Bill Text: OH HB509 | 2011-2012 | 129th General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To make changes to the laws governing local governments, to expressly define "residential property" for the purpose of the existing limitation on tax exemption for such property under the tax increment financing law, to modify the requirements of arresting authorities and courts regarding venereal disease testing of individuals accused of certain offenses, to modify the manner in which funds are allocated from the Ohio Legal Aid Fund, to modify the deadline for the certification to the ballot of the major political parties' candidates for president and vice-president for the November 6, 2012, general election, and to declare an emergency.

Spectrum: Strong Partisan Bill (Republican 34-3)

Status: (Passed) 2012-09-28 - Effective Date [HB509 Detail]

Download: Ohio-2011-HB509-Comm_Sub.html
As Reported by the Senate State and Local Government and Veterans Affairs Committee

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 509


Representative Blair 

Cosponsors: Representatives Schuring, Amstutz, Anielski, Antonio, Baker, Beck, Blessing, Boose, Brenner, Combs, Conditt, Derickson, Garland, Grossman, Hackett, Hagan, C., Hill, Mallory, McClain, Newbold, Pelanda, Ruhl, Sears, Thompson, Uecker, Young Speaker Batchelder 

Senator LaRose 

A BILL
To amend sections 9.833, 118.023, 118.06, 118.31, 1
120.08, 120.53, 124.42, 305.171, 307.12, 307.86, 2
307.861, 307.87, 307.88, 308.13, 329.40, 505.60, 3
505.601, 505.603, 511.23, 703.21, 731.141, 735.05, 4
737.03, 749.26, 749.28, 749.31, 753.15, 755.29, 5
755.30, 1545.07, 2907.27, 3316.04, 3316.06, 6
3709.08, 3709.28, 3709.36, 3729.05, 4123.41, 7
5301.68, 5301.69, 5705.392, 5705.41, 5715.13, 8
5715.19, 6115.20, 6119.02, and 6119.10, to enact 9
sections 125.183, 319.09, and 505.012, and to 10
repeal sections 507.07 and 3709.081 of the Revised 11
Code to make changes to the laws governing local 12
governments, to modify the requirements of 13
arresting authorities and courts regarding 14
venereal disease testing of individuals accused of 15
certain offenses, to modify the manner in which 16
funds are allocated from the Ohio Legal Aid Fund, 17
to modify the deadline for the certification to 18
the ballot of the major political parties' 19
candidates for president and vice-president for 20
the November 6, 2012, general election, and to 21
declare an emergency. 22


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

       Section 1. That sections 9.833, 118.023, 118.06, 118.31, 23
120.08, 120.53, 124.42, 305.171, 307.12, 307.86, 307.861, 307.87, 24
307.88, 308.13, 329.40, 505.60, 505.601, 505.603, 511.23, 703.21, 25
731.141, 735.05, 737.03, 749.26, 749.28, 749.31, 753.15, 755.29, 26
755.30, 1545.07, 2907.27, 3316.04, 3316.06, 3709.08, 3709.28, 27
3709.36, 3729.05, 4123.41, 5301.68, 5301.69, 5705.392, 5705.41, 28
5715.13, 5715.19, 6115.20, 6119.02, and 6119.10 be amended and 29
sections 125.183, 319.09, and 505.012 of the Revised Code be 30
enacted to read as follows:31

       Sec. 9.833.  (A) As used in this section, "political 32
subdivision" has the meaning defined in sections 2744.01 and 33
3905.36 of the Revised Code. For purposes of this section, 34
"political subdivision" includes municipal corporations as defined 35
in section 5705.01 of the Revised Code. 36

       (B) Political subdivisions that provide health care benefits 37
for their officers or employees may do any of the following:38

       (1) Establish and maintain an individual self-insurance 39
program with public moneys to provide authorized health care 40
benefits, including but not limited to, health care, prescription 41
drugs, dental care, and vision care, in accordance with division 42
(C) of this section;43

       (2) Establish and maintain a health savings account program 44
whereby employees or officers may establish and maintain health 45
savings accounts in accordance with section 223 of the Internal 46
Revenue Code. Public moneys may be used to pay for or fund 47
federally qualified high deductible health plans that are linked 48
to health savings accounts or to make contributions to health 49
savings accounts. A health savings account program may be a part 50
of a self-insurance program.51

       (3) After establishing an individual self-insurance program, 52
agree with other political subdivisions that have established 53
individual self-insurance programs for health care benefits, that 54
their programs will be jointly administered in a manner specified 55
in the agreement;56

       (4) Pursuant to a written agreement and in accordance with 57
division (C) of this section, join in any combination with other 58
political subdivisions to establish and maintain a joint 59
self-insurance program to provide health care benefits;60

       (5) Pursuant to a written agreement, join in any combination 61
with other political subdivisions to procure or contract for 62
policies, contracts, or plans of insurance to provide health care 63
benefits, which may include a health savings account program for 64
their officers and employees subject to the agreement;65

       (6) Use in any combination any of the policies, contracts, 66
plans, or programs authorized under this division.67

       (7) Any agreement made under divisionsdivision (B)(3), (4), 68
(5), or (6) of this section shall be in writing, comply with 69
division (C) of this section, and contain best practices 70
established in consultation with and approved by the department of 71
administrative services. The best practices may be reviewed and 72
amended at the discretion of the political subdivisions in 73
consultation with the department. Detailed information regarding 74
the best practices shall be made available to any employee upon 75
that employee's request.76

       (8) Purchase plans approved by the department of 77
administrative services under section 9.901 of the Revised Code.78

       (C) Except as otherwise provided in division (E) of this 79
section, the following apply to individual or joint self-insurance 80
programs established pursuant to this section:81

       (1) Such funds shall be reserved as are necessary, in the 82
exercise of sound and prudent actuarial judgment, to cover 83
potential cost of health care benefits for the officers and 84
employees of the political subdivision. A certified audited 85
financial statement and a report of amounts so reserved and 86
disbursements made from such funds, together with a written report 87
of a member of the American academy of actuaries certifying 88
whether the amounts reserved conform to the requirements of this 89
division, are computed in accordance with accepted loss reserving 90
standards, and are fairly stated in accordance with sound loss 91
reserving principles, shall be prepared and maintained, within 92
ninety days after the last day of the fiscal year of the entity 93
for which the report is provided for that fiscal year, in the 94
office of the program administrator described in division (C)(3) 95
of this section.96

       The report required by division (C)(1) of this section shall 97
include, but not be limited to, disbursements made for the 98
administration of the program, including claims paid, costs of the 99
legal representation of political subdivisions and employees, and 100
fees paid to consultants. 101

       The program administrator described in division (C)(3) of 102
this section shall make the report required by this division 103
available for inspection by any person at all reasonable times 104
during regular business hours, and, upon the request of such 105
person, shall make copies of the report available at cost within a 106
reasonable period of time. The program administrator shall further 107
provide the report to the auditor of state under Chapter 117. of 108
the Revised Code.109

       (2) Each political subdivision shall reserve funds necessary 110
for an individual or joint self-insurance program in a special 111
fund that may be established for political subdivisions other than 112
an agency or instrumentality pursuant to an ordinance or 113
resolution of the political subdivision and not subject to section 114
5705.12 of the Revised Code. An agency or instrumentality shall 115
reserve the funds necessary for an individual or joint 116
self-insurance program in a special fund established pursuant to a 117
resolution duly adopted by the agency's or instrumentality's 118
governing board. The political subdivision may allocate the costs 119
of insurance or any self-insurance program, or both, among the 120
funds or accounts established under this division on the basis of 121
relative exposure and loss experience.122

       (3) A contract may be awarded, without the necessity of 123
competitive bidding, to any person, political subdivision, 124
nonprofit corporation organized under Chapter 1702. of the Revised 125
Code, or regional council of governments created under Chapter 126
167. of the Revised Code for purposes of administration of an 127
individual or joint self-insurance program. No such contract shall 128
be entered into without full, prior, public disclosure of all 129
terms and conditions. The disclosure shall include, at a minimum, 130
a statement listing all representations made in connection with 131
any possible savings and losses resulting from the contract, and 132
potential liability of any political subdivision or employee. The 133
proposed contract and statement shall be disclosed and presented 134
at a meeting of the political subdivision not less than one week 135
prior to the meeting at which the political subdivision authorizes 136
the contract.137

       A contract awarded to a nonprofit corporation or a regional 138
council of governments under this division may provide that all 139
employees of the nonprofit corporation or regional council of 140
governments and, the employees of all entities related to the 141
nonprofit corporation or regional council of governments, and the 142
employees of other nonprofit corporations that have fifty or fewer 143
employees and have been organized for the primary purpose of 144
representing the interests of political subdivisions, may be 145
covered by the individual or joint self-insurance program under 146
the terms and conditions set forth in the contract.147

       (4) The individual or joint self-insurance program shall 148
include a contract with a certified public accountant and a member 149
of the American academy of actuaries for the preparation of the 150
written evaluations required under division (C)(1) of this 151
section.152

       (5) A joint self-insurance program may allocate the costs of 153
funding the program among the funds or accounts established under 154
this division to the participating political subdivisions on the 155
basis of their relative exposure and loss experience.156

       (6) An individual self-insurance program may allocate the 157
costs of funding the program among the funds or accounts 158
established under this division to the political subdivision that 159
established the program.160

       (7) Two or more political subdivisions may also authorize the 161
establishment and maintenance of a joint health care cost 162
containment program, including, but not limited to, the employment 163
of risk managers, health care cost containment specialists, and 164
consultants, for the purpose of preventing and reducing health 165
care costs covered by insurance, individual self-insurance, or 166
joint self-insurance programs.167

       (8) A political subdivision is not liable under a joint 168
self-insurance program for any amount in excess of amounts payable 169
pursuant to the written agreement for the participation of the 170
political subdivision in the joint self-insurance program. Under a 171
joint self-insurance program agreement, a political subdivision 172
may, to the extent permitted under the written agreement, assume 173
the risks of any other political subdivision. A joint 174
self-insurance program established under this section is deemed a 175
separate legal entity for the public purpose of enabling the 176
members of the joint self-insurance program to obtain insurance or 177
to provide for a formalized, jointly administered self-insurance 178
fund for its members. An entity created pursuant to this section 179
is exempt from all state and local taxes.180

       (9) Any political subdivision, other than an agency or 181
instrumentality, may issue general obligation bonds, or special 182
obligation bonds that are not payable from real or personal 183
property taxes, and may also issue notes in anticipation of such 184
bonds, pursuant to an ordinance or resolution of its legislative 185
authority or other governing body for the purpose of providing 186
funds to pay expenses associated with the settlement of claims, 187
whether by way of a reserve or otherwise, and to pay the political 188
subdivision's portion of the cost of establishing and maintaining 189
an individual or joint self-insurance program or to provide for 190
the reserve in the special fund authorized by division (C)(2) of 191
this section.192

       In its ordinance or resolution authorizing bonds or notes 193
under this section, a political subdivision may elect to issue 194
such bonds or notes under the procedures set forth in Chapter 133. 195
of the Revised Code. In the event of such an election, 196
notwithstanding Chapter 133. of the Revised Code, the maturity of 197
the bonds may be for any period authorized in the ordinance or 198
resolution not exceeding twenty years, which period shall be the 199
maximum maturity of the bonds for purposes of section 133.22 of 200
the Revised Code.201

       Bonds and notes issued under this section shall not be 202
considered in calculating the net indebtedness of the political 203
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of 204
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are 205
hereby made applicable to bonds or notes authorized under this 206
section.207

       (10) A joint self-insurance program is not an insurance 208
company. Its operation does not constitute doing an insurance 209
business and is not subject to the insurance laws of this state.210

       (D) A political subdivision may procure group life insurance 211
for its employees in conjunction with an individual or joint 212
self-insurance program authorized by this section, provided that 213
the policy of group life insurance is not self-insured.214

       (E) This section does not apply to individual self-insurance 215
programs created solely by municipal corporations as defined in 216
section 5705.01 of the Revised Code.217

       (F) A public official or employee of a political subdivision 218
who is or becomes a member of the governing body of the program 219
administrator of a joint self-insurance program in which the 220
political subdivision participates is not in violation of division 221
(D) or (E) of section 102.03, division (C) of section 102.04, or 222
section 2921.42 of the Revised Code as a result of either of the 223
following:224

       (1) The political subdivision's entering under this section 225
into the written agreement to participate in the joint 226
self-insurance program;227

       (2) The political subdivision's entering under this section 228
into any other contract with the joint self-insurance program.229

       Sec. 118.023.  (A) Upon determining that one or more of the 230
conditions described in section 118.022 of the Revised Code are 231
present, the auditor of state shall issue a written declaration of 232
the existence of a fiscal watch to the municipal corporation, 233
county, or township and the county budget commission. The fiscal 234
watch shall be in effect until the auditor of state determines 235
that none of the conditions are any longer present and cancels the 236
watch, or until the auditor of state determines that a state of 237
fiscal emergency exists. The auditor of state, or a designee, 238
shall provide such technical and support services to the municipal 239
corporation, county, or township after a fiscal watch has been 240
declared to exist as the auditor of state considers necessary. 241

       (B) Within one hundred twenty days after the day a written 242
declaration of the existence of a fiscal watch is issued under 243
division (A) of this section, the mayor of the municipal 244
corporation, the board of county commissioners of the county, or 245
the board of township trustees of the township for which a fiscal 246
watch was declared shall submit to the auditor of state a 247
financial recovery plan that shall identify actions to be taken to 248
eliminate all of the conditions described in section 118.022 of 249
the Revised Code, and shall include a schedule detailing the 250
approximate dates for beginning and completing the actions, and 251
include a five-year forecast reflecting the effects of the 252
actions. The financial recovery plan also shall evaluate the 253
feasibility of entering into shared services agreements with other 254
political subdivisions for the joint exercise of any power, 255
performance of any function, or rendering of any service, if so 256
authorized by statute. The financial recovery plan is subject to 257
review and approval by the auditor of state. The auditor of state 258
may extend the amount of time by which a financial recovery plan 259
is required to be filed, for good cause shown.260

        (C) If a feasible financial recovery plan for a municipal 261
corporation, county, or township for which a fiscal watch was 262
declared is not submitted within the time period prescribed by 263
division (B) of this section, or within any extension of time 264
thereof, the auditor of state shall declare that a fiscal 265
emergency condition exists under section 118.04 of the Revised 266
Code in the municipal corporation, county, or township.267

       Sec. 118.06.  (A) Within one hundred twenty days after the 268
first meeting of the commission, the mayor of the municipal 269
corporation or the board of county commissioners or board of 270
township trustees shall submit to the commission a detailed 271
financial plan, as approved or amended and approved by ordinance 272
or resolution of the legislative authority, containing the 273
following:274

       (1) Actions to be taken by the municipal corporation, county, 275
or township to:276

       (a) Eliminate all fiscal emergency conditions determined to 277
exist pursuant to section 118.04 of the Revised Code;278

       (b) Satisfy any judgments, past due accounts payable, and all 279
past due and payable payroll and fringe benefits;280

       (c) Eliminate the deficits in all deficit funds;281

       (d) Restore to construction funds and other special funds 282
moneys from such funds that were used for purposes not within the 283
purposes of such funds, or borrowed from such construction funds 284
by the purchase of debt obligations of the municipal corporation, 285
county, or township with the moneys of such funds, or missing from 286
the construction funds or such special funds and not accounted 287
for;288

       (e) Balance the budgets, avoid future deficits in any funds, 289
and maintain current payments of payroll, fringe benefits, and all 290
accounts;291

       (f) Avoid any fiscal emergency condition in the future;292

       (g) Restore the ability of the municipal corporation, county, 293
or township to market long-term general obligation bonds under 294
provisions of law applicable to municipal corporations, counties, 295
or townships generally.296

       (2) The legal authorities permitting the municipal 297
corporation, county, or township to take the actions enumerated 298
pursuant to division (A)(1) of this section;299

       (3) The approximate dates of the commencement, progress upon, 300
and completion of the actions enumerated pursuant to division 301
(A)(1) of this section, a five-year forecast reflecting the 302
effects of those actions, and a reasonable period of time expected 303
to be required to implement the plan. The municipal corporation, 304
county, or township, in consultation with the commission and the 305
financial supervisor, shall prepare a reasonable time schedule for 306
progress toward and achievement of the requirements for the 307
financial plan and the financial plan shall be consistent with 308
that time schedule.309

       (4) The amount and purpose of any issue of debt obligations 310
that will be issued, together with assurances that any such debt 311
obligations that will be issued will not exceed debt limits 312
supported by appropriate certifications by the fiscal officer of 313
the municipal corporation, county, or township and the county 314
auditor;315

       (5) Assurances that the municipal corporation, county, or 316
township will establish monthly levels of expenditures and 317
encumbrances pursuant to division (B)(2) of section 118.07 of the 318
Revised Code;319

       (6) Assurances that the municipal corporation, county, or 320
township will conform to statutes with respect to tax budgets and 321
appropriation measures;322

       (7) The detail, the form, and the supporting information that 323
the commission may direct;324

       (8) An evaluation of the feasibility of entering into shared 325
services agreements with other political subdivisions for the 326
joint exercise of any power, performance of any function, or 327
rendering of any service, if so authorized by statute.328

       (B) The financial plan developed pursuant to division (A) of 329
this section shall be filed with the financial supervisor and the 330
financial planning and supervision commission and shall be updated 331
annually. After consultation with the financial supervisor, the 332
commission shall either approve or reject any initial or 333
subsequent financial plan. If the commission rejects the initial 334
or any subsequent financial plan, it shall forthwith inform the 335
mayor and legislative authority of the municipal corporation or 336
the board of county commissioners or board of township trustees of 337
the reasons for its rejection. Within thirty days after the 338
rejection of any plan, the mayor with the approval of the 339
legislative authority by the passage of an ordinance or 340
resolution, or the board of county commissioners or board of 341
township trustees, shall submit another plan meeting the 342
requirements of divisions (A)(1) to (7) of this section, to the 343
commission and the financial supervisor for approval or rejection 344
by the commission.345

       (C) Any initial or subsequent financial plan passed by the 346
municipal corporation, county, or township shall be approved by 347
the commission if it complies with divisions (A)(1) to (7) of this 348
section, and if the commission finds that the plan is bona fide 349
and can reasonably be expected to be implemented within the period 350
specified in the plan.351

       (D) Any financial plan may be amended subsequent to its 352
adoption in the same manner as the passage and approval of the 353
initial or subsequent plan pursuant to divisions (A) to (C) of 354
this section.355

       (E) If a municipal corporation, county, or township fails to 356
submit a financial plan as required by this section, or fails to 357
substantially comply with an approved financial plan, upon 358
certification of the commission, the commission shall notify the 359
office of budget and management and all state funding for that 360
municipal corporation, county, or township other than benefit 361
assistance to individuals shall be escrowedwithheld until 362
subsequent notification from the commission to the office of 363
budget and management that a feasible plan ishas been submitted 364
and approved or substantial compliance with the plan ishas been365
achieved, as the case may be. Upon receipt of the subsequent 366
notification, the office of budget and management shall release 367
all funds withheld from the political subdivision under this 368
section.369

       Sec. 118.31.  (A) Upon petition of the financial supervisor 370
and approval of the financial planning and supervision commission, 371
if any, the attorney general shall file a legal action in the372
court actionof common pleas on behalf of the state to dissolve a 373
municipal corporation or township if all of the following 374
conditions apply:375

       (1) The municipal corporation or township has a population of 376
less than five thousand as of the most recent federal decennial 377
census.378

       (2) The municipal corporation or township has been under a 379
fiscal emergency for at least four consecutive years.380

       (3) Implementation of the financial plan of the municipal 381
corporation or township required under this chapter cannot 382
reasonably be expected to correct and eliminate all fiscal 383
emergency conditions within five years.384

       (B) The court of common pleas shall hold a hearing within 385
ninety days after the date on which the attorney general files the 386
legal action with the court. Notice of the hearing shall be filed 387
with the attorney general, the clerk of the village or the fiscal 388
officer of the township that is the subject of the action, and 389
each fiscal officer of a township located wholly or partly within 390
the village subject to dissolution.391

        (C) If the court finds that all of the conditions described 392
in division (A) of this section apply to the municipal corporation 393
or township, it shall appoint a receiver. The receiver, under 394
court supervision, shall work with executive and legislative 395
officers of the municipal corporation or township to wind up the 396
affairs of and dissolve the municipal corporation in accordance 397
with section 703.21 of the Revised Code or the township in 398
accordance with the process in section 503.02 and sections 503.17 399
to 503.21 of the Revised Code.400

       Sec. 120.08.  There is hereby created in the state treasury 401
the indigent defense support fund, consisting of money paid into 402
the fund pursuant to sections 4507.45, 4509.101, 4510.22, and 403
4511.19 of the Revised Code and pursuant to sections 2937.22, 404
2949.091, and 2949.094 of the Revised Code out of the additional 405
court costs imposed under those sections. The state public 406
defender shall use at least ninetyeighty-eight per cent of the 407
money in the fund for the purposepurposes of reimbursing county 408
governments for expenses incurred pursuant to sections 120.18, 409
120.28, and 120.33 of the Revised Code and operating its system 410
pursuant to division (C)(7) of section 120.04 of the Revised Code 411
and division (B) of section 120.33 of the Revised Code. 412
Disbursements from the fund to county governments shall be made at 413
least once per year and shall be allocated proportionately so that 414
each county receives an equal percentage of its total cost for 415
operating its county public defender system, its joint county 416
public defender system, its county appointed counsel system, or 417
its system operated under division (C)(7) of section 120.04 of the 418
Revised Code and division (B) of section 120.33 of the Revised 419
Code. The state public defender may use not more than tentwelve420
per cent of the money in the fund for the purposes of appointing 421
assistant state public defenders or for, providing other 422
personnel, equipment, and facilities necessary for the operation 423
of the state public defender office, and providing training, 424
developing and implementing electronic forms, or establishing and 425
maintaining an information technology system used for the uniform 426
operation of this chapter.427

