As Reported by House Local Government and Townships Committee    1            

123rd General Assembly                                             4            

   Regular Session                              Sub. S. B. No. 31  5            

      1999-2000                                                    6            


    SENATORS LATTA-GARDNER-SPADA-DRAKE-REPRESENTATIVE SCHULER      8            


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend sections 164.04, 305.30, and 307.86 of the   10           

                Revised Code to permit the appointing authorities  12           

                that appoint members of district public works      13           

                integrating committees to appoint alternates for   14           

                those members to act in their absence, to          15           

                explicitly permit a county administrator to carry  16           

                out functions of a board of county commissioners                

                in disasters or emergencies if the board has       17           

                delegated those functions, and to change the       18           

                voting requirements to declare a county                         

                emergency.                                                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That sections 164.04, 305.30, and 307.86 of the  22           

Revised Code be amended to read as follows:                        23           

      Sec. 164.04.  (A)  In each of the districts created in       33           

section 164.03 of the Revised Code, a district public works        34           

integrating committee shall be established as follows:             35           

      (1)  In district one, the district committee shall consist   37           

of seven members appointed as follows:  two members shall be       39           

appointed by the board of county commissioners; two MEMBERS shall  41           

be appointed by the chief executive officer of the most populous   42           

municipal corporation in the district; two MEMBERS shall be        44           

appointed by a majority of the chief executive officers of the     45           

other municipal corporations located within the district; and one  46           

MEMBER, who shall have experience in local infrastructure          48           

planning and economic development and who shall represent the      49           

                                                          2      


                                                                 
interests of private industry within the district, shall be        50           

appointed by a majority of the members of the district committee   51           

OR THEIR ALTERNATES.  Except with respect to the selection of the  53           

private sector member of the committee, the affirmative vote of    54           

at least five committee members OR THEIR ALTERNATES is required    56           

for any action taken by a vote of the committee.                   57           

      (2)  In district two, the district committee shall consist   59           

of nine members appointed as follows:  two MEMBERS shall be        62           

appointed by the board of county commissioners; three MEMBERS      63           

shall be appointed by the chief executive officer of the most      65           

populous municipal corporation in the district; two MEMBERS shall  66           

be appointed by a majority of the other chief executive officers   68           

of municipal corporations in the district; and two MEMBERS shall   69           

be appointed by a majority of the boards of township trustees in   71           

the district.  Of the appointments made MEMBERS APPOINTED by the   72           

board of county commissioners, one MEMBER shall have experience    74           

in local infrastructure planning and economic development, and     75           

one MEMBER shall be either a county commissioner or a county       77           

engineer of the district.  The affirmative vote of at least seven  78           

members of the committee OR THEIR ALTERNATES is required for any   79           

action taken by a vote of the committee.                           80           

      (3)  In districts three, four, eight, twelve, and nineteen,  82           

the district committee shall consist of nine members appointed as  83           

follows:  two MEMBERS shall be appointed by the board of county    85           

commissioners or by the chief executive officer of the county;     86           

two MEMBERS shall be appointed by the chief executive officer of   87           

the most populous municipal corporation located within the         88           

district; two MEMBERS shall be appointed by a majority of the      89           

other chief executive officers of the municipal corporations       90           

located in the district; two MEMBERS shall be appointed by a       91           

majority of the boards of township trustees located in the         93           

