SENATORS McLin, Harris, Randy Gardner, Robert Gardner, Mumper, Oelslager, Amstutz, Austria, White, Armbruster

To amend sections 307.12, 505.10, and 721.15 of the

1

Revised Code to authorize counties, townships, and

2

statutory municipal corporations to dispose of

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unneeded, obsolete, or unfit personal property by

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Internet auction and, if that property has no

5

value, to discard or salvage it.

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

Section 1. That sections 307.12, 505.10, and 721.15 of the	7
Revised Code be amended to read as follows:	8

Sec. 307.12.  (A) Except as otherwise provided in division	9
divisions (B), (C), and (E) of this section, when the board of	10
county commissioners finds, by resolution, that the county has	11
personal property, including motor vehicles acquired for the use	12
of county officers and departments, and road machinery, equipment,	13
tools, or supplies, which is not needed for public use, or is	14
obsolete or unfit for the use for which it was acquired, and when	15
the fair market value of the property to be sold under this	16
division is, in the opinion of the board, in excess of two	17
thousand five hundred dollars, the board may do either of the	18
following:	19

(1) Sell suchthe property at public auction or by sealed	20
bid to the highest bidder. Notice of the time, place, and manner	21
of the sale shall also be published in a newspaper of general	22
circulation in the county at least ten days prior to the sale, and	23
a typewritten or printed notice of the time, place, and manner of	24
the sale shall be posted at least ten days before the sale in the	25
offices of the county auditor and the board of county	26
commissioners.	27

If a board conducts a sale of personal property by sealed	28
bid, the form of the bid shall be as prescribed by the board, and	29
each bid shall contain the name of the person submitting it. Bids	30
received shall be opened and tabulated at the time stated in the	31
notice. The property shall be sold to the highest bidder, except	32
that the board may reject all bids and hold another sale, by	33
public auction or sealed bid, in the manner prescribed by this	34
section.	35

(2) Donate any motor vehicle that does not exceed four	36
thousand five hundred dollars in value to a nonprofit organization	37
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	38
and (c)(3) for the purpose of meeting the transportation needs of	39
participants in the Ohio works first program established under	40
Chapter 5107. of the Revised Code and participants in the	41
prevention, retention, and contingency program established under	42
Chapter 5108. of the Revised Code.	43

(B) When the board of county commissioners finds, by	44
resolution, that the county has personal property, including motor	45
vehicles acquired for the use of county officers and departments,	46
and road machinery, equipment, tools, or supplies, which is not	47
needed for public use, or is obsolete or unfit for the use for	48
which it was acquired, and when the fair market value of the	49
property to be sold under this division is, in the opinion of the	50
board, two thousand five hundred dollars or less, the board may	51
sell the property by private sale, without advertisement or public	52
notification.	53

Notwithstanding anything to the contrary in division (A) or	54
(C) of this section and regardless of the property's value, the	55
board may sell or donate county personal property, including motor	56
vehicles, of the county to the federal government, the state, or	57
any political subdivision of the state without advertisement or	58
public notification.	59

(C) Notwithstanding anything to the contrary in division (A),	60
(B), or (E) of this section and regardless of the property's	61
value, the board of county commissioners may sell personal	62
property, including motor vehicles acquired for the use of county	63
officers and departments, and road machinery, equipment, tools, or	64
supplies, which is not needed for public use, or is obsolete or	65
unfit for the use for which it was acquired, by internet auction.	66
The board shall adopt, during each calendar year, a resolution	67
expressing its intent to sell that property by internet auction.	68
The resolution shall include a description of how the auctions	69
will be conducted and shall specify the number of days for bidding	70
on the property, which shall be no less than fifteen days,	71
including Saturdays, Sundays, and legal holidays. The resolution	72
shall indicate whether the county will conduct the auction or the	73
board will contract with a representative to conduct the auction	74
and shall establish the general terms and conditions of sale. If	75
a representative is known when the resolution is adopted, the	76
resolution shall provide contact information such as the	77
representative's name, address, and telephone number.	78

After adoption of the resolution, the board shall publish, in	79
a newspaper of general circulation in the county, notice of its	80
intent to sell unneeded, obsolete, or unfit county personal	81
property by internet auction. The notice shall include a summary	82
of the information provided in the resolution and shall be	83
published at least twice. The second and any subsequent notice	84
shall be published not less than ten nor more than twenty days	85
after the previous notice. A similar notice also shall be posted	86
continually throughout the calendar year in a conspicuous place in	87
the offices of the county auditor and the board of county	88
commissioners, and, if the county maintains a website on the	89
internet, the notice shall be posted continually throughout the	90
calendar year at that website.	91

