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

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-Engrossed.html
As Passed by the Senate

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 

Senators LaRose, Coley, Eklund, Hite, Jones, Niehaus, Patton, Seitz, Wagoner 

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, 307.932, 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, 1901.01, 1711
1901.02, 1901.03, 1901.07, 1901.08, 1901.31, 1907.11, 2907.27, 2929.26, 3316.04, 3316.06, 6
3709.08, 3709.28, 3709.36, 3729.05, 4123.41, 7
5301.68, 5301.69, 5705.392, 5705.41, 5709.40, 1103
5709.41, 5709.73, 5709.77, and 5713.041, 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 expressly 1105
define "residential property" for the purpose of the existing 1106
limitation on tax exemption for such property under the tax 1107
increment financing law, 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, 307.932, 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, 1901.01, 1901.02, 2
1901.03, 1901.07, 1901.08, 1901.31, 1907.11, 2907.27, 2929.26, 3316.04, 3316.06, 3709.08, 3709.28, 27
3709.36, 3729.05, 4123.41, 5301.68, 5301.69, 5705.392, 5705.41, 5709.40, 5709.41, 2
5709.73, 5709.77, and 5713.041, 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. 307.932.  (A) As used in this section:6

       (1) "Division of parole and community services" means the 7
division of parole and community services of the department of 8
rehabilitation and correction.9

       (2) "Eligible offender" means, in relation to a particular 10
community alternative sentencing center or district community 11
alternative sentencing center established and operated under 12
division (E) of this section, an offender who has been convicted 13
of or pleaded guilty to a qualifying misdemeanor offense, for whom 14
no provision of the Revised Code or ordinance of a municipal 15
corporation other than section 4511.19 of the Revised Code, both 16
section 4510.14 and 4511.19 of the Revised Code, or an ordinance 17
or ordinances of a municipal corporation that provide the 18
penalties for a municipal OVI offense or for both a municipal OVI 19
ordinance and a municipal DUS ordinance of the municipal 20
corporation requires the imposition of a mandatory jail term for 21
that qualifying misdemeanor offense, and who is eligible to be 22
sentenced directly to that center and admitted to it under rules 23
adopted under division (G) of this section by the board of county 24
commissioners or affiliated group of boards of county 25
commissioners that established and operates that center.26

       (3) "Municipal OVI offense" has the same meaning as in 27
section 4511.181 of the Revised Code.28

        (4) "OVI term of confinement" means a term of confinement 29
imposed for a violation of section 4511.19 of the Revised Code or 30
for a municipal OVI offense, including any mandatory jail term or 31
mandatory term of local incarceration imposed for that violation 32
or offense.33

        (5) "Community residential sanction" means a community 34
residential sanction imposed under section 2929.26 of the Revised 35
Code for a misdemeanor violation of a section of the Revised Code 36
or a term of confinement imposed for a misdemeanor violation of a 37
municipal ordinance that is not a jail term.38

       (6) "Qualifying misdemeanor offense" means a violation of any 39
section of the Revised Code that is a misdemeanor or a violation 40
of any ordinance of a municipal corporation located in the county 41
that is a misdemeanor.42

       (7) "Municipal DUS offense" means a violation of a municipal 43
ordinance that is substantially equivalent to section 4510.14 of 44
the Revised Code.45

       (B)(1) The board of county commissioners of any county, in 46
consultation with the sheriff of the county, may formulate a 47
proposal for a community alternative sentencing center that, upon 48
implementation by the county or being subcontracted to or operated 49
by a nonprofit organization, would be used for the confinement of 50
eligible offenders sentenced directly to the center by a court 51
located in the county pursuant to a community residential sanction 52
of not more than thirty days or pursuant to an OVI term of 53
confinement of not more than sixty days, and for the purpose of 54
closely monitoring those eligible offenders' adjustment to 55
community supervision. A board that formulates a proposal pursuant 56
to this division shall do so by resolution.57

       (2) The boards of county commissioners of two or more 58
adjoining or neighboring counties, in consultation with the 59
sheriffs of each of those counties, may affiliate and formulate by 60
resolution adopted by each of them a proposal for a district 61
community alternative sentencing center that, upon implementation 62
by the counties or being subcontracted to or operated by a 63
nonprofit organization, would be used for the confinement of 64
eligible offenders sentenced directly to the center by a court 65
located in any of those counties pursuant to a community 66
residential sanction of not more than thirty days or pursuant to 67
an OVI term of confinement of not more than sixty days, and for 68
the purpose of closely monitoring those eligible offenders' 69
adjustment to community supervision. Each board that affiliates 70
with one or more other boards to formulate a proposal pursuant to 71
this division shall formulate the proposal by resolution.72

       (C) Each proposal for a community alternative sentencing 73
center or a district community alternative sentencing center that 74
is formulated under division (B)(1) or (2) of this section shall 75
include proposals for operation of the center and for criteria to 76
define which offenders are eligible to be sentenced directly to 77
the center and admitted to it. At a minimum, the proposed criteria 78
that define which offenders are eligible to be sentenced directly 79
to the center and admitted to it shall provide all of the 80
following: 81

       (1) That an offender is eligible to be sentenced directly to 82
the center and admitted to it if the offender has been convicted 83
of or pleaded guilty to a qualifying misdemeanor offense and is 84
sentenced directly to the center for the qualifying misdemeanor 85
offense pursuant to a community residential sanction of not more 86
than thirty days or pursuant to an OVI term of confinement of not 87
more than sixty days by a court that is located in the county or 88
one of the counties served by the board of county commissioners or 89
by any of the affiliated group of boards of county commissioners 90
that submits the proposal;91

       (2) That, except as otherwise provided in this division, no 92
offender is eligible to be sentenced directly to the center or 93
admitted to it if, in addition to the community residential 94
sanction or OVI term of confinement described in division (C)(1) 95
of this section, the offender is serving or has been sentenced to 96
serve any other jail term, prison term, or community residential 97
sanction. A mandatory jail term or electronic monitoring imposed 98
in lieu of a mandatory jail term for a violation of section 99
4511.19 of the Revised Code, for a municipal OVI offense, or for 100
either such offense and a similar offense that exceeds sixty days 101
of confinement shall not disqualify the offender from serving 102
sixty days of the mandatory jail term at the center.103

       (D) If a proposal for a community alternative sentencing 104
center or a district community alternative sentencing center that 105
is formulated under division (B)(1) or (2) of this section 106
contemplates the use of an existing facility, or a part of an 107
existing facility, as the center, nothing in this section limits, 108
restricts, or precludes the use of the facility, the part of the 109
facility, or any other part of the facility for any purpose other 110
than as a community alternative sentencing center or district 111
community alternative sentencing center.112

       (E) The establishment and operation of a community 113
alternative sentencing center or district community alternative 114
sentencing center may be done by subcontracting with a nonprofit 115
organization for the operation of the center.116

       If a board of county commissioners or an affiliated group of 117
boards of county commissioners establishes and operates a 118
community alternative sentencing center or district community 119
alternative sentencing center under this division, except as 120
otherwise provided in this division, the center is not a minimum 121
security jail under section 341.14, section 753.21, or any other 122
provision of the Revised Code, is not a jail or alternative 123
residential facility as defined in section 2929.01 of the Revised 124
Code, is not required to satisfy or comply with minimum standards 125
for minimum security jails or other jails that are promulgated 126
under division (A) of section 5120.10 of the Revised Code, is not 127
a local detention facility as defined in section 2929.36 of the 128
Revised Code, and is not a residential unit as defined in section 129
2950.01 of the Revised Code. The center is a detention facility as 130
defined in sections 2921.01 and 2923.124 of the Revised Code, and 131
an eligible offender confined in the center is under detention as 132
defined in section 2921.01 of the Revised Code. Regarding persons 133
sentenced directly to the center under an OVI term of confinement 134
or under both an OVI term of confinement and confinement for a 135
violation of section 4510.14 of the Revised Code or a municipal 136
DUS offense, the center shall be considered a "jail" or "local 137
correctional facility" for purposes of any provision in section 138
4510.14 or 4511.19 of the Revised Code or in an ordinance of a 139
municipal corporation that requires a mandatory jail term or 140
mandatory term of local incarceration for the violation of section 141
4511.19 of the Revised Code, the violation of both section 4510.14 142
and 4511.19 of the Revised Code, the municipal OVI offense, or the 143
municipal OVI offense and the municipal DUS offense, and a direct 144
sentence of a person to the center under an OVI term of 145
confinement or under both an OVI term of confinement and 146
confinement for a violation of section 4510.14 of the Revised Code 147
or a municipal DUS offense shall be considered to be a sentence to 148
a "jail" or "local correctional facility" for purposes of any such 149
provision in section 4510.14 or 4511.19 of the Revised Code or in 150
an ordinance of a municipal corporation.151

       (F)(1) If the board of county commissioners of a county that 152
is being served by a community alternative sentencing center 153
established pursuant to division (E) of this section determines 154
that it no longer wants to be served by the center, the board may 155
dissolve the center by adopting a resolution evidencing the 156
determination to dissolve the center.157

       (2) If the boards of county commissioners of all of the 158
counties served by any district community alternative sentencing 159
center established pursuant to division (E) of this section 160
determine that they no longer want to be served by the center, the 161
boards may dissolve the center by adopting in each county a 162
resolution evidencing the determination to dissolve the center. 163

       (3) If at least one, but not all, of the boards of county 164
commissioners of the counties being served by any district 165
community alternative sentencing center established pursuant to 166
division (E) of this section determines that it no longer wants to 167
be served by the center, the board may terminate its involvement 168
with the center by adopting a resolution evidencing the 169
determination to terminate its involvement with the center. If at 170
least one, but not all, of the boards of county commissioners of 171
the counties being served by any community alternative sentencing 172
center terminates its involvement with the center in accordance 173
with this division, the other boards of county commissioners of 174
the counties being served by the center may continue to be served 175
by the center.176

       (G) Prior to establishing or operating a community 177
alternative sentencing center or a district community alternative 178
sentencing center, the board of county commissioners or the 179
affiliated group of boards of county commissioners that formulated 180
the proposal shall adopt rules for the operation of the center. 181
The rules shall include criteria that define which offenders are 182
eligible to be sentenced directly to the center and admitted to 183
it. 184

       (H) If a board of county commissioners establishes and 185
operates a community alternative sentencing center under division 186
(E) of this section, or an affiliated group of boards of county 187
commissioners establishes and operates a district community 188
alternative sentencing center under that division, all of the 189
following apply:190

       (1) Any court located within the county served by the board 191
that establishes and operates a community correctional center may 192
directly sentence eligible offenders to the center pursuant to a 193
community residential sanction of not more than thirty days or 194
pursuant to an OVI term of confinement, a combination of an OVI 195
term of confinement and confinement for a violation of section 196
4510.14 of the Revised Code, or confinement for a municipal DUS 197
offense of not more than sixtyninety days. Any court located 198
within a county served by any of the boards that establishes and 199
operates a district community correctional center may directly 200
sentence eligible offenders to the center pursuant to a community 201
residential sanction of not more than thirty days or pursuant to 202
an OVI term of confinement of not more than thirty days.203

       (2) Each eligible offender who is sentenced to the center as 204
described in division (H)(1) of this section and admitted to it 205
shall be offered during the eligible offender's confinement at the 206
center educational and vocational services and reentry planning 207
and may be offered any other treatment and rehabilitative services 208
that are available and that the court that sentenced the 209
particular eligible offender to the center and the administrator 210
of the center determine are appropriate based upon the offense for 211
which the eligible offender was sentenced to the community 212
residential sanction and the length of the sanction. 213

       (3) Before accepting an eligible offender sentenced to the 214
center by a court, the board or the affiliated group of boards 215
shall enter into an agreement with a political subdivision that 216
operates that court that addresses the cost and payment of medical 217
treatment or services received by eligible offenders sentenced by 218
that court while they are confined in the center. The agreement 219
may provide for the payment of the costs by the particular 220
eligible offender who receives the treatment or services, as 221
described in division (I) of this section.222

       (4) If a court sentences an eligible offender to a center 223
under authority of division (H)(1) of this section, immediately 224
after the sentence is imposed, the eligible offender shall be 225
taken to the probation department that serves the court. The 226
department shall handle any preliminary matters regarding the 227
admission of the eligible offender to the center, including a 228
determination as to whether the eligible offender may be admitted 229
to the center under the criteria included in the rules adopted 230
under division (G) of this section that define which offenders are 231
eligible to be sentenced and admitted to the center. If the 232
eligible offender is accepted for admission to the center, the 233
department shall schedule the eligible offender for the admission 234
and shall provide for the transportation of the offender to the 235
center. If an eligible offender who is sentenced to the center 236
under a community residential sanction is not accepted for 237
admission to the center for any reason, the nonacceptance shall be 238
considered a violation of a condition of the community residential 239
sanction, the eligible offender shall be taken before the court 240
that imposed the sentence, and the court may proceed as specified 241
in division (C)(2) of section 2929.25 of the Revised Code based on 242
the violation or as provided by ordinance of the municipal 243
corporation based on the violation, whichever is applicable. If an 244
eligible offender who is sentenced to the center under an OVI term 245
of confinement is not accepted for admission to the center for any 246
reason, the eligible offender shall be taken before the court that 247
imposed the sentence, and the court shall determine the place at 248
which the offender is to serve the term of confinement. If the 249
eligible offender is admitted to the center, all of the following 250
apply:251

       (a) The admission shall be under the terms and conditions 252
established by the court and the administrator of the center, and 253
the court and the administrator of the center shall provide for 254
the confinement of the eligible offender and supervise the 255
eligible offender as provided in divisions (H)(4)(b) to (f) of 256
this section.257

       (b) The eligible offender shall be confined in the center 258
during any period of time that the eligible offender is not 259
actually working at the eligible offender's approved work release 260
described in division (H)(4)(c) of this section, engaged in 261
community service activities described in division (H)(4)(d) of 262
this section, engaged in authorized vocational training or another 263
authorized educational program, engaged in another program 264
designated by the administrator of the center, or engaged in other 265
activities approved by the court and the administrator of the 266
center.267

       (c) If the court and the administrator of the center 268
determine that work release is appropriate based upon the offense 269
for which the eligible offender was sentenced to the community 270
residential sanction or OVI term of confinement and the length of 271
the sanction or term, the eligible offender may be offered work 272
release from confinement at the center and be released from 273
confinement while engaged in the work release.274

       (d) If the administrator of the center determines that 275
community service is appropriate and if the eligible offender will 276
be confined for more than ten days at the center, the eligible 277
offender may be required to participate in community service 278
activities approved by the political subdivision served by the 279
court. Community service activities that may be required under 280
this division may take place in facilities of the political 281
subdivision that operates the court, in the community, or in both 282
such locales. The eligible offender shall be released from 283
confinement while engaged in the community service activities. 284
Community service activities required under this division shall be 285
supervised by the court or an official designated by the board of 286
county commissioners or affiliated group of boards of county 287
commissioners that established and is operating the center. 288
Community service activities required under this division shall 289
not exceed in duration the period for which the eligible offender 290
will be confined at the center under the community residential 291
sanction or the OVI term of confinement.292

       (e) The confinement of the eligible offender in the center 293
shall be considered for purposes of this division and division 294
(H)(4)(f) of this section as including any period of time 295
described in division (H)(4)(b) of this section when the eligible 296
offender may be outside of the center and shall continue until the 297
expiration of the community residential sanction, the OVI term of 298
confinement, or the combination of the OVI term of confinement and 299
the confinement for the violation of section 4510.14 of the 300
Revised Code or the municipal DUS ordinance that the eligible 301
offender is serving upon admission to the center.302

       (f) After the admission and until the expiration of the 303
community residential sanction or OVI term of confinement that the 304
eligible offender is serving upon admission to the center, the 305
eligible offender shall be considered for purposes of any 306
provision in Title XXIX of the Revised Code to be serving the 307
community residential sanction or OVI term of confinement.308

       (5) The administrator of the center, or the administrator's 309
designee, shall post a sign as described in division (A)(4) of 310
section 2923.1212 of the Revised Code in a conspicuous location at 311
the center.312

       (I) The board of county commissioners that establishes and 313
operates a community alternative sentencing center under division 314
(E) of this section, or the affiliated group of boards of county 315
commissioners that establishes and operates a district community 316
alternative sentencing center under that division, may require an 317
eligible offender who is sentenced directly to the center and 318
admitted to it to pay to the county served by the board or the 319
counties served by the affiliated group of boards or the entity 320
operating the center the reasonable expenses incurred by the 321
county or counties, whichever is applicable, in supervising or 322
confining the eligible offender after being sentenced to the 323
center and admitted. Inability to pay those reasonable expenses 324
shall not be grounds for refusing to admit an otherwise eligible 325
offender to the center.326

       (J)(1) If an eligible offender who is directly sentenced to a 327
community alternative sentencing center or district community 328
alternative sentencing center and admitted to the center 329
successfully completes the service of the community residential 330
sanction in the center, the administrator of the center shall 331
notify the court that imposed the sentence, and the court shall 332
enter into the journal that the eligible offender successfully 333
completed the service of the sanction.334

       (2) If an eligible offender who is directly sentenced to a 335
community alternative sentencing center or district community 336
alternative sentencing center and admitted to the center violates 337
any rule established under this section by the board of county 338
commissioners or the affiliated group of boards of county 339
commissioners that establishes and operates the center, violates 340
any condition of the community residential sanction, the OVI term 341
of confinement, or the combination of the OVI term of confinement 342
and the confinement for the violation of section 4510.14 of the 343
Revised Code or the municipal OVI ordinance imposed by the 344
sentencing court, or otherwise does not successfully complete the 345
service of the community residential sanction or OVI term of 346
confinement in the center, the administrator of the center shall 347
report the violation or failure to successfully complete the 348
sanction or term directly to the court or to the probation 349
department or probation officer with general control and 350
supervision over the eligible offender. A failure to successfully 351
complete the service of the community residential sanction, the 352
OVI term of confinement, or the combination of the OVI term of 353
confinement and the confinement for the violation of section 354
4510.14 of the Revised Code or the municipal OVI ordinance in the 355
center shall be considered a violation of a condition of the 356
community residential sanction or the OVI term of confinement. If 357
the administrator reports the violation to the probation 358
department or probation officer, the department or officer shall 359
report the violation to the court. Upon its receipt under this 360
division of a report of a violation or failure to complete the 361
sanction by a person sentenced to the center under a community 362
residential sanction, the court may proceed as specified in 363
division (C)(2) of section 2929.25 of the Revised Code based on 364
the violation or as provided by ordinance of the municipal 365
corporation based on the violation, whichever is applicable. Upon 366
its receipt under this division of a report of a violation or 367
failure to complete the term by a person sentenced to the center 368
under an OVI term of confinement, the court shall determine the 369
place at which the offender is to serve the remainder of the term 370
of confinement. The eligible offender shall receive credit towards 371
completing the eligible offender's sentence for the time spent in 372
the center after admission to it.373

       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. 1901.01.  (A) There is hereby established a municipal 5
court in each of the following municipal corporations:6

       Akron, Alliance, Ashland, Ashtabula, Athens, Avon Lake, 7
Barberton, Bedford, Bellefontaine, Bellevue, Berea, Bowling Green, 8
Bryan, Bucyrus, Cambridge, Campbell, Canton, Carrollton, Celina, 9
Chardon, Chesapeake, Chillicothe, Cincinnati, Circleville, 10
Cleveland, Cleveland Heights, Columbus, Conneaut, Coshocton, 11
Cuyahoga Falls, Dayton, Defiance, Delaware, East Cleveland, East 12
Liverpool, Eaton, Elyria, Euclid, Fairborn, Fairfield, Findlay, 13
Fostoria, Franklin, Fremont, Gallipolis, Garfield Heights, 14
Georgetown, Girard, Greenville, Hamilton, Hillsboro, Huron, 15
Ironton, Jackson, Kenton, Kettering, Lakewood, Lancaster, Lebanon, 16
Lima, Logan, London, Lorain, Lyndhurst, Mansfield, Marietta, 17
Marion, Marysville, Mason, Massillon, Maumee, Medina, Mentor, 18
Miamisburg, Middletown, Millersburg, Mount Gilead, Mount Vernon, 19
Napoleon, Newark, New Philadelphia, Newton Falls, Niles, Norwalk, 20
Oakwood, Oberlin, Oregon, Ottawa, Painesville, Parma, Perrysburg, 21
Port Clinton, Portsmouth, Ravenna, Rocky River, Sandusky, Shaker 22
Heights, Shelby, Sidney, South Euclid, Springfield, Steubenville, 23
Struthers, Sylvania, Tiffin, Toledo, Troy, Upper Sandusky, Urbana, 24
Vandalia, Van Wert, Vermilion, Wadsworth, Wapakoneta, Warren, City 25
of Washington in Fayette county, to be known as Washington Court 26
House, Willoughby, Wilmington, Wooster, Xenia, Youngstown, and 27
Zanesville.28

