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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 |
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 | 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 | 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 | 251 |
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 | 362 |
subsequent notification from the commission to the office of | 363 |
budget and management that a feasible plan
| 364 |
and approved or substantial compliance with the plan
| 365 |
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 the | 372 |
court | 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 | 407 |
money in the fund for the | 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
| 420 |
per cent of the money in the fund for the purposes of appointing | 421 |
assistant state public defenders | 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 | 508 |
and after
| 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 | 533 |
534 | |
best available figures | 535 |
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 | 582 |
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
| 596 |
birthday. | 597 |
Notwithstanding this section, a municipal council may enact | 598 |
an ordinance providing that a person between the age of eighteen | 599 |
and | 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. | 749 |
750 | |
751 | |
752 | |
753 | |
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 | 999 |
expressing its intent to sell | 1000 |
The resolution shall include a description of how the internet | 1001 |
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 | 1005 |
internet auctions or the board will contract with a representative | 1006 |
to conduct 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 | 1020 |
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 | 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 | 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 | 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 | 1105 |
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 | 1115 |
thousand dollars, but the estimated cost is | 1116 |
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 | 1248 |
(A) The lessor shall submit a written bid to the county or | 1249 |
contracting authority | 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 | 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 | 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 |
1320 | |
authorized by sections 307.86 to 307.92 of the Revised Code, it | 1321 |
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 | 1331 |
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 | 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 | 1341 |
purchase
| 1342 |
option or agreement to purchase any property, or any construction | 1343 |
contract for any work, | 1344 |
cost of which shall not exceed | 1345 |
1346 | |
1347 | |
1348 | |
1349 | |
1350 | |
1351 | |
lease with option or agreement to purchase, or construction | 1352 |
contract in excess of fifty thousand dollars | 1353 |
shall | 1354 |
1355 | |
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 | 1358 |
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 | 1390 |
considered part of the contract. | 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) | 1394 |
1395 | |
1396 | |
1397 | |
1398 | |
1399 | |
1400 | |
1401 | |
1402 | |
1403 | |
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. | 1528 |
1529 | |
1530 | |
1531 | |
1532 | |
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. | 1623 |
1624 | |
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. | 1651 |
1652 | |
1653 | |
1654 | |
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 | 1846 |
other than the compensation of persons employed by the village, | 1847 |
exceeds
| 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 | 1881 |
an expenditure within the department, other than the compensation | 1882 |
of persons employed in the department, exceeds | 1883 |
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 | 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 | 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 | 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
| 1936 |
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 | 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 | 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 | 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 | 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, | 553 |
includes the | 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, | 1377 |
Putnam county, and Sandusky county municipal courts, the clerks of | 1378 |
courts of Auglaize county, Brown county, Holmes county, | 1379 |
county, and Sandusky county shall be the clerks, respectively, of | 1380 |
the Auglaize county, Brown county, Holmes county, | 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, | 1388 |
the clerks of the Auglaize county, Brown county, Holmes county, | 1389 |
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 |
| 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 | 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 | 2301 |
2302 | |
another city | 2303 |
2304 | |
2305 | |
2306 | |
2307 | |
2308 | |
2309 | |
2310 |
(B) Each contract entered under division (A) of this section | 2311 |
shall do all of the following: | 2312 |
| 2313 |
expenses to be paid by the | 2314 |
having the duties of a board of health for such | 2315 |
and how it is to be paid; | 2316 |
| 2317 |
public health | 2318 |
2319 |
| 2320 |
provision of services is to begin; | 2321 |
| 2322 |
be in effect. | 2323 |
| 2324 |
section, no contract entered into under division (A) of this | 2325 |
section shall be in effect until | 2326 |
following are the case: | 2327 |
(1) The director of health determines that the | 2328 |
2329 | |
having the duties of a board of health | 2330 |
2331 | |
to provide | 2332 |
2333 | |
determination is made, the board of health or | 2334 |
2335 | |
health | 2336 |
within the
| 2337 |
services, all the powers and shall perform all the duties required | 2338 |
of the board of health | 2339 |
duties of a board of health | 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. | 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 | 2365 |
2366 | |
2367 | |
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
| 2377 |
district for the ensuing fiscal year | 2378 |
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 Code | 2385 |
during the | 2386 |
county auditor and by the county auditor submitted to the county | 2387 |
budget commission, which may reduce | 2388 |
appropriation | 2389 |
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
| 2394 |
2395 | |
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 | 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 | 2406 |
2407 | |
"district health fund." | 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 county | 2415 |
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 the | 2578 |
2579 | |
transferring to the fund from any other fund of the county, | 2580 |
district, district activity, or institution, the proportionate | 2581 |
amount of the | 2582 |
the fund, whether the fund is derived from taxation or otherwise. | 2583 |
The proportionate amount of the | 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. | 2587 |
(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 |
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 |
|
(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 |
| 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 |
| 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, | 2686 |
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 | 2741 |
if the | 2742 |
division for which the plan was adopted is | 2743 |
2744 | |
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) | 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. | 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, the | 1078 |
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 | 3150 |
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 | 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 | 3278 |
notice of the public meeting | 3279 |
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. | 3280 |
3281 | |
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 | 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 | 3302 |
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 | 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 |