under division (H) of | 758 |
section 154.06 of the Revised Code, and all other expenses | 759 |
necessary or incident to planning or determining feasibility or | 760 |
practicability with respect to capital facilities, and such other | 761 |
expenses as may be necessary or incident to the acquisition, | 762 |
construction, reconstruction, rehabilitation, remodeling, | 763 |
renovation, enlargement, improvement, equipment, and furnishing of | 764 |
capital facilities, the financing thereof and the placing of the | 765 |
same in use and operation, including any one, part of, or | 766 |
combination of such classes of costs and expenses. | 767 |
(L) "Public service facilities" means inns, lodges, hotels, | 768 |
cabins, camping sites, scenic trails, picnic sites, restaurants, | 769 |
commissaries, golf courses, boating and bathing facilities and | 770 |
other similar facilities in state parks. | 771 |
(M) "State parks" means: | 772 |
(1) State reservoirs described and identified in section | 773 |
1541.06 of the Revised Code; | 774 |
(2) All lands or interests therein of the state identified as | 775 |
administered by the division of parks and recreation in the | 776 |
"inventory of state owned lands administered by the department of | 777 |
natural resources as of June 1, 1963," as recorded in the journal | 778 |
of the director, which inventory was prepared by the real estate | 779 |
section of the department and is supported by maps now on file in | 780 |
said real estate section; | 781 |
(3) All lands or interests in lands of the state designated | 782 |
after June 1, 1963, as state parks in the journal of the director | 783 |
with the approval of the recreation and resources council. | 784 |
State parks do not include any lands or interest in lands of | 785 |
the state administered jointly by two or more divisions of the | 786 |
department of natural resources. The designation of lands as state | 787 |
parks under divisions (M)(1) to (3) of this section is conclusive | 788 |
and such lands shall be under the control of and administered by | 789 |
the division of parks and recreation. No order or proceeding | 790 |
designating lands as state parks or park purchase areas is subject | 791 |
to any appeal or review by any officer, board, commission, or | 792 |
court. | 793 |
(N) "Bond service fund" means the applicable fund created for | 794 |
and pledged to the payment of bond service charges under section | 795 |
154.20, 154.21, 154.22, or 154.23 of the Revised Code, including | 796 |
all moneys and investments, and earnings from investments, | 797 |
credited and to be credited thereto. | 798 |
(O) "Improvement fund" means the applicable fund created for | 799 |
the payment of costs of capital facilities under section 154.20, | 800 |
154.21, 154.22, or 3383.09 of the Revised Code, including all | 801 |
moneys and investments, and earnings from investments, credited | 802 |
and to be credited thereto. | 803 |
(P) "Special funds" or "funds" means, except where the | 804 |
context does not permit, the bond service funds, the improvements | 805 |
funds, and any other funds for similar or different purposes | 806 |
created under bond proceedings, including all moneys and | 807 |
investments, and earnings from investments, credited and to be | 808 |
credited thereto. | 809 |
(Q) "Year" unless the context indicates a different meaning | 810 |
or intent, means a calendar year beginning on the first day of | 811 |
January and ending on the thirty-first day of December. | 812 |
(R) "Fiscal year" means the period of twelve months beginning | 813 |
on the first day of July and ending on the thirtieth day of June. | 814 |
(S) "Issuing authority" means the treasurer of state or the | 815 |
officer or employee who by law performs the functions of that | 816 |
office. | 817 |
(T) "Credit enhancement facilities" has the same meaning as | 818 |
in section 133.01 of the Revised Code. | 819 |
(U) "Ohio cultural facility" and "Ohio sports facility" have | 820 |
the same meanings as in section 3383.01 of the Revised Code. | 821 |
Sec. 185.03. (A) The patient centered medical home education | 822 |
advisory group is hereby created for the purpose of implementing | 823 |
and administering the patient centered medical home pilot project. | 824 |
The advisory group shall develop a set of expected outcomes for | 825 |
the pilot project. | 826 |
(B) The advisory group shall consist of the following voting | 827 |
members: | 828 |
(1) One individual with expertise in the training and | 829 |
education of primary care physicians who is appointed by the dean | 830 |
of the university of Toledo college of medicine; | 831 |
(2) One individual with expertise in the training and | 832 |
education of primary care physicians who is appointed by the dean | 833 |
of the Boonshoft school of medicine at Wright state university; | 834 |
(3) One individual with expertise in the training and | 835 |
education of primary care physicians who is appointed by the | 836 |
president and dean of the | 837 |
838 |
(4) One individual with expertise in the training and | 839 |
education of primary care physicians who is appointed by the dean | 840 |
of the Ohio university college of osteopathic medicine; | 841 |
(5) Two individuals appointed by the governing board of the | 842 |
Ohio academy of family physicians; | 843 |
(6) One individual appointed by the governing board of the | 844 |
Ohio chapter of the American college of physicians; | 845 |
(7) One individual appointed by the governing board of the | 846 |
American academy of pediatrics; | 847 |
(8) One individual appointed by the governing board of the | 848 |
Ohio osteopathic association; | 849 |
(9) One individual with expertise in the training and | 850 |
education of advanced practice nurses who is appointed by the | 851 |
governing board of the Ohio council of deans and directors of | 852 |
baccalaureate and higher degree programs in nursing; | 853 |
(10) One individual appointed by the governing board of the | 854 |
Ohio nurses association; | 855 |
(11) One individual appointed by the governing board of the | 856 |
Ohio association of advanced practice nurses; | 857 |
(12) A member of the health care coverage and quality | 858 |
council, other than the advisory group member specified in | 859 |
division (C)(2) of this section, appointed by the superintendent | 860 |
of insurance. | 861 |
(C) The advisory group shall consist of the following | 862 |
nonvoting, ex officio members: | 863 |
(1) The executive director of the state medical board, or the | 864 |
director's designee; | 865 |
(2) The executive director of the board of nursing or the | 866 |
director's designee; | 867 |
(3) The chancellor of the Ohio board of regents, or the | 868 |
chancellor's designee; | 869 |
(4) The individual within the department of job and family | 870 |
services who serves as the director of medicaid, or the director's | 871 |
designee; | 872 |
(5) The director of health or the director's designee. | 873 |
(D) Advisory group members who are appointed shall serve at | 874 |
the pleasure of their appointing authorities. Terms of office of | 875 |
appointed members shall be three years, except that a member's | 876 |
term ends if the pilot project ceases operation during the | 877 |
member's term. | 878 |
Vacancies shall be filled in the manner provided for original | 879 |
appointments. | 880 |
Members shall serve without compensation, except to the | 881 |
extent that serving on the advisory group is considered part of | 882 |
their regular employment duties. | 883 |
(E) The advisory group shall select from among its members a | 884 |
chairperson and vice-chairperson. The advisory group may select | 885 |
any other officers it considers necessary to conduct its business. | 886 |
A majority of the members of the advisory group constitutes a | 887 |
quorum for the transaction of official business. A majority of a | 888 |
quorum is necessary for the advisory group to take any action, | 889 |
except that when one or more members of a quorum are required to | 890 |
abstain from voting as provided in division (C)(1)(d) or (C)(2)(c) | 891 |
of section 185.05 of the Revised Code, the number of members | 892 |
necessary for a majority of a quorum shall be reduced accordingly. | 893 |
The advisory group shall meet as necessary to fulfill its | 894 |
duties. The times and places for the meetings shall be selected by | 895 |
the chairperson. | 896 |
(F) Sections 101.82 to 101.87 of the Revised Code do not | 897 |
apply to the advisory group. | 898 |
Sec. 185.05. (A) The patient centered medical home education | 899 |
advisory group shall accept applications for inclusion in the | 900 |
patient centered medical home education pilot project from primary | 901 |
care practices with educational affiliations, as determined by the | 902 |
advisory group, with one or more of the following: | 903 |
(1) The Boonshoft school of medicine at Wright state | 904 |
university; | 905 |
(2) The university of Toledo college of medicine; | 906 |
(3) The | 907 |
908 |
(4) The Ohio university college of osteopathic medicine; | 909 |
(5) The college of nursing at the university of Toledo; | 910 |
(6) The Wright state university college of nursing and | 911 |
health; | 912 |
(7) The college of nursing at Kent state university; | 913 |
(8) The university of Akron college of nursing; | 914 |
(9) The school of nursing at Ohio university. | 915 |
(B)(1) Subject to division (C)(1) of this section, the | 916 |
advisory group shall select for inclusion in the pilot project not | 917 |
more than the following number of physician practices: | 918 |
(a) Ten practices affiliated with the Boonshoft school of | 919 |
medicine at Wright state university; | 920 |
(b) Ten practices affiliated with the university of Toledo | 921 |
college of medicine; | 922 |
(c) Ten practices affiliated with the | 923 |
Ohio
| 924 |
university; | 925 |
(d) Ten practices affiliated with the centers for osteopathic | 926 |
research and education of the Ohio university college of | 927 |
osteopathic medicine. | 928 |
(2) Subject to division (C)(2) of this section, the advisory | 929 |
group shall select for inclusion in the pilot project not less | 930 |
than the following number of advanced practice nurse primary care | 931 |
practices: | 932 |
(a) One practice affiliated with the college of nursing at | 933 |
the university of Toledo; | 934 |
(b) One practice affiliated with the Wright state university | 935 |
college of nursing and health; | 936 |
(c) One practice affiliated with the college of nursing at | 937 |
Kent state university or the university of Akron college of | 938 |
nursing; | 939 |
(d) One practice affiliated with the school of nursing at | 940 |
Ohio university. | 941 |
(C)(1) All of the following apply with respect to the | 942 |
selection of physician practices under division (B) of this | 943 |
section: | 944 |
(a) The advisory group shall strive to select physician | 945 |
practices in such a manner that the pilot project includes a | 946 |
diverse range of primary care specialties, including practices | 947 |
specializing in pediatrics, geriatrics, general internal medicine, | 948 |
or family medicine. | 949 |
(b) When evaluating an application, the advisory group shall | 950 |
consider the percentage of patients in the physician practice who | 951 |
are part of a medically underserved population, including medicaid | 952 |
recipients and individuals without health insurance. | 953 |
(c) The advisory group shall select not fewer than six | 954 |
practices that serve rural areas of this state, as those areas are | 955 |
determined by the advisory group. | 956 |
(d) A member of the advisory group shall abstain from | 957 |
participating in any vote taken regarding the selection of a | 958 |
physician practice if the member would receive any financial | 959 |
benefit from having the practice included in the pilot project. | 960 |
(2) All of the following apply with respect to the selection | 961 |
of advanced practice nurse primary care practices under division | 962 |
(B) of this section: | 963 |
(a) When evaluating an application, the advisory group shall | 964 |
consider the percentage of patients in the advanced practice nurse | 965 |
primary care practice who are part of a medically underserved | 966 |
population, including medicaid recipients and individuals without | 967 |
health insurance. | 968 |
(b) If the advisory group determines that it has not received | 969 |
an application from a sufficiently qualified advanced practice | 970 |
nurse primary care practice affiliated with a particular | 971 |
institution specified in division (B)(2) of this section, the | 972 |
advisory group shall make the selections required under that | 973 |
division in such a manner that the greatest possible number of | 974 |
those institutions are represented in the pilot project. To be | 975 |
selected in this manner, a practice remains subject to the | 976 |
eligibility requirements specified in division (B) of section | 977 |
185.06 of the Revised Code. As specified in division (B)(2) of | 978 |
this section, the number of practices selected for inclusion in | 979 |
the pilot project shall be at least four. | 980 |
(c) A member of the advisory group shall abstain from | 981 |
participating in any vote taken regarding the selection of an | 982 |
advanced practice nurse primary care practice if the member would | 983 |
receive any financial benefit from having the practice included in | 984 |
the pilot project. | 985 |
Sec. 3304.30. Every person in charge of governmental | 986 |
property to be substantially renovated or who is responsible for | 987 |
the acquisition, lease, or rental of such property shall consult | 988 |
with the director of the bureau of services for the visually | 989 |
impaired prior to such renovation, acquisition, lease, or rental | 990 |
to determine if sufficient numbers of persons will be using such | 991 |
property to support a suitable vending facility. If the director | 992 |
determines that such property would be a satisfactory site for a | 993 |
suitable vending facility, provision shall be made for electrical | 994 |
outlets, plumbing fixtures, and other requirements for the | 995 |
installation and operation of a suitable vending facility. In the | 996 |
case of a state university, | 997 |
university, technical college, state community college, community | 998 |
college, university branch district, or state-affiliated college | 999 |
or university, the decision to establish a suitable vending | 1000 |
facility shall be made jointly by the director of services for the | 1001 |
visually impaired and proper administrative authorities of the | 1002 |
state or state-affiliated college or university. | 1003 |
The bureau shall provide each suitable vending facility with | 1004 |
equipment and an adequate initial stock of suitable articles to be | 1005 |
vended. An inventory shall be made of each suitable vending | 1006 |
facility at least once every six months. Each blind licensee may | 1007 |
make | 1008 |
the bureau, provided that the bureau shall retain the right to | 1009 |
make its own inventory at any mutually agreeable time. Each blind | 1010 |
licensee may employ and discharge personnel required to operate | 1011 |
1012 | |
preference shall be given to blind persons capable of discharging | 1013 |
the required duties, and at all times at least one-half of the | 1014 |
employees shall be blind. | 1015 |
Sec. 3305.01. As used in this chapter: | 1016 |
(A) "Public institution of higher education" means a state | 1017 |
university as defined in section 3345.011 of the Revised Code, the | 1018 |
1019 | |
medical university, or a university branch, technical college, | 1020 |
state community college, community college, or municipal | 1021 |
university established or operating under Chapter 3345., 3349., | 1022 |
3354., 3355., 3357., or 3358. of the Revised Code. | 1023 |
(B) "State retirement system" means the public employees | 1024 |
retirement system created under Chapter 145. of the Revised Code, | 1025 |
the state teachers retirement system created under Chapter 3307. | 1026 |
of the Revised Code, or the school employees retirement system | 1027 |
created under Chapter 3309. of the Revised Code. | 1028 |
(C) "Eligible employee" means any person employed as a | 1029 |
full-time employee of a public institution of higher education. | 1030 |
In all cases of doubt, the board of trustees of the public | 1031 |
institution of higher education shall determine whether any person | 1032 |
is an eligible employee for purposes of this chapter, and the | 1033 |
board's decision shall be final. | 1034 |
(D) "Electing employee" means any eligible employee who | 1035 |
elects, pursuant to section 3305.05 or 3305.051 of the Revised | 1036 |
Code, to participate in an alternative retirement plan provided | 1037 |
pursuant to this chapter or an eligible employee who is required | 1038 |