       (B) There is hereby established a municipal court within 29
Clermont county in Batavia or in any other municipal corporation 30
or unincorporated territory within Clermont county that is 31
selected by the legislative authority of the Clermont county 32
municipal court. The municipal court established by this division 33
is a continuation of the municipal court previously established in 34
Batavia by this section before the enactment of this division.35

       (C) There is hereby established a municipal court within 36
Columbiana county in Lisbon or in any other municipal corporation 37
or unincorporated territory within Columbiana county, except the 38
municipal corporation of East Liverpool or Liverpool or St. Clair 39
township, that is selected by the judges of the municipal court 40
pursuant to division (I) of section 1901.021 of the Revised Code.41

       (D) Effective January 1, 2008, there is hereby established a 42
municipal court within Erie county in Milan or in any other 43
municipal corporation or unincorporated territory within Erie 44
county that is within the territorial jurisdiction of the Erie 45
county municipal court and is selected by the legislative 46
authority of that court.47

       (E) The Cuyahoga Falls municipal court shall remain in 48
existence until December 31, 2008, and shall be replaced by the 49
Stow municipal court on January 1, 2009.50

       (F) Effective January 1, 2009, there is hereby established a 51
municipal court in the municipal corporation of Stow.52

       (G) Effective July 1, 2010, there is hereby established a 53
municipal court within Montgomery county in any municipal 54
corporation or unincorporated territory within Montgomery county, 55
except the municipal corporations of Centerville, Clayton, Dayton, 56
Englewood, Germantown, Kettering, Miamisburg, Moraine, Oakwood, 57
Union, Vandalia, and West Carrollton and Butler, German, Harrison, 58
Miami, and Washington townships, that is selected by the 59
legislative authority of that court.60

       (H) Effective January 1, 2013, there is hereby established a 61
municipal court within Sandusky county in any municipal 62
corporation or unincorporated territory within Sandusky county, 63
except the municipal corporations of Bellevue and Fremont and 64
Ballville, Sandusky, and York townships, that is selected by the 65
legislative authority of that court.66

       Sec. 1901.02.  (A) The municipal courts established by 67
section 1901.01 of the Revised Code have jurisdiction within the 68
corporate limits of their respective municipal corporations, or, 69
for the Clermont county municipal court, the Columbiana county 70
municipal court, and, effective January 1, 2008, the Erie county 71
municipal court, within the municipal corporation or 72
unincorporated territory in which they are established, and are 73
courts of record. Each of the courts shall be styled 74
".................................. municipal court," inserting 75
the name of the municipal corporation, except the following 76
courts, which shall be styled as set forth below:77

       (1) The municipal court established in Chesapeake that shall 78
be styled and known as the "Lawrence county municipal court";79

       (2) The municipal court established in Cincinnati that shall 80
be styled and known as the "Hamilton county municipal court";81

       (3) The municipal court established in Ravenna that shall be 82
styled and known as the "Portage county municipal court";83

       (4) The municipal court established in Athens that shall be 84
styled and known as the "Athens county municipal court";85

       (5) The municipal court established in Columbus that shall be 86
styled and known as the "Franklin county municipal court";87

       (6) The municipal court established in London that shall be 88
styled and known as the "Madison county municipal court";89

       (7) The municipal court established in Newark that shall be 90
styled and known as the "Licking county municipal court";91

       (8) The municipal court established in Wooster that shall be 92
styled and known as the "Wayne county municipal court";93

       (9) The municipal court established in Wapakoneta that shall 94
be styled and known as the "Auglaize county municipal court";95

       (10) The municipal court established in Troy that shall be 96
styled and known as the "Miami county municipal court";97

       (11) The municipal court established in Bucyrus that shall be 98
styled and known as the "Crawford county municipal court";99

       (12) The municipal court established in Logan that shall be 100
styled and known as the "Hocking county municipal court";101

       (13) The municipal court established in Urbana that shall be 102
styled and known as the "Champaign county municipal court";103

       (14) The municipal court established in Jackson that shall be 104
styled and known as the "Jackson county municipal court";105

       (15) The municipal court established in Springfield that 106
shall be styled and known as the "Clark county municipal court";107

       (16) The municipal court established in Kenton that shall be 108
styled and known as the "Hardin county municipal court";109

       (17) The municipal court established within Clermont county 110
in Batavia or in any other municipal corporation or unincorporated 111
territory within Clermont county that is selected by the 112
legislative authority of that court that shall be styled and known 113
as the "Clermont county municipal court";114

       (18) The municipal court established in Wilmington that, 115
beginning July 1, 1992, shall be styled and known as the "Clinton 116
county municipal court";117

       (19) The municipal court established in Port Clinton that 118
shall be styled and known as "the Ottawa county municipal court";119

       (20) The municipal court established in Lancaster that, 120
beginning January 2, 2000, shall be styled and known as the 121
"Fairfield county municipal court";122

       (21) The municipal court established within Columbiana county 123
in Lisbon or in any other municipal corporation or unincorporated 124
territory selected pursuant to division (I) of section 1901.021 of 125
the Revised Code, that shall be styled and known as the 126
"Columbiana county municipal court";127

       (22) The municipal court established in Georgetown that, 128
beginning February 9, 2003, shall be styled and known as the 129
"Brown county municipal court";130

       (23) The municipal court established in Mount Gilead that, 131
beginning January 1, 2003, shall be styled and known as the 132
"Morrow county municipal court";133

       (24) The municipal court established in Greenville that, 134
beginning January 1, 2005, shall be styled and known as the "Darke 135
county municipal court";136

       (25) The municipal court established in Millersburg that, 137
beginning January 1, 2007, shall be styled and known as the 138
"Holmes county municipal court";139

       (26) The municipal court established in Carrollton that, 140
beginning January 1, 2007, shall be styled and known as the 141
"Carroll county municipal court";142

       (27) The municipal court established within Erie county in 143
Milan or established in any other municipal corporation or 144
unincorporated territory that is within Erie county, is within the 145
territorial jurisdiction of that court, and is selected by the 146
legislative authority of that court that, beginning January 1, 147
2008, shall be styled and known as the "Erie county municipal 148
court";149

       (28) The municipal court established in Ottawa that, 150
beginning January 1, 2011, shall be styled and known as the 151
"Putnam county municipal court";152

       (29) The municipal court established within Montgomery county 153
in any municipal corporation or unincorporated territory within 154
Montgomery county, except the municipal corporations of 155
Centerville, Clayton, Dayton, Englewood, Germantown, Kettering, 156
Miamisburg, Moraine, Oakwood, Union, Vandalia, and West Carrollton 157
and Butler, German, Harrison, Miami, and Washington townships, 158
that is selected by the legislative authority of that court and 159
that, beginning July 1, 2010, shall be styled and known as the 160
"Montgomery county municipal court";161

       (30) The municipal court established within Sandusky county 162
in any municipal corporation or unincorporated territory within 163
Sandusky county, except the municipal corporations of Bellevue and 164
Fremont and Ballville, Sandusky, and York townships, that is 165
selected by the legislative authority of that court and that, 166
beginning January 1, 2013, shall be styled and known as the 167
"Sandusky county municipal court."168

       (B) In addition to the jurisdiction set forth in division (A) 169
of this section, the municipal courts established by section 170
1901.01 of the Revised Code have jurisdiction as follows:171

       The Akron municipal court has jurisdiction within Bath, 172
Richfield, and Springfield townships, and within the municipal 173
corporations of Fairlawn, Lakemore, and Mogadore, in Summit 174
county.175

       The Alliance municipal court has jurisdiction within 176
Lexington, Marlboro, Paris, and Washington townships in Stark 177
county.178

       The Ashland municipal court has jurisdiction within Ashland 179
county.180

       The Ashtabula municipal court has jurisdiction within 181
Ashtabula, Plymouth, and Saybrook townships in Ashtabula county.182

       The Athens county municipal court has jurisdiction within 183
Athens county.184

       The Auglaize county municipal court has jurisdiction within 185
Auglaize county.186

       The Avon Lake municipal court has jurisdiction within the 187
municipal corporations of Avon and Sheffield in Lorain county.188

       The Barberton municipal court has jurisdiction within 189
Coventry, Franklin, and Green townships, within all of Copley 190
township except within the municipal corporation of Fairlawn, and 191
within the municipal corporations of Clinton and Norton, in Summit 192
county.193

       The Bedford municipal court has jurisdiction within the 194
municipal corporations of Bedford Heights, Oakwood, Glenwillow, 195
Solon, Bentleyville, Chagrin Falls, Moreland Hills, Orange, 196
Warrensville Heights, North Randall, and Woodmere, and within 197
Warrensville and Chagrin Falls townships, in Cuyahoga county.198

       The Bellefontaine municipal court has jurisdiction within 199
Logan county.200

       The Bellevue municipal court has jurisdiction within Lyme and 201
Sherman townships in Huron county and within York township in 202
Sandusky county.203

       The Berea municipal court has jurisdiction within the 204
municipal corporations of Strongsville, Middleburgh Heights, Brook 205
Park, Westview, and Olmsted Falls, and within Olmsted township, in 206
Cuyahoga county.207

       The Bowling Green municipal court has jurisdiction within the 208
municipal corporations of Bairdstown, Bloomdale, Bradner, Custar, 209
Cygnet, Grand Rapids, Haskins, Hoytville, Jerry City, Milton 210
Center, North Baltimore, Pemberville, Portage, Rising Sun, 211
Tontogany, Wayne, West Millgrove, and Weston, and within Bloom, 212
Center, Freedom, Grand Rapids, Henry, Jackson, Liberty, Middleton, 213
Milton, Montgomery, Plain, Portage, Washington, Webster, and 214
Weston townships in Wood county.215

       Beginning February 9, 2003, the Brown county municipal court 216
has jurisdiction within Brown county.217

       The Bryan municipal court has jurisdiction within Williams 218
county.219

       The Cambridge municipal court has jurisdiction within 220
Guernsey county.221

       The Campbell municipal court has jurisdiction within 222
Coitsville township in Mahoning county.223

       The Canton municipal court has jurisdiction within Canton, 224
Lake, Nimishillen, Osnaburg, Pike, Plain, and Sandy townships in 225
Stark county.226

       The Carroll county municipal court has jurisdiction within 227
Carroll county.228

       The Celina municipal court has jurisdiction within Mercer 229
county.230

       The Champaign county municipal court has jurisdiction within 231
Champaign county.232

       The Chardon municipal court has jurisdiction within Geauga 233
county.234

       The Chillicothe municipal court has jurisdiction within Ross 235
county.236

       The Circleville municipal court has jurisdiction within 237
Pickaway county.238

       The Clark county municipal court has jurisdiction within 239
Clark county.240

       The Clermont county municipal court has jurisdiction within 241
Clermont county.242

       The Cleveland municipal court has jurisdiction within the 243
municipal corporation of Bratenahl in Cuyahoga county.244

       Beginning July 1, 1992, the Clinton county municipal court 245
has jurisdiction within Clinton county.246

       The Columbiana county municipal court has jurisdiction within 247
all of Columbiana county except within the municipal corporation 248
of East Liverpool and except within Liverpool and St. Clair 249
townships.250

       The Coshocton municipal court has jurisdiction within 251
Coshocton county.252

       The Crawford county municipal court has jurisdiction within 253
Crawford county.254

        Until December 31, 2008, the Cuyahoga Falls municipal court 255
has jurisdiction within Boston, Hudson, Northfield Center, 256
Sagamore Hills, and Twinsburg townships, and within the municipal 257
corporations of Boston Heights, Hudson, Munroe Falls, Northfield, 258
Peninsula, Reminderville, Silver Lake, Stow, Tallmadge, Twinsburg, 259
and Macedonia, in Summit county.260

       Beginning January 1, 2005, the Darke county municipal court 261
has jurisdiction within Darke county except within the municipal 262
corporation of Bradford.263

       The Defiance municipal court has jurisdiction within Defiance 264
county.265

       The Delaware municipal court has jurisdiction within Delaware 266
county.267

       The East Liverpool municipal court has jurisdiction within 268
Liverpool and St. Clair townships in Columbiana county.269

       The Eaton municipal court has jurisdiction within Preble 270
county.271

       The Elyria municipal court has jurisdiction within the 272
municipal corporations of Grafton, LaGrange, and North Ridgeville, 273
and within Elyria, Carlisle, Eaton, Columbia, Grafton, and 274
LaGrange townships, in Lorain county.275

       Beginning January 1, 2008, the Erie county municipal court 276
has jurisdiction within Erie county except within the townships of 277
Florence, Huron, Perkins, and Vermilion and the municipal 278
corporations of Bay View, Castalia, Huron, Sandusky, and 279
Vermilion.280

       The Fairborn municipal court has jurisdiction within the 281
municipal corporation of Beavercreek and within Bath and 282
Beavercreek townships in Greene county.283

       Beginning January 2, 2000, the Fairfield county municipal 284
court has jurisdiction within Fairfield county.285

       The Findlay municipal court has jurisdiction within all of 286
Hancock county except within Washington township.287

       The Fostoria municipal court has jurisdiction within Loudon 288
and Jackson townships in Seneca county, within Washington township 289
in Hancock county, and within Perry township, except within the 290
municipal corporation of West Millgrove, in Wood county.291

       The Franklin municipal court has jurisdiction within Franklin 292
township in Warren county.293

       The Franklin county municipal court has jurisdiction within 294
Franklin county.295

       The Fremont municipal court has jurisdiction within Ballville 296
and Sandusky townships in Sandusky county.297

       The Gallipolis municipal court has jurisdiction within Gallia 298
county.299

       The Garfield Heights municipal court has jurisdiction within 300
the municipal corporations of Maple Heights, Walton Hills, Valley 301
View, Cuyahoga Heights, Newburgh Heights, Independence, and 302
Brecksville in Cuyahoga county.303

       The Girard municipal court has jurisdiction within Liberty, 304
Vienna, and Hubbard townships in Trumbull county.305

       The Hamilton municipal court has jurisdiction within Ross and 306
St. Clair townships in Butler county.307

       The Hamilton county municipal court has jurisdiction within 308
Hamilton county.309

       The Hardin county municipal court has jurisdiction within 310
Hardin county.311

       The Hillsboro municipal court has jurisdiction within all of 312
Highland county except within Madison township.313

       The Hocking county municipal court has jurisdiction within 314
Hocking county.315

       The Holmes county municipal court has jurisdiction within 316
Holmes county.317

       The Huron municipal court has jurisdiction within all of 318
Huron township in Erie county except within the municipal 319
corporation of Sandusky.320

       The Ironton municipal court has jurisdiction within Aid, 321
Decatur, Elizabeth, Hamilton, Lawrence, Upper, and Washington 322
townships in Lawrence county.323

       The Jackson county municipal court has jurisdiction within 324
Jackson county.325

       The Kettering municipal court has jurisdiction within the 326
municipal corporations of Centerville and Moraine, and within 327
Washington township, in Montgomery county.328

       Until January 2, 2000, the Lancaster municipal court has 329
jurisdiction within Fairfield county.330

       The Lawrence county municipal court has jurisdiction within 331
the townships of Fayette, Mason, Perry, Rome, Symmes, Union, and 332
Windsor in Lawrence county.333

       The Lebanon municipal court has jurisdiction within 334
Turtlecreek township in Warren county.335

       The Licking county municipal court has jurisdiction within 336
Licking county.337

       The Lima municipal court has jurisdiction within Allen 338
county.339

       The Lorain municipal court has jurisdiction within the 340
municipal corporation of Sheffield Lake, and within Sheffield 341
township, in Lorain county.342

       The Lyndhurst municipal court has jurisdiction within the 343
municipal corporations of Mayfield Heights, Gates Mills, Mayfield, 344
Highland Heights, and Richmond Heights in Cuyahoga county.345

       The Madison county municipal court has jurisdiction within 346
Madison county.347

       The Mansfield municipal court has jurisdiction within 348
Madison, Springfield, Sandusky, Franklin, Weller, Mifflin, Troy, 349
Washington, Monroe, Perry, Jefferson, and Worthington townships, 350
and within sections 35-36-31 and 32 of Butler township, in 351
Richland county.352

       The Marietta municipal court has jurisdiction within 353
Washington county.354

       The Marion municipal court has jurisdiction within Marion 355
county.356

       The Marysville municipal court has jurisdiction within Union 357
county.358

       The Mason municipal court has jurisdiction within Deerfield 359
township in Warren county.360

       The Massillon municipal court has jurisdiction within 361
Bethlehem, Perry, Sugar Creek, Tuscarawas, Lawrence, and Jackson 362
townships in Stark county.363

       The Maumee municipal court has jurisdiction within the 364
municipal corporations of Waterville and Whitehouse, within 365
Waterville and Providence townships, and within those portions of 366
Springfield, Monclova, and Swanton townships lying south of the 367
northerly boundary line of the Ohio turnpike, in Lucas county.368

       The Medina municipal court has jurisdiction within the 369
municipal corporations of Briarwood Beach, Brunswick, 370
Chippewa-on-the-Lake, and Spencer and within the townships of 371
Brunswick Hills, Chatham, Granger, Hinckley, Lafayette, 372
Litchfield, Liverpool, Medina, Montville, Spencer, and York 373
townships, in Medina county.374

       The Mentor municipal court has jurisdiction within the 375
municipal corporation of Mentor-on-the-Lake in Lake county.376

       The Miami county municipal court has jurisdiction within 377
Miami county and within the part of the municipal corporation of 378
Bradford that is located in Darke county.379

       The Miamisburg municipal court has jurisdiction within the 380
municipal corporations of Germantown and West Carrollton, and 381
within German and Miami townships in Montgomery county.382

       The Middletown municipal court has jurisdiction within 383
Madison township, and within all of Lemon township, except within 384
the municipal corporation of Monroe, in Butler county.385

       Beginning July 1, 2010, the Montgomery county municipal court 386
has jurisdiction within all of Montgomery county except for the 387
municipal corporations of Centerville, Clayton, Dayton, Englewood, 388
Germantown, Kettering, Miamisburg, Moraine, Oakwood, Union, 389
Vandalia, and West Carrollton and Butler, German, Harrison, Miami, 390
and Washington townships.391

       Beginning January 1, 2003, the Morrow county municipal court 392
has jurisdiction within Morrow county.393

       The Mount Vernon municipal court has jurisdiction within Knox 394
county.395

       The Napoleon municipal court has jurisdiction within Henry 396
county.397

       The New Philadelphia municipal court has jurisdiction within 398
the municipal corporation of Dover, and within Auburn, Bucks, 399
Fairfield, Goshen, Jefferson, Warren, York, Dover, Franklin, 400
Lawrence, Sandy, Sugarcreek, and Wayne townships in Tuscarawas 401
county.402

       The Newton Falls municipal court has jurisdiction within 403
Bristol, Bloomfield, Lordstown, Newton, Braceville, Southington, 404
Farmington, and Mesopotamia townships in Trumbull county.405

       The Niles municipal court has jurisdiction within the 406
municipal corporation of McDonald, and within Weathersfield 407
township in Trumbull county.408

       The Norwalk municipal court has jurisdiction within all of 409
Huron county except within the municipal corporation of Bellevue 410
and except within Lyme and Sherman townships.411

       The Oberlin municipal court has jurisdiction within the 412
municipal corporations of Amherst, Kipton, Rochester, South 413
Amherst, and Wellington, and within Henrietta, Russia, Camden, 414
Pittsfield, Brighton, Wellington, Penfield, Rochester, and 415
Huntington townships, and within all of Amherst township except 416
within the municipal corporation of Lorain, in Lorain county.417

       The Oregon municipal court has jurisdiction within the 418
municipal corporation of Harbor View, and within Jerusalem 419
township, in Lucas county, and north within Maumee Bay and Lake 420
Erie to the boundary line between Ohio and Michigan between the 421
easterly boundary of the court and the easterly boundary of the 422
Toledo municipal court.423

       The Ottawa county municipal court has jurisdiction within 424
Ottawa county.425

       The Painesville municipal court has jurisdiction within 426
Painesville, Perry, Leroy, Concord, and Madison townships in Lake 427
county.428

       The Parma municipal court has jurisdiction within the 429
municipal corporations of Parma Heights, Brooklyn, Linndale, North 430
Royalton, Broadview Heights, Seven Hills, and Brooklyn Heights in 431
Cuyahoga county.432

       The Perrysburg municipal court has jurisdiction within the 433
municipal corporations of Luckey, Millbury, Northwood, Rossford, 434
and Walbridge, and within Perrysburg, Lake, and Troy townships, in 435
Wood county.436

       The Portage county municipal court has jurisdiction within 437
Portage county.438

