As Reported by House Local Government and Townships Committee 1
123rd General Assembly 4
Regular Session Am. H. B. No. 701 5
1999-2000 6
REPRESENTATIVES PETERSON-GOODMAN-AUSTRIA-TRAKAS-ALLEN- 8
HOLLISTER-BUEHRER-HOOPS-HARRIS-KRUPINSKI-PRINGLE-CLANCY- 9
FLANNERY-EVANS-TERWILLEGER-DAMSCHRODER-A. CORE-TAYLOR- 10
CAREY-KRUPINSKI-YOUNG-REDFERN 11
_________________________________________________________________ 12
A B I L L
To amend sections 301.28, 955.07, and 955.14 and to 14
enact section 955.013 of the Revised Code to 15
authorize county auditors to allow for the 16
registration of dogs and kennels via the Internet 18
and to accept the payment of dog and kennel
registration fees by financial transaction 20
devices, and to provide for the retention of dog
and kennel registration records only until a 21
county audit is performed by the Auditor of State 22
or for a period of two years, whichever is later.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 301.28, 955.07, and 955.14 be 26
amended and section 955.013 of the Revised Code be enacted to 28
read as follows:
Sec. 301.28. (A) As used in this section: 37
(1) "Financial transaction device" includes a credit card, 40
debit card, charge card, or prepaid or stored value card.
(2) "County expenses" includes fees, costs, taxes, 42
assessments, fines, penalties, payments, or any other expense a 43
person owes to a county office under the authority of a county 44
elected official OTHER THAN DOG REGISTRATION AND KENNEL FEES 45
REQUIRED TO BE PAID UNDER CHAPTER 955. OF THE REVISED CODE. 47
(3) "County elected official" includes the county auditor, 50
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county treasurer, county engineer, county recorder, county 51
prosecuting attorney, county sheriff, and county coroner, and the
clerk of the court of common pleas, the clerk of a 52
county-operated municipal court, and the clerk of a county court. 54
(B) Notwithstanding any other section of the Revised Code 56
and except as provided in division (D) of this section, a board 58
of county commissioners may adopt a resolution authorizing the 59
acceptance of payments by financial transaction devices for 60
county expenses. The resolution shall include the following: 61
(1) A specification of those county elected officials who 63
are authorized to accept payments by financial transaction 64
devices;
(2) A list of county expenses that may be paid for through 67
the use of a financial transaction device;
(3) Specific identification of financial transaction 69
devices that the board authorizes as acceptable means of payment 71
for county expenses. Uniform acceptance of financial transaction 72
devices among different types of county expenses is not required. 73
(4) The amount, if any, authorized as a surcharge or 75
convenience fee under division (E) of this section for persons 76
using a financial transaction device. Uniform application of 78
surcharges or convenience fees among different types of county 79
expenses is not required.
(5) A specific provision as provided in division (G) of 81
this section requiring the payment of a penalty if a payment made 82
by means of a financial transaction device is returned or 83
dishonored for any reason.
The board's resolution shall also designate the county 85
treasurer as an administrative agent to solicit proposals, within 86
guidelines established by the board in the resolution and in 87
compliance with the procedures provided in division (C) of this 88
section, from financial institutions, issuers of financial 89
transaction devices, and processors of financial transaction 90
devices, to make recommendations about those proposals to the 91
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board, and to assist county offices in implementing the county's 92
financial transaction devices program. The county treasurer may 93
decline this responsibility within thirty days after receiving a 94
copy of the board's resolution by notifying the board in writing 95
within that period. If the treasurer so notifies the board, the 96
board shall perform the duties of the administrative agent.
If the county treasurer is the administrative agent and 98
fails to administer the county financial transaction devices 99
program in accordance with the guidelines in the board's 100
resolution, the board shall notify the treasurer in writing of 101
the board's findings, explain the failures, and give the
treasurer six months to correct the failures. If the treasurer 102
fails to make the appropriate corrections within that six-month 103
period, the board may pass a resolution declaring the board to be 104
the administrative agent. The board may later rescind that 105
resolution at its discretion.
