As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 315 5
1999-2000 6
REPRESENTATIVES HAINES-CAREY-NETZLEY-CALVERT-ALLEN-HARTNETT- 8
PADGETT-SULZER-WILLAMOWSKI-TAYLOR-SCHULER-MAIER-CLANCY-BENDER- 9
SCHURING-BRITTON-DISTEL-EVANS-O'BRIEN-VESPER-FERDERBER-BARRETT- 10
GRENDELL-TERWILLEGER-HOLLISTER-VERICH-YOUNG-OLMAN-HARRIS-METZGER- 11
MOTTLEY-BUEHRER-TIBERI-CORE-OPFER-OGG-MYERS-WINKLER-BUCHY-KREBS- 12
CORBIN-AMSTUTZ-SALERNO-JOLIVETTE-AUSTRIA-SENATORS BLESSING- 13
MUMPER-KEARNS 14
_________________________________________________________________ 16
A B I L L
To amend sections 505.37 and 5535.08 and to enact 18
section 505.707 of the Revised Code to authorize 19
political subdivisions to enter into agreements 20
with other political subdivisions to obtain or 22
provide road construction or maintenance
services; to authorize political subdivisions to 23
provide emergency road repair and maintenance 24
assistance to other political subdivisions in
this state; to authorize boards of township 26
trustees to appropriate township funds to a
501(c)(3) organization that serves a community 27
purpose; and to require the township law director
of a limited home rule township, rather than the 28
prosecuting attorney, to approve specifications 29
for fire-fighting equipment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That sections 505.37 and 5535.08 be amended and 33
section 505.707 of the Revised Code be enacted to read as 34
follows: 35
Sec. 505.37. (A) The board of township trustees may 44
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establish all necessary rules to guard against the occurrence of 45
fires and to protect the property and lives of the citizens 46
against damage and accidents, and may, with the approval of the 47
specifications by the prosecuting attorney OR, IF THE TOWNSHIP 48
HAS ADOPTED LIMITED HOME RULE GOVERNMENT UNDER CHAPTER 504. OF 49
THE REVISED CODE, WITH THE APPROVAL OF THE SPECIFICATIONS BY THE 51
TOWNSHIP'S LAW DIRECTOR, purchase or otherwise provide any fire 52
apparatus, mechanical resuscitators, or other equipment, 53
appliances, materials, fire hydrants, and water supply for 54
fire-fighting purposes that seems advisable to the board. The 55
board shall provide for the care and maintenance of fire
equipment, and, for these purposes, may purchase, lease, or 56
construct and maintain necessary buildings, and it may establish 57
and maintain lines of fire-alarm communications within the limits 58
of the township. The board may employ one or more persons to 59
maintain and operate fire-fighting equipment, or it may enter 60
into an agreement with a volunteer fire company for the use and 61
operation of fire-fighting equipment. The board may compensate 62
the members of a volunteer fire company on any basis and in any 63
amount that it considers equitable. 64
(B) The boards of township trustees of any two or more 66
townships, or the legislative authorities of any two or more 67
political subdivisions, or any combination thereof, may, through 68
joint action, unite in the joint purchase, maintenance, use, and 69
operation of fire-fighting equipment, or for any other purpose 70
designated in sections 505.37 to 505.42 of the Revised Code, and 71
may prorate the expense of the joint action on any terms that are 72
mutually agreed upon. 73
(C) The board of township trustees of any township may, by 75
resolution, whenever it is expedient and necessary to guard 76
against the occurrence of fires or to protect the property and 77
lives of the citizens against damages resulting from their 78
occurrence, create a fire district of any portions of the 79
township that it considers necessary. The board may purchase or 80
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otherwise provide any fire apparatus, appliances, materials, fire 81
hydrants, and water supply for fire-fighting purposes, or may 82
contract for the fire protection for the fire district as 83
provided in section 9.60 of the Revised Code. The fire district 84
so created shall be given a separate name by which it shall be 85
known. 86
Additional unincorporated territory of the township may be 88
added to a fire district upon the board's adoption of a 89
resolution authorizing the addition. A municipal corporation 90
that is within or adjoining the township may be added to a fire 91
district upon the board's adoption of a resolution authorizing 92
the addition and the municipal legislative authority's adoption 93
of a resolution or ordinance requesting the addition of the 94
municipal corporation to the fire district. 95
If the township fire district imposes a tax, additional 97
unincorporated territory of the township or a municipal 98
