As Reported by the Senate State and Local Government 1
and Veterans Affairs Committee 2
122nd General Assembly 5
Regular Session Sub. H. B. No. 419 6
1997-1998 7
REPRESENTATIVES HOUSEHOLDER-TERWILLEGER-GARCIA-CAREY-OPFER- 9
SULZER-O'BRIEN-OGG-PADGETT-LEWIS-THOMPSON-BRADING-GRENDELL- 10
REID-HODGES-GARDNER-VESPER-SCHULER-MEAD-BUCHY-CATES-HARRIS- 11
METZGER-MOTTLEY-TIBERI-CALLENDER-BRITTON-WILSON- 12
TAVARES-PATTON-JOHNSON-BRADY-ROMAN- 13
SENATOR GARDNER 14
16
A B I L L
To amend sections 305.06, 305.09, 315.11, and 18
5735.27 of the Revised Code to permit a board of 19
county commissioners to hold any or all of its
regular sessions at a location in the county 20
other than at its office in the county seat, to 22
allow the board to provide the county engineer 23
with an office at a location outside the county 25
seat, and to permit counties to use their share 27
of certain state fuel taxes to purchase or lease
buildings to house equipment and employees used 28
in the construction and maintenance of county 29
roads.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That sections 305.06, 305.09, 315.11, and 33
5735.27 of the Revised Code be amended to read as follows: 35
Sec. 305.06. (A) The board of county commissioners shall 44
conduct at least fifty regular sessions each year, at the usual 46
AN office of PROVIDED FOR the board at IN the county seat OR AT 48
ANOTHER LOCATION AS PROVIDED IN DIVISION (B) OF THIS SECTION. 49
Each of these sessions shall be conducted at a specific time
2
fixed in advance. At each meeting the board shall transact such 51
business AS IT CONSIDERS NECESSARY OR as required by law. 53
(B) THE BOARD OF COUNTY COMMISSIONERS MAY PROVIDE BY 55
RESOLUTION FOR THE HOLDING OF ANY OR ALL REGULAR SESSIONS OF THE 56
BOARD AT A LOCATION IN THE COUNTY OTHER THAN THE OFFICE PROVIDED 59
FOR THE BOARD IN THE COUNTY SEAT. THE ADOPTION OF THE RESOLUTION 61
AND THE LOCATION WHERE THE SESSION OR SESSIONS WILL BE HELD SHALL 62
BE ENTERED ON THE JOURNAL OF THE BOARD. THE BOARD SHALL GIVE 63
REASONABLE PUBLIC NOTICE OF ITS ACTION TAKEN PURSUANT TO THIS 64
DIVISION, IN ACCORDANCE WITH DIVISION (F) OF SECTION 121.22 OF 65
THE REVISED CODE.
Sec. 305.09. All the proceedings of the board of county 74
commissioners shall be public, at the usual office of PROVIDED 75
FOR the board at IN the county seat, or at another location, as 77
provided in DIVISION (B) OF SECTION 305.06 OR division (B) of 78
section 305.07 of the Revised Code, and, as far as possible, 79
shall be in conformity with the rules of parliamentary law. 80
Sec. 315.11. (A) The county engineer shall keep his THE 89
ENGINEER'S office at IN the county seat, OR AT ANOTHER LOCATION 91
AS PROVIDED IN DIVISION (B) OF THIS SECTION, in such rooms as are 93
provided by the board of county commissioners, and which shall be 95
furnished with all necessary cases and other suitable articles at
the expense of the county. Such office shall also be furnished 96
with all tools, instruments, books, blanks, and stationery 97
necessary for the proper discharge of the official duties of such 98
engineer. The cost and expense of such equipment shall be 99
allowed and paid from the general fund of the county upon the 100
approval of the board. The engineer and each assistant and
deputy of such engineer shall be allowed his reasonable and 101
necessary expenses, incurred in the performance of his official 103
duties.
(B) WITH THE CONSENT OF THE COUNTY ENGINEER, THE BOARD OF 105
COUNTY COMMISSIONERS MAY PROVIDE BY RESOLUTION FOR ESTABLISHMENT 107
OF THE PRIMARY OFFICE OF THE COUNTY ENGINEER AT A LOCATION
3
OUTSIDE THE COUNTY SEAT. THE ADOPTION OF THE RESOLUTION AND THE 108
LOCATION OF THE ENGINEER'S PRIMARY OFFICE SHALL BE ENTERED ON THE 109
JOURNAL OF THE BOARD. THE BOARD SHALL GIVE REASONABLE PUBLIC 110
NOTICE OF ITS ACTION TAKEN PURSUANT TO THIS DIVISION IN 111
ACCORDANCE WITH DIVISION (F) OF SECTION 121.22 OF THE REVISED
CODE.
