As Passed by the House 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-CAREY- 9
CORBIN-OLMAN-EVANS-VERICH-SALERNO 10
12
A B I L L
To amend section 301.27 and to enact section 301.28 14
of the Revised Code to allow the use of county 15
credit cards to pay for work-related 16
transportation and Internet service provider 17
expenses and to authorize a board of county 18
commissioners to pass a resolution specifying 19
financial transaction devices that may be 20
accepted for the payment of expenses to county 21
offices. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That section 301.27 be amended and section 26
301.28 of the Revised Code be enacted to read as follows: 27
Sec. 301.27. (A) As used in this section: 36
(1) "Credit card" includes a gasoline credit card and a 38
telephone credit card. 39
(2) "Officer" includes an individual who also is an 41
appointing authority. 42
(3) "Gasoline and oil expenses," "minor motor vehicle 44
maintenance expenses," and "emergency motor vehicle repair 45
expenses" refer to only those expenses incurred for motor 46
vehicles owned or leased by the county. 47
(B) A credit card held by a board of county commissioners 49
or the office of any other county appointing authority shall be 50
used only to pay work-related food, TRANSPORTATION, gasoline and 51
2
oil, minor motor vehicle maintenance, emergency motor vehicle 53
repair, telephone, and lodging, AND INTERNET SERVICE PROVIDER 54
expenses.
(C) A county appointing authority may apply to the board 56
of county commissioners for authorization to have an officer or 57
employee of the appointing authority use a credit card held by 58
that appointing authority. The authorization request shall state 59
whether the card is to be issued only in the name of the office 60
of the appointing authority itself or whether the issued card 61
shall also include the name of a specified officer or employee. 62
(D) The debt incurred as a result of the use of a credit 64
card pursuant to this section shall be paid from moneys 65
appropriated to the appointing authority for work-related food, 66
TRANSPORTATION, gasoline and oil, minor motor vehicle 68
maintenance, emergency motor vehicle repair, telephone, and 69
lodging, AND INTERNET SERVICE PROVIDER expenses. 70
(E)(1) Except as otherwise provided in division (E)(2) of 72
this section, every officer or employee authorized to use a 73
credit card held by the board or appointing authority shall 74
submit to the board by the first day of each month an estimate of 75
the officer's or employee's work-related food, TRANSPORTATION, 76
gasoline and oil, minor motor vehicle maintenance, emergency 79
motor vehicle repair, telephone, and lodging, AND INTERNET 80
SERVICE PROVIDER expenses for that month, unless the board 81
authorizes, by resolution, the officer or employee to submit to 82
the board such an estimate for a period longer than one month. 83
The board may revise the estimate and determine the amount it 84
approves, if any, not to exceed the estimated amount. The board 85
shall certify the amount of its determination to the county 86
auditor along with the necessary information for the auditor to 87
determine the appropriate appropriation line item from which such 88
expenditures are to be made. After receiving certification from 89
the county auditor that the determined sum of money is in the 90
treasury or in the process of collection to the credit of the 91
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appropriate appropriation line item for which the credit card is 92
approved for use, and is free from previous and then-outstanding 93
obligations or certifications, the board shall authorize the 94
officer or employee to incur debt for such expenses against the 95
county's credit up to the authorized amount. 96
(2) In lieu of following the procedure set forth in 98
division (E)(1) of this section, a board of county commissioners 99
may adopt a resolution authorizing an officer or employee of an 100
appointing authority to use a county credit card to pay for 101
specific classes of the work-related expenses listed in division 102
(B) of this section, or use a specific credit card for any of 103
those work-related expenses listed in division (B) of this 104
section, without submitting an estimate of those expenses to the 105
board as required by division (E)(1) of this section. Prior to 106
adopting the resolution, the board shall notify the county 107
auditor. The resolution shall specify whether the officer's or 108
employee's exemption extends to the use of a specific card, which 109
card shall be identified by its number, or to one or more 110
specific work-related uses from the classes of uses permitted 111
under division (B) of this section. Before any credit card 112
exempted for specific uses may be used to make purchases for uses 114
other than those specific uses listed in the resolution, the
procedures outlined in division (E)(1) of this section must be 115
followed or the use shall be considered an unauthorized use. Use 116
of any credit card under division (E)(2) of this section shall be 117
limited to the amount appropriated and encumbered in a specific 118
appropriation line item for the permitted use or uses designated 119
