Bill Text: OH SB301 | 2009-2010 | 128th General Assembly | Introduced


Bill Title: And Sections 371.10, 371.20.80, and 371.40.90 of Am. Sub. H.B. 1 of the 128th General Assembly and Section 105.45.20 of Sub. H.B. 462 of the 128th General Assembly to rename the Northeastern Ohio Universities College of Medicine and Pharmacy as the Northeast Ohio Medical University.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-09-13 - To Finance & Financial Institutions [SB301 Detail]

Download: Ohio-2009-SB301-Introduced.html
As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 301


Senator Sawyer 

Cosponsors: Senators Coughlin, Turner, Smith, Miller, R., Cates, Grendell, Schuring, Schiavoni, Strahorn 



A BILL
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 College of Medicine and Pharmacy as 12
the Northeast Ohio Medical University.13


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       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 medical74
collegeuniversity, state university, or board, bureau, 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 the effective date of this amendmentMarch 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 the effective date of this amendment562
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 northeasternnortheast Ohio universities 591
college of medicinemedical university;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 northeasternnortheast Ohio universities college of 622
medicinemedical university.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 northeasternnortheast Ohio universities college of 686
medicinemedical university, state universities or colleges at any 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 northeasternnortheast Ohio universities 837
colleges of medicine and pharmacymedical university;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 northeasternnortheast Ohio universities colleges of 907
medicine and pharmacymedical university;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 northeasternnortheast923
Ohio universities colleges of medicine and pharmacymedical 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, college of medicinemedical 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 histhe blind licensee's own inventory on forms prescribed by 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 operate1011
histhe blind licensee's vending facility, but employment 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
northeasternnortheast Ohio universities college of medicine1019
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 northeasternnortheast Ohio universities 1064
college of medicinemedical university, any community college 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 or medical, college, or university faculty 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 of 1120
the school or college of medicine. In addition, the office or 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 northeasternnortheast Ohio 1136
universities colleges of medicine and pharmacymedical university; 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 six months after the 1153
effective date of this sectionMarch 6, 2011. The chancellor shall 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; or1179

       (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; and1187

       (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 by the Ohio board 1202
of regents pursuant to Chapter 1713. of the Revised Code or a 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; and1230

       (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
northeasternnortheast Ohio universities college of medicine1254
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 the1288
northeasternnortheast Ohio universities college of medicine1289
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 northeasternnortheast Ohio universities college of 1352
medicinemedical university, and includes its board of trustees.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 medical1785
collegeuniversity, community college district, university branch 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 northeasternnortheast Ohio universities college 1893
of medicinemedical university, and of the state held for the use 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 or college.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 northeasternnortheast Ohio 1905
universities college of medicinemedical university, Ohio 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 college or university, may purchase liability 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 college or university.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
college of medicinemedical universtiy, technical college, state 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 histhe faculty member's regular duties during the 1932
period of the leave. No faculty member shall, by virtue of being 1933
on professional leave, suffer a reduction or termination of his1934
the faculty member's regular employee retirement or insurance 1935
benefits or of any other benefit or privilege he receivesbeing 1936
received as a faculty member at the college, university, or branch 1937
where hethe faculty member is employed. Whenever such a benefit 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 hethe 1945
faculty member is employed before he becomesbecoming eligible for 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 chairmen1970
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, college of 1983
medicinemedical university, technical college, state community 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 northeasternnortheast Ohio1993
universities college of medicinemedical university, the board of 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 the2006
northeasternnortheast Ohio universities college of medicine2007
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 (F)(E) of this section. Each statement of 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 northeasternnortheast Ohio universities college of 2087
medicinemedical university shall use the trusteeship to influence 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 state2090
university or the college.2091