district; and one MEMBER, who shall have experience in local       95           

infrastructure planning and economic development and who shall     96           

represent the interests of private industry within the district,   97           

                                                          3      


                                                                 
shall be appointed by a majority of the members of the committee   98           

OR THEIR ALTERNATES.  Except with respect to the selection of the  99           

private sector member of the committee, the affirmative vote of    100          

at least seven committee members OR THEIR ALTERNATES is required   101          

for any action taken by a vote of the committee.                   102          

      (4)  In district six, the district committee shall consist   104          

of nine members appointed as follows:  one member shall be         106          

appointed by the board of county commissioners of each county in   107          

the district; one member shall be appointed by the chief           109          

executive officer of the most populous municipal corporation in    110          

each county in the district; one member shall be appointed         111          

alternately by a majority of the chief executives of the           112          

municipal corporations, other than the largest municipal           113          

corporation, within one of the counties of the district; and one   114          

member shall be appointed alternately by a majority of the boards  116          

of township trustees within one of the counties in the district.   117          

The two persons who are the county engineers of the counties in    118          

the district ALSO shall also be members of the committee.  At      120          

least six of these members OR THEIR ALTERNATES shall agree upon    121          

the appointment to the committee of a private sector person who    123          

shall have experience in local infrastructure planning and         125          

economic development.  The affirmative vote of seven committee     126          

members OR THEIR ALTERNATES is required for any action taken by a  128          

vote of the committee.                                                          

      The first appointment to the committee made by the majority  130          

of the boards of township trustees of a county shall be made by    131          

the boards of township trustees located in the least populous      132          

county of the district, and the first appointment made by the      133          

majority of the chief executives of municipal corporations, other  134          

than the largest municipal corporation, of a county shall be made  135          

by the chief executives of municipal corporations, other than the  136          

largest municipal corporation, from the most populous county in    137          

the district.                                                      138          

      Notwithstanding division (B)(C) of this section, the         140          

                                                          4      


                                                                 
members of the district committee appointed alternately by a       142          

majority of the chief executive officers of municipal              143          

corporations, other than the largest municipal corporation, of a   144          

county and a majority of boards of township trustees of a county   145          

shall serve five-year terms.                                       146          

      (5)  In districts seven, nine, and ten, the district         148          

committee shall consist of two members appointed by the board of   150          

county commissioners of each county in the district, two members   151          

appointed by a majority of the chief executive officers of all     152          

cities within each county in the district, three members           153          

appointed by a majority of the boards of township trustees of all  154          

townships in the district, three members appointed by a majority   155          

of chief executive officers of all villages in the district, one   156          

MEMBER WHO IS appointed by a majority of the county engineers in   158          

the district and who shall be a county engineer, and one member,   160          

who shall have experience in local infrastructure planning and     161          

economic development, shall be appointed by a majority of all      162          

other committee members OR THEIR ALTERNATES.  If there is a        163          

county in the district in which there are no cities, the member    165          

that is to be appointed by the chief executive officers of the     167          

cities within that county shall be appointed by the chief          168          

executive officer of the village with the largest population in    169          

that county.                                                                    

