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 ofhisoffice for ninety consecutive days, 29 except in case of sickness or injury as provided in divisions (B) 30 and (C) of this section,hisTHE office shall be deemed vacant. 31 (B) Whenever any county officer is absent because of 33 sickness or injury,heTHE OFFICER shall cause to be filed with 34 the board of county commissioners a physician's certificate of 36hisTHE 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,hisTHE 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,hisTHE 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