       (B) No member of the faculty or other employee of a state 2092
university or the northeasternnortheast Ohio universities college 2093
of medicinemedical university shall confer any favor, advantage, 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 northeastern2099
northeast Ohio universities college of medicinemedical university2100
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 board of regentschancellor shall adopt rules in 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 board of regents2128
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
board of regentschancellor and the department of administrative 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 northeasternnortheast Ohio universities college 2141
of medicinemedical university, or a state community college may 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 board of regentschancellor approves that request 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 board of regentschancellor shall adopt rules in 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 board of regentschancellor, shall 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 board of regents2176
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 board of 2186
regentschancellor, in consultation with higher education 2187
representatives selected by the boardchancellor, shall adopt 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 board of regentschancellor, in consultation with 2195
higher education representatives selected by the boardchancellor, 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 board of regentschancellor2201
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 board of regentschancellor revokes an 2211
institution's authority to administer a capital facilities 2212
project, the department of administrative services shall 2213
administer the capital facilities project. The board of regents2214
chancellor also may require an institution, for which the board2215
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 northeastern2222
northeast Ohio universities college of medicinemedical 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 northeastern2230
northeast Ohio universities college of medicinemedical 2231
university. The principal goal of the collegemedical university2232
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 collegemedical university may 2237
incorporate in the clinical experience provided its students the 2238
several community hospitals in the cities and areas served by the 2239
collegemedical university; utilize practicing physicians as 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 the ninetieth day after the effective date of this 2245
amendmentDecember 22, 2008, the government of the college2246
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 ninety days after the effective date of this 2266
amendmentDecember 22, 2008, the government of the college2267
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 collegemedical university, and their selection 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 ninety days after the effective date of 2291
this amendmentDecember 22, 2008, the governor, with the advice 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 one year after the 2298
effective date of this amendmentSeptember 23, 2009; one term 2299
ending two years after the effective date of this amendment2300
September 23, 2010; one term ending three years after the 2301
effective date of this amendmentSeptember 23, 2011; one term 2302
ending four years after the effective date of this amendment2303
September 23, 2012; one term ending five years after the effective 2304
date of this amendmentSeptember 23, 2013; one term ending six 2305
years after the effective date of this amendmentSeptember 23, 2306
2014; one term ending seven years after the effective date of this 2307
amendmentSeptember 23, 2015; one term ending eight years after 2308
the effective date of this amendmentSeptember 23, 2016; one term 2309
ending nine years after the effective date of this amendment2310
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
northeasternnortheast Ohio universities college of medicine2314
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 college's2321
university's student governments and approved by the college's2322
university's board of trustees. The initial term of office of one 2323
of the student members shall commence ninety days after the 2324
effective date of this amendmentDecember 22, 2008, and shall 2325
expire on June 30, 2009, and the initial term of office of the 2326
other student member shall commence ninety days after the 2327
effective date of this amendmentDecember 22, 2008, and shall 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 northeastern2335
northeast Ohio universities college of medicinemedical 2336
university shall annually elect from theirits members a chairman2337
chairperson and a vice-chairman; theyvice-chairperson. The board2338
may also appoint a secretary of the board, a treasurer, and such 2339
other officers of the collegeuniversity as the interest of the 2340
collegeuniversity requires, who may be members of the board, and 2341
they. The board may also appoint boards or commissions to assist 2342
the officers of the collegeuniversity with its operation. The 2343
treasurer, before entering upon the discharge of histhe official2344
duties of treasurer, shall give bond to the state for the faithful 2345
performance of histhe official duties of treasurer and the proper 2346
accounting for all moneys coming into histhe treasurer's care. 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 histhe treasurer's control at any time. The bonds shall 2350
be approved by the attorney general.2351

       Sec. 3350.12.  The board of trustees of the northeastern2352
northeast Ohio universities college of medicinemedical university2353
shall employ, fix the compensation of, and remove, the president, 2354
who shall be called the provost, and such number of professors, 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 collegeuniversity and may adopt and from time to 2359
time amend bylaws, rules, and regulations for the conduct of the 2360
board and the government and conduct of the collegeuniversity. 2361
The board may accept donations of lands and moneys for the 2362
purposes of the collegeuniversity.2363

       Sec. 3350.13.  The board of trustees of the northeastern2364
northeast Ohio universities college of medicinemedical university2365
may receive and hold in trust, for the use and benefit of the 2366
collegeuniversity, any grant or devise of land, and any donation 2367
or bequest of money or other personal property, to be applied to 2368
the general or special use of the collegeuniversity, unless 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 collegeuniversity.2372

       Sec. 3350.14.  The general assembly shall support the 2373
northeasternnortheast Ohio universities college of medicine2374
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 such collegethe 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 REGENTS2389

General Revenue Fund2390

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 Northeastern Northeast Ohio Universities College of Medicine Medical University Clinical Teaching $ 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 Group2442

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 Group2447

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 Group2460

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 Group2466

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 FORMULAS2471

       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 COMPLETIONS2482

       (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
Northeastern Northeast Ohio Universities College of Medicine Medical University 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 STUDENT2544

       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 WEIGHTS2576

       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 ADJUSTMENTS2609

       (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 Section of this actsections of Am. Sub. H.B. 1 of 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 this actAm. Sub. H.B. 1 of the 128th General 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 this actAm. Sub. H.B. 1 of the 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 this actAm. Sub. H.B. 1 of the 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 divisiondivisions2767
(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 FUNDING2777

       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 DEDUCTION2794

       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 CIRCUMSTANCES2807

       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
INSTRUCTION2815

       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 INSTRUCTION2829

       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 TEACHING2841

       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, NortheasternNortheast2846
Ohio Universities College of MedicineMedical University Clinical 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 NORTHEASTERNNORTHEAST OHIO UNIVERSITIES 2855
COLLEGE OF MEDICINEMEDICAL UNIVERSITY2856

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 Northeastern Northeast Ohio Universities College of Medicine Medical University $ 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

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