Sec. 5735.27. (A) There is hereby created in the state 120
treasury the gasoline excise tax fund, which shall be distributed 121
in the following manner: 122
(1) The amount credited pursuant to divisions (B)(2)(a) 124
and (C)(2)(a) of section 5735.23 of the Revised Code shall be 125
distributed among municipal corporations. The amount paid to 126
each municipal corporation shall be that proportion of the amount 127
to be so distributed that the number of motor vehicles registered 128
within such municipal corporation bears to the total number of 129
motor vehicles registered within all the municipal corporations 130
of this state during the preceding motor vehicle registration 131
year. When a new village is incorporated, the registrar of motor 132
vehicles shall determine from the applications on file in the 133
bureau of motor vehicles the number of motor vehicles located 134
within the territory comprising the village during the entire 135
registration year in which such municipal corporation was 136
incorporated. The registrar shall forthwith certify the number 137
of motor vehicles so determined to the tax commissioner for use 138
in distributing motor vehicle fuel tax funds to such village 139
until such village is qualified to participate in the 140
distribution of such funds pursuant to this division. The number 141
of such motor vehicle registrations shall be determined by the 142
official records of the bureau of motor vehicles. The amount 143
received by each municipal corporation shall be used to plan, 144
construct, reconstruct, repave, widen, maintain, repair, clear, 145
and clean public highways, roads, and streets; to maintain and 146
repair bridges and viaducts; to purchase, erect, and maintain 147
street and traffic signs and markers; to pay the costs 148
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apportioned to the municipal corporation under section 4907.47 of 149
the Revised Code; to purchase, erect, and maintain traffic lights 150
and signals; to pay the principal, interest, and charges on bonds 151
and other obligations issued pursuant to Chapter 133. of the 152
Revised Code for the purpose of acquiring or constructing roads, 153
highways, bridges, or viaducts or acquiring or making other 154
highway improvements for which the municipal corporation may 155
issue bonds; and to supplement revenue already available for such 156
purposes. 157
(2) The amount credited pursuant to division (B) of 159
section 5735.26 of the Revised Code shall be distributed among 160
the municipal corporations within the state, in the proportion 161
which the number of motor vehicles registered within each 162
municipal corporation bears to the total number of motor vehicles 163
registered within all the municipal corporations of the state 164
during the preceding calendar year, as shown by the official 165
records of the bureau of motor vehicles, and shall be expended by 166
each municipal corporation to plan, construct, reconstruct, 167
repave, widen, maintain, repair, clear, and clean public 168
highways, roads and streets; to maintain and repair bridges and 169
viaducts; to purchase, erect, and maintain street and traffic 170
signs and markers; to purchase, erect, and maintain traffic 171
lights and signals; to pay costs apportioned to the municipal 172
corporation under section 4907.47 of the Revised Code; to pay the 173
principal, interest, and charges on bonds and other obligations 174
issued pursuant to Chapter 133. of the Revised Code for the 175
purpose of acquiring or constructing roads, highways, bridges, or 176
viaducts or acquiring or making other highway improvements for 177
which the municipal corporation may issue bonds; and to 178
supplement revenue already available for such purposes. 179
(3) The amount credited pursuant to divisions (B)(2)(b) 181
and (C)(2)(c) of section 5735.23 of the Revised Code shall be 182
paid in equal proportions to the county treasurer of each county 183
within the state and shall be used only for the purposes of 184
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planning, maintaining, and repairing the county system of public 185
roads and highways within such county; the planning, 186
construction, and repair of walks or paths along county roads in 187
congested areas; the planning, construction, PURCHASE, LEASE, and 189
maintenance of suitable buildings for the housing AND REPAIR of 190
county road machinery, HOUSING OF SUPPLIES, AND HOUSING OF 191
PERSONNEL ASSOCIATED WITH THE MACHINERY AND SUPPLIES; the payment 193
of costs apportioned to the county under section 4907.47 of the 194
Revised Code; the payment of principal, interest, and charges on 195
bonds and other obligations issued pursuant to Chapter 133. of 196
the Revised Code for the purpose of acquiring or constructing 197
roads, highways, bridges, or viaducts or acquiring or making 198
other highway improvements for which the board of county 199
commissioners may issue bonds under that chapter; and the
purchase, installation, and maintenance of traffic signal lights. 200
(4) The amount credited pursuant to division (C) of 202
section 5735.26 of the Revised Code shall be paid in equal 203
proportions to the county treasurer of each county for the 204
