REPRESENTATIVE Hoops

To amend sections 307.12 and 505.10 of the Revised

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Code to allow boards of county commissioners and

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boards of township trustees to donate certain

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personal property to eligible nonprofit

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organizations.

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

Section 1. That sections 307.12 and 505.10 of the Revised	6
Code be amended to read as follows:	7

Sec. 307.12.  (A) Except as otherwise provided in divisions	8
(B), (C), and(D), (E), and (G) of this section, when the board of	9
county commissioners finds, by resolution, that the county has	10
personal property, including motor vehicles acquired for the use	11
of county officers and departments, and road machinery, equipment,	12
tools, or supplies, which is not needed for public use, or is	13
obsolete, or is unfit for the use for which it was acquired, and	14
when the fair market value of the property to be sold or donated	15
under this division is, in the opinion of the board, in excess of	16
two thousand five hundred dollars, the board may do either of the	17
following:	18

(1) Sell the property at public auction or by sealed bid to	19
the highest bidder. Notice of the time, place, and manner of the	20
sale shall be published in a newspaper of general circulation in	21
the county at least ten days prior to the sale, and a typewritten	22
or printed notice of the time, place, and manner of the sale shall	23
be posted at least ten days before the sale in the offices of the	24
county auditor and the board of county commissioners.	25

If a board conducts a sale of property by sealed bid, the	26
form of the bid shall be as prescribed by the board, and each bid	27
shall contain the name of the person submitting it. Bids received	28
shall be opened and tabulated at the time stated in the notice.	29
The property shall be sold to the highest bidder, except that the	30
board may reject all bids and hold another sale, by public auction	31
or sealed bid, in the manner prescribed by this section.	32

(2) Donate any motor vehicle that does not exceed four	33
thousand five hundred dollars in value to a nonprofit organization	34
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	35
and (c)(3) for the purpose of meeting the transportation needs of	36
participants in the Ohio works first program established under	37
Chapter 5107. of the Revised Code and participants in the	38
prevention, retention, and contingency program established under	39
Chapter 5108. of the Revised Code.	40

(B) When the board of county commissioners finds, by	41
resolution, that the county has personal property, including motor	42
vehicles acquired for the use of county officers and departments,	43
and road machinery, equipment, tools, or supplies, which is not	44
needed for public use, or is obsolete, or is unfit for the use for	45
which it was acquired, and when the fair market value of the	46
property to be sold or donated under this division is, in the	47
opinion of the board, two thousand five hundred dollars or less,	48
the board may selldo either of the following:	49

(1) Sell the property by private sale, without advertisement	50
or public notification;	51

(2) Donate the property to an eligible nonprofit organization	52
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	53
and (c)(3). Before donating any property under this division, the	54
board shall adopt a resolution expressing its intent to make	55
unneeded, obsolete, or unfit-for-use county personal property	56
available to these organizations. The resolution shall include	57
guidelines and procedures the board considers necessary to	58
implement a donation program under this division and shall	59
indicate whether the county will conduct the donation program or	60
the board will contract with a representative to conduct it. If a	61
representative is known when the resolution is adopted, the	62
resolution shall provide contact information such as the	63
representative's name, address, and telephone number.	64

The resolution shall include within its procedures a	65
requirement that any nonprofit organization desiring to obtain	66
donated property under this division shall submit a written notice	67
to the board or its representative. The written notice shall	68
include evidence that the organization is a nonprofit organization	69
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	70
and (c)(3); a description of the organization's primary purpose; a	71
description of the type or types of property the organization	72
needs; and the name, address, and telephone number of a person	73
designated by the organization's governing board to receive	74
donated property and to serve as its agent.	75

After adoption of the resolution, the board shall publish, in	76
a newspaper of general circulation in the county, notice of its	77
intent to donate unneeded, obsolete, or unfit-for-use county	78
personal property to eligible nonprofit organizations. The notice	79
shall include a summary of the information provided in the	80
resolution and shall be published at least twice. The second and	81
any subsequent notice shall be published not less than ten nor	82
more than twenty days after the previous notice. A similar notice	83
also shall be posted continually in a conspicuous place in the	84
offices of the county auditor and the board of county	85
commissioners, and, if the county maintains a web site on the	86
internet, the notice shall be posted continually at that web site.	87

The board or its representative shall maintain a list of all	88
nonprofit organizations that notify the board or its	89
representative of their desire to obtain donated property under	90
this division and that the board or its representative determines	91
to be eligible, in accordance with the requirements set forth in	92
the donation program's guidelines and procedures, to receive	93
donated property.	94