to participate in an alternative retirement plan pursuant to | 1039 |
division (C)(4) of section 3305.05 or division (F) of section | 1040 |
3305.051 of the Revised Code. | 1041 |
(E) "Compensation," for purposes of an electing employee, has | 1042 |
the same meaning as the applicable one of the following: | 1043 |
(1) If the electing employee would be subject to Chapter 145. | 1044 |
of the Revised Code had the employee not made an election pursuant | 1045 |
to section 3305.05 or 3305.051 of the Revised Code, "earnable | 1046 |
salary" as defined in division (R) of section 145.01 of the | 1047 |
Revised Code; | 1048 |
(2) If the electing employee would be subject to Chapter | 1049 |
3307. of the Revised Code had the employee not made an election | 1050 |
pursuant to section 3305.05 or 3305.051 of the Revised Code, | 1051 |
"compensation" as defined in division (L) of section 3307.01 of | 1052 |
the Revised Code; | 1053 |
(3) If the electing employee would be subject to Chapter | 1054 |
3309. of the Revised Code had the employee not made an election | 1055 |
pursuant to section 3305.05 or 3305.051 of the Revised Code, | 1056 |
"compensation" as defined in division (V) of section 3309.01 of | 1057 |
the Revised Code. | 1058 |
(F) "Provider" means an entity designated under section | 1059 |
3305.03 of the Revised Code as a provider of investment options | 1060 |
for an alternative retirement plan. | 1061 |
Sec. 3333.045. As used in this section, "state university or | 1062 |
college" means any state university listed in section 3345.011 of | 1063 |
the Revised Code, the | 1064 |
1065 | |
under Chapter 3354. of the Revised Code, any university branch | 1066 |
district under Chapter 3355. of the Revised Code, any technical | 1067 |
college under Chapter 3357. of the Revised Code, and any state | 1068 |
community college under Chapter 3358. of the Revised Code. | 1069 |
The chancellor of the Ohio board of regents shall work with | 1070 |
the attorney general, the auditor of state, and the Ohio ethics | 1071 |
commission to develop a model for training members of the boards | 1072 |
of trustees of all state universities and colleges and members of | 1073 |
the board of regents regarding the authority and responsibilities | 1074 |
of a board of trustees or the board of regents. This model shall | 1075 |
include a review of fiduciary responsibilities, ethics, and fiscal | 1076 |
management. Use of this model by members of boards of trustees and | 1077 |
the board of regents shall be voluntary. | 1078 |
Sec. 3333.11. Each school or college of medicine or medical | 1079 |
university supported in whole or in part by the state shall create | 1080 |
a curriculum for and maintain a department of family practice, the | 1081 |
purpose of which shall be to acquaint undergraduates with and to | 1082 |
train postgraduate physicians for the practice of family medicine. | 1083 |
The minimum requirements for the department shall include courses | 1084 |
of study in family care, including clinical experience, a program | 1085 |
of preceptorships, and a program of family practice residencies in | 1086 |
university or other hospital settings. | 1087 |
Each program of family practice shall: | 1088 |
(A) Be designated to advance the field of family practice; | 1089 |
(B) Educate all medical students in family practice and | 1090 |
encourage students to enter it as a career; | 1091 |
(C) Provide students an opportunity to study family practice | 1092 |
in various situations through preceptorships, seminars, model | 1093 |
family practice units within the medical school, classroom work, | 1094 |
hospital programs, or other means; | 1095 |
(D) Develop residency and other training programs for family | 1096 |
practice in public and private hospitals, including those in | 1097 |
nonmetropolitan areas of the state; | 1098 |
(E) The department shall be a full department co-equal with | 1099 |
all other major clinical departments and headed by a qualified | 1100 |
experienced family practitioner serving as chairperson of the | 1101 |
department of family practice and director of the family practice | 1102 |
residency program. | 1103 |
Funds appropriated by the general assembly in support of | 1104 |
family practice programs shall not be disbursed until the | 1105 |
chancellor of the Ohio board of regents has certified that the | 1106 |
intent and requirements of this section are being met. | 1107 |
Sec. 3333.111. Each school or college of medicine or medical | 1108 |
university supported in whole or in part by the state shall create | 1109 |
an office of geriatric medicine within a department to be | 1110 |
designated by the dean of the school or college of medicine or | 1111 |
medical university, or, in lieu thereof, may establish a separate | 1112 |
department of geriatric medicine. The dean of the school or | 1113 |
college of medicine or medical university shall designate a member | 1114 |
of the medical school | 1115 |
to establish the office or department, which shall be responsible | 1116 |
for incorporating subject matter relating to geriatric medicine | 1117 |
into existing courses, arranging courses which relate to geriatric | 1118 |
medicine in sequence, and establishing courses in geriatric | 1119 |
medicine wherever appropriate, subject to approval of the dean | 1120 |
1121 | |
department of geriatric medicine shall provide clinical and | 1122 |
research experience where it is considered to be necessary and | 1123 |
appropriate. | 1124 |
Sec. 3333.611. (A) All of the following individuals shall | 1125 |
jointly develop a proposal for the creation of a primary care | 1126 |
medical student component of the choose Ohio first scholarship | 1127 |
program operated under section 3333.61 of the Revised Code under | 1128 |
which scholarships are annually made available and awarded to | 1129 |
medical students who meet the requirements specified in division | 1130 |
(D) of this section: | 1131 |
(1) The dean of the Ohio state university school of medicine; | 1132 |
(2) The dean of the Case western reserve university school of | 1133 |
medicine; | 1134 |
(3) The dean of the university of Toledo college of medicine; | 1135 |
(4) The president and dean of the | 1136 |
1137 |
(5) The dean of the university of Cincinnati college of | 1138 |
medicine; | 1139 |
(6) The dean of the Boonshoft school of medicine at Wright | 1140 |
state university; | 1141 |
(7) The dean of the Ohio university college of osteopathic | 1142 |
medicine. | 1143 |
(B) The individuals specified in division (A) of this section | 1144 |
shall consider including the following provisions in the proposal: | 1145 |
(1) Establishing a scholarship of sufficient size to permit | 1146 |
annually not more than fifty medical students to receive | 1147 |
scholarships; | 1148 |
(2) Specifying that a scholarship, once granted, may be | 1149 |
provided to a medical student for not more than four years. | 1150 |
(C) The individuals specified in division (A) of this section | 1151 |
shall submit the proposal for the component to the chancellor of | 1152 |
the Ohio board of regents not later than | 1153 |
1154 | |
review the proposal and determine whether to implement the | 1155 |
component as part of the program. | 1156 |
(D) To be eligible for a scholarship made available under the | 1157 |
component, a medical student shall meet all of the following | 1158 |
requirements: | 1159 |
(1) Participate in identified patient centered medical home | 1160 |
model training opportunities during medical school; | 1161 |
(2) Commit to a post-residency primary care practice in this | 1162 |
state for not less than three years; | 1163 |
(3) Accept medicaid recipients as patients, without | 1164 |
restriction and, as compared to other patients, in a proportion | 1165 |
that is specified in the scholarship. | 1166 |
Sec. 3334.01. As used in this chapter: | 1167 |
(A) "Aggregate original principal amount" means the aggregate | 1168 |
of the initial offering prices to the public of college savings | 1169 |
bonds, exclusive of accrued interest, if any. "Aggregate original | 1170 |
principal amount" does not mean the aggregate accreted amount | 1171 |
payable at maturity or redemption of such bonds. | 1172 |
(B) "Beneficiary" means: | 1173 |
(1) An individual designated by the purchaser under a tuition | 1174 |
payment contract or through a scholarship program as the | 1175 |
individual on whose behalf tuition units purchased under the | 1176 |
contract or awarded through the scholarship program will be | 1177 |
applied toward the payment of undergraduate, graduate, or | 1178 |
professional tuition; or | 1179 |
(2) An individual designated by the contributor under a | 1180 |
variable college savings program contract as the individual whose | 1181 |
tuition and other higher education expenses will be paid from a | 1182 |
variable college savings program account. | 1183 |
(C) "Capital appreciation bond" means a bond for which the | 1184 |
following is true: | 1185 |
(1) The principal amount is less than the amount payable at | 1186 |
maturity or early redemption; and | 1187 |
(2) No interest is payable on a current basis. | 1188 |
(D) "Tuition unit" means a credit of the Ohio tuition trust | 1189 |
authority purchased under section 3334.09 of the Revised Code. | 1190 |
"Tuition unit" includes a tuition credit purchased prior to July | 1191 |
1, 1994. | 1192 |
(E) "College savings bonds" means revenue and other | 1193 |
obligations issued on behalf of the state or any agency or issuing | 1194 |
authority thereof as a zero-coupon or capital appreciation bond, | 1195 |
and designated as college savings bonds as provided in this | 1196 |
chapter. "College savings bond issue" means any issue of bonds of | 1197 |
which any part has been designated as college savings bonds. | 1198 |
(F) "Institution of higher education" means a state | 1199 |
institution of higher education, a private college, university, or | 1200 |
other postsecondary institution located in this state that | 1201 |
possesses a certificate of authorization issued | 1202 |
1203 | |
certificate of registration issued by the state board of career | 1204 |
colleges and schools under Chapter 3332. of the Revised Code, or | 1205 |
an accredited college, university, or other postsecondary | 1206 |
institution located outside this state that is accredited by an | 1207 |
accrediting organization or professional association recognized by | 1208 |
the authority. To be considered an institution of higher | 1209 |
education, an institution shall meet the definition of an eligible | 1210 |
educational institution under section 529 of the Internal Revenue | 1211 |
Code. | 1212 |
(G) "Issuing authority" means any authority, commission, | 1213 |
body, agency, or individual empowered by the Ohio Constitution or | 1214 |
the Revised Code to issue bonds or any other debt obligation of | 1215 |
the state or any agency or department thereof. "Issuer" means the | 1216 |
issuing authority or, if so designated under division (B) of | 1217 |
section 3334.04 of the Revised Code, the treasurer of state. | 1218 |
(H) "Tuition" means the charges imposed to attend an | 1219 |
institution of higher education as an undergraduate, graduate, or | 1220 |
professional student and all fees required as a condition of | 1221 |
enrollment, as determined by the Ohio tuition trust authority. | 1222 |
"Tuition" does not include laboratory fees, room and board, or | 1223 |
other similar fees and charges. | 1224 |
(I) "Weighted average tuition" means the tuition cost | 1225 |
resulting from the following calculation: | 1226 |
(1) Add the products of the annual undergraduate tuition | 1227 |
charged to Ohio residents at each four-year state university | 1228 |
multiplied by that institution's total number of undergraduate | 1229 |
fiscal year equated students; and | 1230 |
(2) Divide the gross total of the products from division | 1231 |
(I)(1) of this section by the total number of undergraduate fiscal | 1232 |
year equated students attending four-year state universities. | 1233 |
When making this calculation, the "annual undergraduate | 1234 |
tuition charged to Ohio residents" shall not incorporate any | 1235 |
tuition reductions that vary in amount among individual recipients | 1236 |
and that are awarded to Ohio residents based upon their particular | 1237 |
circumstances, beyond any minimum amount awarded uniformly to all | 1238 |
Ohio residents. In addition, any tuition reductions awarded | 1239 |
uniformly to all Ohio residents shall be incorporated into this | 1240 |
calculation. | 1241 |
(J) "Zero-coupon bond" means a bond which has a stated | 1242 |
interest rate of zero per cent and on which no interest is payable | 1243 |
until the maturity or early redemption of the bond, and is offered | 1244 |
at a substantial discount from its original stated principal | 1245 |
amount. | 1246 |
(K) "State institution of higher education" includes the | 1247 |
state universities listed in section 3345.011 of the Revised Code, | 1248 |
community colleges created pursuant to Chapter 3354. of the | 1249 |
Revised Code, university branches created pursuant to Chapter | 1250 |
3355. of the Revised Code, technical colleges created pursuant to | 1251 |
Chapter 3357. of the Revised Code, state community colleges | 1252 |
created pursuant to Chapter 3358. of the Revised Code, and the | 1253 |
1254 | |
medical university. | 1255 |
(L) "Four-year state university" means those state | 1256 |
universities listed in section 3345.011 of the Revised Code. | 1257 |
(M) "Principal amount" refers to the initial offering price | 1258 |
to the public of an obligation, exclusive of the accrued interest, | 1259 |
if any. "Principal amount" does not refer to the aggregate | 1260 |
accreted amount payable at maturity or redemption of an | 1261 |
obligation. | 1262 |
(N) "Scholarship program" means a program registered with the | 1263 |
Ohio tuition trust authority pursuant to section 3334.17 of the | 1264 |
Revised Code. | 1265 |
(O) "Internal Revenue Code" means the "Internal Revenue Code | 1266 |
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended. | 1267 |
(P) "Other higher education expenses" means room and board | 1268 |
and books, supplies, equipment, and nontuition-related fees | 1269 |
associated with the cost of attendance of a beneficiary at an | 1270 |
institution of higher education, but only to the extent that such | 1271 |
expenses meet the definition of "qualified higher education | 1272 |
expenses" under section 529 of the Internal Revenue Code. "Other | 1273 |
higher education expenses" does not include tuition as defined in | 1274 |
division (H) of this section. | 1275 |
(Q) "Purchaser" means the person signing the tuition payment | 1276 |
contract, who controls the account and acquires tuition units for | 1277 |
an account under the terms and conditions of the contract. | 1278 |
(R) "Contributor" means a person who signs a variable college | 1279 |
savings program contract with the Ohio tuition trust authority and | 1280 |
contributes to and owns the account created under the contract. | 1281 |
(S) "Contribution" means any payment directly allocated to an | 1282 |
account for the benefit of the designated beneficiary of the | 1283 |
account. | 1284 |
Sec. 3345.04. (A) As used in this section, "felony" has the | 1285 |
same meaning as in section 109.511 of the Revised Code. | 1286 |
(B) Subject to division (C) of this section, the board of | 1287 |
trustees of a state university, the board of trustees of the | 1288 |
1289 | |
medical university, the board of trustees of a state community | 1290 |
college, and the board of trustees of a technical college or | 1291 |
community college district operating a technical or a community | 1292 |
college may designate one or more employees of the institution, as | 1293 |
a state university law enforcement officer, in accordance with | 1294 |
section 109.77 of the Revised Code, and, as state university law | 1295 |
enforcement officers, those employees shall take an oath of | 1296 |
office, wear the badge of office, serve as peace officers for the | 1297 |
college or university, and give bond to the state for the proper | 1298 |
and faithful discharge of their duties in the amount that the | 1299 |
board of trustees requires. | 1300 |
(C)(1) The board of trustees of an institution listed in | 1301 |
division (B) of this section shall not designate an employee of | 1302 |
the institution as a state university law enforcement officer | 1303 |
pursuant to that division on a permanent basis, on a temporary | 1304 |
basis, for a probationary term, or on other than a permanent basis | 1305 |
if the employee previously has been convicted of or has pleaded | 1306 |
guilty to a felony. | 1307 |
(2)(a) The board of trustees shall terminate the employment | 1308 |
as a state university law enforcement officer of an employee | 1309 |
