As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 544 5
1999-2000 6
REPRESENTATIVES PETERSON-SCHULER-CALVERT-GRENDELL-TERWILLEGER- 8
TIBERI-TAYLOR-BUEHRER-ROBINSON-HARTNETT-YOUNG-HARRIS- 9
WINKLER-O'BRIEN-CLANCY-KREBS-WIDENER-TRAKAS-OLMAN-HOOPS- 10
AMSTUTZ-STEVENS-SENATORS SCHAFRATH-KEARNS-WHITE- 11
GARDNER-HERINGTON 12
_________________________________________________________________ 14
A B I L L
To amend sections 9.44, 124.13, 124.38, 303.99, 16
325.19, 504.11, 519.99, 711.10, 713.22, and 17
5555.46 of the Revised Code to authorize a 19
regional or county planning commission to send
certain notices by electronic mail as well as 20
regular mail, to require a regional or county
planning commission to send notice to all 21
townships at least thirty days before a public 22
hearing on the adoption or amendment of its
rules, to make changes to the composition of 23
county planning commissions, to extend the period
of time over which property owners may pay 24
special assessments for county road improvements 25
and the maturity of related bonds from ten to
twenty years, to state that the procedures for 27
adopting resolutions in the Township Limited Home
Rule Government Law apply only to resolutions 28
adopted pursuant to that Law, to increase the 29
maximum fines for violating county and township 30
zoning regulations from $100 to $500, to 31
temporarily permit the transfer of surplus moneys 32
in a township artificial lighting fund to another 33
township fund, to authorize certain county
appointing authorities to count prior service 34
2
with a regional council of government for the 35
purpose of determining years of service in the
accrual of earned vacation leave and for the 36
purpose of determining the credit for unused sick 37
leave when an employee transfers, and to declare
an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 39
Section 1. That sections 9.44, 124.13, 124.38, 303.99, 41
325.19, 504.11, 519.99, 711.10, 713.22, and 5555.46 of the 42
Revised Code be amended to read as follows:
Sec. 9.44. (A) Except as otherwise provided in this 51
section, a person employed, other than as an elective officer, by 52
the state or any political subdivision of the state, earning 53
vacation credits currently, is entitled to have his THE 54
EMPLOYEE'S prior service with any of these employers counted as 56
service with the state or any political subdivision of the state, 57
for the purpose of computing the amount of his THE EMPLOYEE'S 58
vacation leave. The anniversary date of his employment for the 60
purpose of computing the amount of his THE EMPLOYEE'S vacation 62
leave, unless deferred pursuant to the appropriate law,
ordinance, or regulation, is the anniversary date of such prior 63
service. 64
(B) To determine prior service for the purpose of 66
computing the amount of vacation leave for a person initially 67
employed on or after July 5, 1987, by: 68
(1) A municipal corporation, the person shall have only 70
his prior service within that municipal corporation counted; 71
(2) A township, the person shall have only his prior 73
service with a township counted. 74
(C) An employee who has retired in accordance with the 76
provisions of any retirement plan offered by the state and who is 77
employed by the state or any political subdivision of the state 78
3
on or after June 24, 1987, shall not have his prior service with 79
the state or, any political subdivision of the state, OR A 81
REGIONAL COUNCIL OF GOVERNMENT ESTABLISHED IN ACCORDANCE WITH 82
CHAPTER 167. OF THE REVISED CODE counted for the purpose of 83
computing vacation leave.
Sec. 124.13. (A) As used in this section, "state 92
employee" means a state employee who does not accrue vacation 93
leave under section 124.134 of the Revised Code. 94
(B) Each full-time state employee or county human services 96
department OF JOB AND FAMILY SERVICES employee, including 97
full-time hourly rate employees, after service of one year with 98
the state, or any political subdivision of the state, shall have 99
earned and will be due upon the attainment of the first year of 100
employment, and annually thereafter, eighty hours of vacation 101
leave with full pay. One year of service shall be computed on 102
the basis of twenty-six biweekly pay periods. A full-time state 103
employee, or county human services department OF JOB AND FAMILY 104
SERVICES employee with eight or more years of service with the 107
state or any political subdivision of the state shall have earned 108
and is entitled to one hundred twenty hours of vacation leave 109
with full pay. A full-time state employee or county human 110
services department OF JOB AND FAMILY SERVICES employee with 111
fifteen or more years of service with the state or any political 113
subdivision of the state shall have earned and is entitled to one 114
hundred sixty hours of vacation leave with full pay. A full-time 115
state employee or county human services department OF JOB AND 116
FAMILY SERVICES employee with twenty-five years of service with 119
the state or any political subdivision of the state shall have 120
earned and is entitled to two hundred hours of vacation leave 121
with full pay. Such vacation leave shall accrue to the employee 122
at the rate of three and one-tenth hours each biweekly period for 123
those entitled to eighty hours per year; four and six-tenths 124
hours each biweekly period for those entitled to one hundred 125
twenty hours per year; six and two-tenths hours each biweekly 126
4
period for those entitled to one hundred sixty hours per year; 127
and seven and seven-tenths hours each biweekly period for those 128
entitled to two hundred hours per year.