       Sec. 120.53.  (A) A legal aid society that operates within 428
the state may apply to the Ohio legal assistance foundation for 429
financial assistance from the legal aid fund established by 430
section 120.52 of the Revised Code to be used for the funding of 431
the society during the calendar year following the calendar year 432
in which application is made.433

       (B) An application for financial assistance made under 434
division (A) of this section shall be submitted by the first day 435
of November of the calendar year preceding the calendar year for 436
which financial assistance is desired and shall include all of the 437
following:438

       (1) Evidence that the applicant is incorporated in this state 439
as a nonprofit corporation;440

       (2) A list of the trustees of the applicant;441

       (3) The proposed budget of the applicant for these funds for 442
the following calendar year;443

       (4) A summary of the services to be offered by the applicant 444
in the following calendar year;445

       (5) A specific description of the territory or constituency 446
served by the applicant;447

       (6) An estimate of the number of persons to be served by the 448
applicant during the following calendar year;449

       (7) A general description of the additional sources of the 450
applicant's funding;451

       (8) The amount of the applicant's total budget for the 452
calendar year in which the application is filed that it will 453
expend in that calendar year for legal services in each of the 454
counties it serves;455

       (9) A specific description of any services, programs, 456
training, and legal technical assistance to be delivered by the 457
applicant or by another person pursuant to a contract with the 458
applicant, including, but not limited to, by private attorneys or 459
through reduced fee plans, judicare panels, organized pro bono 460
programs, and mediation programs.461

       (C) The Ohio legal assistance foundation shall determine 462
whether each applicant that filed an application for financial 463
assistance under division (A) of this section in a calendar year 464
is eligible for financial assistance under this section. To be 465
eligible for such financial assistance, an applicant shall satisfy 466
the criteria for being a legal aid society and shall be in 467
compliance with the provisions of sections 120.51 to 120.55 of the 468
Revised Code and with the rules and requirements the foundation 469
establishes pursuant to section 120.52 of the Revised Code. The 470
Ohio legal assistance foundation then, on or before the fifteenth 471
day of December of the calendar year in which the application is 472
filed, shall notify each such applicant, in writing, whether it is 473
eligible for financial assistance under this section, and if it is 474
eligible, estimate the amount that will be available for that 475
applicant for each six-month distribution period, as determined 476
under division (D) of this section.477

       (D) The Ohio legal assistance foundation shall allocate 478
moneys contained in the legal aid fund monthly for distribution to 479
applicants that filed their applications in the previous calendar 480
year and are determined to be eligible applicants.481

       All moneys contained in the fund on the first day of each 482
month shall be allocated, after deduction of the costs of 483
administering sections 120.51 to 120.55 and sections 1901.26, 484
1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised 485
Code that are authorized by section 120.52 of the Revised Code, 486
according to this section and shall be distributed accordingly not 487
later than the last day of the month following the month the 488
moneys were received. In making the allocations under this 489
section, the moneys in the fund that were generated pursuant to 490
sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 491
4705.10 of the Revised Code shall be apportioned as follows:492

       (1) After deduction of the amount authorized and used for 493
actual, reasonable administrative costs under section 120.52 of 494
the Revised Code:495

       (a) Five per cent of the moneys remaining in the fund shall 496
be reserved for use in the manner described in division (A) of 497
section 120.521 of the Revised Code or for distribution to legal 498
aid societies that provide assistance to special population groups 499
of their eligible clients, engage in special projects that have a 500
substantial impact on their local service area or on significant 501
segments of the state's poverty population, or provide legal 502
training or support to other legal aid societies in the state;503

       (b) After deduction of the amount described in division 504
(D)(1)(a) of this section, one and three-quarters per cent of the 505
moneys remaining in the fund shall be apportioned among entities 506
that received financial assistance from the legal aid fund prior 507
to the effective date of this amendmentJuly 1, 1993, but that, on 508
and after the effective date of this amendmentJuly 1, 1993, no 509
longer qualify as a legal aid society that is eligible for 510
financial assistance under this section.511

       (c) After deduction of the amounts described in divisions 512
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys 513
remaining in the fund shall be placed in the legal assistance 514
foundation fund for use in the manner described in division (A) of 515
section 120.521 of the Revised Code.516

       (2) After deduction of the actual, reasonable administrative 517
costs under section 120.52 of the Revised Code and after deduction 518
of the amounts identified in divisions (D)(1)(a), (b), and (c) of 519
this section, the remaining moneys shall be apportioned among the 520
counties that are served by eligible legal aid societies that have 521
applied for financial assistance under this section so that each 522
such county is apportioned a portion of those moneys, based upon 523
the ratio of the number of indigents who reside in that county to 524
the total number of indigents who reside in all counties of this 525
state that are served by eligible legal aid societies that have 526
applied for financial assistance under this section. Subject to 527
division (E) of this section, the moneys apportioned to a county 528
under this division then shall be allocated to the eligible legal 529
aid society that serves the county and that has applied for 530
financial assistance under this section. For purposes of this 531
division, the source of data identifying the number of indigent 532
persons who reside in a county shall be the most recent decennial 533
censusselected by the Ohio legal assistance foundation from the 534
best available figures frommaintained by the United States 535
department of commerce, division of census bureau.536

       (E) If the Ohio legal assistance foundation, in attempting to 537
make an allocation of moneys under division (D)(2) of this 538
section, determines that a county that has been apportioned money 539
under that division is served by more than one eligible legal aid 540
society that has applied for financial assistance under this 541
section, the Ohio legal assistance foundation shall allocate the 542
moneys that have been apportioned to that county under division 543
(D)(2) of this section among all eligible legal aid societies that 544
serve that county and that have applied for financial assistance 545
under this section on a pro rata basis, so that each such eligible 546
society is allocated a portion based upon the amount of its total 547
budget expended in the prior calendar year for legal services in 548
that county as compared to the total amount expended in the prior 549
calendar year for legal services in that county by all eligible 550
legal aid societies that serve that county and that have applied 551
for financial assistance under this section.552

       (F) Moneys allocated to eligible applicants under this 553
section shall be paid monthly beginning the calendar year 554
following the calendar year in which the application is filed.555

       (G)(1) A legal aid society that receives financial assistance 556
in any calendar year under this section shall file an annual 557
report with the Ohio legal assistance foundation detailing the 558
number and types of cases handled, and the amount and types of 559
legal training, legal technical assistance, and other service 560
provided, by means of that financial assistance. No information 561
contained in the report shall identify or enable the 562
identification of any person served by the legal aid society or in 563
any way breach client confidentiality.564

       (2) The Ohio legal assistance foundation shall make an annual 565
report to the governor, the general assembly, and the supreme 566
court on the distribution and use of the legal aid fund. The 567
foundation also shall include in the annual report an audited 568
financial statement of all gifts, bequests, donations, 569
contributions, and other moneys the foundation receives. No 570
information contained in the report shall identify or enable the 571
identification of any person served by a legal aid society, or in 572
any way breach confidentiality.573

       (H) A legal aid society may enter into agreements for the 574
provision of services, programs, training, or legal technical 575
assistance for the legal aid society or to indigent persons.576

       Sec. 124.42.  No person shall be eligible to receive an 577
original appointment as a firefighter in a fire department, 578
subject to the civil service laws of this state, unless the person 579
has reached the age of eighteen and has, not more than one hundred 580
twenty days prior to receiving such appointment, passed a physical 581
examination, given by a licensed physician, a pysicianphysician582
assistant, a clinical nurse specialist, a certified nurse 583
practitioner, or a certified nurse-midwife, certifying that the 584
applicant is free of cardiovascular and pulmonary diseases, and 585
showing that the person meets the physical requirements necessary 586
to perform the duties of a firefighter as established by the civil 587
service commission having jurisdiction over the appointment. The 588
appointing authority shall, prior to making any such appointment, 589
file with the Ohio police and fire pension fund a copy of the 590
report or findings of said licensed physician, physician 591
assistant, clinical nurse specialist, certified nurse 592
practitioner, or certified nurse-midwife. The professional fee for 593
such physical examination shall be paid by the civil service 594
commission. No person shall be eligible to receive an original 595
appointment on and after the person's thirty-firstforty-first596
birthday.597

       Notwithstanding this section, a municipal council may enact 598
an ordinance providing that a person between the age of eighteen 599
and thirty-sixforty may receive an original appointment to the 600
fire department, or the board of trustees of a civil service 601
township may do so by resolution. Nothing in this section shall 602
prevent a municipal corporation or civil service township from 603
establishing a fire cadet program and employing persons as fire 604
cadets at age eighteen for the purpose of training persons to 605
become firefighters. The board of trustees of a civil service 606
township may establish by resolution such a cadet program. A 607
person participating in a municipal or township fire cadet program 608
shall not be permitted to carry or use any firearm in the 609
performance of the person's duties.610

       Sec. 125.183.  (A)(1) There is hereby created the statewide 611
emergency services internet protocol network steering committee, 612
consisting of the following ten members:613

       (a) The state chief information officer or the officer's 614
designee;615

       (b) Two members of the house of representatives appointed by 616
the speaker, one from the majority party and one from the minority 617
party;618

       (c) Two members of the senate appointed by the president, one 619
from the majority party and one from the minority party;620

       (d) Five members appointed by the governor.621

       (2) In appointing the five members under division (A)(1)(d) 622
of this section, the governor shall appoint two representatives of 623
the county commissioners' association of Ohio or a successor 624
organization, two representatives of the Ohio municipal league or 625
a successor organization, and one representative of the Ohio 626
township association or a successor organization. For each of 627
these appointments, the governor shall consider a nominee proposed 628
by the association or successor organization. The governor may 629
reject any of the nominees and may request that a nominating 630
entity submit alternative nominees.631

       (3) Initial appointments shall be made not later than ten 632
days after the effective date of this section.633

       (B)(1) The state chief information officer or the officer's 634
designee shall serve as the chairperson of the committee and shall 635
be a nonvoting member. All other members shall be voting members.636

       (2) A member of the committee appointed from the membership 637
of the senate or the house of representatives shall serve during 638
the member's term as a member of the general assembly and until a 639
successor is appointed and qualified, notwithstanding adjournment 640
of the general assembly or the expiration of the member's term as 641
a member of the general assembly.642

       (3) The initial terms of one of the representatives of the 643
county commissioners' association of Ohio, one of the 644
representatives of the Ohio municipal league, and the 645
representative of the Ohio township association shall all expire 646
on December 31, 2016. The initial terms of the other 647
representatives of the county commissioners' association of Ohio 648
and the Ohio municipal league shall expire on December 31, 2014. 649
Thereafter, terms of the members appointed by the governor shall 650
be for four years, with each term ending on the same day of the 651
same month as the term it succeeds. Each member appointed by the 652
governor shall hold office from the date of the member's 653
appointment until the end of the term for which the member was 654
appointed, and may be reappointed. A member appointed by the 655
governor shall continue in office after the expiration date of the 656
member's term until the member's successor takes office or until a 657
period of sixty days has elapsed, whichever occurs first. Members 658
appointed by the governor shall serve without compensation and 659
shall not be reimbursed for expenses.660

       (4) A vacancy in the position of any member of the committee 661
shall be filled for the unexpired term in the same manner as the 662
original appointment.663

       (C) The committee shall generally advise the state on the 664
implementation, operation, and maintenance of a statewide 665
emergency services internet protocol network that would support 666
state and local government next-generation 9-1-1 and the dispatch 667
of emergency service providers. The committee shall do all of the 668
following:669

       (1) On or before November 15, 2012, deliver an initial report 670
to the speaker of the house of representatives, the president of 671
the senate, and the governor providing recommendations for the 672
state to address the development of a statewide emergency services 673
internet protocol network, including a review of the current 674
funding model for this state's 9-1-1 systems; 675

       (2) Examine the readiness of the state's current technology 676
infrastructure for a statewide emergency services internet 677
protocol network;678

       (3) Research legislative authority with regard to governance 679
and funding of a statewide emergency services internet protocol 680
network, and provide recommendations on best practices to limit 681
duplicative efforts to ensure an effective transition to 682
next-generation 9-1-1; 683

       (4) Make recommendations for consolidation of 684
public-safety-answering-point operations in this state, to 685
accommodate next-generation 9-1-1 technology and to facilitate a 686
more efficient and effective emergency services system;687

       (5) Recommend policies, procedures, and statutory or 688
regulatory authority to effectively govern a statewide emergency 689
services internet protocol network;690

       (6) Designate a next-generation 9-1-1 statewide coordinator 691
to serve as the primary point of contact for federal initiatives;692

       (7) Coordinate with statewide initiatives and associations 693
such as the state interoperable executive committee, the Ohio 694
geographically referenced information program council, the Ohio 695
multi-agency radio communications system steering committee, and 696
other interested parties. 697

       (D) The committee shall hold its inaugural meeting not later 698
than thirty days after the effective date of this section. 699
Thereafter, the committee shall meet at least once a month, either 700
in person or utilizing telecommunication-conferencing technology. 701
A majority of the voting members shall constitute a quorum.702

       (E)(1) The committee shall have a permanent 703
technical-standards subcommittee and a permanent 704
public-safety-answering-point-operations subcommittee, and may, 705
from time to time, establish additional subcommittees, to advise 706
and assist the committee based upon the subcommittees' areas of 707
expertise.708

       (2) The membership of subcommittees shall be determined by 709
the committee.710

       (a) The technical-standards subcommittee shall include one 711
member representing a wireline or wireless service provider that 712
participates in the state's 9-1-1 system, one representative of 713
the Ohio academic resources network, one representative of the 714
Ohio multi-agency radio communications system steering committee, 715
one representative of the Ohio geographically referenced 716
information program, and one member representing each of the 717
following associations selected by the committee from nominations 718
received from that association:719

       (i) The Ohio telephone association;720

       (ii) The Ohio chapter of the association of public-safety 721
communications officials;722

       (iii) The Ohio chapter of the national emergency number 723
association.724

       (b) The public-safety-answering-point-operations subcommittee 725
shall include one member representing the division of emergency 726
management of the department of public safety, one member 727
representing the state highway patrol, two members recommended by 728
the county commissioners' association of Ohio who are managers of 729
public safety answering points, two members recommended by the 730
Ohio municipal league who are managers of public safety answering 731
points, and one member from each of the following associations 732
selected by the committee from nominations received from that 733
association:734

       (i) The buckeye state sheriffs' association;735

       (ii) The Ohio association of chiefs of police;736

       (iii) The Ohio association of fire chiefs;737

       (iv) The Ohio chapter of the association of public-safety 738
communications officials;739

       (v) The Ohio chapter of the national emergency number 740
association.741

       (F) The committee is not an agency, as defined in section 742
101.82 of the Revised Code, for purposes of sections 101.82 to 743
101.87 of the Revised Code.744

       (G) As used in this section, "9-1-1 system," "wireless 745
service provider," "wireline service provider," "emergency service 746
provider," and "public safety answering point" have the same 747
meanings as in section 4931.40 of the Revised Code.748

       Sec. 305.171. The following applies until the department of 749
administrative services implements for counties the health care 750
plans under section 9.901 of the Revised Code. If those plans do 751
not include or address any benefits listed in division (A) of this 752
section, the following provisions continue in effect for those 753
benefits.754

       (A) The board of county commissioners of any county may 755
contract for, purchase, or otherwise procure and pay all or any 756
part of the cost of any of the following insurance, coverage, or 757
benefits issued by an insurance company or administered by a board 758
of county commissioners or a contractor, for county officers and 759
employees and their immediate dependents from the funds or budgets 760
from which the county officers or employees are compensated for 761
services:762

       (1) Group insurance policies that may provide any of the 763
following:764

       (a) Benefits including, but not limited to, hospitalization, 765
surgical care, major medical care, disability, dental care, eye 766
care, medical care, hearing aids, or prescription drugs;767

       (b) Sickness and accident insurance;768

       (c) Group legal services;769

       (d) Group life insurance.770

       (2) Any other qualified benefit available under section 125 771
of the "Internal Revenue Code of 1986," 26 U.S.C. 125;772

        (3) A health and wellness benefit program through which the 773
county provides a benefit or incentive to county officers, 774
employees, and their immediate dependents to maintain a healthy 775
lifestyle, including, but not limited to, programs to encourage 776
healthy eating and nutrition, exercise and physical activity, 777
weight control or the elimination of obesity, and cessation of 778
smoking or alcohol use.779

       (4) Any combination of any of the foregoing types of 780
insurance, coverage, or benefits.781

       (B) The board of county commissioners also may negotiate and 782
contract for any plan or plans of health care services with health 783
insuring corporations holding a certificate of authority under 784
Chapter 1751. of the Revised Code, provided that each county 785
officer or employee shall be permitted to do both of the 786
following:787

       (1) Exercise an option between a plan offered by an insurance 788
company and a plan or plans offered by health insuring 789
corporations under this division, on the condition that the county 790
officer or employee shall pay any amount by which the cost of the 791
plan chosen by the county officer or employee pursuant to this 792
division exceeds the cost of the plan offered under division (A) 793
of this section;794

       (2) Change from one of the plans to another at a time each 795
year as determined by the board.796

       (C) Section 307.86 of the Revised Code does not apply to the 797
purchase of benefits for county officers or employees under 798
divisions (A) and (B) of this section when those benefits are 799
provided through a jointly administered health and welfare trust 800
fund in which the county or contracting authority and a collective 801
bargaining representative of the county employees or contracting 802
authority agree to participate.803

       (D) The board of trustees of a jointly administered trust 804
fund that receives contributions pursuant to collective bargaining 805
agreements entered into between the board of county commissioners 806
of any county and a collective bargaining representative of the 807
employees of the county may provide for self-insurance of all risk 808
in the provision of fringe benefits, and may provide through the 809
self-insurance method specific fringe benefits as authorized by 810
the rules of the board of trustees of the jointly administered 811
trust fund. The fringe benefits may include, but are not limited 812
to, hospitalization, surgical care, major medical care, 813
disability, dental care, vision care, medical care, hearing aids, 814
prescription drugs, group life insurance, sickness and accident 815
insurance, group legal services, or a combination of any of the 816
foregoing types of insurance or coverage, for county employees and 817
their dependents.818

       (E) The board of county commissioners may provide the 819
benefits described in divisions (A) to (D) of this section through 820
an individual self-insurance program or a joint self-insurance 821
program as provided in section 9.833 of the Revised Code.822

       (F) When a board of county commissioners offers benefits 823
authorized under this section to a county officer or employee, the 824
board may offer the benefits through a cafeteria plan meeting the 825
requirements of section 125 of the "Internal Revenue Code of 826
1986," 100 Stat. 2085, 26 U.S.C.A. 125, as amended, and, as part 827
of that plan, may offer the county officer or employee the option 828
of receiving a cash payment in any form permissible under such 829
cafeteria plans. A cash payment made to a county officer or 830
employee under this division shall not exceed twenty-five per cent 831
of the cost of premiums or payments that otherwise would be paid 832
by the board for benefits for the county officer or employee under 833
a policy or plan.834

       (G) The board of county commissioners may establish a policy 835
authorizing any county appointing authority to make a cash payment 836
to any county officer or employee in lieu of providing a benefit 837
authorized under this section if the county officer or employee 838
elects to take the cash payment instead of the offered benefit. A 839
cash payment made to a county officer or employee under this 840
division shall not exceed twenty-five per cent of the cost of 841
premiums or payments that otherwise would be paid by the board for 842
benefits for the county officer or employee under an offered 843
policy or plan.844

       (H) No cash payment in lieu of a health benefit shall be made 845
to a county officer or employee under division (F) or (G) of this 846
section unless the county officer or employee signs a statement 847
affirming that the county officer or employee is covered under 848
another health insurance or health care policy, contract, or plan, 849
and setting forth the name of the employer, if any, that sponsors 850
the coverage, the name of the carrier that provides the coverage, 851
and the identifying number of the policy, contract, or plan.852

        (I) The legislative authority of a county-operated municipal 853
court, after consultation with the judges, or the clerk and deputy 854
clerks, of the municipal court, shall negotiate and contract for, 855
purchase, or otherwise procure, and pay the costs, premiums, or 856
charges for, group health care coverage for the judges, and group 857
health care coverage for the clerk and deputy clerks, in 858
accordance with section 1901.111 or 1901.312 of the Revised Code.859

       (J) As used in this section:860

       (1) "County officer or employee" includes, but is not limited 861
to, a member or employee of the county board of elections.862

       (2) "County-operated municipal court" and "legislative 863
authority" have the same meanings as in section 1901.03 of the 864
Revised Code.865

       (3) "Health care coverage" has the same meaning as in section 866
1901.111 of the Revised Code.867