designated as a state university law enforcement officer under | 1310 |
division (B) of this section if that employee does either of the | 1311 |
following: | 1312 |
(i) Pleads guilty to a felony; | 1313 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 1314 |
plea agreement as provided in division (D) of section 2929.43 of | 1315 |
the Revised Code in which the employee agrees to surrender the | 1316 |
certificate awarded to the employee under section 109.77 of the | 1317 |
Revised Code. | 1318 |
(b) The board of trustees shall suspend from employment as a | 1319 |
state university law enforcement officer an employee designated as | 1320 |
a state university law enforcement officer under division (B) of | 1321 |
this section if that employee is convicted, after trial, of a | 1322 |
felony. If the state university law enforcement officer files an | 1323 |
appeal from that conviction and the conviction is upheld by the | 1324 |
highest court to which the appeal is taken or if the state | 1325 |
university law enforcement officer does not file a timely appeal, | 1326 |
the board of trustees shall terminate the employment of that state | 1327 |
university law enforcement officer. If the state university law | 1328 |
enforcement officer files an appeal that results in that officer's | 1329 |
acquittal of the felony or conviction of a misdemeanor, or in the | 1330 |
dismissal of the felony charge against that officer, the board of | 1331 |
trustees shall reinstate that state university law enforcement | 1332 |
officer. A state university law enforcement officer who is | 1333 |
reinstated under division (C)(2)(b) of this section shall not | 1334 |
receive any back pay unless that officer's conviction of the | 1335 |
felony was reversed on appeal, or the felony charge was dismissed, | 1336 |
because the court found insufficient evidence to convict the | 1337 |
officer of the felony. | 1338 |
(3) Division (C) of this section does not apply regarding an | 1339 |
offense that was committed prior to January 1, 1997. | 1340 |
(4) The suspension from employment, or the termination of the | 1341 |
employment, of a state university law enforcement officer under | 1342 |
division (C)(2) of this section shall be in accordance with | 1343 |
Chapter 119. of the Revised Code. | 1344 |
Sec. 3345.12. (A) As used in this section and sections | 1345 |
3345.07 and 3345.11 of the Revised Code, in other sections of the | 1346 |
Revised Code that make reference to this section unless the | 1347 |
context does not permit, and in related bond proceedings unless | 1348 |
otherwise expressly provided: | 1349 |
(1) "State university or college" means each of the state | 1350 |
universities identified in section 3345.011 of the Revised Code | 1351 |
and the | 1352 |
1353 |
(2) "Institution of higher education" or "institution" means | 1354 |
a state university or college, or a community college district, | 1355 |
technical college district, university branch district, or state | 1356 |
community college, and includes the applicable board of trustees | 1357 |
or, in the case of a university branch district, any other | 1358 |
managing authority. | 1359 |
(3) "Housing and dining facilities" means buildings, | 1360 |
structures, and other improvements, and equipment, real estate, | 1361 |
and interests in real estate therefor, to be used for or in | 1362 |
connection with dormitories or other living quarters and | 1363 |
accommodations, or related dining halls or other food service and | 1364 |
preparation facilities, for students, members of the faculty, | 1365 |
officers, or employees of the institution of higher education, and | 1366 |
their spouses and families. | 1367 |
(4) "Auxiliary facilities" means buildings, structures, and | 1368 |
other improvements, and equipment, real estate, and interests in | 1369 |
real estate therefor, to be used for or in connection with student | 1370 |
activity or student service facilities, housing and dining | 1371 |
facilities, dining halls, and other food service and preparation | 1372 |
facilities, vehicular parking facilities, bookstores, athletic and | 1373 |
recreational facilities, faculty centers, auditoriums, assembly | 1374 |
and exhibition halls, hospitals, infirmaries and other medical and | 1375 |
health facilities, research, and continuing education facilities. | 1376 |
(5) "Education facilities" means buildings, structures, and | 1377 |
other improvements, and equipment, real estate, and interests in | 1378 |
real estate therefor, to be used for or in connection with, | 1379 |
classrooms or other instructional facilities, libraries, | 1380 |
administrative and office facilities, and other facilities, other | 1381 |
than auxiliary facilities, to be used directly or indirectly for | 1382 |
or in connection with the conduct of the institution of higher | 1383 |
education. | 1384 |
(6) "Facilities" means housing and dining facilities, | 1385 |
auxiliary facilities, or education facilities, and includes any | 1386 |
one, part of, or any combination of such facilities, and further | 1387 |
includes site improvements, utilities, machinery, furnishings, and | 1388 |
any separate or connected buildings, structures, improvements, | 1389 |
sites, open space and green space areas, utilities or equipment to | 1390 |
be used in, or in connection with the operation or maintenance of, | 1391 |
or supplementing or otherwise related to the services or | 1392 |
facilities to be provided by, such facilities. | 1393 |
(7) "Obligations" means bonds or notes or other evidences of | 1394 |
obligation, including interest coupons pertaining thereto, | 1395 |
authorized to be issued under this section or section 3345.07, | 1396 |
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised | 1397 |
Code. | 1398 |
(8) "Bond service charges" means principal, including any | 1399 |
mandatory sinking fund or redemption requirements for the | 1400 |
retirement of obligations or assurances, interest, or interest | 1401 |
equivalent and other accreted amounts, and any call premium | 1402 |
required to be paid on obligations or assurances. | 1403 |
(9) "Bond proceedings" means the resolutions, trust | 1404 |
agreement, indenture, and other agreements and credit enhancement | 1405 |
facilities, and amendments and supplements to the foregoing, or | 1406 |
any one or more or combination thereof, authorizing, awarding, or | 1407 |
providing for the terms and conditions applicable to, or providing | 1408 |
for the security or liquidity of, obligations or assurances, and | 1409 |
the provisions contained in those obligations or assurances. | 1410 |
(10) "Costs of facilities" means the costs of acquiring, | 1411 |
constructing, reconstructing, rehabilitating, remodeling, | 1412 |
renovating, enlarging, improving, equipping, or furnishing | 1413 |
facilities, and the financing thereof, including the cost of | 1414 |
clearance and preparation of the site and of any land to be used | 1415 |
in connection with facilities, the cost of any indemnity and | 1416 |
surety bonds and premiums on insurance, all related direct | 1417 |
administrative expenses and allocable portions of direct costs of | 1418 |
the institution of higher education or state agency, cost of | 1419 |
engineering, architectural services, design, plans, specifications | 1420 |
and surveys, estimates of cost, legal fees, fees and expenses of | 1421 |
trustees, depositories, bond registrars, and paying agents for the | 1422 |
obligations, cost of issuance of the obligations and financing | 1423 |
costs and fees and expenses of financial advisers and consultants | 1424 |
in connection therewith, interest on the obligations from the date | 1425 |
thereof to the time when interest is to be covered by available | 1426 |
receipts or other sources other than proceeds of the obligations, | 1427 |
amounts necessary to establish reserves as required by the bond | 1428 |
proceedings, costs of audits, the reimbursements of all moneys | 1429 |
advanced or applied by or borrowed from the institution or others, | 1430 |
from whatever source provided, including any temporary advances | 1431 |
from state appropriations, for the payment of any item or items of | 1432 |
cost of facilities, and all other expenses necessary or incident | 1433 |
to planning or determining feasibility or practicability with | 1434 |
respect to facilities, and such other expenses as may be necessary | 1435 |
or incident to the acquisition, construction, reconstruction, | 1436 |
rehabilitation, remodeling, renovation, enlargement, improvement, | 1437 |
equipment, and furnishing of facilities, the financing thereof and | 1438 |
the placing of them in use and operation, including any one, part | 1439 |
of, or combination of such classes of costs and expenses. | 1440 |
(11) "Available receipts" means all moneys received by the | 1441 |
institution of higher education, including income, revenues, and | 1442 |
receipts from the operation, ownership, or control of facilities | 1443 |
or entrepreneurial projects, grants, gifts, donations, and pledges | 1444 |
and receipts therefrom, receipts from fees and charges, and the | 1445 |
proceeds of the sale of obligations or assurances, including | 1446 |
proceeds of obligations or assurances issued to refund obligations | 1447 |
or assurances previously issued, but excluding any special fee, | 1448 |
and receipts therefrom, charged pursuant to division (D) of | 1449 |
section 154.21 of the Revised Code. | 1450 |
(12) "Credit enhancement facilities" has the meaning given in | 1451 |
division (H) of section 133.01 of the Revised Code. | 1452 |
(13) "Financing costs" has the meaning given in division (K) | 1453 |
of section 133.01 of the Revised Code. | 1454 |
(14) "Interest" or "interest equivalent" has the meaning | 1455 |
given in division (R) of section 133.01 of the Revised Code. | 1456 |
(15) "Assurances" means bonds, notes, or other evidence of | 1457 |
indebtedness, including interest coupons pertaining thereto, | 1458 |
authorized to be issued under section 3345.36 of the Revised Code. | 1459 |
(16) "Entrepreneurial project" has the same meaning as in | 1460 |
section 3345.36 of the Revised Code. | 1461 |
(17) "Costs of entrepreneurial projects" means any costs | 1462 |
related to the establishment or development of entrepreneurial | 1463 |
projects pursuant to a resolution adopted under section 3345.36 of | 1464 |
the Revised Code. | 1465 |
(B) Obligations issued under section 3345.07 or 3345.11 of | 1466 |
the Revised Code by a state university or college shall be | 1467 |
authorized by resolution of its board of trustees. Obligations | 1468 |
issued by any other institution of higher education shall be | 1469 |
authorized by resolution of its board of trustees, or managing | 1470 |
directors in the case of certain university branch districts, as | 1471 |
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code | 1472 |
apply to obligations and assurances. Obligations and assurances | 1473 |
may be issued to pay costs of facilities or entrepreneurial | 1474 |
projects even if the institution anticipates the possibility of a | 1475 |
future state appropriation to pay all or a portion of such costs. | 1476 |
(C) Obligations and assurances shall be secured by a pledge | 1477 |
of and lien on all or such part of the available receipts of the | 1478 |
institution of higher education as it provides for in the bond | 1479 |
proceedings, excluding moneys raised by taxation and state | 1480 |
appropriations except as permitted by section 3333.90 of the | 1481 |
Revised Code. Such pledge and lien may be made prior to all other | 1482 |
expenses, claims, or payments, excepting any pledge of such | 1483 |
available receipts previously made to the contrary and except as | 1484 |
provided by any existing restrictions on the use thereof, or such | 1485 |
pledge and lien may be made subordinate to such other expenses, | 1486 |
claims, or payments, as provided in the bond proceedings. | 1487 |
Obligations or assurances may be additionally secured by covenants | 1488 |
of the institution to make, fix, adjust, collect, and apply such | 1489 |
charges, rates, fees, rentals, and other items of available | 1490 |
receipts as will produce pledged available receipts sufficient to | 1491 |
meet bond service charges, reserve, and other requirements | 1492 |
provided for in the bond proceedings. Notwithstanding this and any | 1493 |
other sections of the Revised Code, the holders or owners of the | 1494 |
obligations or assurances shall not be given the right and shall | 1495 |
have no right to have excises or taxes levied by the general | 1496 |
assembly for the payment of bond service charges thereon, and each | 1497 |
such obligation or assurance shall bear on its face a statement to | 1498 |
that effect and to the effect that the right to such payment is | 1499 |
limited to the available receipts and special funds pledged to | 1500 |
such purpose under the bond proceedings. | 1501 |
All pledged available receipts and funds and the proceeds of | 1502 |
obligations or assurances are trust funds and, subject to the | 1503 |
provisions of this section and the applicable bond proceedings, | 1504 |
shall be held, deposited, invested, reinvested, disbursed, | 1505 |
applied, and used to such extent, in such manner, at such times, | 1506 |
and for such purposes, as are provided in the bond proceedings. | 1507 |
(D) The bond proceedings for obligations or assurances shall | 1508 |
provide for the purpose thereof and the principal amount or | 1509 |
maximum principal amount, and provide for or authorize the manner | 1510 |
of determining the principal maturity or maturities, the sale | 1511 |
price including any permitted discount, the interest rate or | 1512 |
rates, which may be a variable rate or rates, or the maximum | 1513 |
interest rate, the date of the obligations or assurances and the | 1514 |
date or dates of payment of interest thereon, their denominations, | 1515 |
the manner of sale thereof, and the establishment within or | 1516 |
without the state of a place or places of payment of bond service | 1517 |
charges. The bond proceedings also shall provide for a pledge of | 1518 |
and lien on available receipts of the institution of higher | 1519 |
education as provided in division (C) of this section, and a | 1520 |
pledge of and lien on such fund or funds provided in the bond | 1521 |
proceedings arising from available receipts, which pledges and | 1522 |
liens may provide for parity with obligations or assurances | 1523 |
theretofore or thereafter issued by the institution. The available | 1524 |
receipts so pledged and thereafter received by the institution and | 1525 |
the funds so pledged are immediately subject to the lien of such | 1526 |
pledge without any physical delivery thereof or further act, and | 1527 |
the lien of any such pledge is valid and binding against all | 1528 |
parties having claims of any kind against the institution, | 1529 |
irrespective of whether such parties have notice thereof, and | 1530 |
shall create a perfected security interest for all purposes of | 1531 |
Chapter 1309. of the Revised Code, without the necessity for | 1532 |
separation or delivery of funds or for the filing or recording of | 1533 |
the bond proceedings by which such pledge is created or any | 1534 |
certificate, statement, or other document with respect thereto; | 1535 |
and the pledge of such available receipts and funds shall be | 1536 |
effective and the money therefrom and thereof may be applied to | 1537 |
the purposes for which pledged without necessity for any act of | 1538 |
appropriation. | 1539 |
(E) The bond proceedings may contain additional provisions | 1540 |
customary or appropriate to the financing or to the obligations or | 1541 |
assurances or to particular obligations and assurances, including: | 1542 |
(1) The acquisition, construction, reconstruction, equipment, | 1543 |
furnishing, improvement, operation, alteration, enlargement, | 1544 |
maintenance, insurance, and repair of facilities or | 1545 |
entrepreneurial projects, and the duties of the institution of | 1546 |
higher education with reference thereto; | 1547 |
(2) The terms of the obligations or assurances, including | 1548 |
provisions for their redemption prior to maturity at the option of | 1549 |
the institution of higher education at such price or prices and | 1550 |
under such terms and conditions as are provided in the bond | 1551 |
proceedings; | 1552 |
(3) Limitations on the purposes to which the proceeds of the | 1553 |
obligations or assurances may be applied; | 1554 |
(4) The rates or rentals or other charges for the use of or | 1555 |
right to use the facilities or entrepreneurial projects financed | 1556 |
by the obligations or assurances, or other properties the revenues | 1557 |
or receipts from which are pledged to the obligations or | 1558 |
assurances, and rules for assuring any applicable use and | 1559 |
