As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 515 5
1997-1998 6
REPRESENTATIVES HOUSEHOLDER-GARCIA-JONES-LUCAS-MOTTLEY-SCHULER- 7
TERWILLEGER-TIBERI-VESPER 8
9
A B I L L
To amend section 301.27 and to enact section 301.28 11
of the Revised Code to allow the use of county 12
credit cards to pay for work-related 13
transportation and Internet service provider
expenses and to authorize a board of county 14
commissioners to pass a resolution specifying 15
financial transfer devices that may be accepted 16
for the payment of expenses to county offices.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That section 301.27 be amended and section 20
301.28 of the Revised Code be enacted to read as follows: 21
Sec. 301.27. (A) As used in this section: 30
(1) "Credit card" includes a gasoline credit card and a 32
telephone credit card. 33
(2) "Officer" includes an individual who also is an 35
appointing authority. 36
(3) "Gasoline and oil expenses," "minor motor vehicle 38
maintenance expenses," and "emergency motor vehicle repair 39
expenses" refer to only those expenses incurred for motor 40
vehicles owned or leased by the county. 41
(B) A credit card held by a board of county commissioners 43
or the office of any other county appointing authority shall be 44
used only to pay work-related food, TRANSPORTATION, gasoline and 45
oil, minor motor vehicle maintenance, emergency motor vehicle 47
repair, telephone, and lodging, AND INTERNET SERVICE PROVIDER 48
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expenses.
(C) A county appointing authority may apply to the board 50
of county commissioners for authorization to have an officer or 51
employee of the appointing authority use a credit card held by 52
that appointing authority. The authorization request shall state 53
whether the card is to be issued only in the name of the office 54
of the appointing authority itself or whether the issued card 55
shall also include the name of a specified officer or employee. 56
(D) The debt incurred as a result of the use of a credit 58
card pursuant to this section shall be paid from moneys 59
appropriated to the appointing authority for work-related food, 60
TRANSPORTATION, gasoline and oil, minor motor vehicle 62
maintenance, emergency motor vehicle repair, telephone, and 63
lodging, AND INTERNET SERVICE PROVIDER expenses. 64
(E)(1) Except as otherwise provided in division (E)(2) of 66
this section, every officer or employee authorized to use a 67
credit card held by the board or appointing authority shall 68
submit to the board by the first day of each month an estimate of 69
the officer's or employee's work-related food, TRANSPORTATION, 70
gasoline and oil, minor motor vehicle maintenance, emergency 73
motor vehicle repair, telephone, and lodging, AND INTERNET 74
SERVICE PROVIDER expenses for that month, unless the board 75
authorizes, by resolution, the officer or employee to submit to 76
the board such an estimate for a period longer than one month. 77
The board may revise the estimate and determine the amount it 78
approves, if any, not to exceed the estimated amount. The board 79
shall certify the amount of its determination to the county 80
auditor along with the necessary information for the auditor to 81
determine the appropriate appropriation line item from which such 82
expenditures are to be made. After receiving certification from 83
the county auditor that the determined sum of money is in the 84
treasury or in the process of collection to the credit of the 85
appropriate appropriation line item for which the credit card is 86
approved for use, and is free from previous and then-outstanding 87
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obligations or certifications, the board shall authorize the 88
officer or employee to incur debt for such expenses against the 89
county's credit up to the authorized amount. 90
(2) In lieu of following the procedure set forth in 92
division (E)(1) of this section, a board of county commissioners 93
may adopt a resolution authorizing an officer or employee of an 94
appointing authority to use a county credit card to pay for 95
specific classes of the work-related expenses listed in division 96
(B) of this section, or use a specific credit card for any of 97
those work-related expenses listed in division (B) of this 98
section, without submitting an estimate of those expenses to the 99
board as required by division (E)(1) of this section. Prior to 100
adopting the resolution, the board shall notify the county 101
auditor. The resolution shall specify whether the officer's or 102
employee's exemption extends to the use of a specific card, which 103
card shall be identified by its number, or to one or more 104
specific work-related uses from the classes of uses permitted 105
under division (B) of this section. Before any credit card 106
exempted for specific uses may be used to make purchases for uses 108
other than those specific uses listed in the resolution, the
procedures outlined in division (E)(1) of this section must be 109
followed or the use shall be considered an unauthorized use. Use 110
of any credit card under division (E)(2) of this section shall be 111
limited to the amount appropriated and encumbered in a specific 112
appropriation line item for the permitted use or uses designated 113
in the authorizing resolution, or, in the case of a resolution 114
that authorizes use of a specific credit card, for each of the 115
permitted uses listed in division (B) of this section, but only 116
to the extent the moneys in such appropriations are not otherwise 117
encumbered. 118
(F)(1) Any time a county credit card approved for use for 120
an authorized amount under division (E)(1) of this section is 121
used for more than that authorized amount, the appointing 122
authority may request the board of county commissioners to 123
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authorize after the fact the expenditure of any amount charged 124
beyond the originally authorized amount if, upon the board's 125
request, the county auditor certifies that sum of money is in the 126
treasury or in the process of collection to the credit of the 127
appropriate appropriation line item for which the credit card was 128
used and is free from previous and then-outstanding obligations 129
or certifications. If the card is used for more than the amount 130
originally authorized and if for any reason that amount is not 131
authorized after the fact, then the county treasury shall be 132
reimbursed for any amount spent beyond the originally authorized 133
amount in the following manner: 134
(a) If the card is issued in the name of a specific 136
officer or employee, then that officer or employee is liable in 137
person and upon any official bond the officer or employee has 138
given to the county to reimburse the county treasury for the 140
amount charged to the county beyond the originally authorized 141
amount.