THE APPOINTING AUTHORITY OF A COUNTY DEPARTMENT OF JOB AND 130
FAMILY SERVICES MAY PERMIT ALL OR ANY PART OF A PERSON'S PRIOR 131
SERVICE WITH ANY REGIONAL COUNCIL OF GOVERNMENT ESTABLISHED IN 132
ACCORDANCE WITH CHAPTER 167. OF THE REVISED CODE TO BE CONSIDERED 133
SERVICE WITH THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE 134
FOR THE PURPOSE OF DETERMINING YEARS OF SERVICE UNDER THIS
DIVISION.
(C) Full-time state and county human services department 137
OF JOB AND FAMILY SERVICES employees who are in active pay status 138
for less than eighty hours in a pay period, and part-time state 139
employees, shall earn vacation leave on a prorated basis. The 141
ratio between the hours worked and the vacation hours earned by 142
these classes of employees shall be the same as the ratio between 143
the hours worked and the vacation hours earned by a full-time 144
state or county human services department OF JOB AND FAMILY 145
SERVICES employee who works forty hours in a pay period and who 146
has the same amount of service as provided for in this section. 147
(D) An employee shall take vacation leave during the year 150
in which it accrues and is available for use that equals not less 151
than the amount of vacation leave that the employee accrues and 152
has available to use during that year, except that an appointing 154
authority may permit an employee to carry over vacation leave to 155
the following year. As used in this division, "year" means the 156
twelve-month period that commences on an employee's anniversary
date of employment. Employees shall forfeit their right to take 158
or to be paid for any vacation leave to their credit which is in 159
excess of the accrual for three years. Such excess leave shall 160
be eliminated from the employees' leave balance. 161
(E) Upon separation from state service, an employee shall 163
be entitled to compensation at the employee's current rate of pay 166
for all lawfully accrued and unused vacation leave to the
5
employee's credit at the time of separation up to three years. 167
In case of transfer of an employee from one state agency to 168
another, or between a county and the state, the employee may 169
elect to be compensated at the employee's current rate of pay for 170
accrued and unused vacation leave at the time of transfer by the 171
releasing agency or to retain the accrued and unused vacation 172
leave. In case of death of an employee, such unused vacation 173
leave shall be paid in accordance with section 2113.04 of the 174
Revised Code, or to the employee's estate. Notwithstanding
section 325.19 of the Revised Code, county human DEPARTMENT OF 175
JOB AND FAMILY services employees shall receive vacation benefits 177
as provided in this section. 178
Sec. 124.38. Each of the following shall be entitled for 186
each completed eighty hours of service to sick leave of four and 187
six-tenths hours with pay: 188
(A) Employees in the various offices of the county, 190
municipal, and civil service township service, other than 191
superintendents and management employees, as defined in section 192
5126.20 of the Revised Code, of county boards of mental 193
retardation and developmental disabilities; 194
(B) Employees of any state college or university; 196
(C) Employees of any board of education for whom sick 198
leave is not provided by section 3319.141 of the Revised Code. 199
Employees 200
EMPLOYEES may use sick leave, upon approval of the 202
responsible administrative officer of the employing unit, for 203
absence due to personal illness, pregnancy, injury, exposure to 204
contagious disease which THAT could be communicated to other 205
employees, and to illness, injury, or death in the employee's 207
immediate family. Unused sick leave shall be cumulative without 208
limit. When sick leave is used, it shall be deducted from the 209
employee's credit on the basis of one hour for every one hour of 210
absence from previously scheduled work. The 211
THE previously accumulated sick leave of an employee who 214
6
has been separated from the public service shall be placed to his 215
THE EMPLOYEE'S credit upon his THE EMPLOYEE'S re-employment in 216
the public service, provided that such re-employment takes place 217
within ten years of the date on which the employee was last 218
terminated from public service. An employee who transfers from 219
one public agency to another shall be credited with the unused 220
balance of his THE EMPLOYEE'S accumulated sick leave up to the 221
maximum of the sick leave accumulation permitted in the public 223
agency to which the employee transfers. The 224
THE APPOINTING AUTHORITIES OF THE VARIOUS OFFICES OF THE 226
COUNTY SERVICE MAY PERMIT ALL OR ANY PART OF A PERSON'S ACCRUED 227
BUT UNUSED SICK LEAVE ACQUIRED DURING SERVICE WITH ANY REGIONAL 228
COUNCIL OF GOVERNMENT ESTABLISHED IN ACCORDANCE WITH CHAPTER 167. 229
OF THE REVISED CODE TO BE CREDITED TO THE EMPLOYEE UPON A 230
TRANSFER AS IF THE EMPLOYEE WERE TRANSFERRING FROM ONE PUBLIC
AGENCY TO ANOTHER UNDER THIS SECTION. 231
THE appointing authority of each employing unit shall 234
require an employee to furnish a satisfactory written, signed 235
statement to justify the use of sick leave. If medical attention 236
is required, a certificate stating the nature of the illness from 237
a licensed physician shall be required to justify the use of sick 238
leave. Falsification of either a written, signed statement or a 239
physician's certificate shall be grounds for disciplinary action, 240
including dismissal.
