As Reported by the House Local Government and Townships Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 515 5
1997-1998 6
REPRESENTATIVES HOUSEHOLDER-GARCIA-JONES-LUCAS-MOTTLEY-SCHULER- 8
TERWILLEGER-TIBERI-VESPER-O'BRIEN-JOLIVETTE-OPFER 9
11
A B I L L
To amend section 301.27 and to enact section 301.28 13
of the Revised Code to allow the use of county 14
credit cards to pay for work-related 15
transportation and Internet service provider 16
expenses and to authorize a board of county 17
commissioners to pass a resolution specifying 18
financial transaction devices that may be 19
accepted for the payment of expenses to county 20
offices. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 301.27 be amended and section 25
301.28 of the Revised Code be enacted to read as follows: 26
Sec. 301.27. (A) As used in this section: 35
(1) "Credit card" includes a gasoline credit card and a 37
telephone credit card. 38
(2) "Officer" includes an individual who also is an 40
appointing authority. 41
(3) "Gasoline and oil expenses," "minor motor vehicle 43
maintenance expenses," and "emergency motor vehicle repair 44
expenses" refer to only those expenses incurred for motor 45
vehicles owned or leased by the county. 46
(B) A credit card held by a board of county commissioners 48
or the office of any other county appointing authority shall be 49
used only to pay work-related food, TRANSPORTATION, gasoline and 50
oil, minor motor vehicle maintenance, emergency motor vehicle 52
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repair, telephone, and lodging, AND INTERNET SERVICE PROVIDER 53
expenses.
(C) A county appointing authority may apply to the board 55
of county commissioners for authorization to have an officer or 56
employee of the appointing authority use a credit card held by 57
that appointing authority. The authorization request shall state 58
whether the card is to be issued only in the name of the office 59
of the appointing authority itself or whether the issued card 60
shall also include the name of a specified officer or employee. 61
(D) The debt incurred as a result of the use of a credit 63
card pursuant to this section shall be paid from moneys 64
appropriated to the appointing authority for work-related food, 65
TRANSPORTATION, gasoline and oil, minor motor vehicle 67
maintenance, emergency motor vehicle repair, telephone, and 68
lodging, AND INTERNET SERVICE PROVIDER expenses. 69
(E)(1) Except as otherwise provided in division (E)(2) of 71
this section, every officer or employee authorized to use a 72
credit card held by the board or appointing authority shall 73
submit to the board by the first day of each month an estimate of 74
the officer's or employee's work-related food, TRANSPORTATION, 75
gasoline and oil, minor motor vehicle maintenance, emergency 78
motor vehicle repair, telephone, and lodging, AND INTERNET 79
SERVICE PROVIDER expenses for that month, unless the board 80
authorizes, by resolution, the officer or employee to submit to 81
the board such an estimate for a period longer than one month. 82
The board may revise the estimate and determine the amount it 83
approves, if any, not to exceed the estimated amount. The board 84
shall certify the amount of its determination to the county 85
auditor along with the necessary information for the auditor to 86
determine the appropriate appropriation line item from which such 87
expenditures are to be made. After receiving certification from 88
the county auditor that the determined sum of money is in the 89
treasury or in the process of collection to the credit of the 90
appropriate appropriation line item for which the credit card is 91
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approved for use, and is free from previous and then-outstanding 92
obligations or certifications, the board shall authorize the 93
officer or employee to incur debt for such expenses against the 94
county's credit up to the authorized amount. 95
(2) In lieu of following the procedure set forth in 97
division (E)(1) of this section, a board of county commissioners 98
may adopt a resolution authorizing an officer or employee of an 99
appointing authority to use a county credit card to pay for 100
specific classes of the work-related expenses listed in division 101
(B) of this section, or use a specific credit card for any of 102
those work-related expenses listed in division (B) of this 103
section, without submitting an estimate of those expenses to the 104
board as required by division (E)(1) of this section. Prior to 105
adopting the resolution, the board shall notify the county 106
auditor. The resolution shall specify whether the officer's or 107
employee's exemption extends to the use of a specific card, which 108
card shall be identified by its number, or to one or more 109
specific work-related uses from the classes of uses permitted 110
under division (B) of this section. Before any credit card 111
exempted for specific uses may be used to make purchases for uses 113
other than those specific uses listed in the resolution, the
procedures outlined in division (E)(1) of this section must be 114
followed or the use shall be considered an unauthorized use. Use 115
of any credit card under division (E)(2) of this section shall be 116
limited to the amount appropriated and encumbered in a specific 117