The board or its representatives also shall maintain a list	95
of all county personal property the board finds to be unneeded,	96
obsolete, or unfit for use and to be available for donation under	97
this division. The list shall be posted continually in a	98
conspicuous location in the offices of the county auditor and the	99
board of county commissioners, and, if the county maintains a web	100
site on the internet, the list shall be posted continually at that	101
web site. An item of property on the list shall be donated to the	102
eligible nonprofit organization that first declares to the board	103
or its representative its desire to obtain the item unless the	104
board previously has established, by resolution, a list of	105
eligible nonprofit organizations that shall be given priority with	106
respect to the item's donation. Priority may be given on the basis	107
that the purposes of a nonprofit organization have a direct	108
relationship to specific public purposes of programs provided or	109
administered by the board. A resolution giving priority to certain	110
nonprofit organizations with respect to the donation of an item of	111
property shall specify the reasons why the organizations are given	112
that priority.	113

(C) Members of the board of county commissioners shall	114
consult with the Ohio ethics commission, and comply with the	115
provisions of Chapters 102. and 2921. of the Revised Code, with	116
respect to any sale or donation under division (A) or (B) of this	117
section to a nonprofit organization of which a county	118
commissioner, any member of the county commissioner's family, or	119
any business associate of the county commissioner is a trustee,	120
officer, board member, or employee.	121

(D) Notwithstanding anything to the contrary in division (A),	122
(B), or (C)(E) of this section and regardless of the property's	123
value, the board of county commissioners may sell or donate county	124
personal property, including motor vehicles, to the federal	125
government, the state, or any political subdivision of the state	126
without advertisement or public notification.	127

(C)(E) Notwithstanding anything to the contrary in division	128
(A), (B), or (E)(G) of this section and regardless of the	129
property's value, the board of county commissioners may sell	130
personal property, including motor vehicles acquired for the use	131
of county officers and departments, and road machinery, equipment,	132
tools, or supplies, which is not needed for public use, or is	133
obsolete, or is unfit for the use for which it was acquired, by	134
internet auction. The board shall adopt, during each calendar	135
year, a resolution expressing its intent to sell that property by	136
internet auction. The resolution shall include a description of	137
how the auctions will be conducted and shall specify the number of	138
days for bidding on the property, which shall be no less than	139
fifteen days, including Saturdays, Sundays, and legal holidays.	140
The resolution shall indicate whether the county will conduct the	141
auction or the board will contract with a representative to	142
conduct the auction and shall establish the general terms and	143
conditions of sale. If a representative is known when the	144
resolution is adopted, the resolution shall provide contact	145
information such as the representative's name, address, and	146
telephone number.	147

After adoption of the resolution, the board shall publish, in	148
a newspaper of general circulation in the county, notice of its	149
intent to sell unneeded, obsolete, or unfit-for-use county	150
personal property by internet auction. The notice shall include a	151
summary of the information provided in the resolution and shall be	152
published at least twice. The second and any subsequent notice	153
shall be published not less than ten nor more than twenty days	154
after the previous notice. A similar notice also shall be posted	155
continually throughout the calendar year in a conspicuous place in	156
the offices of the county auditor and the board of county	157
commissioners, and, if the county maintains a websiteweb site on	158
the internet, the notice shall be posted continually throughout	159
the calendar year at that websiteweb site.	160

When property is to be sold by internet auction, the board or	161
its representative may establish a minimum price that will be	162
accepted for specific items and may establish any other terms and	163
conditions for the particular sale, including requirements for	164
pick-up or delivery, method of payment, and sales tax. This type	165
of information shall be provided on the internet at the time of	166
the auction and may be provided before that time upon request	167
after the terms and conditions have been determined by the board	168
or its representative.	169

(D)(F) When a county officer or department head determines	170
that county-owned personal property under the jurisdiction of the	171
officer or department head, including motor vehicles, road	172
machinery, equipment, tools, or supplies, is not of immediate	173
need, the county officer or department head may notify the board	174
of county commissioners, and the board may lease that personal	175
property to any municipal corporation, township, or other	176
political subdivision of the state. The lease shall require the	177
county to be reimbursed under terms, conditions, and fees	178
established by the board, or under contracts executed by the	179
board.	180