       Sec. 307.12.  (A) Except as otherwise provided in divisions 868
(D), (E), and (G) of this section, when the board of county 869
commissioners finds, by resolution, that the county has personal 870
property, including motor vehicles acquired for the use of county 871
officers and departments, and road machinery, equipment, tools, or 872
supplies, that is not needed for public use, is obsolete, or is 873
unfit for the use for which it was acquired, and when the fair 874
market value of the property to be sold or donated under this 875
division is, in the opinion of the board, in excess of two 876
thousand five hundred dollars, the board may do either of the 877
following:878

       (1) Sell the property at public auction or by sealed bid to 879
the highest bidder. Notice of the time, place, and manner of the 880
sale shall be published in a newspaper of general circulation in 881
the county at least ten days prior to the sale, and a typewritten 882
or printed notice of the time, place, and manner of the sale shall 883
be posted at least ten days before the sale in the offices of the 884
county auditor and the board of county commissioners.885

       If a board conducts a sale of property by sealed bid, the 886
form of the bid shall be as prescribed by the board, and each bid 887
shall contain the name of the person submitting it. Bids received 888
shall be opened and tabulated at the time stated in the notice. 889
The property shall be sold to the highest bidder, except that the 890
board may reject all bids and hold another sale, by public auction 891
or sealed bid, in the manner prescribed by this section.892

       (2) Donate any motor vehicle that does not exceed four 893
thousand five hundred dollars in value to a nonprofit organization 894
exempt from federal income taxation pursuant to 26 U.S.C. 501(a) 895
and (c)(3) for the purpose of meeting the transportation needs of 896
participants in the Ohio works first program established under 897
Chapter 5107. of the Revised Code and participants in the 898
prevention, retention, and contingency program established under 899
Chapter 5108. of the Revised Code.900

       (B) When the board of county commissioners finds, by 901
resolution, that the county has personal property, including motor 902
vehicles acquired for the use of county officers and departments, 903
and road machinery, equipment, tools, or supplies, that is not 904
needed for public use, is obsolete, or is unfit for the use for 905
which it was acquired, and when the fair market value of the 906
property to be sold or donated under this division is, in the 907
opinion of the board, two thousand five hundred dollars or less, 908
the board may do either of the following:909

       (1) Sell the property by private sale, without advertisement 910
or public notification;911

       (2) Donate the property to an eligible nonprofit organization 912
that is located in this state and is exempt from federal income 913
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating 914
any property under this division, the board shall adopt a 915
resolution expressing its intent to make unneeded, obsolete, or 916
unfit-for-use county personal property available to these 917
organizations. The resolution shall include guidelines and 918
procedures the board considers necessary to implement a donation 919
program under this division and shall indicate whether the county 920
will conduct the donation program or the board will contract with 921
a representative to conduct it. If a representative is known when 922
the resolution is adopted, the resolution shall provide contact 923
information such as the representative's name, address, and 924
telephone number.925

       The resolution shall include within its procedures a 926
requirement that any nonprofit organization desiring to obtain 927
donated property under this division shall submit a written notice 928
to the board or its representative. The written notice shall 929
include evidence that the organization is a nonprofit organization 930
that is located in this state and is exempt from federal income 931
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of 932
the organization's primary purpose; a description of the type or 933
types of property the organization needs; and the name, address, 934
and telephone number of a person designated by the organization's 935
governing board to receive donated property and to serve as its 936
agent.937

       After adoption of the resolution, the board shall publish, in 938
a newspaper of general circulation in the county, notice of its 939
intent to donate unneeded, obsolete, or unfit-for-use county 940
personal property to eligible nonprofit organizations. The notice 941
shall include a summary of the information provided in the 942
resolution and shall be published twice or as provided in section 943
7.16 of the Revised Code. The second and any subsequent notice 944
shall be published not less than ten nor more than twenty days 945
after the previous notice. A similar notice also shall be posted 946
continually in a conspicuous place in the offices of the county 947
auditor and the board of county commissioners. If the county 948
maintains a web site on the internet, the notice shall be posted 949
continually at that web site.950

       The board or its representative shall maintain a list of all 951
nonprofit organizations that notify the board or its 952
representative of their desire to obtain donated property under 953
this division and that the board or its representative determines 954
to be eligible, in accordance with the requirements set forth in 955
this section and in the donation program's guidelines and 956
procedures, to receive donated property.957

       The board or its representatives also shall maintain a list 958
of all county personal property the board finds to be unneeded, 959
obsolete, or unfit for use and to be available for donation under 960
this division. The list shall be posted continually in a 961
conspicuous location in the offices of the county auditor and the 962
board of county commissioners, and, if the county maintains a web 963
site on the internet, the list shall be posted continually at that 964
web site. An item of property on the list shall be donated to the 965
eligible nonprofit organization that first declares to the board 966
or its representative its desire to obtain the item unless the 967
board previously has established, by resolution, a list of 968
eligible nonprofit organizations that shall be given priority with 969
respect to the item's donation. Priority may be given on the basis 970
that the purposes of a nonprofit organization have a direct 971
relationship to specific public purposes of programs provided or 972
administered by the board. A resolution giving priority to certain 973
nonprofit organizations with respect to the donation of an item of 974
property shall specify the reasons why the organizations are given 975
that priority.976

       (C) Members of the board of county commissioners shall 977
consult with the Ohio ethics commission, and comply with the 978
provisions of Chapters 102. and 2921. of the Revised Code, with 979
respect to any sale or donation under division (A) or (B) of this 980
section to a nonprofit organization of which a county 981
commissioner, any member of the county commissioner's family, or 982
any business associate of the county commissioner is a trustee, 983
officer, board member, or employee.984

       (D) Notwithstanding anything to the contrary in division (A), 985
(B), or (E) of this section and regardless of the property's 986
value, the board of county commissioners may sell or donate county 987
personal property, including motor vehicles, to the federal 988
government, the state, any political subdivision of the state, or 989
a county land reutilization corporation without advertisement or 990
public notification.991

       (E) Notwithstanding anything to the contrary in division (A), 992
(B), or (G) of this section and regardless of the property's 993
value, the board of county commissioners may sell personal 994
property, including motor vehicles acquired for the use of county 995
officers and departments, and road machinery, equipment, tools, or 996
supplies, that is not needed for public use, is obsolete, or is 997
unfit for the use for which it was acquired, by internet auction. 998
The board shall adopt, during each calendar year, a resolution 999
expressing its intent to sell that property by internet auction. 1000
The resolution shall include a description of how the internet1001
auctions will be conducted and shall specify the number of days 1002
for bidding on the property, which shall be no less than ten days, 1003
including Saturdays, Sundays, and legal holidays. The resolution 1004
shall indicate whether the county will conduct the auction1005
internet auctions or the board will contract with a representative 1006
to conduct the auctioninternet auctions and shall establish the 1007
general terms and conditions of sale. If a representative is known 1008
when the resolution is adopted, the resolution shall provide 1009
contact information such as the representative's name, address, 1010
and telephone number.1011

       After adoption of the resolution, the board shall publish, in 1012
a newspaper of general circulation in the county, notice of its 1013
intent to sell unneeded, obsolete, or unfit-for-use county 1014
personal property by internet auction. The notice shall include a 1015
summary of the information provided in the resolution and shall be 1016
published twice or as provided in section 7.16 of the Revised 1017
Code. The second and any subsequent notice shall be published not 1018
less than ten nor more than twenty days after the previous notice. 1019
A similar notice also shall be posted continually throughout the 1020
calendar year in a conspicuous place in the offices of the county 1021
auditor and the board of county commissioners. If the county 1022
maintains a web site on the internet, the notice shall be posted 1023
continually throughout the calendar year at that web site.1024

       When property is to be sold by internet auction, the board or 1025
its representative may establish a minimum price that will be 1026
accepted for specific items and may establish any other terms and 1027
conditions for thea particular sale, including requirements for 1028
pick-up or delivery, method of payment, and sales tax. This type 1029
of information shall be provided on the internet at the time of 1030
the auction and may be provided before that time upon request 1031
after the terms and conditions have been determined by the board 1032
or its representative.1033

       (F) When a county officer or department head determines that 1034
county-owned personal property under the jurisdiction of the 1035
officer or department head, including motor vehicles, road 1036
machinery, equipment, tools, or supplies, is not of immediate 1037
need, the county officer or department head may notify the board 1038
of county commissioners, and the board may lease that personal 1039
property to any municipal corporation, township, other political 1040
subdivision of the state, or to a county land reutilization 1041
corporation. The lease shall require the county to be reimbursed 1042
under terms, conditions, and fees established by the board, or 1043
under contracts executed by the board.1044

       (G) If the board of county commissioners finds, by 1045
resolution, that the county has vehicles, equipment, or machinery 1046
that is not needed, or is unfit for public use, and the board 1047
desires to sell the vehicles, equipment, or machinery to the 1048
person or firm from which it proposes to purchase other vehicles, 1049
equipment, or machinery, the board may offer to sell the vehicles, 1050
equipment, or machinery to that person or firm, and to have the 1051
selling price credited to the person or firm against the purchase 1052
price of other vehicles, equipment, or machinery.1053

       (H) If the board of county commissioners advertises for bids 1054
for the sale of new vehicles, equipment, or machinery to the 1055
county, it may include in the same advertisement a notice of the 1056
willingness of the board to accept bids for the purchase of 1057
county-owned vehicles, equipment, or machinery that is obsolete or 1058
not needed for public use, and to have the amount of those bids 1059
subtracted from the selling price of the other vehicles, 1060
equipment, or machinery as a means of determining the lowest 1061
responsible bidder.1062

       (I) If a board of county commissioners determines that county 1063
personal property is not needed for public use, or is obsolete or 1064
unfit for the use for which it was acquired, and that the property 1065
has no value, the board may discard or salvage that property.1066

       (J) A county engineer, in the engineer's discretion, may 1067
dispose of scrap construction materials on such terms as the 1068
engineer determines reasonable, including disposal without 1069
recovery of costs, if the total value of the materials does not 1070
exceed twenty-five thousand dollars. The engineer shall maintain 1071
records of all dispositions made under this division, including 1072
identification of the origin of the materials, the final 1073
disposition, and copies of all receipts resulting from the 1074
dispositions.1075

        As used in division (I) of this section, "scrap construction 1076
materials" means construction materials that result from a road or 1077
bridge improvement, remain after the improvement is completed, and 1078
are not reusable. Construction material that is metal and that 1079
results from a road or bridge improvement and remains after the 1080
improvement is completed is scrap construction material only if it 1081
cannot be used in any other road or bridge improvement or other 1082
project in its current state.1083

       Sec. 307.86.  Anything to be purchased, leased, leased with 1084
an option or agreement to purchase, or constructed, including, but 1085
not limited to, any product, structure, construction, 1086
reconstruction, improvement, maintenance, repair, or service, 1087
except the services of an accountant, architect, attorney at law, 1088
physician, professional engineer, construction project manager, 1089
consultant, surveyor, or appraiser, by or on behalf of the county 1090
or contracting authority, as defined in section 307.92 of the 1091
Revised Code, at a cost in excess of twenty-fivefifty thousand 1092
dollars, except as otherwise provided in division (D) of section 1093
713.23 and in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 1094
307.041, 307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35, 1095
5119.16, 5513.01, 5543.19, 5713.01, and 6137.05 of the Revised 1096
Code, shall be obtained through competitive bidding. However, 1097
competitive bidding is not required when any of the following 1098
applies:1099

       (A) The board of county commissioners, by a unanimous vote of 1100
its members, makes a determination that a real and present 1101
emergency exists, and that determination and the reasons for it 1102
are entered in the minutes of the proceedings of the board, when 1103
either of the following applies:1104

       (1) The estimated cost is less than fiftyone hundred1105
thousand dollars.1106

       (2) There is actual physical disaster to structures, radio 1107
communications equipment, or computers.1108

       For purposes of this division, "unanimous vote" means all 1109
three members of a board of county commissioners when all three 1110
members are present, or two members of the board if only two 1111
members, constituting a quorum, are present.1112

       Whenever a contract of purchase, lease, or construction is 1113
exempted from competitive bidding under division (A)(1) of this 1114
section because the estimated cost is less than fiftyone hundred1115
thousand dollars, but the estimated cost is twenty-fivefifty1116
thousand dollars or more, the county or contracting authority 1117
shall solicit informal estimates from no fewer than three persons 1118
who could perform the contract, before awarding the contract. With 1119
regard to each such contract, the county or contracting authority 1120
shall maintain a record of such estimates, including the name of 1121
each person from whom an estimate is solicited. The county or 1122
contracting authority shall maintain the record for the longer of 1123
at least one year after the contract is awarded or the amount of 1124
time the federal government requires.1125

       (B)(1) The purchase consists of supplies or a replacement or 1126
supplemental part or parts for a product or equipment owned or 1127
leased by the county, and the only source of supply for the 1128
supplies, part, or parts is limited to a single supplier.1129

       (2) The purchase consists of services related to information 1130
technology, such as programming services, that are proprietary or 1131
limited to a single source.1132

       (C) The purchase is from the federal government, the state, 1133
another county or contracting authority of another county, or a 1134
board of education, educational service center, township, or 1135
municipal corporation.1136

       (D) The purchase is made by a county department of job and 1137
family services under section 329.04 of the Revised Code and 1138
consists of family services duties or workforce development 1139
activities or is made by a county board of developmental 1140
disabilities under section 5126.05 of the Revised Code and 1141
consists of program services, such as direct and ancillary client 1142
services, child care, case management services, residential 1143
services, and family resource services.1144

       (E) The purchase consists of criminal justice services, 1145
social services programs, family services, or workforce 1146
development activities by the board of county commissioners from 1147
nonprofit corporations or associations under programs funded by 1148
the federal government or by state grants.1149

       (F) The purchase consists of any form of an insurance policy 1150
or contract authorized to be issued under Title XXXIX of the 1151
Revised Code or any form of health care plan authorized to be 1152
issued under Chapter 1751. of the Revised Code, or any combination 1153
of such policies, contracts, plans, or services that the 1154
contracting authority is authorized to purchase, and the 1155
contracting authority does all of the following:1156

       (1) Determines that compliance with the requirements of this 1157
section would increase, rather than decrease, the cost of the 1158
purchase;1159

       (2) Requests issuers of the policies, contracts, plans, or 1160
services to submit proposals to the contracting authority, in a 1161
form prescribed by the contracting authority, setting forth the 1162
coverage and cost of the policies, contracts, plans, or services 1163
as the contracting authority desires to purchase;1164

       (3) Negotiates with the issuers for the purpose of purchasing 1165
the policies, contracts, plans, or services at the best and lowest 1166
price reasonably possible.1167

       (G) The purchase consists of computer hardware, software, or 1168
consulting services that are necessary to implement a computerized 1169
case management automation project administered by the Ohio 1170
prosecuting attorneys association and funded by a grant from the 1171
federal government.1172

       (H) Child care services are purchased for provision to county 1173
employees.1174

       (I)(1) Property, including land, buildings, and other real 1175
property, is leased for offices, storage, parking, or other 1176
purposes, and all of the following apply:1177

       (a) The contracting authority is authorized by the Revised 1178
Code to lease the property.1179

       (b) The contracting authority develops requests for proposals 1180
for leasing the property, specifying the criteria that will be 1181
considered prior to leasing the property, including the desired 1182
size and geographic location of the property.1183

       (c) The contracting authority receives responses from 1184
prospective lessors with property meeting the criteria specified 1185
in the requests for proposals by giving notice in a manner 1186
substantially similar to the procedures established for giving 1187
notice under section 307.87 of the Revised Code.1188

       (d) The contracting authority negotiates with the prospective 1189
lessors to obtain a lease at the best and lowest price reasonably 1190
possible considering the fair market value of the property and any 1191
relocation and operational costs that may be incurred during the 1192
period the lease is in effect.1193

       (2) The contracting authority may use the services of a real 1194
estate appraiser to obtain advice, consultations, or other 1195
recommendations regarding the lease of property under this 1196
division.1197

       (J) The purchase is made pursuant to section 5139.34 or 1198
sections 5139.41 to 5139.46 of the Revised Code and is of programs 1199
or services that provide case management, treatment, or prevention 1200
services to any felony or misdemeanant delinquent, unruly youth, 1201
or status offender under the supervision of the juvenile court, 1202
including, but not limited to, community residential care, day 1203
treatment, services to children in their home, or electronic 1204
monitoring.1205

       (K) The purchase is made by a public children services agency 1206
pursuant to section 307.92 or 5153.16 of the Revised Code and 1207
consists of family services, programs, or ancillary services that 1208
provide case management, prevention, or treatment services for 1209
children at risk of being or alleged to be abused, neglected, or 1210
dependent children.1211

       (L) The purchase is to obtain the services of emergency 1212
medical service organizations under a contract made by the board 1213
of county commissioners pursuant to section 307.05 of the Revised 1214
Code with a joint emergency medical services district.1215

       (M) The county contracting authority determines that the use 1216
of competitive sealed proposals would be advantageous to the 1217
county and the contracting authority complies with section 307.862 1218
of the Revised Code.1219

       Any issuer of policies, contracts, plans, or services listed 1220
in division (F) of this section and any prospective lessor under 1221
division (I) of this section may have the issuer's or prospective 1222
lessor's name and address, or the name and address of an agent, 1223
placed on a special notification list to be kept by the 1224
contracting authority, by sending the contracting authority that 1225
name and address. The contracting authority shall send notice to 1226
all persons listed on the special notification list. Notices shall 1227
state the deadline and place for submitting proposals. The 1228
contracting authority shall mail the notices at least six weeks 1229
prior to the deadline set by the contracting authority for 1230
submitting proposals. Every five years the contracting authority 1231
may review this list and remove any person from the list after 1232
mailing the person notification of that action.1233

       Any contracting authority that negotiates a contract under 1234
division (F) of this section shall request proposals and negotiate 1235
with issuers in accordance with that division at least every three 1236
years from the date of the signing of such a contract, unless the 1237
parties agree upon terms for extensions or renewals of the 1238
contract. Such extension or renewal periods shall not exceed six 1239
years from the date the initial contract is signed.1240

       Any real estate appraiser employed pursuant to division (I) 1241
of this section shall disclose any fees or compensation received 1242
from any source in connection with that employment.1243

       Sec. 307.861.  The county or contracting authority, as 1244
defined in section 307.92 of the Revised Code, may renew a lease 1245
which has been entered into for electronic data processing 1246
equipment, services, or systems, or a radio communications system 1247
at a cost in excess of tenfifty thousand dollars as follows:1248

       (A) The lessor shall submit a written bid to the county or 1249
contracting authority whichthat is the lessee under the lease, 1250
stating the terms under which the lease would be renewed, 1251
including the length of the renewal lease, and the cost of the 1252
renewal lease to the county or contracting authority. The county 1253
or contracting authority may require the lessor to submit a bond 1254
with the bid.1255

       (B) The county or contracting authority shall advertise for 1256
and receive competitive bids, as provided in sections 307.87 to 1257
307.90 of the Revised Code, for a lease under the same terms and 1258
for the same period as provided in the bid of the lessor submitted 1259
under division (A) of this section.1260

       (C) The county or contracting authority may renew the lease 1261
with the lessor only if the bid submitted by the lessor under 1262
division (A) of this section is an amount less than the lowest and 1263
best bid submitted pursuant to competitive bidding under division 1264
(B) of this section.1265

       Sec. 307.87.  Where competitive bidding is required by 1266
section 307.86 of the Revised Code, notice thereof shall be given 1267
in the following manner:1268

       (A) Notice shall be published once a week for not less than 1269
two consecutive weeks preceding the day of the opening of bids in 1270
a newspaper of general circulation within the county for any 1271
purchase, lease, lease with option or agreement to purchase, or 1272
construction contract in excess of twenty-fivefifty thousand 1273
dollars. The contracting authority may also cause notice to be 1274
inserted in trade papers or other publications designated by it or 1275
to be distributed by electronic means, including posting the 1276
notice on the contracting authority's internet site on the world 1277
wide web. If the contracting authority posts the notice on that 1278
location on the world wide web, it may eliminate the second notice 1279
otherwise required to be published in a newspaper of general 1280
circulation within the county, provided that the first notice 1281
published in such a newspaper meets all of the following 1282
requirements:1283

        (1) It is published at least two weeks before the opening of 1284
bids.1285

        (2) It includes a statement that the notice is posted on the 1286
contracting authority's internet site on the world wide web.1287

        (3) It includes the internet address of the contracting 1288
authority's internet site on the world wide web.1289

        (4) It includes instructions describing how the notice may be 1290
accessed on the contracting authority's internet site on the world 1291
wide web. 1292

       (B) Notices shall state all of the following:1293

       (1) A general description of the subject of the proposed 1294
contract and the time and place where the plans and specifications 1295
or itemized list of supplies, facilities, or equipment and 1296
estimated quantities can be obtained or examined;1297

       (2) The time and place where bids will be opened;1298

       (3) The time and place for filing bids;1299

       (4) The terms of the proposed purchase;1300

       (5) Conditions under which bids will be received;1301

       (6) The existence of a system of preference, if any, for 1302
products mined and produced in Ohio and the United States adopted 1303
pursuant to section 307.90 of the Revised Code.1304