appropriation line item for the permitted use or uses designated 118
in the authorizing resolution, or, in the case of a resolution 119
that authorizes use of a specific credit card, for each of the 120
permitted uses listed in division (B) of this section, but only 121
to the extent the moneys in such appropriations are not otherwise 122
encumbered. 123
(F)(1) Any time a county credit card approved for use for 125
an authorized amount under division (E)(1) of this section is 126
used for more than that authorized amount, the appointing 127
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authority may request the board of county commissioners to 128
authorize after the fact the expenditure of any amount charged 129
beyond the originally authorized amount if, upon the board's 130
request, the county auditor certifies that sum of money is in the 131
treasury or in the process of collection to the credit of the 132
appropriate appropriation line item for which the credit card was 133
used and is free from previous and then-outstanding obligations 134
or certifications. If the card is used for more than the amount 135
originally authorized and if for any reason that amount is not 136
authorized after the fact, then the county treasury shall be 137
reimbursed for any amount spent beyond the originally authorized 138
amount in the following manner: 139
(a) If the card is issued in the name of a specific 141
officer or employee, then that officer or employee is liable in 142
person and upon any official bond the officer or employee has 143
given to the county to reimburse the county treasury for the 145
amount charged to the county beyond the originally authorized 146
amount.
(b) If the card was issued to the office of the appointing 148
authority, then the appointing authority is liable in person and 149
upon any official bond the appointing authority has given to the 151
county for the amount charged to the county beyond the originally 152
authorized amount.
(2) Any time a county credit card authorized for use under 154
division (E)(2) of this section is used for more than the amount 155
appropriated under that division, the appointing authority may 156
request the board of county commissioners to issue a supplemental 157
appropriation or make a transfer to the proper line item account 158
as permitted in section 5705.40 of the Revised Code, to cover the 159
amount charged beyond the originally appropriated amount. If the 160
card is used for more than the amount originally appropriated and 161
if for any reason that amount is not appropriated or transferred 162
as permitted by this section, then the county treasury shall be 163
reimbursed for any amount spent beyond the originally 164
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appropriated amount in the following manner: 165
(a) If the card is issued in the name of a specific 167
officer or employee, then that officer or employee is liable in 168
person and upon any official bond the officer or employee has 169
given to the county for reimbursing the county treasury for any 171
amount charged on the card beyond the originally appropriated 172
amount.
(b) If the card is issued in the name of the office of the 174
appointing authority, then the appointing authority is liable in 175
person and upon any official bond the appointing authority has 177
given to the county for reimbursement for any amount charged on 178
the card beyond the originally appropriated amount. 179
(3) Whenever any officer or employee authorized to use a 181
credit card held by the board or the office of any other county 182
appointing authority suspects the loss, theft, or possibility of 183
unauthorized use of the county credit card the officer or 184
employee is authorized to use, the officer or employee shall so 186
notify the officer's or employee's appointing authority or the 187
board immediately and in writing. 188
(4) If the county auditor determines there has been a 190
credit card expenditure beyond the appropriated or authorized 191
amount as provided in division (E) of this section, the auditor 192
immediately shall notify the board of county commissioners of 194
this fact. When the board of county commissioners determines on 195
its own or after notification from the county auditor that the 196
county treasury should be reimbursed for credit card expenditures 197
beyond the appropriated or authorized amount as provided in 198
divisions (F)(1) and (2) of this section, it shall give written 199
notice to the officer or employee or appointing authority liable 201
to the treasury as provided in divisions (F)(1) and (2) of this 202
section. If, within thirty days after issuance of this written 203
notice the county treasury is not reimbursed for the amount shown 204
on the written notice, the prosecuting attorney of the county 205
shall recover that amount from the officer or employee or 206
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appointing authority who is liable under this section by civil 207
action in any court of appropriate jurisdiction. 208
(G) Use of a county credit card for any use other than 210
those permitted under division (B) of this section is a violation 211
of law for the purposes of division (D) of section 2913.21 of the 213
Revised Code.
