As Reported by House Local Government and Townships Committee    1            

123rd General Assembly                                             4            

   Regular Session                              Sub. S. B. No. 52  5            

      1999-2000                                                    6            


 SENATORS CARNES-GARDNER-OELSLAGER-MUMPER-DiDONATO-SPADA-FURNEY-   8            

           DRAKE-ARMBRUSTER-REPRESENTATIVE TERWILLEGER             9            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 505.29, 505.31, 505.79, and         12           

                4109.02 and to enact section 505.95 of the         13           

                Revised Code to permit a township to regulate, by  14           

                license or otherwise, the resale of tickets to                  

                theatrical, sporting, or other public amusements;  15           

                to authorize townships to use their waste          17           

                collection fund moneys to pay for the collection                

                and disposal of tree leaves; and to alter the      19           

                conditions under which certain minors are not      20           

                required to provide an age and schooling           21           

                certificate as a condition of employment.                       




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That sections 505.29, 505.31, 505.79, and        25           

4109.02 be amended and section 505.95 of the Revised Code be       26           

enacted to read as follows:                                        27           

      Sec. 505.29.  The board of township trustees may LEVY, in    36           

any year, levy a sufficient tax within the ten-mill limitation,    38           

upon all taxable property in a waste disposal district to provide  40           

and maintain waste disposal service AND TO PROVIDE FOR THE         41           

COLLECTION AND DISPOSAL OF TREE LEAVES.                                         

      In the alternative, the board of TOWNSHIP TRUSTEES OF any    43           

township which THAT has provided or contracted for the collection  45           

or disposal of garbage or refuse on behalf of the township or any  46           

district may ESTABLISH, by resolution, establish equitable         47           

charges of rents to be paid such TO THE township, for the use and  48           

                                                          2      


                                                                 
benefit of such THAT service, by every person, firm, or            50           

corporation whose premises are so served.  Such THE charges shall  51           

constitute a lien upon the property served, and, if not paid when  52           

due, shall be collected in the same manner as other township       54           

taxes.                                                                          

      Sec. 505.31.  (A)  Except as otherwise provided in division  63           

(B) of this section, the township clerk shall collect the service  64           

charges for waste disposal service and administer them under       65           

rules established by the board of township trustees.  All such     66           

moneys OF THOSE SERVICE CHARGES shall be kept in a separate fund   67           

designated as "the waste collection fund," and shall be            69           

appropriated and administered by the board.  Such funds THE FUND   70           

shall be used for payment of the costs of the management,          72           

maintenance, and operation of the garbage and refuse collection    73           

and disposal system in the township or several waste disposal      74           

districts.  Funds THE BOARD ALSO MAY USE THE FUND FOR PAYMENT OF   75           

THE COSTS INCURRED BY THE TOWNSHIP IN RELATION TO THE COLLECTION                

AND DISPOSAL OF TREE LEAVES.                                       76           

      SERVICE CHARGES FOR WASTE DISPOSAL SERVICE collected from    78           

one district cannot be used for any other district.  If a          79           

district is abandoned or discontinued, any balance remaining in    80           

the fund for that district shall be paid into the general fund of  81           

the township.                                                      82           

      (B)  When a board of township trustees contracts with an     84           

independent contractor for the collection, transfer, and disposal  85           

of solid wastes under section 505.27 of the Revised Code, the      86           

contract may provide for the independent contractor to collect     87           

and keep the service charges for the waste disposal services the   88           

contractor provides.                                               89           

      Sec. 505.79.  The board of township trustees may acquire,    98           

maintain, and operate equipment and facilities for the collection  99           

and disposal of tree leaves.  The cost of providing this service   100          

shall be paid from the general fund of the township, FROM THE      101          

WASTE COLLECTION FUND OF THE TOWNSHIP CREATED UNDER SECTION        102          

                                                          3      


                                                                 
505.31 OF THE REVISED CODE, OR FROM ANY FUND CREATED PURSUANT TO                

SECTION 505.29 OF THE REVISED CODE INTO WHICH MONEYS ARISING FROM  103          

TAX LEVIES UNDER THAT SECTION ARE DEPOSITED.                       104          

      Sec. 505.95.  (A)  A BOARD OF TOWNSHIP TRUSTEES MAY ADOPT A  106          

RESOLUTION TO REGULATE IN THE UNINCORPORATED AREA OF THE           107          

TOWNSHIP, BY LICENSE OR OTHERWISE, THE RESALE, BY PARTIES NOT      108          

ACTING AS AGENTS OF THOSE ISSUING THEM, OF TICKETS TO THEATRICAL   109          

OR SPORTING EVENTS OR TO OTHER PUBLIC AMUSEMENTS.                  110          

      (B)  THE BOARD OF TOWNSHIP TRUSTEES MAY ESTABLISH A FINE OF  112          

NOT MORE THAN ONE HUNDRED DOLLARS FOR EACH SEPARATE VIOLATION OF   113          

ANY RESOLUTION ADOPTED UNDER DIVISION (A) OF THIS SECTION.  FIFTY  114          

PER CENT OF THE MONEYS ARISING FROM THE COLLECTION OF THE FINE     116          

SHALL BE DEPOSITED IN THE TOWNSHIP'S GENERAL FUND.  THE REMAINING  117          

FIFTY PER CENT OF THOSE MONEYS SHALL BE DEPOSITED IN THE COUNTY'S  118          

GENERAL FUND.                                                                   

