Bill Text: OH HB386 | 2013-2014 | 130th General Assembly | Comm Sub

Ohio House Bill 386 (Prior Session Legislation)

Bill Title: To expand the work-related expenses that may be paid for by use of a credit card held by a board of county commissioners or the office of another county appointing authority.

Spectrum: Strong Partisan Bill (Republican 18-1)

Status: (Introduced - Dead) 2014-02-26 - Committee Report - A [HB386 Detail]

Download: Ohio-2013-HB386-Comm_Sub.html

As Reported by the House State and Local Government Committee

130th General Assembly

Regular Session

2013-2014

Am. H. B. No. 386

Representative Burkley

Cosponsors: Representatives Grossman, Buchy, Becker, Boose, Brenner, Brown, Butler, Duffey, Hackett, Hill, McClain, Perales, Ruhl, Scherer, Terhar, Thompson, Sprague, Stebelton

A BILL

To amend section 301.27 of the Revised Code to expand

the work-related expenses that may be paid for by

use of a credit card held by a board of county

commissioners or the office of another county

appointing authority.

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

Section 1. That section 301.27 of the Revised Code be amended	6
to read as follows:	7

Sec. 301.27. (A) As used in this section:

(1) "Credit card" includes gasoline and telephone credit	9
cards but excludes any procurement card authorized under section	10
301.29 of the Revised Code.	11

(2) "Officer" includes an individual who also is an	12
appointing authority.	13

(3) "Gasoline and oil expenses" and "motor vehicle repair and	14
maintenance expenses" refer to only those expenses incurred for	15
motor vehicles owned or leased by the county.	16

(B)(1) A credit card held by a board of county commissioners	17
or the office of any other county appointing authority shall be	18
used only to pay the following work-related expenses:	19

(a) Food expenses;

(b) Transportation expenses;

(d) Motor vehicle repair and maintenance expenses;

(e) Telephone expenses;

(f) Lodging expenses;

(g) Internet service provider expenses;

(h) In the case of a public children services agency,	27
expenses for purchases for children for whom the agency is	28
providing temporary emergency care pursuant to section 5153.16 of	29
the Revised Code, children in the temporary or permanent custody	30
of the agency, and children in a planned permanent living	31
arrangement;	32

(i) Webinar expenses;

(j) The expenses for purchases of automatic or electronic	34
data processing or record-keeping equipment, software, or	35
services, provided that, in a county that has established an	36
automatic data processing board, the county office and the county	37
officer or employee authorized to use the credit card comply with	38
sections 307.84 to 307.847 of the Revised Code. The expenses paid	39
by a credit card under division (B)(1)(j) of this section shall	40
not exceed ten thousand dollars per quarter, unless the board of	41
county commissioners adopts a resolution approving the payment by	42
credit card of such expenses that exceed that amount during that	43
time period.	44

(2) No late charges or finance charges shall be allowed as an	45
allowable expense unless authorized by the board of county	46
commissioners.	47

(C) A county appointing authority may apply to the board of	48
county commissioners for authorization to have an officer or	49
employee of the appointing authority use a credit card held by	50
that appointing authority. The authorization request shall state	51
whether the card is to be issued only in the name of the office of	52
the appointing authority or whether the issued card also shall	53
include the name of a specified officer or employee.	54

(D) The debt incurred as a result of the use of a credit card	55
pursuant to this section shall be paid from moneys appropriated to	56
specific appropriation line items of the appointing authority for	57
work-related expenses listed in division (B)(1) of this section.	58

(E)(1) Except as otherwise provided in division (E)(2) of	59
this section, every officer or employee authorized to use a credit	60
card held by the board or appointing authority shall submit to the	61
board by the first day of each month an estimate of the officer's	62
or employee's work-related expenses listed in division (B)(1) of	63
this section for that month along with the specific appropriation	64
line items from which those expenditures are to be made, unless	65
the board authorizes, by resolution, the officer or employee to	66
submit to the board such an estimate for a period longer than one	67
month. The board may revise the estimate and determine the amount	68
it approves, if any, not to exceed the estimated amount. The board	69
shall certify the amount of its determination to the county	70
auditor along with the specific appropriation line items from	71
which the expenditures are to be made. After receiving	72
certification from the county auditor that the determined sum of	73
money is in the treasury or in the process of collection to the	74
credit of the specific appropriation line items for which the	75
credit card is approved for use, and is free from previous and	76
then-outstanding obligations or certifications, the board shall	77
authorize the officer or employee to incur debt for the expenses	78
against the county's credit up to the authorized amount.	79