      (6)  In districts five, eleven, and thirteen through         171          

eighteen, the members of each district committee shall be          173          

appointed as follows:  one MEMBER shall be appointed by each       175          

board of county commissioners; one MEMBER shall be appointed by    177          

the majority of the chief executive officers of the cities         178          

located in each county; three MEMBERS shall be appointed by a      179          

majority of the chief executive officers of villages located       181          

within the district; three MEMBERS shall be appointed by a         182          

majority of the boards of township trustees located within the     183          

district; one MEMBER SHALL BE appointed by a majority of the       185          

county engineers of the district and who shall be a county                      

                                                          5      


                                                                 
engineer; and one member, who shall have experience in local       186          

infrastructure planning and economic development and who shall     187          

represent the interests of private industry within the district,   188          

shall be appointed by a majority of the members of the committee   189          

OR THEIR ALTERNATES.  If there is a county in the district in      190          

which there are no cities, the member that is to be appointed by   192          

the chief executive officers of the cities within that county      193          

shall be appointed by the chief executive officer of the village   194          

with the largest population in that county.                        195          

      (7)  In districts five, seven, nine, ten, eleven, thirteen,  198          

fourteen, sixteen, and seventeen organized in accordance with      199          

divisions (A)(5) and (6) of this section, a nine-member executive  200          

committee shall be established that shall include at least one of  202          

the persons appointed to the district committee by the chief       204          

executive officers of the villages within the district, at least   205          

one of the persons appointed to the district committee by the      206          

boards of township trustees within the district, the person        207          

appointed to the district committee to represent the interests of  209          

private industry, and six additional district committee members    210          

selected to serve on the executive committee by a majority of the  212          

members of the district committee OR THEIR ALTERNATES, except      213          

that not more than three persons who were appointed to the         214          

district committee by a board of county commissioners and not      215          

more than three persons who were appointed to the district         217          

committee by the chief executives of the cities located in the     218          

district shall serve on the executive committee.                   219          

      (8)  In districts fifteen and eighteen organized in          222          

accordance with division (A)(6) of this section, an eleven-member  223          

executive committee shall be established that shall include at     225          

least one of the persons appointed to the district committee by    226          

the chief executive officers of the villages within the district,  228          

at least one of the persons appointed to the district committee    230          

by the boards of township trustees within the district, the                     

person appointed to the district committee to represent the        232          

                                                          6      


                                                                 
interests of private industry, and eight additional district       233          

committee members selected to serve on the executive committee by  234          

a majority of the members of the district committee OR THEIR       235          

ALTERNATES, except that not more than four persons who were        236          

appointed to the district committee by a board of county           237          

commissioners and not more than four persons who were appointed    238          

to the district committee by the chief executives of the cities    240          

located in the district shall serve on the executive committee.                 

No more than two persons from each county shall be on the          242          

executive committee.                                                            

      All decisions of a district committee required to be         244          

organized in accordance with divisions (A)(5) and (6) of this      245          

section must SHALL be approved by its executive committee.  The    246          

affirmative vote of at least seven executive committee members OR  247          

THEIR ALTERNATES for executive committees formed under division    248          

(A)(7) of this section and at least nine members OR THEIR          249          

ALTERNATES for executive committees formed under division (A)(8)   251          

of this section is required for any action taken by vote of the    252          

executive committee, except that any decision of the executive     253          

committee may be rejected by a vote of at least two-thirds of the  254          

full membership of the district committee within thirty days of    255          

the executive committee action.  Only projects approved by the     256          

executive committee may be submitted to the director of the Ohio   257          

public works commission pursuant to section 164.05 of the Revised  258          

Code.                                                                           

      (B)  APPOINTING AUTHORITIES THAT APPOINT DISTRICT COMMITTEE  260          

MEMBERS ALSO MAY APPOINT AN ALTERNATE FOR EACH COMMITTEE MEMBER    261          

APPOINTED UNDER DIVISIONS (A)(1) TO (6) OF THIS SECTION.  IF A     262          

DISTRICT COMMITTEE MEMBER IS ABSENT FROM A DISTRICT OR EXECUTIVE   263          

COMMITTEE OR SUBCOMMITTEE MEETING, THE ALTERNATE HAS THE RIGHT TO  264          

VOTE AND PARTICIPATE IN ALL PROCEEDINGS AND ACTIONS AT THAT        265          

MEETING.                                                                        