       The Portsmouth municipal court has jurisdiction within Scioto 439
county.440

       The Putnam county municipal court has jurisdiction within 441
Putnam county.442

       The Rocky River municipal court has jurisdiction within the 443
municipal corporations of Bay Village, Westlake, Fairview Park, 444
and North Olmsted, and within Riveredge township, in Cuyahoga 445
county.446

       The Sandusky municipal court has jurisdiction within the 447
municipal corporations of Castalia and Bay View, and within 448
Perkins township, in Erie county.449

       Beginning January 1, 2013, the Sandusky county municipal 450
court has jurisdiction within all of Sandusky county except within 451
the municipal corporations of Bellevue and Fremont and Ballville, 452
Sandusky, and York townships.453

       The Shaker Heights municipal court has jurisdiction within 454
the municipal corporations of University Heights, Beachwood, 455
Pepper Pike, and Hunting Valley in Cuyahoga county.456

       The Shelby municipal court has jurisdiction within Sharon, 457
Jackson, Cass, Plymouth, and Blooming Grove townships, and within 458
all of Butler township except sections 35-36-31 and 32, in 459
Richland county.460

       The Sidney municipal court has jurisdiction within Shelby 461
county.462

       Beginning January 1, 2009, the Stow municipal court has 463
jurisdiction within Boston, Hudson, Northfield Center, Sagamore 464
Hills, and Twinsburg townships, and within the municipal 465
corporations of Boston Heights, Cuyahoga Falls, Hudson, Munroe 466
Falls, Northfield, Peninsula, Reminderville, Silver Lake, Stow, 467
Tallmadge, Twinsburg, and Macedonia, in Summit county.468

       The Struthers municipal court has jurisdiction within the 469
municipal corporations of Lowellville, New Middleton, and Poland, 470
and within Poland and Springfield townships in Mahoning county.471

       The Sylvania municipal court has jurisdiction within the 472
municipal corporations of Berkey and Holland, and within Sylvania, 473
Richfield, Spencer, and Harding townships, and within those 474
portions of Swanton, Monclova, and Springfield townships lying 475
north of the northerly boundary line of the Ohio turnpike, in 476
Lucas county.477

       The Tiffin municipal court has jurisdiction within Adams, Big 478
Spring, Bloom, Clinton, Eden, Hopewell, Liberty, Pleasant, Reed, 479
Scipio, Seneca, Thompson, and Venice townships in Seneca county.480

       The Toledo municipal court has jurisdiction within Washington 481
township, and within the municipal corporation of Ottawa Hills, in 482
Lucas county.483

       The Upper Sandusky municipal court has jurisdiction within 484
Wyandot county.485

       The Vandalia municipal court has jurisdiction within the 486
municipal corporations of Clayton, Englewood, and Union, and 487
within Butler, Harrison, and Randolph townships, in Montgomery 488
county.489

       The Van Wert municipal court has jurisdiction within Van Wert 490
county.491

       The Vermilion municipal court has jurisdiction within the 492
townships of Vermilion and Florence in Erie county and within all 493
of Brownhelm township except within the municipal corporation of 494
Lorain, in Lorain county.495

       The Wadsworth municipal court has jurisdiction within the 496
municipal corporations of Gloria Glens Park, Lodi, Seville, and 497
Westfield Center, and within Guilford, Harrisville, Homer, Sharon, 498
Wadsworth, and Westfield townships in Medina county.499

       The Warren municipal court has jurisdiction within Warren and 500
Champion townships, and within all of Howland township except 501
within the municipal corporation of Niles, in Trumbull county.502

       The Washington Court House municipal court has jurisdiction 503
within Fayette county.504

       The Wayne county municipal court has jurisdiction within 505
Wayne county.506

       The Willoughby municipal court has jurisdiction within the 507
municipal corporations of Eastlake, Wickliffe, Willowick, 508
Willoughby Hills, Kirtland, Kirtland Hills, Waite Hill, 509
Timberlake, and Lakeline, and within Kirtland township, in Lake 510
county.511

       Through June 30, 1992, the Wilmington municipal court has 512
jurisdiction within Clinton county.513

       The Xenia municipal court has jurisdiction within 514
Caesarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross, 515
Silvercreek, Spring Valley, Sugarcreek, and Xenia townships in 516
Greene county.517

       (C) As used in this section:518

       (1) "Within a township" includes all land, including, but not 519
limited to, any part of any municipal corporation, that is 520
physically located within the territorial boundaries of that 521
township, whether or not that land or municipal corporation is 522
governmentally a part of the township.523

       (2) "Within a municipal corporation" includes all land within 524
the territorial boundaries of the municipal corporation and any 525
townships that are coextensive with the municipal corporation.526

       Sec. 1901.03.  As used in this chapter:527

       (A) "Territory" means the geographical areas within which 528
municipal courts have jurisdiction as provided in sections 1901.01 529
and 1901.02 of the Revised Code.530

       (B) "Legislative authority" means the legislative authority 531
of the municipal corporation in which a municipal court, other 532
than a county-operated municipal court, is located, and means the 533
respective board of county commissioners of the county in which a 534
county-operated municipal court is located.535

       (C) "Chief executive" means the chief executive of the 536
municipal corporation in which a municipal court, other than a 537
county-operated municipal court, is located, and means the 538
respective chairman of the board of county commissioners of the 539
county in which a county-operated municipal court is located.540

       (D) "City treasury" means the treasury of the municipal 541
corporation in which a municipal court, other than a 542
county-operated municipal court, is located.543

       (E) "City treasurer" means the treasurer of the municipal 544
corporation in which a municipal court, other than a 545
county-operated municipal court, is located.546

       (F) "County-operated municipal court" means the Auglaize 547
county, Brown county, Carroll county, Clermont county, Columbiana 548
county, Crawford county, Darke county, Erie county, Hamilton 549
county, Hocking county, Holmes county, Jackson county, Lawrence 550
county, Madison county, Miami county, Montgomery county, Morrow 551
county, Ottawa county, Portage county, Putnam county, or Wayne 552
county municipal court and, effective January 1, 20082013, also 553
includes the ErieSandusky county municipal court.554

       (G) "A municipal corporation in which a municipal court is 555
located" includes each municipal corporation named in section 556
1901.01 of the Revised Code, but does not include one in which a 557
judge sits pursuant to any provision of section 1901.021 of the 558
Revised Code except division (M) of that section.559

       Sec. 1901.07.  (A) All municipal court judges shall be 560
elected on the nonpartisan ballot for terms of six years. In a 561
municipal court in which only one judge is to be elected in any 562
one year, that judge's term commences on the first day of January 563
after the election. In a municipal court in which two or more 564
judges are to be elected in any one year, their terms commence on 565
successive days beginning the first day of January, following the 566
election, unless otherwise provided by section 1901.08 of the 567
Revised Code.568

       (B) All candidates for municipal court judge may be nominated 569
either by nominating petition or by primary election, except that 570
if the jurisdiction of a municipal court extends only to the 571
corporate limits of the municipal corporation in which the court 572
is located and that municipal corporation operates under a 573
charter, all candidates shall be nominated in the same manner 574
provided in the charter for the office of municipal court judge 575
or, if no specific provisions are made in the charter for the 576
office of municipal court judge, in the same manner as the charter 577
prescribes for the nomination and election of the legislative 578
authority of the municipal corporation.579

        If the jurisdiction of a municipal court extends beyond the 580
corporate limits of the municipal corporation in which it is 581
located or if the jurisdiction of the court does not extend beyond 582
the corporate limits of the municipal corporation in which it is 583
located and no charter provisions apply, all candidates for party 584
nomination to the office of municipal court judge shall file a 585
declaration of candidacy and petition not later than four p.m. of 586
the ninetieth day before the day of the primary election in the 587
form prescribed by section 3513.07 of the Revised Code. The 588
petition shall conform to the requirements provided for those 589
petitions of candidacy contained in section 3513.05 of the Revised 590
Code, except that the petition shall be signed by at least fifty 591
electors of the territory of the court. If no valid declaration of 592
candidacy is filed for nomination as a candidate of a political 593
party for election to the office of municipal court judge, or if 594
the number of persons filing the declarations of candidacy for 595
nominations as candidates of one political party for election to 596
the office does not exceed the number of candidates that that 597
party is entitled to nominate as its candidates for election to 598
the office, no primary election shall be held for the purpose of 599
nominating candidates of that party for election to the office, 600
and the candidates shall be issued certificates of nomination in 601
the manner set forth in section 3513.02 of the Revised Code.602

       If the jurisdiction of a municipal court extends beyond the 603
corporate limits of the municipal corporation in which it is 604
located or if the jurisdiction of the court does not extend beyond 605
the corporate limits of the municipal corporation in which it is 606
located and no charter provisions apply, nonpartisan candidates 607
for the office of municipal court judge shall file nominating 608
petitions not later than four p.m. of the day before the day of 609
the primary election in the form prescribed by section 3513.261 of 610
the Revised Code. The petition shall conform to the requirements 611
provided for those petitions of candidacy contained in section 612
3513.257 of the Revised Code, except that the petition shall be 613
signed by at least fifty electors of the territory of the court.614

       The nominating petition or declaration of candidacy for a 615
municipal court judge shall contain a designation of the term for 616
which the candidate seeks election. At the following regular 617
municipal election, the candidacies of the judges nominated shall 618
be submitted to the electors of the territory on a nonpartisan, 619
judicial ballot in the same manner as provided for judges of the 620
court of common pleas, except that, in a municipal corporation 621
operating under a charter, all candidates for municipal court 622
judge shall be elected in conformity with the charter if 623
provisions are made in the charter for the election of municipal 624
court judges.625

       (C) Notwithstanding divisions (A) and (B) of this section, in 626
the following municipal courts, the judges shall be nominated and 627
elected as follows:628

       (1) In the Cleveland municipal court, the judges shall be 629
nominated only by petition. The petition shall be signed by at 630
least fifty electors of the territory of the court. It shall be in 631
the statutory form and shall be filed in the manner and within the 632
time prescribed by the charter of the city of Cleveland for filing 633
petitions of candidates for municipal offices. Each elector shall 634
have the right to sign petitions for as many candidates as are to 635
be elected, but no more. The judges shall be elected by the 636
electors of the territory of the court in the manner provided by 637
law for the election of judges of the court of common pleas.638

       (2) In the Toledo municipal court, the judges shall be 639
nominated only by petition. The petition shall be signed by at 640
least fifty electors of the territory of the court. It shall be in 641
the statutory form and shall be filed in the manner and within the 642
time prescribed by the charter of the city of Toledo for filing 643
nominating petitions for city council. Each elector shall have the 644
right to sign petitions for as many candidates as are to be 645
elected, but no more. The judges shall be elected by the electors 646
of the territory of the court in the manner provided by law for 647
the election of judges of the court of common pleas.648

       (3) In the Akron municipal court, the judges shall be 649
nominated only by petition. The petition shall be signed by at 650
least fifty electors of the territory of the court. It shall be in 651
statutory form and shall be filed in the manner and within the 652
time prescribed by the charter of the city of Akron for filing 653
nominating petitions of candidates for municipal offices. Each 654
elector shall have the right to sign petitions for as many 655
candidates as are to be elected, but no more. The judges shall be 656
elected by the electors of the territory of the court in the 657
manner provided by law for the election of judges of the court of 658
common pleas.659

       (4) In the Hamilton county municipal court, the judges shall 660
be nominated only by petition. The petition shall be signed by at 661
least one hundred electors of the judicial district of the county 662
from which the candidate seeks election, which petitions shall be 663
signed and filed not later than four p.m. of the day before the 664
day of the primary election in the form prescribed by section 665
3513.261 of the Revised Code. Unless otherwise provided in this 666
section, the petition shall conform to the requirements provided 667
for nominating petitions in section 3513.257 of the Revised Code. 668
The judges shall be elected by the electors of the relative 669
judicial district of the county at the regular municipal election 670
and in the manner provided by law for the election of judges of 671
the court of common pleas.672

       (5) In the Franklin county municipal court, the judges shall 673
be nominated only by petition. The petition shall be signed by at 674
least fifty electors of the territory of the court. The petition 675
shall be in the statutory form and shall be filed in the manner 676
and within the time prescribed by the charter of the city of 677
Columbus for filing petitions of candidates for municipal offices. 678
The judges shall be elected by the electors of the territory of 679
the court in the manner provided by law for the election of judges 680
of the court of common pleas.681

       (6) In the Auglaize, Brown, Carroll, Clermont, Crawford, 682
Hocking, Jackson, Lawrence, Madison, Miami, Morrow, Putnam, 683
Sandusky, and Wayne county municipal courts, the judges shall be 684
nominated only by petition. The petitions shall be signed by at 685
least fifty electors of the territory of the court and shall 686
conform to the provisions of this section.687

       (D) In the Portage county municipal court, the judges shall 688
be nominated either by nominating petition or by primary election, 689
as provided in division (B) of this section.690

       (E) As used in this section, as to an election for either a 691
full or an unexpired term, "the territory within the jurisdiction 692
of the court" means that territory as it will be on the first day 693
of January after the election.694

       Sec. 1901.08. The number of, and the time for election of, 695
judges of the following municipal courts and the beginning of 696
their terms shall be as follows:697

       In the Akron municipal court, two full-time judges shall be 698
elected in 1951, two full-time judges shall be elected in 1953, 699
one full-time judge shall be elected in 1967, and one full-time 700
judge shall be elected in 1975.701

       In the Alliance municipal court, one full-time judge shall be 702
elected in 1953.703

       In the Ashland municipal court, one full-time judge shall be 704
elected in 1951.705

       In the Ashtabula municipal court, one full-time judge shall 706
be elected in 1953.707

       In the Athens county municipal court, one full-time judge 708
shall be elected in 1967.709

       In the Auglaize county municipal court, one full-time judge 710
shall be elected in 1975.711

       In the Avon Lake municipal court, one part-time judge shall 712
be elected in 1957.713

       In the Barberton municipal court, one full-time judge shall 714
be elected in 1969, and one full-time judge shall be elected in 715
1971.716

       In the Bedford municipal court, one full-time judge shall be 717
elected in 1975, and one full-time judge shall be elected in 1979.718

       In the Bellefontaine municipal court, one full-time judge 719
shall be elected in 1993.720

       In the Bellevue municipal court, one part-time judge shall be 721
elected in 1951.722

       In the Berea municipal court, one full-time judge shall be 723
elected in 2005.724

       In the Bowling Green municipal court, one full-time judge 725
shall be elected in 1983.726

       In the Brown county municipal court, one full-time judge 727
shall be elected in 2005. Beginning February 9, 2003, the 728
part-time judge of the Brown county county court that existed 729
prior to that date whose term commenced on January 2, 2001, shall 730
serve as the full-time judge of the Brown county municipal court 731
until December 31, 2005.732

       In the Bryan municipal court, one full-time judge shall be 733
elected in 1965.734

       In the Cambridge municipal court, one full-time judge shall 735
be elected in 1951.736

       In the Campbell municipal court, one part-time judge shall be 737
elected in 1963.738

       In the Canton municipal court, one full-time judge shall be 739
elected in 1951, one full-time judge shall be elected in 1969, and 740
two full-time judges shall be elected in 1977.741

       In the Carroll county municipal court, one full-time judge 742
shall be elected in 2009. Beginning January 1, 2007, the judge 743
elected in 2006 to the part-time judgeship of the Carroll county 744
county court that existed prior to that date shall serve as the 745
full-time judge of the Carroll county municipal court until 746
December 31, 2009.747

       In the Celina municipal court, one full-time judge shall be 748
elected in 1957.749

       In the Champaign county municipal court, one full-time judge 750
shall be elected in 2001.751

       In the Chardon municipal court, one full-time judge shall be 752
elected in 1963.753

       In the Chillicothe municipal court, one full-time judge shall 754
be elected in 1951, and one full-time judge shall be elected in 755
1977.756

       In the Circleville municipal court, one full-time judge shall 757
be elected in 1953.758

       In the Clark county municipal court, one full-time judge 759
shall be elected in 1989, and two full-time judges shall be 760
elected in 1991. The full-time judges of the Springfield municipal 761
court who were elected in 1983 and 1985 shall serve as the judges 762
of the Clark county municipal court from January 1, 1988, until 763
the end of their respective terms.764

       In the Clermont county municipal court, two full-time judges 765
shall be elected in 1991, and one full-time judge shall be elected 766
in 1999.767

       In the Cleveland municipal court, six full-time judges shall 768
be elected in 1975, three full-time judges shall be elected in 769
1953, and four full-time judges shall be elected in 1955.770

       In the Cleveland Heights municipal court, one full-time judge 771
shall be elected in 1957.772

       In the Clinton county municipal court, one full-time judge 773
shall be elected in 1997. The full-time judge of the Wilmington 774
municipal court who was elected in 1991 shall serve as the judge 775
of the Clinton county municipal court from July 1, 1992, until the 776
end of that judge's term on December 31, 1997.777

       In the Columbiana county municipal court, two full-time 778
judges shall be elected in 2001.779

       In the Conneaut municipal court, one full-time judge shall be 780
elected in 1953.781

       In the Coshocton municipal court, one full-time judge shall 782
be elected in 1951.783

       In the Crawford county municipal court, one full-time judge 784
shall be elected in 1977.785

       In the Cuyahoga Falls municipal court, one full-time judge 786
shall be elected in 1953, and one full-time judge shall be elected 787
in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal 788
court shall cease to exist; however, the judges of the Cuyahoga 789
Falls municipal court who were elected pursuant to this section in 790
2003 and 2007 for terms beginning on January 1, 2004, and January 791
1, 2008, respectively, shall serve as full-time judges of the Stow 792
municipal court until December 31, 2009, and December 31, 2013, 793
respectively.794

       In the Darke county municipal court, one full-time judge 795
shall be elected in 2005. Beginning January 1, 2005, the part-time 796
judge of the Darke county county court that existed prior to that 797
date whose term began on January 1, 2001, shall serve as the 798
full-time judge of the Darke county municipal court until December 799
31, 2005.800

       In the Dayton municipal court, three full-time judges shall 801
be elected in 1987, their terms to commence on successive days 802
beginning on the first day of January next after their election, 803
and two full-time judges shall be elected in 1955, their terms to 804
commence on successive days beginning on the second day of January 805
next after their election.806

       In the Defiance municipal court, one full-time judge shall be 807
elected in 1957.808

       In the Delaware municipal court, one full-time judge shall be 809
elected in 1953, and one full-time judge shall be elected in 2007.810

       In the East Cleveland municipal court, one full-time judge 811
shall be elected in 1957.812

       In the East Liverpool municipal court, one full-time judge 813
shall be elected in 1953.814

       In the Eaton municipal court, one full-time judge shall be 815
elected in 1973.816

       In the Elyria municipal court, one full-time judge shall be 817
elected in 1955, and one full-time judge shall be elected in 1973.818

       In the Erie county municipal court, one full-time judge shall 819
be elected in 2007.820

       In the Euclid municipal court, one full-time judge shall be 821
elected in 1951.822

       In the Fairborn municipal court, one full-time judge shall be 823
elected in 1977.824

       In the Fairfield county municipal court, one full-time judge 825
shall be elected in 2003, and one full-time judge shall be elected 826
in 2005.827

       In the Fairfield municipal court, one full-time judge shall 828
be elected in 1989.829

       In the Findlay municipal court, one full-time judge shall be 830
elected in 1955, and one full-time judge shall be elected in 1993.831

       In the Fostoria municipal court, one full-time judge shall be 832
elected in 1975.833

       In the Franklin municipal court, one part-time judge shall be 834
elected in 1951.835

       In the Franklin county municipal court, two full-time judges 836
shall be elected in 1969, three full-time judges shall be elected 837
in 1971, seven full-time judges shall be elected in 1967, one 838
full-time judge shall be elected in 1975, one full-time judge 839
shall be elected in 1991, and one full-time judge shall be elected 840
in 1997.841

       In the Fremont municipal court, one full-time judge shall be 842
elected in 1975.843

       In the Gallipolis municipal court, one full-time judge shall 844
be elected in 1981.845

       In the Garfield Heights municipal court, one full-time judge 846
shall be elected in 1951, and one full-time judge shall be elected 847
in 1981.848

       In the Girard municipal court, one full-time judge shall be 849
elected in 1963.850

       In the Hamilton municipal court, one full-time judge shall be 851
elected in 1953.852

       In the Hamilton county municipal court, five full-time judges 853
shall be elected in 1967, five full-time judges shall be elected 854
in 1971, two full-time judges shall be elected in 1981, and two 855
full-time judges shall be elected in 1983. All terms of judges of 856
the Hamilton county municipal court shall commence on the first 857
day of January next after their election, except that the terms of 858
the additional judges to be elected in 1981 shall commence on 859
January 2, 1982, and January 3, 1982, and that the terms of the 860
additional judges to be elected in 1983 shall commence on January 861
4, 1984, and January 5, 1984.862