occupancy thereof, including limitations upon the right to modify | 1560 |
such rates, rentals, other charges, or regulations; | 1561 |
(5) The use and expenditure of the pledged available receipts | 1562 |
in such manner and to such extent as shall be determined, which | 1563 |
may include provision for the payment of the expenses of | 1564 |
operation, maintenance, and repair of facilities or | 1565 |
entrepreneurial projects so that such expenses, or part thereof, | 1566 |
shall be paid or provided as a charge prior or subsequent to the | 1567 |
payment of bond service charges and any other payments required to | 1568 |
be made by the bond proceedings; | 1569 |
(6) Limitations on the issuance of additional obligations or | 1570 |
assurances; | 1571 |
(7) The terms of any trust agreement or indenture securing | 1572 |
the obligations or assurances or under which the same may be | 1573 |
issued; | 1574 |
(8) The deposit, investment, and application of funds, and | 1575 |
the safeguarding of funds on hand or on deposit without regard to | 1576 |
Chapter 131. or 135. of the Revised Code, and any bank or trust | 1577 |
company or other financial institution that acts as depository of | 1578 |
any moneys under the bond proceedings shall furnish such | 1579 |
indemnifying bonds or pledge such securities as required by the | 1580 |
bond proceedings or otherwise by the institution of higher | 1581 |
education; | 1582 |
(9) The binding effect of any or every provision of the bond | 1583 |
proceedings upon such officer, board, commission, authority, | 1584 |
agency, department, or other person or body as may from time to | 1585 |
time have the authority under law to take such actions as may be | 1586 |
necessary to perform all or any part of the duty required by such | 1587 |
provision; | 1588 |
(10) Any provision that may be made in a trust agreement or | 1589 |
indenture; | 1590 |
(11) Any other or additional agreements with respect to the | 1591 |
facilities of the institution of higher education or its | 1592 |
entrepreneurial projects, their operation, the available receipts | 1593 |
and funds pledged, and insurance of facilities or entrepreneurial | 1594 |
projects and of the institution, its officers and employees. | 1595 |
(F) Such obligations or assurances may have the seal of the | 1596 |
institution of higher education or a facsimile thereof affixed | 1597 |
thereto or printed thereon and shall be executed by such officers | 1598 |
as are designated in the bond proceedings, which execution may be | 1599 |
by facsimile signatures. Any obligations or assurances may be | 1600 |
executed by an officer who, on the date of execution, is the | 1601 |
proper officer although on the date of such obligations or | 1602 |
assurances such person was not the proper officer. In case any | 1603 |
officer whose signature or a facsimile of whose signature appears | 1604 |
on any such obligation or assurance ceases to be such officer | 1605 |
before delivery thereof, such signature or facsimile is | 1606 |
nevertheless valid and sufficient for all purposes as if the | 1607 |
person had remained such officer until such delivery; and in case | 1608 |
the seal of the institution has been changed after a facsimile of | 1609 |
the seal has been imprinted on such obligations or assurances, | 1610 |
such facsimile seal continues to be sufficient as to such | 1611 |
obligations or assurances and obligations or assurances issued in | 1612 |
substitution or exchange therefor. | 1613 |
(G) All such obligations or assurances are negotiable | 1614 |
instruments and securities under Chapter 1308. of the Revised | 1615 |
Code, subject to the provisions of the bond proceedings as to | 1616 |
registration. The obligations or assurances may be issued in | 1617 |
coupon or in registered form, or both. Provision may be made for | 1618 |
the registration of any obligations or assurances with coupons | 1619 |
attached thereto as to principal alone or as to both principal and | 1620 |
interest, their exchange for obligations or assurances so | 1621 |
registered, and for the conversion or reconversion into | 1622 |
obligations or assurances with coupons attached thereto of any | 1623 |
obligations or assurances registered as to both principal and | 1624 |
interest, and for reasonable charges for such registration, | 1625 |
exchange, conversion, and reconversion. | 1626 |
(H) Pending preparation of definitive obligations or | 1627 |
assurances, the institution of higher education may issue interim | 1628 |
receipts or certificates which shall be exchanged for such | 1629 |
definitive obligations or assurances. | 1630 |
(I) Such obligations or assurances may be secured | 1631 |
additionally by a trust agreement or indenture between the | 1632 |
institution of higher education and a corporate trustee, which may | 1633 |
be any trust company or bank having the powers of a trust company | 1634 |
within or without this state but authorized to exercise trust | 1635 |
powers within this state. Any such agreement or indenture may | 1636 |
contain the resolution authorizing the issuance of the obligations | 1637 |
or assurances, any provisions that may be contained in the bond | 1638 |
proceedings as authorized by this section, and other provisions | 1639 |
which are customary or appropriate in an agreement or indenture of | 1640 |
such type, including: | 1641 |
(1) Maintenance of each pledge, trust agreement, and | 1642 |
indenture, or other instrument comprising part of the bond | 1643 |
proceedings until the institution of higher education has fully | 1644 |
paid the bond service charges on the obligations or assurances | 1645 |
secured thereby, or provision therefor has been made; | 1646 |
(2) In the event of default in any payments required to be | 1647 |
made by the bond proceedings, or any other agreement of the | 1648 |
institution of higher education made as a part of the contract | 1649 |
under which the obligations or assurances were issued, enforcement | 1650 |
of such payments or agreement by mandamus, the appointment of a | 1651 |
receiver, suit in equity, action at law, or any combination of the | 1652 |
foregoing; | 1653 |
(3) The rights and remedies of the holders of obligations or | 1654 |
assurances and of the trustee, and provisions for protecting and | 1655 |
enforcing them, including limitations on rights of individual | 1656 |
holders of obligations or assurances; | 1657 |
(4) The replacement of any obligations or assurances that | 1658 |
become mutilated or are destroyed, lost, or stolen; | 1659 |
(5) Such other provisions as the trustee and the institution | 1660 |
of higher education agree upon, including limitations, conditions, | 1661 |
or qualifications relating to any of the foregoing. | 1662 |
(J) Each duty of the institution of higher education and its | 1663 |
officers or employees, undertaken pursuant to the bond proceedings | 1664 |
or any related agreement or lease made under authority of law, is | 1665 |
hereby established as a duty of such institution, and of each such | 1666 |
officer or employee having authority to perform such duty, | 1667 |
specially enjoined by law resulting from an office, trust, or | 1668 |
station within the meaning of section 2731.01 of the Revised Code. | 1669 |
The persons who are at the time the members of the board of | 1670 |
trustees or the managing directors of the institution or its | 1671 |
officers or employees are not liable in their personal capacities | 1672 |
on such obligations or assurances, or lease, or other agreement of | 1673 |
the institution. | 1674 |
(K) The authority to issue obligations or assurances includes | 1675 |
authority to: | 1676 |
(1) Issue obligations or assurances in the form of bond | 1677 |
anticipation notes and to renew them from time to time by the | 1678 |
issuance of new notes. Such notes are payable solely from the | 1679 |
available receipts and funds that may be pledged to the payment of | 1680 |
such bonds, or from the proceeds of such bonds or renewal notes, | 1681 |
or both, as the institution of higher education provides in its | 1682 |
resolution authorizing such notes. Such notes may be additionally | 1683 |
secured by covenants of the institution to the effect that it will | 1684 |
do such or all things necessary for the issuance of such bonds or | 1685 |
renewal notes in appropriate amount, and either exchange such | 1686 |
bonds or renewal notes therefor or apply the proceeds thereof to | 1687 |
the extent necessary, to make full payment of the bond service | 1688 |
charges on such notes at the time or times contemplated, as | 1689 |
provided in such resolution. Subject to the provisions of this | 1690 |
division, all references to obligations or assurances in this | 1691 |
section apply to such anticipation notes. | 1692 |
(2) Issue obligations or assurances to refund, including | 1693 |
funding and retirement of, obligations or assurances previously | 1694 |
issued to pay costs of facilities or entrepreneurial projects. | 1695 |
Such obligations or assurances may be issued in amounts sufficient | 1696 |
for payment of the principal amount of the obligations or | 1697 |
assurances to be so refunded, any redemption premiums thereon, | 1698 |
principal maturities of any obligations or assurances maturing | 1699 |
prior to the redemption of any other obligations or assurances on | 1700 |
a parity therewith to be so refunded, interest accrued or to | 1701 |
accrue to the maturity date or dates of redemption of such | 1702 |
obligations or assurances, and any expenses incurred or to be | 1703 |
incurred in connection with such refunding or the issuance of the | 1704 |
obligations or assurances. | 1705 |
(L) Obligations and assurances are lawful investments for | 1706 |
banks, societies for savings, savings and loan associations, | 1707 |
deposit guarantee associations, trust companies, trustees, | 1708 |
fiduciaries, insurance companies, including domestic for life and | 1709 |
domestic not for life, trustees or other officers having charge of | 1710 |
sinking and bond retirement or other special funds of political | 1711 |
subdivisions and taxing districts of this state, the commissioners | 1712 |
of the sinking fund, the administrator of workers' compensation in | 1713 |
accordance with the investment policy approved by the bureau of | 1714 |
workers' compensation board of directors pursuant to section | 1715 |
4121.12 of the Revised Code, the state teachers retirement system, | 1716 |
the public employees retirement system, the school employees | 1717 |
retirement system, and the Ohio police and fire pension fund, | 1718 |
notwithstanding any other provisions of the Revised Code or rules | 1719 |
adopted pursuant thereto by any state agency with respect to | 1720 |
investments by them, and are also acceptable as security for the | 1721 |
deposit of public moneys. | 1722 |
(M) All facilities or entrepreneurial projects purchased, | 1723 |
acquired, constructed, or owned by an institution of higher | 1724 |
education, or financed in whole or in part by obligations or | 1725 |
assurances issued by an institution, and used for the purposes of | 1726 |
the institution or other publicly owned and controlled college or | 1727 |
university, is public property used exclusively for a public | 1728 |
purpose, and such property and the income therefrom is exempt from | 1729 |
all taxation and assessment within this state, including ad | 1730 |
valorem and excise taxes. The obligations or assurances, the | 1731 |
transfer thereof, and the income therefrom, including any profit | 1732 |
made on the sale thereof, are at all times free from taxation | 1733 |
within the state. The transfer of tangible personal property by | 1734 |
lease under authority of this section or section 3345.07, 3345.11, | 1735 |
3345.36, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised | 1736 |
Code is not a sale as used in Chapter 5739. of the Revised Code. | 1737 |
(N) The authority granted by this section is cumulative with | 1738 |
the authority granted to institutions of higher education under | 1739 |
Chapter 154. of the Revised Code, and nothing in this section | 1740 |
impairs or limits the authority granted by Chapter 154. of the | 1741 |
Revised Code. In any lease, agreement, or commitment made by an | 1742 |
institution of higher education under Chapter 154. of the Revised | 1743 |
Code, it may agree to restrict or subordinate any pledge it may | 1744 |
thereafter make under authority of this section. | 1745 |
(O) Title to lands acquired under this section and sections | 1746 |
3345.07 and 3345.11 of the Revised Code by a state university or | 1747 |
college shall be taken in the name of the state. | 1748 |
(P) Except where costs of facilities or entrepreneurial | 1749 |
projects are to be paid in whole or in part from funds | 1750 |
appropriated by the general assembly, section 125.81 of the | 1751 |
Revised Code and the requirement for certification with respect | 1752 |
thereto under section 153.04 of the Revised Code do not apply to | 1753 |
such facilities or entrepreneurial projects. | 1754 |
(Q) A state university or college may sell or lease lands or | 1755 |
interests in land owned by it or by the state for its use, or | 1756 |
facilities authorized to be acquired or constructed by it under | 1757 |
section 3345.07 or 3345.11 of the Revised Code, to permit the | 1758 |
purchasers or lessees thereof to acquire, construct, equip, | 1759 |
furnish, reconstruct, alter, enlarge, remodel, renovate, | 1760 |
rehabilitate, improve, maintain, repair, or maintain and operate | 1761 |
thereon and to provide by lease or otherwise to such institution, | 1762 |
facilities authorized in section 3345.07 or 3345.11 of the Revised | 1763 |
Code or entrepreneurial projects authorized under section 3345.36 | 1764 |
of the Revised Code. Such land or interests therein shall be sold | 1765 |
for such appraised value, or leased, and on such terms as the | 1766 |
board of trustees determines. All deeds or other instruments | 1767 |
relating to such sales or leases shall be executed by such officer | 1768 |
of the state university or college as the board of trustees | 1769 |
designates. The state university or college shall hold, invest, or | 1770 |
use the proceeds of such sales or leases for the same purposes for | 1771 |
which proceeds of borrowings may be used under sections 3345.07 | 1772 |
and 3345.11 of the Revised Code or, if the proceeds relate to the | 1773 |
sale or lease of entrepreneurial projects, for purposes of section | 1774 |
3345.36 of the Revised Code. | 1775 |
(R) An institution of higher education may pledge available | 1776 |
receipts, to the extent permitted by division (C) of this section | 1777 |
with respect to obligations, to secure the payments to be made by | 1778 |
it under any lease, lease with option to purchase, or | 1779 |
lease-purchase agreement authorized under this section or section | 1780 |
3345.07, 3345.11, 3345.36, 3354.121, 3355.091, 3357.112, or | 1781 |
3358.10 of the Revised Code. | 1782 |
Sec. 3345.121. As used in this section: | 1783 |
(A) "Board of trustees" means the board of trustees of a | 1784 |
state university, university housing commission, state medical | 1785 |
1786 | |
district, technical college district, or state community college. | 1787 |
(B) "Political subdivision" means a municipal corporation, | 1788 |
county, or township. | 1789 |
(C) "Institution" means all real property owned or leased by | 1790 |
a board of trustees. If a board owns or leases two or more parcels | 1791 |
of real property that are not contiguous to any other such real | 1792 |
property, institution includes only that group of parcels that | 1793 |
includes the parcel on which the educational facility is or is to | 1794 |
be located. | 1795 |
(D) "Educational facility" means any building, structure, | 1796 |
facility, utility, improvement, site, or other interest in real | 1797 |
estate, together with any appurtenance necessary or convenient to | 1798 |
the uses thereof, to be used for or in connection with the conduct | 1799 |
or operation of an educational institution. Educational facilities | 1800 |
include, but are not limited to, classrooms and other | 1801 |
instructional facilities, laboratories, research facilities, | 1802 |
libraries, study facilities, administrative and office facilities, | 1803 |
museums, gymnasiums, campus walks, drives, and site improvements, | 1804 |
streets, roads, bridges, dormitories and other suitable living | 1805 |
quarters or accommodations, dining halls and other food service | 1806 |
and preparation facilities, student services or activity | 1807 |
facilities, physical education, athletic and recreational | 1808 |
facilities, theatres, auditoriums, assembly and exhibition halls, | 1809 |
greenhouses, agricultural buildings and facilities, parking, | 1810 |