corporation that is within or adjoining the township shall become 99
part of the fire district only after all of the following have 100
occurred: 101
(1) Adoption by the board of township trustees of a 103
resolution approving the expansion of the territorial limits of 104
the district and, if the resolution proposes to add a municipal 105
corporation, adoption by the municipal legislative authority of a 106
resolution or ordinance requesting the addition of the municipal 107
corporation to the district; 108
(2) Adoption by the board of township trustees of a 110
resolution recommending the extension of the tax to the 111
additional territory; 112
(3) Approval of the tax by the electors of the territory 114
proposed for addition to the district. 115
Each resolution of the board adopted under division (C)(2) 117
of this section shall state the name of the fire district, a 118
description of the territory to be added, and the rate and 119
termination date of the tax, which shall be the rate and 120
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termination date of the tax currently in effect in the fire 121
district. 122
The board of trustees shall certify each resolution adopted 124
under division (C)(2) of this section to the board of elections 125
in accordance with section 5705.19 of the Revised Code. The 126
election required under division (C)(3) of this section shall be 127
held, canvassed, and certified in the manner provided for the 128
submission of tax levies under section 5705.25 of the Revised 129
Code, except that the question appearing on the ballot shall 130
read: 131
"Shall the territory within ........................ 133
(description of the proposed territory to be added) 134
be added to ...................................... fire district, 136
(name) 137
and a property tax at a rate of taxation not exceeding ...... 139
(here insert tax rate) be in effect for .......... (here insert 140
the number of years the tax is to be in effect or "a continuing 141
period of time," as applicable)?" 142
If the question is approved by at least a majority of the 144
electors voting on it, the joinder shall be effective as of the 145
first day of July of the year following approval, and on that 146
date, the township fire district tax shall be extended to the 147
taxable property within the territory that has been added. If 148
the territory that has been added is a municipal corporation and 149
if it had adopted a tax levy for fire purposes, the levy is 150
terminated on the effective date of the joinder. 151
Any municipal corporation may withdraw from a township fire 153
district created under division (C) of this section by the 154
adoption by the municipal legislative authority of a resolution 155
or ordinance ordering withdrawal. On the first day of July of 156
the year following the adoption of the resolution or ordinance of 157
withdrawal, the municipal corporation withdrawing ceases to be a 158
part of the district, and the power of the fire district to levy 160
a tax upon taxable property in the withdrawing municipal 161
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corporation terminates, except that the fire district shall 162
continue to levy and collect taxes for the payment of 163
indebtedness within the territory of the fire district as it was 164
composed at the time the indebtedness was incurred. 165
Upon the withdrawal of any municipal corporation from a 167
township fire district created under division (C) of this 168
section, the county auditor shall ascertain, apportion, and order 169
a division of the funds on hand, moneys and taxes in the process 170
of collection except for taxes levied for the payment of 171
indebtedness, credits, and real and personal property, either in 172
money or in kind, on the basis of the valuation of the respective 173
tax duplicates of the withdrawing municipal corporation and the 174
remaining territory of the fire district. 175
A board of township trustees may remove unincorporated 177
territory of the township from the fire district upon the 178
adoption of a resolution authorizing the removal. On the first 179
day of July of the year following the adoption of the resolution, 181
the unincorporated township territory described in the resolution 182
ceases to be a part of the district, and the power of the fire 184
district to levy a tax upon taxable property in that territory 185
terminates, except that the fire district shall continue to levy 186
and collect taxes for the payment of indebtedness within the 187
territory of the fire district as it was composed at the time the 188
indebtedness was incurred.
