As Passed by the Senate 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 419 5
1997-1998 6
REPRESENTATIVES HOUSEHOLDER-TERWILLEGER-GARCIA-CAREY-OPFER- 8
SULZER-O'BRIEN-OGG-PADGETT-LEWIS-THOMPSON-BRADING-GRENDELL- 9
REID-HODGES-GARDNER-VESPER-SCHULER-MEAD-BUCHY-CATES-HARRIS- 10
METZGER-MOTTLEY-TIBERI-CALLENDER-BRITTON-WILSON- 11
TAVARES-PATTON-JOHNSON-BRADY-ROMAN- 12
SENATORS GARDNER-SCHAFRATH-GAETH 13
15
A B I L L
To amend sections 305.06, 305.09, 315.11, and 17
5735.27 of the Revised Code to permit a board of 18
county commissioners to hold any or all of its
regular sessions at a location in the county 19
other than at its office in the county seat, to 21
allow the board to provide the county engineer 22
with an office at a location outside the county 24
seat, and to permit counties to use their share 26
of certain state fuel taxes to purchase or lease
buildings to house equipment and employees used 27
in the construction and maintenance of county 28
roads.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 305.06, 305.09, 315.11, and 32
5735.27 of the Revised Code be amended to read as follows: 34
Sec. 305.06. (A) The board of county commissioners shall 43
conduct at least fifty regular sessions each year, at the usual 45
AN office of PROVIDED FOR the board at IN the county seat OR AT 47
ANOTHER LOCATION AS PROVIDED IN DIVISION (B) OF THIS SECTION. 48
Each of these sessions shall be conducted at a specific time
fixed in advance. At each meeting the board shall transact such 50
2
business AS IT CONSIDERS NECESSARY OR as required by law. 52
(B) THE BOARD OF COUNTY COMMISSIONERS MAY PROVIDE BY 54
RESOLUTION FOR THE HOLDING OF ANY OR ALL REGULAR SESSIONS OF THE 55
BOARD AT A LOCATION IN THE COUNTY OTHER THAN THE OFFICE PROVIDED 58
FOR THE BOARD IN THE COUNTY SEAT. THE ADOPTION OF THE RESOLUTION 60
AND THE LOCATION WHERE THE SESSION OR SESSIONS WILL BE HELD SHALL 61
BE ENTERED ON THE JOURNAL OF THE BOARD. THE BOARD SHALL GIVE 62
REASONABLE PUBLIC NOTICE OF ITS ACTION TAKEN PURSUANT TO THIS 63
DIVISION, IN ACCORDANCE WITH DIVISION (F) OF SECTION 121.22 OF 64
THE REVISED CODE.
Sec. 305.09. All the proceedings of the board of county 73
commissioners shall be public, at the usual office of PROVIDED 74
FOR the board at IN the county seat, or at another location, as 76
provided in DIVISION (B) OF SECTION 305.06 OR division (B) of 77
section 305.07 of the Revised Code, and, as far as possible, 78
shall be in conformity with the rules of parliamentary law. 79
Sec. 315.11. (A) The county engineer shall keep his THE 88
ENGINEER'S office at IN the county seat, OR AT ANOTHER LOCATION 90
AS PROVIDED IN DIVISION (B) OF THIS SECTION, in such rooms as are 92
provided by the board of county commissioners, and which shall be 94
furnished with all necessary cases and other suitable articles at
the expense of the county. Such office shall also be furnished 95
with all tools, instruments, books, blanks, and stationery 96
necessary for the proper discharge of the official duties of such 97
engineer. The cost and expense of such equipment shall be 98
allowed and paid from the general fund of the county upon the 99
approval of the board. The engineer and each assistant and
deputy of such engineer shall be allowed his reasonable and 100
necessary expenses, incurred in the performance of his official 102
duties.
(B) WITH THE CONSENT OF THE COUNTY ENGINEER, THE BOARD OF 104
COUNTY COMMISSIONERS MAY PROVIDE BY RESOLUTION FOR ESTABLISHMENT 106
OF THE PRIMARY OFFICE OF THE COUNTY ENGINEER AT A LOCATION
OUTSIDE THE COUNTY SEAT. THE ADOPTION OF THE RESOLUTION AND THE 107
3
LOCATION OF THE ENGINEER'S PRIMARY OFFICE SHALL BE ENTERED ON THE 108
JOURNAL OF THE BOARD. THE BOARD SHALL GIVE REASONABLE PUBLIC 109
NOTICE OF ITS ACTION TAKEN PURSUANT TO THIS DIVISION IN 110
ACCORDANCE WITH DIVISION (F) OF SECTION 121.22 OF THE REVISED
CODE.