(2) In lieu of following the procedure set forth in division	80
(E)(1) of this section, a board of county commissioners may adopt	81
a resolution authorizing an officer or employee of an appointing	82
authority to use a county credit card to pay for specific classes	83
of the work-related expenses listed in division (B)(1) of this	84
section, or use a specific credit card for any of those	85
work-related expenses listed in division (B)(1) of this section,	86
without submitting an estimate of those expenses to the board as	87
required by division (E)(1) of this section. Prior to adopting the	88
resolution, the board shall notify the county auditor. The	89
resolution shall specify whether the officer's or employee's	90
exemption extends to the use of a specific credit card, which card	91
shall be identified by its number, or to one or more specific	92
work-related uses from the classes of uses permitted under	93
division (B)(1) of this section. Before any credit card exempted	94
for specific uses may be used to make purchases for uses other	95
than those specific uses listed in the resolution, the procedures	96
outlined in division (E)(1) of this section must be followed or	97
the use shall be considered an unauthorized use. Use of any credit	98
card under division (E)(2) of this section shall be limited to the	99
amount appropriated and encumbered in a specific appropriation	100
line item for the permitted use or uses designated in the	101
authorizing resolution, or, in the case of a resolution that	102
authorizes use of a specific credit card, for each of the	103
permitted uses listed in division (B) of this section, but only to	104
the extent the moneys in those specific appropriation line items	105
are not otherwise encumbered.	106

(F)(1) Any time a county credit card approved for use for an	107
authorized amount under division (E)(1) of this section is used	108
for more than that authorized amount, the appointing authority may	109
request the board of county commissioners to authorize after the	110
fact the expenditure of any amount charged beyond the originally	111
authorized amount if, upon the board's request, the county auditor	112
certifies that sum of money is in the treasury or in the process	113
of collection to the credit of the appropriate appropriation line	114
item for which the credit card was used, and is free from previous	115
and then-outstanding obligations or certifications. If the card is	116
used for more than the amount originally authorized and if for any	117
reason that amount is not authorized after the fact, the county	118
treasury shall be reimbursed for any amount spent beyond the	119
originally authorized amount in the following manner:	120

(a) If the card is issued in the name of a specific officer	121
or employee, that officer or employee is liable in person and upon	122
any official bond the officer or employee has given to the county	123
to reimburse the county treasury for the amount charged to the	124
county beyond the originally authorized amount.	125

(b) If the card is issued to the office of the appointing	126
authority, the appointing authority is liable in person and upon	127
any official bond the appointing authority has given to the county	128
for the amount charged to the county beyond the originally	129
authorized amount.	130

(2) Any time a county credit card authorized for use under	131
division (E)(2) of this section is used for more than the amount	132
appropriated under that division, the county treasury shall be	133
reimbursed for any amount spent beyond the originally appropriated	134
amount in the following manner:	135

(a) If the card is issued in the name of a specific officer	136
or employee, that officer or employee is liable in person and upon	137
any official bond the officer or employee has given to the county	138
for reimbursing the county treasury for any amount charged on the	139
card beyond the originally appropriated amount.	140

(b) If the card is issued in the name of the office of the	141
appointing authority, the appointing authority is liable in person	142
and upon any official bond the appointing authority has given to	143
the county for reimbursement for any amount charged on the card	144
beyond the originally appropriated amount.	145

(3) Whenever any officer or employee who is authorized to use	146
a credit card held by the board or the office of any other county	147
appointing authority suspects the loss, theft, or possibility of	148
unauthorized use of the card, the officer or employee shall notify	149
the county auditor and either the officer's or employee's	150
appointing authority or the board immediately and in writing.	151

(4) If the county auditor determines there has been a credit	152
card expenditure beyond the appropriated or authorized amount as	153
provided in division (E) of this section, the auditor immediately	154
shall notify the board of county commissioners. When the board	155
determines, on its own or after notification from the county	156
auditor, that the county treasury should be reimbursed for credit	157
card expenditures beyond the appropriated or authorized amount as	158
provided in divisions (F)(1) and (2) of this section, it shall	159
give written notice to the county auditor and to the officer or	160
employee or appointing authority liable to the treasury as	161
provided in those divisions. If, within thirty days after issuance	162
of the written notice, the county treasury is not reimbursed for	163
the amount shown on the written notice, the prosecuting attorney	164
of the county shall recover that amount from the officer or	165
employee or appointing authority who is liable under this section	166
by civil action in any court of appropriate jurisdiction.	167

(G) Use of a county credit card for any use other than those	168
permitted under division (B)(1) of this section is a violation of	169
section 2913.21 of the Revised Code.	170