Sec. 301.28. (A) AS USED IN THIS SECTION: 215
(1) "FINANCIAL TRANSACTION DEVICE" INCLUDES A CREDIT CARD, 218
DEBIT CARD, CHARGE CARD, OR PREPAID OR STORED VALUE CARD.
(2) "COUNTY EXPENSES" INCLUDES FEES, COSTS, TAXES, 220
ASSESSMENTS, FINES, PENALTIES, PAYMENTS, OR ANY OTHER EXPENSE A 221
PERSON OWES TO A COUNTY OFFICE UNDER THE AUTHORITY OF A COUNTY 222
ELECTED OFFICIAL. 223
(3) "COUNTY ELECTED OFFICIAL" INCLUDES THE COUNTY AUDITOR, 226
COUNTY TREASURER, COUNTY ENGINEER, COUNTY RECORDER, COUNTY 227
PROSECUTING ATTORNEY, COUNTY SHERIFF, AND COUNTY CORONER, AND THE
CLERK OF THE COURT OF COMMON PLEAS, THE CLERK OF A 228
COUNTY-OPERATED MUNICIPAL COURT, AND THE CLERK OF A COUNTY COURT. 230
(B) NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED CODE 232
AND EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, A BOARD 233
OF COUNTY COMMISSIONERS MAY ADOPT A RESOLUTION AUTHORIZING THE 234
ACCEPTANCE OF PAYMENTS BY FINANCIAL TRANSACTION DEVICES FOR 235
COUNTY EXPENSES. THE RESOLUTION SHALL INCLUDE THE FOLLOWING: 236
(1) A SPECIFICATION OF THOSE COUNTY ELECTED OFFICIALS WHO 238
ARE AUTHORIZED TO ACCEPT PAYMENTS BY FINANCIAL TRANSACTION 239
DEVICES;
(2) A LIST OF COUNTY EXPENSES THAT MAY BE PAID FOR THROUGH 242
THE USE OF A FINANCIAL TRANSACTION DEVICE;
(3) SPECIFIC IDENTIFICATION OF FINANCIAL TRANSACTION 244
DEVICES THAT THE BOARD AUTHORIZES AS ACCEPTABLE MEANS OF PAYMENT 246
FOR COUNTY EXPENSES. UNIFORM ACCEPTANCE OF FINANCIAL TRANSACTION 247
DEVICES AMONG DIFFERENT TYPES OF COUNTY EXPENSES IS NOT REQUIRED. 248
(4) THE AMOUNT, IF ANY, AUTHORIZED AS A SURCHARGE OR 250
CONVENIENCE FEE UNDER DIVISION (E) OF THIS SECTION FOR PERSONS 251
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USING A FINANCIAL TRANSACTION DEVICE. UNIFORM APPLICATION OF 253
SURCHARGES OR CONVENIENCE FEES AMONG DIFFERENT TYPES OF COUNTY 254
EXPENSES IS NOT REQUIRED.
(5) A SPECIFIC PROVISION AS PROVIDED IN DIVISION (G) OF 256
THIS SECTION REQUIRING THE PAYMENT OF A PENALTY IF A PAYMENT MADE 257
BY MEANS OF A FINANCIAL TRANSACTION DEVICE IS RETURNED OR 258
DISHONORED FOR ANY REASON.