       (C) The contracting authority shall also maintain in a public 1305
place in its office or other suitable public place a bulletin 1306
board upon which it shall post and maintain a copy of such notice 1307
for at least two weeks preceding the day of the opening of the 1308
bids.1309

       Sec. 307.88.  (A) Bids submitted pursuant to sections 307.86 1310
to 307.92 of the Revised Code shall be in a form prescribed by the 1311
contracting authority and filed in the manner and at the time and 1312
place mentioned in the notice. The bids received shall be opened 1313
and tabulated at the time stated in the notice. Each bid shall 1314
contain the full name of each person submitting the bid. If the 1315
bid is in excess of twenty-fivefifty thousand dollars and for a 1316
contract for the construction, demolition, alteration, repair, or 1317
reconstruction of an improvement, it shall meet the requirements 1318
of section 153.54 of the Revised Code. If the bid is in excess of 1319
twenty-five fifty thousand dollars and for any other contract 1320
authorized by sections 307.86 to 307.92 of the Revised Code, it 1321
shallmay be accompanied by a bond or certified check, cashier's 1322
check, or money order on a solvent bank or savings and loan 1323
association in a reasonable amount stated in the notice but not to 1324
exceed five per cent of the bid, conditioned that the bidder, if 1325
the bidder's bid is accepted, shall execute a contract in 1326
conformity to the invitation and the bid.1327

       (B) The board of county commissioners, by a unanimous vote of 1328
the entire board, may permit a contracting authority to exempt a 1329
bid from any or all of the requirements of section 153.54 of the 1330
Revised Code if the estimated cost is twenty-fiveone hundred1331
thousand dollars or less. If the board exempts a bid from any but 1332
not all of those requirements, the bid notice published in the 1333
newspaper pursuant to section 307.87 of the Revised Code shall 1334
state the specific bid guaranty requirements that apply. If the 1335
board exempts a bid from all requirements of section 153.54 of the 1336
Revised Code, the notice shall state that none of the requirements 1337
of that section apply.1338

       Sec. 308.13.  (A) The board of trustees of a regional airport 1339
authority or any officer or employee designated by such board may 1340
make without competitive bidding any contract for theany1341
purchase of supplies or material or for labor, lease, lease with 1342
option or agreement to purchase any property, or any construction 1343
contract for any work, under the supervision of the board, the 1344
cost of which shall not exceed fifteenfifty thousand dollars. 1345
Except where the contract is for equipment, materials, or supplies 1346
available from a qualified nonprofit agency pursuant to sections 1347
4115.31 to 4115.35 of the Revised Code, when an expenditure, other 1348
than for the acquisition of real estate, the discharge of 1349
noncontractual claims, personal services, or for the product or 1350
services of public utilities, exceeds fifteenAny purchase, lease, 1351
lease with option or agreement to purchase, or construction 1352
contract in excess of fifty thousand dollars, such expenditure1353
shall be made only afterrequire that a notice calling for bids 1354
has beenbe published once a week for threenot less than two1355
consecutive weeks preceding the day of the opening of the bids in 1356
a newspaper of general circulation within the territorial 1357
boundaries of the regional airport authority, or as provided in 1358
section 7.16 of the Revised Code. IfThe regional airport 1359
authority also may cause notice to be inserted in trade papers or 1360
other publications designated by it or to be distributed by 1361
electronic means, including posting the notice on the internet 1362
site on the world wide web of the regional airport authority. If 1363
the contracting authority posts the notice on that internet web 1364
site, the requirement that a second notice be published in a 1365
newspaper of general circulation within the territorial boundaries 1366
of the regional airport authority does not apply provided the 1367
first notice published in that newspaper meets all of the 1368
following requirements:1369

       (1) It is published at least two weeks prior to the day of 1370
the opening of the bids.1371

       (2) It includes a statement that the notice is posted on the 1372
internet site on the world wide web of the regional airport 1373
authority.1374

       (3) It includes the internet address of the internet site on 1375
the world wide web of the regional airport authority.1376

       (4) It includes instructions describing how the notice may be 1377
accessed on the internet site on the world wide web of the 1378
regional airport authority.1379

       If the bid is for a contract for the construction, 1380
demolition, alteration, repair, or reconstruction of an 1381
improvement, it shall meet the requirements of section 153.54 of 1382
the Revised Code. If the bid is for any other contract authorized 1383
by this section, it shall be accompanied by a good and approved 1384
bond with ample security conditioned on the carrying out of the 1385
contract as determined by the board. The board may let the 1386
contract to the lowest and best bidder. Such contract shall be in 1387
writing and shall be accompanied by or shall refer to plans and 1388
specifications for the work to be done, as approved by the board. 1389
The plans and specifications shall at all times shall be made and 1390
considered part of the contract. SaidThe contract shall be 1391
approved by the board and signed by its chief executive officer 1392
and by the contractor, and shall be executed in duplicate.1393

       (B) Whenever a board of trustees of a regional airport 1394
authority or any officer or employee designated by the board makes 1395
a contract for the purchase of supplies or material or for labor 1396
for any work, the cost of which is greater than one thousand 1397
dollars but no more than fifteen thousand dollars, the board or 1398
designated officer or employee shall solicit informal estimates 1399
from no fewer than three potential suppliers before awarding the 1400
contract. With regard to each such contract, the board shall 1401
maintain a record of such estimates, including the name of each 1402
person from whom an estimate is solicited, for no less than one 1403
year after the contract is awardedThe competitive bidding 1404
procedures described in division (A) of this section do not apply 1405
in any of the following circumstances:1406

       (1) The board of trustees of a regional airport authority, by 1407
a majority vote of its members present at any meeting, determines 1408
that a real and present emergency exists under any of the 1409
following conditions, and the board enters its determination and 1410
the reasons for it in its proceedings:1411

       (a) Affecting safety, welfare, or the ability to deliver 1412
services;1413

       (b) Arising out of an interruption of contracts essential to 1414
the provision of daily air services and other services related to 1415
the airport;1416

       (c) Involving actual physical damage to structures, supplies, 1417
equipment, or property requiring immediate repair or replacement.1418

       (2) The purchase consists of goods or services, or any 1419
combination thereof, and after reasonable inquiry the board or any 1420
officer or designee of the board finds that only one source of 1421
supply is reasonably available.1422

       (3) The expenditure is for a renewal or renegotiation of a 1423
lease or license for telecommunications or informational 1424
technology equipment, services, or systems, or for the upgrade of 1425
such equipment, services, or systems, or for the maintenance 1426
thereof as supplied by the original source or its successors or 1427
assigns.1428

       (4) The purchase of goods or services is made from another 1429
political subdivision, public agency, public transit system, 1430
regional transit authority, the state, or the federal government, 1431
or as a third-party beneficiary under a state or federal 1432
procurement contract, or as a participant in a department of 1433
administrative services contract under division (B) of section 1434
125.04 of the Revised Code or under an approved purchasing plan of 1435
this state.1436

       (5) The purchase substantially involves services of a 1437
personal, professional, highly technical, or scientific nature, 1438
including the services of an attorney, physician, engineer, 1439
architect, surveyor, appraiser, investigator, adjuster, 1440
advertising consultant, or licensed broker, or involves the 1441
special skills or proprietary knowledge required for the operation 1442
of the airport owned by the regional transit authority.1443

       (6) Services or supplies are available from a qualified 1444
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the 1445
Revised Code.1446

       (7) The purchase consists of the product or services of a 1447
public utility.1448

       Sec. 319.09. The county auditor, if authorized by a 1449
resolution of the board of county commissioners, may serve as the 1450
fiscal officer of any department, office, or agency of the county, 1451
except that the county auditor may not serve as the fiscal officer 1452
for the office of any county elected officer or any agency 1453
governed by an appointed board or commission without the written 1454
agreement of that elected officer or agency.1455

       Sec. 329.40.  (A)(1) The boards of county commissioners of 1456
the counties of Hocking, Ross, and Vinton, by entering into a 1457
written agreement, may form a joint county department of job and 1458
family services to perform the duties, provide the services, and 1459
operate the programs required under this chapter. The formation of 1460
this joint county department of job and family services is a pilot 1461
project. The agreement shall be ratified by resolution of the 1462
board of county commissioners of each county that entered into the 1463
agreement. Each board of county commissioners that enters into the 1464
agreement shall give notice of the agreement to the Ohio 1465
department of job and family services at least ninety days before 1466
the agreement's effective date. The agreement shall take effect 1467
not earlier than the first day of the calendar quarter following 1468
the ninety-day notice period. The director of job and family 1469
services shall adopt, as an internal management rule under section 1470
111.15 of the Revised Code, the form in which the notice shall be 1471
given.1472

        (2) The boards of county commissioners of the counties 1473
forming the joint county department shall constitute, 1474
collectively, the board of directors of the joint county 1475
department of job and family services. On the effective date of 1476
the agreement, the board of directors shall take control of and 1477
manage the joint county department subject to this chapter and all 1478
other sections of the Revised Code that govern the authority and 1479
responsibilities of a single board of county commissioners in the 1480
operation of a single county department of job and family 1481
services.1482

       (B)(1) The agreement to establish the joint county department 1483
shall specify all of the following:1484

       (a) The obligations of each board of county commissioners in 1485
operating the joint county department, including requiring each 1486
board to provide state, federal, and county funds to the operation 1487
of the joint county department and the schedule for provision of 1488
those funds;1489

       (b) How and which facilities, equipment, and personnel will 1490
be shared;1491

       (c) Procedures for the division of resources and obligations 1492
should a county or counties withdraw from the joint county 1493
department, or should the department cease to exist;1494

       (d) Any contributions of participating counties establishing 1495
the joint county department and the rights of those counties in 1496
lands or personal property, or rights or interests therein, 1497
contributed to or otherwise acquired by the joint county 1498
department.1499

       (2) The agreement to establish the joint county department 1500
may set forth any or all of the following:1501

       (a) Quality, timeliness, and other standards to be met by 1502
each county;1503

       (b) Which family service programs and functions are to be 1504
included in the joint county department;1505

       (c) Procedures for the operation of the board of directors, 1506
including procedures governing the frequency of meetings and the 1507
number of members of the board required to constitute a quorum to 1508
take action;1509

       (d) Any other procedures or standards necessary for the joint 1510
county department to perform its duties and operate efficiently.1511

       (C) The agreement may be amended by a majority vote of the 1512
board of directors of the joint county department, but no 1513
amendment shall divest a participating county of any right or 1514
interest in lands or personal property without its consent.1515

       (D) Costs incurred in operating the joint county department 1516
shall be paid from a joint general fund created by the board of 1517
directors, except as may be otherwise provided in the agreement.1518

       (E) A joint county department established under this section 1519
is a public office as defined in section 117.01 of the Revised 1520
Code.1521

       Sec. 505.012. A member of a board of township trustees may be 1522
elected or appointed to serve on the governing body of any 1523
district that is organized or created by the board of township 1524
trustees, including a district organized or created under section 1525
505.28, 505.37, 505.371, 505.375, 505.482, 505.71, 511.18, or 1526
6119.02 of the Revised Code.1527

       Sec. 505.60. The following applies until the department of 1528
administrative services implements for townships the health care 1529
plans under section 9.901 of the Revised Code. If those plans do 1530
not include or address any benefits listed in division (A) of this 1531
section, the following provisions continue in effect for those 1532
benefits. 1533

       (A) As provided in this section and section 505.601 of the 1534
Revised Code, the board of township trustees of any township may 1535
procure and pay all or any part of the cost of insurance policies 1536
that may provide benefits for hospitalization, surgical care, 1537
major medical care, disability, dental care, eye care, medical 1538
care, hearing aids, prescription drugs, or sickness and accident 1539
insurance, or a combination of any of the foregoing types of 1540
insurance for township officers and employees. The board of 1541
township trustees of any township may negotiate and contract for 1542
the purchase of a policy of long-term care insurance for township 1543
officers and employees pursuant to section 124.841 of the Revised 1544
Code.1545

        If the board procures any insurance policies under this 1546
section, the board shall provide uniform coverage under these 1547
policies for township officers and full-time township employees 1548
and their immediate dependents, and may provide coverage under 1549
these policies for part-time township employees and their 1550
immediate dependents, from the funds or budgets from which the 1551
officers or employees are compensated for services, such policies 1552
to be issued by an insurance company duly authorized to do 1553
business in this state. 1554

       (B) The board may also provide coverage for any or all of the 1555
benefits described in division (A) of this section by entering 1556
into a contract for group health care services with health 1557
insuring corporations holding certificates of authority under 1558
Chapter 1751. of the Revised Code for township officers and 1559
employees and their immediate dependents. If the board so 1560
contracts, it shall provide uniform coverage under any such 1561
contracts for township officers and full-time township employees 1562
and their immediate dependents, from the funds or budgets from 1563
which the officers or employees are compensated for services, and 1564
may provide coverage under such contracts for part-time township 1565
employees and their immediate dependents, from the funds or 1566
budgets from which the officers or employees are compensated for 1567
services, provided that each officer and employee so covered is 1568
permitted to:1569

       (1) Choose between a plan offered by an insurance company and 1570
a plan offered by a health insuring corporation, and provided 1571
further that the officer or employee pays any amount by which the 1572
cost of the plan chosen exceeds the cost of the plan offered by 1573
the board under this section;1574

       (2) Change the choice made under this division at a time each 1575
year as determined in advance by the board.1576

       An addition of a class or change of definition of coverage to 1577
the plan offered under this division by the board may be made at 1578
any time that it is determined by the board to be in the best 1579
interest of the township. If the total cost to the township of the 1580
revised plan for any trustee's coverage does not exceed that cost 1581
under the plan in effect during the prior policy year, the 1582
revision of the plan does not cause an increase in that trustee's 1583
compensation.1584

       (C) Any township officer or employee may refuse to accept any 1585
coverage authorized by this section without affecting the 1586
availability of such coverage to other township officers and 1587
employees.1588

       (D) If any township officer or employee is denied coverage 1589
under a health care plan procured under this section or if any 1590
township officer or employee elects not to participate in the 1591
township's health care plan, the township may reimburse the 1592
officer or employee for each out-of-pocket premium attributable to 1593
the coverage provided for the officer or employee for insurance 1594
benefits described in division (A) of this section that the 1595
officer or employee otherwise obtains, but not to exceed an amount 1596
equal to the average premium paid by the township for its officers 1597
and employees under any health care plan it procures under this 1598
section.1599

       (E) The board may provide the benefits authorized under this 1600
section, without competitive bidding, by contributing to a health 1601
and welfare trust fund administered through or in conjunction with 1602
a collective bargaining representative of the township employees.1603

       The board may also provide the benefits described in this 1604
section through an individual self-insurance program or a joint 1605
self-insurance program as provided in section 9.833 of the Revised 1606
Code.1607

       (F) If a board of township trustees fails to pay one or more 1608
premiums for a policy, contract, or plan of insurance or health 1609
care services authorized under this section and the failure causes 1610
a lapse, cancellation, or other termination of coverage under the 1611
policy, contract, or plan, it may reimburse a township officer or 1612
employee for, or pay on behalf of the officer or employee, any 1613
expenses incurred that would have been covered under the policy, 1614
contract, or plan.1615

       (G) As used in this section and section 505.601 of the 1616
Revised Code:1617

       (1) "Part-time township employee" means a township employee 1618
who is hired with the expectation that the employee will work not 1619
more than one thousand five hundred hours in any year.1620

       (2) "Premium" does not include any deductible or health care 1621
costs paid directly by a township officer or employee.1622

       Sec. 505.601. The following applies until the department of 1623
administrative services implements for townships the health care 1624
plans under section 9.901 of the Revised Code. 1625

       If a board of township trustees does not procure an insurance 1626
policy or group health care services as provided in section 505.60 1627
of the Revised Code, the board of township trustees may reimburse 1628
any township officer or employee for each out-of-pocket premium 1629
attributable to the coverage provided for that officer or employee 1630
for insurance benefits described in division (A) of section 505.60 1631
of the Revised Code that the officer or employee otherwise 1632
obtains, if all of the following conditions are met:1633

       (A) The board of township trustees adopts a resolution that 1634
states that the township has chosen not to procure a health care 1635
plan under section 505.60 of the Revised Code and has chosen 1636
instead to reimburse its officers and employees for each 1637
out-of-pocket premium attributable to the coverage provided for 1638
them for insurance benefits described in division (A) of section 1639
505.60 of the Revised Code that they otherwise obtain.1640

       (B) That resolution provides for a uniform maximum monthly or 1641
yearly payment amount for each officer or employee to cover 1642
themselves and their immediate dependents, beyond which the 1643
township will not reimburse the officer or employee.1644

       (C) That resolution states the specific benefits listed in 1645
division (A) of section 505.60 of the Revised Code for which the 1646
township will reimburse all officers and employees of the 1647
township. The township may not reimburse officers and employees 1648
for benefits other than those listed in division (A) of section 1649
505.60 of the Revised Code.1650

       Sec. 505.603. The following applies until the department of 1651
administrative services implements for townships the health care 1652
plans under section 9.901 of the Revised Code. If those plans do 1653
not include or address any benefits incorporated in this section, 1654
the following provisions continue in effect for those benefits. 1655

       (A) In addition to or in lieu of providing benefits to 1656
township officers and employees under section 505.60, 505.601, or 1657
505.602 of the Revised Code, a board of township trustees may 1658
offer benefits to officers and employees through a cafeteria plan 1659
that meets the requirements of section 125 of the "Internal 1660
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 125, as 1661
amended, after first adopting a policy authorizing an officer or 1662
employee to receive a cash payment in lieu of a benefit otherwise 1663
offered to township officers or employees under any of those 1664
sections, but only if the cash payment does not exceed twenty-five 1665
per cent of the cost of premiums or payments that otherwise would 1666
be paid by the board for benefits for the officer or employee 1667
under an offered policy, contract, or plan. No cash payment in 1668
lieu of a benefit shall be made pursuant to this section unless 1669
the officer or employee signs a statement affirming that the 1670
officer or employee is covered under another health insurance or 1671
health care policy, contract, or plan in the case of a health 1672
benefit, or a life insurance policy in the case of a life 1673
insurance benefit, and setting forth the name of the employer, if 1674
any, that sponsors the coverage, the name of the carrier that 1675
provides the coverage, and an identifying number of the applicable 1676
policy, contract, or plan.1677

       (B) In addition to providing the benefits to township 1678
officers and employees under section 505.60, 505.601, or 505.602 1679
of the Revised Code, a board of township trustees may offer a 1680
health and wellness benefit program through which the township 1681
provides a benefit or incentive to township officers, employees, 1682
and their immediate dependents to maintain a healthy lifestyle, 1683
including, but not limited to, programs to encourage healthy 1684
eating and nutrition, exercise and physical activity, weight 1685
control or the elimination of obesity, and cessation of smoking or 1686
alcohol use.1687

       (C) The township fiscal officer may deduct from a township 1688
employee's salary or wages the amount authorized to be paid by the 1689
employee for one or more qualified benefits available under 1690
section 125 of the "Internal Revenue Code of 1986," 26 U.S.C. 125, 1691
and under the sections listed in division (B) of this section, if 1692
the employee authorizes in writing that the township fiscal 1693
officer may deduct that amount from the employee's salary or 1694
wages, and the benefit is offered to the employee on a group basis 1695
and at least ten per cent of the township employees voluntarily 1696
elect to participate in the receipt of that benefit. The township 1697
fiscal officer may issue warrants for amounts deducted under this 1698
division to pay program administrators or other insurers for 1699
benefits authorized under this section or those sections listed in 1700
division (B) of this section.1701

       Sec. 511.23.  (A) When the vote under section 511.22 of the 1702
Revised Code is in favor of establishing one or more public parks, 1703
the board of park commissioners shall constitute a board, to be 1704
called the board of park commissioners of that township park 1705
district, and they shall be a body politic and corporate. Their 1706
office is not a township office within the meaning of section 1707
703.22 of the Revised Code but is an office of the township park 1708
district. The members of the board shall serve without 1709
compensation but shall be allowed their actual and necessary 1710
expenses incurred in the performance of their duties.1711

       (B) The board may locate, establish, improve, maintain, and 1712
operate a public park or parks in accordance with division (B) of 1713
section 511.18 of the Revised Code, with or without recreational 1714
facilities. Any township park district that contains only 1715
unincorporated territory and that operated a public park or parks 1716
outside the township immediately prior to July 18, 1990, may 1717
continue to improve, maintain, and operate these parks outside the 1718
township, but further acquisitions of land shall not affect the 1719
boundaries of the park district itself or the appointing authority 1720
for the board of park commissioners.1721

       The board may lease, accept a conveyance of, or purchase 1722
suitable lands for cash, by purchase by installment payments with 1723
or without a mortgage, by lease or lease-purchase agreements, or 1724
by lease with option to purchase, may acquire suitable lands 1725
through an exchange under section 511.241 of the Revised Code, or 1726
may appropriate suitable lands and materials for park district 1727
purposes. The board also may lease facilities from other political 1728
subdivisions or private sources. The board shall have careful 1729
surveys and plats made of the lands acquired for park district 1730
purposes and shall establish permanent monuments on the boundaries 1731
of the lands. Those plats, when executed according to sections 1732
711.01 to 711.38 of the Revised Code, shall be recorded in the 1733
office of the county recorder, and those records shall be 1734
admissible in evidence for the purpose of locating and 1735
ascertaining the true boundaries of the park or parks.1736

