2006 Ohio Revised Code - 3318.30. School facilities commission created.

§ 3318.30. School facilities commission created.
 

(A)  There is hereby created the Ohio school facilities commission. The commission shall administer the provision of financial assistance to school districts for the acquisition or construction of classroom facilities in accordance with sections 3318.01 to 3318.33 of the Revised Code. 
 

The commission is a body corporate and politic, an agency of state government and an instrumentality of the state, performing essential governmental functions of this state. The carrying out of the purposes and the exercise by the commission of its powers conferred by sections 3318.01 to 3318.33 of the Revised Code are essential public functions and public purposes of the state. The commission may, in its own name, sue and be sued, enter into contracts, and perform all the powers and duties given to it by sections 3318.01 to 3318.33 of the Revised Code, but it does not have and shall not exercise the power of eminent domain. In its discretion and as it determines appropriate, the commission may delegate to any of its members, executive director, or other employees any of the commission's powers and duties to carry out its functions. 

(B)  The commission shall consist of seven members, three of whom are voting members. The voting members of the commission shall be the director of the office of budget and management, the director of administrative services, and the superintendent of public instruction, or their designees. Of the nonvoting members, two shall be members of the senate appointed by the president of the senate, and two shall be members of the house of representatives appointed by the speaker of the house. Each of the appointees of the president, and each of the appointees of the speaker, shall be members of different political parties. 
 

Nonvoting members shall serve as members of the commission during the legislative biennium for which they are appointed, except that any such member who ceases to be a member of the legislative house from which the member was appointed shall cease to be a member of the commission. Each nonvoting member shall be appointed within thirty-one days of the end of the term of that member's predecessor. Such members may be reappointed. Vacancies of nonvoting members shall be filled in the manner provided for original appointments. 
 

Members of the commission shall serve without compensation. 
 

After the initial nonvoting members of the commission have been appointed, the commission shall meet and organize by electing voting members as the chairperson and vice-chairperson of the commission, who shall hold their offices until the next organizational meeting of the commission. Organizational meetings of the commission shall be held at the first meeting of each calendar year. At each organizational meeting, the commission shall elect from among its voting members a chairperson and vice-chairperson, who shall serve until the next annual organizational meeting. The commission shall adopt rules pursuant to section 111.15 of the Revised Code for the conduct of its internal business and shall keep a journal of its proceedings. Including the organizational meeting, the commission shall meet at least once each calendar quarter. 
 

Two voting members of the commission constitute a quorum, and the affirmative vote of two members is necessary for approval of any action taken by the commission. A vacancy in the membership of the commission does not impair a quorum from exercising all the rights and performing all the duties of the commission. Meetings of the commission may be held anywhere in the state and shall be held in compliance with section 121.22 of the Revised Code. 

(C)  The commission shall file an annual report of its activities and finances with the governor, speaker of the house of representatives, president of the senate, and chairpersons of the house and senate finance committees. 

(D)  The commission shall be exempt from the requirements of sections 101.82 to 101.87 of the Revised Code. 
 

HISTORY: 147 v S 102 (Eff 5-20-97); 148 v H 548. Eff 3-22-2001/D; 150 v H 95, § 1, eff. 9-26-03.
 

The effective date is set by section 179 of H.B. 95 (150 v  - ). 

The provisions of § 12 of HB 548 (148 v  - ) read as follows: 

SECTION 12. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of this act shall take effect on January 1, 2001. 
 

Å The effective date of section 1 of HB 548 (148 v  - ) differs from the effective date set for the section by section 12 of the act. See the provisions of OConst Art II, §§ 1c and d. 

 

Effect of Amendments

H.B. 95, Acts 2003, effective September 26, 2003, added the last sentence to the second paragraph of (A).