This section does not interfere with existing unused sick 242
leave credit in any agency of government where attendance records 243
are maintained and credit has been given employees for unused 244
sick leave. 245
Notwithstanding this section or any other section of the 247
Revised Code, any appointing authority of a county office, 248
department, commission, board, or body may, upon notification to 249
the board of county commissioners, establish alternative 250
schedules of sick leave for employees of the appointing authority 251
for whom the state employment relations board has not established 252
7
an appropriate bargaining unit pursuant to section 4117.06 of the 253
Revised Code, provided that the alternative schedules are not 254
inconsistent with the provisions of a collective bargaining 255
agreement covering other employees of that appointing authority. 256
Sec. 303.99. (A) Whoever violates sections 303.01 to 265
303.25, inclusive, of the Revised Code, shall be fined not more 267
than one FIVE hundred dollars for each offense. 270
Sec. 325.19. (A)(1) The granting of vacation leave under 279
division (A)(1) of this section is subject to divisions (A)(2) 280
and (3) of this section. Each full-time employee in the several 281
offices and departments of the county service, including 282
full-time hourly rate employees, after service of one year with 283
the county or any political subdivision of the state, shall have 284
earned and will be due upon the attainment of the first year of 285
employment, and annually thereafter, eighty hours of vacation 286
leave with full pay. One year of service shall be computed on 287
the basis of twenty-six biweekly pay periods. A full-time county 288
employee with eight or more years of service with the county or 289
any political subdivision of the state shall have earned and is 290
entitled to one hundred twenty hours of vacation leave with full 291
pay. A full-time county employee with fifteen or more years of 292
service with the county or any political subdivision of the state 293
shall have earned and is entitled to one hundred sixty hours of 294
vacation leave with full pay. A full-time county employee with 295
twenty-five years of service with the county or any political 296
subdivision of the state shall have earned and is entitled to two 297
hundred hours of vacation leave with full pay. Such vacation 298
leave shall accrue to the employee at the rate of three and 299
one-tenth hours each biweekly period for those entitled to eighty 300
hours per year; four and six-tenths hours each biweekly period 301
for those entitled to one hundred twenty hours per year; six and 302
two-tenths hours each biweekly period for those entitled to one 303
hundred sixty hours per year; and seven and seven-tenths hours 304
each biweekly period for those entitled to two hundred hours per 305
8
year. 306
THE APPOINTING AUTHORITIES OF THE OFFICES AND DEPARTMENTS 308
OF THE COUNTY SERVICE MAY PERMIT ALL OR ANY PART OF A PERSON'S 309
PRIOR SERVICE WITH ANY REGIONAL COUNCIL OF GOVERNMENT ESTABLISHED 310
IN ACCORDANCE WITH CHAPTER 167. OF THE REVISED CODE TO BE 311
CONSIDERED SERVICE WITH THE COUNTY OR A POLITICAL SUBDIVISION OF 312
THE STATE FOR THE PURPOSE OF DETERMINING YEARS OF SERVICE UNDER
THIS DIVISION. 313
(2) Full-time employees granted vacation leave under 315
division (A)(1) of this section who render any standard of 316
service other than forty hours per week as described in division 317
(J) of this section and who are in active pay status in a 318
biweekly pay period, shall accrue a number of hours of vacation 319
leave during each such pay period that bears the same ratio to 320
the number of hours specified in division (A)(1) of this section 321
as their number of hours which are accepted as full-time in 322
active pay status, excluding overtime hours, bears to eighty 323
hours. 324
(3) Full-time employees granted vacation leave under 326
division (A)(1) of this section who are in active pay status in a 327
biweekly pay period for less than eighty hours or the number of 328
hours of service otherwise accepted as full-time by their 329
employing office or department shall accrue a number of hours of 330
vacation leave during that pay period that bears the same ratio 331
to the number of hours specified in division (A)(1) of this 332
section as their number of hours in active pay status, excluding 333
overtime hours, bears to eighty or the number of hours of service 334
accepted as full-time, whichever is applicable. 335
(B) A board of county commissioners, by resolution, may 337
grant vacation leave with full pay to part-time county employees. 338
A part-time county employee shall be eligible for vacation leave 339
with full pay upon the attainment of the first year of 340
employment, and annually thereafter. The ratio between the hours 341
worked and the vacation hours awarded to a part-time employee 342
9
shall be the same as the ratio between the hours worked and the 343
vacation hours earned by a full-time employee as provided for in 344
this section. 345
(C) Days specified as holidays in section 124.19 of the 347
Revised Code shall not be charged to an employee's vacation 348
leave. Vacation leave shall be taken by the employee during the 349
year in which it accrued and prior to the next recurrence of the 350
anniversary date of the employee's employment, provided the 351
appointing authority may, in special and meritorious cases, 352
permit such employee to accumulate and carry over his THE 353
EMPLOYEE'S vacation leave to the following year. No vacation 355
leave shall be carried over for more than three years. An 356
employee is entitled to compensation, at the employee's current 357
rate of pay, for the prorated portion of any earned but unused 358
vacation leave for the current year to the employee's credit at 359
time of separation, and in addition shall be compensated for any
unused vacation leave accrued to the employee's credit, with the 360
permission of the appointing authority, for the three years 361
immediately preceding the last anniversary date of employment. 362
(D)(1) In addition to vacation leave, a full-time county 364
employee is entitled to eight hours of holiday pay for New Year's 365
day, Martin Luther King day, Washington-Lincoln day, Memorial 366
day, Independence day, Labor day, Columbus day, Veterans' day, 367
Thanksgiving day, and Christmas day, of each year. Except as 369
provided in division (D)(2) of this section, holidays shall occur 370
on the days specified in section 1.14 of the Revised Code. In 371
the event that IF any of the aforesaid THOSE holidays fall on 372
Saturday, the Friday immediately preceding shall be observed as 373
the holiday. In the event that IF any of the aforesaid THOSE 375
holidays fall on Sunday, the Monday immediately succeeding shall 376
be observed as the holiday. If an employee's work schedule is 377
other than Monday through Friday, the employee is entitled to 378
holiday pay for holidays observed on the employee's day off 379
regardless of the day of the week on which they are observed. 380
10
(2)(a) When a classified employee of a county board of 382
mental retardation and developmental disabilities works at a site 383
maintained by a government entity other than the board, such as a 384
public school, the board may adjust the employee's holiday 385
schedule to conform to the schedule adopted by the government 386
entity. Under an adjusted holiday schedule, an employee shall
receive the number of hours of holiday pay granted under division 387
(D)(1) of this section. 388
(b) Pursuant to division (H)(6) of section 339.06 of the 390
Revised Code, a county hospital may observe Martin Luther King 391
day, Washington-Lincoln day, Columbus day, and Veterans' day on 393
days other than those specified in section 1.14 of the Revised 394
Code.