When property is to be sold by internet auction, the board or	92
its representative may establish a minimum price that will be	93
accepted for specific items and may establish any other terms and	94
conditions for the particular sale, including requirements for	95
pick-up or delivery, method of payment, and sales tax. This type	96
of information shall be provided on the internet at the time of	97
the auction and may be provided before that time upon request	98
after the terms and conditions have been determined by the board	99
or its representative.	100

(D) When a county officer or department head determines that	101
county-owned personal property under the jurisdiction of the	102
officer or department head, including motor vehicles, road	103
machinery, equipment, tools, or supplies, is not of immediate	104
need, the county officer or department head may notify the board	105
of county commissioners, and the board may lease suchthat	106
personal property to any municipal corporation, township, or other	107
political subdivision of the state. SuchThe lease shall require	108
the county to be reimbursed under terms, conditions, and fees	109
established by the board of county commissioners, or under	110
contracts executed by the board.	111

(D) Where(E) If the board of county commissioners finds,	112
by resolution, that the county has vehicles, equipment, or	113
machinery which is not needed, or is unfit for public use, and the	114
board desires to sell suchthe vehicles, equipment, or machinery	115
to the person or firm from which it proposes to purchase other	116
vehicles, equipment, or machinery, the board may offer to sell the	117
vehicles, equipment, or machinery to suchthat person or firm, and	118
to have suchthe selling price credited to the person or firm	119
against the purchase price of other vehicles, equipment, or	120
machinery.	121

(E) Where(F) If the board of county commissioners	122
advertises for bids for the sale of new vehicles, equipment, or	123
machinery to the county, it may include in the same advertisement	124
a notice of the willingness of suchthe board to accept bids for	125
the purchase of county-owned vehicles, equipment, or machinery	126
which is obsolete or not needed for public use, and to have the	127
amount of suchthose bids subtracted from the selling price of the	128
other vehicles, equipment, or machinery as a means of determining	129
the lowest responsible bidder.	130

(G) If a board of county commissioners determines that	131
county personal property is not needed for public use, or is	132
obsolete or unfit for the use for which it was acquired, and that	133
the property has no value, the board may discard or salvage that	134
property.	135

(H) As used in this section, "internet" means the	136
international computer network of both federal and nonfederal	137
interoperable packet switched data networks, including the	138
graphical subnetwork called the world wide web.	139

Sec. 505.10.  The board of township trustees may accept, on	140
behalf of the township, the donation by bequest, devise, deed of	141
gift, or otherwise, of any property, real or personal,property	142
for any township use. When the township has property, including	143
motor vehicles, road machinery, equipment, and tools, which the	144
board, by resolution, finds it does not need for public use, are	145
obsolete, or are unfit for the use for which they were acquired,	146
the board may sell and convey suchthat property or otherwise	147
dispose of it in accordance with this section. Except as	148
otherwise provided in division (A) or (B) of this section and in	149
sections 505.08 and 505.101 of the Revised Code, the sale mustor	150
other disposition of unneeded, obsolete, or unfit property shall	151
be by public auction and upon notice thereof being given as	152
followsmade in accordance with one of the following:	153

(A)(1) If the fair market value of the property to be sold	154
is, in the opinion of the board, in excess of two thousand five	155
hundred dollars, the board shall publish notice of the time,	156
place, and manner of the sale once a week for three weeks in a	157
newspaper published, or of general circulation, in the township,	158
the last of suchthose publications to be at least five days	159
before the date of sale, and shall post a typewritten or printed	160
notice of the time, place, and manner of the sale in the office of	161
the board for at least ten days prior to the sale. If	162

(2) If the fair market value of the property to be sold is,	163
in the opinion of the board, two thousand five hundred dollars or	164
less, the board may sell the property by private sale, without	165
advertisement or public notification.	166

Where(3) If the board finds, by resolution, that the	167
township has motor vehicles, road machinery, equipment, or tools	168
which are not needed, or which are unfit for public use, and the	169
board wishes to sell suchthe motor vehicles, road machinery,	170
equipment, or tools to the person or firm from which it proposes	171
to purchase other motor vehicles, road machinery, equipment, or	172
tools, the board may offer to sell the motor vehicles, road	173
machinery, equipment, or tools to suchthat person or firm, and to	174
have suchthe selling price credited to the person or firm against	175
the purchase price of other motor vehicles, road machinery,	176
equipment, or tools.	177