THE BOARD'S RESOLUTION SHALL ALSO DESIGNATE THE COUNTY 260
TREASURER AS AN ADMINISTRATIVE AGENT TO SOLICIT PROPOSALS, WITHIN 261
GUIDELINES ESTABLISHED BY THE BOARD IN THE RESOLUTION AND IN 262
COMPLIANCE WITH THE PROCEDURES PROVIDED IN DIVISION (C) OF THIS 263
SECTION, FROM FINANCIAL INSTITUTIONS, ISSUERS OF FINANCIAL 264
TRANSACTION DEVICES, AND PROCESSORS OF FINANCIAL TRANSACTION 265
DEVICES, MAKE RECOMMENDATIONS ABOUT THOSE PROPOSALS TO THE BOARD, 266
AND TO ASSIST COUNTY OFFICES IN IMPLEMENTING THE COUNTY'S 267
FINANCIAL TRANSACTION DEVICES PROGRAM. THE COUNTY TREASURER MAY 268
DECLINE THIS RESPONSIBILITY WITHIN THIRTY DAYS AFTER RECEIVING A 269
COPY OF THE BOARD'S RESOLUTION BY NOTIFYING THE BOARD IN WRITING 270
WITHIN THAT PERIOD. IF THE TREASURER SO NOTIFIES THE BOARD, THE 271
BOARD SHALL PERFORM THE DUTIES OF THE ADMINISTRATIVE AGENT.
IF THE COUNTY TREASURER IS THE ADMINISTRATIVE AGENT AND 273
FAILS TO ADMINISTER THE COUNTY FINANCIAL TRANSACTION DEVICES 274
PROGRAM IN ACCORDANCE WITH THE GUIDELINES IN THE BOARD'S 275
RESOLUTION, THE BOARD SHALL NOTIFY THE TREASURER IN WRITING OF 276
THE BOARD'S FINDINGS, EXPLAIN THE FAILURES, AND GIVE THE
TREASURER SIX MONTHS TO CORRECT THE FAILURES. IF THE TREASURER 277
FAILS TO MAKE THE APPROPRIATE CORRECTIONS WITHIN THAT SIX-MONTH 278
PERIOD, THE BOARD MAY PASS A RESOLUTION DECLARING THE BOARD TO BE 279
THE ADMINISTRATIVE AGENT. THE BOARD MAY LATER RESCIND THAT 280
RESOLUTION AT ITS DISCRETION.
(C) THE COUNTY SHALL FOLLOW THE PROCEDURES PROVIDED IN 282
THIS DIVISION WHENEVER IT PLANS TO CONTRACT WITH FINANCIAL 283
INSTITUTIONS, ISSUERS OF FINANCIAL TRANSACTION DEVICES, OR 284
PROCESSORS OF FINANCIAL TRANSACTION DEVICES FOR THE PURPOSES OF 285
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THIS SECTION. THE ADMINISTRATIVE AGENT SHALL REQUEST PROPOSALS 286
FROM AT LEAST THREE FINANCIAL INSTITUTIONS, ISSUERS OF FINANCIAL 287
TRANSACTION DEVICES, OR PROCESSORS OF FINANCIAL TRANSACTION 288
DEVICES, AS APPROPRIATE IN ACCORDANCE WITH THE RESOLUTION ADOPTED 290
UNDER DIVISION (B) OF THIS SECTION. PRIOR TO SENDING ANY
FINANCIAL INSTITUTION, ISSUER, OR PROCESSOR A COPY OF ANY SUCH 291
REQUEST, THE COUNTY SHALL ADVERTISE ITS INTENT TO REQUEST 292
PROPOSALS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY 293
ONCE A WEEK FOR TWO CONSECUTIVE WEEKS. THE NOTICE SHALL STATE 294
THAT THE COUNTY INTENDS TO REQUEST PROPOSALS; SPECIFY THE
PURPOSE OF THE REQUEST; INDICATE THE DATE, WHICH SHALL BE AT 295
LEAST TEN DAYS AFTER THE SECOND PUBLICATION, ON WHICH THE REQUEST 296