(E) In the case of the death of a county employee, the 396
unused vacation leave and unpaid overtime to the credit of any 397
such employee, shall be paid in accordance with section 2113.04 398
of the Revised Code, or to the employee's estate. 399
(F) Notwithstanding this section or any other section of 401
the Revised Code, any appointing authority of a county office, 402
department, commission, board, or body may, upon notification to 403
the board of county commissioners, establish alternative 404
schedules of vacation leave and holidays for employees of the 405
appointing authority for whom the state employment relations 406
board has not established an appropriate bargaining unit pursuant 407
to section 4117.06 of the Revised Code, provided that the 408
alternative schedules are not inconsistent with the provisions of 409
a collective bargaining agreement covering other employees of 410
that appointing authority. 411
(G) The employees of a county children services board that 413
establishes vacation benefits under section 5153.12 of the 414
Revised Code are exempt from division (A) of this section. 415
(H) The provisions of this section do not apply to 417
superintendents and management employees of county boards of 418
mental retardation and developmental disabilities. 419
11
(I) Division (A) of this section does not apply to an 421
employee of a county board of mental retardation and 422
developmental disabilities who works at, or provides 423
transportation services to pupils of, a special education program 424
provided by the county board pursuant to division (A)(4) of
section 5126.05 of the Revised Code, if the employee's employment 425
is based on a school year and the employee is not subject to a 426
contract with the county board that provides for division (A) of 427
this section to apply to the employee.
(J) As used in this section: 429
(1) "Full-time employee" means an employee whose regular 431
hours of service for a county total forty hours per week, or who 432
renders any other standard of service accepted as full-time by an 433
office, department, or agency of county service. 434
(2) "Part-time employee" means an employee whose regular 436
hours of service for a county total less than forty hours per 437
week, or who renders any other standard of service accepted as 438
part-time by an office, department, or agency of county service, 439
and whose hours of county service total at least five hundred 440
twenty hours annually. 441
(3) "Management employee" has the same meaning as in 443
section 5126.20 of the Revised Code. 444
Sec. 504.11. (A) The vote on the question of passage of 453
each A resolution PROVIDED FOR IN SECTION 504.10 OF THE REVISED 455
CODE or A motion RELATED TO THAT RESOLUTION shall be taken by 456
yeas and nays and entered on the journal, and no THE resolution 457
or motion shall NOT be passed without concurrence of a majority 459
of all members of the board of township trustees, except that 460
each emergency resolution UNDER THAT SECTION shall require the 462
affirmative vote of all of the members of the board for its 463
enactment. If an emergency resolution fails to receive the 464
required vote for passage as an emergency measure but receives 465
the necessary majority for passage as a nonemergency resolution, 466
it shall be considered passed as a nonemergency resolution. 467
12
Except as otherwise provided in division (B) of this section, a 468
resolution shall become effective thirty days after it is filed 469
with the township clerk. Each emergency resolution shall 470
determine that the resolution is necessary for the immediate 471
preservation of the public peace, health, safety, or welfare, and 472
shall contain a statement of the necessity for the emergency. 473
Each resolution shall be authenticated by the signature of the 474
township clerk. However, BUT the failure or refusal of the clerk 476
to sign a resolution shall not invalidate an otherwise properly 477
enacted resolution.
(B) Each resolution appropriating money, submitting a 479
question to the electorate, determining to proceed with an 480
election, or providing for the approval of a revision, 481
codification, recodification, or rearrangement of resolutions, or 482
publication thereof OF RESOLUTIONS in book form, and any 483
emergency resolution, shall take effect, unless a later time is 485
specified in the resolution, ten days after it is filed with the 486
township clerk.