       (C) In furtherance of the use and enjoyment of the lands 1737
controlled by it, the board may accept donations of money or other 1738
property or act as trustees of land, money, or other property, and 1739
may use and administer the land, money, or other property as 1740
stipulated by the donor or as provided in the trust agreement. 1741

       The board may receive and expend grants for park purposes 1742
from agencies and instrumentalities of the United States and this 1743
state and may enter into contracts or agreements with those 1744
agencies and instrumentalities to carry out the purposes for which 1745
the grants were furnished.1746

       (D) In exercising any powers conferred upon the board under 1747
divisions (B) and (C) of this section and for other types of 1748
assistance that the board finds necessary in carrying out its 1749
duties, the board may hire and contract for professional, 1750
technical, consulting, and other special services and may purchase 1751
goods and award contracts. The procuring of goods and awarding of 1752
contracts with a cost in excess of fifty thousand dollars shall be 1753
done in accordance with the procedures established for the board 1754
of county commissioners by sections 307.86 to 307.91 of the 1755
Revised Code.1756

       (E) The board may appoint an executive for the park or parks 1757
and may designate the executive or another person as the clerk of 1758
the board. It may appoint all other necessary officers and 1759
employees, fix their compensation, and prescribe their duties, or 1760
it may require the executive to appoint all other necessary 1761
officers and employees, and to fix their compensation and 1762
prescribe their duties, in accordance with guidelines and policies 1763
adopted by the board.1764

       (F) The board may adopt bylaws and rules that it considers 1765
advisable for the following purposes:1766

       (1) To prohibit selling, giving away, or using any 1767
intoxicating liquors in the park or parks;1768

       (2) For the government and control of the park or parks and 1769
the operation of motor vehicles in the park or parks;1770

       (3) To provide for the protection and preservation of all 1771
property and natural life within its jurisdiction.1772

       Before the bylaws and rules take effect, the board shall 1773
provide for a notice of their adoption to be published once a week 1774
for two consecutive weeks or as provided in section 7.16 of the 1775
Revised Code, in a newspaper of general circulation in the county 1776
within which the park district is located.1777

       No person shall violate any of the bylaws or rules. Fines 1778
levied and collected for violations shall be paid into the 1779
treasury of the township park district. The board may use moneys 1780
collected from those fines for any purpose that is not 1781
inconsistent with sections 511.18 to 511.37 of the Revised Code.1782

       (G) The board may do either of the following:1783

       (1) Establish and charge fees for the use of any facilities 1784
and services of the park or parks regardless of whether the park 1785
or parks were acquired before, on, or after September 21, 2000;1786

       (2) Enter into a lease agreement with an individual or 1787
organization that provides for the exclusive use of a specified 1788
portion of the park or parks within the township park district by 1789
that individual or organization for the duration of an event 1790
produced by the individual or organization. The board, for the 1791
specific portion of the park or parks covered by the lease 1792
agreement, may charge a fee to, or permit the individual or 1793
organization to charge a fee to, participants in and spectators at 1794
the event covered by the agreement.1795

       (H) If the board finds that real or personal property owned 1796
by the township park district is not currently needed for park 1797
purposes, the board may lease that property to other persons or 1798
organizations during any period of time the board determines the 1799
property will not be needed. If the board finds that competitive 1800
bidding on a lease is not feasible, it may lease the property 1801
without taking bids.1802

       (I) The board may exchange property owned by the township 1803
park district for property owned by the state, another political 1804
subdivision, or the federal government on terms that it considers 1805
desirable, without the necessity of competitive bidding.1806

       (J) Any rights or duties established under this section may 1807
be modified, shared, or assigned by an agreement pursuant to 1808
section 755.16 of the Revised Code.1809

       Sec. 703.21.  The surrender of corporate powers by a village 1810
under section 703.20 or 703.201 of the Revised Code does not 1811
affect vested rights or accrued liabilities of the village, or the 1812
power to settle claims, dispose of property, or levy and collect 1813
taxes to pay existing obligations. But, after the presentation of 1814
the petition mentioned in section 703.20 of the Revised Code or 1815
receipt of the audit report and notice mentioned in section 1816
703.201 of the Revised Code, the legislative authority of the 1817
village shall not create any new liability until the result of the 1818
election under section 703.20 of the Revised Code is declared or 1819
the decision of the court of common pleas under division (C) of 1820
section 703.201 of the Revised Code is declared, or thereafter, if 1821
the result, in either case, is for the surrender of the village's 1822
corporate powers. If the auditor of state notifies the village 1823
that the attorney general may file a legal action under section 1824
703.201 of the Revised Code, but the attorney general does not 1825
file such an action, the village shall not create any new 1826
liability for thirty days after receipt of the auditor of state's 1827
notice.1828

       Due and unpaid taxes may be collected after the surrender of 1829
corporate powers, and all moneys or property remaining after the 1830
surrender belongs to the township or townships located wholly or 1831
partly within the village. If more than one township is to receive 1832
the remaining money or property, the money and property shall be 1833
divided among the townships in proportion to the amount of 1834
territory that each township has within the village boundaries as 1835
compared to the total territory within the village.1836

       After the surrender of corporate powers, all resolutions of 1837
the township or townships into which the village's territory was 1838
dissolved shall apply throughout the township's newly included 1839
territory.1840

       Sec. 731.141.  In those villages that have established the 1841
position of village administrator, as provided by section 735.271 1842
of the Revised Code, the village administrator shall make 1843
contracts, purchase supplies and materials, and provide labor for 1844
any work under the administrator's supervision involving not more 1845
than twenty-fivefifty thousand dollars. When an expenditure, 1846
other than the compensation of persons employed by the village, 1847
exceeds twenty-fivefifty thousand dollars, the expenditure shall 1848
first be authorized and directed by ordinance of the legislative 1849
authority of the village. When so authorized and directed, except 1850
where the contract is for equipment, services, materials, or 1851
supplies to be purchased under division (D) of section 713.23 or 1852
section 125.04 or 5513.01 of the Revised Code, available from a 1853
qualified nonprofit agency pursuant to sections 4115.31 to 4115.35 1854
of the Revised Code, or required to be purchased from a qualified 1855
nonprofit agency under sections 125.60 to 125.6012 of the Revised 1856
Code, the village administrator shall make a written contract with 1857
the lowest and best bidder after advertisement for not less than 1858
two nor more than four consecutive weeks in a newspaper of general 1859
circulation within the village or as provided in section 7.16 of 1860
the Revised Code. The bids shall be opened and shall be publicly 1861
read by the village administrator or a person designated by the 1862
village administrator at the time, date, and place as specified in 1863
the advertisement to bidders or specifications. The time, date, 1864
and place of bid openings may be extended to a later date by the 1865
village administrator, provided that written or oral notice of the 1866
change shall be given to all persons who have received or 1867
requested specifications no later than ninety-six hours prior to 1868
the original time and date fixed for the opening. All contracts 1869
shall be executed in the name of the village and signed on its 1870
behalf by the village administrator and the clerk.1871

       The legislative authority of a village may provide, by 1872
ordinance, for central purchasing for all offices, departments, 1873
divisions, boards, and commissions of the village, under the 1874
direction of the village administrator, who shall make contracts, 1875
purchase supplies or materials, and provide labor for any work of 1876
the village in the manner provided by this section.1877

       Sec. 735.05.  The director of public service may make any 1878
contract, purchase supplies or material, or provide labor for any 1879
work under the supervision of the department of public service 1880
involving not more than twenty-fivefifty thousand dollars. When 1881
an expenditure within the department, other than the compensation 1882
of persons employed in the department, exceeds twenty-fivefifty1883
thousand dollars, the expenditure shall first be authorized and 1884
directed by ordinance of the city legislative authority. When so 1885
authorized and directed, except where the contract is for 1886
equipment, services, materials, or supplies to be purchased under 1887
division (D) of section 713.23 or section 125.04 or 5513.01 of the 1888
Revised Code or available from a qualified nonprofit agency 1889
pursuant to sections 4115.31 to 4115.35 of the Revised Code, the 1890
director shall make a written contract with the lowest and best 1891
bidder after advertisement for not less than two nor more than 1892
four consecutive weeks in a newspaper of general circulation 1893
within the city or as provided in section 7.16 of the Revised 1894
Code.1895

       Sec. 737.03.  The director of public safety shall manage and 1896
make all contracts with reference to police stations, fire houses, 1897
reform schools, infirmaries, hospitals other than municipal 1898
hospitals operated pursuant to Chapter 749. of the Revised Code, 1899
workhouses, farms, pesthouses, and all other charitable and 1900
reformatory institutions. In the control and supervision of those 1901
institutions, the director shall be governed by the provisions of 1902
Title VII of the Revised Code relating to those institutions.1903

       The director may make all contracts and expenditures of money 1904
for acquiring lands for the erection or repairing of station 1905
houses, police stations, fire department buildings, fire cisterns, 1906
and plugs, that are required, for the purchase of engines, 1907
apparatus, and all other supplies necessary for the police and 1908
fire departments, and for other undertakings and departments under 1909
the director's supervision, but no obligation involving an 1910
expenditure of more than twenty-fivefifty thousand dollars shall 1911
be created unless first authorized and directed by ordinance. In 1912
making, altering, or modifying those contracts, the director shall 1913
be governed by sections 735.05 to 735.09 of the Revised Code, 1914
except that all bids shall be filed with and opened by the 1915
director. The director shall make no sale or disposition of any 1916
property belonging to the city without first being authorized by 1917
resolution or ordinance of the city legislative authority.1918

       Sec. 749.26.  The board of hospital trustees, before entering 1919
into any contract for the erection of a hospital building, or for 1920
the rebuilding or repair of a hospital building, the cost of which 1921
exceeds tenfifty thousand dollars, shall have plans, 1922
specifications, detailed drawings, and forms of bids prepared, and 1923
when adopted by the board it shall have them printed for 1924
distribution among the bidders.1925

       Sec. 749.28.  The board of hospital trustees shall not enter 1926
into a contract for work or supplies where the estimated cost 1927
exceeds tenfifty thousand dollars, without first giving thirty 1928
days' notice in one newspaper of general circulation in the 1929
municipal corporation that sealed proposals will be received for 1930
doing the work or furnishing the materials and supplies.1931

       Sec. 749.31.  Except where the contract is for equipment, 1932
services, materials, or supplies available from a qualified 1933
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the 1934
Revised Code, the board of hospital trustees shall enter into a 1935
contract for work or supplies where the estimated cost exceeds ten1936
fifty thousand dollars with the lowest and best bidder. Where the 1937
contract is for other than the construction, demolition, 1938
alteration, repair, or reconstruction of an improvement, the board 1939
shall enter into the contract when the bidder gives bond to the 1940
board, with such security as the board approves, that hethe 1941
bidder will perform the work and furnish materials or supplies in 1942
accordance with the contract. On the failure of such bidder within 1943
a reasonable time, to be fixed by the board, to enter into bond 1944
with such security, a contract may be made with the next lowest 1945
and best bidder, and so on until a contract is effected by a 1946
contractor giving such bond. The board may reject any bid.1947

       Sec. 753.15.  (A) Except as provided in division (B) of this 1948
section, in a city, a workhouse erected for the joint use of the 1949
city and the county in which such city is located shall be managed 1950
and controlled by a joint board composed of the board of county 1951
commissioners and the board of control of the city, and in a 1952
village by the board of county commissioners and the board of 1953
trustees of public affairs. Such joint board shall have all the 1954
powers and duties in the management, control, and maintenance of 1955
such workhouse as are conferred upon the director of public safety 1956
in cities, and in addition thereto it may construct sewers for 1957
such workhouse and pay therefor from funds raised by taxation for 1958
the maintenance of such institution.1959

       The joint board may lease or purchase suitable property and 1960
buildings for a workhouse, or real estate for the purpose of 1961
erecting and maintaining a workhouse thereon, but it shall not 1962
expend more than tenfifty thousand dollars for any such purpose 1963
unless such amount is approved by a majority of the voters of the 1964
county, exclusive of the municipal corporation, voting at a 1965
general election.1966

       (B) In lieu of forming a joint board to manage and control a 1967
workhouse erected for the joint use of the city and the county in 1968
which the city is located, the board of county commissioners and 1969
the legislative authority of the city may enter into a contract 1970
for the private operation and management of the workhouse as 1971
provided in section 9.06 of the Revised Code, but only if the 1972
workhouse is used solely for misdemeanant inmates. In order to 1973
enter into a contract under section 9.06 of the Revised Code, both 1974
the board and the legislative authority shall approve and be 1975
parties to the contract.1976

       Sec. 755.29.  The board of park trustees, before entering 1977
into any contract for the performance of any work, the cost of 1978
which exceeds twenty-fivefifty thousand dollars, shall cause 1979
plans and specifications and forms of bids to be prepared, and 1980
when adopted by the board, shall have them printed for 1981
distribution among bidders.1982

       Sec. 755.30.  The board of park trustees shall not enter into 1983
any contract for work or supplies, where the estimated cost 1984
thereof exceeds tenfifty thousand dollars, without first giving 1985
thirty days' notice in one newspaper of general circulation in the 1986
municipal corporation that sealed proposals may be received for 1987
doing the work or furnishing such materials and supplies.1988

       Sec. 1545.07.  The commissioners appointed in accordance with 1989
section 1545.05 or pursuant to section 1545.041 of the Revised 1990
Code shall constitute the board of park commissioners of the park 1991
district. Such board shall be a body politic and corporate, and 1992
may sue and be sued as provided in sections 1545.01 to 1545.28 of 1993
the Revised Code. Such board may employ a secretary and such other 1994
employees as are necessary in the performance of the powers 1995
conferred in such sections. The board may appoint a treasurer to 1996
act as custodian of the board's funds and as fiscal officer for 1997
the park district. For the purposes of acquiring, planning, 1998
developing, protecting, maintaining, or improving lands and 1999
facilities thereon under section 1545.11 of the Revised Code, and 2000
for other types of assistance which it finds necessary in carrying 2001
out its duties under Chapter 1545. of the Revised Code, the board 2002
may hire and contract for professional, technical, consulting, and 2003
other special services, including, in accordance with division (D) 2004
of section 309.09 of the Revised Code, the legal services of the 2005
prosecuting attorney of the county in which the park district is 2006
located, and may purchase goods. In procuring any goods with a 2007
cost in excess of fifty thousand dollars, the board shall contract 2008
as a contracting authority under sections 307.86 to 307.91 of the 2009
Revised Code, to the same extent and with the same limitations as 2010
a board of county commissioners. In procuring services, the board 2011
shall contract in the manner and under procedures established by 2012
the bylaws of the board as required in section 1545.09 of the 2013
Revised Code.2014

       Sec. 2907.27.  (A)(1) If a person is charged with a violation 2015
of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or 2016
2907.25 of the Revised Code or with a violation of a municipal 2017
ordinance that is substantially equivalent to any of those 2018
sections, the arresting authorities or a court, upon the request 2019
of the prosecutor in the case or upon the request of the victim, 2020
shall cause the accused to submit to one or more appropriate tests 2021
to determine if the accused is suffering from a venereal disease. 2022
The court, upon the request of the prosecutor in the case or upon 2023
the request of the victim shall cause the accused to submit to one 2024
or more appropriate tests to determine if the accused is suffering 2025
from the human immunodeficiency virus (HIV) within forty-eight 2026
hours after the date on which the complaint, information, or 2027
indictment is filed or within forty-eight hours after the date on 2028
which the complaint, information, or indictment is served on the 2029
accused, whichever date is later. Nothing in this section shall be 2030
construed to prevent the court from ordering at any time during 2031
which the complaint, information, or indictment is pending, that 2032
the accused submit to one or more appropriate tests to determine 2033
if the accused is suffering from a venereal disease or from the 2034
human immunodeficiency virus (HIV).2035

       (2) If the accused is found to be suffering from a venereal 2036
disease in an infectious stage, the accused shall be required to 2037
submit to medical treatment for that disease. The cost of the 2038
medical treatment shall be charged to and paid by the accused who 2039
undergoes the treatment. If the accused is indigent, the court 2040
shall order the accused to report to a facility operated by a city 2041
health district or a general health district for treatment. If the 2042
accused is convicted of or pleads guilty to the offense with which 2043
the accused is charged and is placed under a community control 2044
sanction, a condition of community control shall be that the 2045
offender submit to and faithfully follow a course of medical 2046
treatment for the venereal disease. If the offender does not seek 2047
the required medical treatment, the court may revoke the 2048
offender's community control and order the offender to undergo 2049
medical treatment during the period of the offender's 2050
incarceration and to pay the cost of that treatment.2051

       (B)(1)(a) If a person is charged with a violation of division 2052
(B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04, 2053
2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised 2054
Code or with a violation of a municipal ordinance that is 2055
substantially equivalent to that division or any of those 2056
sections, the court, upon the request of the prosecutor in the 2057
case, upon the request of the victim, or upon the request of any 2058
other person whom the court reasonably believes had contact with 2059
the accused in circumstances related to the violation that could 2060
have resulted in the transmission to that person the human 2061
immunodeficiency virus, shall cause the accused to submit to one 2062
or more tests designated by the director of health under section 2063
3701.241 of the Revised Code to determine if the accused is 2064
infected with HIV. The court, upon the request of the prosecutor 2065
in the case, upon the request of the victim with the agreement of 2066
the prosecutor, or upon the request of any other person with the 2067
agreement of the prosecutor, may cause an accused who is charged 2068
with a violation of any other section of the Revised Code or with 2069
a violation of any other municipal ordinance to submit to one or 2070
more tests so designated by the director of health if the 2071
circumstances of the violation indicate probable cause to believe 2072
that the accused, if the accused is infected with HIV, might have 2073
transmitted HIV to any of the following persons in committing the 2074
violation:2075

       (i) In relation to a request made by the prosecuting 2076
attorney, to the victim or to any other person;2077

       (ii) In relation to a request made by the victim, to the 2078
victim making the request;2079

       (iii) In relation to a request made by any other person, to 2080
the person making the request.2081

       (b) The results of a test performed under division (B)(1)(a) 2082
of this section shall be communicated in confidence to the court, 2083
and the court shall inform the accused of the result. The court 2084
shall inform the victim that the test was performed and that the 2085
victim has a right to receive the results on request. If the test 2086
was performed upon the request of a person other than the 2087
prosecutor in the case and other than the victim, the court shall 2088
inform the person who made the request that the test was performed 2089
and that the person has a right to receive the results upon 2090
request. Additionally, regardless of who made the request that was 2091
the basis of the test being performed, if the court reasonably 2092
believes that, in circumstances related to the violation, a person 2093
other than the victim had contact with the accused that could have 2094
resulted in the transmission of HIV to that person, the court may 2095
inform that person that the test was performed and that the person 2096
has a right to receive the results of the test on request. If the 2097
accused tests positive for HIV, the test results shall be reported 2098
to the department of health in accordance with section 3701.24 of 2099
the Revised Code and to the sheriff, head of the state 2100
correctional institution, or other person in charge of any jail or 2101
prison in which the accused is incarcerated. If the accused tests 2102
positive for HIV and the accused was charged with, and was 2103
convicted of or pleaded guilty to, a violation of section 2907.24, 2104
2907.241, or 2907.25 of the Revised Code or a violation of a 2105
municipal ordinance that is substantially equivalent to any of 2106
those sections, the test results also shall be reported to the law 2107
enforcement agency that arrested the accused, and the law 2108
enforcement agency may use the test results as the basis for any 2109
future charge of a violation of division (B) of any of those 2110
sections or a violation of a municipal ordinance that is 2111
substantially equivalent to division (B) of any of those sections. 2112
No other disclosure of the test results or the fact that a test 2113
was performed shall be made, other than as evidence in a grand 2114
jury proceeding or as evidence in a judicial proceeding in 2115
accordance with the Rules of Evidence. If the test result is 2116
negative, and the charge has not been dismissed or if the accused 2117
has been convicted of the charge or a different offense arising 2118
out of the same circumstances as the offense charged, the court 2119
shall order that the test be repeated not earlier than three 2120
months nor later than six months after the original test.2121

       (2) If an accused who is free on bond refuses to submit to a 2122
test ordered by the court pursuant to division (B)(1) of this 2123
section, the court may order that the accused's bond be revoked 2124
and that the accused be incarcerated until the test is performed. 2125
If an accused who is incarcerated refuses to submit to a test 2126
ordered by the court pursuant to division (B)(1) of this section, 2127
the court shall order the person in charge of the jail or prison 2128
in which the accused is incarcerated to take any action necessary 2129
to facilitate the performance of the test, including the forcible 2130
restraint of the accused for the purpose of drawing blood to be 2131
used in the test.2132

       (3) A state agency, a political subdivision of the state, or 2133
an employee of a state agency or of a political subdivision of the 2134
state is immune from liability in a civil action to recover 2135
damages for injury, death, or loss to person or property allegedly 2136
caused by any act or omission in connection with the performance 2137
of the duties required under division (B)(2) of this section 2138
unless the acts or omissions are with malicious purpose, in bad 2139
faith, or in a wanton or reckless manner.2140

       (C) As used in this section:2141

       (1) "Community control sanction" has the same meaning as in 2142
section 2929.01 of the Revised Code.2143

