As Passed by the House 1
122nd General Assembly 4
Regular Session Am. S. B. No. 208 5
1997-1998 6
SENATORS LATTA-KEARNS-GARDNER-HERINGTON- REPRESENTATIVES 9
SCHULER-TERWILLEGER
_________________________________________________________________ 10
A B I L L
To amend sections 305.03 and 5705.34 of the Revised 12
Code to require the coroner to serve as county 14
commissioner whenever two of a county's
commissioners are absent because of illness or 15
injury to require a county budget commission to
include, in the information that it certifies to 16
a taxing authority after completing its work on a 17
tax budget, the expiration date of each tax levy.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 305.03 and 5705.34 of the Revised 20
Code be amended to read as follows: 22
Sec. 305.03. (A) Whenever any county officer fails to 31
perform the duties of his office for ninety consecutive days, 32
except in case of sickness or injury as provided in divisions (B) 33
and (C) of this section, his THE office shall be deemed vacant. 34
(B) Whenever any county officer is absent because of 36
sickness or injury, he THE OFFICER shall cause to be filed with 37
the board of county commissioners a physician's certificate of 39
his THE OFFICER'S sickness or injury. If such certificate is not 41
filed with the board within ten days after the expiration of 42
ninety consecutive days of absence, his THE office shall be 43
deemed vacant.
(C) Whenever a county officer files a physician's 45
certificate under division (B) of this section, but continues to 46
be absent for an additional thirty days commencing immediately 47
2
after the last day on which this certificate may be filed under 48
division (B) of this section, his THE office shall be deemed 49
vacant. 50
(D) IF AT ANY TIME TWO COUNTY COMMISSIONERS IN A COUNTY 52
ARE ABSENT AND HAVE FILED A PHYSICIAN'S CERTIFICATE UNDER 53
DIVISION (B) OF THIS SECTION, THE COUNTY CORONER, IN ADDITION TO 54
PERFORMING THE DUTIES OF CORONER, SHALL SERVE AS COUNTY 55
COMMISSIONER UNTIL AT LEAST ONE OF THE ABSENT COMMISSIONERS 56
RETURNS TO OFFICE OR UNTIL THE OFFICE OF AT LEAST ONE OF THE
ABSENT COMMISSIONERS IS DEEMED VACANT UNDER THIS SECTION AND THE 57
VACANCY IS FILLED. IF THE CORONER SO REQUESTS, THE CORONER SHALL 58
BE PAID A PER DIEM RATE FOR THE CORONER'S SERVICE AS A 59
COMMISSIONER. THAT PER DIEM RATE SHALL BE THE ANNUAL SALARY 60
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 61
OFFICE BEGAN, DIVIDED BY THE NUMBER OF DAYS IN THE YEAR. 62
WHILE THE CORONER IS SERVING AS A COUNTY COMMISSIONER, THE 64
CORONER SHALL BE CONSIDERED AN ACTING COUNTY COMMISSIONER AND 65
SHALL PERFORM THE DUTIES OF THE OFFICE OF COUNTY COMMISSIONER 66
UNTIL AT LEAST ONE OF THE ABSENT COMMISSIONERS RETURNS TO OFFICE 67
OR UNTIL THE OFFICE OF AT LEAST ONE OF THE ABSENT COMMISSIONERS 68
IS DEEMED VACANT. BEFORE ASSUMING THE OFFICE OF ACTING COUNTY
COMMISSIONER, THE CORONER SHALL TAKE AN OATH OF OFFICE AS 69
PROVIDED IN SECTIONS 3.22 AND 3.23 OF THE REVISED CODE. THE 70
CORONER'S SERVICE AS AN ACTING COUNTY COMMISSIONER DOES NOT 71
CONSTITUTE THE HOLDING OF AN INCOMPATIBLE PUBLIC OFFICE OR 72
EMPLOYMENT IN VIOLATION OF ANY STATUTORY OR COMMON LAW
PROHIBITION AGAINST THE SIMULTANEOUS HOLDING OF MORE THAN ONE 73
PUBLIC OFFICER OR EMPLOYMENT.
THE CORONER SHALL GIVE A NEW BOND IN THE SAME AMOUNT AND 74
SIGNED AND APPROVED AS PROVIDED IN SECTION 305.04 OF THE REVISED 75
CODE. THE BOND SHALL BE CONDITIONED FOR THE FAITHFUL DISCHARGE 76
OF THE CORONER'S DUTIES AS ACTING COUNTY COMMISSIONER AND FOR THE 77
PAYMENT OF ANY LOSS OR DAMAGE THAT THE COUNTY MAY SUSTAIN BY 78
3
REASON OF THE CORONER'S FAILURE IN THOSE DUTIES. THE BOND, ALONG
WITH THE OATH OF OFFICE AND APPROVAL OF THE PROBATE JUDGE 79
INDORSED ON IT, SHALL BE DEPOSITED AND PAID FOR AS PROVIDED FOR 80
THE BONDS IN SECTION 305.04 OF THE REVISED CODE. 81
(E) Any vacancy declared under this section shall be 82
filled in the manner provided by section 305.02 of the Revised 83
Code.
(F) This section shall not apply to a county officer while 85
in the active military service of the United States. 86
Sec. 5705.34. When the budget commission has completed its 96
work with respect to a tax budget it shall certify its action to 97
the taxing authority, together with an estimate by the county 98
auditor of the rate of each tax necessary to be levied by the 99
taxing authority within its subdivision or taxing unit, and what
part thereof is in excess of, and what part within, the ten-mill 100
tax limitation. Each THE CERTIFICATION SHALL ALSO INDICATE THE 101
DATE ON WHICH EACH TAX LEVIED BY THE TAXING AUTHORITY WILL 102
EXPIRE.
EACH taxing authority, by ordinance or resolution, shall 104
authorize the necessary tax levies and certify them to the county 105
auditor before the first day of October in each year, or at such 106
later date as is approved by the tax commissioner, except that 107
the certification by a board of education shall be made by the 108
first day of April or at such later date as is approved by the 109
commissioner, and except that a township board of park
commissioners that is appointed by the board of township trustees 110
and oversees a township park district that contains only 111
unincorporated territory shall authorize only those taxes 112
approved by, and only at the rate approved by, the board of 113
township trustees as required by division (C) of section 511.27
of the Revised Code. If the levying of a tax to be placed on the 114
duplicate of the current year is approved by the electors of the 115
subdivision under sections 5705.01 to 5705.47 of the Revised 116
Code; if the rate of a school district tax is increased due to 117
4
the repeal of a school district income tax and property tax rate 118
reduction at an election held pursuant to section 5748.04 of the
Revised Code; or if refunding bonds to refund all or a part of 119
the principal of bonds payable from a tax levy for the ensuing 120
fiscal year are issued or sold and in the process of delivery, 121
the budget commission shall reconsider and revise its action on 122
the budget of the subdivision or school library district for 123
whose benefit the tax is to be levied after the returns of such
election are fully canvassed, or after the issuance or sale of 124
such refunding bonds is certified to it. 125
Section 2. That existing sections 305.03 and 5705.34 of 127
the Revised Code are hereby repealed. 129