(C) The county shall follow the procedures provided in 107
this division whenever it plans to contract with financial 108
institutions, issuers of financial transaction devices, or 109
processors of financial transaction devices for the purposes of 110
this section. The administrative agent shall request proposals 111
from at least three financial institutions, issuers of financial 112
transaction devices, or processors of financial transaction 113
devices, as appropriate in accordance with the resolution adopted 115
under division (B) of this section. Prior to sending any
financial institution, issuer, or processor a copy of any such 116
request, the county shall advertise its intent to request 117
proposals in a newspaper of general circulation in the county 118
once a week for two consecutive weeks. The notice shall state 119
that the county intends to request proposals; specify the purpose 120
of the request; indicate the date, which shall be at least ten
days after the second publication, on which the request for 121
proposals will be mailed to financial institutions, issuers, or 123
processors; and require that any financial institution, issuer, 124
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or processor, whichever is appropriate, interested in receiving 125
the request for proposals submit written notice of this interest 127
to the county not later than noon of the day on which the request
for proposals will be mailed. 128
Upon receiving the proposals, the administrative agent 130
shall review them and make a recommendation to the board of 131
county commissioners on which proposals to accept. The board of 132
county commissioners shall consider the agent's recommendation 133
and review all proposals submitted, and then may choose to
contract with any or all of the entities submitting proposals, as 135
appropriate. The board shall provide any financial institution, 136
issuer, or processor that submitted a proposal, but with which 137
the board does not enter into a contract, notice that its 139
proposal is rejected. The notice shall state the reasons for the 140
rejection, indicate whose proposals were accepted, and provide a
copy of the terms and conditions of the successful bids. 141
(D) A board of county commissioners adopting a resolution 143
under this section shall send a copy of the resolution to each 145
county elected official in the county who is authorized by the 146
resolution to accept payments by financial transaction devices. 147
After receiving the resolution and before accepting payments by 148
financial transaction devices, a county elected official shall 149
provide written notification to the board of county commissioners 150
of the official's intent to implement the resolution within the 151
official's office. Each county office subject to the board's 153
resolution adopted under division (B) of this section may use
only the financial institutions, issuers of financial transaction 154
devices, and processors of financial transaction devices with 155
which the board of county commissioners contracts, and each such 156
office is subject to the terms of those contracts. 157
If a county office under the authority of a county elected 160
official is directly responsible for collecting one or more 161
county expenses and the county elected official determines not to 163
accept payments by financial transaction devices for one or more 164
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of those expenses, the office shall not be required to accept 165
payments by financial transaction devices, notwithstanding the 166
adoption of a resolution by the board of county commissioners 167
under this section.
Any office of a clerk of the court of common pleas that 169
accepts financial transaction devices on or before July 1, 1999, 170
and any other county office that accepted such devices before 171
January 1, 1998, may continue to accept such devices without 172
being subject to any resolution passed by the board of county 173
commissioners under division (B) of this section, or any other 174
oversight by the board of the office's financial transaction 175
devices program. Any such office may use surcharges or
convenience fees in any manner the county elected official in 176
charge of the office determines to be appropriate, and, if the 177
county treasurer consents, may appoint the county treasurer to be 178
the office's administrative agent for purposes of accepting 179
financial transaction devices. In order not to be subject to the 180
resolution of the board of county commissioners adopted under
division (B) of this section, a county office shall notify the 181
board in writing within thirty days after the effective date of 182
this section MARCH 30, 1999, that it accepted financial 184
transaction devices prior to January 1, 1998, or, in the case of 185
the office of a clerk of the court of common pleas, the clerk has 187
accepted or will accept such devices on or before July 1, 1999. 189
Each such notification shall explain how processing costs
associated with financial transaction devices are being paid and 190
shall indicate whether surcharge or convenience fees are being 191
passed on to consumers.
(E) A board of county commissioners may establish a 194
surcharge or convenience fee that may be imposed upon a person 195
making payment by a financial transaction device. The surcharge 196
or convenience fee shall not be imposed unless authorized or 197
otherwise permitted by the rules prescribed by an agreement 198
governing the use and acceptance of the financial transaction 199
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device.
If a surcharge or convenience fee is imposed, every county 201
office accepting payment by a financial transaction device, 202
regardless of whether that office is subject to a resolution 203
adopted by a board of county commissioners, shall clearly post a 204
notice in that office and shall notify each person making a
payment by such a device about the surcharge or fee. Notice to 205
each person making a payment shall be provided regardless of the 206
medium used to make the payment and in a manner appropriate to 207
that medium. Each notice shall include all of the following: 208
(1) A statement that there is a surcharge or convenience 210
fee for using a financial transaction device; 211
(2) The total amount of the charge or fee expressed in 213
dollars and cents for each transaction, or the rate of the charge 214
or fee expressed as a percentage of the total amount of the 215
transaction, whichever is applicable; 216
(3) A clear statement that the surcharge or convenience 218
fee is nonrefundable.