Sec. 5735.27. (A) There is hereby created in the state 119
treasury the gasoline excise tax fund, which shall be distributed 120
in the following manner: 121
(1) The amount credited pursuant to divisions (B)(2)(a) 123
and (C)(2)(a) of section 5735.23 of the Revised Code shall be 124
distributed among municipal corporations. The amount paid to 125
each municipal corporation shall be that proportion of the amount 126
to be so distributed that the number of motor vehicles registered 127
within such municipal corporation bears to the total number of 128
motor vehicles registered within all the municipal corporations 129
of this state during the preceding motor vehicle registration 130
year. When a new village is incorporated, the registrar of motor 131
vehicles shall determine from the applications on file in the 132
bureau of motor vehicles the number of motor vehicles located 133
within the territory comprising the village during the entire 134
registration year in which such municipal corporation was 135
incorporated. The registrar shall forthwith certify the number 136
of motor vehicles so determined to the tax commissioner for use 137
in distributing motor vehicle fuel tax funds to such village 138
until such village is qualified to participate in the 139
distribution of such funds pursuant to this division. The number 140
of such motor vehicle registrations shall be determined by the 141
official records of the bureau of motor vehicles. The amount 142
received by each municipal corporation shall be used to plan, 143
construct, reconstruct, repave, widen, maintain, repair, clear, 144
and clean public highways, roads, and streets; to maintain and 145
repair bridges and viaducts; to purchase, erect, and maintain 146
street and traffic signs and markers; to pay the costs 147
apportioned to the municipal corporation under section 4907.47 of 148
4
the Revised Code; to purchase, erect, and maintain traffic lights 149
and signals; to pay the principal, interest, and charges on bonds 150
and other obligations issued pursuant to Chapter 133. of the 151
Revised Code for the purpose of acquiring or constructing roads, 152
highways, bridges, or viaducts or acquiring or making other 153
highway improvements for which the municipal corporation may 154
issue bonds; and to supplement revenue already available for such 155
purposes. 156
(2) The amount credited pursuant to division (B) of 158
section 5735.26 of the Revised Code shall be distributed among 159
the municipal corporations within the state, in the proportion 160
which the number of motor vehicles registered within each 161
municipal corporation bears to the total number of motor vehicles 162
registered within all the municipal corporations of the state 163
during the preceding calendar year, as shown by the official 164
records of the bureau of motor vehicles, and shall be expended by 165
each municipal corporation to plan, construct, reconstruct, 166
repave, widen, maintain, repair, clear, and clean public 167
highways, roads and streets; to maintain and repair bridges and 168
viaducts; to purchase, erect, and maintain street and traffic 169
signs and markers; to purchase, erect, and maintain traffic 170
lights and signals; to pay costs apportioned to the municipal 171
corporation under section 4907.47 of the Revised Code; to pay the 172
principal, interest, and charges on bonds and other obligations 173
issued pursuant to Chapter 133. of the Revised Code for the 174
purpose of acquiring or constructing roads, highways, bridges, or 175
viaducts or acquiring or making other highway improvements for 176
which the municipal corporation may issue bonds; and to 177
supplement revenue already available for such purposes. 178
(3) The amount credited pursuant to divisions (B)(2)(b) 180
and (C)(2)(c) of section 5735.23 of the Revised Code shall be 181
paid in equal proportions to the county treasurer of each county 182
within the state and shall be used only for the purposes of 183
planning, maintaining, and repairing the county system of public 184
5
roads and highways within such county; the planning, 185
construction, and repair of walks or paths along county roads in 186
congested areas; the planning, construction, PURCHASE, LEASE, and 188
maintenance of suitable buildings for the housing AND REPAIR of 189
county road machinery, HOUSING OF SUPPLIES, AND HOUSING OF 190
PERSONNEL ASSOCIATED WITH THE MACHINERY AND SUPPLIES; the payment 192
of costs apportioned to the county under section 4907.47 of the 193
Revised Code; the payment of principal, interest, and charges on 194
bonds and other obligations issued pursuant to Chapter 133. of 195
the Revised Code for the purpose of acquiring or constructing 196
roads, highways, bridges, or viaducts or acquiring or making 197
other highway improvements for which the board of county 198
commissioners may issue bonds under that chapter; and the
purchase, installation, and maintenance of traffic signal lights. 199
(4) The amount credited pursuant to division (C) of 201
section 5735.26 of the Revised Code shall be paid in equal 202
proportions to the county treasurer of each county for the 203