(C) Each resolution shall be recorded in a book, or other 488
record prescribed by the board, established and maintained for 489
that purpose. The township clerk or a duly authorized deputy to 490
the clerk shall, upon the request of any person and upon the 491
payment of a fee established by the board, certify true copies of 492
any resolution, and these certified copies shall be admissible as 493
evidence in any court. 494
(D) THE PROCEDURES PROVIDED IN THIS SECTION APPLY ONLY TO 496
RESOLUTIONS ADOPTED PURSUANT TO A TOWNSHIP'S LIMITED HOME RULE 497
POWERS AS AUTHORIZED BY THIS CHAPTER. 498
Sec. 519.99. (A) Whoever violates sections 519.01 to 507
519.25, inclusive, of the Revised Code shall be fined not more 510
than one FIVE hundred dollars for each offense. 512
Sec. 711.10. Whenever a county planning commission or a 521
regional planning commission adopts a plan for the major streets 522
or highways of the county or region, then no plat of a 523
13
subdivision of land within the county or region, other than land 524
within a municipal corporation or land within three miles of a 525
city or one and one-half miles of a village as provided in 526
section 711.09 of the Revised Code, shall be recorded until it is 527
approved by the county or regional planning commission and the 528
approval is endorsed in writing on the plat. Within five days 529
after the submission of a plat for approval, the county or 531
regional planning commission shall schedule a meeting to consider 532
the plat and send a written notice by regular mail OR BY 533
ELECTRONIC MAIL to the clerk of the board of township trustees of 535
the township in which a proposed THE plat is located. The notice 536
shall inform the trustees of the submission of the proposed plat 538
and of the date, time, and location of any meeting at which the 539
county or regional planning commission will consider or act upon 540
the proposed plat. The meeting shall take place within thirty 541
days after submission of the plat, and no meeting shall be held 542
until at least seven days have passed from the date the notice 544
was sent by the planning commission. The 545
THE approval of the planning commission or the refusal to 548
approve shall be endorsed on the plat within thirty days after 549
the submission of the plat for approval, or within such further 550
time as the applying party may agree to in writing; otherwise 551
that plat is deemed approved, and the certificate of the planning 552
commission as to the date of the submission of the plat for 553
approval and the failure to take action on it within that time 554
shall be sufficient in lieu of the written endorsement or 556
evidence of approval required by this section. A county or 557
regional planning commission shall not require a person 558
submitting the plat to alter the plat or any part of it as a 559
condition for approval, as long as the plat is in accordance with 560
the general rules governing plats and subdivisions of land, 561
adopted by the commission as provided in this section, in effect 562
at the time the plat was IS submitted. The ground of refusal of 564
approval of any plat submitted, including citation of or 565
14
reference to the rule violated by the plat, shall be stated upon 566
the record of the commission. Within sixty days after the 567
refusal, the person submitting any plat which THAT the county or 569
regional planning commission refuses to approve may file a 570
petition in the court of common pleas of the proper county, and 571
the proceedings on the petition shall be governed by section 572
711.09 of the Revised Code as in the case of the refusal of a 573
planning authority to approve a plat. A board of township 574
trustees is not entitled to appeal a decision of the county or 575
regional planning commission under this section. 576
Any such A county or regional planning commission shall 578
adopt general rules, of uniform application, governing plats and 579
subdivisions of land falling within its jurisdiction, to secure 580
and provide for the proper arrangement of streets or other 581
highways in relation to existing or planned streets or highways 582
or to the county or regional plan, for adequate and convenient 583
open spaces for traffic, utilities, access of fire-fighting 584
FIREFIGHTING apparatus, recreation, light, and air, and for the 586
avoidance of congestion of population. The rules may provide for 587
their modification by the county or regional planning commission 589
in specific cases where unusual topographical and other 590
exceptional conditions require the modification. The rules may 591
require the county department of health to review and comment on 592
a plat before the county or regional planning commission acts 593
upon it and may also require proof of compliance with any 594
applicable zoning resolutions as a basis for approval of a plat. 595
Before adoption of its rules or amendment of its rules, a 598
public hearing shall be held on the adoption or amendment by the 600
commission. However, no NOTICE OF THE PUBLIC HEARING SHALL BE
SENT TO ALL TOWNSHIPS IN THE COUNTY OR REGION BY REGULAR MAIL OR 601
ELECTRONIC MAIL AT LEAST THIRTY DAYS BEFORE THE HEARING. NO 602
county or regional planning commission shall adopt any rules 603
requiring actual construction of streets or other improvements or 604
facilities or assurance of that construction as a condition 605
15
precedent to the approval of a plat of a subdivision unless the 607
requirements have first been adopted by the board of county
commissioners after a public hearing. A copy of the rules shall 610
be certified by the planning commission to the county recorders
of the appropriate counties. After 611
AFTER a county or regional street or highway plan has been 614
adopted as provided in this section, the approval of plats and 615
subdivisions provided for in this section shall be in lieu of any 616
approvals provided for in other sections of the Revised Code, so 617
far as the territory within the approving jurisdiction of the 618
county or regional planning commission, as provided in this 619
section, is concerned. Approval of a plat shall not be an 620
acceptance by the public of the dedication of any street, 621
highway, or other way or open space shown upon the plat. Any 622
such county or regional planning commission and a city or village 623
planning commission, or platting commissioner or legislative 624
authority of a village, with subdivision regulation jurisdiction 625
over unincorporated territory within the county or region may 626
cooperate and agree by written agreement that the approval of a 627
plat by the city or village planning commission, or platting 628
commissioner or legislative authority of a village, as provided 629
in section 711.09 of the Revised Code, shall be conditioned upon 630
receiving advice from or approval by the county or regional 631
planning commission.
