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
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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
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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
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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