(F) If a person elects to make a payment to the county by 221
a financial transaction device and a surcharge or convenience fee 222
is imposed, the payment of the surcharge or fee shall be 223
considered voluntary and the surcharge or fee is not refundable. 224
(G) If a person makes payment by financial transaction 227
device and the payment is returned or dishonored for any reason, 228
the person is liable to the county for payment of a penalty over 229
and above the amount of the expense due. The board of county 230
commissioners shall determine the amount of the penalty, which 231
may be either a fee not to exceed twenty dollars or payment of 232
the amount necessary to reimburse the county for banking charges, 233
legal fees, or other expenses incurred by the county in 234
collecting the returned or dishonored payment. The remedies and 235
procedures provided in this section are in addition to any other 236
available civil or criminal remedies provided by law. 237
(H) No person making any payment by financial transaction 240
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device to a county office shall be relieved from liability for 241
the underlying obligation except to the extent that the county 242
realizes final payment of the underlying obligation in cash or 243
its equivalent. If final payment is not made by the financial 244
transaction device issuer or other guarantor of payment in the 245
transaction, the underlying obligation shall survive and the 246
county shall retain all remedies for enforcement that would have 247
applied if the transaction had not occurred. 248
(I) A county elected official or employee who accepts a 251
financial transaction device payment in accordance with this 252
section and any applicable state or local policies or rules is 253
immune from personal liability for the final collection of such 254
payments.
Sec. 955.013. (A) AS USED IN THIS SECTION: 256
(1) "FINANCIAL TRANSACTION DEVICE" HAS THE SAME MEANING AS 258
IN SECTION 301.28 OF THE REVISED CODE. 259
(2) "INTERNET" MEANS THE INTERNATIONAL COMPUTER NETWORK OF 261
BOTH FEDERAL AND NONFEDERAL INTEROPERABLE PACKET SWITCHED DATA 262
NETWORKS, INCLUDING THE GRAPHICAL SUBNETWORK CALLED THE WORLD 263
WIDE WEB.
(B) A COUNTY AUDITOR MAY ESTABLISH PROCEDURES AND TAKE 265
ACTIONS THAT ARE NECESSARY TO ALLOW FOR EITHER OR BOTH OF THE 266
FOLLOWING:
(1) THE REGISTRATION OF DOGS AND KENNELS UNDER THIS 268
CHAPTER VIA THE INTERNET; 269
(2) THE PAYMENT OF DOG AND KENNEL REGISTRATION FEES UNDER 271
THIS CHAPTER BY FINANCIAL TRANSACTION DEVICES, INCLUDING PAYMENT 272
BY FINANCIAL TRANSACTION DEVICES VIA THE INTERNET. THE 273
PROCEDURES ESTABLISHED UNDER DIVISION (B)(2) OF THIS SECTION 274
SHALL BE SUBSTANTIALLY SIMILAR TO PROCEDURES ESTABLISHED BY THE 275
APPLICABLE BOARD OF COUNTY COMMISSIONERS FOR THE ACCEPTANCE OF 276
PAYMENT OF OTHER COUNTY EXPENSES BY FINANCIAL TRANSACTION DEVICES 277
UNDER SECTION 301.28 OF THE REVISED CODE IF THE COUNTY HAS 278
ADOPTED A RESOLUTION UNDER THAT SECTION. 279
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Sec. 955.07. Upon the filing of the application for 289
registration required by sections 955.01 and 955.04 of the 290
Revised Code and upon the payment of the registration fee and the 291
administrative fee, if applicable, the county auditor shall 292
assign a distinctive number to every dog or dog kennel described
in such THE application, and shall deliver a certificate of 294
registration bearing such THE number to the owner thereof OF THE 296
DOG OR DOG KENNEL. A permanent record of all certificates of 297
registration issued, together with the applications therefor FOR 298
REGISTRATION, shall be kept by such THE auditor in a dog and 300
kennel register, which FOR TWO YEARS OR UNTIL AFTER AN AUDIT 301
PERFORMED BY THE AUDITOR OF STATE, WHICHEVER IS LATER. THIS 302
RECORD shall be open to the inspection of any person during 303
reasonable business hours.
