As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 204 5
1999-2000 6
REPRESENTATIVES SCHULER-WINKLER-TAYLOR-VAN VYVEN- 8
EVANS-VESPER-OLMAN-JAMES 9
_________________________________________________________________ 10
A B I L L
To amend section 505.371 of the Revised Code to 12
permit the political subdivisions that comprise a 13
joint fire district to pay the district's charges
for ambulance or emergency medical services 14
provided to their respective residents under 15
certain circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 505.371 of the Revised Code be 19
amended to read as follows: 20
Sec. 505.371. (A) The boards of township trustees of one 29
or more townships and the legislative authorities of any one or 30
more municipal corporations, or the boards of township trustees 32
of two or more townships, may, by adoption of a joint resolution 33
by a majority of the members of each board of township trustees 34
and by a majority of the members of the legislative authority of 35
each municipal corporation, create a joint fire district 36
comprising the municipal corporations and all or any portions of 37
the townships as are mutually agreed upon. A joint fire district 38
so created shall be given a name different from the name of any 39
participating township or municipal corporation. 40
(B) The governing body of the joint fire district shall be 42
a board of fire district trustees, which shall include one 43
representative from each board of township trustees and one 44
representative from the legislative authority of each municipal 45
corporation in the district. The board of fire district trustees 46
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may exercise the same powers as are granted to a board of 47
township trustees in sections 505.37 to 505.45 of the Revised 48
Code, including, but not limited to, the power to levy a tax upon 49
all taxable property in the fire district as provided in section 50
505.39 of the Revised Code. The board of fire district trustees 51
may be compensated at a rate not to exceed thirty dollars per 52
meeting, not to exceed fifteen meetings per year, and may be 53
reimbursed for all necessary expenses incurred. The board shall 54
employ a clerk of the board of fire district trustees. 55
(C)(1) The board of fire district trustees may establish 57
reasonable charges for the use of ambulance or emergency medical 59
services. The board may establish different charges for 60
residents and nonresidents of the district, and may WAIVE, at its 62
discretion, waive all or part of the charge for any resident of
the district. The charge for nonresidents shall be an amount not 63
less than the authorized medicare reimbursement rate, except that 64
if, prior to the effective date of this amendment FEBRUARY 4, 66
1998, the board had different charges for residents and 67
nonresidents and the charge for nonresidents was less than the 68
authorized medicare reimbursement rate, the board may charge 69
nonresidents less than the authorized medicare reimbursement 70
rate. Charges
(2) IN THE RESOLUTION CREATING THE JOINT FIRE DISTRICT, 72
THE POLITICAL SUBDIVISIONS THAT CREATE THE DISTRICT MAY PROVIDE 73
THAT ANY OF THOSE POLITICAL SUBDIVISIONS MAY AGREE TO PAY ANY 74
CHARGES FOR THE USE OF AMBULANCE OR EMERGENCY MEDICAL SERVICES 75
THAT THE BOARD OF FIRE DISTRICT TRUSTEES ESTABLISHES UNDER 76
DIVISION (C)(1) OF THIS SECTION AND THAT ARE INCURRED BY THE 77
RESIDENTS OF THE PARTICULAR POLITICAL SUBDIVISION. UNLESS THE
BOARD ELECTS PURSUANT TO THAT DIVISION TO WAIVE ALL OR PART OF 78
THE CHARGES FOR THE USE OF AMBULANCE OR EMERGENCY MEDICAL 79
SERVICES THAT ANY RESIDENT OF THE DISTRICT INCURS, THE RESIDENTS 80
OF A PARTICULAR POLITICAL SUBDIVISION THAT HAS NOT SO AGREED TO 81
PAY THE CHARGES FOR THE USE OF AMBULANCE OR EMERGENCY MEDICAL
3
SERVICES INCURRED BY ITS RESIDENTS SHALL PAY THOSE CHARGES. 82
(3) CHARGES collected under DIVISION (C) OF this paragraph 85
SECTION shall be kept in a separate fund designated as "the 86
ambulance and emergency medical services fund," and shall be 88
appropriated and administered by the board. These funds THE FUND 91
shall be used for the payment of the costs of the management, 92
maintenance, and operation of ambulance and emergency medical 93
services in the district. As 94
(4) AS used in DIVISION (C) OF this paragraph SECTION, 97
"authorized medicare reimbursement rate" has the same meaning as 98
in section 505.84 of the Revised Code. 99
(D) Any municipal corporation or township, or parts of 101
them, may join an existing joint fire district by the adoption of 103
a resolution requesting such membership and upon approval of the 104
board of fire district trustees. Any municipal corporation or 105
township may withdraw from a joint fire district created under 106
this section, by the adoption of a resolution ordering 107
withdrawal. On or after the first day of January of the year 108
following the adoption of the resolution of withdrawal, the 109
municipal corporation or township withdrawing ceases to be a part 110
of such district, and the power of the joint fire district to 111
levy a tax upon taxable property in the withdrawing township or 113
municipal corporation terminates, except that the joint fire 114
district shall continue to levy and collect taxes for the payment 115
of indebtedness within the territory of the joint fire district 116
as it was comprised at the time the indebtedness was incurred. 117
Upon the withdrawal of any township or municipal 119
corporation from a joint fire district created under this 120
section, the county auditor shall ascertain, apportion, and order 121
a division of the funds on hand, including funds in the ambulance 122
and emergency medical services fund, moneys and taxes in the 123
process of collection, except for taxes levied for the payment of 124
indebtedness, credits, and real and personal property, either in 125
money or in kind, on the basis of the valuation of the respective 126
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tax duplicates of the withdrawing municipal corporation or 127
township and the remaining territory of the joint fire district. 128
When the number of townships and municipal corporations 130
comprising a joint fire district is reduced to one, the joint 131
fire district ceases to exist by operation of law, and the funds, 132
credits, and property remaining after apportionments to 133
withdrawing municipal corporations or townships, shall be assumed 134
by the one remaining township or municipal corporation. When a 135
joint fire district ceases to exist and an indebtedness remains 136
unpaid, the board of county commissioners shall continue to levy 137
and collect taxes for the payment of such indebtedness within the 138
territory of the joint fire district as it was comprised at the 139
time the indebtedness was incurred. 140
Section 2. That existing section 505.371 of the Revised 142
Code is hereby repealed. 143
Section 3. For those joint fire districts created prior to 145
and in existence on the effective date of this act, the joint 146
resolution creating the district may be amended to permit, on and 147
after the amendment's effective date, any of the political 148
subdivisions involved to agree to pay any charges for the use of
ambulance or emergency medical services incurred by the residents 149
of the particular political subdivision in accordance with 150
section 505.371 of the Revised Code, as amended by this act. 151