(E)(G) If the board of county commissioners finds, by	181
resolution, that the county has vehicles, equipment, or machinery	182
which is not needed, or is unfit for public use, and the board	183
desires to sell the vehicles, equipment, or machinery to the	184
person or firm from which it proposes to purchase other vehicles,	185
equipment, or machinery, the board may offer to sell the vehicles,	186
equipment, or machinery to that person or firm, and to have the	187
selling price credited to the person or firm against the purchase	188
price of other vehicles, equipment, or machinery.	189

(F)(H) If the board of county commissioners advertises for	190
bids for the sale of new vehicles, equipment, or machinery to the	191
county, it may include in the same advertisement a notice of the	192
willingness of the board to accept bids for the purchase of	193
county-owned vehicles, equipment, or machinery which is obsolete	194
or not needed for public use, and to have the amount of those bids	195
subtracted from the selling price of the other vehicles,	196
equipment, or machinery as a means of determining the lowest	197
responsible bidder.	198

(G)(I) If a board of county commissioners determines that	199
county personal property is not needed for public use, or is	200
obsolete or unfit for the use for which it was acquired, and that	201
the property has no value, the board may discard or salvage that	202
property.	203

(H)(J) As used in this section, "internet" means the	204
international computer network of both federal and nonfederal	205
interoperable packet switched data networks, including the	206
graphical subnetwork called the world wide web.	207

Sec. 505.10. (A) The board of township trustees may accept,	208
on behalf of the township, the donation by bequest, devise, deed	209
of gift, or otherwise, of any real or personal property for any	210
township use. When the township has property, including motor	211
vehicles, road machinery, equipment, and tools, which the board,	212
by resolution, finds it doesis not needneeded for public use, is	213
obsolete, or is unfit for the use for which it was acquired, the	214
board may sell and convey that property or otherwise dispose of it	215
in accordance with this section. Except as otherwise provided in	216
sections 505.08, 505.101, and 505.102 of the Revised Code, the	217
sale or other disposition of unneeded, obsolete, or unfit-for-use	218
property shall be made in accordance with one of the following:	219

(A)(1) If the fair market value of property to be sold is, in	220
the opinion of the board, in excess of two thousand five hundred	221
dollars, the sale shall be by public auction, and the. The board	222
shall publish notice of the time, place, and manner of the sale	223
once a week for three weeks in a newspaper published, or of	224
general circulation, in the township, the last of those	225
publications to be at least five days before the date of sale, and	226
shall post a typewritten or printed notice of the time, place, and	227
manner of the sale in the office of the board for at least ten	228
days prior to the sale.	229

(2) If the fair market value of property to be sold is, in	230
the opinion of the board, two thousand five hundred dollars or	231
less, the board may selldo either of the following:	232

(a) Sell the property by private sale, without advertisement	233
or public notification;	234

(b) Donate the property to an eligible nonprofit organization	235
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	236
and (c)(3). Before donating any property under this division, the	237
board shall adopt a resolution expressing its intent to make	238
unneeded, obsolete, or unfit-for-use township property available	239
to these organizations. The resolution shall include guidelines	240
and procedures the board considers to be necessary to implement	241
the donation program and shall indicate whether the township will	242
conduct the donation program or the board will contract with a	243
representative to conduct it. If a representative is known when	244
the resolution is adopted, the resolution shall provide contact	245
information such as the representative's name, address, and	246
telephone number.	247

The resolution shall include within its procedures a	248
requirement that any nonprofit organization desiring to obtain	249
donated property under this division shall submit a written notice	250
to the board or its representative. The written notice shall	251
include evidence that the organization is a nonprofit organization	252
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	253
and (c)(3); a description of the organization's primary purpose; a	254
description of the type or types of property the organization	255
needs; and the name, address, and telephone number of a person	256
designated by the organization's governing board to receive	257
donated property and to serve as its agent.	258

After adoption of the resolution, the board shall publish, in	259
a newspaper of general circulation in the township, notice of its	260
intent to donate unneeded, obsolete, or unfit-for-use township	261
property to eligible nonprofit organizations. The notice shall	262
include a summary of the information provided in the resolution	263
and shall be published at least twice. The second and any	264
subsequent notice shall be published not less than ten nor more	265
than twenty days after the previous notice. A similar notice also	266
shall be posted continually in the board's office, and, if the	267
township maintains a web site on the internet, the notice shall be	268
posted continually at that web site.	269

The board or its representatives shall maintain a list of all	270
nonprofit organizations that notify the board or its	271
representative of their desire to obtain donated property under	272
this division and that the board or its representative determines	273
to be eligible, in accordance with the requirements set forth in	274
the donation program's guidelines and procedures, to receive	275
donated property.	276