      (C)  Terms of office for members of district committees AND  267          

THEIR ALTERNATES shall be for three years, with each term ending   269          

                                                          7      


                                                                 
on the same day of the same month as did the term that it          270          

succeeds.  Each member AND THAT MEMBER'S ALTERNATE shall hold      272          

office from the date of appointment until the end of the term for  273          

which THE MEMBER IS appointed, except that, with respect to any    274          

member who was an elected or appointed official of a township,     275          

county, or municipal corporation OR THAT MEMBER'S ALTERNATE, the   276          

term of office for such THAT person under this section shall not   278          

extend beyond such THE MEMBER'S term as an elected or appointed    280          

official UNLESS THE MEMBER WAS APPOINTED BY A GROUP OF OFFICIALS                

OF MORE THAN ONE POLITICAL SUBDIVISION OR THE MEMBERS OF THE       281          

DISTRICT COMMITTEE, IN WHICH CASE THE MEMBER'S ALTERNATE SHALL     282          

CONTINUE TO SERVE FOR THE FULL TERM.  Members AND THEIR            283          

ALTERNATES may be reappointed.  Vacancies shall be filled in the   285          

same manner provided for original appointments.  Any member OR                  

THAT MEMBER'S ALTERNATE appointed to fill a vacancy occurring      287          

prior to the expiration date of the term for which the member's    288          

OR ALTERNATE'S predecessor was apppointed APPOINTED shall hold     289          

office for the remainder of that term.  A member OR THAT MEMBER'S  291          

ALTERNATE shall continue in office subsequent to the expiration    293          

date of the member's OR ALTERNATE'S term until the member's OR     294          

ALTERNATE'S successor takes office or until a period of sixty      295          

days has elapsed, whichever occurs first.  Each district public    296          

works integrating committee shall elect a chairperson,                          

vice-chairperson, and such other officers as it considers          297          

advisable.                                                         298          

      (C)(D)  For purposes of this chapter, if a subdivision is    300          

located in more than one county or in more than one district, the  301          

subdivision shall be deemed to be a part of the county or          302          

district in which the largest number of its population is          303          

located.  However, if after a decennial census the change in a     304          

subdivision's population would result in the subdivision becoming  305          

part of a different county or district, the legislative authority  306          

of the subdivision may, by resolution, choose to remain a part of  307          

the county or district of which they were THE SUBDIVISION WAS      308          

                                                          8      


                                                                 
originally deemed to be a part.  Such a decision is not revocable  310          

unless similar conditions arise following the next decennial       311          

census.                                                                         

      (D)(E)  Notwithstanding any provision of law to the          313          

contrary, a county, municipal, or township public official may     314          

serve as a member of a district public works integrating           315          

committee.                                                                      

      (E)(F)  A member of a district committee OR THAT MEMBER'S    317          

ALTERNATE does not have an unlawful interest in a public contract  319          

under section 2921.42 of the Revised Code solely by virtue of the  320          

receipt of financial assistance under this chapter by the local    321          

subdivision of which the member OR THAT MEMBER'S ALTERNATE is      322          

also a public official or appointee.                               323          

      Sec. 305.30.  The county administrator shall, under the      332          

direction of the board of county commissioners, SHALL DO THE       335          

FOLLOWING:                                                                      

      (A)  Assist in the administration, enforcement, and          337          

execution of the policies and resolutions of the board;            338          

      (B)  Supervise and direct the activities of the affairs of   340          

the divisions of county government under the control or            341          

jurisdiction of the board;                                                      

      (C)  Attend all meetings of the board at which the county    343          

administrator's attendance is required by that body;               345          

      (D)  Recommend measures for adoption to the board;           347          

      (E)  Prepare and submit to the board such reports as are     349          

required by that body, or as deems REPORTS THAT IT CONSIDERS       351          

advisable;                                                                      

      (F)  Keep the board fully advised on the financial           353          

conditions of the county, preparing and submitting a budget for    354          

the next fiscal year;                                                           

      (G)  Contract on behalf of the board within limits provided  357          

by a resolution of the board, provided that the resolution                      

authorizing such actions shall also specify the types of           359          

contracts upon which the administrator may act without further     360          

                                                          9      


                                                                 
resolution of the board;                                                        

      (H)  Allow and pay claims for goods received and services    362          

rendered within limits provided by a resolution of the board,      363          

provided that the county department receiving those goods and      364          

services certifies their receipt before the administrator allows   365          

the claim;                                                                      

      (I)  Perform any or all personnel functions otherwise        368          

conferred or incumbent upon the board of county commissioners      369          

under Chapter 124. or any other chapter or section of the Revised  370          

Code, provided that the board, by resolution, has delegated the                 

specific functions to the county administrator;                    372          

      (J)  PERFORM ANY OR ALL FUNCTIONS CONFERRED OR INCUMBENT     374          

UPON THE BOARD OF COUNTY COMMISSIONERS IN THE CASE OF A DISASTER   375          

OR EMERGENCY, PROVIDED THAT THE BOARD, BY RESOLUTION, HAS          376          

DELEGATED THE SPECIFIC FUNCTIONS OR ALL OF THE FUNCTIONS TO THE    377          

ADMINISTRATOR.  AS USED IN THIS DIVISION, "DISASTER" AND                        

"EMERGENCY" HAVE THE SAME MEANINGS AS IN DIVISIONS (E) AND (F) OF  379          

SECTION 5502.21 OF THE REVISED CODE.                                            