      (C)  ANY PERSON ALLEGEDLY AGGRIEVED BY A VIOLATION OF A      120          

RESOLUTION ADOPTED UNDER DIVISION (A) OF THIS SECTION MAY SEEK     121          

INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN CONNECTION WITH THE ACT  122          

OR PRACTICE THAT VIOLATES THAT RESOLUTION.                         123          

      Sec. 4109.02.  (A)  Except as provided in division (B) of    132          

this section or in section 4109.06 of the Revised Code, no minor   133          

of compulsory school age shall be employed by any employer unless  134          

the minor presents to the employer a proper age and schooling      135          

certificate, as a condition of employment.  The employer shall     136          

keep the certificate on file in the establishment where the minor  137          

is employed or in the office of the business or in the residence   138          

in or about which the minor is employed for inspection by any      139          

enforcement official.                                              140          

      A valid certificate constitutes conclusive evidence of the   142          

age of the minor and of the employer's right to employ the minor   143          

in occupations not denied by law to minors of that age under       144          

section 4109.06 of the Revised Code or rules adopted thereunder    145          

UNDER THAT SECTION.                                                146          

      (B)  The following minors aged sixteen or seventeen are not  149          

                                                          4      


                                                                 
required to provide an age and schooling certificate as a                       

condition of employment:                                           150          

      (1)  Those who are to be employed during summer vacation     153          

months after the last day of the school term in the spring and     154          

before the first day of the school term in the fall, in            155          

nonagricultural and nonhazardous employment as defined by the      156          

"Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A.     157          

201, and similar state statutes, or in other employment not        158          

prohibited to minors age sixteen or seventeen by law;              159          

      (2)  Those UNLESS REQUIRED BY THE SUPERINTENDENT OF SCHOOLS  161          

OF THE SCHOOL DISTRICT WHERE THE MINOR RESIDES, THOSE who are to   162          

be employed not more than two months before the last day of the    164          

school term in the spring and not more than two months after the   165          

first day of the school term in the fall by a seasonal amusement                

or recreational establishment, on the condition that, for THE      166          

FOLLOWING ARE SATISFIED:                                           167          

      (a)  FOR the period PRIOR TO MEMORIAL DAY AND AFTER LABOR    170          

DAY while school is in session, they are to be employed only for   171          

hours that occur between the end of the school day on Friday and   172          

eleven p.m. on Sunday, unless required by the superintendent of    174          

schools of the school district where the minor resides.            175          

      (b)  FOR THE PERIOD FROM MEMORIAL DAY UNTIL THE LAST DAY OF  178          

THE SCHOOL TERM IN THE SPRING AND FROM THE FIRST DAY OF THE        179          

SCHOOL TERM IN THE FALL UNTIL LABOR DAY, THEY ARE TO BE EMPLOYED   180          

ONLY FOR HOURS THAT OCCUR BETWEEN THE END OF THE SCHOOL DAY AND    181          

NINE p.m. ON MONDAY THROUGH THURSDAY AND ONLY FOR HOURS THAT       182          

OCCUR BETWEEN THE END OF THE SCHOOL DAY ON FRIDAY AND ELEVEN p.m.  184          

ON SUNDAY.                                                                      

      (C)  To be hired for the type of employment described in     188          

division (B) of this section, minors shall provide the employer    189          

with the following:                                                             

      (1)  Evidence of proof of age in the same manner as proof    191          

of age is provided the superintendent of schools under division    192          

(C) of section 3331.02 of the Revised Code;                        193          

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      (2)  A statement signed by the minor's parent or guardian    195          

consenting to the proposed employment.  For the purposes of this   196          

section, in the absence of a parent or guardian, a person over     198          

eighteen years of age with whom the minor resides may sign such    199          

THE statement;.                                                                 

      (3)  An age and schooling certificate if one is required     201          

under division (B)(2) of this section by the superintendent of     203          

schools of the school district where the minor resides.                         

      The employer shall retain a copy of the proof of age and     205          

the statement of consent with the employment records of the        206          

minor.                                                             207          

      (D)  As used in this section,:                               209          

      (1)  "LABOR DAY" AND "MEMORIAL DAY" HAVE THE SAME MEANINGS   211          

AS PROVIDED FOR THOSE DAYS IN SECTION 1.14 OF THE REVISED CODE.    212          

      (2)  "seasonal SEASONAL amusement or recreational            214          

establishment" means both of the following:                        215          

      (1)(a)  An amusement or recreational establishment that      217          

does not operate for more than seven months in any calendar year;  219          

      (2)(b)  An amusement or recreational establishment whose     221          

average receipts for any six months during the preceding calendar  223          

year were not more than thirty-three and one-third per cent of     224          

its average receipts for the other six months of that calendar     225          

year.                                                                           

      Section 2.  That existing sections 505.29, 505.31, 505.79,   227          

and 4109.02 of the Revised Code are hereby repealed.               228