Where(4) If the board advertises for bids for the sale of	178
new motor vehicles, road machinery, equipment, or tools to the	179
township, it may include in the same advertisement a notice of the	180
willingness of the board to accept bids for the purchase of	181
township-owned motor vehicles, road machinery, equipment, or	182
tools, which are obsolete or not needed for public use, and to	183
have the amount of suchthose bids subtracted from the selling	184
price of the new motor vehicles, road machinery, equipment, or	185
tools, as a means of determining the lowest responsible bidder.	186

(5) When a township has title to real property, the board of	187
such township maytrustees, by resolution, may authorize the	188
transfer and conveyance of suchthat property to any other	189
political subdivision of the state upon such terms as are agreed	190
to between suchthe board and the legislative authority of such	191
that political subdivision.	192

(6) If the board of township trustees determines that	193
township personal property is not needed for public use, or is	194
obsolete or unfit for the use for which it was acquired, and that	195
the property has no value, the board may discard or salvage that	196
property.	197

(B) When the board has offered property at public auction	198
under this section and has not received an acceptable offer, the	199
board, by resolution, may enter into a contract, without	200
advertising or bidding, for the sale of that property. The	201
resolution shall specify a minimum acceptable price and the	202
minimum acceptable terms for the contract. The minimum acceptable	203
price shall not be lower than the minimum price established for	204
the public auction.	205

(C) Notwithstanding anything to the contrary in division (A)	206
or (B) of this section and regardless of the property's value, the	207
board of township trustees may sell personal property, including	208
motor vehicles, road machinery, equipment, tools, or supplies,	209
which is not needed for public use, or is obsolete or unfit for	210
the use for which it was acquired, by internet auction. The board	211
shall adopt, during each calendar year, a resolution expressing	212
its intent to sell that property by internet auction. The	213
resolution shall include a description of how the auctions will be	214
conducted and shall specify the number of days for bidding on the	215
property, which shall be no less than fifteen days, including	216
Saturdays, Sundays, and legal holidays. The resolution shall	217
indicate whether the township will conduct the auction or the	218
board will contract with a representative to conduct the auction	219
and shall establish the general terms and conditions of sale. If	220
a representative is known when the resolution is adopted, the	221
resolution shall provide contact information such as the	222
representative's name, address, and telephone number.	223

After adoption of the resolution, the board shall publish, in	224
a newspaper of general circulation in the township, notice of its	225
intent to sell unneeded, obsolete, or unfit township personal	226
property by internet auction. The notice shall include a summary	227
of the information provided in the resolution and shall be	228
published at least twice. The second and any subsequent notice	229
shall be published not less than ten nor more than twenty days	230
after the previous notice. A clerk also shall post a similar	231
notice throughout the calendar year in a conspicuous place in the	232
board's office and, if the township maintains a website on the	233
internet, the notice shall be posted continually throughout the	234
calendar year at that website.	235

When property is to be sold by internet auction, the board or	236
its representative may establish a minimum price that will be	237
accepted for specific items and may establish any other terms and	238
conditions for the particular sale, including requirements for	239
pick-up or delivery, method of payment, and sales tax. This type	240
of information shall be provided on the internet at the time of	241
the auction and may be provided before that time upon request	242
after the terms and conditions have been determined by the board	243
or its representative.	244

As used in this section, "internet" means the international	245
computer network of both federal and nonfederal interoperable	246
packet switched data networks, including the graphical subnetwork	247
called the world wide web.	248

Sec. 721.15. (A) Personal property not needed for municipal	250
purposes, the estimated value of which is less than one thousand	251
dollars, may be sold by the board or officer having supervision or	252
management thereofof that property. If the estimated value of	253
suchthat property exceedsis one thousand dollars or more, it	254
shall be sold only when authorized by an ordinance of the	255
legislative authority of the municipal corporation and approved by	256
the board, officer, or director having supervision or management	257
of such personalthat property. When so authorized such, the	258
board, officer, or director shall make a written contract with the	259
highest and best bidder after advertisement for not less than two	260
noror more than four consecutive weeks in a newspaper of general	261
circulation within the municipal corporation, or with a board of	262
county commissioners upon such lawful terms as are agreed upon, as	263
provided by section 721.27 of the Revised Code.	264

