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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 129-2 | General Provisions

 
 
 
Rule
Rule 129-2-01 | Definitions.
 

(A) As used in these rules, "Sinking Fund" means the commissioners of the sinking fund provided for by Section 8 of Article VIII of the Ohio Constitution; "President" and "Secretary" means those officers of the sinking fund; "members" of the Sinking Fund means the governor, treasurer of state, auditor of state, secretary of state and attorney general, and officers who by law perform the functions of such offices during any vacancy therein, and as applicable includes designees acting pursuant to section 1557.03 of the Revised Code and these rules; and "designees" means those officers or employees designated and acting pursuant to section 1557.03 of the Revised Code and paragraph (A) of rule 129-2-02 of the Administrative Code.

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Rule 129-2-02 | Designated members to serve at meetings related to natural resources obligations issued under section 1557.03 of the Revised Code.
 

(A) For purposes of issuing obligations under section 1557.03 of the Revised Code, each of the state officers named in paragraph (A) of rule 129-2-01 of the Administrative Code may designate an officer or employee of that officer's office or department to attend meetings of the sinking fund when he is absent or unable for any reason to attend. Such designation shall be made in writing, signed by the designating state officer, and filed with the secretary. The secretary shall furnish forms for such designations. Each such designation is effective until and unless revoked by a writing signed by the designating officer and filed with the secretary or until a new designation is filed with the secretary in the manner provided above.

(B) Each designee who is present at a meeting shall, during such time as the state officer who designated him is absent, be counted in determining whether a quorum is present and may vote and participate in all proceedings and actions of the sinking fund, and shall perform the functions of the designating officer provided for by these rules at such meeting.

(C) A designee, as such, shall not execute or cause his facsimile signature to be placed on any obligation, or execute any trust agreement of the sinking fund.

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Rule 129-2-03 | Officers of sinking fund.
 

(A) The auditor shall serve as president and the secretary of state shall serve as secretary of the sinking fund.

(B) The president shall preside at all meetings of the sinking fund; decide all questions or order; and perform all duties conferred upon such officer by law, and such other duties as the sinking fund may from time to time prescribe or authorize. If the president is absent from a meeting, the members present shall select one of the members as president pro tempore for that meeting.

(C) The secretary shall keep minutes of all meetings of the sinking fund; be the custodian of, and shall provide facilities in his official office for the custody of all records, books, deeds, contracts, documents and papers of the sinking fund; give notice of all meetings of the sinking fund and any of its committees, including notice required by sinking fund rules adopted pursuant to section 121.22 of the Revised Code; and perform all duties conferred upon such officer by law, and such other duties as the sinking fund may from time to time prescribe or authorize. If the secretary is absent from a meeting, the members present shall select one of the members to act as secretary of the meeting.

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Rule 129-2-04 | Meetings.
 

(A) Regular meetings of the sinking fund shall be held at such dates, times and locations as shall be fixed or provided for by vote of the members of the sinking fund at a meeting of the sinking fund duly called and held. The secretary or secretary of the meeting shall give written notice of that action to absent members within twenty-four hours after adjournment of that meeting. Additional meetings may be called by the president or by the secretary or by any three members of the sinking fund.

(B) The president shall give members of the sinking fund written notice of the date, time and location of all meetings. Such notice shall be given by depositing it, at least forty-eight hours in advance of the meeting, in the United States mail in a postage prepaid envelope addressed to each of the members of the sinking fund at the official office of each member, or by delivering it, at least twenty-four hours in advance of the meeting, at the official office of each member. Such notice may be waived in writing, either before or after the meeting involved, by any of the members of the sinking fund not so notified, and shall be waived without necessity for such writing by the attendance of such member at such meeting. Such notice shall be given by the secretary if the secretary calls the meeting or by the three members who call a meeting.

(C) The president shall, whenever possible, deliver with the notice of a meeting provided for in paragraph (B) of rule 129-2-04 of the Administrative Code the propose agenda of the meeting. However, any business may be considered or acted upon at any meeting of the sinking fund whether or not set forth in the agenda of that meeting and whether or not an agenda of that meeting had been delivered to the members of the sinking fund prior to that meeting.

(D) Meetings of the sinking fund may be held at any location within the state of Ohio, provided that no meeting shall be held other than in Franklin county unless approved by vote of three members of the sinking fund at a previous meeting. Business of the sinking fund and of its committees shall be transacted only in meetings in compliance with section 121.22 of the Revised Code and the sinking fund's rule adopted pursuant to that section.

(E) Except as provided otherwise from time to time by law, or by rule, bylaw or other action of the sinking fund, proceedings of the sinking fund shall be governed by the parliamentary rules set forth in the then latest edition of Robert's Rules Of Order.

(F) The president shall determine the order of business for each meeting of the sinking fund.

(G) Three members of the sinking fund constitute a quorum and the affirmative vote of three members of the sinking fund is necessary for any action taken by a vote of the sinking fund.

(H) Any meeting of the sinking fund, whether or not a quorum is present, may be adjourned by the member, or by a majority of the members of the sinking fund, present at such meeting to a stated date, time and location, without necessity for further notice to any member of the sinking fund. The secretary shall make a reasonable effort to inform absent members of the sinking fund of the date, time and location of such adjourned meeting, but failure of such information for any reason shall not in any way affect the ability of a quorum of the sinking fund to act at such adjourned meeting on any matter coming before the sinking fund at such meeting.

(I) The minutes of each meeting of the sinking fund and of any sinking fund committee shall be promptly prepared, and filed and maintained in his office, by the secretary, and shall be open to public inspection. The minutes of each meeting of the sinking fund shall contain a record of all actions taken by vote of the sinking fund. The secretary shall furnish to each member of the sinking fund a copy of the minutes of a meeting of the sinking fund or any of its committees as soon after that meeting as is practical.

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Rule 129-2-05 | Semi-annual reports.
 

Semi-annual reports of the sinking fund, including the matters provided for in Section 11 of Article VIII of the Ohio Constitution and Section 129.22 of the Revised Code, shall be prepared by the sinking fund and submitted to the governor and the general assembly no later than forty-five days after June thirtieth and December thirty-first of each year. Copies of such reports shall be submitted to the members of the sinking fund.

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Rule 129-2-06 | Amendments.
 

These rules may be amended or repealed, in whole or in part, at any meeting of the sinking fund by the affirmative vote of three members of the sinking fund.

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