(D) The board of township trustees of any township, the 190
board of fire district trustees of a fire district created under 191
section 505.371 of the Revised Code, or the legislative authority 192
of any municipal corporation may purchase the necessary 193
fire-fighting equipment, buildings, and sites for the township, 194
fire district, or municipal corporation and issue securities for 195
that purpose with maximum maturities as provided in section 197
133.20 of the Revised Code. The board of township trustees, 198
board of fire district trustees, or legislative authority may 199
also construct any buildings necessary to house fire-fighting 200
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equipment and issue securities for that purpose with maximum 202
maturities as provided in section 133.20 of the Revised Code. 203
The board of township trustees, board of fire district trustees, 204
or legislative authority may issue the securities of the 205
township, fire district, or municipal corporation, signed by the 207
board or designated officer of the municipal corporation and 208
attested by the signature of the township, fire district, or 209
municipal clerk, covering any deferred payments and payable at 210
the times provided, which securities shall bear interest not to 211
exceed the rate determined as provided in section 9.95 of the 213
Revised Code, and shall not be subject to Chapter 133. of the 214
Revised Code. The legislation authorizing the issuance of the 215
securities shall provide for levying and collecting annually by 217
taxation, amounts sufficient to pay the interest on and principal 218
of the securities. The securities shall be offered for sale on 220
the open market or given to the vendor or contractor if no sale 221
is made.
(E) A board of township trustees of any township or a 223
board of fire district trustees of a fire district created under 224
section 505.371 of the Revised Code may purchase a policy or 225
policies of liability insurance for the officers, employees, and 226
appointees of the fire department, fire district, or joint fire 227
district governed by the board that includes personal injury 228
liability coverage as to the civil liability of those officers, 230
employees, and appointees for false arrest, detention, or 231
imprisonment, malicious prosecution, libel, slander, defamation 232
or other violation of the right of privacy, wrongful entry or 233
eviction, or other invasion of the right of private occupancy, 234
arising out of the performance of their duties. 235
When a board of township trustees cannot, by deed of gift 237
or by purchase and upon terms it considers reasonable, procure 238
land for a township fire station that is needed in order to 239
respond in reasonable time to a fire or medical emergency, the 240
board may appropriate land for that purpose under sections 163.01 242
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to 163.22 of the Revised Code. If it is necessary to acquire 243
additional adjacent land for enlarging or improving the fire 244
station, the board may purchase, appropriate, or accept a deed of 245
gift for the land for these purposes.
(F) As used in this division, "emergency medical service 247
organization" has the same meaning as in section 4766.01 of the 248
Revised Code. 249
A board of township trustees, by adoption of an appropriate 251
resolution, may choose to have the Ohio ambulance licensing board 252
license any emergency medical service it operates. If the board 253
adopts such a resolution, Chapter 4766. of the Revised Code, 254
except for sections 4766.06 and 4766.99 of the Revised Code, 255
applies to the organization. All rules adopted under the 257
applicable sections of that chapter also apply to the 258
organization. A board of township trustees, by adoption of an 259
appropriate resolution, may remove its emergency medical service 260
organization from the jurisdiction of the Ohio ambulance 261
licensing board.