       (2) "HIV" means the human immunodeficiency virus.2144

       Sec. 3316.04.  (A) Within sixty days of the auditor's 2145
declaration under division (A) of section 3316.03 of the Revised 2146
Code, the board of education of the school district shall prepare 2147
and submit to the superintendent of public instruction a financial 2148
plan delineating the steps the board will take to eliminate the 2149
district's current operating deficit and avoid incurring operating 2150
deficits in ensuing years, including the implementation of 2151
spending reductions. The financial plan also shall evaluate the 2152
feasibility of entering into shared services agreements with other 2153
political subdivisions for the joint exercise of any power, 2154
performance of any function, or rendering of any service, if so 2155
authorized by statute. The superintendent of public instruction 2156
shall evaluate the initial financial plan, and either approve or 2157
disapprove it within thirty calendar days from the date of its 2158
submission. If the initial financial plan is disapproved, the 2159
state superintendent shall recommend modifications that will 2160
render the financial plan acceptable. No school district board 2161
shall implement a financial plan submitted to the superintendent 2162
of public instruction under this section unless the superintendent 2163
has approved the plan.2164

       (B) Upon request of the board of education of a school 2165
district declared to be in a state of fiscal watch, the auditor of 2166
state and superintendent of public instruction shall provide 2167
technical assistance to the board in resolving the fiscal problems 2168
that gave rise to the declaration, including assistance in 2169
drafting the board's financial plan.2170

       (C) A financial plan adopted under this section may be 2171
amended at any time with the approval of the superintendent. The 2172
board of education of the school district shall submit an updated 2173
financial plan to the superintendent, for the superintendent's 2174
approval, every year that the district is in a state of fiscal 2175
watch. The updated plan shall be submitted in a form acceptable to 2176
the superintendent. The superintendent shall approve or disapprove 2177
each updated plan no later than the anniversary of the date on 2178
which the first such plan was approved.2179

       (D) A school district that has restructured or refinanced a 2180
loan under section 3316.041 of the Revised Code shall be declared 2181
to be in a state of fiscal emergency if any of the following 2182
occurs:2183

       (1) An operating deficit is certified for the district under 2184
section 3313.483 of the Revised Code for any year prior to the 2185
repayment of the restructured or refinanced loan;2186

       (2) The superintendent determines, in consultation with the 2187
auditor of state, that the school district is not satisfactorily 2188
complying with the terms of the financial plan required by this 2189
section;2190

       (3) The board of education of the school district fails to 2191
submit an updated plan that is acceptable to the superintendent 2192
under division (C) of this section.2193

       Sec. 3316.06.  (A) Within one hundred twenty days after the 2194
first meeting of a school district financial planning and 2195
supervision commission, the commission shall adopt a financial 2196
recovery plan regarding the school district for which the 2197
commission was created. During the formulation of the plan, the 2198
commission shall seek appropriate input from the school district 2199
board and from the community. This plan shall contain the 2200
following:2201

       (1) Actions to be taken to:2202

       (a) Eliminate all fiscal emergency conditions declared to 2203
exist pursuant to division (B) of section 3316.03 of the Revised 2204
Code;2205

       (b) Satisfy any judgments, past-due accounts payable, and all 2206
past-due and payable payroll and fringe benefits;2207

       (c) Eliminate the deficits in all deficit funds, except that 2208
any prior year deficits in the capital and maintenance fund 2209
established pursuant to section 3315.18 of the Revised Code shall 2210
be forgiven;2211

       (d) Restore to special funds any moneys from such funds that 2212
were used for purposes not within the purposes of such funds, or 2213
borrowed from such funds by the purchase of debt obligations of 2214
the school district with the moneys of such funds, or missing from 2215
the special funds and not accounted for, if any;2216

       (e) Balance the budget, avoid future deficits in any funds, 2217
and maintain on a current basis payments of payroll, fringe 2218
benefits, and all accounts;2219

       (f) Avoid any fiscal emergency condition in the future;2220

       (g) Restore the ability of the school district to market 2221
long-term general obligation bonds under provisions of law 2222
applicable to school districts generally.2223

       (2) The management structure that will enable the school 2224
district to take the actions enumerated in division (A)(1) of this 2225
section. The plan shall specify the level of fiscal and management 2226
control that the commission will exercise within the school 2227
district during the period of fiscal emergency, and shall 2228
enumerate respectively, the powers and duties of the commission 2229
and the powers and duties of the school board during that period. 2230
The commission may elect to assume any of the powers and duties of 2231
the school board it considers necessary, including all powers 2232
related to personnel, curriculum, and legal issues in order to 2233
successfully implement the actions described in division (A)(1) of 2234
this section.2235

       (3) The target dates for the commencement, progress upon, and 2236
completion of the actions enumerated in division (A)(1) of this 2237
section and a reasonable period of time expected to be required to 2238
implement the plan. The commission shall prepare a reasonable time 2239
schedule for progress toward and achievement of the requirements 2240
for the plan, and the plan shall be consistent with that time 2241
schedule.2242

       (4) The amount and purpose of any issue of debt obligations 2243
that will be issued, together with assurances that any such debt 2244
obligations that will be issued will not exceed debt limits 2245
supported by appropriate certifications by the fiscal officer of 2246
the school district and the county auditor. Debt obligations 2247
issued pursuant to section 133.301 of the Revised Code shall 2248
include assurances that such debt shall be in an amount not to 2249
exceed the amount certified under division (B) of such section. If 2250
the commission considers it necessary in order to maintain or 2251
improve educational opportunities of pupils in the school 2252
district, the plan may include a proposal to restructure or 2253
refinance outstanding debt obligations incurred by the board under 2254
section 3313.483 of the Revised Code contingent upon the approval, 2255
during the period of the fiscal emergency, by district voters of a 2256
tax levied under section 718.09, 718.10, 5705.194, 5705.21, 2257
5748.02, 5748.08, or 5748.09 of the Revised Code that is not a 2258
renewal or replacement levy, or a levy under section 5705.199 of 2259
the Revised Code, and that will provide new operating revenue. 2260
Notwithstanding any provision of Chapter 133. or sections 3313.483 2261
to 3313.4811 of the Revised Code, following the required approval 2262
of the district voters and with the approval of the commission, 2263
the school district may issue securities to evidence the 2264
restructuring or refinancing. Those securities may extend the 2265
original period for repayment, not to exceed ten years, and may 2266
alter the frequency and amount of repayments, interest or other 2267
financing charges, and other terms of agreements under which the 2268
debt originally was contracted, at the discretion of the 2269
commission, provided that any loans received pursuant to section 2270
3313.483 of the Revised Code shall be paid from funds the district 2271
would otherwise receive under Chapter 3317. of the Revised Code, 2272
as required under division (E)(3) of section 3313.483 of the 2273
Revised Code. The securities issued for the purpose of 2274
restructuring or refinancing the debt shall be repaid in equal 2275
payments and at equal intervals over the term of the debt and are 2276
not eligible to be included in any subsequent proposal for the 2277
purpose of restructuring or refinancing debt under this section.2278

       (5) An evaluation of the feasibility of entering into shared 2279
services agreements with other political subdivisions for the 2280
joint exercise of any power, performance of any function, or 2281
rendering of any service, if so authorized by statute.2282

       (B) Any financial recovery plan may be amended subsequent to 2283
its adoption. Each financial recovery plan shall be updated 2284
annually.2285

       (C) Each school district financial planning and supervision 2286
commission shall submit the financial recovery plan it adopts or 2287
updates under this section to the state superintendent of public 2288
instruction for approval immediately following its adoption or 2289
updating. The state superintendent shall evaluate the plan and 2290
either approve or disapprove it within thirty calendar days from 2291
the date of its submission. If the plan is disapproved, the state 2292
superintendent shall recommend modifications that will render it 2293
acceptable. No financial planning and supervision commission shall 2294
implement a financial recovery plan that is adopted or updated on 2295
or after April 10, 2001, unless the state superintendent has 2296
approved it.2297

       Sec. 3709.08. (A) A city constitutingboard of health of a 2298
city or general health district or the authority having the duties 2299
of a board of health under section 3709.05 of the Revised Code may 2300
enter into a contract forto provide some or all public health 2301
service with the chief executiveservices for a board of health of 2302
another city constituting a cityor general health district with 2303
the approval of a majority of the members of the legislative 2304
authority of such city or with the chairman of the district 2305
advisory council of the general health district with the approval 2306
of a majority of the members of the district advisory council. 2307
Such proposal shall be made by the city seeking health service and 2308
shall be approved by a majority of the members of the legislative 2309
authority of such city. Such a2310

       (B) Each contract entered under division (A) of this section2311
shall do all of the following:2312

       (A)(1) State the amount of money or the proportion of 2313
expenses to be paid by the cityboard of health or authority 2314
having the duties of a board of health for such serviceservices2315
and how it is to be paid;2316

       (B) Provide for(2) Specify the amount and character of the 2317
public health serviceservices to be given to the city health 2318
districtprovided;2319

       (C)(3) State the date on which such service shallthe 2320
provision of services is to begin;2321

       (D)(4) State the length of time suchthe contract shallis to2322
be in effect.2323

       No such(C) Except as provided in division (D) of this 2324
section, no contract entered into under division (A) of this 2325
section shall be in effect until the departmentboth of the 2326
following are the case:2327

       (1) The director of health determines that the health 2328
department or board of health of the city or generalor authority 2329
having the duties of a board of health district providing such 2330
servicethat is to provide the services is organized and equipped 2331
to provide adequate health servicethe services. After such 2332
contract has been approved by the department of healtha 2333
determination is made, the board of health or health department of 2334
the city or generalauthority having the duties of a board of2335
health district providing such servicethe services shall have, 2336
within the city health district receiving such servicethe 2337
services, all the powers and shall perform all the duties required 2338
of the board of health of a cityor the authority having the 2339
duties of a board of health district.2340

       (2) One of the following, as applicable, is the case:2341

        (a) If the contract is with a city constituting a city health 2342
district, the chief executive of that city, with the approval of 2343
the majority of the members of the legislative authority of that 2344
city, approves the contract.2345

        (b) If the contract is with the board of health of a general 2346
health district, the chairperson of the district advisory council 2347
of the general health district, with the approval of a majority of 2348
the members of the district advisory council, approves the 2349
contract.2350

        (c) If the contract is with an authority having the duties of 2351
a board of health under section 3709.05 of the Revised Code, the 2352
majority of the members of the authority's governing body approves 2353
the contract.2354

        (D) A contract entered into under division (A) of this 2355
section that is for not all but for only one or some public health 2356
services provided by a board of health or the authority having the 2357
duties of a board of health shall neither require a determination 2358
by the director of health described in division (C)(1) of this 2359
section nor an approval by the persons described in division 2360
(C)(2)(a), (b), or (c), as applicable, to be effective.2361

       Sec. 3709.28. The(A) If a general health district will 2362
receive any part of its revenue for a fiscal year from an 2363
appropriation apportioned among the townships and municipal 2364
corporations composing the district, the board of health of a 2365
general healththe district shall, annually, on or before the 2366
first Monday of April, adopt an itemized appropriation measure. 2367
Suchunder this section for that fiscal year on or before the 2368
first day of April of the immediately preceding fiscal year. If a 2369
general health district will not receive any part of its revenue 2370
for a fiscal year from an appropriation apportioned among the 2371
townships and municipal corporations composing the district, the 2372
board of health of the district shall adopt an annual 2373
appropriation measure for that fiscal year under this section or 2374
sections 5705.38, 5705.39, and 5705.40 of the Revised Code.2375

        (B) An appropriation measure adopted under this section shall 2376
set forth the amounts for the current expenses of suchthe2377
district for the ensuing fiscal year beginning on the first day of 2378
January next ensuing. The appropriation measure, together with an 2379
estimate in itemized form, of the several sources of revenue 2380
available to the district, including the amount due from the state 2381
for the next fiscal year as provided in section 3709.32 of the 2382
Revised Code and the amount which the board anticipates will be 2383
collected in fees or from any tax levied for the benefit of the 2384
district under this chapter or Chapter 5705. of the Revised Code2385
during the next ensuing fiscal year, shall be certified to the 2386
county auditor and by the county auditor submitted to the county 2387
budget commission, which may reduce any item in suchthe2388
appropriation measure but may not increase any item or the 2389
aggregate of all itemsto be apportioned among the townships and 2390
municipal corporations composing the district in accordance with 2391
division (C) of this section.2392

       (C) The aggregate appropriation, as fixed by the commission, 2393
less the amounts available to the general health district from the 2394
severalall sources of revenue, including the estimated balance 2395
from the previous appropriationcertified for the ensuing fiscal 2396
year, including any amounts in the district health fund from the 2397
previous appropriation, and after considering and allowing for 2398
funds needed to fund ongoing operations in the ensuing fiscal 2399
year, shall be apportioned, by the county auditor among the 2400
townships and municipal corporations composing the health district 2401
on the basis of taxable valuations in such townships and municipal 2402
corporations. The auditor, when making the auditor's semiannual 2403
apportionment of funds, shall retain at each semiannual 2404
apportionment one-half of the amount apportioned to each township 2405
and municipal corporation. Such moneys and all other sources of 2406
revenue shall be placed in a separate fund, to be known as the 2407
"district health fund." WhenUnless otherwise required by a 2408
provision of the Revised Code or a rule adopted pursuant thereto, 2409
all other sources of revenue of the district shall be placed in 2410
the district health fund, provided that the revenue is used and 2411
maintained in accordance with the purpose for which the revenue 2412
was received.2413

        (D) When a general health district is composed of townships 2414
and municipal corporations in two or more counties, the county2415
auditor making the original apportionment shall certify to the 2416
auditor of each county concerned the amount apportioned to each 2417
township and municipal corporation in such county. Each auditor 2418
shall withhold from the semiannual apportionment to each such 2419
township or municipal corporation the amount certified, and shall 2420
pay the amounts withheld to the custodian of the funds of the 2421
health district concerned, to be credited to the district health 2422
fund. In making the apportionment under this paragraph for each 2423
year from 2002 through 2016, the county auditor shall add to the 2424
taxable valuation of each township and municipal corporation the 2425
tax value loss determined for each township and municipal 2426
corporation under divisions (D) and (E) of section 5727.84 of the 2427
Revised Code multiplied by the percentage used for that year in 2428
determining replacement payments under division (A)(1) of section 2429
5727.86 of the Revised Code. The tax commissioner shall certify to 2430
the county auditor the tax value loss for each township and 2431
municipal corporation for which the auditor must make an 2432
apportionment.2433

       (E) Subject to the aggregate amount as has been apportioned 2434
among the townships and municipalities and as may become available 2435
from the several sources of revenue, the board of health may, by 2436
resolution, transfer funds from one item in their appropriation to 2437
another item, reduce or increase any item, create new items, and 2438
make additional appropriations or reduce the total appropriation. 2439
Any such action shall forthwith be certified by the secretary of 2440
the board of health to the auditor for submission to and approval 2441
by the budget commission.2442

       (F) When any general health district has been united with or 2443
has contracted with a city health district located therein, the 2444
chief executive of the city shall, annually, on or before the 2445
first day of June, certify to the county auditor the total amount 2446
due for the ensuing fiscal year from the municipal corporations 2447
and townships in the district as provided in the contract between 2448
such city and the district advisory council of the original 2449
general health district. After approval by the county budget 2450
commission, the county auditor shall thereupon apportion the 2451
amount certified to the townships and municipal corporations, and 2452
shall withhold the sums apportioned as provided in this section.2453

       Sec. 3709.36.  The board of health of a city or general 2454
health district hereby created shall exercise all the powers and 2455
perform all the duties formerly conferred and imposed by law upon 2456
the board of health of a municipal corporation, and all such 2457
powers, duties, procedure, and penalties for violation of the 2458
sanitary regulations of a board of health of a municipal 2459
corporation are transferred to the board of health of a city or 2460
general health district by sections 3701.10, 3701.29, 3701.81, 2461
3707.08, 3707.14, 3707.16, 3707.47, and 3709.01 to 3709.36 of the 2462
Revised Code.2463

       The board of health of a city or general health district or 2464
the authority having the duties of a board of health under section 2465
3709.05 of the Revised Code shall, for the purpose of providing 2466
public health services, be a body politic and corporate. As such, 2467
it is capable of suing and being sued, contracting and being 2468
contracted with, acquiring, holding, possessing, and disposing of 2469
real and personal property, and taking and holding in trust for 2470
the use and benefit of such district or authority any grant or 2471
devise of land and any domain or bequest of money or other 2472
personal property.2473

       Sec. 3729.05.  (A)(1) On or after the first day of April, but 2474
before the first day of May of each year, every person who intends 2475
to operate a recreational vehicle park, recreation camp, or 2476
combined park-camp shall procure a license to operate the park or 2477
camp from the licensor. If the applicable license fee prescribed 2478
under section 3729.07 of the Revised Code is not received by the 2479
licensor by the close of business on the last day of April, the 2480
applicant for the license shall pay a penalty equal to twenty-five 2481
per cent of the applicable license fee. The penalty shall 2482
accompany the license fee. If the last day of April is not a 2483
business day, the penalty attaches upon the close of business on 2484
the next business day.2485

       (2) Every person who intends to operate a temporary park-camp 2486
shall obtain a license to operate the temporary park-camp from the 2487
licensor at any time before the person begins operation of the 2488
temporary park-camp during the calendar year.2489

       (3) No recreational vehicle park, recreation camp, combined 2490
park-camp, or temporary park-camp shall be maintained or operated 2491
in this state without a license. However, no person who neither 2492
intends to receive nor receives anything of value arising from the 2493
use of, or the sale of goods or services in connection with the 2494
use of, a recreational vehicle park, recreation camp, combined 2495
park-camp, or temporary park-camp is required to procure a license 2496
under this division. If any health hazard exists at such an 2497
unlicensed park, camp, or park-camp, the health hazard shall be 2498
corrected in a manner consistent with the appropriate rule adopted 2499
under division (A) or (B) of section 3729.02 of the Revised Code.2500

       (4) No person who has received a license under division 2501
(A)(1) of this section, upon the sale or disposition of the 2502
recreational vehicle park, recreation camp, or combined park-camp, 2503
may have the license transferred to the new operator. A person 2504
shall obtain a separate license to operate each recreational 2505
vehicle park, recreation camp, or combined park-camp. No license 2506
to operate a temporary park-camp shall be transferred. A person 2507
shall obtain a separate license for each temporary park-camp that 2508
the person intends to operate, and the license shall be valid for 2509
a period of not longer than seven consecutive days. A person who 2510
operates a temporary park-camp on a tract of land for more than 2511
twenty-one days or parts thereof in a calendar year shall obtain a 2512
license to operate a recreational vehicle park, recreation camp, 2513
or combined park-camp.2514

       (B)(1) Before a license is initially issued under division 2515
(A)(1) of this section and annually thereafter, or more often if 2516
necessary, the licensor shall cause each recreational vehicle 2517
park, recreation camp, or combined park-camp to be inspected to 2518
determine compliance with this chapter and rules adopted under it. 2519
A record shall be made of each inspection on a form prescribed by 2520
the director of health.2521

       (2) When a license is initially issued under division (A)(2) 2522
of this section, and more often if necessary, the licensor shall 2523
cause each temporary park-camp to be inspected to determine 2524
compliance with this chapter and rules adopted under it during the 2525
period that the temporary park-camp is in operation. A record 2526
shall be made of each inspection on a form prescribed by the 2527
director.2528

       (C) Each person applying for an initial license to operate a 2529
recreational vehicle park, recreation camp, combined park-camp, or 2530
temporary park-camp shall provide acceptable proof to the 2531
director, or to the licensor in the case of a temporary park-camp, 2532
that adequate fire protection will be provided and that applicable 2533
fire codes will be adhered to in the construction and operation of 2534
the park, camp, or park-camp.2535

       (D) Any person that operates a county or state fair or any 2536
independent agricultural society organized pursuant to section 2537
1711.02 of the Revised Code that operates a fair shall not be 2538
required to obtain a license under this chapter if recreational 2539
vehicles, portable camping units, or any combination of them are 2540
parked at the site of the fair only during the time of preparation 2541
for, operation of, and dismantling of the fair and if the 2542
recreational vehicles, portable camping units, or any combination 2543
of them belong to participants in the fair.2544

       (E) The following entities that operate a fair and that hold 2545
a license issued under this chapter are not required to comply 2546
with the requirements normally imposed on a licensee under this 2547
chapter and rules adopted under it during the time of preparation 2548
for, operation of, and dismantling of the fair:2549

       (1) A county agricultural society organized pursuant to 2550
section 1711.01 of the Revised Code;2551

       (2) An independent agricultural society organized pursuant to 2552
section 1711.02 of the Revised Code;2553

       (3) The Ohio expositions commission.2554

       Sec. 4123.41.  (A) By the first day of January of each year, 2555
the bureau of workers' compensation shall furnish to the county 2556
auditor of each county and the chief fiscal officer of each taxing 2557
district in a county and of each district activity and institution 2558
mentioned in section 4123.39 of the Revised Code forms containing 2559
the premium rates applicable to the county, district, district 2560
activity, or institution as an employer, on which to report the 2561
amount of money expended by the county, district, district 2562
activity, or institution during the previous twelve calendar 2563
months for the services of employees under this chapter.2564

