Effective: October 17, 2019
Latest Legislation: House Bill 166 - 133rd General Assembly
(A) Any city, exempted village, or local school district that commences a project under sections 3318.01 to 3318.20, 3318.36, 3318.37, or 3318.38 of the Revised Code on or after September 5, 2006, need not levy the tax otherwise required under division (B) of section 3318.05 of the Revised Code, if the district board of education adopts a resolution petitioning the Ohio facilities construction commission to approve the transfer of money in accordance with this section and the commission approves that transfer. If so approved, the commission and the district board shall enter into an agreement under which the board, in each of twenty-three consecutive years beginning in the year in which the board and the commission enter into the project agreement under section 3318.08 of the Revised Code, shall transfer into the maintenance fund required by division (D) of section 3318.05 of the Revised Code not less than an amount equal to one-half mill for each dollar of the district's valuation unless and until the agreement to make those transfers is rescinded by the district board pursuant to division (F) of this section.
(B) On the first day of July each year, or on an alternative date prescribed by the commission, the district treasurer shall certify to the commission and the auditor of state that the amount required for the year has been transferred. The auditor of state shall include verification of the transfer as part of any audit of the district under section 117.11 of the Revised Code. If the auditor of state finds that less than the required amount has been deposited into a district's maintenance fund, the auditor of state shall notify the district board of education in writing of that fact and require the board to deposit into the fund, within ninety days after the date of the notice, the amount by which the fund is deficient for the year. If the district board fails to demonstrate to the auditor of state's satisfaction that the board has made the deposit required in the notice, the auditor of state shall notify the department of education. At that time, the department shall withhold an amount equal to ten per cent of the district's funds calculated for the current fiscal year under Chapter 3317. of the Revised Code until the auditor of state notifies the department that the auditor of state is satisfied that the board has made the required transfer.
(C) Money transferred to the maintenance fund shall be used for the maintenance or, upon approval of the Ohio facilities construction commission, upgrade of the facilities acquired under the district's project.
(D) The transfers to the maintenance fund under this section does not affect a district's obligation to establish and maintain a capital and maintenance fund under section 3315.18 of the Revised Code.
(E) Any decision by the commission to approve or not approve the transfer of money under this section is final and not subject to appeal. The commission shall not be responsible for errors or miscalculations made in deciding whether to approve a petition to make transfers under this section.
(F) If the district board determines that it no longer can continue making the transfers agreed to under this section, the board may rescind the agreement only so long as the electors of the district have approved, in accordance with section 3318.063 of the Revised Code, the levy of a tax for the maintenance of the classroom facilities acquired under the district's project and that levy continues to be collected as approved by the electors. That levy shall be for a number of years that is equal to the difference between twenty-three years and the number of years that the district made transfers under this section and shall be at the rate of not less than one-half mill for each dollar of the district's valuation. The district board shall continue to make the transfers agreed to under this section until that levy has been approved by the electors.
Structure Ohio Revised Code
Title 33 | Education-Libraries
Chapter 3318 | School Facilities
Section 3318.01 | Bond Issues and Tax Levy Definitions.
Section 3318.011 | Ranking Districts in Order of Adjusted Valuation per Pupil From District.
Section 3318.02 | Periodic Assessment of Classroom Facility Needs - On-Site Visits.
Section 3318.022 | District Not Yet Eligible for State Assistance May Request Assessment.
Section 3318.024 | Use of Unspent and Unencumbered Funds.
Section 3318.031 | Commission to Consider Student and Staff Safety and Health.
Section 3318.032 | Portion of Basic Project Cost Supplied by School District.
Section 3318.033 | Recalculation of District Percentile Ranking.
Section 3318.034 | Division of District Classroom Needs Into Segments.
Section 3318.035 | Change of Assessment Rates on Gas Pipelines.
Section 3318.036 | Priority for Project Funding.
Section 3318.038 | Water Bottle Filling Stations and Drinking Fountains.
Section 3318.04 | Conditional Approval; Encumbering Funds.
Section 3318.041 | District May Adopt and Certify Proposed Project.
Section 3318.042 | Additional Assistance.
Section 3318.051 | Alternative Funding for State-Assisted Classroom Projects.
Section 3318.053 | Use of Tax Proceeds on Improvements Not Included in Basic Project Cost.
Section 3318.055 | Maintenance Tax Not Be Included on Ballot Proposal.
Section 3318.056 | Combining Questions on Tax Levy Ballot.
Section 3318.061 | Resolution Proposing Extension of Existing Tax Levy.
Section 3318.063 | Rescission of Alternative Funding Agreement - Tax Levy.
Section 3318.07 | Certification of Election Results to Tax Commissioner.
Section 3318.081 | Supplemental Agreement With Ohio Facilities Construction Commission.
Section 3318.082 | Supplemental Agreement for Distributing Certain Tax Proceeds.
Section 3318.083 | Sharing of Approved Increase in Basic Project Cost.
Section 3318.084 | Applying Local Donated Contribution Toward Project.
Section 3318.086 | Contingency Reserve.
Section 3318.091 | Issuing Bonds; Preparing of Plans and Estimates.
Section 3318.10 | Advertising and Awarding of Construction Bids.
Section 3318.112 | Standards for Solar-Ready Equipment.
Section 3318.12 | Transfer and Disbursement of Funds.
Section 3318.121 | Transfer of Earnings From Big-8 Project Fund to Special Fund.
Section 3318.13 | Including Balance Due in District Tax Budget.
Section 3318.14 | County Treasurer to Pay Proceeds of Tax Levy.
Section 3318.15 | Public School Building Fund.
Section 3318.17 | Rate and Maximum Period of Tax Levies.
Section 3318.18 | Statewide Average Valuation per Pupil - Half-Mill Equalization Fund.
Section 3318.20 | Constitutionality.
Section 3318.21 | Educational Revitalization of Certain Districts Definitions.
Section 3318.25 | School Building Program Assistance Fund.
Section 3318.26 | Issuing Obligations of State.
Section 3318.28 | Alternative, Supplemental Provisions.
Section 3318.29 | Maximum Maturity and Terms of Obligations.
Section 3318.351 | School Building Emergency Assistance Program.
Section 3318.36 | School Building Assistance Expedited Local Partnership Program.
Section 3318.361 | Proposing Tax Levy for Expedited Local Partnership Program Purposes.
Section 3318.362 | Term of Bonds.
Section 3318.363 | Tax Valuation Decrease.
Section 3318.37 | Exceptional Needs School Facilities Assistance Program.
Section 3318.38 | Accelerated Urban School Building Assistance Program.
Section 3318.39 | 1:1 School Facilities Option Program.
Section 3318.40 | Vocational School Facilities Assistance Program.
Section 3318.41 | Annual Assessment of Needs.
Section 3318.42 | Selecting Districts for Assistance.
Section 3318.43 | Moneys Dedicated to Maintenance of Classroom Facilities.
Section 3318.44 | Generating District's Portion of Basic Project Cost.
Section 3318.47 | Transfer of Amounts to Rc 3318.15 Fund.
Section 3318.48 | Certificate of Completion.
Section 3318.49 | Corrective Action Program.
Section 3318.50 | Community School Classroom Facilities Loan Guarantee Program.
Section 3318.52 | Community School Classroom Facilities Loan Guarantee Fund.
Section 3318.60 | College-Preparatory Boarding School Facilities Program.
Section 3318.62 | Agreements to Provide Facilities Assistance; Mandatory Stipulations.
Section 3318.70 | Funding to Assist Stem Schools in the Acquisition of Classroom Facilities.