Sec. 505.707. A BOARD OF TOWNSHIP TRUSTEES MAY APPROPRIATE 263
FROM THE TOWNSHIP GENERAL REVENUE FUND MONEYS NOT APPROPRIATED 264
FOR ANY OTHER PURPOSE TO AN ORGANIZATION THAT THE BOARD 265
DETERMINES SERVES A COMMUNITY PURPOSE AND THAT IS EXEMPT FROM 266
FEDERAL TAXATION UNDER SUBSECTION 501(a) AND DESCRIBED IN 268
SUBSECTION 501(c)(3) OF THE "INTERNAL REVENUE CODE OF 1986," 100 270
STAT. 2085, 26 U.S.C. 1, AS AMENDED. 271
Sec. 5535.08. (A) The state, county, and township shall 280
each maintain its roads, as designated in section 5535.01 of the 282
Revised Code; however, the county or township may, by agreement 283
between the board of county commissioners and the board of 285
township trustees, MAY contribute to the repair and maintenance 286
of the roads under the control of the other. The state, county, 287
or township, or any two or more of them, may, by agreement, MAY 288
expend any funds available for road construction, improvement, or 290
repair upon roads inside a village. A village may expend any 291
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funds available for street improvement upon roads outside the
village and leading thereto TO THE VILLAGE. 292
(B)(1) IN THE CASE OF AN EMERGENCY, ANY POLITICAL 294
SUBDIVISION HAVING AUTHORITY TO REPAIR AND MAINTAIN ROADS OR 295
STREETS MAY PROVIDE EMERGENCY ROAD OR STREET REPAIR AND 296
MAINTENANCE ASSISTANCE TO ANY OTHER POLITICAL SUBDIVISION IF THE 297
POLITICAL SUBDIVISION SEEKING TO PROVIDE THE ASSISTANCE HAS
ADOPTED A RESOLUTION OR ORDINANCE STATING THAT IT WILL 298
PARTICIPATE IN THE PROVISION OF EMERGENCY ROAD OR STREET REPAIR 299
AND MAINTENANCE ASSISTANCE WITHIN THIS STATE, ON A CASE BY CASE 300
BASIS, WHENEVER IT IS POSSIBLE FOR THAT POLITICAL SUBDIVISION TO 301
DO SO. THE RESOLUTION OR ORDINANCE SHALL IDENTIFY ANY EMPLOYEES
AUTHORIZED TO PROVIDE THAT ASSISTANCE OUTSIDE THE BOUNDARIES OF 302
THE POLITICAL SUBDIVISION. 303
(2) CHAPTER 2744. OF THE REVISED CODE, INSOFAR AS IT 305
APPLIES TO PERFORMANCE OF ROAD OR STREET REPAIR AND MAINTENANCE 306
SERVICES, APPLIES TO A POLITICAL SUBDIVISION HAVING AUTHORITY TO 307
REPAIR AND MAINTAIN ROADS OR STREETS THAT HAS ADOPTED A
RESOLUTION OR ORDINANCE UNDER DIVISION (B)(1) OF THIS SECTION, 308
AND TO THE EMPLOYEES OF SUCH A POLITICAL SUBDIVISION, WHEN THE 309
EMPLOYEES ARE PROVIDING EMERGENCY ROAD OR STREET REPAIR AND 311
MAINTENANCE ASSISTANCE OUTSIDE THE BOUNDARIES OF THE POLITICAL 312
SUBDIVISION.