Sec. 713.22. (A) The board of county commissioners of any 640
county may, and on petition of the planning commissions of a 641
majority of the municipal corporations in the county having such 642
THOSE planning commissions shall, provide for the organization 645
and maintenance of a county planning commission. Except as 646
provided in division (B) of this section, a A county planning 648
commission shall consist of eight members appointed by the board 649
of county commissioners, together with the members of the board 650
of county commissioners. If, OR THEIR ALTERNATES DESIGNATED IN 652
ACCORDANCE WITH THIS DIVISION, AND EIGHT OTHER MEMBERS APPOINTED 653
16
BY THE BOARD IN ACCORDANCE WITH DIVISIONS (B)(1) TO (4) OF THIS 654
SECTION OR THEIR ALTERNATES DESIGNATED AND APPROVED IN ACCORDANCE 656
WITH THIS DIVISION. ANY ALTERNATE DESIGNATED UNDER THIS DIVISION 657
SHALL BE A RESIDENT OF THE COUNTY. 658
TO DESIGNATE AN ALTERNATE FOR A MEMBER OF THE BOARD OF 660
COUNTY COMMISSIONERS, THE BOARD MEMBER SHALL SEND A LETTER OF 661
APPOINTMENT TO THE ALTERNATE AND DELIVER A COPY OF THAT LETTER TO 662
THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS. AT THE NEXT 663
REGULAR MEETING OF THE BOARD, THE CLERK SHALL INFORM THE BOARD OF 664
THE DESIGNATION OF THE ALTERNATE, AND THE BOARD SHALL HAVE THE 665
DESIGNATION ENTERED ON THE JOURNAL. 666
TO DESIGNATE AN ALTERNATE FOR ANY OTHER MEMBER OF THE 668
PLANNING COMMISSION, THE MEMBER SHALL SEND A LETTER OF 669
APPOINTMENT TO THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS 670
DESIGNATING AN INDIVIDUAL TO SERVE AS THAT MEMBER'S ALTERNATE. 672
AT THE NEXT REGULAR MEETING OF THE BOARD, THE CLERK SHALL INFORM
THE BOARD OF THE DESIGNATION OF THE ALTERNATE, WHICH DESIGNATION 674
THE BOARD MAY EITHER APPROVE OR DISAPPROVE. THE BOARD SHALL 675
ENTER ITS DECISION ON THE BOARD'S JOURNAL AND, IF THE ALTERNATE 676
IS APPROVED, DESIGNATE THE NAME OF THE ALTERNATE ON THE JOURNAL. 677
THE CLERK OF THE BOARD SHALL NOTIFY THE COMMISSION MEMBER OF THE 678
BOARD'S ACTION, AND THE COMMISSION MEMBER SHALL INFORM THE 679
ALTERNATE.
A DESIGNATED ALTERNATE SHALL SERVE AT THE PLEASURE OF THE 682
MEMBER WHO MAKES THE DESIGNATION. REMOVAL OF AN ALTERNATE SHALL 683
BE MADE BY A LETTER OF REMOVAL, DELIVERED AND JOURNALIZED BY THE 684
SAME METHOD THAT THE ALTERNATE WAS DESIGNATED.
ONCE AN ALTERNATE IS DESIGNATED FOR A MEMBER OF THE 686
PLANNING COMMISSION, IF THAT COMMISSION MEMBER IS ABSENT FROM A 687
PLANNING COMMISSION MEETING, THE ALTERNATE HAS THE RIGHT TO VOTE 689
AND PARTICIPATE IN ALL PROCEEDINGS AND ACTIONS OF THE COMMISSION 690
AT THAT MEETING AS IF THAT ALTERNATE WERE THE COMMISSION MEMBER. 691
(B)(1) EXCEPT AS PROVIDED FOR COUNTIES WITH TWO OR LESS 693
TOWNSHIPS IN DIVISION (B)(4) OF THIS SECTION, IF the population 694
17
of the portion of any city located in the county exceeds fifty 697
per cent of the total population of the county, then at least THE 698
BOARD OF COUNTY COMMISSIONERS SHALL SELECT three of the 700
appointive members shall be selected from persons nominated by 701
the planning commission of that city. Otherwise, three members 702
shall be appointed from municipal corporations within the county. 703
The board shall appoint three members from the unincorporated 707
area TERRITORY of the county from persons nominated RECOMMENDED 709
by the townships to the county. If, EXCEPT THAT, IF ONE OR MORE 710
OF THOSE TOWNSHIPS IN the county contains one or more IS A 711
limited home rule government townships TOWNSHIP, then THE BOARD 713
SHALL APPOINT at least one of these three township appointees 715
shall be from the nominees of PERSONS RECOMMENDED BY a limited 716
home rule government township. The remaining two appointees 717
shall be selected at the discretion of the board and shall be 718
citizens RESIDENTS of the county, one residing in the 720
unincorporated area TERRITORY of the county and representing 722
townships and the other residing in the incorporated area 723
TERRITORY of the county and representing municipal corporations 725
in the county.