in the authorizing resolution, or, in the case of a resolution 120
that authorizes use of a specific credit card, for each of the 121
permitted uses listed in division (B) of this section, but only 122
to the extent the moneys in such appropriations are not otherwise 123
encumbered. 124
(F)(1) Any time a county credit card approved for use for 126
an authorized amount under division (E)(1) of this section is 127
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used for more than that authorized amount, the appointing 128
authority may request the board of county commissioners to 129
authorize after the fact the expenditure of any amount charged 130
beyond the originally authorized amount if, upon the board's 131
request, the county auditor certifies that sum of money is in the 132
treasury or in the process of collection to the credit of the 133
appropriate appropriation line item for which the credit card was 134
used and is free from previous and then-outstanding obligations 135
or certifications. If the card is used for more than the amount 136
originally authorized and if for any reason that amount is not 137
authorized after the fact, then the county treasury shall be 138
reimbursed for any amount spent beyond the originally authorized 139
amount in the following manner: 140
(a) If the card is issued in the name of a specific 142
officer or employee, then that officer or employee is liable in 143
person and upon any official bond the officer or employee has 144
given to the county to reimburse the county treasury for the 146
amount charged to the county beyond the originally authorized 147
amount.
(b) If the card was issued to the office of the appointing 149
authority, then the appointing authority is liable in person and 150
upon any official bond the appointing authority has given to the 152
county for the amount charged to the county beyond the originally 153
authorized amount.
(2) Any time a county credit card authorized for use under 155
division (E)(2) of this section is used for more than the amount 156
appropriated under that division, the appointing authority may 157
request the board of county commissioners to issue a supplemental 158
appropriation or make a transfer to the proper line item account 159
as permitted in section 5705.40 of the Revised Code, to cover the 160
amount charged beyond the originally appropriated amount. If the 161
card is used for more than the amount originally appropriated and 162
if for any reason that amount is not appropriated or transferred 163
as permitted by this section, then the county treasury shall be 164
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reimbursed for any amount spent beyond the originally 165
appropriated amount in the following manner: 166
(a) If the card is issued in the name of a specific 168
officer or employee, then that officer or employee is liable in 169
person and upon any official bond the officer or employee has 170
given to the county for reimbursing the county treasury for any 172
amount charged on the card beyond the originally appropriated 173
amount.
(b) If the card is issued in the name of the office of the 175
appointing authority, then the appointing authority is liable in 176
person and upon any official bond the appointing authority has 178
given to the county for reimbursement for any amount charged on 179
the card beyond the originally appropriated amount. 180
(3) Whenever any officer or employee authorized to use a 182
credit card held by the board or the office of any other county 183
appointing authority suspects the loss, theft, or possibility of 184
unauthorized use of the county credit card the officer or 185
employee is authorized to use, the officer or employee shall so 187
notify the officer's or employee's appointing authority or the 188
board immediately and in writing. 189
(4) If the county auditor determines there has been a 191
credit card expenditure beyond the appropriated or authorized 192
amount as provided in division (E) of this section, the auditor 193
immediately shall notify the board of county commissioners of 195
this fact. When the board of county commissioners determines on 196
its own or after notification from the county auditor that the 197
county treasury should be reimbursed for credit card expenditures 198
beyond the appropriated or authorized amount as provided in 199
divisions (F)(1) and (2) of this section, it shall give written 200
notice to the officer or employee or appointing authority liable 202
to the treasury as provided in divisions (F)(1) and (2) of this 203
section. If, within thirty days after issuance of this written 204
notice the county treasury is not reimbursed for the amount shown 205
on the written notice, the prosecuting attorney of the county 206
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shall recover that amount from the officer or employee or 207
appointing authority who is liable under this section by civil 208
action in any court of appropriate jurisdiction. 209
(G) Use of a county credit card for any use other than 211
those permitted under division (B) of this section is a violation 212
of law for the purposes of division (D) of section 2913.21 of the 214
Revised Code.