(b) If the card was issued to the office of the appointing 143
authority, then the appointing authority is liable in person and 144
upon any official bond the appointing authority has given to the 146
county for the amount charged to the county beyond the originally 147
authorized amount.
(2) Any time a county credit card authorized for use under 149
division (E)(2) of this section is used for more than the amount 150
appropriated under that division, the appointing authority may 151
request the board of county commissioners to issue a supplemental 152
appropriation or make a transfer to the proper line item account 153
as permitted in section 5705.40 of the Revised Code, to cover the 154
amount charged beyond the originally appropriated amount. If the 155
card is used for more than the amount originally appropriated and 156
if for any reason that amount is not appropriated or transferred 157
as permitted by this section, then the county treasury shall be 158
reimbursed for any amount spent beyond the originally 159
appropriated amount in the following manner: 160
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(a) If the card is issued in the name of a specific 162
officer or employee, then that officer or employee is liable in 163
person and upon any official bond the officer or employee has 164
given to the county for reimbursing the county treasury for any 166
amount charged on the card beyond the originally appropriated 167
amount.
(b) If the card is issued in the name of the office of the 169
appointing authority, then the appointing authority is liable in 170
person and upon any official bond the appointing authority has 172
given to the county for reimbursement for any amount charged on 173
the card beyond the originally appropriated amount. 174
(3) Whenever any officer or employee authorized to use a 176
credit card held by the board or the office of any other county 177
appointing authority suspects the loss, theft, or possibility of 178
unauthorized use of the county credit card the officer or 179
employee is authorized to use, the officer or employee shall so 181
notify the officer's or employee's appointing authority or the 182
board immediately and in writing. 183
(4) If the county auditor determines there has been a 185
credit card expenditure beyond the appropriated or authorized 186
amount as provided in division (E) of this section, the auditor 187
immediately shall notify the board of county commissioners of 189
this fact. When the board of county commissioners determines on 190
its own or after notification from the county auditor that the 191
county treasury should be reimbursed for credit card expenditures 192
beyond the appropriated or authorized amount as provided in 193
divisions (F)(1) and (2) of this section, it shall give written 194
notice to the officer or employee or appointing authority liable 196
to the treasury as provided in divisions (F)(1) and (2) of this 197
section. If, within thirty days after issuance of this written 198
notice the county treasury is not reimbursed for the amount shown 199
on the written notice, the prosecuting attorney of the county 200
shall recover that amount from the officer or employee or 201
appointing authority who is liable under this section by civil 202
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action in any court of appropriate jurisdiction. 203
(G) Use of a county credit card for any use other than 205
those permitted under division (B) of this section is a violation 206
of law for the purposes of division (D) of section 2913.21 of the 208
Revised Code.
Sec. 301.28. (A) AS USED IN THIS SECTION: 210
(1) "FINANCIAL TRANSACTION DEVICE" INCLUDES A CREDIT CARD, 213
DEBIT CARD, ELECTRONIC TRANSFER, OR WIRE TRANSFER.