Sec. 955.14. (A) Notwithstanding section 955.01 of the 313
Revised Code, a board of county commissioners by resolution may 316
increase dog and kennel registration fees in the county. The 317
amount of the fees shall not exceed an amount that the board, in 318
its discretion, estimates is needed to pay all expenses for the 319
administration of this chapter and to pay claims allowed for 320
animals, fowl, or poultry injured or destroyed by dogs. Such a 321
resolution shall be adopted not earlier than the first day of 322
February and not later than the thirty-first day of August of any 324
year and shall apply to the registration period commencing on the 327
first day of December of the current year and ending on the 328
thirty-first day of January of the following year, unless the 330
period is extended under section 955.01 of the Revised Code. Any 332
increase in fees adopted under this division shall be in the 333
ratio of two dollars for a dog registration fee and ten dollars 334
for a kennel registration fee. 335
(B) Not later than the fifteenth day of October of each 339
year, the board of county commissioners shall determine if there 340
is sufficient money in the dog and kennel fund, after paying the 341
expenses of administration incurred or estimated to be incurred 342
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for the remainder of the year, to pay the claims allowed for 343
animals, fowl, or poultry injured or destroyed by dogs. If the 344
board determines there is not sufficient money in the dog and 345
kennel fund to pay the claims allowed, the board shall provide by 346
resolution that all claims remaining unpaid shall be paid from 347
the general fund of the county. All money paid out of the 348
general fund for such THOSE purposes may be replaced by the board 350
from the dog and kennel fund at any time during the following 351
year notwithstanding section 5705.14 of the Revised Code. 352
(C) Notwithstanding section 955.20 of the Revised Code, if 354
dog and kennel registration fees in any county are increased 355
above two and ten dollars, respectively, under authority of 356
division (A) of this section, then on or before the first day of 358
March following each year in which the increased fees are in 359
effect, the county auditor shall draw on the dog and kennel fund 360
a warrant payable to the college of veterinary medicine of the 361
Ohio state university in an amount equal to ten cents for each 362
dog and kennel registration fee received during the preceding 363
year. The money received by the college of veterinary medicine 364
of the Ohio state university under this division shall be applied 365
for research and study of the diseases of dogs, particularly 366
those transmittable to humans, and for research of other diseases 368
of dogs that by their nature will provide results applicable to 369
the prevention and treatment of both human and canine illness. 370
(D) The Ohio state university college of veterinary 372
medicine shall be responsible to report annually to the general 373
assembly the progress of the research and study authorized and 374
funded by division (C) of this section. The report shall briefly 375
describe the research projects undertaken and assess the value of 376
each. The report shall account for funds received pursuant to 377
division (C) of this section and for the funds expended 378
attributable to each research project and for other necessary 379
expenses in conjunction with the research authorized by division 380
(C) of this section. The report shall be filed with the general 381
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assembly by the first day of May of each year. 382
(E) The county auditor may authorize agents to receive 384
applications for registration of dogs and kennels and to issue 385
certificates of registration and tags. If authorized agents are 386
employed in a county, each applicant for a dog or kennel 387
registration shall pay to the agent an administrative fee of 388
seventy-five cents in addition to the registration fee. The 389
administrative fee shall be the compensation of the agent. The 390
county auditor shall establish rules for reporting and accounting 391
by the agents. No administrative or similar fee shall be charged 393
in any county except as authorized by this division OR DIVISION 394
(F) OF THIS SECTION.
(F) FOR ANY COUNTY THAT ACCEPTS THE PAYMENT OF DOG AND 396
KENNEL REGISTRATION FEES BY FINANCIAL TRANSACTION DEVICES IN 397
ACCORDANCE WITH SECTION 955.013 OF THE REVISED CODE, IN ADDITION 398
TO THOSE REGISTRATION FEES, THE COUNTY AUDITOR SHALL COLLECT FOR 399
EACH REGISTRATION PAID BY A FINANCIAL TRANSACTION DEVICE ONE OF
THE FOLLOWING: 400
(1) AN ADMINISTRATIVE FEE OF SEVENTY-FIVE CENTS; 403
(2) IF THE BOARD OF COUNTY COMMISSIONERS ADOPTS A 406
SURCHARGE OR CONVENIENCE FEE FOR MAKING PAYMENTS BY A FINANCIAL 407
TRANSACTION DEVICE UNDER DIVISION (E) OF SECTION 301.28 OF THE 408
REVISED CODE, THAT SURCHARGE OR CONVENIENCE FEE;
(3) IF THE COUNTY AUDITOR CONTRACTS WITH A THIRD PARTY TO 410
PROVIDE SERVICES TO ENABLE REGISTRATION VIA THE INTERNET AS 411
PROVIDED IN SECTION 955.013 OF THE REVISED CODE, A SURCHARGE OR 412
CONVENIENCE FEE AS AGREED TO BETWEEN THAT THIRD PARTY AND THE
COUNTY FOR THOSE INTERNET REGISTRATION SERVICES. 413
(G) THE COUNTY AUDITOR SHALL POST CONSPICUOUSLY THE AMOUNT 415
OF THE ADMINISTRATIVE FEE, SURCHARGE, OR CONVENIENCE FEE THAT IS 416
PERMISSIBLE UNDER THIS SECTION ON THE WEB PAGE WHERE THE AUDITOR 417
ACCEPTS PAYMENTS FOR REGISTRATIONS MADE UNDER DIVISION (B)(1) OF 418
SECTION 955.013 OF THE REVISED CODE. IF ANY PERSON CHOOSES TO 419
PAY BY FINANCIAL TRANSACTION DEVICE, THE ADMINISTRATIVE FEE, 420
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SURCHARGE, OR CONVENIENCE FEE SHALL BE CONSIDERED VOLUNTARY AND
IS NOT REFUNDABLE. 421
Section 2. That existing sections 301.28, 955.07, and 423
955.14 of the Revised Code are hereby repealed. 424