      (K)  Perform such additional duties as the board may         381          

determine by resolution.                                           382          

      The board of county commissioners may assign to such county  384          

administrator any office, position, or duties under its control,   385          

such office, position, and duties to be performed under the        386          

direction and supervision of the board and to be in addition to    387          

those set forth in this section.                                                

      Sec. 307.86.  Anything to be purchased, leased, leased with  396          

an option or agreement to purchase, or constructed, including,     397          

but not limited to, any product, structure, construction,          398          

reconstruction, improvement, maintenance, repair, or service,      399          

except the services of an accountant, architect, attorney at law,  400          

physician, professional engineer, construction project manager,    401          

consultant, surveyor, or appraiser, by or on behalf of the county  402          

or contracting authority, as defined in section 307.92 of the      403          

Revised Code, at a cost in excess of fifteen thousand dollars,     404          

                                                          10     


                                                                 
except as otherwise provided in division (D) of section 713.23     405          

and in sections 125.04, 307.022, 307.041, 307.861, 339.05,         406          

340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19,    407          

5713.01, and 6137.05 of the Revised Code, shall be obtained        408          

through competitive bidding.  However, competitive bidding is not  409          

required when ANY OF THE FOLLOWING APPLIES:                        410          

      (A)  The board of county commissioners, by a unanimous vote  412          

of its members, makes a determination that a real and present      413          

emergency exists, and such THAT determination and the reasons      415          

therefor FOR IT are entered in the minutes of the proceedings of   416          

the board, when EITHER OF THE FOLLOWING APPLIES:                   417          

      (1)  The estimated cost is less than fifty thousand          420          

dollars; or.                                                                    

      (2)  There is actual physical disaster to structures, radio  422          

communications equipment, or computers.                            423          

      FOR PURPOSES OF THIS DIVISION, "UNANIMOUS VOTE" MEANS ALL    425          

THREE MEMBERS OF A BOARD OF COUNTY COMMISSIONERS WHEN ALL THREE    426          

MEMBERS ARE PRESENT, OR TWO MEMBERS OF THE BOARD IF ONLY TWO       427          

MEMBERS, CONSTITUTING A QUORUM, ARE PRESENT.                                    