Sec. 301.28. (A) AS USED IN THIS SECTION: 216
(1) "FINANCIAL TRANSACTION DEVICE" INCLUDES A CREDIT CARD, 219
DEBIT CARD, CHARGE CARD, OR PREPAID OR STORED VALUE CARD.
(2) "COUNTY EXPENSES" INCLUDES FEES, COSTS, TAXES, 221
ASSESSMENTS, FINES, PENALTIES, PAYMENTS, OR ANY OTHER EXPENSE A 222
PERSON OWES TO A COUNTY OFFICE UNDER THE AUTHORITY OF A COUNTY 223
ELECTED OFFICIAL. 224
(3) "COUNTY ELECTED OFFICIAL" INCLUDES THE COUNTY AUDITOR, 227
COUNTY TREASURER, COUNTY ENGINEER, COUNTY RECORDER, COUNTY 228
PROSECUTING ATTORNEY, COUNTY SHERIFF, AND COUNTY CORONER, AND THE
CLERK OF THE COURT OF COMMON PLEAS, THE CLERK OF A 229
COUNTY-OPERATED MUNICIPAL COURT, AND THE CLERK OF A COUNTY COURT. 231
(B) NOTWITHSTANDING ANY OTHER SECTION OF THE REVISED CODE 233
AND EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, A BOARD 234
OF COUNTY COMMISSIONERS MAY ADOPT A RESOLUTION AUTHORIZING THE 235
ACCEPTANCE OF PAYMENTS BY FINANCIAL TRANSACTION DEVICES FOR 236
COUNTY EXPENSES. THE RESOLUTION SHALL INCLUDE THE FOLLOWING: 237
(1) A SPECIFICATION OF THOSE COUNTY ELECTED OFFICIALS WHO 239
ARE AUTHORIZED TO ACCEPT PAYMENTS BY FINANCIAL TRANSACTION 240
DEVICES;
(2) A LIST OF COUNTY EXPENSES THAT MAY BE PAID FOR THROUGH 243
THE USE OF A FINANCIAL TRANSACTION DEVICE;
(3) SPECIFIC IDENTIFICATION OF FINANCIAL TRANSACTION 245
DEVICES THAT THE BOARD AUTHORIZES AS ACCEPTABLE MEANS OF PAYMENT 247
FOR COUNTY EXPENSES. UNIFORM ACCEPTANCE OF FINANCIAL TRANSACTION 248
DEVICES AMONG DIFFERENT TYPES OF COUNTY EXPENSES IS NOT REQUIRED. 249
(4) THE AMOUNT, IF ANY, AUTHORIZED AS A SURCHARGE OR 251
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CONVENIENCE FEE UNDER DIVISION (E) OF THIS SECTION FOR PERSONS 252
USING A FINANCIAL TRANSACTION DEVICE. UNIFORM APPLICATION OF 254
SURCHARGES OR CONVENIENCE FEES AMONG DIFFERENT TYPES OF COUNTY 255
EXPENSES IS NOT REQUIRED.
(5) A SPECIFIC PROVISION AS PROVIDED IN DIVISION (G) OF 257
THIS SECTION REQUIRING THE PAYMENT OF A PENALTY IF A PAYMENT MADE 258
BY MEANS OF A FINANCIAL TRANSACTION DEVICE IS RETURNED OR 259
DISHONORED FOR ANY REASON.