purposes of planning, maintaining, constructing, widening, and 205
reconstructing the county system of public roads and highways; 206
paying principal, interest, and charges on bonds and other 207
obligations issued pursuant to Chapter 133. of the Revised Code 208
for the purpose of acquiring or constructing roads, highways, 209
bridges, or viaducts or acquiring or making other highway 210
improvements for which the board of county commissioners may 211
issue bonds under such chapter; and paying costs apportioned to 212
the county under section 4907.47 of the Revised Code. 213
(5) The amount credited pursuant to division (D) of 215
section 5735.26 and division (C)(2)(b) of section 5735.23 of the 216
Revised Code shall be divided in equal proportions among the 217
townships within the state and shall be paid to the county 218
treasurer of each county for the total amount payable to the 219
townships within each of the counties. The county treasurer 220
shall pay to each township within the county its equal 221
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proportional share of the funds, which shall be expended by each 222
township for the sole purpose of planning, constructing, 223
maintaining, widening, and reconstructing the public roads and 224
highways within such township, and paying costs apportioned to 225
the township under section 4907.47 of the Revised Code. 226
No part of the funds shall be used for any purpose except 228
to pay in whole or part the contract price of any such work done 229
by contract, or to pay the cost of labor in planning, 230
constructing, widening, and reconstructing such roads and 231
highways, and the cost of materials forming a part of the 232
improvement; provided, that such funds may be used for the 233
purchase of road machinery and equipment and for the planning, 234
construction, and maintenance of suitable buildings for housing 235
road machinery and equipment, and that all such improvement of 236
roads shall be under supervision and direction of the county 237
engineer as provided in section 5575.07 of the Revised Code. No 238
obligation against such funds shall be incurred unless plans and 239
specifications for such improvement, approved by the county 240
engineer, are on file in the office of the township clerk, and 241
all contracts for material and for work done by contract shall be 242
approved by the county engineer before being signed by the board 243
of township trustees. The board of township trustees of any 244
township may pass a resolution permitting the board of county 245
commissioners to expend such township's share of the funds, or 246
any portion thereof, for the improvement of such roads within the 247
township as may be designated in the resolution. 248
All investment earnings of the fund shall be credited to 250
the fund. 251
(B) Amounts credited to the highway operating fund 253
pursuant to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 254
and division (A) of section 5735.26 of the Revised Code shall be 255
expended in the following manner: 256
(1) The amount credited pursuant to divisions (B)(2)(c) 258
and (C)(2)(d) of section 5735.23 of the Revised Code shall be 259
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apportioned to and expended by the department of transportation 260
for the purposes of planning, maintaining, repairing, and keeping 261
in passable condition for travel the roads and highways of the 262
state required by law to be maintained by the department; paying 263
the costs apportioned to the state under section 4907.47 of the 264
Revised Code; paying that portion of the construction cost of a 265
highway project which a county, township, or municipal 266
corporation normally would be required to pay, but which the 267
director of transportation, pursuant to division (B) of section 268
5531.08 of the Revised Code, determines instead will be paid from 269
moneys in the highway operating fund; and paying the costs of the 270
department of public safety in administering and enforcing the 271
state law relating to the registration and operation of motor 272
vehicles. 273
(2) The amount credited pursuant to division (A) of 275
section 5735.26 of the Revised Code shall be used for paying the 276
state's share of the cost of planning, constructing, widening, 277
maintaining, and reconstructing the state highways; paying that 278
portion of the construction cost of a highway project which a 279
county, township, or municipal corporation normally would be 280
required to pay, but which the director of transportation, 281
pursuant to division (B) of section 5531.08 of the Revised Code, 282
determines instead will be paid from moneys in the highway 283
operating fund; and also for supplying the state's share of the 284
cost of eliminating railway grade crossings upon such highways 285
and costs apportioned to the state under section 4907.47 of the 286
Revised Code. The director of transportation may expend portions 287
of such amount upon extensions of state highways within municipal 288
corporations or upon portions of state highways within municipal 289
corporations, as is provided by law. 290
Section 2. That existing sections 305.06, 305.09, 315.11, 292
and 5735.27 of the Revised Code are hereby repealed. 294