storage, and maintenance facilities, infirmary, hospital, medical, | 1811 |
and health facilities, continuing education facilities, | 1812 |
communications, fire prevention, and fire fighting facilities, and | 1813 |
any one, part of, or combination of the foregoing, whether or not | 1814 |
comprising part of one building, structure, or facility. | 1815 |
(E) "Capital facilities" means buildings, structures, and | 1816 |
other improvements, equipment, real estate, and interests in real | 1817 |
estate within this state, and any one, part of, or combination of | 1818 |
the foregoing, to serve the general purposes for which the | 1819 |
political subdivision is authorized to issue obligations pursuant | 1820 |
to Chapter 133. of the Revised Code, including, but not limited | 1821 |
to, drives, roadways, parking facilities, walks, lighting, | 1822 |
machinery, furnishings, utilities, landscaping, wharves, docks, | 1823 |
piers, reservoirs, dams, tunnels, bridges, retaining walls, | 1824 |
riprap, culverts, ditches, channels, watercourses, retention | 1825 |
basins, standpipes and water storage facilities, waste treatment | 1826 |
and disposal facilities, heating, air conditioning, and | 1827 |
communications facilities, and site improvements. | 1828 |
(F) "Cost of capital facilities" means the costs of | 1829 |
acquiring, constructing, reconstructing, rehabilitating, | 1830 |
remodeling, renovating, enlarging, improving, equipping, or | 1831 |
furnishing capital facilities, and the financing thereof, | 1832 |
including the cost of clearance and preparation of the site and of | 1833 |
any land to be used in connection with capital facilities, the | 1834 |
cost of any indemnity and surety bonds and premiums on insurance, | 1835 |
all related direct administrative expenses and allocable portions | 1836 |
of direct costs of the facilities, cost of engineering and | 1837 |
architectural services, designs, plans, specifications, surveys, | 1838 |
and estimates of cost, legal fees, fees and expenses of trustees, | 1839 |
depositories, and paying agents for the obligations, cost of | 1840 |
issuance of the obligations and financing charges and fees and | 1841 |
expenses of financial advisers and consultants in connection | 1842 |
therewith, interest on obligations from the date thereof to the | 1843 |
time when interest is to be covered from sources other than | 1844 |
proceeds of obligations, amounts necessary to establish reserves | 1845 |
as required by the bond proceedings, costs of audits, the | 1846 |
reimbursement of all moneys advanced or applied by or borrowed | 1847 |
from any governmental agency, from whatever source provided, for | 1848 |
the payment of any items of cost of the capital facilities, and | 1849 |
all other expenses necessary or incident to planning or | 1850 |
determining feasibility or practicability with respect to capital | 1851 |
facilities, and such other expenses as may be necessary or | 1852 |
incident to the acquisition, construction, reconstruction, | 1853 |
rehabilitation, remodeling, renovation, enlargement, improvement, | 1854 |
equipment, and furnishing of capital facilities, the financing | 1855 |
thereof, and the placing of the same in use and operation, | 1856 |
including any one, part of, or combination of such classes of | 1857 |
costs and expenses. | 1858 |
(G) "Legislative authority" means, in the case of a municipal | 1859 |
corporation, its legislative authority; in the case of a township, | 1860 |
its board of trustees; and in the case of a county, its board of | 1861 |
commissioners. | 1862 |
Not later than the ninetieth day after the effective date of | 1863 |
an initial appropriation by the general assembly for the | 1864 |
construction or renovation of an educational facility that exceeds | 1865 |
one hundred thousand dollars, the board of trustees of the | 1866 |
institution receiving the appropriation shall, by certified mail, | 1867 |
return receipt requested, submit to the legislative authority of | 1868 |
each political subdivision within which the institution is located | 1869 |
or to which it is contiguous, a written notice of the board's | 1870 |
intention to proceed with such construction or renovation. This | 1871 |
notice shall include a description of the construction or | 1872 |
renovation, the estimated date for opening bids therefor, and the | 1873 |
estimated date of the completion of the construction or | 1874 |
renovation. | 1875 |
Not later than the sixtieth day after it receives the notice, | 1876 |
the legislative authority may, by certified mail, return receipt | 1877 |
requested, forward its comments or objections on the proposed | 1878 |
construction or renovation to the board, which shall include, but | 1879 |
need not be limited to, a description of any capital facilities it | 1880 |
determines the political subdivision will be required to make as a | 1881 |
direct or indirect consequence of the construction or renovation | 1882 |
and the estimated costs of such capital facilities. The board | 1883 |
shall not advertise for bids for the construction or renovation | 1884 |
until it has received comments or objections from the legislative | 1885 |
authority or until sixty days have elapsed since the legislative | 1886 |
authority received the notice, whichever is earlier. The board | 1887 |
shall maintain as part of its permanent records, any comments or | 1888 |
objections received from the legislative authority and any action | 1889 |
taken by the board with respect to such comments or objections. | 1890 |
Sec. 3345.17. All property, personal, real, or mixed of the | 1891 |
boards of trustees and of the housing commissions of the state | 1892 |
universities, the | 1893 |
1894 | |
and benefit of any such institution, which is used for the support | 1895 |
of such institution, is exempt from taxation so long as such | 1896 |
property is used for the support of such university | 1897 |
Sec. 3345.201. The board of trustees of a state college or | 1898 |
university which operates a clinical teaching or research hospital | 1899 |
or ambulatory facility may purchase liability insurance for the | 1900 |
agents, employees, students, nurses, interns, and resident | 1901 |
physicians of such hospital against all liability arising from | 1902 |
their performance of services on behalf of such hospital or | 1903 |
facility. | 1904 |
The boards of trustees of the | 1905 |
1906 | |
university, and the Wright state university if they provide | 1907 |
clinical instruction programs in the facilities of a hospital not | 1908 |
operated by the | 1909 |
insurance for agents, employees, students, nurses, interns, and | 1910 |
resident physicians performing services in relation to such | 1911 |
hospital against all liability arising from their performance of | 1912 |
services on behalf of such | 1913 |
Such insurance may be provided by one or more insurance | 1914 |
policies. | 1915 |
Sec. 3345.28. The board of trustees of any state university, | 1916 |
1917 | |
community college, community college, or the board of trustees or | 1918 |
managing authority of any university branch may establish and | 1919 |
administer a faculty improvement program, under which any | 1920 |
full-time faculty member with at least seven academic years of | 1921 |
teaching service at the college, university, or branch may be | 1922 |
granted professional leave for a period not to exceed one academic | 1923 |
year to engage in further education, research, or any other | 1924 |
purpose approved by the board. A board of trustees or managing | 1925 |
authority that establishes such a program shall, by rule, adopt a | 1926 |
definition of "academic years of teaching service" and of | 1927 |
"full-time faculty member." | 1928 |
No such board or authority shall pay any faculty member for | 1929 |
or during a period of professional leave any salary exceeding the | 1930 |
amount that would have been paid to such faculty member for | 1931 |
performing | 1932 |
period of the leave. No faculty member shall, by virtue of being | 1933 |
on professional leave, suffer a reduction or termination of | 1934 |
the faculty member's regular employee retirement or insurance | 1935 |
benefits or of any other benefit or privilege | 1936 |
received as a faculty member at the college, university, or branch | 1937 |
where | 1938 |
would be reduced because of a reduction in the faculty member's | 1939 |
salary during the period of professional leave, the faculty member | 1940 |
shall be given a chance to have the benefit increased to its | 1941 |
normal level, in accordance with rules adopted by the board of | 1942 |
trustees or the managing authority. A faculty member who has been | 1943 |
granted professional leave shall complete another seven years of | 1944 |
service at the college, university, or branch at which | 1945 |
faculty member is employed before | 1946 |
another grant of professional leave at that college, university, | 1947 |
or branch. Professional leave taken as part of a faculty | 1948 |
improvement program established under this section shall not be | 1949 |
deemed to be in lieu of released time or assigned duty in | 1950 |
connection with a specific research, scholarly, or creative | 1951 |
program. | 1952 |
Boards of trustees and managing authorities may accept moneys | 1953 |
from any person, political subdivision, or the federal government | 1954 |
to support a faculty improvement program, and may establish such | 1955 |
additional rules as are necessary to establish and administer it. | 1956 |
Each grant of professional leave shall be in accordance with | 1957 |
a professional improvement policy for professional leaves that has | 1958 |
been approved by the board of trustees or the managing authority. | 1959 |
No professional leave shall be granted that requires a | 1960 |
compensating addition to the permanent faculty or staff of the | 1961 |
college, university, or branch. No professional leave shall be | 1962 |
approved unless a specific plan for the professional improvement | 1963 |
of the faculty member while on leave has been submitted to and | 1964 |
accepted by the president of the university, college, or branch. | 1965 |
At the completion of the leave, the faculty member shall submit to | 1966 |
the president a report detailing the attainments of the faculty | 1967 |
member under this professional improvement plan. | 1968 |
Not later than the thirtieth day of June of each year, the | 1969 |
chancellor of the board of regents shall report to the | 1970 |
chairpersons of the education committees of the house of | 1971 |
representatives and the senate on the status of implementation of | 1972 |
faculty improvement programs. The report shall include, but need | 1973 |
not be limited to, the following: the number of professional leave | 1974 |
grants made by each institution; the purpose of each professional | 1975 |
leave; and a statement of the cost to the institution of each | 1976 |
professional leave, to the extent that such cost exceeds the | 1977 |
salary of the faculty member on professional leave. | 1978 |
Sec. 3345.281. As used in this section, "teaching assistant" | 1979 |
means a student enrolled full-time or part-time in a graduate | 1980 |
degree program at an educational institution for which the student | 1981 |
has received an appointment to provide classroom-related services. | 1982 |
The board of trustees of each state university, | 1983 |
1984 | |
college, community college, and the board of trustees or managing | 1985 |
authority of each university branch shall establish a program to | 1986 |
assess the oral English language proficiency of all teaching | 1987 |
assistants providing classroom instruction to students and shall | 1988 |
ensure that teaching assistants who are not orally proficient in | 1989 |
the English language attain such proficiency prior to providing | 1990 |
classroom instruction to students. | 1991 |
Sec. 3345.31. The boards of trustees of a state university, | 1992 |
the board of trustees of the | 1993 |
1994 | |
trustees of a technical college or community college district, and | 1995 |
the board of control of the Ohio agricultural research and | 1996 |
development center may establish compensation plans, including | 1997 |
schedules of hourly rates, for the compensation of all employees | 1998 |
and may establish rules or policies for the administration of | 1999 |
their respective compensation plans. | 2000 |
The provisions of this section do not apply to employees for | 2001 |
whom the state employment relations board establishes appropriate | 2002 |
bargaining units pursuant to section 4117.06 of the Revised Code. | 2003 |
Sec. 3345.32. (A) As used in this section: | 2004 |
(1) "State university or college" means the institutions | 2005 |
described in section 3345.27 of the Revised Code and the | 2006 |
2007 | |
medical university. | 2008 |
(2) "Resident" has the meaning specified by rule of the | 2009 |
chancellor of the Ohio board of regents. | 2010 |
(3) "Statement of selective service status" means a statement | 2011 |
certifying one of the following: | 2012 |
(a) That the individual filing the statement has registered | 2013 |
with the selective service system in accordance with the "Military | 2014 |
Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as | 2015 |
amended; | 2016 |
(b) That the individual filing the statement is not required | 2017 |
to register with the selective service for one of the following | 2018 |
reasons: | 2019 |
(i) The individual is under eighteen or over twenty-six years | 2020 |
of age. | 2021 |
(ii) The individual is on active duty with the armed forces | 2022 |
of the United States other than for training in a reserve or | 2023 |
national guard unit. | 2024 |
(iii) The individual is a nonimmigrant alien lawfully in the | 2025 |
United States in accordance with section 101 (a)(15) of the | 2026 |
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended. | 2027 |
(iv) The individual is not a citizen of the United States and | 2028 |
is a permanent resident of the Trust Territory of the Pacific | 2029 |
Islands or the Northern Mariana Islands. | 2030 |
(4) "Institution of higher education" means any eligible | 2031 |
institution approved by the United States department of education | 2032 |
pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as | 2033 |
amended, or any institution whose students are eligible for | 2034 |
financial assistance under any of the programs described by | 2035 |
division (E) of this section. | 2036 |
(B) The chancellor shall, by rule, specify the form of | 2037 |
statements of selective service status to be filed in compliance | 2038 |
with divisions (C) to | 2039 |
selective service status shall contain a section wherein a male | 2040 |
student born after December 31, 1959, certifies that the student | 2041 |
has registered with the selective service system in accordance | 2042 |
with the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. | 2043 |
App. 453, as amended. For those students not required to register | 2044 |
with the selective service, as specified in divisions (A)(2)(b)(i) | 2045 |
to (iv) of this section, a section shall be provided on the | 2046 |
statement of selective service status for the certification of | 2047 |
nonregistration and for an explanation of the reason for the | 2048 |
exemption. The chancellor may require that such statements be | 2049 |
accompanied by documentation specified by rule of the chancellor. | 2050 |
(C) A state university or college that enrolls in any course, | 2051 |
class, or program a male student born after December 31, 1959, who | 2052 |
has not filed a statement of selective service status with the | 2053 |
university or college shall, regardless of the student's | 2054 |
residency, charge the student any tuition surcharge charged | 2055 |
students who are not residents of this state. | 2056 |
(D) No male born after December 31, 1959, shall be eligible | 2057 |
to receive any loan, grant, scholarship, or other financial | 2058 |
assistance for educational expenses granted under section 3315.33, | 2059 |
3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.391, 5910.03, | 2060 |
5910.032, or 5919.34 of the Revised Code, financed by an award | 2061 |
under the choose Ohio first scholarship program established under | 2062 |
section 3333.61 of the Revised Code, or financed by an award under | 2063 |
the Ohio co-op/internship program established under section | 2064 |
3333.72 of the Revised Code, unless that person has filed a | 2065 |
statement of selective service status with that person's | 2066 |
institution of higher education. | 2067 |
(E) If an institution of higher education receives a | 2068 |
statement from an individual certifying that the individual has | 2069 |
registered with the selective service system in accordance with | 2070 |
the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App. | 2071 |