(3) EMPLOYEES OF A POLITICAL SUBDIVISION WHO PROVIDE 314
EMERGENCY ROAD OR STREET REPAIR AND MAINTENANCE ASSISTANCE 315
OUTSIDE THE BOUNDARIES OF THAT POLITICAL SUBDIVISION PURSUANT TO 316
A RESOLUTION OR ORDINANCE ADOPTED UNDER DIVISION (B)(1) OF THIS 317
SECTION MAY PARTICIPATE IN ANY PENSION OR INDEMNITY FUND THAT 318
THEIR EMPLOYER ESTABLISHES AND ARE ENTITLED TO ALL RIGHTS AND 319
BENEFITS OF CHAPTER 4123. OF THE REVISED CODE, TO THE SAME EXTENT
AS WHEN PERFORMING ROAD OR STREET REPAIR AND MAINTENANCE SERVICES 320
WITHIN THE POLITICAL SUBDIVISION THAT EMPLOYS THEM. 321
(C)(1) IN NONEMERGENCY SITUATIONS, ANY POLITICAL 323
SUBDIVISION HAVING AUTHORITY TO CONSTRUCT, RECONSTRUCT, 324
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RESURFACE, IMPROVE, REPAIR, AND MAINTAIN ROADS OR STREETS MAY 325
ENTER INTO AN AGREEMENT, UNDER TERMS AGREEABLE TO ALL PARTIES, 326
WITH ANY OTHER POLITICAL SUBDIVISION HAVING THAT AUTHORITY TO
OBTAIN OR PROVIDE ROAD OR STREET CONSTRUCTION, RECONSTRUCTION, 327
RESURFACING, IMPROVEMENT, REPAIR, OR MAINTENANCE SERVICES. THE 328
COST, IF ANY, OF SERVICES OBTAINED UNDER THE AGREEMENT MAY BE 329
PAID FROM GENERAL FUND MONEYS OF THE POLITICAL SUBDIVISION 330
RECEIVING THE SERVICES, OR FROM ANY OTHER FUNDS AVAILABLE FOR THE 331
REPAIR AND MAINTENANCE OF ROADS OR STREETS WITHIN THAT POLITICAL 332
SUBDIVISION.
(2) CHAPTER 2744. OF THE REVISED CODE, INSOFAR AS IT 334
APPLIES TO THE PERFORMANCE OF ROAD OR STREET CONSTRUCTION, 336
RECONSTRUCTION, RESURFACING, IMPROVEMENT, REPAIR, OR MAINTENANCE 337
SERVICES, APPLIES TO A POLITICAL SUBDIVISION HAVING AUTHORITY TO
PERFORM THOSE SERVICES THAT HAS ENTERED INTO AN AGREEMENT 338
AUTHORIZED BY DIVISION (C)(1) OF THIS SECTION, AND TO THE 339
EMPLOYEES OF SUCH A POLITICAL SUBDIVISION, WHEN THE EMPLOYEES ARE 340
PERFORMING THOSE SERVICES OUTSIDE THE BOUNDARIES OF THE POLITICAL 342
SUBDIVISION UNDER THAT AGREEMENT.
(3) EMPLOYEES OF A POLITICAL SUBDIVISION WHO PERFORM ROAD 344
OR STREET CONSTRUCTION, RECONSTRUCTION, RESURFACING, IMPROVEMENT, 345
REPAIR, OR MAINTENANCE SERVICES OUTSIDE THE BOUNDARIES OF THAT 346
POLITICAL SUBDIVISION PURSUANT TO AN AGREEMENT AUTHORIZED BY 347
DIVISION (C)(1) OF THIS SECTION MAY PARTICIPATE IN ANY PENSION OR 348
INDEMNITY FUND THAT THEIR EMPLOYER ESTABLISHES AND ARE ENTITLED 349
TO ALL RIGHTS AND BENEFITS OF CHAPTER 4123. OF THE REVISED CODE,
TO THE SAME EXTENT AS WHEN PERFORMING THOSE SERVICES WITHIN THE 350
POLITICAL SUBDIVISION THAT EMPLOYS THEM. 351
(D) AS USED IN THIS SECTION, "EMERGENCY" MEANS A NATURAL 353
DISASTER, OR A STATE OF EMERGENCY AS DECLARED BY THE GOVERNOR OR 354
A COUNTY SHERIFF, THAT HAS OCCURRED OR BEEN DECLARED IN THE 355
COUNTY, TOWNSHIP, OR MUNICIPAL CORPORATION RECEIVING EMERGENCY 356
ROAD OR STREET REPAIR AND MAINTENANCE ASSISTANCE AUTHORIZED BY 357
THIS SECTION. 358
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Section 2. That existing sections 505.37 and 5535.08 of 360
the Revised Code are hereby repealed. 362