       In the Hardin county municipal court, one part-time judge 863
shall be elected in 1989.864

       In the Hillsboro municipal court, one full-time judge shall 865
be elected in 2011. On and after December 30, 2008, the part-time 866
judge of the Hillsboro municipal court who was elected in 2005 867
shall serve as a full-time judge of the court until the end of 868
that judge's term on December 31, 2011.869

       In the Hocking county municipal court, one full-time judge 870
shall be elected in 1977.871

       In the Holmes county municipal court, one full-time judge 872
shall be elected in 2007. Beginning January 1, 2007, the part-time 873
judge of the Holmes county county court that existed prior to that 874
date whose term commenced on January 1, 2007, shall serve as the 875
full-time judge of the Holmes county municipal court until 876
December 31, 2007.877

       In the Huron municipal court, one part-time judge shall be 878
elected in 1967.879

       In the Ironton municipal court, one full-time judge shall be 880
elected in 1951.881

       In the Jackson county municipal court, one full-time judge 882
shall be elected in 2001. On and after March 31, 1997, the 883
part-time judge of the Jackson county municipal court who was 884
elected in 1995 shall serve as a full-time judge of the court 885
until the end of that judge's term on December 31, 2001.886

       In the Kettering municipal court, one full-time judge shall 887
be elected in 1971, and one full-time judge shall be elected in 888
1975.889

       In the Lakewood municipal court, one full-time judge shall be 890
elected in 1955.891

       In the Lancaster municipal court, one full-time judge shall 892
be elected in 1951, and one full-time judge shall be elected in 893
1979. Beginning January 2, 2000, the full-time judges of the 894
Lancaster municipal court who were elected in 1997 and 1999 shall 895
serve as judges of the Fairfield county municipal court until the 896
end of those judges' terms.897

       In the Lawrence county municipal court, one part-time judge 898
shall be elected in 1981.899

       In the Lebanon municipal court, one part-time judge shall be 900
elected in 1955.901

       In the Licking county municipal court, one full-time judge 902
shall be elected in 1951, and one full-time judge shall be elected 903
in 1971.904

       In the Lima municipal court, one full-time judge shall be 905
elected in 1951, and one full-time judge shall be elected in 1967.906

       In the Lorain municipal court, one full-time judge shall be 907
elected in 1953, and one full-time judge shall be elected in 1973.908

       In the Lyndhurst municipal court, one full-time judge shall 909
be elected in 1957.910

       In the Madison county municipal court, one full-time judge 911
shall be elected in 1981.912

       In the Mansfield municipal court, one full-time judge shall 913
be elected in 1951, and one full-time judge shall be elected in 914
1969.915

       In the Marietta municipal court, one full-time judge shall be 916
elected in 1957.917

       In the Marion municipal court, one full-time judge shall be 918
elected in 1951.919

       In the Marysville municipal court, one full-time judge shall 920
be elected in 2011. On and after January 18, 2007, the part-time 921
judge of the Marysville municipal court who was elected in 2005 922
shall serve as a full-time judge of the court until the end of 923
that judge's term on December 31, 2011.924

       In the Mason municipal court, one part-time judge shall be 925
elected in 1965.926

       In the Massillon municipal court, one full-time judge shall 927
be elected in 1953, and one full-time judge shall be elected in 928
1971.929

       In the Maumee municipal court, one full-time judge shall be 930
elected in 1963.931

       In the Medina municipal court, one full-time judge shall be 932
elected in 1957.933

       In the Mentor municipal court, one full-time judge shall be 934
elected in 1971.935

       In the Miami county municipal court, one full-time judge 936
shall be elected in 1975, and one full-time judge shall be elected 937
in 1979.938

       In the Miamisburg municipal court, one full-time judge shall 939
be elected in 1951.940

       In the Middletown municipal court, one full-time judge shall 941
be elected in 1953.942

       In the Montgomery county municipal court:943

       One judge shall be elected in 2011 to a part-time judgeship 944
for a term to begin on January 1, 2012. If any one of the other 945
judgeships of the court becomes vacant and is abolished after July 946
1, 2010, this judgeship shall become a full-time judgeship on that 947
date. If only one other judgeship of the court becomes vacant and 948
is abolished as of December 31, 2021, this judgeship shall be 949
abolished as of that date. Beginning July 1, 2010, the part-time 950
judge of the Montgomery county county court that existed before 951
that date whose term commenced on January 1, 2005, shall serve as 952
a part-time judge of the Montgomery county municipal court until 953
December 31, 2011.954

       One judge shall be elected in 2011 to a full-time judgeship 955
for a term to begin on January 2, 2012, and this judgeship shall 956
be abolished on January 1, 2016. Beginning July 1, 2010, the 957
part-time judge of the Montgomery county county court that existed 958
before that date whose term commenced on January 2, 2005, shall 959
serve as a full-time judge of the Montgomery county municipal 960
court until January 1, 2012.961

       One judge shall be elected in 2013 to a full-time judgeship 962
for a term to begin on January 2, 2014. Beginning July 1, 2010, 963
the part-time judge of the Montgomery county county court that 964
existed before that date whose term commenced on January 2, 2007, 965
shall serve as a full-time judge of the Montgomery county 966
municipal court until January 1, 2014.967

       One judge shall be elected in 2013 to a judgeship for a term 968
to begin on January 1, 2014. If no other judgeship of the court 969
becomes vacant and is abolished by January 1, 2014, this judgeship 970
shall be a part-time judgeship. When one or more of the other 971
judgeships of the court becomes vacant and is abolished after July 972
1, 2010, this judgeship shall become a full-time judgeship. 973
Beginning July 1, 2010, the part-time judge of the Montgomery 974
county county court that existed before that date whose term 975
commenced on January 1, 2007, shall serve as this judge of the 976
Montgomery county municipal court until December 31, 2013.977

       If any one of the judgeships of the court becomes vacant 978
before December 31, 2021, that judgeship is abolished on the date 979
that it becomes vacant, and the other judges of the court shall be 980
or serve as full-time judges. The abolishment of judgeships for 981
the Montgomery county municipal court shall cease when the court 982
has two full-time judgeships.983

       In the Morrow county municipal court, one full-time judge 984
shall be elected in 2005. Beginning January 1, 2003, the part-time 985
judge of the Morrow county county court that existed prior to that 986
date shall serve as the full-time judge of the Morrow county 987
municipal court until December 31, 2005.988

       In the Mount Vernon municipal court, one full-time judge 989
shall be elected in 1951.990

       In the Napoleon municipal court, one full-time judge shall be 991
elected in 2005.992

       In the New Philadelphia municipal court, one full-time judge 993
shall be elected in 1975.994

       In the Newton Falls municipal court, one full-time judge 995
shall be elected in 1963.996

       In the Niles municipal court, one full-time judge shall be 997
elected in 1951.998

       In the Norwalk municipal court, one full-time judge shall be 999
elected in 1975.1000

       In the Oakwood municipal court, one part-time judge shall be 1001
elected in 1953.1002

       In the Oberlin municipal court, one full-time judge shall be 1003
elected in 1989.1004

       In the Oregon municipal court, one full-time judge shall be 1005
elected in 1963.1006

       In the Ottawa county municipal court, one full-time judge 1007
shall be elected in 1995, and the full-time judge of the Port 1008
Clinton municipal court who is elected in 1989 shall serve as the 1009
judge of the Ottawa county municipal court from February 4, 1994, 1010
until the end of that judge's term.1011

       In the Painesville municipal court, one full-time judge shall 1012
be elected in 1951.1013

       In the Parma municipal court, one full-time judge shall be 1014
elected in 1951, one full-time judge shall be elected in 1967, and 1015
one full-time judge shall be elected in 1971.1016

       In the Perrysburg municipal court, one full-time judge shall 1017
be elected in 1977.1018

       In the Portage county municipal court, two full-time judges 1019
shall be elected in 1979, and one full-time judge shall be elected 1020
in 1971.1021

       In the Port Clinton municipal court, one full-time judge 1022
shall be elected in 1953. The full-time judge of the Port Clinton 1023
municipal court who is elected in 1989 shall serve as the judge of 1024
the Ottawa county municipal court from February 4, 1994, until the 1025
end of that judge's term.1026

       In the Portsmouth municipal court, one full-time judge shall 1027
be elected in 1951, and one full-time judge shall be elected in 1028
1985.1029

       In the Putnam county municipal court, one full-time judge 1030
shall be elected in 2011. Beginning January 1, 2011, the part-time 1031
judge of the Putnam county county court that existed prior to that 1032
date whose term commenced on January 1, 2007, shall serve as the 1033
full-time judge of the Putnam county municipal court until 1034
December 31, 2011.1035

       In the Rocky River municipal court, one full-time judge shall 1036
be elected in 1957, and one full-time judge shall be elected in 1037
1971.1038

       In the Sandusky municipal court, one full-time judge shall be 1039
elected in 1953.1040

       In the Sandusky county municipal court, one full-time judge 1041
shall be elected in 2013. Beginning on January 1, 2013, the two 1042
part-time judges of the Sandusky county county court that existed 1043
prior to that date shall serve as part-time judges of the Sandusky 1044
county municipal court until December 31, 2013. If either 1045
judgeship becomes vacant before January 1, 2014, that judgeship is 1046
abolished on the date it becomes vacant, and the person who holds 1047
the other judgeship shall serve as the full-time judge of the 1048
Sandusky county municipal court until December 31, 2013.1049

       In the Shaker Heights municipal court, one full-time judge 1050
shall be elected in 1957.1051

       In the Shelby municipal court, one part-time judge shall be 1052
elected in 1957.1053

       In the Sidney municipal court, one full-time judge shall be 1054
elected in 1995.1055

       In the South Euclid municipal court, one full-time judge 1056
shall be elected in 1999. The part-time judge elected in 1993, 1057
whose term commenced on January 1, 1994, shall serve until 1058
December 31, 1999, and the office of that judge is abolished on 1059
January 1, 2000.1060

       In the Springfield municipal court, two full-time judges 1061
shall be elected in 1985, and one full-time judge shall be elected 1062
in 1983, all of whom shall serve as the judges of the Springfield 1063
municipal court through December 31, 1987, and as the judges of 1064
the Clark county municipal court from January 1, 1988, until the 1065
end of their respective terms.1066

       In the Steubenville municipal court, one full-time judge 1067
shall be elected in 1953.1068

       In the Stow municipal court, one full-time judge shall be 1069
elected in 2009, and one full-time judge shall be elected in 2013. 1070
Beginning January 1, 2009, the judge of the Cuyahoga Falls 1071
municipal court that existed prior to that date whose term 1072
commenced on January 1, 2008, shall serve as a full-time judge of 1073
the Stow municipal court until December 31, 2013. Beginning 1074
January 1, 2009, the judge of the Cuyahoga Falls municipal court 1075
that existed prior to that date whose term commenced on January 1, 1076
2004, shall serve as a full-time judge of the Stow municipal court 1077
until December 31, 2009.1078

       In the Struthers municipal court, one part-time judge shall 1079
be elected in 1963.1080

       In the Sylvania municipal court, one full-time judge shall be 1081
elected in 1963.1082

       In the Tiffin municipal court, one full-time judge shall be 1083
elected in 1953.1084

       In the Toledo municipal court, two full-time judges shall be 1085
elected in 1971, four full-time judges shall be elected in 1975, 1086
and one full-time judge shall be elected in 1973.1087

       In the Upper Sandusky municipal court, one full-time judge 1088
shall be elected in 2011. The part-time judge elected in 2005, 1089
whose term commenced on January 1, 2006, shall serve as a 1090
full-time judge on and after January 1, 2008, until the expiration 1091
of that judge's term on December 31, 2011, and the office of that 1092
judge is abolished on January 1, 2012.1093

       In the Vandalia municipal court, one full-time judge shall be 1094
elected in 1959.1095

       In the Van Wert municipal court, one full-time judge shall be 1096
elected in 1957.1097

       In the Vermilion municipal court, one part-time judge shall 1098
be elected in 1965.1099

       In the Wadsworth municipal court, one full-time judge shall 1100
be elected in 1981.1101

       In the Warren municipal court, one full-time judge shall be 1102
elected in 1951, and one full-time judge shall be elected in 1971.1103

       In the Washington Court House municipal court, one full-time 1104
judge shall be elected in 1999. The part-time judge elected in 1105
1993, whose term commenced on January 1, 1994, shall serve until 1106
December 31, 1999, and the office of that judge is abolished on 1107
January 1, 2000.1108

       In the Wayne county municipal court, one full-time judge 1109
shall be elected in 1975, and one full-time judge shall be elected 1110
in 1979.1111

       In the Willoughby municipal court, one full-time judge shall 1112
be elected in 1951.1113

       In the Wilmington municipal court, one full-time judge shall 1114
be elected in 1991, who shall serve as the judge of the Wilmington 1115
municipal court through June 30, 1992, and as the judge of the 1116
Clinton county municipal court from July 1, 1992, until the end of 1117
that judge's term on December 31, 1997.1118

       In the Xenia municipal court, one full-time judge shall be 1119
elected in 1977.1120

       In the Youngstown municipal court, one full-time judge shall 1121
be elected in 1951, and two full-time judges shall be elected in 1122
1953.1123

       In the Zanesville municipal court, one full-time judge shall 1124
be elected in 1953.1125

       Sec. 1901.31.  The clerk and deputy clerks of a municipal 1126
court shall be selected, be compensated, give bond, and have 1127
powers and duties as follows:1128

       (A) There shall be a clerk of the court who is appointed or 1129
elected as follows:1130

       (1)(a) Except in the Akron, Barberton, Toledo, Hamilton 1131
county, Miami county, Montgomery county, Portage county, and Wayne 1132
county municipal courts and through December 31, 2008, the 1133
Cuyahoga Falls municipal court, if the population of the territory 1134
equals or exceeds one hundred thousand at the regular municipal 1135
election immediately preceding the expiration of the term of the 1136
present clerk, the clerk shall be nominated and elected by the 1137
qualified electors of the territory in the manner that is provided 1138
for the nomination and election of judges in section 1901.07 of 1139
the Revised Code.1140

       The clerk so elected shall hold office for a term of six 1141
years, which term shall commence on the first day of January 1142
following the clerk's election and continue until the clerk's 1143
successor is elected and qualified.1144

       (b) In the Hamilton county municipal court, the clerk of 1145
courts of Hamilton county shall be the clerk of the municipal 1146
court and may appoint an assistant clerk who shall receive the 1147
compensation, payable out of the treasury of Hamilton county in 1148
semimonthly installments, that the board of county commissioners 1149
prescribes. The clerk of courts of Hamilton county, acting as the 1150
clerk of the Hamilton county municipal court and assuming the 1151
duties of that office, shall receive compensation at one-fourth 1152
the rate that is prescribed for the clerks of courts of common 1153
pleas as determined in accordance with the population of the 1154
county and the rates set forth in sections 325.08 and 325.18 of 1155
the Revised Code. This compensation shall be paid from the county 1156
treasury in semimonthly installments and is in addition to the 1157
annual compensation that is received for the performance of the 1158
duties of the clerk of courts of Hamilton county, as provided in 1159
sections 325.08 and 325.18 of the Revised Code.1160

       (c) In the Portage county and Wayne county municipal courts, 1161
the clerks of courts of Portage county and Wayne county shall be 1162
the clerks, respectively, of the Portage county and Wayne county 1163
municipal courts and may appoint a chief deputy clerk for each 1164
branch that is established pursuant to section 1901.311 of the 1165
Revised Code and assistant clerks as the judges of the municipal 1166
court determine are necessary, all of whom shall receive the 1167
compensation that the legislative authority prescribes. The clerks 1168
of courts of Portage county and Wayne county, acting as the clerks 1169
of the Portage county and Wayne county municipal courts and 1170
assuming the duties of these offices, shall receive compensation 1171
payable from the county treasury in semimonthly installments at 1172
one-fourth the rate that is prescribed for the clerks of courts of 1173
common pleas as determined in accordance with the population of 1174
the county and the rates set forth in sections 325.08 and 325.18 1175
of the Revised Code.1176

       (d) In the Montgomery county and Miami county municipal 1177
courts, the clerks of courts of Montgomery county and Miami county 1178
shall be the clerks, respectively, of the Montgomery county and 1179
Miami county municipal courts. The clerks of courts of Montgomery 1180
county and Miami county, acting as the clerks of the Montgomery 1181
county and Miami county municipal courts and assuming the duties 1182
of these offices, shall receive compensation at one-fourth the 1183
rate that is prescribed for the clerks of courts of common pleas 1184
as determined in accordance with the population of the county and 1185
the rates set forth in sections 325.08 and 325.18 of the Revised 1186
Code. This compensation shall be paid from the county treasury in 1187
semimonthly installments and is in addition to the annual 1188
compensation that is received for the performance of the duties of 1189
the clerks of courts of Montgomery county and Miami county, as 1190
provided in sections 325.08 and 325.18 of the Revised Code. 1191

       (e) Except as otherwise provided in division (A)(1)(e) of 1192
this section, in the Akron municipal court, candidates for 1193
election to the office of clerk of the court shall be nominated by 1194
primary election. The primary election shall be held on the day 1195
specified in the charter of the city of Akron for the nomination 1196
of municipal officers. Notwithstanding any contrary provision of 1197
section 3513.05 or 3513.257 of the Revised Code, the declarations 1198
of candidacy and petitions of partisan candidates and the 1199
nominating petitions of independent candidates for the office of 1200
clerk of the Akron municipal court shall be signed by at least 1201
fifty qualified electors of the territory of the court.1202

       The candidates shall file a declaration of candidacy and 1203
petition, or a nominating petition, whichever is applicable, not 1204
later than four p.m. of the ninetieth day before the day of the 1205
primary election, in the form prescribed by section 3513.07 or 1206
3513.261 of the Revised Code. The declaration of candidacy and 1207
petition, or the nominating petition, shall conform to the 1208
applicable requirements of section 3513.05 or 3513.257 of the 1209
Revised Code.1210

       If no valid declaration of candidacy and petition is filed by 1211
any person for nomination as a candidate of a particular political 1212
party for election to the office of clerk of the Akron municipal 1213
court, a primary election shall not be held for the purpose of 1214
nominating a candidate of that party for election to that office. 1215
If only one person files a valid declaration of candidacy and 1216
petition for nomination as a candidate of a particular political 1217
party for election to that office, a primary election shall not be 1218
held for the purpose of nominating a candidate of that party for 1219
election to that office, and the candidate shall be issued a 1220
certificate of nomination in the manner set forth in section 1221
3513.02 of the Revised Code.1222

       Declarations of candidacy and petitions, nominating 1223
petitions, and certificates of nomination for the office of clerk 1224
of the Akron municipal court shall contain a designation of the 1225
term for which the candidate seeks election. At the following 1226
regular municipal election, all candidates for the office shall be 1227
submitted to the qualified electors of the territory of the court 1228
in the manner that is provided in section 1901.07 of the Revised 1229
Code for the election of the judges of the court. The clerk so 1230
elected shall hold office for a term of six years, which term 1231
shall commence on the first day of January following the clerk's 1232
election and continue until the clerk's successor is elected and 1233
qualified.1234

        (f) Except as otherwise provided in division (A)(1)(f) of 1235
this section, in the Barberton municipal court, candidates for 1236
election to the office of clerk of the court shall be nominated by 1237
primary election. The primary election shall be held on the day 1238
specified in the charter of the city of Barberton for the 1239
nomination of municipal officers. Notwithstanding any contrary 1240
provision of section 3513.05 or 3513.257 of the Revised Code, the 1241
declarations of candidacy and petitions of partisan candidates and 1242
the nominating petitions of independent candidates for the office 1243
of clerk of the Barberton municipal court shall be signed by at 1244
least fifty qualified electors of the territory of the court.1245

       The candidates shall file a declaration of candidacy and 1246
petition, or a nominating petition, whichever is applicable, not 1247
later than four p.m. of the ninetieth day before the day of the 1248
primary election, in the form prescribed by section 3513.07 or 1249
3513.261 of the Revised Code. The declaration of candidacy and 1250
petition, or the nominating petition, shall conform to the 1251
applicable requirements of section 3513.05 or 3513.257 of the 1252
Revised Code.1253

       If no valid declaration of candidacy and petition is filed by 1254
any person for nomination as a candidate of a particular political 1255
party for election to the office of clerk of the Barberton 1256
municipal court, a primary election shall not be held for the 1257
purpose of nominating a candidate of that party for election to 1258
that office. If only one person files a valid declaration of 1259
candidacy and petition for nomination as a candidate of a 1260
particular political party for election to that office, a primary 1261
election shall not be held for the purpose of nominating a 1262
candidate of that party for election to that office, and the 1263
candidate shall be issued a certificate of nomination in the 1264
manner set forth in section 3513.02 of the Revised Code.1265