      Whenever a contract of purchase, lease, or construction is   429          

exempted from competitive bidding under division (A)(1) of this    430          

section because the estimated cost is less than fifty thousand     431          

dollars, but the estimated cost is fifteen thousand dollars or     432          

more, the county or contracting authority shall solicit informal   433          

estimates from no fewer than three persons who could perform the   434          

contract, before awarding the contract.  With regard to each such  435          

contract, the county or contracting authority shall maintain a     436          

record of such estimates, including the name of each person from   437          

whom an estimate is solicited, for no less than one year after     438          

the contract is awarded.                                           439          

      (B)  The purchase consists of supplies or a replacement or   441          

supplemental part or parts for a product or equipment owned or     442          

leased by the county, and the only source of supply for such THE   444          

supplies, part, or parts is limited to a single supplier.          445          

                                                          11     


                                                                 
      (C)  The purchase is from the federal government, state,     447          

another county or contracting authority thereof, a board of        448          

education, township, or municipal corporation.                     449          

      (D)  Public social services are purchased for provision by   451          

the county department of human services under section 329.04 of    452          

the Revised Code, or program services, such as direct and          453          

ancillary client services, child day-care, case management         454          

services, residential services, and family resource services, are  455          

purchased for provision by a county board of mental retardation    456          

and developmental disabilities under section 5126.05 of the        457          

Revised Code.                                                      458          

      (E)  The purchase consists of human and social services by   460          

the board of county commissioners from nonprofit corporations or   461          

associations under programs which are funded entirely by the       462          

federal government.                                                463          

      (F)  The purchase consists of any form of an insurance       465          

policy or contract authorized to be issued under Title XXXIX of    466          

the Revised Code or any form of health care plan authorized to be  468          

issued under Chapter 1751. of the Revised Code, or any                          

combination of such policies, contracts, or plans that the         470          

contracting authority is authorized to purchase, and the           471          

contracting authority does all of the following:                   472          

      (1)  Determines that compliance with the requirements of     474          

this section would increase, rather than decrease, the cost of     475          

such purchase;                                                     476          

      (2)  Employs a competent consultant to assist the            478          

contracting authority in procuring appropriate coverages at the    479          

best and lowest prices;                                            480          

      (3)  Requests issuers of such policies, contracts, or plans  482          

to submit proposals to the contracting authority, in a form        483          

prescribed by the contracting authority, setting forth the         484          

coverage and cost of such policies, contracts, or plans as the     485          

contracting authority desires to purchase;                         486          

      (4)  Negotiates with such issuers for the purpose of         488          

                                                          12     


                                                                 
purchasing such policies, contracts, or plans at the best and      489          

lowest price reasonably possible.                                  490          

      (G)  The purchase consists of computer hardware, software,   492          

or consulting services that are necessary to implement a           493          

computerized case management automation project administered by    494          

the Ohio prosecuting attorneys association and funded by a grant   495          

from the federal government.                                       496          

      (H)  Child day-care services are purchased for provision to  498          

county employees.                                                  499          

      (I)(1)  Property, including land, buildings, and other real  501          

property, is leased for offices, storage, parking, or other        502          

purposes, and all of the following apply:                          503          

      (a)  The contracting authority is authorized by the Revised  505          

Code to lease the property;.                                       506          

      (b)  The contracting authority develops requests for         508          

proposals for leasing the property, specifying the criteria that   509          

will be considered prior to leasing the property, including the    510          

desired size and geographic location of the property;.             511          

      (c)  The contracting authority receives responses from       513          

prospective lessors with property meeting the criteria specified   514          

in the requests for proposals by giving notice in a manner         515          

substantially similar to the procedures established for giving     516          

notice under section 307.87 of the Revised Code;.                  517          

      (d)  The contracting authority negotiates with the           519          

prospective lessors to obtain a lease at the best and lowest       520          

price reasonably possible considering the fair market value of     521          

the property and any relocation and operational costs that may be  522          

incurred during the period the lease is in effect.                 524          

      (2)  The contracting authority may use the services of a     526          

real estate appraiser to obtain advice, consultations, or other    527          

recommendations regarding the lease of property under this         528          

division.                                                          529          

      (J)  The purchase is made pursuant to section 5139.34 or     531          

sections 5139.41 to 5139.46 of the Revised Code and is of          532          

                                                          13     


                                                                 
programs or services that provide case management, treatment, or   534          

prevention services to any felony or misdemeanant delinquent,      535          

unruly youth, or status offender under the supervision of the                   

juvenile court, including, but not limited to, such services as    536          

community residential care, day treatment, services to children    538          

in their home, or electronic monitoring.                           539          

      Any issuer of policies, contracts, or plans listed in        541          

division (F) of this section and any prospective lessor under      542          

division (I) of this section may have the issuer's or prospective  543          

contractor's name and address, or the name and address of an       544          

agent, placed on a special notification list to be kept by the     546          

contracting authority, by sending the contracting authority such   547          

name and address.  The contracting authority shall send notice to  548          

all persons listed on the special notification list.  Notices      549          

shall state the deadline and place for submitting proposals.  The  550          

contracting authority shall mail the notices at least six weeks    551          

prior to the deadline set by the contracting authority for         552          

submitting such proposals. Every five years the contracting        553          

authority may review this list and remove any person from the      554          

list after mailing the person notification of such action.         555          

      Any contracting authority that negotiates a contract under   557          

division (F) of this section shall request proposals and           558          

renegotiate with issuers in accordance with that division at       559          

least every three years from the date of the signing of such a     560          

contract.                                                          561          

      Any consultant employed pursuant to division (F) of this     563          

section and any real estate appraiser employed pursuant to         564          

division (I) of this section shall disclose any fees or            565          

compensation received from any source in connection with that      566          

employment.                                                                     

      Section 2.  That existing sections 164.04, 305.30, and       568          

307.86 of the Revised Code are hereby repealed.                    570