purposes of planning, maintaining, constructing, widening, and 204
reconstructing the county system of public roads and highways; 205
paying principal, interest, and charges on bonds and other 206
obligations issued pursuant to Chapter 133. of the Revised Code 207
for the purpose of acquiring or constructing roads, highways, 208
bridges, or viaducts or acquiring or making other highway 209
improvements for which the board of county commissioners may 210
issue bonds under such chapter; and paying costs apportioned to 211
the county under section 4907.47 of the Revised Code. 212
(5) The amount credited pursuant to division (D) of 214
section 5735.26 and division (C)(2)(b) of section 5735.23 of the 215
Revised Code shall be divided in equal proportions among the 216
townships within the state and shall be paid to the county 217
treasurer of each county for the total amount payable to the 218
townships within each of the counties. The county treasurer 219
shall pay to each township within the county its equal 220
proportional share of the funds, which shall be expended by each 221
6
township for the sole purpose of planning, constructing, 222
maintaining, widening, and reconstructing the public roads and 223
highways within such township, and paying costs apportioned to 224
the township under section 4907.47 of the Revised Code. 225
No part of the funds shall be used for any purpose except 227
to pay in whole or part the contract price of any such work done 228
by contract, or to pay the cost of labor in planning, 229
constructing, widening, and reconstructing such roads and 230
highways, and the cost of materials forming a part of the 231
improvement; provided, that such funds may be used for the 232
purchase of road machinery and equipment and for the planning, 233
construction, and maintenance of suitable buildings for housing 234
road machinery and equipment, and that all such improvement of 235
roads shall be under supervision and direction of the county 236
engineer as provided in section 5575.07 of the Revised Code. No 237
obligation against such funds shall be incurred unless plans and 238
specifications for such improvement, approved by the county 239
engineer, are on file in the office of the township clerk, and 240
all contracts for material and for work done by contract shall be 241
approved by the county engineer before being signed by the board 242
of township trustees. The board of township trustees of any 243
township may pass a resolution permitting the board of county 244
commissioners to expend such township's share of the funds, or 245
any portion thereof, for the improvement of such roads within the 246
township as may be designated in the resolution. 247
All investment earnings of the fund shall be credited to 249
the fund. 250
(B) Amounts credited to the highway operating fund 252
pursuant to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 253
and division (A) of section 5735.26 of the Revised Code shall be 254
expended in the following manner: 255
(1) The amount credited pursuant to divisions (B)(2)(c) 257
and (C)(2)(d) of section 5735.23 of the Revised Code shall be 258
apportioned to and expended by the department of transportation 259
7
for the purposes of planning, maintaining, repairing, and keeping 260
in passable condition for travel the roads and highways of the 261
state required by law to be maintained by the department; paying 262
the costs apportioned to the state under section 4907.47 of the 263
Revised Code; paying that portion of the construction cost of a 264
highway project which a county, township, or municipal 265
corporation normally would be required to pay, but which the 266
director of transportation, pursuant to division (B) of section 267
5531.08 of the Revised Code, determines instead will be paid from 268
moneys in the highway operating fund; and paying the costs of the 269
department of public safety in administering and enforcing the 270
state law relating to the registration and operation of motor 271
vehicles. 272
(2) The amount credited pursuant to division (A) of 274
section 5735.26 of the Revised Code shall be used for paying the 275
state's share of the cost of planning, constructing, widening, 276
maintaining, and reconstructing the state highways; paying that 277
portion of the construction cost of a highway project which a 278
county, township, or municipal corporation normally would be 279
required to pay, but which the director of transportation, 280
pursuant to division (B) of section 5531.08 of the Revised Code, 281
determines instead will be paid from moneys in the highway 282
operating fund; and also for supplying the state's share of the 283
cost of eliminating railway grade crossings upon such highways 284
and costs apportioned to the state under section 4907.47 of the 285
Revised Code. The director of transportation may expend portions 286
of such amount upon extensions of state highways within municipal 287
corporations or upon portions of state highways within municipal 288
corporations, as is provided by law. 289
Section 2. That existing sections 305.06, 305.09, 315.11, 291
and 5735.27 of the Revised Code are hereby repealed. 293