       Declarations of candidacy and petitions, nominating 1266
petitions, and certificates of nomination for the office of clerk 1267
of the Barberton municipal court shall contain a designation of 1268
the term for which the candidate seeks election. At the following 1269
regular municipal election, all candidates for the office shall be 1270
submitted to the qualified electors of the territory of the court 1271
in the manner that is provided in section 1901.07 of the Revised 1272
Code for the election of the judges of the court. The clerk so 1273
elected shall hold office for a term of six years, which term 1274
shall commence on the first day of January following the clerk's 1275
election and continue until the clerk's successor is elected and 1276
qualified.1277

       (g)(i) Through December 31, 2008, except as otherwise 1278
provided in division (A)(1)(g)(i) of this section, in the Cuyahoga 1279
Falls municipal court, candidates for election to the office of 1280
clerk of the court shall be nominated by primary election. The 1281
primary election shall be held on the day specified in the charter 1282
of the city of Cuyahoga Falls for the nomination of municipal 1283
officers. Notwithstanding any contrary provision of section 1284
3513.05 or 3513.257 of the Revised Code, the declarations of 1285
candidacy and petitions of partisan candidates and the nominating 1286
petitions of independent candidates for the office of clerk of the 1287
Cuyahoga Falls municipal court shall be signed by at least fifty 1288
qualified electors of the territory of the court.1289

       The candidates shall file a declaration of candidacy and 1290
petition, or a nominating petition, whichever is applicable, not 1291
later than four p.m. of the ninetieth day before the day of the 1292
primary election, in the form prescribed by section 3513.07 or 1293
3513.261 of the Revised Code. The declaration of candidacy and 1294
petition, or the nominating petition, shall conform to the 1295
applicable requirements of section 3513.05 or 3513.257 of the 1296
Revised Code.1297

       If no valid declaration of candidacy and petition is filed by 1298
any person for nomination as a candidate of a particular political 1299
party for election to the office of clerk of the Cuyahoga Falls 1300
municipal court, a primary election shall not be held for the 1301
purpose of nominating a candidate of that party for election to 1302
that office. If only one person files a valid declaration of 1303
candidacy and petition for nomination as a candidate of a 1304
particular political party for election to that office, a primary 1305
election shall not be held for the purpose of nominating a 1306
candidate of that party for election to that office, and the 1307
candidate shall be issued a certificate of nomination in the 1308
manner set forth in section 3513.02 of the Revised Code.1309

       Declarations of candidacy and petitions, nominating 1310
petitions, and certificates of nomination for the office of clerk 1311
of the Cuyahoga Falls municipal court shall contain a designation 1312
of the term for which the candidate seeks election. At the 1313
following regular municipal election, all candidates for the 1314
office shall be submitted to the qualified electors of the 1315
territory of the court in the manner that is provided in section 1316
1901.07 of the Revised Code for the election of the judges of the 1317
court. The clerk so elected shall hold office for a term of six 1318
years, which term shall commence on the first day of January 1319
following the clerk's election and continue until the clerk's 1320
successor is elected and qualified.1321

       (ii) Division (A)(1)(g)(i) of this section shall have no 1322
effect after December 31, 2008.1323

       (h) Except as otherwise provided in division (A)(1)(h) of 1324
this section, in the Toledo municipal court, candidates for 1325
election to the office of clerk of the court shall be nominated by 1326
primary election. The primary election shall be held on the day 1327
specified in the charter of the city of Toledo for the nomination 1328
of municipal officers. Notwithstanding any contrary provision of 1329
section 3513.05 or 3513.257 of the Revised Code, the declarations 1330
of candidacy and petitions of partisan candidates and the 1331
nominating petitions of independent candidates for the office of 1332
clerk of the Toledo municipal court shall be signed by at least 1333
fifty qualified electors of the territory of the court.1334

       The candidates shall file a declaration of candidacy and 1335
petition, or a nominating petition, whichever is applicable, not 1336
later than four p.m. of the ninetieth day before the day of the 1337
primary election, in the form prescribed by section 3513.07 or 1338
3513.261 of the Revised Code. The declaration of candidacy and 1339
petition, or the nominating petition, shall conform to the 1340
applicable requirements of section 3513.05 or 3513.257 of the 1341
Revised Code.1342

       If no valid declaration of candidacy and petition is filed by 1343
any person for nomination as a candidate of a particular political 1344
party for election to the office of clerk of the Toledo municipal 1345
court, a primary election shall not be held for the purpose of 1346
nominating a candidate of that party for election to that office. 1347
If only one person files a valid declaration of candidacy and 1348
petition for nomination as a candidate of a particular political 1349
party for election to that office, a primary election shall not be 1350
held for the purpose of nominating a candidate of that party for 1351
election to that office, and the candidate shall be issued a 1352
certificate of nomination in the manner set forth in section 1353
3513.02 of the Revised Code.1354

       Declarations of candidacy and petitions, nominating 1355
petitions, and certificates of nomination for the office of clerk 1356
of the Toledo municipal court shall contain a designation of the 1357
term for which the candidate seeks election. At the following 1358
regular municipal election, all candidates for the office shall be 1359
submitted to the qualified electors of the territory of the court 1360
in the manner that is provided in section 1901.07 of the Revised 1361
Code for the election of the judges of the court. The clerk so 1362
elected shall hold office for a term of six years, which term 1363
shall commence on the first day of January following the clerk's 1364
election and continue until the clerk's successor is elected and 1365
qualified.1366

       (2)(a) Except for the Alliance, Auglaize county, Brown 1367
county, Columbiana county, Holmes county, Putnam county, Sandusky 1368
county, Lorain, Massillon, and Youngstown municipal courts, in a 1369
municipal court for which the population of the territory is less 1370
than one hundred thousand, the clerk shall be appointed by the 1371
court, and the clerk shall hold office until the clerk's successor 1372
is appointed and qualified.1373

       (b) In the Alliance, Lorain, Massillon, and Youngstown 1374
municipal courts, the clerk shall be elected for a term of office 1375
as described in division (A)(1)(a) of this section.1376

       (c) In the Auglaize county, Brown county, Holmes county, and1377
Putnam county, and Sandusky county municipal courts, the clerks of 1378
courts of Auglaize county, Brown county, Holmes county, and Putnam 1379
county, and Sandusky county shall be the clerks, respectively, of 1380
the Auglaize county, Brown county, Holmes county, and Putnam 1381
county, and Sandusky county municipal courts and may appoint a 1382
chief deputy clerk for each branch office that is established 1383
pursuant to section 1901.311 of the Revised Code, and assistant 1384
clerks as the judge of the court determines are necessary, all of 1385
whom shall receive the compensation that the legislative authority 1386
prescribes. The clerks of courts of Auglaize county, Brown county, 1387
Holmes county, and Putnam county, and Sandusky county, acting as 1388
the clerks of the Auglaize county, Brown county, Holmes county, 1389
and Putnam county, and Sandusky county municipal courts and 1390
assuming the duties of these offices, shall receive compensation 1391
payable from the county treasury in semimonthly installments at 1392
one-fourth the rate that is prescribed for the clerks of courts of 1393
common pleas as determined in accordance with the population of 1394
the county and the rates set forth in sections 325.08 and 325.18 1395
of the Revised Code.1396

       (d) In the Columbiana county municipal court, the clerk of 1397
courts of Columbiana county shall be the clerk of the municipal 1398
court, may appoint a chief deputy clerk for each branch office 1399
that is established pursuant to section 1901.311 of the Revised 1400
Code, and may appoint any assistant clerks that the judges of the 1401
court determine are necessary. All of the chief deputy clerks and 1402
assistant clerks shall receive the compensation that the 1403
legislative authority prescribes. The clerk of courts of 1404
Columbiana county, acting as the clerk of the Columbiana county 1405
municipal court and assuming the duties of that office, shall 1406
receive in either biweekly installments or semimonthly 1407
installments, as determined by the payroll administrator, 1408
compensation payable from the county treasury at one-fourth the 1409
rate that is prescribed for the clerks of courts of common pleas 1410
as determined in accordance with the population of the county and 1411
the rates set forth in sections 325.08 and 325.18 of the Revised 1412
Code.1413

       (3) During the temporary absence of the clerk due to illness, 1414
vacation, or other proper cause, the court may appoint a temporary 1415
clerk, who shall be paid the same compensation, have the same 1416
authority, and perform the same duties as the clerk.1417

       (B) Except in the Hamilton county, Montgomery county, Miami 1418
county, Portage county, and Wayne county municipal courts, if a 1419
vacancy occurs in the office of the clerk of the Alliance, Lorain, 1420
Massillon, or Youngstown municipal court or occurs in the office 1421
of the clerk of a municipal court for which the population of the 1422
territory equals or exceeds one hundred thousand because the clerk 1423
ceases to hold the office before the end of the clerk's term or 1424
because a clerk-elect fails to take office, the vacancy shall be 1425
filled, until a successor is elected and qualified, by a person 1426
chosen by the residents of the territory of the court who are 1427
members of the county central committee of the political party by 1428
which the last occupant of that office or the clerk-elect was 1429
nominated. Not less than five nor more than fifteen days after a 1430
vacancy occurs, those members of that county central committee 1431
shall meet to make an appointment to fill the vacancy. At least 1432
four days before the date of the meeting, the chairperson or a 1433
secretary of the county central committee shall notify each such 1434
member of that county central committee by first class mail of the 1435
date, time, and place of the meeting and its purpose. A majority 1436
of all such members of that county central committee constitutes a 1437
quorum, and a majority of the quorum is required to make the 1438
appointment. If the office so vacated was occupied or was to be 1439
occupied by a person not nominated at a primary election, or if 1440
the appointment was not made by the committee members in 1441
accordance with this division, the court shall make an appointment 1442
to fill the vacancy. A successor shall be elected to fill the 1443
office for the unexpired term at the first municipal election that 1444
is held more than one hundred thirty-five days after the vacancy 1445
occurred.1446

       (C)(1) In a municipal court, other than the Auglaize county, 1447
the Brown county, the Columbiana county, the Holmes county, the 1448
Putnam county, the Sandusky county, and the Lorain municipal 1449
courts, for which the population of the territory is less than one 1450
hundred thousand, the clerk of the municipal court shall receive 1451
the annual compensation that the presiding judge of the court 1452
prescribes, if the revenue of the court for the preceding calendar 1453
year, as certified by the auditor or chief fiscal officer of the 1454
municipal corporation in which the court is located or, in the 1455
case of a county-operated municipal court, the county auditor, is 1456
equal to or greater than the expenditures, including any debt 1457
charges, for the operation of the court payable under this chapter 1458
from the city treasury or, in the case of a county-operated 1459
municipal court, the county treasury for that calendar year, as 1460
also certified by the auditor or chief fiscal officer. If the 1461
revenue of a municipal court, other than the Auglaize county, the 1462
Brown county, the Columbiana county, the Putnam county, the 1463
Sandusky county, and the Lorain municipal courts, for which the 1464
population of the territory is less than one hundred thousand for 1465
the preceding calendar year as so certified is not equal to or 1466
greater than those expenditures for the operation of the court for 1467
that calendar year as so certified, the clerk of a municipal court 1468
shall receive the annual compensation that the legislative 1469
authority prescribes. As used in this division, "revenue" means 1470
the total of all costs and fees that are collected and paid to the 1471
city treasury or, in a county-operated municipal court, the county 1472
treasury by the clerk of the municipal court under division (F) of 1473
this section and all interest received and paid to the city 1474
treasury or, in a county-operated municipal court, the county 1475
treasury in relation to the costs and fees under division (G) of 1476
this section.1477

       (2) In a municipal court, other than the Hamilton county, 1478
Montgomery county, Miami county, Portage county, and Wayne county 1479
municipal courts, for which the population of the territory is one 1480
hundred thousand or more, and in the Lorain municipal court, the 1481
clerk of the municipal court shall receive annual compensation in 1482
a sum equal to eighty-five per cent of the salary of a judge of 1483
the court.1484

       (3) The compensation of a clerk described in division (C)(1) 1485
or (2) of this section and of the clerk of the Columbiana county 1486
municipal court is payable in either semimonthly installments or 1487
biweekly installments, as determined by the payroll administrator, 1488
from the same sources and in the same manner as provided in 1489
section 1901.11 of the Revised Code, except that the compensation 1490
of the clerk of the Carroll county municipal court is payable in 1491
biweekly installments.1492

       (D) Before entering upon the duties of the clerk's office, 1493
the clerk of a municipal court shall give bond of not less than 1494
six thousand dollars to be determined by the judges of the court, 1495
conditioned upon the faithful performance of the clerk's duties.1496

       (E) The clerk of a municipal court may do all of the 1497
following: administer oaths, take affidavits, and issue executions 1498
upon any judgment rendered in the court, including a judgment for 1499
unpaid costs; issue, sign, and attach the seal of the court to all 1500
writs, process, subpoenas, and papers issuing out of the court; 1501
and approve all bonds, sureties, recognizances, and undertakings 1502
fixed by any judge of the court or by law. The clerk may refuse to 1503
accept for filing any pleading or paper submitted for filing by a 1504
person who has been found to be a vexatious litigator under 1505
section 2323.52 of the Revised Code and who has failed to obtain 1506
leave to proceed under that section. The clerk shall do all of the 1507
following: file and safely keep all journals, records, books, and 1508
papers belonging or appertaining to the court; record the 1509
proceedings of the court; perform all other duties that the judges 1510
of the court may prescribe; and keep a book showing all receipts 1511
and disbursements, which book shall be open for public inspection 1512
at all times.1513

       The clerk shall prepare and maintain a general index, a 1514
docket, and other records that the court, by rule, requires, all 1515
of which shall be the public records of the court. In the docket, 1516
the clerk shall enter, at the time of the commencement of an 1517
action, the names of the parties in full, the names of the 1518
counsel, and the nature of the proceedings. Under proper dates, 1519
the clerk shall note the filing of the complaint, issuing of 1520
summons or other process, returns, and any subsequent pleadings. 1521
The clerk also shall enter all reports, verdicts, orders, 1522
judgments, and proceedings of the court, clearly specifying the 1523
relief granted or orders made in each action. The court may order 1524
an extended record of any of the above to be made and entered, 1525
under the proper action heading, upon the docket at the request of 1526
any party to the case, the expense of which record may be taxed as 1527
costs in the case or may be required to be prepaid by the party 1528
demanding the record, upon order of the court.1529

       (F) The clerk of a municipal court shall receive, collect, 1530
and issue receipts for all costs, fees, fines, bail, and other 1531
moneys payable to the office or to any officer of the court. The 1532
clerk shall each month disburse to the proper persons or officers, 1533
and take receipts for, all costs, fees, fines, bail, and other 1534
moneys that the clerk collects. Subject to sections 307.515 and 1535
4511.193 of the Revised Code and to any other section of the 1536
Revised Code that requires a specific manner of disbursement of 1537
any moneys received by a municipal court and except for the 1538
Hamilton county, Lawrence county, and Ottawa county municipal 1539
courts, the clerk shall pay all fines received for violation of 1540
municipal ordinances into the treasury of the municipal 1541
corporation the ordinance of which was violated and shall pay all 1542
fines received for violation of township resolutions adopted 1543
pursuant to section 503.52 or 503.53 or Chapter 504. of the 1544
Revised Code into the treasury of the township the resolution of 1545
which was violated. Subject to sections 1901.024 and 4511.193 of 1546
the Revised Code, in the Hamilton county, Lawrence county, and 1547
Ottawa county municipal courts, the clerk shall pay fifty per cent 1548
of the fines received for violation of municipal ordinances and 1549
fifty per cent of the fines received for violation of township 1550
resolutions adopted pursuant to section 503.52 or 503.53 or 1551
Chapter 504. of the Revised Code into the treasury of the county. 1552
Subject to sections 307.515, 4511.19, and 5503.04 of the Revised 1553
Code and to any other section of the Revised Code that requires a 1554
specific manner of disbursement of any moneys received by a 1555
municipal court, the clerk shall pay all fines collected for the 1556
violation of state laws into the county treasury. Except in a 1557
county-operated municipal court, the clerk shall pay all costs and 1558
fees the disbursement of which is not otherwise provided for in 1559
the Revised Code into the city treasury. The clerk of a 1560
county-operated municipal court shall pay the costs and fees the 1561
disbursement of which is not otherwise provided for in the Revised 1562
Code into the county treasury. Moneys deposited as security for 1563
costs shall be retained pending the litigation. The clerk shall 1564
keep a separate account of all receipts and disbursements in civil 1565
and criminal cases, which shall be a permanent public record of 1566
the office. On the expiration of the term of the clerk, the clerk 1567
shall deliver the records to the clerk's successor. The clerk 1568
shall have other powers and duties as are prescribed by rule or 1569
order of the court.1570

       (G) All moneys paid into a municipal court shall be noted on 1571
the record of the case in which they are paid and shall be 1572
deposited in a state or national bank, or a domestic savings and 1573
loan association, as defined in section 1151.01 of the Revised 1574
Code, that is selected by the clerk. Any interest received upon 1575
the deposits shall be paid into the city treasury, except that, in 1576
a county-operated municipal court, the interest shall be paid into 1577
the treasury of the county in which the court is located.1578

       On the first Monday in January of each year, the clerk shall 1579
make a list of the titles of all cases in the court that were 1580
finally determined more than one year past in which there remains 1581
unclaimed in the possession of the clerk any funds, or any part of 1582
a deposit for security of costs not consumed by the costs in the 1583
case. The clerk shall give notice of the moneys to the parties who 1584
are entitled to the moneys or to their attorneys of record. All 1585
the moneys remaining unclaimed on the first day of April of each 1586
year shall be paid by the clerk to the city treasurer, except 1587
that, in a county-operated municipal court, the moneys shall be 1588
paid to the treasurer of the county in which the court is located. 1589
The treasurer shall pay any part of the moneys at any time to the 1590
person who has the right to the moneys upon proper certification 1591
of the clerk.1592

       (H) Deputy clerks of a municipal court other than the Carroll 1593
county municipal court may be appointed by the clerk and shall 1594
receive the compensation, payable in either biweekly installments 1595
or semimonthly installments, as determined by the payroll 1596
administrator, out of the city treasury, that the clerk may 1597
prescribe, except that the compensation of any deputy clerk of a 1598
county-operated municipal court shall be paid out of the treasury 1599
of the county in which the court is located. The judge of the 1600
Carroll county municipal court may appoint deputy clerks for the 1601
court, and the deputy clerks shall receive the compensation, 1602
payable in biweekly installments out of the county treasury, that 1603
the judge may prescribe. Each deputy clerk shall take an oath of 1604
office before entering upon the duties of the deputy clerk's 1605
office and, when so qualified, may perform the duties appertaining 1606
to the office of the clerk. The clerk may require any of the 1607
deputy clerks to give bond of not less than three thousand 1608
dollars, conditioned for the faithful performance of the deputy 1609
clerk's duties.1610

       (I) For the purposes of this section, whenever the population 1611
of the territory of a municipal court falls below one hundred 1612
thousand but not below ninety thousand, and the population of the 1613
territory prior to the most recent regular federal census exceeded 1614
one hundred thousand, the legislative authority of the municipal 1615
corporation may declare, by resolution, that the territory shall 1616
be considered to have a population of at least one hundred 1617
thousand.1618

       (J) The clerk or a deputy clerk shall be in attendance at all 1619
sessions of the municipal court, although not necessarily in the 1620
courtroom, and may administer oaths to witnesses and jurors and 1621
receive verdicts.1622

       Sec. 1907.11.  (A) Each county court district shall have the 1623
following county court judges, to be elected as follows:1624

       In the Adams county county court, one part-time judge shall 1625
be elected in 1982.1626

       In the Ashtabula county county court, one part-time judge 1627
shall be elected in 1980, and one part-time judge shall be elected 1628
in 1982.1629

       In the Belmont county county court, one part-time judge shall 1630
be elected in 1992, term to commence on January 1, 1993, and two 1631
part-time judges shall be elected in 1994, terms to commence on 1632
January 1, 1995, and January 2, 1995, respectively.1633

       In the Butler county county court, one part-time judge shall 1634
be elected in 1992, term to commence on January 1, 1993, and two 1635
part-time judges shall be elected in 1994, terms to commence on 1636
January 1, 1995, and January 2, 1995, respectively.1637

        Until December 31, 2007, in the Erie county county court, one 1638
part-time judge shall be elected in 1982. Effective January 1, 1639
2008, the Erie county county court shall cease to exist.1640

       In the Fulton county county court, one part-time judge shall 1641
be elected in 1980, and one part-time judge shall be elected in 1642
1982.1643