THE BOARD'S RESOLUTION SHALL ALSO DESIGNATE THE COUNTY 261
TREASURER AS AN ADMINISTRATIVE AGENT TO SOLICIT PROPOSALS, WITHIN 262
GUIDELINES ESTABLISHED BY THE BOARD IN THE RESOLUTION AND IN 263
COMPLIANCE WITH THE PROCEDURES PROVIDED IN DIVISION (C) OF THIS 264
SECTION, FROM FINANCIAL INSTITUTIONS, ISSUERS OF FINANCIAL 265
TRANSACTION DEVICES, AND PROCESSORS OF FINANCIAL TRANSACTION 266
DEVICES, MAKE RECOMMENDATIONS ABOUT THOSE PROPOSALS TO THE BOARD, 267
AND TO ASSIST COUNTY OFFICES IN IMPLEMENTING THE COUNTY'S 268
FINANCIAL TRANSACTION DEVICES PROGRAM. THE COUNTY TREASURER MAY 269
DECLINE THIS RESPONSIBILITY WITHIN THIRTY DAYS AFTER RECEIVING A 270
COPY OF THE BOARD'S RESOLUTION BY NOTIFYING THE BOARD IN WRITING 271
WITHIN THAT PERIOD. IF THE TREASURER SO NOTIFIES THE BOARD, THE 272
BOARD SHALL PERFORM THE DUTIES OF THE ADMINISTRATIVE AGENT.
IF THE COUNTY TREASURER IS THE ADMINISTRATIVE AGENT AND 274
FAILS TO ADMINISTER THE COUNTY FINANCIAL TRANSACTION DEVICES 275
PROGRAM IN ACCORDANCE WITH THE GUIDELINES IN THE BOARD'S 276
RESOLUTION, THE BOARD SHALL NOTIFY THE TREASURER IN WRITING OF 277
THE BOARD'S FINDINGS, EXPLAIN THE FAILURES, AND GIVE THE
TREASURER SIX MONTHS TO CORRECT THE FAILURES. IF THE TREASURER 278
FAILS TO MAKE THE APPROPRIATE CORRECTIONS WITHIN THAT SIX-MONTH 279
PERIOD, THE BOARD MAY PASS A RESOLUTION DECLARING THE BOARD TO BE 280
THE ADMINISTRATIVE AGENT. THE BOARD MAY LATER RESCIND THAT 281
RESOLUTION AT ITS DISCRETION.
(C) THE COUNTY SHALL FOLLOW THE PROCEDURES PROVIDED IN 283
THIS DIVISION WHENEVER IT PLANS TO CONTRACT WITH FINANCIAL 284
INSTITUTIONS, ISSUERS OF FINANCIAL TRANSACTION DEVICES, OR 285
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PROCESSORS OF FINANCIAL TRANSACTION DEVICES FOR THE PURPOSES OF 286
THIS SECTION. THE ADMINISTRATIVE AGENT SHALL REQUEST PROPOSALS 287
FROM AT LEAST THREE FINANCIAL INSTITUTIONS, ISSUERS OF FINANCIAL 288
TRANSACTION DEVICES, OR PROCESSORS OF FINANCIAL TRANSACTION 289
DEVICES, AS APPROPRIATE IN ACCORDANCE WITH THE RESOLUTION ADOPTED 291
UNDER DIVISION (B) OF THIS SECTION. PRIOR TO SENDING ANY
FINANCIAL INSTITUTION, ISSUER, OR PROCESSOR A COPY OF ANY SUCH 292
REQUEST, THE COUNTY SHALL ADVERTISE ITS INTENT TO REQUEST 293
PROPOSALS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY 294
ONCE A WEEK FOR TWO CONSECUTIVE WEEKS. THE NOTICE SHALL STATE 295
THAT THE COUNTY INTENDS TO REQUEST PROPOSALS; SPECIFY THE
PURPOSE OF THE REQUEST; INDICATE THE DATE, WHICH SHALL BE AT 296
LEAST TEN DAYS AFTER THE SECOND PUBLICATION, ON WHICH THE REQUEST 297