FOR PROPOSALS WILL BE MAILED TO FINANCIAL INSTITUTIONS, ISSUERS, 298
OR PROCESSORS; AND REQUIRE THAT ANY FINANCIAL INSTITUTION, 299
ISSUER, OR PROCESSOR, WHICHEVER IS APPROPRIATE, INTERESTED IN 300
RECEIVING THE REQUEST FOR PROPOSALS SUBMIT WRITTEN NOTICE OF THIS
INTEREST TO THE COUNTY NOT LATER THAN NOON OF THE DAY ON WHICH 301
THE REQUEST FOR PROPOSALS WILL BE MAILED. 302
UPON RECEIVING THE PROPOSALS, THE ADMINISTRATIVE AGENT 304
SHALL REVIEW THEM AND MAKE A RECOMMENDATION TO THE BOARD OF 305
COUNTY COMMISSIONERS ON WHICH PROPOSALS TO ACCEPT. THE BOARD OF 306
COUNTY COMMISSIONERS SHALL CONSIDER THE AGENT'S RECOMMENDATION 307
AND REVIEW ALL PROPOSALS SUBMITTED, THEN MAY CHOOSE TO CONTRACT
WITH ANY OR ALL OF THE ENTITIES SUBMITTING PROPOSALS, AS 308
APPROPRIATE. THE BOARD SHALL PROVIDE ANY FINANCIAL INSTITUTION, 309
ISSUER, OR PROCESSOR THAT SUBMITTED A PROPOSAL BUT WITH WHICH THE 310
BOARD DOES NOT ENTER INTO A CONTRACT, NOTICE THAT ITS PROPOSAL IS 311
REJECTED. THE NOTICE SHALL STATE THE REASONS FOR THE REJECTION, 312
INDICATE WHOSE PROPOSALS WERE ACCEPTED, AND PROVIDE A COPY OF THE 313
TERMS AND CONDITIONS OF THE SUCCESSFUL BIDS.
(D) A BOARD OF COUNTY COMMISSIONERS ADOPTING A RESOLUTION 315
UNDER THIS SECTION SHALL SEND A COPY OF THE RESOLUTION TO EACH 317
COUNTY ELECTED OFFICIAL IN THE COUNTY WHO IS AUTHORIZED TO ACCEPT 318
PAYMENTS BY FINANCIAL TRANSACTION DEVICES. AFTER RECEIVING THE
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RESOLUTION AND BEFORE ACCEPTING PAYMENTS BY FINANCIAL TRANSACTION 320
DEVICES, A COUNTY ELECTED OFFICIAL SHALL PROVIDE WRITTEN
NOTIFICATION TO THE BOARD OF COUNTY COMMISSIONERS OF THE 321
OFFICIAL'S INTENT TO IMPLEMENT THE RESOLUTION WITHIN THE 322
OFFICIAL'S OFFICE. EACH COUNTY OFFICE SUBJECT TO THE BOARD'S 324
RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS SECTION MAY USE
ONLY THE FINANCIAL INSTITUTIONS, ISSUERS OF FINANCIAL TRANSACTION 325
DEVICES, AND PROCESSORS OF FINANCIAL TRANSACTION DEVICES WITH 326
WHICH THE BOARD OF COUNTY COMMISSIONERS CONTRACTS, AND EACH SUCH 327
OFFICE IS SUBJECT TO THE TERMS OF THOSE CONTRACTS. 328
IF A COUNTY OFFICE UNDER THE AUTHORITY OF A COUNTY ELECTED 331
OFFICIAL IS DIRECTLY RESPONSIBLE FOR COLLECTING ONE OR MORE 332
COUNTY EXPENSES AND THE COUNTY ELECTED OFFICIAL DETERMINES NOT TO 334
ACCEPT PAYMENTS BY FINANCIAL TRANSACTION DEVICES FOR ONE OR MORE 335
OF THOSE EXPENSES, THE OFFICE SHALL NOT BE REQUIRED TO ACCEPT 336
PAYMENTS BY FINANCIAL TRANSACTION DEVICES, NOTWITHSTANDING THE 337
ADOPTION OF A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS 338
UNDER THIS SECTION.