       (B) Each county auditor and each fiscal officer of a 2565
district, district activity, and institution shall calculate on 2566
the form it receives from the bureau under division (A) of this 2567
section the premium due as its proper contribution to the public 2568
insurance fund and issue a warrant in favor of the bureau for the 2569
amount due from the county, district, district activity, or 2570
institution to the public insurance fund according to the 2571
following schedule:2572

       (1) On or before the fifteenth day of May of each year, no 2573
less than forty-five per cent of the amount due;2574

       (2) On or before the first day of September of each year, no 2575
less than the total amount due.2576

       (C) The legislative body of any county, district, district 2577
activity, or institution may reimburse the fund from which the2578
contribution isworkers' compensation payments are made by 2579
transferring to the fund from any other fund of the county, 2580
district, district activity, or institution, the proportionate 2581
amount of the contributionpayments that should be chargeable to 2582
the fund, whether the fund is derived from taxation or otherwise. 2583
The proportionate amount of the contributionpayments chargeable 2584
to the fund may be based on payroll, relative exposure, relative 2585
loss experience, or any combination of these factors, as 2586
determined by the legislative body. Within2587

       (1) The workers' compensation program payments of any county, 2588
district, district activity, or institution may include all 2589
payments required by any bureau of workers' compensation rating 2590
plan.2591

       (2) The workers' compensation program payments of any county, 2592
district, district activity, or institution, except for a county 2593
board of developmental disabilities, a board of alcohol, drug 2594
addiction, and mental health services, a board of mental health 2595
services, and a board of alcohol and drug addiction services, also 2596
may include any of the following:2597

       (a) Direct administrative costs incurred in the management of 2598
the county, district, district activity, or institution's workers' 2599
compensation program;2600

       (b) Indirect costs that are necessary and reasonable for the 2601
proper and efficient administration of the workers' compensation 2602
program as documented in a cost allocation plan. The indirect cost 2603
plan shall conform to the United States office of management and 2604
budget circular A-87 "cost principles for state and local 2605
governments," 2 C.F.R. 225, as most recently amended on May 10, 2606
2004. The plan shall not authorize payment from the fund of any 2607
general government expense required to carry out the overall 2608
governmental responsibilities.2609

       (3) Within sixty days before a legislative body changes the 2610
method used for calculating the proportionate amount of the 2611
contributionpayments chargeable to the fund, it shall notify, 2612
consult with, and give information supporting the change to any 2613
elected official affected by the change. A transfer made pursuant 2614
to division (B)(2) of this section is not subject to section 2615
5705.16 of the Revised Code.2616

       (C)(D) The bureau may investigate the correctness of the 2617
information provided by the county auditor and chief fiscal 2618
officer under division (B) of this section, and if the bureau 2619
determines at any time that the county, district, district 2620
activity, or institution has not reported the correct information, 2621
the administrator of workers' compensation may make deductions or 2622
additions as the facts warrant and take those facts into 2623
consideration in determining the current or future contributions 2624
to be made by the county, district, district activity, or 2625
institution. If the county, district, district activity, or 2626
institution does not furnish the report in the time required by 2627
this section, the administrator may fix the amount of contribution 2628
the county, district, district activity, or institution must make 2629
and certify that amount for payment.2630

       (D)(E) The administrator shall provide a discount to any 2631
county, district, district activity, or institution that pays its 2632
total amount due to the public insurance fund on or before the 2633
fifteenth day of May of each year as its proper contribution for 2634
premiums. The administrator shall base the discount provided under 2635
this division on the savings generated by the early payment to the 2636
public insurance fund. The administrator may provide the discount 2637
through a refund to the county, district, district activity, or 2638
institution or an offset against the future contributions due to 2639
the public insurance fund from the county, district, district 2640
activity, or institution.2641

       (E)(F) The administrator may impose an interest penalty for 2642
late payment of any amount due from a county, district, district 2643
activity, and institution at the interest rate established by the 2644
state tax commissioner pursuant to section 5703.47 of the Revised 2645
Code.2646

       Sec. 5301.68.  An owner of land may grant a conservation 2647
easement to the department of natural resources, a park district 2648
created under Chapter 1545. of the Revised Code, a township park 2649
district created under section 511.18 of the Revised Code, a 2650
conservancy district created under Chapter 6101. of the Revised 2651
Code, a soil and water conservation district created under Chapter 2652
1515. of the Revised Code, a regional water and sewer district 2653
created under Chapter 6119. of the Revised Code, a county, a 2654
township, a municipal corporation, or a charitable organization 2655
that is authorized to hold conservation easements by division (B) 2656
of section 5301.69 of the Revised Code, in the form of articles of 2657
dedication, easement, covenant, restriction, or condition. An 2658
owner of land also may grant an agricultural easement to the 2659
director of agriculture; to a municipal corporation, county, 2660
township, or soil and water conservation district; or to a 2661
charitable organization described in division (B) of section 2662
5301.69 of the Revised Code. An owner of land may grant an 2663
agricultural easement only on land that is valued for purposes of 2664
real property taxation at its current value for agricultural use 2665
under section 5713.31 of the Revised Code or that constitutes a 2666
homestead when the easement is granted.2667

       All conservation easements and agricultural easements shall 2668
be executed and recorded in the same manner as other instruments 2669
conveying interests in land.2670

       Sec. 5301.69.  (A) The director of natural resources, the 2671
board of park commissioners of a park district created under 2672
Chapter 1545. of the Revised Code, the board of park commissioners 2673
of a township park district created under section 511.18 of the 2674
Revised Code, the board of directors of a conservancy district 2675
created under Chapter 6101. of the Revised Code, the board of 2676
supervisors of a soil and water conservation district created 2677
under Chapter 1515. of the Revised Code, the board of trustees of 2678
a regional water and sewer district created under Chapter 6119. of 2679
the Revised Code, the board of county commissioners of a county, 2680
the board of township trustees of a township, or the legislative 2681
authority of a municipal corporation may acquire conservation 2682
easements in the name of the state, the district, or the county, 2683
township, or municipal corporation in the same manner as other 2684
interests in land may be acquired under section 307.02, 307.18, 2685
505.10, 505.261, 511.23, 717.01, 1501.01, 1515.08, 1545.11, or2686
6101.15, or 6119.111 of the Revised Code. Each officer, board, or 2687
authority acquiring a conservation easement shall name an 2688
appropriate administrative officer, department, or division to 2689
supervise and enforce the easement.2690

       (B) A charitable organization may acquire and hold 2691
conservation easements if it is exempt from federal taxation under 2692
subsection 501(a) and is described in subsection 501(c) of the 2693
"Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as 2694
amended, and organized for any of the following purposes: the 2695
preservation of land areas for public outdoor recreation or 2696
education, or scenic enjoyment; the preservation of historically 2697
important land areas or structures; or the protection of natural 2698
environmental systems. Such a charitable organization also may 2699
acquire and hold agricultural easements subject to the limitation 2700
that it may do so only on land that is valued for purposes of real 2701
property taxation at its current value for agricultural use under 2702
section 5713.31 of the Revised Code or that constitutes a 2703
homestead when the easement is granted.2704

       Sec. 5705.392.  (A) A board of county commissioners may adopt 2705
as a part of its annual appropriation measure a spending plan, or 2706
in the case of an amended appropriation measure, an amended 2707
spending plan, setting forth a quarterly schedule of expenses and 2708
expenditures of all appropriations for the fiscal year from the 2709
county general fund. The spending plan shall be classified to set 2710
forth separately a quarterly schedule of expenses and expenditures 2711
for each office, department, and division, and within each, the 2712
amount appropriated for personal services. Each office, 2713
department, and division shall be limited in its expenses and 2714
expenditures of moneys appropriated from the general fund during 2715
any quarter by the schedule established in the spending plan. The 2716
schedule established in the spending plan shall serve as a 2717
limitation during a quarter on the making of contracts and giving 2718
of orders involving the expenditure of money during that quarter 2719
for purposes of division (D) of section 5705.41 of the Revised 2720
Code.2721

       (B)(1) A board of county commissioners, by resolution, may 2722
adopt a spending plan or an amended spending plan setting forth 2723
separately a quarterly schedule of expenses and expenditures of 2724
appropriations from any county fund, except as provided in 2725
division (C) of this section, for the second half of a fiscal year 2726
and any subsequent fiscal year, for any county office, department, 2727
or division that has spent or encumbered more than six-tenths of 2728
the amount appropriated for personal services and payrolls during 2729
the first half of any fiscal year.2730

       (2) During any fiscal year, a board of county commissioners, 2731
by resolution, may adopt a spending plan or an amended spending 2732
plan setting forth separately a quarterly schedule of expenses and 2733
expenditures of appropriations from any county fund, except as 2734
provided in division (C) of this section, for any county office, 2735
department, or division that, during the previous fiscal year, 2736
spent one hundred ten per cent or more of the total amount 2737
appropriated for personal services and payrolls by the board in 2738
its annual appropriation measure required by section 5705.38 of 2739
the Revised Code. The spending plan or amended spending plan shall 2740
remain in effect for not more than two fiscal years, or until. But 2741
if the countyadministrative officer of the office, department, or 2742
division for which the plan was adopted is no longer in office, 2743
including terms of office to which the county officer is 2744
re-elected, whichever is lateran elected official, the spending 2745
plan shall not be in effect during a fiscal year in which that 2746
elected official is no longer the administrative officer of that 2747
office, department, or division.2748

       (3) At least thirty days before adopting a resolution under 2749
division (B)(1) or (2) of this section, the board of county 2750
commissioners shall provide written notice to each county office, 2751
department, or division for which it intends to adopt a spending 2752
plan or an amended spending plan. The notice shall be sent by 2753
regular first class mail or provided by personal service, and 2754
shall include a copy of the proposed spending plan or proposed 2755
amended spending plan. The county office, department, or division 2756
may meet with the board at any regular session of the board to 2757
comment on the notice, or to express concerns or ask questions 2758
about the proposed spending plan or proposed amended spending 2759
plan.2760

       (C) Division (B) of this section shall not apply to any fund 2761
that is subject to rules adopted by the tax commissioner under 2762
division (O) of section 5703.05 of the Revised Code.2763

       Sec. 5705.41.  No subdivision or taxing unit shall:2764

       (A) Make any appropriation of money except as provided in 2765
Chapter 5705. of the Revised Code; provided, that the 2766
authorization of a bond issue shall be deemed to be an 2767
appropriation of the proceeds of the bond issue for the purpose 2768
for which such bonds were issued, but no expenditure shall be made 2769
from any bond fund until first authorized by the taxing authority;2770

       (B) Make any expenditure of money unless it has been 2771
appropriated as provided in such chapter;2772

       (C) Make any expenditure of money except by a proper warrant 2773
drawn against an appropriate fund;2774

       (D)(1) Except as otherwise provided in division (D)(2) of 2775
this section and section 5705.44 of the Revised Code, make any 2776
contract or give any order involving the expenditure of money 2777
unless there is attached thereto a certificate of the fiscal 2778
officer of the subdivision that the amount required to meet the 2779
obligation or, in the case of a continuing contract to be 2780
performed in whole or in part in an ensuing fiscal year, the 2781
amount required to meet the obligation in the fiscal year in which 2782
the contract is made, has been lawfully appropriated for such 2783
purpose and is in the treasury or in process of collection to the 2784
credit of an appropriate fund free from any previous encumbrances. 2785
This certificate need be signed only by the subdivision's fiscal 2786
officer. Every such contract made without such a certificate shall 2787
be void, and no warrant shall be issued in payment of any amount 2788
due thereon. If no certificate is furnished as required, upon 2789
receipt by the taxing authority of the subdivision or taxing unit 2790
of a certificate of the fiscal officer stating that there was at 2791
the time of the making of such contract or order and at the time 2792
of the execution of such certificate a sufficient sum appropriated 2793
for the purpose of such contract and in the treasury or in process 2794
of collection to the credit of an appropriate fund free from any 2795
previous encumbrances, such taxing authority may authorize the 2796
drawing of a warrant in payment of amounts due upon such contract, 2797
but such resolution or ordinance shall be passed within thirty 2798
days after the taxing authority receives such certificate; 2799
provided that, if the amount involved is less than one hundred 2800
dollars in the case of counties or three thousand dollars in the 2801
case of all other subdivisions or taxing units, the fiscal officer 2802
may authorize it to be paid without such affirmation of the taxing 2803
authority of the subdivision or taxing unit, if such expenditure 2804
is otherwise valid.2805

       (2) Annually, theThe board of county commissioners may adopt 2806
a resolution exempting county purchases of one thousand dollars or 2807
less from the requirement of division (D)(1) of this section that 2808
a certificate be attached to any contract or order involving the 2809
expenditure of money. The resolution shall state the dollar amount 2810
that is exempted from the certificate requirement and whether the 2811
exemption applies to all purchases, to one or more specific 2812
classes of purchases, or to the purchase of one or more specific 2813
items. Prior to the adoption of the resolution, the board shall 2814
give written notice to the county auditor that it intends to adopt 2815
the resolution. The notice shall state the dollar amount that is 2816
proposed to be exempted and whether the exemption would apply to 2817
all purchases, to one or more specific classes of purchases, or to 2818
the purchase of one or more specific items. The county auditor may 2819
review and comment on the proposal, and shall send any comments to 2820
the board within fifteen days after receiving the notice. The 2821
board shall wait at least fifteen days after giving the notice to 2822
the auditor before adopting the resolution. A person authorized to 2823
make a county purchase in a county that has adopted such a 2824
resolution shall prepare and file with the county auditor, within 2825
three business days after incurring an obligation not requiring a 2826
certificate, or within any other period of time the board of 2827
county commissioners specifies in the resolution, a written or 2828
electronically transferred document specifying the purpose and 2829
amount of the expenditure, the date of the purchase, the name of 2830
the vendor, the specific appropriation items from which the 2831
expenditures are to be made, and any additional information as the 2832
auditor of state may prescribe.2833

       (3) Upon certification by the auditor or other chief fiscal 2834
officer that a certain sum of money, not in excess of an amount 2835
established by resolution or ordinance adopted by a majority of 2836
the members of the legislative authority of the subdivision or 2837
taxing unit, has been lawfully appropriated, authorized, or 2838
directed for a certain purpose and is in the treasury or in the 2839
process of collection to the credit of a specific line-item 2840
appropriation account in a certain fund free from previous and 2841
then outstanding obligations or certifications, then for such 2842
purpose and from such line-item appropriation account in such 2843
fund, over a period not extending beyond the end of the fiscal 2844
year, expenditures may be made, orders for payment issued, and 2845
contracts or obligations calling for or requiring the payment of 2846
money made and assumed; provided, that the aggregate sum of money 2847
included in and called for by such expenditures, orders, 2848
contracts, and obligations shall not exceed the sum so certified. 2849
Such a certification need be signed only by the fiscal officer of 2850
the subdivision or the taxing district and may, but need not, be 2851
limited to a specific vendor. An itemized statement of obligations 2852
incurred and expenditures made under such certificate shall be 2853
rendered to the auditor or other chief fiscal officer before 2854
another such certificate may be issued, and not more than one such 2855
certificate shall be outstanding at a time.2856

       In addition to providing the certification for expenditures 2857
as specified in this division, a subdivision also may make 2858
expenditures, issue orders for payment, and make contracts or 2859
obligations calling for or requiring the payment of money made and 2860
assumed for specified permitted purposes from a specific line-item 2861
appropriation account in a specified fund for a sum of money upon 2862
the certification by the fiscal officer of the subdivision that 2863
this sum of money has been lawfully appropriated, authorized, or 2864
directed for a permitted purpose and is in the treasury or in the 2865
process of collection to the credit of the specific line-item 2866
appropriation account in the specified fund free from previous and 2867
then-outstanding obligations or certifications; provided that the 2868
aggregate sum of money included in and called for by the 2869
expenditures, orders, and obligations shall not exceed the 2870
certified sum. The purposes for which a subdivision may lawfully 2871
appropriate, authorize, or issue such a certificate are the 2872
services of an accountant, architect, attorney at law, physician, 2873
professional engineer, construction project manager, consultant, 2874
surveyor, or appraiser by or on behalf of the subdivision or 2875
contracting authority; fuel oil, gasoline, food items, roadway 2876
materials, and utilities; and any purchases exempt from 2877
competitive bidding under section 125.04 of the Revised Code and 2878
any other specific expenditure that is a recurring and reasonably 2879
predictable operating expense. Such a certification shall not 2880
extend beyond the end of the fiscal year or, in the case of a 2881
board of county commissioners that has established a quarterly 2882
spending plan under section 5705.392 of the Revised Code, beyond 2883
the quarter to which the plan applies. Such a certificate shall be 2884
signed by the fiscal officer and may, but need not, be limited to 2885
a specific vendor. An itemized statement of obligations incurred 2886
and expenditures made under such a certificate shall be rendered 2887
to the fiscal officer for each certificate issued. More than one 2888
such certificate may be outstanding at any time.2889

       In any case in which a contract is entered into upon a per 2890
unit basis, the head of the department, board, or commission for 2891
the benefit of which the contract is made shall make an estimate 2892
of the total amount to become due upon such contract, which 2893
estimate shall be certified in writing to the fiscal officer of 2894
the subdivision. Such a contract may be entered into if the 2895
appropriation covers such estimate, or so much thereof as may be 2896
due during the current year. In such a case the certificate of the 2897
fiscal officer based upon the estimate shall be a sufficient 2898
compliance with the law requiring a certificate.2899

       Any certificate of the fiscal officer attached to a contract 2900
shall be binding upon the political subdivision as to the facts 2901
set forth therein. Upon request of any person receiving an order 2902
or entering into a contract with any political subdivision, the 2903
certificate of the fiscal officer shall be attached to such order 2904
or contract. "Contract" as used in this section excludes current 2905
payrolls of regular employees and officers.2906

       (E) Taxes and other revenue in process of collection, or the 2907
proceeds to be derived from authorized bonds, notes, or 2908
certificates of indebtedness sold and in process of delivery, 2909
shall for the purpose of this section be deemed in the treasury or 2910
in process of collection and in the appropriate fund. This section 2911
applies neither to the investment of sinking funds by the trustees 2912
of such funds, nor to investments made under sections 731.56 to 2913
731.59 of the Revised Code.2914

       No district authority shall, in transacting its own affairs, 2915
do any of the things prohibited to a subdivision by this section, 2916
but the appropriation referred to shall become the appropriation 2917
by the district authority, and the fiscal officer referred to 2918
shall mean the fiscal officer of the district authority.2919

       Sec. 5715.13.  (A) Except as provided in division (B) of this 2920
section, the county board of revision shall not decrease any 2921
valuation unless a party affected thereby or who is authorized to 2922
file a complaint under section 5715.19 of the Revised Code makes 2923
and files with the board a written application therefor, verified 2924
by oath and signature, showing the facts upon which it is claimed 2925
such decrease should be made.2926

       (B) The county board of revision may authorize a policy for 2927
the filing of an electronic complaint under section 5715.19 of the 2928
Revised Code and the filing of an electronic application therefor 2929
under this section, subject to the approval of the tax 2930
commissioner. An electronic complaint need not be sworn to, but 2931
shall contain an electronic verification and shall be subscribed 2932
to by the person filing the complaint: "I declare under penalties 2933
of perjury that this complaint has been examined by me and to the 2934
best of my knowledge and belief is true, correct, and complete.2935

       Sec. 5715.19.  (A) As used in this section, "member" has the 2936
same meaning as in section 1705.01 of the Revised Code.2937

       (1) Subject to division (A)(2) of this section, a complaint 2938
against any of the following determinations for the current tax 2939
year shall be filed with the county auditor on or before the 2940
thirty-first day of March of the ensuing tax year or the date of 2941
closing of the collection for the first half of real and public 2942
utility property taxes for the current tax year, whichever is 2943
later:2944

       (a) Any classification made under section 5713.041 of the 2945
Revised Code;2946

       (b) Any determination made under section 5713.32 or 5713.35 2947
of the Revised Code;2948

       (c) Any recoupment charge levied under section 5713.35 of the 2949
Revised Code;2950

       (d) The determination of the total valuation or assessment of 2951
any parcel that appears on the tax list, except parcels assessed 2952
by the tax commissioner pursuant to section 5727.06 of the Revised 2953
Code;2954

       (e) The determination of the total valuation of any parcel 2955
that appears on the agricultural land tax list, except parcels 2956
assessed by the tax commissioner pursuant to section 5727.06 of 2957
the Revised Code;2958

       (f) Any determination made under division (A) of section 2959
319.302 of the Revised Code.2960

       If such a complaint is filed by mail or certified mail, the 2961
date of the United States postmark placed on the envelope or 2962
sender's receipt by the postal service shall be treated as the 2963
date of filing. A private meter postmark on an envelope is not a 2964
valid postmark for purposes of establishing the filing date.2965