FOR PROPOSALS WILL BE MAILED TO FINANCIAL INSTITUTIONS, ISSUERS, 299
OR PROCESSORS; AND REQUIRE THAT ANY FINANCIAL INSTITUTION, 300
ISSUER, OR PROCESSOR, WHICHEVER IS APPROPRIATE, INTERESTED IN 301
RECEIVING THE REQUEST FOR PROPOSALS SUBMIT WRITTEN NOTICE OF THIS
INTEREST TO THE COUNTY NOT LATER THAN NOON OF THE DAY ON WHICH 302
THE REQUEST FOR PROPOSALS WILL BE MAILED. 303
UPON RECEIVING THE PROPOSALS, THE ADMINISTRATIVE AGENT 305
SHALL REVIEW THEM AND MAKE A RECOMMENDATION TO THE BOARD OF 306
COUNTY COMMISSIONERS ON WHICH PROPOSALS TO ACCEPT. THE BOARD OF 307
COUNTY COMMISSIONERS SHALL CONSIDER THE AGENT'S RECOMMENDATION 308
AND REVIEW ALL PROPOSALS SUBMITTED, THEN MAY CHOOSE TO CONTRACT
WITH ANY OR ALL OF THE ENTITIES SUBMITTING PROPOSALS, AS 309
APPROPRIATE. THE BOARD SHALL PROVIDE ANY FINANCIAL INSTITUTION, 310
ISSUER, OR PROCESSOR THAT SUBMITTED A PROPOSAL BUT WITH WHICH THE 311
BOARD DOES NOT ENTER INTO A CONTRACT, NOTICE THAT ITS PROPOSAL IS 312
REJECTED. THE NOTICE SHALL STATE THE REASONS FOR THE REJECTION, 313
INDICATE WHOSE PROPOSALS WERE ACCEPTED, AND PROVIDE A COPY OF THE 314
TERMS AND CONDITIONS OF THE SUCCESSFUL BIDS.
(D) A BOARD OF COUNTY COMMISSIONERS ADOPTING A RESOLUTION 316
UNDER THIS SECTION SHALL SEND A COPY OF THE RESOLUTION TO EACH 318
COUNTY ELECTED OFFICIAL IN THE COUNTY WHO IS AUTHORIZED TO ACCEPT 319
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PAYMENTS BY FINANCIAL TRANSACTION DEVICES. AFTER RECEIVING THE
RESOLUTION AND BEFORE ACCEPTING PAYMENTS BY FINANCIAL TRANSACTION 321
DEVICES, A COUNTY ELECTED OFFICIAL SHALL PROVIDE WRITTEN
NOTIFICATION TO THE BOARD OF COUNTY COMMISSIONERS OF THE 322
OFFICIAL'S INTENT TO IMPLEMENT THE RESOLUTION WITHIN THE 323
OFFICIAL'S OFFICE. EACH COUNTY OFFICE SUBJECT TO THE BOARD'S 325
RESOLUTION ADOPTED UNDER DIVISION (B) OF THIS SECTION MAY USE
ONLY THE FINANCIAL INSTITUTIONS, ISSUERS OF FINANCIAL TRANSACTION 326
DEVICES, AND PROCESSORS OF FINANCIAL TRANSACTION DEVICES WITH 327
WHICH THE BOARD OF COUNTY COMMISSIONERS CONTRACTS, AND EACH SUCH 328
OFFICE IS SUBJECT TO THE TERMS OF THOSE CONTRACTS. 329
IF A COUNTY OFFICE UNDER THE AUTHORITY OF A COUNTY ELECTED 332
OFFICIAL IS DIRECTLY RESPONSIBLE FOR COLLECTING ONE OR MORE 333
COUNTY EXPENSES AND THE COUNTY ELECTED OFFICIAL DETERMINES NOT TO 335
ACCEPT PAYMENTS BY FINANCIAL TRANSACTION DEVICES FOR ONE OR MORE 336
OF THOSE EXPENSES, THE OFFICE SHALL NOT BE REQUIRED TO ACCEPT 337
PAYMENTS BY FINANCIAL TRANSACTION DEVICES, NOTWITHSTANDING THE 338
ADOPTION OF A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS 339
UNDER THIS SECTION.