453, as amended or that the individual is exempt from registration | 2072 |
for a reason other than that the individual is under eighteen | 2073 |
years of age, the institution shall not require the individual to | 2074 |
file any further statements. If it receives a statement certifying | 2075 |
that the individual is not required to register because the | 2076 |
individual is under eighteen years of age, the institution shall | 2077 |
require the individual to file a new statement of selective | 2078 |
service status each time the individual seeks to enroll for a new | 2079 |
academic term or makes application for a new loan or loan | 2080 |
guarantee or for any form of financial assistance for educational | 2081 |
expenses, until it receives a statement certifying that the | 2082 |
individual has registered with the selective service system or is | 2083 |
exempt from registration for a reason other than that the | 2084 |
individual is under eighteen years of age. | 2085 |
Sec. 3345.34. (A) No student trustee of a state university | 2086 |
or the | 2087 |
2088 | |
any grade or other evaluation of the student trustee's performance | 2089 |
made by a member of the faculty or other employee of the | 2090 |
university | 2091 |
(B) No member of the faculty or other employee of a state | 2092 |
university or the | 2093 |
2094 | |
preference, or other benefit on a student trustee because of the | 2095 |
student's trusteeship. | 2096 |
Sec. 3345.50. Notwithstanding anything to the contrary in | 2097 |
sections 123.01 and 123.15 of the Revised Code, a state | 2098 |
university, a state community college, or the
| 2099 |
northeast Ohio | 2100 |
not certified pursuant to section 123.17 of the Revised Code may | 2101 |
administer any capital facilities project for the construction, | 2102 |
reconstruction, improvement, renovation, enlargement, or | 2103 |
alteration of a public improvement under its jurisdiction for | 2104 |
which the total amount of funds expected to be appropriated by the | 2105 |
general assembly does not exceed four million dollars without the | 2106 |
supervision, control, or approval of the department of | 2107 |
administrative services as specified in those sections, if both of | 2108 |
the following occur: | 2109 |
(A) Within sixty days after the effective date of the section | 2110 |
of an act in which the general assembly initially makes an | 2111 |
appropriation for the project, the board of trustees of the | 2112 |
institution notifies the chancellor of the Ohio board of regents | 2113 |
in writing of its intent to administer the capital facilities | 2114 |
project; | 2115 |
(B) The board of trustees complies with the guidelines | 2116 |
established pursuant to section 153.16 of the Revised Code and all | 2117 |
laws that govern the selection of consultants, preparation and | 2118 |
approval of contract documents, receipt of bids, and award of | 2119 |
contracts with respect to the project. | 2120 |
The | 2121 |
accordance with Chapter 119. of the Revised Code that establish | 2122 |
criteria for the administration by any such institution of higher | 2123 |
education of a capital facilities project for which the total | 2124 |
amount of funds expected to be appropriated by the general | 2125 |
assembly exceeds four million dollars. The criteria, to be | 2126 |
developed with the department of administrative services and | 2127 |
higher education representatives selected by the | 2128 |
chancellor, shall include such matters as the adequacy of the | 2129 |
staffing levels and expertise needed for the institution to | 2130 |
administer the project, past performance of the institution in | 2131 |
administering such projects, and the amount of institutional or | 2132 |
other nonstate money to be used in financing the project. The | 2133 |
2134 | |
services shall approve the request of any such institution of | 2135 |
higher education that seeks to administer any such capital | 2136 |
facilities project and meets the criteria set forth in the rules | 2137 |
and in the requirements of division (B) of this section. | 2138 |
Sec. 3345.51. (A) Notwithstanding anything to the contrary | 2139 |
in sections 123.01 and 123.15 of the Revised Code, a state | 2140 |
university, the
| 2141 |
2142 | |
administer any capital facilities project for the construction, | 2143 |
reconstruction, improvement, renovation, enlargement, or | 2144 |
alteration of a public improvement under its jurisdiction for | 2145 |
which funds are appropriated by the general assembly without the | 2146 |
supervision, control, or approval of the department of | 2147 |
administrative services as specified in those sections, if all of | 2148 |
the following occur: | 2149 |
(1) The institution is certified by the state architect under | 2150 |
section 123.17 of the Revised Code; | 2151 |
(2) Within sixty days after the effective date of the section | 2152 |
of an act in which the general assembly initially makes an | 2153 |
appropriation for the project, the board of trustees of the | 2154 |
institution notifies the chancellor of the Ohio board of regents | 2155 |
in writing of its request to administer the capital facilities | 2156 |
project and the | 2157 |
pursuant to division (B) of this section; | 2158 |
(3) The board of trustees passes a resolution stating its | 2159 |
intent to comply with section 153.13 of the Revised Code and the | 2160 |
guidelines established pursuant to section 153.16 of the Revised | 2161 |
Code and all laws that govern the selection of consultants, | 2162 |
preparation and approval of contract documents, receipt of bids, | 2163 |
and award of contracts with respect to the project. | 2164 |
(B) The | 2165 |
accordance with Chapter 119. of the Revised Code that establish | 2166 |
criteria for the administration by any such institution of higher | 2167 |
education of a capital facilities project for which the general | 2168 |
assembly appropriates funds. The criteria, to be developed with | 2169 |
the department of administrative services and higher education | 2170 |
representatives selected by the | 2171 |
include such matters as the adequacy of the staffing levels and | 2172 |
expertise needed for the institution to administer the project, | 2173 |
past performance of the institution in administering such | 2174 |
projects, and the amount of institutional or other nonstate money | 2175 |
to be used in financing the project. The | 2176 |
chancellor shall approve the request of any such institution of | 2177 |
higher education that seeks to administer any such capital | 2178 |
facilities project and meets the criteria set forth in the rules | 2179 |
and the requirements of division (A) of this section. | 2180 |
(C) Any institution that administers a capital facilities | 2181 |
project under this section shall conduct biennial audits for the | 2182 |
duration of the project to ensure that the institution is | 2183 |
complying with Chapters 9., 123., and 153. of the Revised Code and | 2184 |
that the institution is using its certification issued under | 2185 |
section 123.17 of the Revised Code appropriately. The | 2186 |
2187 | |
representatives selected by the | 2188 |
rules in accordance with Chapter 119. of the Revised Code that | 2189 |
establish criteria for the conduct of the audits. The criteria | 2190 |
shall include documentation necessary to determine compliance with | 2191 |
Chapters 9., 123., and 153. of the Revised Code and a method to | 2192 |
determine whether an institution is using its certification issued | 2193 |
under section 123.17 of the Revised Code appropriately. | 2194 |
(D) The | 2195 |
higher education representatives selected by the | 2196 |
shall adopt rules in accordance with Chapter 119. of the Revised | 2197 |
Code establishing criteria for monitoring capital facilities | 2198 |
projects administered by institutions under this section. The | 2199 |
criteria shall include the following: | 2200 |
(1) Conditions under which the | 2201 |
may revoke the authority of an institution to administer a capital | 2202 |
facilities project under this section, including the failure of an | 2203 |
institution to maintain a sufficient number of employees who have | 2204 |
successfully completed the certification program under section | 2205 |
123.17 of the Revised Code; | 2206 |
(2) A process for institutions to remedy any problems found | 2207 |
by an audit conducted pursuant to division (C) of this section, | 2208 |
including the improper use of state funds or violations of Chapter | 2209 |
9., 123., or 153. of the Revised Code. | 2210 |
(E) If the | 2211 |
institution's authority to administer a capital facilities | 2212 |
project, the department of administrative services shall | 2213 |
administer the capital facilities project. The | 2214 |
chancellor also may require an institution, for which the | 2215 |
chancellor revoked authority to administer a capital facilities | 2216 |
project, to acquire a new local administration competency | 2217 |
certification pursuant to section 123.17 of the Revised Code. | 2218 |
Sec. 3345.71. As used in sections 3345.72 to 3345.77 of the | 2219 |
Revised Code: | 2220 |
(A) "State university or college" means any state university | 2221 |
listed in section 3345.011 of the Revised Code, the | 2222 |
northeast Ohio | 2223 |
university, any community college under Chapter 3354. of the | 2224 |
Revised Code, any technical college under Chapter 3357. of the | 2225 |
Revised Code, and any state community college under Chapter 3358. | 2226 |
of the Revised Code. | 2227 |
(B) "Fiscal watch" means the existence of a fiscal watch | 2228 |
declared under section 3345.72 of the Revised Code. | 2229 |
Sec. 3350.10. (A) There is hereby created the | 2230 |
northeast Ohio | 2231 |
university. The principal goal of the | 2232 |
shall be to collaborate with the university of Akron, Cleveland | 2233 |
state university, Kent state university, and Youngstown state | 2234 |
university to graduate physicians oriented to the practice of | 2235 |
medicine at the community level, especially family physicians. To | 2236 |
accomplish this goal, the | 2237 |
incorporate in the clinical experience provided its students the | 2238 |
several community hospitals in the cities and areas served by the | 2239 |
2240 | |
teachers; and to the fullest extent possible utilize the basic | 2241 |
science capabilities of the university of Akron, Cleveland state | 2242 |
university, Kent state university, and Youngstown state | 2243 |
university. | 2244 |
(1) Until | 2245 |
2246 | |
northeast Ohio medical university is vested in a nine-member board | 2247 |
of trustees consisting of the presidents of the university of | 2248 |
Akron, Kent state university, and Youngstown state university; one | 2249 |
member each of the boards of trustees of the university of Akron, | 2250 |
Kent state university, and Youngstown state university, to be | 2251 |
appointed by their respective boards of trustees for a term of six | 2252 |
years ending on the first day of May or until the trustee's term | 2253 |
on the respective university board of trustees expires, whichever | 2254 |
occurs first; and one person each to be appointed by the boards of | 2255 |
trustees of the university of Akron, Kent state university, and | 2256 |
Youngstown state university, for a term of nine years ending on | 2257 |
the first day of May; except that the term of those first | 2258 |
appointed by the several boards of trustees shall expire on the | 2259 |
first day of May next following their appointment. Vacancies shall | 2260 |
be filled for the unexpired term in the manner provided for | 2261 |
original appointment. The trustees shall receive no compensation | 2262 |
for their services but shall be paid their reasonable necessary | 2263 |
expenses while engaged in the discharge of their official duties. | 2264 |
A majority of the board constitutes a quorum. | 2265 |
(2) Beginning | 2266 |
2267 | |
northeast Ohio medical university is vested in a board of eleven | 2268 |
trustees, who shall be appointed by the governor, with the advice | 2269 |
and consent of the senate. Two of the trustees shall be current | 2270 |
students of the | 2271 |
and terms shall be in accordance with division (B) of this | 2272 |
section. Except as provided in division (A)(3) of this section and | 2273 |
except for the student members, terms of office shall be for nine | 2274 |
years. Each trustee shall hold office from the date of appointment | 2275 |
until the end of the term for which the trustee was appointed. Any | 2276 |
trustee appointed to fill a vacancy occurring prior to the | 2277 |
expiration of the term for which the trustee's predecessor was | 2278 |
appointed shall hold office for the remainder of such term. Any | 2279 |
trustee shall continue in office subsequent to the expiration date | 2280 |
of the trustee's term until the trustee's successor takes office, | 2281 |
or until a period of sixty days has elapsed, whichever occurs | 2282 |
first. No person who has served a full nine-year term or more than | 2283 |
six years of such a term shall be eligible for reappointment until | 2284 |
a period of four years has elapsed since the last day of the term | 2285 |
for which the person previously served. The trustees shall receive | 2286 |
no compensation for their services but shall be paid their | 2287 |
reasonable necessary expenses while engaged in the discharge of | 2288 |
their official duties. A majority of the board constitutes a | 2289 |
quorum. | 2290 |
(3) Not later than | 2291 |
2292 | |
and consent of the senate, shall appoint the two student trustees | 2293 |
and successors for the trustees serving under division (A)(1) of | 2294 |
this section. Except for the student trustees, who shall serve | 2295 |
terms pursuant to division (B) of this section, the initial terms | 2296 |
of office for trustees appointed under division (A)(2) of this | 2297 |
section shall be as follows: one term ending | 2298 |
2299 | |
ending | 2300 |
September 23, 2010; one term ending | 2301 |
2302 | |
ending | 2303 |
September 23, 2012; one term ending | 2304 |
2305 | |
2306 | |
2014; one term ending | 2307 |
2308 | |
2309 | |
ending | 2310 |
September 23, 2017. Thereafter, terms of office shall be for nine | 2311 |
years, as provided in division (A)(2) of this section. | 2312 |
(B) The student members of the board of trustees of the | 2313 |
2314 | |
medical university have no voting power on the board. Student | 2315 |
members shall not be considered as members of the board in | 2316 |
determining whether a quorum is present. Student members shall not | 2317 |
be entitled to attend executive sessions of the board. The student | 2318 |
members of the board shall be appointed by the governor, with the | 2319 |
advice and consent of the senate, from a group of five candidates | 2320 |
selected pursuant to a procedure adopted by the | 2321 |
university's student governments and approved by the
| 2322 |
university's board of trustees. The initial term of office of one | 2323 |
of the student members shall commence | 2324 |
2325 | |
expire on June 30, 2009, and the initial term of office of the | 2326 |
other student member shall commence
| 2327 |
2328 | |
expire on June 30, 2010. Thereafter, terms of office of student | 2329 |
members shall be for two years, each term ending on the same day | 2330 |
of the same month of the year as the term it succeeds. In the | 2331 |
event that a student member cannot fulfill a two-year term, a | 2332 |
replacement shall be selected to fill the unexpired term in the | 2333 |
same manner used to make the original selection. | 2334 |
Sec. 3350.11. The board of trustees of the
| 2335 |
northeast Ohio | 2336 |
university shall annually elect from | 2337 |
chairperson and a
| 2338 |
may also appoint a secretary of the board, a treasurer, and such | 2339 |
other officers of the | 2340 |
2341 | |
2342 | |
the officers of the | 2343 |
treasurer, before entering upon the discharge of
| 2344 |
duties of treasurer, shall give bond to the state for the faithful | 2345 |
performance of | 2346 |
accounting for all moneys coming into | 2347 |
The amount of the bonds shall be determined by the board, but | 2348 |
shall not be for a sum less than the estimated amount which may | 2349 |
come into | 2350 |
be approved by the attorney general. | 2351 |
Sec. 3350.12. The board of trustees of the | 2352 |
northeast Ohio | 2353 |
shall employ, fix the compensation of, and remove, the president | 2354 |
2355 | |
teachers, officers, and other employees as are considered | 2356 |
necessary. The board shall do all things necessary for the | 2357 |
creation, proper maintenance, and successful and continuous | 2358 |
operation of the | 2359 |
time amend bylaws, rules, and regulations for the conduct of the | 2360 |
board and the government and conduct of the | 2361 |
The board may accept donations of lands and moneys for the | 2362 |
purposes of the | 2363 |