       In the Harrison county county court, one part-time judge 1644
shall be elected in 1982.1645

       In the Highland county county court, one part-time judge 1646
shall be elected in 1982.1647

       In the Jefferson county county court, one part-time judge 1648
shall be elected in 1992, term to commence on January 1, 1993, and 1649
two part-time judges shall be elected in 1994, terms to commence 1650
on January 1, 1995, and January 2, 1995, respectively.1651

       In the Mahoning county county court, one part-time judge 1652
shall be elected in 1992, term to commence on January 1, 1993, and 1653
three part-time judges shall be elected in 1994, terms to commence 1654
on January 1, 1995, January 2, 1995, and January 3, 1995, 1655
respectively.1656

       In the Meigs county county court, one part-time judge shall 1657
be elected in 1982.1658

       In the Monroe county county court, one part-time judge shall 1659
be elected in 1982.1660

       In the Morgan county county court, one part-time judge shall 1661
be elected in 1982.1662

       In the Muskingum county county court, one part-time judge 1663
shall be elected in 1980, and one part-time judge shall be elected 1664
in 1982.1665

       In the Noble county county court, one part-time judge shall 1666
be elected in 1982.1667

       In the Paulding county county court, one part-time judge 1668
shall be elected in 1982.1669

       In the Perry county county court, one part-time judge shall 1670
be elected in 1982.1671

       In the Pike county county court, one part-time judge shall be 1672
elected in 1982.1673

       InUntil December 31, 2006, in the Sandusky county county 1674
court, two part-time judges shall be elected in 1994, terms to 1675
commence on January 1, 1995, and January 2, 1995, respectively. 1676
The judges elected in 2006 shall serve until December 31, 2012. 1677
The Sandusky county county court shall cease to exist on January 1678
1, 2013.1679

       In the Trumbull county county court, one part-time judge 1680
shall be elected in 1992, and one part-time judge shall be elected 1681
in 1994.1682

       In the Tuscarawas county county court, one part-time judge 1683
shall be elected in 1982.1684

       In the Vinton county county court, one part-time judge shall 1685
be elected in 1982.1686

       In the Warren county county court, one part-time judge shall 1687
be elected in 1980, and one part-time judge shall be elected in 1688
1982.1689

       (B)(1) Additional judges shall be elected at the next regular 1690
election for a county court judge as provided in section 1907.13 1691
of the Revised Code.1692

       (2) Vacancies caused by the death or the resignation from, 1693
forfeiture of, or removal from office of a judge shall be filled 1694
in accordance with section 107.08 of the Revised Code, except as 1695
provided in section 1907.15 of the Revised Code.1696

       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. 2929.26.  (A) Except when a mandatory jail term is 375
required by law, the court imposing a sentence for a misdemeanor, 376
other than a minor misdemeanor, may impose upon the offender any 377
community residential sanction or combination of community 378
residential sanctions under this section. Community residential 379
sanctions include, but are not limited to, the following:380

       (1) A term of up to one hundred eighty days in a halfway 381
house or community-based correctional facility or a term in a 382
halfway house or community-based correctional facility not to 383
exceed the longest jail term available for the offense, whichever 384
is shorter, if the political subdivision that would have 385
responsibility for paying the costs of confining the offender in a 386
jail has entered into a contract with the halfway house or 387
community-based correctional facility for use of the facility for 388
misdemeanor offenders;389

       (2) A term of up to one hundred eighty days in an alternative 390
residential facility or a term in an alternative residential 391
facility not to exceed the longest jail term available for the 392
offense, whichever is shorter. The court may specify the level of 393
security in the alternative residential facility that is needed 394
for the offender.395

       (3) If the offender is an eligible offender, as defined in 396
section 307.932 of the Revised Code, a term of up to sixty days in 397
a community alternative sentencing center or district community 398
alternative sentencing center established and operated in 399
accordance with that section, in the circumstances specified in 400
that section, with one of the conditions of the sanction being 401
that the offender complete in the center the entire term imposed.402

       (B) A sentence to a community residential sanction under 403
division (A)(3) of this section shall be in accordance with 404
section 307.932 of the Revised Code. In all other cases, the court 405
that sentences an offender to a community residential sanction 406
under this section may do either or both of the following:407

       (1) Permit the offender to serve the offender's sentence in 408
intermittent confinement, overnight, on weekends or at any other 409
time or times that will allow the offender to continue at the 410
offender's occupation or care for the offender's family;411

       (2) Authorize the offender to be released so that the 412
offender may seek or maintain employment, receive education or 413
training, receive treatment, perform community service, or 414
otherwise fulfill an obligation imposed by law or by the court. A 415
release pursuant to this division shall be only for the duration 416
of time that is needed to fulfill the purpose of the release and 417
for travel that reasonably is necessary to fulfill the purposes of 418
the release.419

       (C) The court may order that a reasonable portion of the 420
income earned by the offender upon a release pursuant to division 421
(B) of this section be applied to any financial sanction imposed 422
under section 2929.28 of the Revised Code.423

       (D) No court shall sentence any person to a prison term for a 424
misdemeanor or minor misdemeanor or to a jail term for a minor 425
misdemeanor.426

       (E) If a court sentences a person who has been convicted of 427
or pleaded guilty to a misdemeanor to a community residential 428
sanction as described in division (A) of this section, at the time 429
of reception and at other times the person in charge of the 430
operation of the halfway house, alternative residential facility, 431
community alternative sentencing center, district community 432
alternative sentencing center, or other place at which the 433
offender will serve the residential sanction determines to be 434
appropriate, the person in charge of the operation of the halfway 435
house, alternative residential facility, community alternative 436
sentencing center, district community alternative sentencing 437
center, or other place may cause the convicted offender to be 438
examined and tested for tuberculosis, HIV infection, hepatitis, 439
including, but not limited to, hepatitis A, B, and C, and other 440
contagious diseases. The person in charge of the operation of the 441
halfway house, alternative residential facility, community 442
alternative sentencing center, district community alternative 443
sentencing center, or other place at which the offender will serve 444
the residential sanction may cause a convicted offender in the 445
halfway house, alternative residential facility, community 446
alternative sentencing center, district community alternative 447
sentencing center, or other place who refuses to be tested or 448
treated for tuberculosis, HIV infection, hepatitis, including, but 449
not limited to, hepatitis A, B, and C, or another contagious 450
disease to be tested and treated involuntarily.451

       (F) A political subdivision may enter into a contract with a 452
halfway house for use of the halfway house to house misdemeanor 453
offenders under a sanction imposed under division (A)(1) of this 454
section.455

       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)Any county board of developmental disabilities, board of alcohol, drug addiction, and mental health services, board of mental health services, or board of alcohol and drug addiction services whose workers' compensation payments, on or before the effective date of this section, includes costs referred to in division (C)(2) of this section may continue to do so on and after the effective date of this amendment.

       (E) 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)(F) 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)(G) 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. 5709.40.  (A) As used in this section:5

       (1) "Blighted area" and "impacted city" have the same 6
meanings as in section 1728.01 of the Revised Code.7

       (2) "Business day" means a day of the week excluding 8
Saturday, Sunday, and a legal holiday as defined under section 9
1.14 of the Revised Code.10

       (3) "Housing renovation" means a project carried out for 11
residential purposes.12

       (4) "Improvement" means the increase in the assessed value of 13
any real property that would first appear on the tax list and 14
duplicate of real and public utility property after the effective 15
date of an ordinance adopted under this section were it not for 16
the exemption granted by that ordinance. 17

       (5) "Incentive district" means an area not more than three 18
hundred acres in size enclosed by a continuous boundary in which a 19
project is being, or will be, undertaken and having one or more of 20
the following distress characteristics:21

       (a) At least fifty-one per cent of the residents of the 22
district have incomes of less than eighty per cent of the median 23
income of residents of the political subdivision in which the 24
district is located, as determined in the same manner specified 25
under section 119(b) of the "Housing and Community Development Act 26
of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended;27

       (b) The average rate of unemployment in the district during 28
the most recent twelve-month period for which data are available 29
is equal to at least one hundred fifty per cent of the average 30
rate of unemployment for this state for the same period.31

       (c) At least twenty per cent of the people residing in the 32
district live at or below the poverty level as defined in the 33
federal Housing and Community Development Act of 1974, 42 U.S.C. 34
5301, as amended, and regulations adopted pursuant to that act.35

       (d) The district is a blighted area.36

       (e) The district is in a situational distress area as 37
designated by the director of development under division (F) of 38
section 122.23 of the Revised Code.39

       (f) As certified by the engineer for the political 40
subdivision, the public infrastructure serving the district is 41
inadequate to meet the development needs of the district as 42
evidenced by a written economic development plan or urban renewal 43
plan for the district that has been adopted by the legislative 44
authority of the subdivision.45

       (g) The district is comprised entirely of unimproved land 46
that is located in a distressed area as defined in section 122.23 47
of the Revised Code.48

       (6) "Project" means development activities undertaken on one 49
or more parcels, including, but not limited to, construction, 50
expansion, and alteration of buildings or structures, demolition, 51
remediation, and site development, and any building or structure 52
that results from those activities.53

       (7) "Public infrastructure improvement" includes, but is not 54
limited to, public roads and highways; water and sewer lines; 55
environmental remediation; land acquisition, including acquisition 56
in aid of industry, commerce, distribution, or research; 57
demolition, including demolition on private property when 58
determined to be necessary for economic development purposes; 59
stormwater and flood remediation projects, including such projects 60
on private property when determined to be necessary for public 61
health, safety, and welfare; the provision of gas, electric, and 62
communications service facilities; and the enhancement of public 63
waterways through improvements that allow for greater public 64
access. 65

       (B) The legislative authority of a municipal corporation, by 66
ordinance, may declare improvements to certain parcels of real 67
property located in the municipal corporation to be a public 68
purpose. Improvements with respect to a parcel that is used or to 69
be used for residential purposes may be declared a public purpose 70
under this division only if the parcel is located in a blighted 71
area of an impacted city. For this purpose, "parcel that is used 72
or to be used for residential purposes" means a parcel that, as 73
improved, is used or to be used for purposes that would cause the 74
tax commissioner to classify the parcel as residential property in 75
accordance with rules adopted by the commissioner under section 76
5713.041 of the Revised Code. Except with the approval under 77
division (D) of this section of the board of education of each 78
city, local, or exempted village school district within which the 79
improvements are located, not more than seventy-five per cent of 80
an improvement thus declared to be a public purpose may be 81
exempted from real property taxation for a period of not more than 82
ten years. The ordinance shall specify the percentage of the 83
improvement to be exempted from taxation and the life of the 84
exemption.85

       An ordinance adopted or amended under this division shall 86
designate the specific public infrastructure improvements made, to 87
be made, or in the process of being made by the municipal 88
corporation that directly benefit, or that once made will directly 89
benefit, the parcels for which improvements are declared to be a 90
public purpose. The service payments provided for in section 91
5709.42 of the Revised Code shall be used to finance the public 92
infrastructure improvements designated in the ordinance, for the 93
purpose described in division (D)(1) of this section or as 94
provided in section 5709.43 of the Revised Code.95

       (C)(1) The legislative authority of a municipal corporation 96
may adopt an ordinance creating an incentive district and 97
declaring improvements to parcels within the district to be a 98
public purpose and, except as provided in division (F) of this 99
section, exempt from taxation as provided in this section, but no 100
legislative authority of a municipal corporation that has a 101
population that exceeds twenty-five thousand, as shown by the most 102
recent federal decennial census, shall adopt an ordinance that 103
creates an incentive district if the sum of the taxable value of 104
real property in the proposed district for the preceding tax year 105
and the taxable value of all real property in the municipal 106
corporation that would have been taxable in the preceding year 107
were it not for the fact that the property was in an existing 108
incentive district and therefore exempt from taxation exceeds 109
twenty-five per cent of the taxable value of real property in the 110
municipal corporation for the preceding tax year. The ordinance 111
shall delineate the boundary of the district and specifically 112
identify each parcel within the district. A district may not 113
include any parcel that is or has been exempted from taxation 114
under division (B) of this section or that is or has been within 115
another district created under this division. An ordinance may 116
create more than one such district, and more than one ordinance 117
may be adopted under division (C)(1) of this section.118

       (2) Not later than thirty days prior to adopting an ordinance 119
under division (C)(1) of this section, if the municipal 120
corporation intends to apply for exemptions from taxation under 121
section 5709.911 of the Revised Code on behalf of owners of real 122
property located within the proposed incentive district, the 123
legislative authority of a municipal corporation shall conduct a 124
public hearing on the proposed ordinance. Not later than thirty 125
days prior to the public hearing, the legislative authority shall 126
give notice of the public hearing and the proposed ordinance by 127
first class mail to every real property owner whose property is 128
located within the boundaries of the proposed incentive district 129
that is the subject of the proposed ordinance.130

       (3)(a) An ordinance adopted under division (C)(1) of this 131
section shall specify the life of the incentive district and the 132
percentage of the improvements to be exempted, shall designate the 133
public infrastructure improvements made, to be made, or in the 134
process of being made, that benefit or serve, or, once made, will 135
benefit or serve parcels in the district. The ordinance also shall 136
identify one or more specific projects being, or to be, undertaken 137
in the district that place additional demand on the public 138
infrastructure improvements designated in the ordinance. The 139
project identified may, but need not be, the project under 140
division (C)(3)(b) of this section that places real property in 141
use for commercial or industrial purposes. Except as otherwise 142
permitted under that division, the service payments provided for 143
in section 5709.42 of the Revised Code shall be used to finance 144
the designated public infrastructure improvements, for the purpose 145
described in division (D)(1) or (E) of this section, or as 146
provided in section 5709.43 of the Revised Code.147

       An ordinance adopted under division (C)(1) of this section on 148
or after March 30, 2006, shall not designate police or fire 149
equipment as public infrastructure improvements, and no service 150
payment provided for in section 5709.42 of the Revised Code and 151
received by the municipal corporation under the ordinance shall be 152
used for police or fire equipment.153

       (b) An ordinance adopted under division (C)(1) of this 154
section may authorize the use of service payments provided for in 155
section 5709.42 of the Revised Code for the purpose of housing 156
renovations within the incentive district, provided that the 157
ordinance also designates public infrastructure improvements that 158
benefit or serve the district, and that a project within the 159
district places real property in use for commercial or industrial 160
purposes. Service payments may be used to finance or support 161
loans, deferred loans, and grants to persons for the purpose of 162
housing renovations within the district. The ordinance shall 163
designate the parcels within the district that are eligible for 164
housing renovation. The ordinance shall state separately the 165
amounts or the percentages of the expected aggregate service 166
payments that are designated for each public infrastructure 167
improvement and for the general purpose of housing renovations.168

       (4) Except with the approval of the board of education of 169
each city, local, or exempted village school district within the 170
territory of which the incentive district is or will be located, 171
and subject to division (E) of this section, the life of an 172
incentive district shall not exceed ten years, and the percentage 173
of improvements to be exempted shall not exceed seventy-five per 174
cent. With approval of the board of education, the life of a 175
district may be not more than thirty years, and the percentage of 176
improvements to be exempted may be not more than one hundred per 177
cent. The approval of a board of education shall be obtained in 178
the manner provided in division (D) of this section.179

       (D)(1) If the ordinance declaring improvements to a parcel to 180
be a public purpose or creating an incentive district specifies 181
that payments in lieu of taxes provided for in section 5709.42 of 182
the Revised Code shall be paid to the city, local, or exempted 183
village, and joint vocational school district in which the parcel 184
or incentive district is located in the amount of the taxes that 185
would have been payable to the school district if the improvements 186
had not been exempted from taxation, the percentage of the 187
improvement that may be exempted from taxation may exceed 188
seventy-five per cent, and the exemption may be granted for up to 189
thirty years, without the approval of the board of education as 190
otherwise required under division (D)(2) of this section.191

       (2) Improvements with respect to a parcel may be exempted 192
from taxation under division (B) of this section, and improvements 193
to parcels within an incentive district may be exempted from 194
taxation under division (C) of this section, for up to ten years 195
or, with the approval under this paragraph of the board of 196
education of the city, local, or exempted village school district 197
within which the parcel or district is located, for up to thirty 198
years. The percentage of the improvement exempted from taxation 199
may, with such approval, exceed seventy-five per cent, but shall 200
not exceed one hundred per cent. Not later than forty-five 201
business days prior to adopting an ordinance under this section 202
declaring improvements to be a public purpose that is subject to 203
approval by a board of education under this division, the 204
legislative authority shall deliver to the board of education a 205
notice stating its intent to adopt an ordinance making that 206
declaration. The notice regarding improvements with respect to a 207
parcel under division (B) of this section shall identify the 208
parcels for which improvements are to be exempted from taxation, 209
provide an estimate of the true value in money of the 210
improvements, specify the period for which the improvements would 211
be exempted from taxation and the percentage of the improvement 212
that would be exempted, and indicate the date on which the 213
legislative authority intends to adopt the ordinance. The notice 214
regarding improvements to parcels within an incentive district 215
under division (C) of this section shall delineate the boundaries 216
of the district, specifically identify each parcel within the 217
district, identify each anticipated improvement in the district, 218
provide an estimate of the true value in money of each such 219
improvement, specify the life of the district and the percentage 220
of improvements that would be exempted, and indicate the date on 221
which the legislative authority intends to adopt the ordinance. 222
The board of education, by resolution adopted by a majority of the 223
board, may approve the exemption for the period or for the 224
exemption percentage specified in the notice; may disapprove the 225
exemption for the number of years in excess of ten, may disapprove 226
the exemption for the percentage of the improvement to be exempted 227
in excess of seventy-five per cent, or both; or may approve the 228
exemption on the condition that the legislative authority and the 229
board negotiate an agreement providing for compensation to the 230
school district equal in value to a percentage of the amount of 231
taxes exempted in the eleventh and subsequent years of the 232
exemption period or, in the case of exemption percentages in 233
excess of seventy-five per cent, compensation equal in value to a 234
percentage of the taxes that would be payable on the portion of 235
the improvement in excess of seventy-five per cent were that 236
portion to be subject to taxation, or other mutually agreeable 237
compensation. If an agreement is negotiated between the 238
legislative authority and the board to compensate the school 239
district for all or part of the taxes exempted, including 240
agreements for payments in lieu of taxes under section 5709.42 of 241
the Revised Code, the legislative authority shall compensate the 242
joint vocational school district within which the parcel or 243
district is located at the same rate and under the same terms 244
received by the city, local, or exempted village school district.245

       (3) The board of education shall certify its resolution to 246
the legislative authority not later than fourteen days prior to 247
the date the legislative authority intends to adopt the ordinance 248
as indicated in the notice. If the board of education and the 249
legislative authority negotiate a mutually acceptable compensation 250
agreement, the ordinance may declare the improvements a public 251
purpose for the number of years specified in the ordinance or, in 252
the case of exemption percentages in excess of seventy-five per 253
cent, for the exemption percentage specified in the ordinance. In 254
either case, if the board and the legislative authority fail to 255
negotiate a mutually acceptable compensation agreement, the 256
ordinance may declare the improvements a public purpose for not 257
more than ten years, and shall not exempt more than seventy-five 258
per cent of the improvements from taxation. If the board fails to 259
certify a resolution to the legislative authority within the time 260
prescribed by this division, the legislative authority thereupon 261
may adopt the ordinance and may declare the improvements a public 262
purpose for up to thirty years, or, in the case of exemption 263
percentages proposed in excess of seventy-five per cent, for the 264
exemption percentage specified in the ordinance. The legislative 265
authority may adopt the ordinance at any time after the board of 266
education certifies its resolution approving the exemption to the 267
legislative authority, or, if the board approves the exemption on 268
the condition that a mutually acceptable compensation agreement be 269
negotiated, at any time after the compensation agreement is agreed 270
to by the board and the legislative authority.271

       (4) If a board of education has adopted a resolution waiving 272
its right to approve exemptions from taxation under this section 273
and the resolution remains in effect, approval of exemptions by 274
the board is not required under division (D) of this section. If a 275
board of education has adopted a resolution allowing a legislative 276
authority to deliver the notice required under division (D) of 277
this section fewer than forty-five business days prior to the 278
legislative authority's adoption of the ordinance, the legislative 279
authority shall deliver the notice to the board not later than the 280
number of days prior to such adoption as prescribed by the board 281
in its resolution. If a board of education adopts a resolution 282
waiving its right to approve agreements or shortening the 283
notification period, the board shall certify a copy of the 284
resolution to the legislative authority. If the board of education 285
rescinds such a resolution, it shall certify notice of the 286
rescission to the legislative authority.287