ANY OFFICE OF A CLERK OF THE COURT OF COMMON PLEAS THAT 341
ACCEPTS FINANCIAL TRANSACTION DEVICES ON OR BEFORE JULY 1, 1999, 342
AND ANY OTHER COUNTY OFFICE THAT ACCEPTED SUCH DEVICES BEFORE 343
JANUARY 1, 1998, MAY CONTINUE TO ACCEPT SUCH DEVICES WITHOUT 344
BEING SUBJECT TO ANY RESOLUTION PASSED BY THE BOARD OF COUNTY 345
COMMISSIONERS UNDER DIVISION (B) OF THIS SECTION, OR ANY OTHER 346
OVERSIGHT BY THE BOARD OF THE OFFICE'S FINANCIAL TRANSACTION 347
DEVICES PROGRAM. ANY SUCH OFFICE MAY USE SURCHARGES OR
CONVENIENCE FEES IN ANY MANNER THE COUNTY ELECTED OFFICIAL IN 348
CHARGE OF THE OFFICE DETERMINES TO BE APPROPRIATE, AND, IF THE 349
COUNTY TREASURER CONSENTS, MAY APPOINT THE COUNTY TREASURER TO BE 350
THE OFFICE'S ADMINISTRATIVE AGENT FOR PURPOSES OF ACCEPTING 351
FINANCIAL TRANSACTION DEVICES. IN ORDER NOT TO BE SUBJECT TO THE 352
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ADOPTED UNDER
DIVISION (B) OF THIS SECTION, A COUNTY OFFICE SHALL NOTIFY THE 353
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BOARD IN WRITING WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF 354
THIS SECTION THAT IT ACCEPTED FINANCIAL TRANSFER DEVICES PRIOR TO 355
THE EFFECTIVE DATE OF THIS SECTION, OR, IN THE CASE OF THE OFFICE 356
OF A CLERK OF THE COURT OF COMMON PLEAS, THE CLERK WILL ACCEPT 357
SUCH DEVICES ON OR BEFORE JULY 1, 1999. EACH SUCH NOTIFICATION 358
SHALL EXPLAIN HOW PROCESSING COSTS ASSOCIATED WITH FINANCIAL 359
TRANSFER DEVICES ARE BEING PAID AND SHALL INDICATE WHETHER
SURCHARGE OR CONVENIENCE FEES ARE BEING PASSED ONTO CONSUMERS. 360
(E) A BOARD OF COUNTY COMMISSIONERS MAY ESTABLISH A 363
SURCHARGE OR CONVENIENCE FEE THAT MAY BE IMPOSED UPON A PERSON 364
MAKING PAYMENT BY A FINANCIAL TRANSACTION DEVICE. THE SURCHARGE 365
OR CONVENIENCE FEE SHALL NOT BE IMPOSED UNLESS AUTHORIZED OR 366
OTHERWISE PERMITTED BY THE RULES PRESCRIBED BY AN AGREEMENT 367
GOVERNING THE USE AND ACCEPTANCE OF THE FINANCIAL TRANSACTION 368
DEVICE.
IF A SURCHARGE OR CONVENIENCE FEE IS IMPOSED, EVERY COUNTY 370
OFFICE ACCEPTING PAYMENT BY A FINANCIAL TRANSACTION DEVICE, 371
REGARDLESS OF WHETHER THAT OFFICE IS SUBJECT TO A RESOLUTION 372
ADOPTED BY A BOARD OF COUNTY COMMISSIONERS, SHALL CLEARLY POST A 373
NOTICE IN THAT OFFICE AND SHALL NOTIFY EACH PERSON MAKING A
PAYMENT BY SUCH A DEVICE ABOUT THE SURCHARGE OR FEE. NOTICE TO 374
EACH PERSON MAKING A PAYMENT SHALL BE PROVIDED REGARDLESS OF THE 375
MEDIUM USED TO MAKE THE PAYMENT AND IN A MANNER APPROPRIATE TO 376
THAT MEDIUM. EACH NOTICE SHALL INCLUDE ALL OF THE FOLLOWING: 377
(1) A STATEMENT THAT THERE IS A SURCHARGE OR CONVENIENCE 379
FEE FOR USING A FINANCIAL TRANSACTION DEVICE; 380
(2) THE TOTAL AMOUNT OF THE CHARGE OR FEE EXPRESSED IN 382
DOLLARS AND CENTS FOR EACH TRANSACTION, OR THE RATE OF THE CHARGE 383
OR FEE EXPRESSED AS A PERCENTAGE OF THE TOTAL AMOUNT OF THE 384
TRANSACTION, WHICHEVER IS APPLICABLE; 385
(3) A CLEAR STATEMENT THAT THE SURCHARGE OR CONVENIENCE 387
FEE IS NONREFUNDABLE.