ANY OFFICE OF A CLERK OF THE COURT OF COMMON PLEAS THAT 340
ACCEPTS FINANCIAL TRANSACTION DEVICES ON OR BEFORE JULY 1, 1999, 341
AND ANY OTHER COUNTY OFFICE THAT ACCEPTED SUCH DEVICES BEFORE 342
JANUARY 1, 1998, MAY CONTINUE TO ACCEPT SUCH DEVICES WITHOUT 343
BEING SUBJECT TO ANY RESOLUTION PASSED BY THE BOARD OF COUNTY 344
COMMISSIONERS UNDER DIVISION (B) OF THIS SECTION, OR ANY OTHER 345
OVERSIGHT BY THE BOARD OF THE OFFICE'S FINANCIAL TRANSACTION 346
DEVICES PROGRAM. ANY SUCH OFFICE MAY USE SURCHARGES OR
CONVENIENCE FEES IN ANY MANNER THE COUNTY ELECTED OFFICIAL IN 347
CHARGE OF THE OFFICE DETERMINES TO BE APPROPRIATE, AND, IF THE 348
COUNTY TREASURER CONSENTS, MAY APPOINT THE COUNTY TREASURER TO BE 349
THE OFFICE'S ADMINISTRATIVE AGENT FOR PURPOSES OF ACCEPTING 350
FINANCIAL TRANSACTION DEVICES. IN ORDER NOT TO BE SUBJECT TO THE 351
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ADOPTED UNDER
DIVISION (B) OF THIS SECTION, A COUNTY OFFICE SHALL NOTIFY THE 352
BOARD IN WRITING WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF 353
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THIS SECTION THAT IT ACCEPTED FINANCIAL TRANSFER DEVICES PRIOR TO 354
THE EFFECTIVE DATE OF THIS SECTION, OR, IN THE CASE OF THE OFFICE 355
OF A CLERK OF THE COURT OF COMMON PLEAS, THE CLERK WILL ACCEPT 356
SUCH DEVICES ON OR BEFORE JULY 1, 1999. EACH SUCH NOTIFICATION 357
SHALL EXPLAIN HOW PROCESSING COSTS ASSOCIATED WITH FINANCIAL 358
TRANSFER DEVICES ARE BEING PAID AND SHALL INDICATE WHETHER
SURCHARGE OR CONVENIENCE FEES ARE BEING PASSED ONTO CONSUMERS. 359
(E) A BOARD OF COUNTY COMMISSIONERS MAY ESTABLISH A 362
SURCHARGE OR CONVENIENCE FEE THAT MAY BE IMPOSED UPON A PERSON 363
MAKING PAYMENT BY A FINANCIAL TRANSACTION DEVICE. THE SURCHARGE 364
OR CONVENIENCE FEE SHALL NOT BE IMPOSED UNLESS AUTHORIZED OR 365
OTHERWISE PERMITTED BY THE RULES PRESCRIBED BY AN AGREEMENT 366
GOVERNING THE USE AND ACCEPTANCE OF THE FINANCIAL TRANSACTION 367
DEVICE.
IF A SURCHARGE OR CONVENIENCE FEE IS IMPOSED, EVERY COUNTY 369
OFFICE ACCEPTING PAYMENT BY A FINANCIAL TRANSACTION DEVICE, 370
REGARDLESS OF WHETHER THAT OFFICE IS SUBJECT TO A RESOLUTION 371
ADOPTED BY A BOARD OF COUNTY COMMISSIONERS, SHALL CLEARLY POST A 372
NOTICE IN THAT OFFICE AND SHALL NOTIFY EACH PERSON MAKING A
PAYMENT BY SUCH A DEVICE ABOUT THE SURCHARGE OR FEE. NOTICE TO 373
EACH PERSON MAKING A PAYMENT SHALL BE PROVIDED REGARDLESS OF THE 374
MEDIUM USED TO MAKE THE PAYMENT AND IN A MANNER APPROPRIATE TO 375
THAT MEDIUM. EACH NOTICE SHALL INCLUDE ALL OF THE FOLLOWING: 376
(1) A STATEMENT THAT THERE IS A SURCHARGE OR CONVENIENCE 378
FEE FOR USING A FINANCIAL TRANSACTION DEVICE; 379
(2) THE TOTAL AMOUNT OF THE CHARGE OR FEE EXPRESSED IN 381
DOLLARS AND CENTS FOR EACH TRANSACTION, OR THE RATE OF THE CHARGE 382
OR FEE EXPRESSED AS A PERCENTAGE OF THE TOTAL AMOUNT OF THE 383
TRANSACTION, WHICHEVER IS APPLICABLE; 384
(3) A CLEAR STATEMENT THAT THE SURCHARGE OR CONVENIENCE 386
FEE IS NONREFUNDABLE.
