As Reported by the Senate State and Local Government         1            

                 and Veterans Affairs Committee                    2            

122nd General Assembly                                             5            

   Regular Session                                  S. B. No. 208  6            

      1997-1998                                                    7            


                          SENATOR LATTA                            9            


                                                                   11           

                           A   B I L L                                          

             To amend section 305.03 of the Revised Code to        13           

                require the coroner to serve as county             14           

                commissioner whenever two of a county's                         

                commissioners are absent because of illness or     15           

                injury.                                                         




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That section 305.03 of the Revised Code be       18           

amended to read as follows:                                        19           

      Sec. 305.03.  (A)  Whenever any county officer fails to      28           

perform the duties of his office for ninety consecutive days,      29           

except in case of sickness or injury as provided in divisions (B)  30           

and (C) of this section, his THE office shall be deemed vacant.    31           

      (B)  Whenever any county officer is absent because of        33           

sickness or injury, he THE OFFICER shall cause to be filed with    34           

the board of county commissioners a physician's certificate of     36           

his THE OFFICER'S sickness or injury.  If such certificate is not  38           

filed with the board within ten days after the expiration of       39           

ninety consecutive days of absence, his THE office shall be        40           

deemed vacant.                                                                  

      (C)  Whenever a county officer files a physician's           42           

certificate under division (B) of this section, but continues to   43           

be absent for an additional thirty days commencing immediately     44           

after the last day on which this certificate may be filed under    45           

division (B) of this section, his THE office shall be deemed       46           

vacant.                                                            47           

                                                          2      

                                                                 
      (D)  IF AT ANY TIME TWO COUNTY COMMISSIONERS IN A COUNTY     49           

ARE ABSENT AND HAVE FILED A PHYSICIAN'S CERTIFICATE UNDER          50           

DIVISION (B) OF THIS SECTION, THE COUNTY CORONER, IN ADDITION TO   51           

PERFORMING THE DUTIES OF CORONER, SHALL SERVE AS COUNTY            52           

COMMISSIONER UNTIL AT LEAST ONE OF THE ABSENT COMMISSIONERS        53           

RETURNS TO OFFICE OR UNTIL THE OFFICE OF AT LEAST ONE OF THE                    

ABSENT COMMISSIONERS IS DEEMED VACANT UNDER THIS SECTION AND THE   54           

VACANCY IS FILLED.  IF THE CORONER SO REQUESTS, THE CORONER SHALL  55           

BE PAID A PER DIEM RATE FOR THE CORONER'S SERVICE AS A             56           

COMMISSIONER.  THAT PER DIEM RATE SHALL BE THE ANNUAL SALARY       57           

SPECIFIED BY LAW FOR A COUNTY COMMISSIONER OF THAT COUNTY WHOSE                 

TERM OF OFFICE BEGAN IN THE SAME YEAR AS THE CORONER'S TERM OF     58           

OFFICE BEGAN, DIVIDED BY THE NUMBER OF DAYS IN THE YEAR.           59           

      (E)  Any vacancy declared under this section shall be        61           

filled in the manner provided by section 305.02 of the Revised     62           

Code.                                                                           

      (F)  This section shall not apply to a county officer while  64           

in the active military service of the United States.               65           

      Section 2.  That existing section 305.03 of the Revised      67           

Code is hereby repealed.                                           68