(2) "COUNTY EXPENSES" INCLUDES FEES, COSTS, TAXES, 215
ASSESSMENTS, FINES, PENALTIES, PAYMENTS, OR ANY OTHER EXPENSE A 216
PERSON OWES TO A COUNTY OFFICE UNDER THE AUTHORITY OF A COUNTY 217
ELECTED OFFICIAL. 218
(3) "COUNTY ELECTED OFFICIAL" INCLUDES THE COUNTY AUDITOR, 221
COUNTY TREASURER, COUNTY ENGINEER, COUNTY RECORDER, COUNTY 222
PROSECUTING ATTORNEY, COUNTY SHERIFF, AND COUNTY CORONER, AND THE
CLERK OF THE COURT OF COMMON PLEAS, THE CLERK OF A 223
COUNTY-OPERATED MUNICIPAL COURT, AND THE CLERK OF A COUNTY COURT. 225
(B) NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED CODE, 227
A BOARD OF COUNTY COMMISSIONERS MAY ADOPT A RESOLUTION 228
AUTHORIZING THE ACCEPTANCE OF PAYMENTS BY FINANCIAL TRANSACTION 229
DEVICES FOR COUNTY EXPENSES. THE RESOLUTION SHALL INCLUDE THE 230
FOLLOWING:
(1) A SPECIFICATION OF THOSE COUNTY ELECTED OFFICIALS WHO 232
ARE AUTHORIZED TO ACCEPT PAYMENTS BY FINANCIAL TRANSACTION 233
DEVICES;
(2) A LIST OF COUNTY EXPENSES THAT MAY BE PAID FOR THROUGH 236
THE USE OF A FINANCIAL TRANSACTION DEVICE;
(3) SPECIFIC IDENTIFICATION OF FINANCIAL TRANSACTION 238
DEVICES THAT THE BOARD AUTHORIZES AS ACCEPTABLE MEANS OF PAYMENT 240
FOR COUNTY EXPENSES. UNIFORM ACCEPTANCE OF FINANCIAL TRANSACTION 241
DEVICES AMONG DIFFERENT TYPES OF COUNTY EXPENSES IS NOT REQUIRED. 242
(4) IDENTIFICATION OF THE FINANCIAL INSTITUTIONS 244
AUTHORIZED TO PROCESS FINANCIAL TRANSACTIONS MADE BY FINANCIAL 245
TRANSACTION DEVICES; 246
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(5) THE AMOUNT, IF ANY, AUTHORIZED AS A SURCHARGE OR 248
CONVENIENCE FEE UNDER DIVISION (D) OF THIS SECTION FOR PERSONS 249
USING A FINANCIAL TRANSACTION DEVICE. UNIFORM APPLICATION OF 251
SURCHARGES OR CONVENIENCE FEES AMONG DIFFERENT TYPES OF COUNTY 252
EXPENSES IS NOT REQUIRED.
(6) A SPECIFIC PROVISION AS PROVIDED IN DIVISION (F) OF 254
THIS SECTION REQUIRING THE PAYMENT OF A PENALTY IF A PAYMENT MADE 255
BY FINANCIAL TRANSACTION DEVICE IS RETURNED OR DISHONORED FOR ANY 256
REASON.
A BOARD OF COUNTY COMMISSIONERS ADOPTING A RESOLUTION UNDER 259
THIS SECTION SHALL SEND A COPY OF THE RESOLUTION TO EACH COUNTY 261
ELECTED OFFICIAL IN THE COUNTY WHO IS AUTHORIZED TO ACCEPT 262
PAYMENTS BY FINANCIAL TRANSACTION DEVICES. AFTER RECEIVING THE
RESOLUTION AND BEFORE ACCEPTING PAYMENTS BY FINANCIAL TRANSACTION 264
DEVICES, A COUNTY ELECTED OFFICIAL SHALL PROVIDE WRITTEN
NOTIFICATION TO THE BOARD OF COUNTY COMMISSIONERS OF THE 265
OFFICIAL'S INTENT TO IMPLEMENT THE RESOLUTION WITHIN THE 266
OFFICIAL'S OFFICE.
(C) IF A COUNTY OFFICE UNDER THE AUTHORITY OF A COUNTY 269
ELECTED OFFICIAL IS DIRECTLY RESPONSIBLE FOR COLLECTING ONE OR 270
MORE COUNTY EXPENSES AND THE COUNTY ELECTED OFFICIAL DETERMINES 272
NOT TO ACCEPT PAYMENTS BY FINANCIAL TRANSACTION DEVICES FOR ONE 273
OR MORE OF THOSE EXPENSES, THE OFFICE SHALL NOT BE REQUIRED TO 274
ACCEPT PAYMENTS BY FINANCIAL TRANSACTION DEVICES, NOTWITHSTANDING 275
THE ADOPTION OF A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS 276
UNDER THIS SECTION.
