As Passed by the House 1
123rd General Assembly 4
Regular Session Am. H. B. No. 204 5
1999-2000 6
REPRESENTATIVES SCHULER-WINKLER-TAYLOR-VAN VYVEN-EVANS-VESPER- 7
OLMAN-JAMES-TERWILLEGER-CLANCY-ROMAN-CAREY-VERICH-SULZER 8
_________________________________________________________________ 9
A B I L L
To amend section 505.371 of the Revised Code to 11
permit the political subdivisions that comprise a 12
joint fire district to pay the district's charges
for ambulance or emergency medical services 13
provided to their respective residents under 14
certain circumstances and to permit two or more
municipal corporations to form a joint fire 15
district.
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 LEGISLATIVE AUTHORITIES OF 31
TWO OR MORE MUNICIPAL CORPORATIONS, or the boards of township 33
trustees of two or more townships, may, by adoption of a joint 34
resolution by a majority of the members of each board of township 35
trustees and by a majority of the members of the legislative 36
authority of each municipal corporation, create a joint fire 37
district comprising the municipal corporations and all or any 38
portions of the townships as are mutually agreed upon. A joint 39
fire district so created shall be given a name different from the 40
name of any participating township or municipal corporation. 41
(B) The governing body of the joint fire district shall be 43
a board of fire district trustees, which shall include one 44
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representative from each board of township trustees and one 45
representative from the legislative authority of each municipal 46
corporation in the district. The board of fire district trustees 47
may exercise the same powers as are granted to a board of 48
township trustees in sections 505.37 to 505.45 of the Revised 49
Code, including, but not limited to, the power to levy a tax upon 50
all taxable property in the fire district as provided in section 51
505.39 of the Revised Code. The board of fire district trustees 52
may be compensated at a rate not to exceed thirty dollars per 53
meeting, not to exceed fifteen meetings per year, and may be 54
reimbursed for all necessary expenses incurred. The board shall 55
employ a clerk of the board of fire district trustees. 56
(C)(1) The board of fire district trustees may establish 58
reasonable charges for the use of ambulance or emergency medical 60
services. The board may establish different charges for 61
residents and nonresidents of the district, and may WAIVE, at its 63
discretion, waive all or part of the charge for any resident of
the district. The charge for nonresidents shall be an amount not 64
less than the authorized medicare reimbursement rate, except that 65
if, prior to the effective date of this amendment FEBRUARY 4, 67
1998, the board had different charges for residents and 68
nonresidents and the charge for nonresidents was less than the 69
authorized medicare reimbursement rate, the board may charge 70
nonresidents less than the authorized medicare reimbursement 71
rate. Charges
(2) IN THE RESOLUTION CREATING THE JOINT FIRE DISTRICT, 73
THE POLITICAL SUBDIVISIONS THAT CREATE THE DISTRICT MAY PROVIDE 74
THAT ANY OF THOSE POLITICAL SUBDIVISIONS MAY AGREE TO PAY ANY 75
CHARGES FOR THE USE OF AMBULANCE OR EMERGENCY MEDICAL SERVICES 76
THAT THE BOARD OF FIRE DISTRICT TRUSTEES ESTABLISHES UNDER 77
DIVISION (C)(1) OF THIS SECTION AND THAT ARE INCURRED BY THE 78
RESIDENTS OF THE PARTICULAR POLITICAL SUBDIVISION. UNLESS THE
BOARD ELECTS PURSUANT TO THAT DIVISION TO WAIVE ALL OR PART OF 79
THE CHARGES FOR THE USE OF AMBULANCE OR EMERGENCY MEDICAL 80
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SERVICES THAT ANY RESIDENT OF THE DISTRICT INCURS, THE RESIDENTS 81
OF A PARTICULAR POLITICAL SUBDIVISION THAT HAS NOT SO AGREED TO 82
PAY THE CHARGES FOR THE USE OF AMBULANCE OR EMERGENCY MEDICAL
SERVICES INCURRED BY ITS RESIDENTS SHALL PAY THOSE CHARGES. 83
(3) CHARGES collected under DIVISION (C) OF this paragraph 86
SECTION shall be kept in a separate fund designated as "the 87
ambulance and emergency medical services fund," and shall be 89
appropriated and administered by the board. These funds THE FUND 92
shall be used for the payment of the costs of the management, 93
maintenance, and operation of ambulance and emergency medical 94
services in the district. As 95
(4) AS used in DIVISION (C) OF this paragraph SECTION, 98
"authorized medicare reimbursement rate" has the same meaning as 99
in section 505.84 of the Revised Code. 100
(D) Any municipal corporation or township, or parts of 102
them, may join an existing joint fire district by the adoption of 104
a resolution requesting such membership and upon approval of the 105
board of fire district trustees. Any municipal corporation or 106
township may withdraw from a joint fire district created under 107
this section, by the adoption of a resolution ordering 108
withdrawal. On or after the first day of January of the year 109
following the adoption of the resolution of withdrawal, the 110
municipal corporation or township withdrawing ceases to be a part 111
of such district, and the power of the joint fire district to 112
levy a tax upon taxable property in the withdrawing township or 114
municipal corporation terminates, except that the joint fire 115
district shall continue to levy and collect taxes for the payment 116
of indebtedness within the territory of the joint fire district 117
as it was comprised at the time the indebtedness was incurred. 118
Upon the withdrawal of any township or municipal 120
corporation from a joint fire district created under this 121
section, the county auditor shall ascertain, apportion, and order 122
a division of the funds on hand, including funds in the ambulance 123
and emergency medical services fund, moneys and taxes in the 124
4
process of collection, except for taxes levied for the payment of 125
indebtedness, credits, and real and personal property, either in 126
money or in kind, on the basis of the valuation of the respective 127
tax duplicates of the withdrawing municipal corporation or 128
township and the remaining territory of the joint fire district. 129
When the number of townships and municipal corporations 131
comprising a joint fire district is reduced to one, the joint 132
fire district ceases to exist by operation of law, and the funds, 133
credits, and property remaining after apportionments to 134
withdrawing municipal corporations or townships, shall be assumed 135
by the one remaining township or municipal corporation. When a 136
joint fire district ceases to exist and an indebtedness remains 137
unpaid, the board of county commissioners shall continue to levy 138
and collect taxes for the payment of such indebtedness within the 139
territory of the joint fire district as it was comprised at the 140
time the indebtedness was incurred. 141
Section 2. That existing section 505.371 of the Revised 143
Code is hereby repealed. 144
Section 3. For those joint fire districts created prior to 146
and in existence on the effective date of this act, the joint 147
resolution creating the district may be amended to permit, on and 148
after the amendment's effective date, any of the political 149
subdivisions involved to agree to pay any charges for the use of
ambulance or emergency medical services incurred by the residents 150
of the particular political subdivision in accordance with 151
section 505.371 of the Revised Code, as amended by this act. 152