(B) If a county contains two or less townships with 728
unincorporated territory, a county planning commission shall 729
consist of eight citizens of the county appointed by the board of 732
county commissioners, together with the members of the board of 734
county commissioners, except that if the population of the 735
portion of any city located in the county exceeds fifty per cent 736
of the total population of the county, then at least three of the 737
appointive members shall be selected from persons nominated by 739
the planning commission of that city. Otherwise, appointees 741
shall be selected at the discretion of the board and shall be 742
citizens of the county. 744
(2) EXCEPT AS PROVIDED FOR COUNTIES WITH TWO OR LESS 746
TOWNSHIPS IN DIVISION (B)(4) OF THIS SECTION, IF A COUNTY DOES 747
NOT CONTAIN THE PORTION OF ANY CITY WITH AT LEAST FIFTY PER CENT 749
18
OF THE TOTAL POPULATION OF THE COUNTY BUT CONTAINS ONE OR MORE 750
LIMITED HOME RULE GOVERNMENT TOWNSHIPS, ONE OF THE APPOINTEES
SHALL BE A RESIDENT OF A LIMITED HOME RULE GOVERNMENT TOWNSHIP IN 751
THE COUNTY, SELECTED AT THE DISCRETION OF THE BOARD OF COUNTY 752
COMMISSIONERS FROM PERSONS RECOMMENDED BY A LIMITED HOME RULE 754
GOVERNMENT TOWNSHIP IN THE COUNTY. ONE APPOINTEE SHALL BE A 755
RESIDENT OF THE MUNICIPAL CORPORATION WITH THE LARGEST POPULATION
CONTAINED WITHIN THE PORTION OF THE MUNICIPAL CORPORATION LOCATED 756
IN THE COUNTY, SELECTED AT THE DISCRETION OF THE BOARD OF COUNTY 758
COMMISSIONERS FROM PERSONS RECOMMENDED BY THAT MUNICIPAL 760
CORPORATION. THE REMAINING SIX APPOINTEES SHALL BE RESIDENTS OF 762
THE COUNTY, SELECTED AT THE DISCRETION OF THE BOARD OF COUNTY
COMMISSIONERS. 763
(3) EXCEPT AS PROVIDED FOR COUNTIES WITH TWO OR LESS 765
TOWNSHIPS IN DIVISION (B)(4) OF THIS SECTION, IF A COUNTY DOES 766
NOT CONTAIN THE PORTION OF ANY CITY WITH AT LEAST FIFTY PER CENT 768
OF THE TOTAL POPULATION OF THE COUNTY AND DOES NOT CONTAIN A
LIMITED HOME RULE GOVERNMENT TOWNSHIP, THE BOARD OF COUNTY 770
COMMISSIONERS SHALL APPOINT EIGHT RESIDENTS OF THE COUNTY 771
SELECTED AT THE DISCRETION OF THE BOARD.
(4) IF A COUNTY CONTAINS TWO OR LESS TOWNSHIPS WITH 773
UNINCORPORATED TERRITORY, THE BOARD OF COUNTY COMMISSIONERS SHALL 774
APPOINT EIGHT RESIDENTS OF THE COUNTY SELECTED AT THE DISCRETION 776
OF THE BOARD, EXCEPT THAT, IF THE POPULATION OF THE PORTION OF
ANY CITY LOCATED IN THE COUNTY EXCEEDS FIFTY PER CENT OF THE 778
TOTAL POPULATION OF THE COUNTY, THEN AT LEAST THREE OF THE 779
APPOINTIVE MEMBERS SHALL BE SELECTED FROM PERSONS NOMINATED BY 780
THE PLANNING COMMISSION OF THAT CITY. 781
(C) The SUBJECT TO DIVISION (F) OF THIS SECTION, THE 783
appointive members of a county planning commission shall be 784
appointed for terms of three years, except that, of the eight 786
members first appointed, three shall be appointed for terms of 788
two years, and two shall be appointed for a term of one year. 789
The members shall serve without pay. Any member of a county 790
19
planning commission may hold any other public office and may 791
serve as a member of a city, village, and regional planning 792
commission, except as otherwise provided in the charter of any 793
city or village.
(D) The expenses of the appointive members of a county 795
planning commission and the compensation of planning commission 796
employees shall be paid from appropriations made by the board. 798
The county planning commission may employ engineers, 800
accountants, consultants, and employees as are necessary, and 801
make such purchases as may be needed to the furtherance of its 802
operation. 803
The county planning commission may accept, receive, and 805
expend funds, grants, and services from the federal government or 806
its agencies, from departments, agencies, and instrumentalities 807
of this state or any adjoining state or, from one or more 808
counties of this state or any adjoining state or, from any 810
municipal corporation or political subdivision of this or any 811
adjoining state, including A county, regional, and municipal 812
planning commission of this or any adjoining state, or from civic 813
sources, and MAY contract with respect thereto, either separately 814
or, jointly, or cooperatively, and MAY provide such information 816
and reports as may be necessary to secure such financial aid. 818
(E) A county planning commission may adopt a policy under 822
which members of the board of county commissioners, as members of 823
that commission, OR THEIR DESIGNATED ALTERNATES must abstain from 824
participating and voting on the commission's recommendation, 825
whenever a county planning commission is required by section 826
303.12 of the Revised Code to recommend the approval or denial of 829
a proposed amendment or approval of some modification of an 830
amendment to the county zoning resolution, or IS required by 831
section 303.07 of the Revised Code to approve or disapprove, or 833
make suggestions about, a proposed county zoning resolution. The 835
policy may require that a quorum of the commission under those 836
circumstances be determined on the basis of an eight-member 837
20
commission instead of an eleven-member commission. 838
(F) IF AT ANY TIME A CHANGE OCCURS WITHIN A COUNTY SO THAT 840
THE POPULATION OF A PORTION OF A CITY WITHIN THE COUNTY EXCEEDS 841
OR NO LONGER EXCEEDS FIFTY PER CENT OF THE TOTAL POPULATION OF 842
THE COUNTY OR A TOWNSHIP BECOMES A LIMITED HOME RULE GOVERNMENT 843
TOWNSHIP, THUS CREATING A SITUATION WHERE THE MEMBERSHIP OF A 844
COUNTY PLANNING COMMISSION SHOULD BE ALTERED TO COMPLY WITH THE 845
MEMBERSHIP REQUIREMENTS OF DIVISION (B) OF THIS SECTION, WITHIN 846