        Any person owning taxable real property in the county or in a 2966
taxing district with territory in the county; such a person's 2967
spouse; an individual who is retained by such a person and who 2968
holds a designation from a professional assessment organization, 2969
such as the institute for professionals in taxation, the national 2970
council of property taxation, or the international association of 2971
assessing officers; a public accountant who holds a permit under 2972
section 4701.10 of the Revised Code, a general or residential real 2973
estate appraiser licensed or certified under Chapter 4763. of the 2974
Revised Code, or a real estate broker licensed under Chapter 4735. 2975
of the Revised Code, who is retained by such a person; if the 2976
person is a firm, company, association, partnership, limited 2977
liability company, or corporation, an officer, a salaried 2978
employee, a partner, or a member of that person; if the person is 2979
a trust, a trustee of the trust; the board of county 2980
commissioners; the prosecuting attorney or treasurer of the 2981
county; the board of township trustees of any township with 2982
territory within the county; the board of education of any school 2983
district with any territory in the county; or the mayor or 2984
legislative authority of any municipal corporation with any 2985
territory in the county may file such a complaint regarding any 2986
such determination affecting any real property in the county, 2987
except that a person owning taxable real property in another 2988
county may file such a complaint only with regard to any such 2989
determination affecting real property in the county that is 2990
located in the same taxing district as that person's real property 2991
is located. The county auditor shall present to the county board 2992
of revision all complaints filed with the auditor.2993

       (2) As used in division (A)(2) of this section, "interim 2994
period" means, for each county, the tax year to which section 2995
5715.24 of the Revised Code applies and each subsequent tax year 2996
until the tax year in which that section applies again.2997

       No person, board, or officer shall file a complaint against 2998
the valuation or assessment of any parcel that appears on the tax 2999
list if it filed a complaint against the valuation or assessment 3000
of that parcel for any prior tax year in the same interim period, 3001
unless the person, board, or officer alleges that the valuation or 3002
assessment should be changed due to one or more of the following 3003
circumstances that occurred after the tax lien date for the tax 3004
year for which the prior complaint was filed and that the 3005
circumstances were not taken into consideration with respect to 3006
the prior complaint:3007

       (a) The property was sold in an arm's length transaction, as 3008
described in section 5713.03 of the Revised Code;3009

       (b) The property lost value due to some casualty;3010

       (c) Substantial improvement was added to the property;3011

       (d) An increase or decrease of at least fifteen per cent in 3012
the property's occupancy has had a substantial economic impact on 3013
the property.3014

       (3) If a county board of revision, the board of tax appeals, 3015
or any court dismisses a complaint filed under this section or 3016
section 5715.13 of the Revised Code for the reason that the act of 3017
filing the complaint was the unauthorized practice of law or the 3018
person filing the complaint was engaged in the unauthorized 3019
practice of law, the party affected by a decrease in valuation or 3020
the party's agent, or the person owning taxable real property in 3021
the county or in a taxing district with territory in the county, 3022
may refile the complaint, notwithstanding division (A)(2) of this 3023
section.3024

       (4) Notwithstanding division (A)(2) of this section, a 3025
person, board, or officer may file a complaint against the 3026
valuation or assessment of any parcel that appears on the tax list 3027
if it filed a complaint against the valuation or assessment of 3028
that parcel for any prior tax year in the same interim period if 3029
the person, board, or officer withdrew the complaint before the 3030
complaint was heard by the board.3031

       (B) Within thirty days after the last date such complaints 3032
may be filed, the auditor shall give notice of each complaint in 3033
which the stated amount of overvaluation, undervaluation, 3034
discriminatory valuation, illegal valuation, or incorrect 3035
determination is at least seventeen thousand five hundred dollars 3036
to each property owner whose property is the subject of the 3037
complaint, if the complaint was not filed by the owner or the 3038
owner's spouse, and to each board of education whose school 3039
district may be affected by the complaint. Within thirty days 3040
after receiving such notice, a board of education; a property 3041
owner; the owner's spouse; an individual who is retained by such 3042
an owner and who holds a designation from a professional 3043
assessment organization, such as the institute for professionals 3044
in taxation, the national council of property taxation, or the 3045
international association of assessing officers; a public 3046
accountant who holds a permit under section 4701.10 of the Revised 3047
Code, a general or residential real estate appraiser licensed or 3048
certified under Chapter 4763. of the Revised Code, or a real 3049
estate broker licensed under Chapter 4735. of the Revised Code, 3050
who is retained by such a person; or, if the property owner is a 3051
firm, company, association, partnership, limited liability 3052
company, corporation, or trust, an officer, a salaried employee, a 3053
partner, a member, or trustee of that property owner, may file a 3054
complaint in support of or objecting to the amount of alleged 3055
overvaluation, undervaluation, discriminatory valuation, illegal 3056
valuation, or incorrect determination stated in a previously filed 3057
complaint or objecting to the current valuation. Upon the filing 3058
of a complaint under this division, the board of education or the 3059
property owner shall be made a party to the action.3060

       (C) Each board of revision shall notify any complainant and 3061
also the property owner, if the property owner's address is known, 3062
when a complaint is filed by one other than the property owner, by 3063
certified mail, not less than ten days prior to the hearing, of 3064
the time and place the same will be heard. The board of revision 3065
shall hear and render its decision on a complaint within ninety 3066
days after the filing thereof with the board, except that if a 3067
complaint is filed within thirty days after receiving notice from 3068
the auditor as provided in division (B) of this section, the board 3069
shall hear and render its decision within ninety days after such 3070
filing.3071

       (D) The determination of any such complaint shall relate back 3072
to the date when the lien for taxes or recoupment charges for the 3073
current year attached or the date as of which liability for such 3074
year was determined. Liability for taxes and recoupment charges 3075
for such year and each succeeding year until the complaint is 3076
finally determined and for any penalty and interest for nonpayment 3077
thereof within the time required by law shall be based upon the 3078
determination, valuation, or assessment as finally determined. 3079
Each complaint shall state the amount of overvaluation, 3080
undervaluation, discriminatory valuation, illegal valuation, or 3081
incorrect classification or determination upon which the complaint 3082
is based. The treasurer shall accept any amount tendered as taxes 3083
or recoupment charge upon property concerning which a complaint is 3084
then pending, computed upon the claimed valuation as set forth in 3085
the complaint. If a complaint filed under this section for the 3086
current year is not determined by the board within the time 3087
prescribed for such determination, the complaint and any 3088
proceedings in relation thereto shall be continued by the board as 3089
a valid complaint for any ensuing year until such complaint is 3090
finally determined by the board or upon any appeal from a decision 3091
of the board. In such case, the original complaint shall continue 3092
in effect without further filing by the original taxpayer, the 3093
original taxpayer's assignee, or any other person or entity 3094
authorized to file a complaint under this section.3095

       (E) If a taxpayer files a complaint as to the classification, 3096
valuation, assessment, or any determination affecting the 3097
taxpayer's own property and tenders less than the full amount of 3098
taxes or recoupment charges as finally determined, an interest 3099
charge shall accrue as follows:3100

       (1) If the amount finally determined is less than the amount 3101
billed but more than the amount tendered, the taxpayer shall pay 3102
interest at the rate per annum prescribed by section 5703.47 of 3103
the Revised Code, computed from the date that the taxes were due 3104
on the difference between the amount finally determined and the 3105
amount tendered. This interest charge shall be in lieu of any 3106
penalty or interest charge under section 323.121 of the Revised 3107
Code unless the taxpayer failed to file a complaint and tender an 3108
amount as taxes or recoupment charges within the time required by 3109
this section, in which case section 323.121 of the Revised Code 3110
applies.3111

       (2) If the amount of taxes finally determined is equal to or 3112
greater than the amount billed and more than the amount tendered, 3113
the taxpayer shall pay interest at the rate prescribed by section 3114
5703.47 of the Revised Code from the date the taxes were due on 3115
the difference between the amount finally determined and the 3116
amount tendered, such interest to be in lieu of any interest 3117
charge but in addition to any penalty prescribed by section 3118
323.121 of the Revised Code.3119

       (F) Upon request of a complainant, the tax commissioner shall 3120
determine the common level of assessment of real property in the 3121
county for the year stated in the request that is not valued under 3122
section 5713.31 of the Revised Code, which common level of 3123
assessment shall be expressed as a percentage of true value and 3124
the common level of assessment of lands valued under such section, 3125
which common level of assessment shall also be expressed as a 3126
percentage of the current agricultural use value of such lands. 3127
Such determination shall be made on the basis of the most recent 3128
available sales ratio studies of the commissioner and such other 3129
factual data as the commissioner deems pertinent.3130

       (G) A complainant shall provide to the board of revision all 3131
information or evidence within the complainant's knowledge or 3132
possession that affects the real property that is the subject of 3133
the complaint. A complainant who fails to provide such information 3134
or evidence is precluded from introducing it on appeal to the 3135
board of tax appeals or the court of common pleas, except that the 3136
board of tax appeals or court may admit and consider the evidence 3137
if the complainant shows good cause for the complainant's failure 3138
to provide the information or evidence to the board of revision.3139

       (H) In case of the pendency of any proceeding in court based 3140
upon an alleged excessive, discriminatory, or illegal valuation or 3141
incorrect classification or determination, the taxpayer may tender 3142
to the treasurer an amount as taxes upon property computed upon 3143
the claimed valuation as set forth in the complaint to the court. 3144
The treasurer may accept the tender. If the tender is not 3145
accepted, no penalty shall be assessed because of the nonpayment 3146
of the full taxes assessed.3147

       Sec. 6115.20.  (A) When it is determined to let the work 3148
relating to the improvements for which a sanitary district was 3149
established by contract, contracts in amounts to exceed tenfifty3150
thousand dollars shall be advertised after notice calling for bids 3151
has been published once a week for five consecutive weeks 3152
completed on the date of last publication or as provided in 3153
section 7.16 of the Revised Code, in a newspaper of general 3154
circulation within the sanitary district where the work is to be 3155
done. The board of directors of the sanitary district shall let 3156
bids as provided in this section or, if applicable, section 9.312 3157
of the Revised Code. If the bids are for a contract for the 3158
construction, demolition, alteration, repair, or reconstruction of 3159
an improvement, the board of directors of the sanitary district 3160
shall let the contract to the lowest or best bidder who meets the 3161
requirements of section 153.54 of the Revised Code. If the bids 3162
are for a contract for any other work relating to the improvements 3163
for which a sanitary district was established, the board of 3164
directors of the sanitary district shall let the contract to the 3165
lowest or best bidder who gives a good and approved bond, with 3166
ample security, conditioned on the carrying out of the contract 3167
and the payment for all labor and material. The contract shall be 3168
in writing and shall be accompanied by or shall refer to plans and 3169
specifications for the work to be done prepared by the chief 3170
engineer. The plans and specifications at all times shall be made 3171
and considered a part of the contract. The contract shall be 3172
approved by the board and signed by the president of the board and 3173
by the contractor and shall be executed in duplicate. In case of 3174
emergency the advertising of contracts may be waived upon the 3175
consent of the board with the approval of the court or judge in 3176
vacation.3177

       (B) In the case of a sanitary district organized wholly for 3178
the purpose of providing a water supply for domestic, municipal, 3179
and public use that includes two municipal corporations in two 3180
counties, any service to be purchased, including the services of 3181
an accountant, architect, attorney at law, physician, or 3182
professional engineer, at a cost in excess of tenfifty thousand 3183
dollars shall be obtained in the manner provided in sections 3184
153.65 to 153.73 of the Revised Code. For the purposes of the 3185
application of those sections to division (B) of this section, all 3186
of the following apply:3187

       (1) "Public authority," as used in those sections, shall be 3188
deemed to mean a sanitary district organized wholly for the 3189
purpose of providing a water supply for domestic, municipal, and 3190
public use that includes two municipal corporations in two 3191
counties;3192

       (2) "Professional design firm," as used in those sections, 3193
shall be deemed to mean any person legally engaged in rendering 3194
professional design services as defined in division (B)(3) of this 3195
section;3196

       (3) "Professional design services," as used in those 3197
sections, shall be deemed to mean accounting, architectural, 3198
legal, medical, or professional engineering services;3199

       (4) The use of other terms in those sections shall be adapted 3200
accordingly, including, without limitation, for the purposes of 3201
division (D) of section 153.67 of the Revised Code;3202

       (5) Divisions (A) to (C) of section 153.71 of the Revised 3203
Code do not apply.3204

       (C) The board of directors of a district organized wholly for 3205
the purpose of providing a water supply for domestic, municipal, 3206
and public use may contract for, purchase, or otherwise procure 3207
for the benefit of employees of the district and pay all or any 3208
part of the cost of group insurance policies that may provide 3209
benefits, including, but not limited to, hospitalization, surgical 3210
care, major medical care, disability, dental care, vision care, 3211
medical care, hearing aids, or prescription drugs. Any group 3212
insurance policy purchased under this division shall be purchased 3213
from the health care corporation that the board of directors 3214
determines offers the most cost-effective group insurance policy.3215

       Sec. 6119.02.  (A) Proceedings for the organization of a 3216
regional water and sewer district shall be initiated only by a 3217
petition filed in the office of the clerk of the court of common 3218
pleas of one of the counties all or part of which lies within the 3219
proposed district. The petition shall be signed by one or more 3220
municipal corporations, one or more counties, or one or more 3221
townships, or by any combination of them, after having been 3222
authorized by the legislative authority of the political 3223
subdivision. The legislative authority of any municipal 3224
corporation, the board of county commissioners of any county, and 3225
the board of trustees of any township may act in behalf of any 3226
part of their respective political subdivisions. The petition 3227
shall specify all of the following:3228

       (1) The proposed name of the district;3229

       (2) The place in which its principal office is to be located;3230

       (3) The necessity for the proposed district and that it will 3231
be conducive to the public health, safety, convenience, or 3232
welfare;3233

       (4) A general description of the purpose of the proposed 3234
district;3235

       (5) A general description of the territory to be included in 3236
the district, which need not be given by metes and bounds or by 3237
legal subdivisions, but is sufficient if an accurate description 3238
is given of the territory to be organized as a district. The 3239
territory need not be contiguous, provided that it is so situated 3240
that the public health, safety, convenience, or welfare will be 3241
promoted by the organization as a single district of the territory 3242
described.3243

       (6) The manner of selection, the number, the term, and the 3244
compensation of the members of the governing body of the district, 3245
which shall be called a board of trustees. The petition may set 3246
forth procedures for subsequent changes in the composition of and 3247
other provisions relating to the board of trustees. The original 3248
or properly amended petition may prohibit elected officials from 3249
serving on the board and may permit one or more elected officials 3250
from any appointing authority to serve on the board. However, 3251
elected officials from the same political subdivision shall not 3252
comprise a majority of the members of the board. Notwithstanding 3253
the foregoing, a board appointed prior to the effective date of 3254
this amendment may continue as prescribed in the petition and 3255
rules and regulations of the district that were in effect prior to 3256
the effective date of this amendment, and, if not prohibited in 3257
the petition or rules and regulations, the board may include 3258
elected officials. As used in this division, "elected official" 3259
means an official elected to an office of municipal, township, or 3260
county government, or a person appointed to fill a vacancy in such 3261
an office.3262

       (7) The plan for financing the cost of the operations of the 3263
district until it is in receipt of revenue from its operations or 3264
proceeds from the sale of bonds;3265

       (8) A prayer for the organization of the district by the name 3266
proposed, either before or after a preliminary hearing as provided 3267
in section 6119.04 of the Revised Code.3268

       (B) Prior to filing a petition under division (A) of this 3269
section, a municipal corporation, county, or township shall hold a 3270
public meeting for the purpose of receiving comments on the 3271
proposed establishment of a regional water and sewer district. If 3272
a combination of municipal corporations, counties, or townships 3273
signed the petition, the signers jointly shall hold the public 3274
meeting. At the meeting, a representative of the signer or signers 3275
of the petition shall present a preliminary study of the reasons 3276
for the proposed establishment of the district.3277

       The signer or signers of the petition shall provide written 3278
notice of the public meeting to each elector residing in the 3279
territory of the proposed district. Failure to notify an elector 3280
does not invalidate any proceeding before a court under this 3281
chapter.3282

       (C) Upon the filing of the petition, the judge of the court 3283
of common pleas of the county in which the petition is filed or, 3284
in the case of a county having more than one such judge, a judge 3285
of that court assigned by its presiding judge shall determine if 3286
the petition complies with the requirements of this section as to 3287
form and content. No petition shall be declared void by the judge 3288
on account of alleged defects. The court in subsequent proceedings 3289
at any time may permit the petition to be amended in form and 3290
substance to conform to the facts by correcting any errors in the 3291
description of the territory or in any other particular.3292

       Sec. 6119.10.  The board of trustees of a regional water and 3293
sewer district or any officer or employee designated by the board 3294
may make any contract for the purchase of supplies or material or 3295
for labor for any work, under the supervision of the board, the 3296
cost of which shall not exceed twenty-fivefifty thousand dollars. 3297
When an expenditure, other than for the acquisition of real estate 3298
and interests in real estate, the discharge of noncontractual 3299
claims, personal services, the joint use of facilities or the 3300
exercise of powers with other political subdivisions, or the 3301
product or services of public utilities, exceeds twenty-fivefifty3302
thousand dollars, the expenditures shall be made only after a 3303
notice calling for bids has been published two consecutive weeks 3304
in one newspaper of general circulation within the district or as 3305
provided in section 7.16 of the Revised Code. If the bids are for 3306
a contract for the construction, demolition, alteration, repair, 3307
or reconstruction of an improvement, the board may let the 3308
contract to the lowest and best bidder who meets the requirements 3309
of section 153.54 of the Revised Code. If the bids are for a 3310
contract for any other work relating to the improvements for which 3311
a regional water and sewer district was established, the board of 3312
trustees of the regional water and sewer district may let the 3313
contract to the lowest or best bidder who gives a good and 3314
approved bond with ample security conditioned on the carrying out 3315
of the contract. The contract shall be in writing and shall be 3316
accompanied by or shall refer to plans and specifications for the 3317
work to be done, approved by the board. The plans and 3318
specifications shall at all times be made and considered part of 3319
the contract. The contract shall be approved by the board and 3320
signed by its president or other duly authorized officer and by 3321
the contractor. In case of a real and present emergency, the board 3322
of trustees of the district, by two-thirds vote of all members, 3323
may authorize the president or other duly authorized officer to 3324
enter into a contract for work to be done or for the purchase of 3325
supplies or materials without formal bidding or advertising. All 3326
contracts shall have attached the certificate required by section 3327
5705.41 of the Revised Code duly executed by the secretary of the 3328
board of trustees of the district. The district may make 3329
improvements by force account or direct labor, provided that, if 3330
the estimated cost of supplies or material for any such 3331
improvement exceeds twenty-fivefifty thousand dollars, bids shall 3332
be received as provided in this section. For the purposes of the 3333
competitive bidding requirements of this section, the board shall 3334
not sever a contract for supplies or materials and labor into 3335
separate contracts for labor, supplies, or materials if the 3336
contracts are in fact a part of a single contract required to be 3337
bid competitively under this section.3338

       Section 2. That existing sections 9.833, 118.023, 118.06, 3339
118.31, 120.08, 120.53, 124.42, 305.171, 307.12, 307.86, 307.861, 3340
307.87, 307.88, 308.13, 329.40, 505.60, 505.601, 505.603, 511.23, 3341
703.21, 731.141, 735.05, 737.03, 749.26, 749.28, 749.31, 753.15, 3342
755.29, 755.30, 1545.07, 2907.27, 3316.04, 3316.06, 3709.08, 3343
3709.28, 3709.36, 3729.05, 4123.41, 5301.68, 5301.69, 5705.392, 3344
5705.41, 5715.13, 5715.19, 6115.20, 6119.02, and 6119.10 and 3345
sections 507.07 and 3709.081 of the Revised Code are hereby 3346
repealed.3347

       Section 3. Not later than November 1, 2012, the county 3348
auditor of each county shall furnish to the Auditor of State a 3349
statement showing both of the following:3350

        (A) The formula used in that county for allocating the county 3351
undivided local government fund pursuant to section 5747.53 of the 3352
Revised Code if the fund is allocated by an alternative formula 3353
under that section. If the fund is allocated by the statutory 3354
formula under section 5747.51 of the Revised Code, the statement 3355
shall so indicate.3356

        (B) The dollar amount distributed in 2012 to each subdivision 3357
in that county that received a distribution from the county 3358
undivided local government fund.3359

       Section 4. Notwithstanding any provision of the Revised Code 3360
to the contrary, in 2012, the certification by the Secretary of 3361
State on the seventieth day before the general election of the 3362
forms of the official ballots to be used at that general election 3363
required by division (A) of section 3505.01 of the Revised Code 3364
shall not include the names of the major political party 3365
presidential and vice-presidential candidates.3366

        The major political parties shall certify to the Secretary of 3367
State the names of the candidates for president and vice-president 3368
nominated at their national conventions as soon as possible, but 3369
in no case later than four p.m. on the sixtieth day before the 3370
2012 general election.3371

        The Secretary of State promptly shall amend the original 3372
certification to the boards of elections of each county of the 3373
forms of the official ballots to be used at that general election, 3374
by adding the names of the major party presidential and 3375
vice-presidential candidates that were not included in the 3376
original certification.3377

        For the purpose of this section, "major political party" has 3378
the same meaning as in section 3501.01 of the Revised Code.3379

       Section 5. Section 3 of this act is hereby declared to be an 3380
emergency measure necessary for the immediate preservation of the 3381
public peace, health, and safety. The reason for such necessity is 3382
that the statutory deadline for political parties to certify 3383
presidential and vice-presidential candidates to the Secretary of 3384
State for placement on the ballot for the November 6, 2012, 3385
general election is prior to the date the national conventions of 3386
the major political parties are scheduled to take place. 3387
Therefore, Section 3 of this act shall go into immediate effect.3388

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