Sec. 3350.13. The board of trustees of the | 2364 |
northeast Ohio | 2365 |
may receive and hold in trust, for the use and benefit of the | 2366 |
2367 | |
or bequest of money or other personal property, to be applied to | 2368 |
the general or special use of the | 2369 |
otherwise directed in the donation or bequest. The board may make | 2370 |
and enter into all contracts and agreements necessary or | 2371 |
incidental to the operation of the | 2372 |
Sec. 3350.14. The general assembly shall support the | 2373 |
2374 | |
medical university by such sums and in such manner as it may | 2375 |
provide, but support may come from other sources. No state funds | 2376 |
shall be provided under this section unless | 2377 |
university meets the requirements of section 3333.11 of the | 2378 |
Revised Code. | 2379 |
Section 2. That existing sections 145.01, 145.011, 151.04, | 2380 |
154.01, 185.03, 185.05, 3304.30, 3305.01, 3333.045, 3333.11, | 2381 |
3333.111, 3333.611, 3334.01, 3345.04, 3345.12, 3345.121, 3345.17, | 2382 |
3345.201, 3345.28, 3345.281, 3345.31, 3345.32, 3345.34, 3345.50, | 2383 |
3345.51, 3345.71, 3350.10, 3350.11, 3350.12, 3350.13, and 3350.14 | 2384 |
of the Revised Code are hereby repealed. | 2385 |
Section 3. That Sections 371.10, 371.20.80, and 371.40.90 of | 2386 |
Am. Sub. H.B. 1 of the 128th General Assembly be amended to read | 2387 |
as follows: | 2388 |
Sec. 371.10. BOR BOARD OF REGENTS | 2389 |
General Revenue Fund | 2390 |
GRF | 235321 | Operating Expenses | $ | 2,366,640 | $ | 2,366,640 | 2391 | ||||
GRF | 235401 | Lease Rental Payments | $ | 124,461,100 | $ | 107,897,100 | 2392 | ||||
GRF | 235402 | Sea Grants | $ | 300,000 | $ | 300,000 | 2393 | ||||
GRF | 235406 | Articulation and Transfer | $ | 2,531,700 | $ | 2,531,700 | 2394 | ||||
GRF | 235408 | Midwest Higher Education Compact | $ | 95,000 | $ | 95,000 | 2395 | ||||
GRF | 235409 | Information System | $ | 937,800 | $ | 937,800 | 2396 | ||||
GRF | 235414 | State Grants and Scholarship Administration | $ | 1,414,366 | $ | 1,414,366 | 2397 | ||||
GRF | 235417 | Ohio Learning Network | $ | 2,723,320 | $ | 2,723,320 | 2398 | ||||
GRF | 235428 | Appalachian New Economy Partnership | $ | 819,295 | $ | 819,295 | 2399 | ||||
GRF | 235433 | Economic Growth Challenge | $ | 511,715 | $ | 511,715 | 2400 | ||||
GRF | 235438 | Choose Ohio First Scholarship | $ | 12,927,304 | $ | 15,845,591 | 2401 | ||||
GRF | 235442 | Teacher Fellowship | $ | 0 | $ | 2,500,000 | 2402 | ||||
GRF | 235443 | Adult Basic and Literacy Education - State | $ | 7,302,416 | $ | 7,302,416 | 2403 | ||||
GRF | 235444 | Post-Secondary Adult Career-Technical Education | $ | 15,317,549 | $ | 15,317,547 | 2404 | ||||
GRF | 235474 | Area Health Education Centers Program Support | $ | 1,059,078 | $ | 1,059,078 | 2405 | ||||
GRF | 235501 | State Share of Instruction | $ | 1,677,708,351 | $ | 1,689,554,971 | 2406 | ||||
GRF | 235502 | Student Support Services | $ | 692,974 | $ | 692,974 | 2407 | ||||
GRF | 235504 | War Orphans Scholarships | $ | 4,331,089 | $ | 4,331,089 | 2408 | ||||
GRF | 235507 | OhioLINK | $ | 6,433,313 | $ | 6,433,313 | 2409 | ||||
GRF | 235508 | Air Force Institute of Technology | $ | 1,785,439 | $ | 1,785,439 | 2410 | ||||
GRF | 235510 | Ohio Supercomputer Center | $ | 3,719,354 | $ | 3,719,354 | 2411 | ||||
GRF | 235511 | Cooperative Extension Service | $ | 23,518,608 | $ | 22,467,678 | 2412 | ||||
GRF | 235513 | Ohio University Voinovich School | $ | 326,000 | $ | 326,000 | 2413 | ||||
GRF | 235514 | Central State Supplement | $ | 12,109,106 | $ | 12,109,106 | 2414 | ||||
GRF | 235515 | Case Western Reserve University School of Medicine | $ | 2,525,003 | $ | 2,525,003 | 2415 | ||||
GRF | 235519 | Family Practice | $ | 3,724,923 | $ | 3,724,923 | 2416 | ||||
GRF | 235520 | Shawnee State Supplement | $ | 2,577,393 | $ | 2,577,393 | 2417 | ||||
GRF | 235521 | The Ohio State University John Glenn School of Public Affairs | $ | 277,500 | $ | 277,500 | 2418 | ||||
GRF | 235524 | Police and Fire Protection | $ | 119,793 | $ | 119,793 | 2419 | ||||
GRF | 235525 | Geriatric Medicine | $ | 614,295 | $ | 614,295 | 2420 | ||||
GRF | 235526 | Primary Care Residencies | $ | 1,839,083 | $ | 1,839,083 | 2421 | ||||
GRF | 235535 | Ohio Agricultural Research and Development Center | $ | 34,000,000 | $ | 34,000,000 | 2422 | ||||
GRF | 235536 | The Ohio State University Clinical Teaching | $ | 11,375,225 | $ | 11,375,225 | 2423 | ||||
GRF | 235537 | University of Cincinnati Clinical Teaching | $ | 9,355,968 | $ | 9,355,968 | 2424 | ||||
GRF | 235538 | University of Toledo Clinical Teaching | $ | 7,292,471 | $ | 7,292,471 | 2425 | ||||
GRF | 235539 | Wright State University Clinical Teaching | $ | 3,542,823 | $ | 3,542,823 | 2426 | ||||
GRF | 235540 | Ohio University Clinical Teaching | $ | 3,424,956 | $ | 3,424,956 | 2427 | ||||
GRF | 235541 | $ | 3,522,563 | $ | 3,522,563 | 2428 | |||||
GRF | 235552 | Capital Component | $ | 20,382,568 | $ | 20,382,568 | 2429 | ||||
GRF | 235555 | Library Depositories | $ | 1,477,274 | $ | 1,477,274 | 2430 | ||||
GRF | 235556 | Ohio Academic Resources Network | $ | 3,253,866 | $ | 3,253,866 | 2431 | ||||
GRF | 235558 | Long-term Care Research | $ | 217,000 | $ | 217,000 | 2432 | ||||
GRF | 235563 | Ohio College Opportunity Grant | $ | 95,000,000 | $ | 76,000,000 | 2433 | ||||
GRF | 235567 | Central State University Speed to Scale | $ | 1,775,254 | $ | 0 | 2434 | ||||
GRF | 235572 | The Ohio State University Clinic Support | $ | 901,703 | $ | 901,703 | 2435 | ||||
GRF | 235579 | Bliss Institute | $ | 257,474 | $ | 257,474 | 2436 | ||||
GRF | 235596 | Hazardous Materials Program | $ | 373,858 | $ | 373,858 | 2437 | ||||
GRF | 235599 | National Guard Scholarship Program | $ | 14,912,271 | $ | 14,912,271 | 2438 | ||||
GRF | 235644 | State Share of Instruction - Federal Stimulus - Education | $ | 309,874,026 | $ | 308,802,662 | 2439 | ||||
GRF | 235909 | Higher Education General Obligation Debt Service | $ | 105,392,500 | $ | 86,937,900 | 2440 | ||||
TOTAL GRF General Revenue Fund | $ | 2,541,401,307 | $ | 2,500,750,064 | 2441 |
General Services Fund Group | 2442 |
2200 | 235614 | Program Approval and Reauthorization | $ | 1,000,000 | $ | 1,000,000 | 2443 | ||||
4560 | 235603 | Sales and Services | $ | 200,000 | $ | 200,000 | 2444 | ||||
TOTAL GSF General Services | 2445 | ||||||||||
Fund Group | $ | 1,200,000 | $ | 1,200,000 | 2446 |
Federal Special Revenue Fund Group | 2447 |
3120 | 235609 | Tech Prep | $ | 183,849 | $ | 183,849 | 2448 | ||||
3120 | 235611 | Gear-up Grant | $ | 3,900,000 | $ | 3,900,000 | 2449 | ||||
3120 | 235612 | Carl D. Perkins Grant/Plan Administration | $ | 912,961 | $ | 912,961 | 2450 | ||||
3120 | 235617 | Improving Teacher Quality Grant | $ | 3,200,000 | $ | 3,200,000 | 2451 | ||||
3120 | 235641 | Adult Basic Literacy Education - Federal | $ | 17,869,546 | $ | 17,869,546 | 2452 | ||||
3BE0 | 235636 | Adult Education and Family Literacy Act Incentive Grant | $ | 1,783,583 | $ | 1,783,583 | 2453 | ||||
3BG0 | 235626 | Star Schools | $ | 250,000 | $ | 0 | 2454 | ||||
3H20 | 235608 | Human Services Project | $ | 3,500,000 | $ | 3,500,000 | 2455 | ||||
3N60 | 235605 | State Student Incentive Grants | $ | 2,533,339 | $ | 2,533,339 | 2456 | ||||
3N60 | 235638 | College Access Challenge Grant | $ | 2,268,044 | $ | 2,268,044 | 2457 | ||||
TOTAL FED Federal Special Revenue | 2458 | ||||||||||
Fund Group | $ | 36,401,322 | $ | 36,151,322 | 2459 |
State Special Revenue Fund Group | 2460 |
4E80 | 235602 | Higher Educational Facility Commission Administration | $ | 30,000 | $ | 30,000 | 2461 | ||||
6490 | 235607 | The Ohio State University Highway/Transportation Research | $ | 500,000 | $ | 500,000 | 2462 | ||||
6820 | 235606 | Nursing Loan Program | $ | 893,000 | $ | 893,000 | 2463 | ||||
TOTAL SSR State Special Revenue | 2464 | ||||||||||
Fund Group | $ | 1,423,000 | $ | 1,423,000 | 2465 |
Third Frontier Research & Development Fund Group | 2466 |
7011 | 235634 | Research Incentive Third Frontier Fund | $ | 8,000,000 | $ | 8,000,000 | 2467 | ||||
TOTAL 011 Third Frontier Research & Development Fund Group | $ | 8,000,000 | $ | 8,000,000 | 2468 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 2,588,425,629 | $ | 2,547,524,386 | 2469 |
Sec. 371.20.80. STATE SHARE OF INSTRUCTION FORMULAS | 2471 |
The Chancellor of the Board of Regents shall establish | 2472 |
procedures to allocate the foregoing appropriation items 235501, | 2473 |
State Share of Instruction, and 235644, State Share of Instruction | 2474 |
- Federal Stimulus - Education, based on the formulas, enrollment, | 2475 |
course completion, degree attainment, and student access factors | 2476 |
in the instructional models set out in this section. | 2477 |
The foregoing appropriation items 235501, State Share of | 2478 |
Instruction, and 235644, State Share of Instruction – Federal | 2479 |
Stimulus – Education, shall be combined for the purposes of | 2480 |
allocating the state share of instruction subsidy. | 2481 |
(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COMPLETIONS | 2482 |
(1) As soon as possible during each fiscal year of the | 2483 |
biennium ending June 30, 2011, in accordance with instructions of | 2484 |
the Board of Regents, each state-assisted institution of higher | 2485 |
education shall report its actual enrollment, consistent with the | 2486 |
definitions in the Higher Education Information (HEI) system's | 2487 |
enrollment files, to the Chancellor of the Board of Regents. | 2488 |
(2) In defining the number of full-time equivalent students | 2489 |
for state subsidy purposes, the Chancellor of the Board of Regents | 2490 |
shall exclude all undergraduate students who are not residents of | 2491 |
Ohio, except those charged in-state fees in accordance with | 2492 |
reciprocity agreements made under section 3333.17 of the Revised | 2493 |
Code or employer contracts entered into under section 3333.32 of | 2494 |
the Revised Code. | 2495 |
(3) In calculating the core subsidy entitlements for | 2496 |
university branch and main campuses, the Chancellor of the Board | 2497 |
of Regents shall use the following count of FTE students: | 2498 |
(a) The subsidy eligible enrollments by model shall equal | 2499 |
only those FTE students who successfully complete the course as | 2500 |
defined and reported through the Higher Education Information | 2501 |
(HEI) system course enrollment file; | 2502 |
(b) For those FTE students with successful course | 2503 |
completions, identified in division (3)(a) of this section, | 2504 |
completions that were achieved by a student that was eligible to | 2505 |
receive Ohio need-based financial aid shall have their enrollments | 2506 |
weighted by the following: | 2507 |
(i) Campus-specific course completion rates by discipline | 2508 |
area and level; and | 2509 |
(ii) A statewide average OIG/OCOG course completion weight | 2510 |
determined for each discipline area and level. The statewide | 2511 |
average OIG/OCOG course completion weight shall be determined by | 2512 |
calculating the difference between the percentage of traditional | 2513 |
students who complete a course and the percentage of Ohio | 2514 |
Instructional Grant and Ohio College Opportunity Grant recipients | 2515 |
who complete the same course. | 2516 |
(4) In calculating the core subsidy entitlements for Medical | 2517 |
II models only, the Board of Regents shall use the following count | 2518 |
of FTE students: | 2519 |
(a) For those medical schools whose current year enrollment, | 2520 |
including students repeating terms, is below the base enrollment, | 2521 |
the Medical II FTE enrollment shall equal: 65 per cent of the base | 2522 |
enrollment plus 35 per cent of the current year enrollment | 2523 |
including students repeating terms, where the base enrollment is: | 2524 |
The Ohio State University | 1010 | 2525 | |||
University of Cincinnati | 833 | 2526 | |||
University of Toledo | 650 | 2527 | |||
Wright State University | 433 | 2528 | |||
Ohio University | 433 | 2529 | |||
433 | 2530 |
(b) For those medical schools whose current year enrollment, | 2531 |
excluding students repeating terms, is equal to or greater than | 2532 |
the base enrollment, the Medical II FTE enrollment shall equal the | 2533 |
base enrollment plus the FTE for repeating students. | 2534 |
(c) Students repeating terms may be no more than five per | 2535 |
cent of current year enrollment. | 2536 |
(5) The state share of instruction to state-supported | 2537 |
universities for students enrolled in law schools in fiscal year | 2538 |
2010 and fiscal year 2011 shall be calculated by using the number | 2539 |
of subsidy-eligible FTE law school students funded by state | 2540 |
subsidy in fiscal year 1995 or the actual number of | 2541 |
subsidy-eligible FTE law school students at the institution in the | 2542 |
fiscal year, whichever is less. | 2543 |
(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT | 2544 |
For purposes of calculating state share of instruction | 2545 |
allocations, the total instructional costs per full-time | 2546 |
equivalent student shall be: | 2547 |
Model | Fiscal Year 2010 | Fiscal Year 2011 | 2548 | |
ARTS AND HUMANITIES 1 | $7,658 | $7,891 | 2549 | |
ARTS AND HUMANITIES 2 | $10,117 | $10,425 | 2550 | |
ARTS AND HUMANITIES 3 | $13,067 | $13,464 | 2551 | |
ARTS AND HUMANITIES 4 | $19,194 | $19,778 | 2552 | |
ARTS AND HUMANITIES 5 | $29,994 | $30,906 | 2553 | |
ARTS AND HUMANITIES 6 | $35,991 | $37,085 | 2554 | |
BUSINESS, EDUCATION & SOCIAL SCIENCES 1 | $6,732 | $6,937 | 2555 | |
BUSINESS, EDUCATION & SOCIAL SCIENCES 2 | $7,803 | $8,041 | 2556 | |
BUSINESS, EDUCATION & SOCIAL SCIENCES 3 | $9,619 | $9,911 | 2557 | |
BUSINESS, EDUCATION & SOCIAL SCIENCES 4 | $11,607 | $11,959 | 2558 | |
BUSINESS, EDUCATION & SOCIAL SCIENCES 5 | $18,044 | $18,592 | 2559 | |
BUSINESS, EDUCATION & SOCIAL SCIENCES 6 | $22,615 | $23,303 | 2560 | |
BUSINESS, EDUCATION & SOCIAL SCIENCES 7 | $27,528 | $28,365 | 2561 | |
MEDICAL 1 | $47,494 | $48,938 | 2562 | |
MEDICAL 2 | $45,420 | $46,801 | 2563 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 | $6,943 | $7,154 | 2564 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 | $9,792 | $10,090 | 2565 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 | $11,963 | $12,327 | 2566 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 | $15,282 | $15,747 | 2567 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 | $19,471 | $20,063 | 2568 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 | $21,771 | $22,433 | 2569 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 | $27,906 | $28,755 | 2570 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 | $36,547 | $37,658 | 2571 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 | $51,283 | $52,842 | 2572 |
Doctoral I and Doctoral II models shall be allocated in | 2573 |
accordance with division (D)(2) of this section. | 2574 |
(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL, | 2575 |
AND GRADUATE WEIGHTS | 2576 |
For the purpose of implementing the recommendations of the | 2577 |
State Share of Instruction Consultation and the Higher Education | 2578 |
Funding Study Council that priority be given to maintaining state | 2579 |
support for science, technology, engineering, mathematics, | 2580 |
medicine, and graduate programs, the costs in division (B) of this | 2581 |
section shall be weighted by the amounts provided below: | 2582 |
Model | Fiscal Year 2010 | Fiscal Year 2011 | 2583 | |
ARTS AND HUMANITIES 1 | 1.0000 | 1.0000 | 2584 | |
ARTS AND HUMANITIES 2 | 1.0000 | 1.0000 | 2585 | |
ARTS AND HUMANITIES 3 | 1.0000 | 1.0000 | 2586 | |
ARTS AND HUMANITIES 4 | 1.0000 | 1.0000 | 2587 | |
ARTS AND HUMANITIES 5 | 1.0425 | 1.0425 | 2588 | |
ARTS AND HUMANITIES 6 | 1.0425 | 1.0425 | 2589 | |
BUSINESS, EDUCATION & SOCIAL SCIENCES 1 | 1.0000 | 1.0000 | 2590 | |
BUSINESS, EDUCATION & SOCIAL SCIENCES 2 | 1.0000 | 1.0000 | 2591 | |
BUSINESS, EDUCATION & SOCIAL SCIENCES 3 | 1.0000 | 1.0000 | 2592 | |
BUSINESS, EDUCATION & SOCIAL SCIENCES 4 | 1.0000 | 1.0000 | 2593 | |
BUSINESS, EDUCATION & SOCIAL SCIENCES 5 | 1.0425 | 1.0425 | 2594 | |
BUSINESS, EDUCATION & SOCIAL SCIENCES 6 | 1.0425 | 1.0425 | 2595 | |
BUSINESS, EDUCATION & SOCIAL SCIENCES 7 | 1.0425 | 1.0425 | 2596 | |
MEDICAL 1 | 1.6456 | 1.6456 | 2597 | |
MEDICAL 2 | 1.7462 | 1.7462 | 2598 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 | 1.0000 | 1.0000 | 2599 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 | 1.0017 | 1.0017 | 2600 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 | 1.6150 | 1.6150 | 2601 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 | 1.6920 | 1.6920 | 2602 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 | 1.4222 | 1.4222 | 2603 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 | 1.8798 | 1.8798 | 2604 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 | 1.4380 | 1.4380 | 2605 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 | 1.5675 | 1.5675 | 2606 | |