       (5) If the legislative authority is not required by division 288
(D) of this section to notify the board of education of the 289
legislative authority's intent to declare improvements to be a 290
public purpose, the legislative authority shall comply with the 291
notice requirements imposed under section 5709.83 of the Revised 292
Code, unless the board has adopted a resolution under that section 293
waiving its right to receive such a notice.294

       (E)(1) If a proposed ordinance under division (C)(1) of this 295
section exempts improvements with respect to a parcel within an 296
incentive district for more than ten years, or the percentage of 297
the improvement exempted from taxation exceeds seventy-five per 298
cent, not later than forty-five business days prior to adopting 299
the ordinance the legislative authority of the municipal 300
corporation shall deliver to the board of county commissioners of 301
the county within which the incentive district will be located a 302
notice that states its intent to adopt an ordinance creating an 303
incentive district. The notice shall include a copy of the 304
proposed ordinance, identify the parcels for which improvements 305
are to be exempted from taxation, provide an estimate of the true 306
value in money of the improvements, specify the period of time for 307
which the improvements would be exempted from taxation, specify 308
the percentage of the improvements that would be exempted from 309
taxation, and indicate the date on which the legislative authority 310
intends to adopt the ordinance.311

       (2) The board of county commissioners, by resolution adopted 312
by a majority of the board, may object to the exemption for the 313
number of years in excess of ten, may object to the exemption for 314
the percentage of the improvement to be exempted in excess of 315
seventy-five per cent, or both. If the board of county 316
commissioners objects, the board may negotiate a mutually 317
acceptable compensation agreement with the legislative authority. 318
In no case shall the compensation provided to the board exceed the 319
property taxes forgone due to the exemption. If the board of 320
county commissioners objects, and the board and legislative 321
authority fail to negotiate a mutually acceptable compensation 322
agreement, the ordinance adopted under division (C)(1) of this 323
section shall provide to the board compensation in the eleventh 324
and subsequent years of the exemption period equal in value to not 325
more than fifty per cent of the taxes that would be payable to the 326
county or, if the board's objection includes an objection to an 327
exemption percentage in excess of seventy-five per cent, 328
compensation equal in value to not more than fifty per cent of the 329
taxes that would be payable to the county, on the portion of the 330
improvement in excess of seventy-five per cent, were that portion 331
to be subject to taxation. The board of county commissioners shall 332
certify its resolution to the legislative authority not later than 333
thirty days after receipt of the notice.334

       (3) If the board of county commissioners does not object or 335
fails to certify its resolution objecting to an exemption within 336
thirty days after receipt of the notice, the legislative authority 337
may adopt the ordinance, and no compensation shall be provided to 338
the board of county commissioners. If the board timely certifies 339
its resolution objecting to the ordinance, the legislative 340
authority may adopt the ordinance at any time after a mutually 341
acceptable compensation agreement is agreed to by the board and 342
the legislative authority, or, if no compensation agreement is 343
negotiated, at any time after the legislative authority agrees in 344
the proposed ordinance to provide compensation to the board of 345
fifty per cent of the taxes that would be payable to the county in 346
the eleventh and subsequent years of the exemption period or on 347
the portion of the improvement in excess of seventy-five per cent, 348
were that portion to be subject to taxation.349

       (F) Service payments in lieu of taxes that are attributable 350
to any amount by which the effective tax rate of either a renewal 351
levy with an increase or a replacement levy exceeds the effective 352
tax rate of the levy renewed or replaced, or that are attributable 353
to an additional levy, for a levy authorized by the voters for any 354
of the following purposes on or after January 1, 2006, and which 355
are provided pursuant to an ordinance creating an incentive 356
district under division (C)(1) of this section that is adopted on 357
or after January 1, 2006, shall be distributed to the appropriate 358
taxing authority as required under division (C) of section 5709.42 359
of the Revised Code in an amount equal to the amount of taxes from 360
that additional levy or from the increase in the effective tax 361
rate of such renewal or replacement levy that would have been 362
payable to that taxing authority from the following levies were it 363
not for the exemption authorized under division (C) of this 364
section:365

       (1) A tax levied under division (L) of section 5705.19 or 366
section 5705.191 of the Revised Code for community mental 367
retardation and developmental disabilities programs and services 368
pursuant to Chapter 5126. of the Revised Code;369

       (2) A tax levied under division (Y) of section 5705.19 of the 370
Revised Code for providing or maintaining senior citizens services 371
or facilities;372

       (3) A tax levied under section 5705.22 of the Revised Code 373
for county hospitals;374

       (4) A tax levied by a joint-county district or by a county 375
under section 5705.19, 5705.191, or 5705.221 of the Revised Code 376
for alcohol, drug addiction, and mental health services or 377
facilities;378

       (5) A tax levied under section 5705.23 of the Revised Code 379
for library purposes;380

       (6) A tax levied under section 5705.24 of the Revised Code 381
for the support of children services and the placement and care of 382
children;383

       (7) A tax levied under division (Z) of section 5705.19 of the 384
Revised Code for the provision and maintenance of zoological park 385
services and facilities under section 307.76 of the Revised Code;386

        (8) A tax levied under section 511.27 or division (H) of 387
section 5705.19 of the Revised Code for the support of township 388
park districts;389

        (9) A tax levied under division (A), (F), or (H) of section 390
5705.19 of the Revised Code for parks and recreational purposes of 391
a joint recreation district organized pursuant to division (B) of 392
section 755.14 of the Revised Code;393

        (10) A tax levied under section 1545.20 or 1545.21 of the 394
Revised Code for park district purposes;395

        (11) A tax levied under section 5705.191 of the Revised Code 396
for the purpose of making appropriations for public assistance; 397
human or social services; public relief; public welfare; public 398
health and hospitalization; and support of general hospitals;399

        (12) A tax levied under section 3709.29 of the Revised Code 400
for a general health district program.401

        (G) An exemption from taxation granted under this section 402
commences with the tax year specified in the ordinance so long as 403
the year specified in the ordinance commences after the effective 404
date of the ordinance. If the ordinance specifies a year 405
commencing before the effective date of the resolution or 406
specifies no year whatsoever, the exemption commences with the tax 407
year in which an exempted improvement first appears on the tax 408
list and duplicate of real and public utility property and that 409
commences after the effective date of the ordinance. Except as 410
otherwise provided in this division, the exemption ends on the 411
date specified in the ordinance as the date the improvement ceases 412
to be a public purpose or the incentive district expires, or ends 413
on the date on which the public infrastructure improvements and 414
housing renovations are paid in full from the municipal public 415
improvement tax increment equivalent fund established under 416
division (A) of section 5709.43 of the Revised Code, whichever 417
occurs first. The exemption of an improvement with respect to a 418
parcel or within an incentive district may end on a later date, as 419
specified in the ordinance, if the legislative authority and the 420
board of education of the city, local, or exempted village school 421
district within which the parcel or district is located have 422
entered into a compensation agreement under section 5709.82 of the 423
Revised Code with respect to the improvement, and the board of 424
education has approved the term of the exemption under division 425
(D)(2) of this section, but in no case shall the improvement be 426
exempted from taxation for more than thirty years. Exemptions 427
shall be claimed and allowed in the same manner as in the case of 428
other real property exemptions. If an exemption status changes 429
during a year, the procedure for the apportionment of the taxes 430
for that year is the same as in the case of other changes in tax 431
exemption status during the year.432

       (H) Additional municipal financing of public infrastructure 433
improvements and housing renovations may be provided by any 434
methods that the municipal corporation may otherwise use for 435
financing such improvements or renovations. If the municipal 436
corporation issues bonds or notes to finance the public 437
infrastructure improvements and housing renovations and pledges 438
money from the municipal public improvement tax increment 439
equivalent fund to pay the interest on and principal of the bonds 440
or notes, the bonds or notes are not subject to Chapter 133. of 441
the Revised Code.442

       (I) The municipal corporation, not later than fifteen days 443
after the adoption of an ordinance under this section, shall 444
submit to the director of development a copy of the ordinance. On 445
or before the thirty-first day of March of each year, the 446
municipal corporation shall submit a status report to the director 447
of development. The report shall indicate, in the manner 448
prescribed by the director, the progress of the project during 449
each year that an exemption remains in effect, including a summary 450
of the receipts from service payments in lieu of taxes; 451
expenditures of money from the funds created under section 5709.43 452
of the Revised Code; a description of the public infrastructure 453
improvements and housing renovations financed with such 454
expenditures; and a quantitative summary of changes in employment 455
and private investment resulting from each project.456

       (J) Nothing in this section shall be construed to prohibit a 457
legislative authority from declaring to be a public purpose 458
improvements with respect to more than one parcel.459

       Sec. 5709.41.  (A) As used in this section:460

       (1) "Business day" means a day of the week excluding 461
Saturday, Sunday, and a legal holiday as defined under section 462
1.14 of the Revised Code.463

       (2) "Improvement" means the increase in assessed value of any 464
parcel of property subsequent to the acquisition of the parcel by 465
a municipal corporation engaged in urban redevelopment.466

       (B) The legislative authority of a municipal corporation, by 467
ordinance, may declare to be a public purpose any improvement to a 468
parcel of real property if both of the following apply:469

       (1) The municipal corporation held fee title to the parcel 470
prior to the adoption of the ordinance;471

       (2) The parcel is leased, or the fee of the parcel is 472
conveyed, to any person either before or after adoption of the 473
ordinance.474

       Improvements used or to be used for residential purposes may 475
be declared a public purpose under this section only if the parcel 476
is located in a blighted area of an impacted city as those terms 477
are defined in section 1728.01 of the Revised Code. For this 478
purpose, "parcel that is used or to be used for residential 479
purposes" means a parcel that, as improved, is used or to be used 480
for purposes that would cause the tax commissioner to classify the 481
parcel as residential property in accordance with rules adopted by 482
the commissioner under section 5713.041 of the Revised Code.483

       (C) Except as otherwise provided in division (C)(1), (2), or 484
(3) of this section, not more than seventy-five per cent of an 485
improvement thus declared to be a public purpose may be exempted 486
from real property taxation. The ordinance shall specify the 487
percentage of the improvement to be exempted from taxation.488

       (1) If the ordinance declaring improvements to a parcel to be 489
a public purpose specifies that payments in lieu of taxes provided 490
for in section 5709.42 of the Revised Code shall be paid to the 491
city, local, or exempted village school district in which the 492
parcel is located in the amount of the taxes that would have been 493
payable to the school district if the improvements had not been 494
exempted from taxation, the percentage of the improvement that may 495
be exempted from taxation may exceed seventy-five per cent, and 496
the exemption may be granted for up to thirty years, without the 497
approval of the board of education as otherwise required under 498
division (C)(2) of this section.499

       (2) Improvements may be exempted from taxation for up to ten 500
years or, with the approval of the board of education of the city, 501
local, or exempted village school district within the territory of 502
which the improvements are or will be located, for up to thirty 503
years. The percentage of the improvement exempted from taxation 504
may, with such approval, exceed seventy-five per cent, but shall 505
not exceed one hundred per cent. Not later than forty-five 506
business days prior to adopting an ordinance under this section, 507
the legislative authority shall deliver to the board of education 508
a notice stating its intent to declare improvements to be a public 509
purpose under this section. The notice shall describe the parcel 510
and the improvements, provide an estimate of the true value in 511
money of the improvements, specify the period for which the 512
improvements would be exempted from taxation and the percentage of 513
the improvements that would be exempted, and indicate the date on 514
which the legislative authority intends to adopt the ordinance. 515
The board of education, by resolution adopted by a majority of the 516
board, may approve the exemption for the period or for the 517
exemption percentage specified in the notice, may disapprove the 518
exemption for the number of years in excess of ten, may disapprove 519
the exemption for the percentage of the improvements to be 520
exempted in excess of seventy-five per cent, or both, or may 521
approve the exemption on the condition that the legislative 522
authority and the board negotiate an agreement providing for 523
compensation to the school district equal in value to a percentage 524
of the amount of taxes exempted in the eleventh and subsequent 525
years of the exemption period, or, in the case of exemption 526
percentages in excess of seventy-five per cent, compensation equal 527
in value to a percentage of the taxes that would be payable on the 528
portion of the improvement in excess of seventy-five per cent were 529
that portion to be subject to taxation. The board of education 530
shall certify its resolution to the legislative authority not 531
later than fourteen days prior to the date the legislative 532
authority intends to adopt the ordinance as indicated in the 533
notice. If the board of education approves the exemption on the 534
condition that a compensation agreement be negotiated, the board 535
in its resolution shall propose a compensation percentage. If the 536
board of education and the legislative authority negotiate a 537
mutually acceptable compensation agreement, the ordinance may 538
declare the improvements a public purpose for the number of years 539
specified in the ordinance or, in the case of exemption 540
percentages in excess of seventy-five per cent, for the exemption 541
percentage specified in the ordinance. In either case, if the 542
board and the legislative authority fail to negotiate a mutually 543
acceptable compensation agreement, the ordinance may declare the 544
improvements a public purpose for not more than ten years, but 545
shall not exempt more than seventy-five per cent of the 546
improvements from taxation. If the board fails to certify a 547
resolution to the legislative authority within the time prescribed 548
by this division, the legislative authority thereupon may adopt 549
the ordinance and may declare the improvements a public purpose 550
for up to thirty years. The legislative authority may adopt the 551
ordinance at any time after the board of education certifies its 552
resolution approving the exemption to the legislative authority, 553
or, if the board approves the exemption on the condition that a 554
mutually acceptable compensation agreement be negotiated, at any 555
time after the compensation agreement is agreed to by the board 556
and the legislative authority. If a mutually acceptable 557
compensation agreement is negotiated between the legislative 558
authority and the board, including agreements for payments in lieu 559
of taxes under section 5709.42 of the Revised Code, the 560
legislative authority shall compensate the joint vocational school 561
district within the territory of which the improvements are or 562
will be located at the same rate and under the same terms received 563
by the city, local, or exempted village school district.564

       (3) If a board of education has adopted a resolution waiving 565
its right to approve exemptions from taxation and the resolution 566
remains in effect, approval of exemptions by the board is not 567
required under this division. If a board of education has adopted 568
a resolution allowing a legislative authority to deliver the 569
notice required under this division fewer than forty-five business 570
days prior to the legislative authority's adoption of the 571
ordinance, the legislative authority shall deliver the notice to 572
the board not later than the number of days prior to such adoption 573
as prescribed by the board in its resolution. If a board of 574
education adopts a resolution waiving its right to approve 575
exemptions or shortening the notification period, the board shall 576
certify a copy of the resolution to the legislative authority. If 577
the board of education rescinds such a resolution, it shall 578
certify notice of the rescission to the legislative authority.579

       (4) If the legislative authority is not required by division 580
(C)(1), (2), or (3) of this section to notify the board of 581
education of the legislative authority's intent to declare 582
improvements to be a public purpose, the legislative authority 583
shall comply with the notice requirements imposed under section 584
5709.83 of the Revised Code, unless the board has adopted a 585
resolution under that section waiving its right to receive such a 586
notice.587

       (D) The exemption commences on the effective date of the 588
ordinance and ends on the date specified in the ordinance as the 589
date the improvement ceases to be a public purpose. The exemption 590
shall be claimed and allowed in the same or a similar manner as in 591
the case of other real property exemptions. If an exemption status 592
changes during a tax year, the procedure for the apportionment of 593
the taxes for that year is the same as in the case of other 594
changes in tax exemption status during the year.595

       (E) A municipal corporation, not later than fifteen days 596
after the adoption of an ordinance granting a tax exemption under 597
this section, shall submit to the director of development a copy 598
of the ordinance. On or before the thirty-first day of March each 599
year, the municipal corporation shall submit a status report to 600
the director of development outlining the progress of the project 601
during each year that the exemption remains in effect.602

       Sec. 5709.73.  (A) As used in this section and section 603
5709.74 of the Revised Code:604

       (1) "Business day" means a day of the week excluding 605
Saturday, Sunday, and a legal holiday as defined in section 1.14 606
of the Revised Code.607

       (2) "Further improvements" or "improvements" means the 608
increase in the assessed value of real property that would first 609
appear on the tax list and duplicate of real and public utility 610
property after the effective date of a resolution adopted under 611
this section were it not for the exemption granted by that 612
resolution. For purposes of division (B) of this section, 613
"improvements" do not include any property used or to be used for 614
residential purposes. For this purpose, "property that is used or 615
to be used for residential purposes" means property that, as 616
improved, is used or to be used for purposes that would cause the 617
tax commissioner to classify the property as residential property 618
in accordance with rules adopted by the commissioner under section 619
5713.041 of the Revised Code.620

       (3) "Housing renovation" means a project carried out for 621
residential purposes.622

       (4) "Incentive district" has the same meaning as in section 623
5709.40 of the Revised Code, except that a blighted area is in the 624
unincorporated area of a township.625

       (5) "Project" and "public infrastructure improvement" have 626
the same meanings as in section 5709.40 of the Revised Code.627

       (B) A board of township trustees may, by unanimous vote, 628
adopt a resolution that declares to be a public purpose any public 629
infrastructure improvements made that are necessary for the 630
development of certain parcels of land located in the 631
unincorporated area of the township. Except with the approval 632
under division (D) of this section of the board of education of 633
each city, local, or exempted village school district within which 634
the improvements are located, the resolution may exempt from real 635
property taxation not more than seventy-five per cent of further 636
improvements to a parcel of land that directly benefits from the 637
public infrastructure improvements, for a period of not more than 638
ten years. The resolution shall specify the percentage of the 639
further improvements to be exempted and the life of the exemption.640

       (C)(1) A board of township trustees may adopt, by unanimous 641
vote, a resolution creating an incentive district and declaring 642
improvements to parcels within the district to be a public purpose 643
and, except as provided in division (F) of this section, exempt 644
from taxation as provided in this section, but no board of 645
township trustees of a township that has a population that exceeds 646
twenty-five thousand, as shown by the most recent federal 647
decennial census, shall adopt a resolution that creates an 648
incentive district if the sum of the taxable value of real 649
property in the proposed district for the preceding tax year and 650
the taxable value of all real property in the township that would 651
have been taxable in the preceding year were it not for the fact 652
that the property was in an existing incentive district and 653
therefore exempt from taxation exceeds twenty-five per cent of the 654
taxable value of real property in the township for the preceding 655
tax year. The district shall be located within the unincorporated 656
area of the township and shall not include any territory that is 657
included within a district created under division (B) of section 658
5709.78 of the Revised Code. The resolution shall delineate the 659
boundary of the district and specifically identify each parcel 660
within the district. A district may not include any parcel that is 661
or has been exempted from taxation under division (B) of this 662
section or that is or has been within another district created 663
under this division. A resolution may create more than one 664
district, and more than one resolution may be adopted under 665
division (C)(1) of this section.666

       (2) Not later than thirty days prior to adopting a resolution 667
under division (C)(1) of this section, if the township intends to 668
apply for exemptions from taxation under section 5709.911 of the 669
Revised Code on behalf of owners of real property located within 670
the proposed incentive district, the board shall conduct a public 671
hearing on the proposed resolution. Not later than thirty days 672
prior to the public hearing, the board shall give notice of the 673
public hearing and the proposed resolution by first class mail to 674
every real property owner whose property is located within the 675
boundaries of the proposed incentive district that is the subject 676
of the proposed resolution.677

       (3)(a) A resolution adopted under division (C)(1) of this 678
section shall specify the life of the incentive district and the 679
percentage of the improvements to be exempted, shall designate the 680
public infrastructure improvements made, to be made, or in the 681
process of being made, that benefit or serve, or, once made, will 682
benefit or serve parcels in the district. The resolution also 683
shall identify one or more specific projects being, or to be, 684
undertaken in the district that place additional demand on the 685
public infrastructure improvements designated in the resolution. 686
The project identified may, but need not be, the project under 687
division (C)(3)(b) of this section that places real property in 688
use for commercial or industrial purposes.689

       A resolution adopted under division (C)(1) of this section on 690
or after March 30, 2006, shall not designate police or fire 691
equipment as public infrastructure improvements, and no service 692
payment provided for in section 5709.74 of the Revised Code and 693
received by the township under the resolution shall be used for 694
police or fire equipment.695

       (b) A resolution adopted under division (C)(1) of this 696
section may authorize the use of service payments provided for in 697
section 5709.74 of the Revised Code for the purpose of housing 698
renovations within the incentive district, provided that the 699
resolution also designates public infrastructure improvements that 700
benefit or serve the district, and that a project within the 701
district places real property in use for commercial or industrial 702
purposes. Service payments may be used to finance or support 703
loans, deferred loans, and grants to persons for the purpose of 704
housing renovations within the district. The resolution shall 705
designate the parcels within the district that are eligible for 706
housing renovations. The resolution shall state separately the 707
amount or the percentages of the expected aggregate service 708
payments that are designated for each public infrastructure 709
improvement and for the purpose of housing renovations.710