(B) When the legislative authority finds, by resolution,	265
that the municipal corporation has vehicles, equipment, or	266
machinery which is obsolete, or is not needed or is unfit for	267
public use, and further finds that the municipal corporation has	268
need of other vehicles, equipment, or machinery of the same type,	269
and further finds that it will be toin the best interest of the	270
municipal corporation that suchthe sale of obsolete, unneeded, or	271
unfit vehicles, equipment, or machinery be made simultaneously	272
with the purchase of the new vehicles, equipment, or machinery of	273
the same type, saidthe legislative authority may offer to sell,	274
or authorize a board, officer, or director of saidthe municipal	275
corporation having supervision or management of saidthe property	276
to offer to sell, saidthose vehicles, equipment, or machinery and	277
to have the selling price for the same credited against the	278
purchase price of other vehicles, equipment, or machinery and to	279
consummate suchthe sale and purchase by a single contract with	280
the lowest and best bidder to be determined by subtracting from	281
the selling price of the vehicles, equipment, or machinery to be	282
purchased by saidthe municipal corporation the purchase price	283
offered for saidthe municipally-owned vehicles, equipment, or	284
machinery. When the legislative authority or the authorized	285
board, officer, or director of a municipal corporation advertises	286
for bids for the sale of new vehicles, equipment, or machinery to	287
the municipal corporation, they may include in the same	288
advertisement a notice of willingness to accept bids for the	289
purchase of municipally-owned vehicles, equipment, or machinery	290
which is obsolete, unfit, or is not needed or is unfit for public	291
use, and to have the amount of suchthose bids subtracted from the	292
selling price as a means of determining the lowest and best	293
bidder.	294

(C) If the legislative authority of the municipal	295
corporation determines that municipal personal property is not	296
needed for public use, or is obsolete or unfit for the use for	297
which it was acquired, and that the property has no value, the	298
legislative authority may discard or salvage that property.	299

(D) Notwithstanding anything to the contrary in division (A)	300
or (B) of this section and regardless of the property's value, the	301
legislative authority of a municipal corporation may sell personal	302
property, including motor vehicles acquired for the use of	303
municipal officers and departments, and road machinery, equipment,	304
tools, or supplies, which is not needed for public use, or is	305
obsolete or unfit for the use for which it was acquired, by	306
internet auction. The legislative authority shall adopt, during	307
each calendar year, a resolution expressing its intent to sell	308
that property by internet auction. The resolution shall include a	309
description of how the auctions will be conducted and shall	310
specify the number of days for bidding on the property, which	311
shall be no less than fifteen days, including Saturdays, Sundays,	312
and legal holidays. The resolution shall indicate whether the	313
municipal corporation will conduct the auction or the legislative	314
authority will contract with a representative to conduct the	315
auction and shall establish the general terms and conditions of	316
sale. If a representative is known when the resolution is	317
adopted, the resolution shall provide contact information such as	318
the representative's name, address, and telephone number.	319

After adoption of the resolution, the legislative authority	320
shall publish, in a newspaper of general circulation in the	321
municipal corporation, notice of its intent to sell unneeded,	322
obsolete, or unfit municipal personal property by internet	323
auction. The notice shall include a summary of the information	324
provided in the resolution and shall be published at least twice.	325
The second and any subsequent notice shall be published not less	326
than ten nor more than twenty days after the previous notice. A	327
similar notice also shall be posted continually throughout the	328
calendar year in a conspicuous place in the offices of the village	329
clerk or city auditor, and the legislative authority, and, if the	330
municipal corporation maintains a website on the internet, the	331
notice shall be posted continually throughout the calendar year at	332
that website.	333

When the property is to be sold by internet auction, the	334
legislative authority or its representative may establish a	335
minimum price that will be accepted for specific items and may	336
establish any other terms and conditions for the particular sale,	337
including requirements for pick-up or delivery, method of payment,	338
and sales tax. This type of information shall be provided on the	339
internet at the time of the auction and may be provided before	340
that time upon request after the terms and conditions have been	341
determined by the legislative authority or its representative.	342

As used in this section, "internet" means the international	343
computer network of both federal and nonfederal interoperable	344
packet switched data networks, including the graphical subnetwork	345
called the world wide web.	346

Section 2. That existing sections 307.12, 505.10, and 721.15	348
of the Revised Code are hereby repealed.	349