(F) IF A PERSON ELECTS TO MAKE A PAYMENT TO THE COUNTY BY 390
A FINANCIAL TRANSACTION DEVICE AND A SURCHARGE OR CONVENIENCE FEE 391
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IS IMPOSED, THE PAYMENT OF THE SURCHARGE OR FEE SHALL BE 392
CONSIDERED VOLUNTARY AND THE SURCHARGE OR FEE IS NOT REFUNDABLE. 393
(G) IF A PERSON MAKES PAYMENT BY FINANCIAL TRANSACTION 396
DEVICE AND THE PAYMENT IS RETURNED OR DISHONORED FOR ANY REASON, 397
THE PERSON IS LIABLE TO THE COUNTY FOR PAYMENT OF A PENALTY OVER 398
AND ABOVE THE AMOUNT OF THE EXPENSE DUE. THE BOARD OF COUNTY 399
COMMISSIONERS SHALL DETERMINE THE AMOUNT OF THE PENALTY, WHICH 400
MAY BE EITHER A FEE NOT TO EXCEED TWENTY DOLLARS OR PAYMENT OF 401
THE AMOUNT NECESSARY TO REIMBURSE THE COUNTY FOR BANKING CHARGES, 402
LEGAL FEES, OR OTHER EXPENSES INCURRED BY THE COUNTY IN 403
COLLECTING THE RETURNED OR DISHONORED PAYMENT. THE REMEDIES AND 404
PROCEDURES PROVIDED IN THIS SECTION ARE IN ADDITION TO ANY OTHER 405
AVAILABLE CIVIL OR CRIMINAL REMEDIES PROVIDED BY LAW. 406
(H) NO PERSON MAKING ANY PAYMENT BY FINANCIAL TRANSACTION 409
DEVICE TO A COUNTY OFFICE SHALL BE RELIEVED FROM LIABILITY FOR 410
THE UNDERLYING OBLIGATION EXCEPT TO THE EXTENT THAT THE COUNTY 411
REALIZES FINAL PAYMENT OF THE UNDERLYING OBLIGATION IN CASH OR 412
ITS EQUIVALENT. IF FINAL PAYMENT IS NOT MADE BY THE FINANCIAL 413
TRANSACTION DEVICE ISSUER OR OTHER GUARANTOR OF PAYMENT IN THE 414
TRANSACTION, THE UNDERLYING OBLIGATION SHALL SURVIVE AND THE 415
COUNTY SHALL RETAIN ALL REMEDIES FOR ENFORCEMENT THAT WOULD HAVE 416
APPLIED IF THE TRANSACTION HAD NOT OCCURRED. 417
(I) A COUNTY ELECTED OFFICIAL OR EMPLOYEE WHO ACCEPTS A 420
FINANCIAL TRANSACTION DEVICE PAYMENT IN ACCORDANCE WITH THIS 421
SECTION AND ANY APPLICABLE STATE OR LOCAL POLICIES OR RULES IS 422
IMMUNE FROM PERSONAL LIABILITY FOR THE FINAL COLLECTION OF SUCH 423
PAYMENTS.
Section 2. That existing section 301.27 of the Revised 425
Code is hereby repealed. 426