       (4) Except with the approval of the board of education of 711
each city, local, or exempted village school district within the 712
territory of which the incentive district is or will be located, 713
and subject to division (E) of this section, the life of an 714
incentive district shall not exceed ten years, and the percentage 715
of improvements to be exempted shall not exceed seventy-five per 716
cent. With approval of the board of education, the life of a 717
district may be not more than thirty years, and the percentage of 718
improvements to be exempted may be not more than one hundred per 719
cent. The approval of a board of education shall be obtained in 720
the manner provided in division (D) of this section.721

       (D) Improvements with respect to a parcel may be exempted 722
from taxation under division (B) of this section, and improvements 723
to parcels within an incentive district may be exempted from 724
taxation under division (C) of this section, for up to ten years 725
or, with the approval of the board of education of the city, 726
local, or exempted village school district within which the parcel 727
or district is located, for up to thirty years. The percentage of 728
the improvements exempted from taxation may, with such approval, 729
exceed seventy-five per cent, but shall not exceed one hundred per 730
cent. Not later than forty-five business days prior to adopting a 731
resolution under this section declaring improvements to be a 732
public purpose that is subject to approval by a board of education 733
under this division, the board of township trustees shall deliver 734
to the board of education a notice stating its intent to adopt a 735
resolution making that declaration. The notice regarding 736
improvements with respect to a parcel under division (B) of this 737
section shall identify the parcels for which improvements are to 738
be exempted from taxation, provide an estimate of the true value 739
in money of the improvements, specify the period for which the 740
improvements would be exempted from taxation and the percentage of 741
the improvements that would be exempted, and indicate the date on 742
which the board of township trustees intends to adopt the 743
resolution. The notice regarding improvements made under division 744
(C) of this section to parcels within an incentive district shall 745
delineate the boundaries of the district, specifically identify 746
each parcel within the district, identify each anticipated 747
improvement in the district, provide an estimate of the true value 748
in money of each such improvement, specify the life of the 749
district and the percentage of improvements that would be 750
exempted, and indicate the date on which the board of township 751
trustees intends to adopt the resolution. The board of education, 752
by resolution adopted by a majority of the board, may approve the 753
exemption for the period or for the exemption percentage specified 754
in the notice; may disapprove the exemption for the number of 755
years in excess of ten, may disapprove the exemption for the 756
percentage of the improvements to be exempted in excess of 757
seventy-five per cent, or both; or may approve the exemption on 758
the condition that the board of township trustees and the board of 759
education negotiate an agreement providing for compensation to the 760
school district equal in value to a percentage of the amount of 761
taxes exempted in the eleventh and subsequent years of the 762
exemption period or, in the case of exemption percentages in 763
excess of seventy-five per cent, compensation equal in value to a 764
percentage of the taxes that would be payable on the portion of 765
the improvements in excess of seventy-five per cent were that 766
portion to be subject to taxation, or other mutually agreeable 767
compensation.768

       The board of education shall certify its resolution to the 769
board of township trustees not later than fourteen days prior to 770
the date the board of township trustees intends to adopt the 771
resolution as indicated in the notice. If the board of education 772
and the board of township trustees negotiate a mutually acceptable 773
compensation agreement, the resolution may declare the 774
improvements a public purpose for the number of years specified in 775
the resolution or, in the case of exemption percentages in excess 776
of seventy-five per cent, for the exemption percentage specified 777
in the resolution. In either case, if the board of education and 778
the board of township trustees fail to negotiate a mutually 779
acceptable compensation agreement, the resolution may declare the 780
improvements a public purpose for not more than ten years, and 781
shall not exempt more than seventy-five per cent of the 782
improvements from taxation. If the board of education fails to 783
certify a resolution to the board of township trustees within the 784
time prescribed by this section, the board of township trustees 785
thereupon may adopt the resolution and may declare the 786
improvements a public purpose for up to thirty years or, in the 787
case of exemption percentages proposed in excess of seventy-five 788
per cent, for the exemption percentage specified in the 789
resolution. The board of township trustees may adopt the 790
resolution at any time after the board of education certifies its 791
resolution approving the exemption to the board of township 792
trustees, or, if the board of education approves the exemption on 793
the condition that a mutually acceptable compensation agreement be 794
negotiated, at any time after the compensation agreement is agreed 795
to by the board of education and the board of township trustees. 796
If a mutually acceptable compensation agreement is negotiated 797
between the board of township trustees and the board of education, 798
including agreements for payments in lieu of taxes under section 799
5709.74 of the Revised Code, the board of township trustees shall 800
compensate the joint vocational school district within which the 801
parcel or district is located at the same rate and under the same 802
terms received by the city, local, or exempted village school 803
district.804

        If a board of education has adopted a resolution waiving its 805
right to approve exemptions from taxation under this section and 806
the resolution remains in effect, approval of such exemptions by 807
the board of education is not required under division (D) of this 808
section. If a board of education has adopted a resolution allowing 809
a board of township trustees to deliver the notice required under 810
division (D) of this section fewer than forty-five business days 811
prior to adoption of the resolution by the board of township 812
trustees, the board of township trustees shall deliver the notice 813
to the board of education not later than the number of days prior 814
to the adoption as prescribed by the board of education in its 815
resolution. If a board of education adopts a resolution waiving 816
its right to approve exemptions or shortening the notification 817
period, the board of education shall certify a copy of the 818
resolution to the board of township trustees. If the board of 819
education rescinds the resolution, it shall certify notice of the 820
rescission to the board of township trustees.821

       If the board of township trustees is not required by division 822
(D) of this section to notify the board of education of the board 823
of township trustees' intent to declare improvements to be a 824
public purpose, the board of township trustees shall comply with 825
the notice requirements imposed under section 5709.83 of the 826
Revised Code before taking formal action to adopt the resolution 827
making that declaration, unless the board of education has adopted 828
a resolution under that section waiving its right to receive the 829
notice.830

       (E)(1) If a proposed resolution under division (C)(1) of this 831
section exempts improvements with respect to a parcel within an 832
incentive district for more than ten years, or the percentage of 833
the improvement exempted from taxation exceeds seventy-five per 834
cent, not later than forty-five business days prior to adopting 835
the resolution the board of township trustees shall deliver to the 836
board of county commissioners of the county within which the 837
incentive district is or will be located a notice that states its 838
intent to adopt a resolution creating an incentive district. The 839
notice shall include a copy of the proposed resolution, identify 840
the parcels for which improvements are to be exempted from 841
taxation, provide an estimate of the true value in money of the 842
improvements, specify the period of time for which the 843
improvements would be exempted from taxation, specify the 844
percentage of the improvements that would be exempted from 845
taxation, and indicate the date on which the board of township 846
trustees intends to adopt the resolution.847

       (2) The board of county commissioners, by resolution adopted 848
by a majority of the board, may object to the exemption for the 849
number of years in excess of ten, may object to the exemption for 850
the percentage of the improvement to be exempted in excess of 851
seventy-five per cent, or both. If the board of county 852
commissioners objects, the board may negotiate a mutually 853
acceptable compensation agreement with the board of township 854
trustees. In no case shall the compensation provided to the board 855
of county commissioners exceed the property taxes foregone due to 856
the exemption. If the board of county commissioners objects, and 857
the board of county commissioners and board of township trustees 858
fail to negotiate a mutually acceptable compensation agreement, 859
the resolution adopted under division (C)(1) of this section shall 860
provide to the board of county commissioners compensation in the 861
eleventh and subsequent years of the exemption period equal in 862
value to not more than fifty per cent of the taxes that would be 863
payable to the county or, if the board of county commissioner's 864
objection includes an objection to an exemption percentage in 865
excess of seventy-five per cent, compensation equal in value to 866
not more than fifty per cent of the taxes that would be payable to 867
the county, on the portion of the improvement in excess of 868
seventy-five per cent, were that portion to be subject to 869
taxation. The board of county commissioners shall certify its 870
resolution to the board of township trustees not later than thirty 871
days after receipt of the notice.872

       (3) If the board of county commissioners does not object or 873
fails to certify its resolution objecting to an exemption within 874
thirty days after receipt of the notice, the board of township 875
trustees may adopt its resolution, and no compensation shall be 876
provided to the board of county commissioners. If the board of 877
county commissioners timely certifies its resolution objecting to 878
the trustees' resolution, the board of township trustees may adopt 879
its resolution at any time after a mutually acceptable 880
compensation agreement is agreed to by the board of county 881
commissioners and the board of township trustees, or, if no 882
compensation agreement is negotiated, at any time after the board 883
of township trustees agrees in the proposed resolution to provide 884
compensation to the board of county commissioners of fifty per 885
cent of the taxes that would be payable to the county in the 886
eleventh and subsequent years of the exemption period or on the 887
portion of the improvement in excess of seventy-five per cent, 888
were that portion to be subject to taxation.889

       (F) Service payments in lieu of taxes that are attributable 890
to any amount by which the effective tax rate of either a renewal 891
levy with an increase or a replacement levy exceeds the effective 892
tax rate of the levy renewed or replaced, or that are attributable 893
to an additional levy, for a levy authorized by the voters for any 894
of the following purposes on or after January 1, 2006, and which 895
are provided pursuant to a resolution creating an incentive 896
district under division (C)(1) of this section that is adopted on 897
or after January 1, 2006, shall be distributed to the appropriate 898
taxing authority as required under division (C) of section 5709.74 899
of the Revised Code in an amount equal to the amount of taxes from 900
that additional levy or from the increase in the effective tax 901
rate of such renewal or replacement levy that would have been 902
payable to that taxing authority from the following levies were it 903
not for the exemption authorized under division (C) of this 904
section:905

       (1) A tax levied under division (L) of section 5705.19 or 906
section 5705.191 of the Revised Code for community mental 907
retardation and developmental disabilities programs and services 908
pursuant to Chapter 5126. of the Revised Code;909

       (2) A tax levied under division (Y) of section 5705.19 of the 910
Revised Code for providing or maintaining senior citizens services 911
or facilities;912

       (3) A tax levied under section 5705.22 of the Revised Code 913
for county hospitals;914

       (4) A tax levied by a joint-county district or by a county 915
under section 5705.19, 5705.191, or 5705.221 of the Revised Code 916
for alcohol, drug addiction, and mental health services or 917
families;918

       (5) A tax levied under section 5705.23 of the Revised Code 919
for library purposes;920

       (6) A tax levied under section 5705.24 of the Revised Code 921
for the support of children services and the placement and care of 922
children;923

       (7) A tax levied under division (Z) of section 5705.19 of the 924
Revised Code for the provision and maintenance of zoological park 925
services and facilities under section 307.76 of the Revised Code;926

        (8) A tax levied under section 511.27 or division (H) of 927
section 5705.19 of the Revised Code for the support of township 928
park districts;929

        (9) A tax levied under division (A), (F), or (H) of section 930
5705.19 of the Revised Code for parks and recreational purposes of 931
a joint recreation district organized pursuant to division (B) of 932
section 755.14 of the Revised Code;933

        (10) A tax levied under section 1545.20 or 1545.21 of the 934
Revised Code for park district purposes;935

        (11) A tax levied under section 5705.191 of the Revised Code 936
for the purpose of making appropriations for public assistance; 937
human or social services; public relief; public welfare; public 938
health and hospitalization; and support of general hospitals;939

        (12) A tax levied under section 3709.29 of the Revised Code 940
for a general health district program.941

       (G) An exemption from taxation granted under this section 942
commences with the tax year specified in the resolution so long as 943
the year specified in the resolution commences after the effective 944
date of the resolution. If the resolution specifies a year 945
commencing before the effective date of the resolution or 946
specifies no year whatsoever, the exemption commences with the tax 947
year in which an exempted improvement first appears on the tax 948
list and duplicate of real and public utility property and that 949
commences after the effective date of the resolution. Except as 950
otherwise provided in this division, the exemption ends on the 951
date specified in the resolution as the date the improvement 952
ceases to be a public purpose or the incentive district expires, 953
or ends on the date on which the public infrastructure 954
improvements and housing renovations are paid in full from the 955
township public improvement tax increment equivalent fund 956
established under section 5709.75 of the Revised Code, whichever 957
occurs first. The exemption of an improvement with respect to a 958
parcel or within an incentive district may end on a later date, as 959
specified in the resolution, if the board of township trustees and 960
the board of education of the city, local, or exempted village 961
school district within which the parcel or district is located 962
have entered into a compensation agreement under section 5709.82 963
of the Revised Code with respect to the improvement and the board 964
of education has approved the term of the exemption under division 965
(D) of this section, but in no case shall the improvement be 966
exempted from taxation for more than thirty years. The board of 967
township trustees may, by majority vote, adopt a resolution 968
permitting the township to enter into such agreements as the board 969
finds necessary or appropriate to provide for the construction or 970
undertaking of public infrastructure improvements and housing 971
renovations. Any exemption shall be claimed and allowed in the 972
same or a similar manner as in the case of other real property 973
exemptions. If an exemption status changes during a tax year, the 974
procedure for the apportionment of the taxes for that year is the 975
same as in the case of other changes in tax exemption status 976
during the year.977

       (H) The board of township trustees may issue the notes of the 978
township to finance all costs pertaining to the construction or 979
undertaking of public infrastructure improvements and housing 980
renovations made pursuant to this section. The notes shall be 981
signed by the board and attested by the signature of the township 982
fiscal officer, shall bear interest not to exceed the rate 983
provided in section 9.95 of the Revised Code, and are not subject 984
to Chapter 133. of the Revised Code. The resolution authorizing 985
the issuance of the notes shall pledge the funds of the township 986
public improvement tax increment equivalent fund established 987
pursuant to section 5709.75 of the Revised Code to pay the 988
interest on and principal of the notes. The notes, which may 989
contain a clause permitting prepayment at the option of the board, 990
shall be offered for sale on the open market or given to the 991
vendor or contractor if no sale is made.992

       (I) The township, not later than fifteen days after the 993
adoption of a resolution under this section, shall submit to the 994
director of development a copy of the resolution. On or before the 995
thirty-first day of March of each year, the township shall submit 996
a status report to the director of development. The report shall 997
indicate, in the manner prescribed by the director, the progress 998
of the project during each year that the exemption remains in 999
effect, including a summary of the receipts from service payments 1000
in lieu of taxes; expenditures of money from the fund created 1001
under section 5709.75 of the Revised Code; a description of the 1002
public infrastructure improvements and housing renovations 1003
financed with the expenditures; and a quantitative summary of 1004
changes in private investment resulting from each project.1005

       (J) Nothing in this section shall be construed to prohibit a 1006
board of township trustees from declaring to be a public purpose 1007
improvements with respect to more than one parcel.1008

       (K) A board of township trustees that adopted a resolution 1009
under this section prior to July 21, 1994, may amend that 1010
resolution to include any additional public infrastructure 1011
improvement. A board of township trustees that seeks by the 1012
amendment to utilize money from its township public improvement 1013
tax increment equivalent fund for land acquisition in aid of 1014
industry, commerce, distribution, or research, demolition on 1015
private property, or stormwater and flood remediation projects may 1016
do so provided that the board currently is a party to a 1017
hold-harmless agreement with the board of education of the city, 1018
local, or exempted village school district within the territory of 1019
which are located the parcels that are subject to an exemption. 1020
For the purposes of this division, a "hold-harmless agreement" 1021
means an agreement under which the board of township trustees 1022
agrees to compensate the school district for one hundred per cent 1023
of the tax revenue that the school district would have received 1024
from further improvements to parcels designated in the resolution 1025
were it not for the exemption granted by the resolution.1026

       Sec. 5709.77.  As used in sections 5709.77 to 5709.81 of the 1027
Revised Code:1028

       (A) "Business day" means a day of the week excluding 1029
Saturday, Sunday, and a legal holiday as defined in section 1.14 1030
of the Revised Code.1031

       (B) "Fund" means to provide for the payment of the debt 1032
service on and the expenses relating to an outstanding obligation 1033
of the county.1034

       (C) "Housing renovation" means a project carried out for 1035
residential purposes.1036

       (D) "Improvement" means the increase in the assessed value of 1037
real property that would first appear on the tax list and 1038
duplicate of real and public utility property after the effective 1039
date of a resolution adopted under section 5709.78 of the Revised 1040
Code were it not for the exemption granted by that resolution. For 1041
purposes of division (A) of section 5709.78 of the Revised Code, 1042
"improvement" does not include any property used or to be used for 1043
residential purposes. For this purpose, "property that is used or 1044
to be used for residential purposes" means property that, as 1045
improved, is used or to be used for purposes that would cause the 1046
tax commissioner to classify the property as residential property 1047
in accordance with rules adopted by the commissioner under section 1048
5713.041 of the Revised Code.1049

       (E) "Incentive district" has the same meaning as in section 1050
5709.40 of the Revised Code, except that a blighted area is in the 1051
unincorporated territory of a county.1052

       (F) "Refund" means to fund and retire an outstanding 1053
obligation of the county.1054

       (G) "Project" and "public infrastructure improvement" have 1055
the same meanings as in section 5709.40 of the Revised Code.1056

       Sec. 5713.041.  Each separate parcel of real property shall 1057
be classified by the county auditor according to its principal, 1058
current use. Vacant lots and tracts of land upon which there are 1059
no structures or improvements shall be classified in accordance 1060
with their location and their highest and best probable legal use. 1061
In the case of lands containing or producing minerals, the 1062
minerals or any rights to the minerals that are listed and taxed 1063
separately from such lands shall be separately classified if the 1064
lands are also used for agricultural purposes, whether or not the 1065
fee of the soil and the right to the minerals are owned by and 1066
assessed for taxation against the same person. For purposes of 1067
this section, lands and improvements thereon used for residential 1068
or agricultural purposes shall be classified as 1069
residential/agricultural real property, and all other lands and 1070
improvements thereon and minerals or rights to minerals shall be 1071
classified as nonresidential/agricultural real property. Each year 1072
the auditor shall reclassify each parcel of real property whose 1073
principal, current use has changed from the preceding year to a 1074
use appropriate to classification in the other class. TheExcept 1075
as otherwise provided in division (B) of section 5709.40, division 1076
(B) of section 5709.41, division (A)(2) of section 5709.73, or 1077
division (D) of section 5709.77 of the Revised Code, the1078
classification required by this section is solely for the purpose 1079
of making the reductions in taxes required by section 319.301 of 1080
the Revised Code, and this section shall not apply for purposes of 1081
classifying real property for any other purpose authorized or 1082
required by law or by rule of the tax commissioner.1083

       The commissioner shall adopt rules governing the 1084
classification of property under this section, and no property 1085
shall be so classified except in accordance with such rules.1086

       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 written3278
notice of the public meeting to each elector residing in the3279
territory ofby 5
publication once per week for two consecutive weeks in a newspaper 6
of general circulation in each of the counties that will 7
comprise the proposed district in whole or in part or as 8
provided in section 7.16 of the Revised Code. Failure to notify an elector3280
does not invalidate any proceeding before a court under this3281
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 once per week for 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, 307.932, 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, 1901.01, 1901.02, 1697
1901.03, 1901.07, 1901.08, 1901.31, 1907.11, 2907.27, 2929.26, 3316.04, 3316.06, 3709.08, 3343
3709.28, 3709.36, 3729.05, 4123.41, 5301.68, 5301.69, 5705.392, 3344
5705.41, 5709.40, 5709.41, 1087
5709.73, 5709.77, and 5713.041, 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 4 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 4 of this act shall go into immediate effect.

       Section 6.  The purpose of the amendments by this act of 1090
sections 5709.40, 5709.41, 5709.73, 5709.77, and 5713.041 of the 1091
Revised Code is to clarify the intent of the General Assembly that 1092
the "used for residential purposes" exclusion set forth in 1093
sections 5709.40, 5709.41, 5709.73, and 5709.77 of the Revised 1094
Code, as they existed before the effective date of the amendments, 1095
including predecessor versions of those sections, has been and 1096
continues to be based on the classification of property for the 1097
real property tax purposes set forth in section 5713.041 of the 1098
Revised Code. Therefore, the amendments apply with respect to 1099
ordinances and resolutions adopted under sections 5709.40, 1100
5079.41, 5709.73, and 5709.77 of the Revised Code both before and 1101
after the effective date of the amendments.1102

       Section 7. Sections 1901.01, 1901.03, 1901.08, and 1907.11 1702
are presented in this act as composites of the sections as amended 1703
by both Am. Sub. H.B. 238 and Sub. H.B. 338 of the 128th General 1704
Assembly. The General Assembly, applying the principle stated in 1705
division (B) of section 1.52 of the Revised Code that amendments 1706
are to be harmonized if reasonably capable of simultaneous 1707
operation, finds that the composites are the resulting versions of 1708
the sections in effect prior to the effective date of the sections 1709
as presented in this act.1710



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