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 | 1.1361 | 1.1361 | 2607 |
(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA | 2608 |
ENTITLEMENTS AND ADJUSTMENTS | 2609 |
(1) Of the foregoing appropriation items 235501, State Share | 2610 |
of Instruction, and 235644, State Share of Instruction - Federal | 2611 |
Stimulus - Education, 5 per cent of the appropriation for | 2612 |
state-supported community colleges, state community colleges, and | 2613 |
technical colleges in fiscal year 2011 shall be allocated to | 2614 |
colleges in proportion to their share of college student success | 2615 |
factors. In fiscal year 2011, student success factors shall | 2616 |
include all measureable student outcomes that contribute to | 2617 |
student achievement as determined by the Chancellor of the Board | 2618 |
of Regents based on the recommendation of the consultation created | 2619 |
in the | 2620 |
128th General Assembly entitled "Studies to Determine Weights for | 2621 |
Fiscal Year 2011 State Share of Instruction Formula." | 2622 |
(2) Of the foregoing appropriation items 235501, State Share | 2623 |
of Instruction, and 235644, State Share of Instruction - Federal | 2624 |
Stimulus - Education, up to 12.89 per cent of the appropriation | 2625 |
for university main campuses in each fiscal year shall be reserved | 2626 |
for support of doctoral programs to implement the funding | 2627 |
recommendations made by representatives of the universities. The | 2628 |
amount so reserved shall be referred to as the doctoral set-aside. | 2629 |
The doctoral set-aside shall be allocated to universities as | 2630 |
follows: | 2631 |
(a) 90 per cent of the doctoral set-aside in fiscal year 2010 | 2632 |
and 80 per cent of the doctoral set-aside in fiscal year 2011 | 2633 |
shall be allocated to universities in proportion to their share of | 2634 |
the total number of Doctoral I equivalent FTEs as calculated on an | 2635 |
institutional basis using the greater of the two-year or five-year | 2636 |
FTEs for the period fiscal year 1994 through fiscal year 1998 with | 2637 |
annualized FTEs for fiscal years 1994 through 1997 and all-term | 2638 |
FTEs for fiscal year 1998 as adjusted to reflect the effects of | 2639 |
doctoral review and subsequent changes in Doctoral I equivalent | 2640 |
enrollments. For the purposes of this calculation, Doctoral I | 2641 |
equivalent FTEs shall equal the sum of Doctoral I FTEs plus 1.5 | 2642 |
times the sum of Doctoral II FTEs. | 2643 |
(b) 5 per cent of the doctoral set-aside in fiscal year 2010 | 2644 |
and 10 per cent of the doctoral set-aside in fiscal year 2011 | 2645 |
shall be allocated to universities in proportion to each campus's | 2646 |
share of the total statewide doctoral degrees, weighted by the | 2647 |
cost of the doctoral discipline. In calculating each campus's | 2648 |
doctoral degrees the Chancellor of the Board of Regents shall use | 2649 |
the three-year average doctoral degrees awarded for the three-year | 2650 |
period ending in the prior year. | 2651 |
(c) 2.5 per cent of the doctoral set-aside in fiscal year | 2652 |
2010 and 5 per cent of the doctoral set-aside in fiscal year 2011 | 2653 |
shall be allocated to universities in proportion to their share of | 2654 |
research grant activity, using data collected and published by the | 2655 |
National Science Foundation. Grant awards from the National Health | 2656 |
Institute shall be weighted at 50 per cent. | 2657 |
(d) 2.5 per cent of the doctoral set-aside in fiscal year | 2658 |
2010 and 5 per cent of the doctoral set-aside in fiscal year 2011 | 2659 |
shall be allocated to universities based on other quality measures | 2660 |
that contribute to the advancement of the Chancellor's strategic | 2661 |
plan. These other quality measures shall be identified by the | 2662 |
Chancellor in consultation with universities. If for any reason | 2663 |
metrics for distributing the quality component of the doctoral | 2664 |
set-aside are not identified prior to the fiscal year allocation | 2665 |
process, this portion of the doctoral set-aside funds shall be | 2666 |
allocated to universities based on division (D)(2)(a) of this | 2667 |
section. | 2668 |
(3) Of the foregoing appropriation items 235501, State Share | 2669 |
of Instruction, and 235644, State Share of Instruction - Federal | 2670 |
Stimulus - Education, 6.96 per cent of the appropriation for | 2671 |
university main campuses in each fiscal year shall be reserved for | 2672 |
support of Medical II FTEs. The amount so reserved shall be | 2673 |
referred to as the medical II set-aside. | 2674 |
The medical II set-aside shall be allocated to universities | 2675 |
in proportion to their share of the total number of Medical II | 2676 |
FTEs as calculated in division (A) of this section, weighted by | 2677 |
model cost. | 2678 |
(4) Of the foregoing appropriation items 235501, State Share | 2679 |
of Instruction, and 235644, State Share of Instruction - Federal | 2680 |
Stimulus - Education, 1.61 per cent of the appropriation for | 2681 |
university main campuses in each fiscal year shall be reserved for | 2682 |
support of Medical I FTEs. The amount so reserved shall be | 2683 |
referred to as the medical I set-aside. | 2684 |
The medical I set-aside shall be allocated to universities in | 2685 |
proportion to their share of the total number of Medical I FTEs as | 2686 |
calculated in division (A) of this section. | 2687 |
(5) Of the foregoing appropriation items 235501, State Share | 2688 |
of Instruction, and 235644, State Share of Instruction - Federal | 2689 |
Stimulus - Education, 5 per cent of the fiscal year 2010 | 2690 |
appropriation for university main campuses and 10 per cent of the | 2691 |
fiscal year 2011 appropriation for university main campuses shall | 2692 |
be reserved for support of associate, baccalaureate, master's, and | 2693 |
professional level degree attainment. | 2694 |
The degree attainment funding shall be allocated to | 2695 |
universities in proportion to each campus's share of the total | 2696 |
statewide degrees granted, weighted by the cost of the degree | 2697 |
programs. | 2698 |
In calculating the subsidy entitlements for degree attainment | 2699 |
at university main campuses, the Chancellor of the Board of | 2700 |
Regents shall use the following count of degrees and degree costs: | 2701 |
(a) For those associate degrees awarded by a state-supported | 2702 |
university, the subsidy eligible degrees granted are defined as | 2703 |
only those earned by students attending a university that received | 2704 |
funding under GRF appropriation item 235418, Access Challenge, in | 2705 |
fiscal year 2009. | 2706 |
(b) In calculating each campus's count of degrees, the | 2707 |
Chancellor of the Board of Regents shall use the three-year | 2708 |
average associate, baccalaureate, master's, and professional | 2709 |
degrees awarded for the three-year period ending in the prior | 2710 |
year. | 2711 |
Eligible associate degrees defined in division (D)(5)(a) of | 2712 |
this section and all bachelor's degrees earned by a student that | 2713 |
was eligible to receive Ohio need-based financial aid shall have | 2714 |
their associates degree cost weighted by a statewide OIG/OCOG | 2715 |
degree completion weight. | 2716 |
The statewide average OIG/OCOG degree completion weight shall | 2717 |
be determined by calculating the difference between the percentage | 2718 |
of traditional students who earned a degree and the percentage of | 2719 |
Ohio Instructional Grant and Ohio College Opportunity Grant | 2720 |
recipients who earned a degree during the same time period. | 2721 |
(6) Each campus's state share of instruction base formula | 2722 |
earnings shall be determined as follows: | 2723 |
(a) For each campus in each fiscal year, the instructional | 2724 |
costs shall be determined by multiplying the amounts listed above | 2725 |
in divisions (B) and (C) of this section by (i) average | 2726 |
subsidy-eligible FTEs for the two-year period ending in the prior | 2727 |
year for all models except Doctoral I and Doctoral II; and (ii) | 2728 |
average subsidy-eligible FTEs for the five-year period ending in | 2729 |
the prior year for all models except Doctoral I and Doctoral II. | 2730 |
(b) The Chancellor of the Board of Regents shall compute the | 2731 |
two calculations listed in division (D)(6)(a) of this section and | 2732 |
use the greater amount as each campus's instructional costs. | 2733 |
(c) The Chancellor of the Board of Regents shall compute a | 2734 |
uniform state share of instructional costs for each sector. | 2735 |
(i) For the state supported community colleges, state | 2736 |
community colleges, and technical colleges, the Chancellor of the | 2737 |
Board of Regents shall compute the uniform state share of | 2738 |
institutional costs by dividing the earmark in division (C)(1) of | 2739 |
Section 371.20.90 of | 2740 |
Assembly, less the student college success allocation as described | 2741 |
in division (D)(1) of this section, by the sum of all eligible | 2742 |
campuses' instructional costs as calculated in division (D)(6)(b) | 2743 |
of this section. | 2744 |
(ii) For the state supported university branch campuses, the | 2745 |
Chancellor of the Board of Regents shall compute the uniform state | 2746 |
share of institutional costs by dividing the earmark in division | 2747 |
(C)(2) of Section 371.20.90 of | 2748 |
128th General Assembly by the sum of all campuses' instructional | 2749 |
costs as calculated in division (D)(6)(b) of this section. | 2750 |
(iii) For the state supported university main campuses, the | 2751 |
Chancellor of the Board of Regents shall compute the uniform state | 2752 |
share of institutional costs by dividing the earmark in division | 2753 |
(C)(3) of Section 371.20.90 of | 2754 |
128th General Assembly, less the doctoral set-aside, less the | 2755 |
medical I set-aside, less the medical II set-aside, and less the | 2756 |
degree attainment funding as calculated in divisions (D)(2) to (5) | 2757 |
of this section, by the sum of all campuses' instructional costs | 2758 |
as calculated in division (D)(6)(b) of this section. | 2759 |
(d) The formula entitlement for each sector's campuses shall | 2760 |
be determined by multiplying the uniform state share of costs | 2761 |
calculated in division (D)(6)(c) of this section by the campus's | 2762 |
instructional cost determined in division (D)(6)(b) of this | 2763 |
section. | 2764 |
(7) In addition to the student success allocation, doctoral | 2765 |
set-aside, medical I set-aside, medical II set-aside, and the | 2766 |
degree attainment allocation determined in | 2767 |
(D)(1) to (D)(5) of this section and the formula entitlement | 2768 |
determined in division (D)(6) of this section, an allocation based | 2769 |
on facility-based plant operations and maintenance (POM) subsidy | 2770 |
shall be made. For each eligible campus, the amount of the POM | 2771 |
allocation in each fiscal year shall be distributed based on what | 2772 |
each campus received in the fiscal year 2009 POM allocation. | 2773 |
Any POM allocations required by this division shall be funded | 2774 |
by proportionately reducing formula entitlement earnings, | 2775 |
including the POM allocations, for all campuses in that sector. | 2776 |
(8) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING | 2777 |
In addition to and after the adjustments noted above, in | 2778 |
fiscal year 2010, no campus shall receive a state share of | 2779 |
instruction allocation that is less than 99 per cent of the prior | 2780 |
year's combined state share of instruction, access challenge, and | 2781 |
success challenge amounts. Funds shall be made available to | 2782 |
support this allocation by proportionately reducing formula | 2783 |
entitlement earnings from those campuses, within each sector, that | 2784 |
are not receiving stability funding. | 2785 |
In fiscal year 2011, in addition to and after the adjustments | 2786 |
noted above, no campus shall receive a state share of instruction | 2787 |
allocation that is less than 98 per cent of the prior year's | 2788 |
combined state share of instruction, access challenge, and success | 2789 |
challenge amounts. Funds shall be made available to support this | 2790 |
allocation by proportionately reducing formula entitlement | 2791 |
earnings from those campuses, within each sector, that do not | 2792 |
receive stability funding. | 2793 |
(9) CAPITAL COMPONENT DEDUCTION | 2794 |
After all other adjustments have been made, state share of | 2795 |
instruction earnings shall be reduced for each campus by the | 2796 |
amount, if any, by which debt service charged in Am. H.B. 748 of | 2797 |
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General | 2798 |
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B. | 2799 |
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th | 2800 |
General Assembly, and Am. Sub. H.B. 699 of the 126th General | 2801 |
Assembly, Am. Sub. H.B. 496 of the 127th General Assembly, and Am. | 2802 |
Sub. H.B. 562 of the 127th General Assembly for that campus | 2803 |
exceeds that campus's capital component earnings. The sum of the | 2804 |
amounts deducted shall be transferred to appropriation item | 2805 |
235552, Capital Component, in each fiscal year. | 2806 |
(E) EXCEPTIONAL CIRCUMSTANCES | 2807 |
Adjustments may be made to the state share of instruction | 2808 |
payments and other subsidies distributed by the Chancellor of the | 2809 |
Board of Regents to state-assisted colleges and universities for | 2810 |
exceptional circumstances. No adjustments for exceptional | 2811 |
circumstances may be made without the recommendation of the | 2812 |
Chancellor and the approval of the Controlling Board. | 2813 |
(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF | 2814 |
INSTRUCTION | 2815 |
The standard provisions of the state share of instruction | 2816 |
calculation as described in the preceding sections of temporary | 2817 |
law shall apply to any reductions made to appropriation items | 2818 |
235501, State Share of Instruction, and 235644, State Share of | 2819 |
Instruction - Federal Stimulus - Education, before the Board of | 2820 |
Regents has formally approved the final allocation of the state | 2821 |
share of instruction funds for any fiscal year. | 2822 |
Any reductions made to appropriation items 235501, State | 2823 |
Share of Instruction, and 235644, State Share of Instruction - | 2824 |
Federal Stimulus - Education, after the Board of Regents has | 2825 |
formally approved the final allocation of the state share of | 2826 |
instruction funds for any fiscal year, shall be uniformly applied | 2827 |
to each campus in proportion to its share of the final allocation. | 2828 |
(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION | 2829 |
The state share of instruction payments to the institutions | 2830 |
shall be in substantially equal monthly amounts during the fiscal | 2831 |
year, unless otherwise determined by the Director of Budget and | 2832 |
Management pursuant to section 126.09 of the Revised Code. | 2833 |
Payments during the first six months of the fiscal year shall be | 2834 |
based upon the state share of instruction appropriation estimates | 2835 |
made for the various institutions of higher education according to | 2836 |
the Chancellor of the Board of Regents enrollment estimates. | 2837 |
Payments during the last six months of the fiscal year shall be | 2838 |
distributed after approval of the Controlling Board upon the | 2839 |
request of the Board of Regents. | 2840 |
Sec. 371.40.90. STATE UNIVERSITY CLINICAL TEACHING | 2841 |
The foregoing appropriation items 235536, The Ohio State | 2842 |
University Clinical Teaching; 235537, University of Cincinnati | 2843 |
Clinical Teaching; 235538, University of Toledo Clinical Teaching; | 2844 |
235539, Wright State University Clinical Teaching; 235540, Ohio | 2845 |
University Clinical Teaching; and 235541,
| 2846 |
Ohio | 2847 |
Teaching, shall be distributed through the Chancellor of the Board | 2848 |
of Regents. | 2849 |
Section 4. That existing Sections 371.10, 371.20.80, and | 2850 |
371.40.90 of Am. Sub. H.B. 1 of the 128th General Assembly are | 2851 |
hereby repealed. | 2852 |
Section 5. That Section 105.45.20 of Sub. H.B. 462 of the | 2853 |
128th General Assembly be amended to read as follows: | 2854 |
Reappropriations |
Sec. 105.45.20. NEM | 2855 |
2856 |
C30500 | Basic Renovations | $ | 338,129 | 2857 | |||
C30501 | Cooperating Regional Library Depository - Northeastern | $ | 582,218 | 2858 | |||
C30505 | Campus Network Expansion | $ | 8,676 | 2859 | |||
C30515 | Building Envelope Restoration | $ | 2,068 | 2860 | |||
C30519 | Steam to Hot Water Heating Conversion | $ | 1,488,560 | 2861 | |||
Total |
$ | 2,419,651 | 2862 |
Section 6. That existing Section 105.45.20 of Sub. H.B. 462 | 2864 |
of the 128th General Assembly is hereby repealed. | 2865 |