(D) A BOARD OF COUNTY COMMISSIONERS MAY ESTABLISH A 279
SURCHARGE OR CONVENIENCE FEE THAT MAY BE IMPOSED UPON A PERSON 280
MAKING PAYMENT BY A FINANCIAL TRANSACTION DEVICE. THE AMOUNT OF 281
THE SURCHARGE OR CONVENIENCE FEE, IF ANY, SHALL BE REASONABLY 282
RELATED TO THE COSTS INCURRED BY THE COUNTY IN PROCESSING 283
PAYMENTS MADE BY THE FINANCIAL TRANSACTION DEVICE BUT SHALL NOT 284
EXCEED THE COSTS INCURRED BY THE COUNTY BY MORE THAN TWO PER 285
CENT. THE SURCHARGE OR CONVENIENCE FEE SHALL NOT BE IMPOSED 286
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UNLESS AUTHORIZED BY THE RULES PRESCRIBED BY ANY AGREEMENT 287
GOVERNING THE USE AND ACCEPTANCE OF THE FINANCIAL TRANSACTION 288
DEVICE.
(E) IF A PERSON ELECTS TO MAKE A PAYMENT TO THE COUNTY BY 291
A FINANCIAL TRANSACTION DEVICE AND A SURCHARGE OR CONVENIENCE FEE 292
IS IMPOSED, THE PAYMENT OF THE SURCHARGE OR FEE SHALL BE 293
CONSIDERED VOLUNTARY AND THE SURCHARGE OR FEE IS NOT REFUNDABLE. 294
(F) IF A PERSON MAKES PAYMENT BY FINANCIAL TRANSACTION 297
DEVICE AND THE PAYMENT IS RETURNED OR DISHONORED FOR ANY REASON, 298
THE PERSON IS LIABLE TO THE COUNTY FOR PAYMENT OF A PENALTY OVER 299
AND ABOVE THE AMOUNT OF THE EXPENSE DUE. THE BOARD OF COUNTY 300
COMMISSIONERS SHALL DETERMINE THE AMOUNT OF THE PENALTY, WHICH 301
MAY BE EITHER A FEE NOT TO EXCEED TWENTY DOLLARS OR PAYMENT OF 302
THE AMOUNT NECESSARY TO REIMBURSE THE COUNTY FOR BANKING CHARGES, 304
LEGAL FEES, OR OTHER EXPENSES INCURRED BY THE COUNTY IN 305
COLLECTING THE RETURNED OR DISHONORED PAYMENT. THE REMEDIES AND 307
PROCEDURES PROVIDED IN THIS SECTION ARE IN ADDITION TO ANY OTHER 308
AVAILABLE CIVIL OR CRIMINAL REMEDIES PROVIDED BY LAW. 309
(G) NO PERSON MAKING ANY PAYMENT BY FINANCIAL TRANSACTION 312
DEVICE TO A COUNTY OFFICE SHALL BE RELIEVED FROM LIABILITY FOR 314
THE UNDERLYING OBLIGATION EXCEPT TO THE EXTENT THAT THE COUNTY 315
REALIZES FINAL PAYMENT OF THE UNDERLYING OBLIGATION IN CASH OR 316
ITS EQUIVALENT. IF FINAL PAYMENT IS NOT MADE BY THE FINANCIAL 317
TRANSACTION DEVICE ISSUER OR OTHER GUARANTOR OF PAYMENT IN THE 319
TRANSACTION, THE UNDERLYING OBLIGATION SHALL SURVIVE AND THE 320
COUNTY SHALL RETAIN ALL REMEDIES FOR ENFORCEMENT THAT WOULD HAVE 321
APPLIED IF THE TRANSACTION HAD NOT OCCURRED. 322
(H) A COUNTY ELECTED OFFICIAL OR EMPLOYEE WHO ACCEPTS A 325
FINANCIAL TRANSACTION DEVICE PAYMENT IN ACCORDANCE WITH THIS 326
SECTION AND ANY APPLICABLE STATE OR LOCAL POLICIES OR RULES IS 327
IMMUNE FROM PERSONAL LIABILITY FOR THE FINAL COLLECTION OF SUCH 328
PAYMENTS.
Section 2. That existing section 301.27 of the Revised 330
Code is hereby repealed. 331