THIRTY DAYS AFTER THE EFFECTIVE DATE OF EITHER OF THOSE TYPES OF 847
CHANGE, THE BOARD OF COUNTY COMMISSIONERS, IN THE BOARD'S 849
DISCRETION, MAY MAKE CHANGES ON THE COMMISSION BY RESOLUTION SO 850
THAT ITS MEMBERSHIP REPRESENTATION COMPLIES WITH DIVISION (B) OF 853
THIS SECTION. IF THE BOARD DOES NOT ADOPT A RESOLUTION TO SO 854
CHANGE THE COMMISSION'S MEMBERSHIP, THE BOARD SHALL PHASE IN THE 856
NECESSARY CHANGES IN THE COMMISSION'S MEMBERSHIP BY WAITING UNTIL 857
A MEMBER'S TERM OF OFFICE EXPIRES AND APPOINTING NEW MEMBERS SO 860
AS TO MEET THE REPRESENTATION REQUIREMENTS OF DIVISION (B) OF 861
THIS SECTION AS SOON AS POSSIBLE WITHOUT INTERFERING WITH ANY 862
MEMBER'S TERM OF OFFICE. 863
Sec. 5555.46. All assessments, with interest accrued 872
thereon ON THEM, made under sections 5555.01 to 5555.72, 873
inclusive, of the Revised Code, shall be placed by the county 875
auditor upon a special duplicate to be collected as other taxes, 876
and the principal shall be payable in not more than twenty FORTY 877
semiannual installments extending over a period of not more than 879
ten TWENTY years, as determined by the board of county 881
commissioners. If any assessment is twenty-five dollars or less, 882
or if the unpaid balance of any such assessment is twenty-five 883
dollars or less, it shall be paid in full, and not in 884
installments, at the time the first or next installment would 885
otherwise become due and payable. In the event that 886
IF bonds are issued to pay the compensation, damages, and 889
expenses incident to the improvement, the principal sum of such 890
THE assessments shall be payable in such THE number of equal 891
21
semiannual installments as THAT will provide a fund for the 892
redemption of the bonds so issued. Such THE assessments shall 895
bear interest from the date of THE ISSUANCE OF THE BONDS and at 897
the same rate as the bonds, and the interest shall be collected 899
in like THE SAME manner as the principal of such THE assessments. 901
Section 2. That existing sections 9.44, 124.13, 124.38, 903
303.99, 325.19, 504.11, 519.99, 711.10, 713.22, and 5555.46 of 904
the Revised Code are hereby repealed. 905
Section 3. Notwithstanding anything to the contrary in 907
section 713.22 of the Revised Code, the change in the composition 908
of a county planning commission required under that section as 909
amended by this act shall be implemented so that any member 910
serving on the commission on the effective date of this act 911
serves out the member's term of office, even if the membership 912
would not then meet the representation requirements in section 913
713.22 of the Revised Code, unless the board of county 914
commissioners within thirty days after the effective date of this 915
act determines, by resolution, that the commission's membership
should comply with the representation requirements enacted by 916
this act. If the board so determines to comply with those 917
representation requirements, the board may remove members from 918
the commission and may appoint members to the commission whose 919
appointments comply with those representation requirements.
Otherwise, as new members are appointed to the commission, the 920
new members shall be appointed so as to meet the representation 921
requirements enacted by this act as soon as possible without 922
interfering with any member's term of office. 923
Section 4. Within thirty days after the effective date of 925
this act, the clerk of any township that has created a fund for 926
the deposit of special assessments for artificial lighting as 927
provided in section 515.08 of the Revised Code may transfer any 928
surplus in that fund to another township fund if all of the 929
following conditions are met: 930
(1) The surplus has occurred due to overcharges by the 932
22
company providing the artificial lighting. 933
(2) The board of township trustees adopts a resolution 935
finding that the surplus has occurred and indicating the exact 936
amount of the surplus. 937
(3) That resolution requests the clerk to transfer the 939
surplus to another fund within the township treasury and 940
indicates the specific township account to which the surplus is 941
to be transferred. 942
No surplus shall be transferred as provided in this section 944
after the thirtieth day after the effective date of this act. 945
Section 5. Section 124.38 of the Revised Code is presented 947
in this act as a composite of the section as amended by both Sub. 949
H.B. 403 and Am. Sub. S.B. 358 of the 120th General Assembly,
with the new language of neither of the acts shown in capital 951
letters. This is in recognition of the principle stated in 952
division (B) of section 1.52 of the Revised Code that such 953
amendments are to be harmonized where not substantively 954
irreconcilable and constitutes a legislative finding that such is 955
the resulting version in effect prior to the effective date of 956
this act.
Section 6. This act is hereby declared to be an emergency 958
measure necessary for the immediate preservation of the public 959
peace, health, and safety. The reason for this necessity is that 960
the terms of members serving on some county planning commissions 961
are coming to an end and, to ensure that new appointees to those 962
commissions will meet the representation requirements enacted by 964
this act instead of the representation requirements in effect 966
prior to the effective date of this act, the new representation 967
requirements must go into effect as soon as possible. Therefore, 968
this act shall go into immediate effect.