(F) IF A PERSON ELECTS TO MAKE A PAYMENT TO THE COUNTY BY 389
A FINANCIAL TRANSACTION DEVICE AND A SURCHARGE OR CONVENIENCE FEE 390
IS IMPOSED, THE PAYMENT OF THE SURCHARGE OR FEE SHALL BE 391
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CONSIDERED VOLUNTARY AND THE SURCHARGE OR FEE IS NOT REFUNDABLE. 392
(G) IF A PERSON MAKES PAYMENT BY FINANCIAL TRANSACTION 395
DEVICE AND THE PAYMENT IS RETURNED OR DISHONORED FOR ANY REASON, 396
THE PERSON IS LIABLE TO THE COUNTY FOR PAYMENT OF A PENALTY OVER 397
AND ABOVE THE AMOUNT OF THE EXPENSE DUE. THE BOARD OF COUNTY 398
COMMISSIONERS SHALL DETERMINE THE AMOUNT OF THE PENALTY, WHICH 399
MAY BE EITHER A FEE NOT TO EXCEED TWENTY DOLLARS OR PAYMENT OF 400
THE AMOUNT NECESSARY TO REIMBURSE THE COUNTY FOR BANKING CHARGES, 401
LEGAL FEES, OR OTHER EXPENSES INCURRED BY THE COUNTY IN 402
COLLECTING THE RETURNED OR DISHONORED PAYMENT. THE REMEDIES AND 403
PROCEDURES PROVIDED IN THIS SECTION ARE IN ADDITION TO ANY OTHER 404
AVAILABLE CIVIL OR CRIMINAL REMEDIES PROVIDED BY LAW. 405
(H) NO PERSON MAKING ANY PAYMENT BY FINANCIAL TRANSACTION 408
DEVICE TO A COUNTY OFFICE SHALL BE RELIEVED FROM LIABILITY FOR 409
THE UNDERLYING OBLIGATION EXCEPT TO THE EXTENT THAT THE COUNTY 410
REALIZES FINAL PAYMENT OF THE UNDERLYING OBLIGATION IN CASH OR 411
ITS EQUIVALENT. IF FINAL PAYMENT IS NOT MADE BY THE FINANCIAL 412
TRANSACTION DEVICE ISSUER OR OTHER GUARANTOR OF PAYMENT IN THE 413
TRANSACTION, THE UNDERLYING OBLIGATION SHALL SURVIVE AND THE 414
COUNTY SHALL RETAIN ALL REMEDIES FOR ENFORCEMENT THAT WOULD HAVE 415
APPLIED IF THE TRANSACTION HAD NOT OCCURRED. 416
(I) A COUNTY ELECTED OFFICIAL OR EMPLOYEE WHO ACCEPTS A 419
FINANCIAL TRANSACTION DEVICE PAYMENT IN ACCORDANCE WITH THIS 420
SECTION AND ANY APPLICABLE STATE OR LOCAL POLICIES OR RULES IS 421
IMMUNE FROM PERSONAL LIABILITY FOR THE FINAL COLLECTION OF SUCH 422
PAYMENTS.
Section 2. That existing section 301.27 of the Revised 424
Code is hereby repealed. 425