The board or its representative also shall maintain a list of	277
all township property the board finds to be unneeded, obsolete, or	278
unfit for use and to be available for donation under this	279
division. The list shall be posted continually in a conspicuous	280
location in the board's office, and, if the township maintains a	281
web site on the internet, the list shall be posted continually at	282
that web site. An item of property on the list shall be donated to	283
the eligible nonprofit organization that first declares to the	284
board or its representative its desire to obtain the item unless	285
the board previously has established, by resolution, a list of	286
eligible nonprofit organizations that shall be given priority with	287
respect to the item's donation. Priority may be given on the basis	288
that the purposes of a nonprofit organization have a direct	289
relationship to specific public purposes of programs provided or	290
administered by the board. A resolution giving priority to certain	291
nonprofit organizations with respect to the donation of an item of	292
property shall specify the reasons why the organizations are given	293
that priority.	294

(3) If the board finds, by resolution, that the township has	295
motor vehicles, road machinery, equipment, or tools which are not	296
needed or are unfit for public use, and the board wishes to sell	297
the motor vehicles, road machinery, equipment, or tools to the	298
person or firm from which it proposes to purchase other motor	299
vehicles, road machinery, equipment, or tools, the board may offer	300
to sell the motor vehicles, road machinery, equipment, or tools to	301
that person or firm, and to have the selling price credited to the	302
person or firm against the purchase price of other motor vehicles,	303
road machinery, equipment, or tools.	304

(4) If the board advertises for bids for the sale of new	305
motor vehicles, road machinery, equipment, or tools to the	306
township, it may include in the same advertisement a notice of the	307
willingness of the board to accept bids for the purchase of	308
township-owned motor vehicles, road machinery, equipment, or tools	309
which are obsolete or not needed for public use, and to have the	310
amount of those bids subtracted from the selling price of the new	311
motor vehicles, road machinery, equipment, or tools, as a means of	312
determining the lowest responsible bidder.	313

(5) When a township has title to real property, the board of	314
township trustees, by resolution, may authorize the transfer and	315
conveyance of that property to any other political subdivision of	316
the state upon such terms as are agreed to between the board and	317
the legislative authority of that political subdivision.	318

(6) When a township has title to real property and the board	319
of township trustees wishes to sell or otherwise transfer the	320
property, the board, upon a unanimous vote of its members and by	321
resolution, may authorize the transfer and conveyance of that real	322
property to any person upon whatever terms are agreed to between	323
the board and that person.	324

(7) If the board of township trustees determines that	325
township personal property is not needed for public use, or is	326
obsolete or unfit for the use for which it was acquired, and that	327
the property has no value, the board may discard or salvage that	328
property.	329

(B) When the board has offered property at public auction	330
under this section and has not received an acceptable offer, the	331
board, by resolution, may enter into a contract, without	332
advertising or bidding, for the sale of that property. The	333
resolution shall specify a minimum acceptable price and the	334
minimum acceptable terms for the contract. The minimum acceptable	335
price shall not be lower than the minimum price established for	336
the public auction.	337

(C) Members of the board shall consult with the Ohio ethics	338
commission and comply with the provisions of Chapters 102. and	339
2921. of the Revised Code, with respect to any sale or donation	340
under division (A)(2) of this section to a nonprofit organization	341
of which a township trustee, any member of the township trustee's	342
family, or any business associate of the township trustee is a	343
trustee, officer, board member, or employee.	344

(D) Notwithstanding anything to the contrary in division (A)	345
or (B) of this section and regardless of the property's value, the	346
board of township trustees may sell personal property, including	347
motor vehicles, road machinery, equipment, tools, or supplies,	348
which is not needed for public use, or is obsolete, or is unfit	349
for the use for which it was acquired, by internet auction. The	350
board shall adopt, during each calendar year, a resolution	351
expressing its intent to sell that property by internet auction.	352
The resolution shall include a description of how the auctions	353
will be conducted and shall specify the number of days for bidding	354
on the property, which shall be no less than fifteen days,	355
including Saturdays, Sundays, and legal holidays. The resolution	356
shall indicate whether the township will conduct the auction or	357
the board will contract with a representative to conduct the	358
auction and shall establish the general terms and conditions of	359
sale. If a representative is known when the resolution is adopted,	360
the resolution shall provide contact information such as the	361
representative's name, address, and telephone number.	362

After adoption of the resolution, the board shall publish, in	363
a newspaper of general circulation in the township, notice of its	364
intent to sell unneeded, obsolete, or unfit-for-use township	365
personal property by internet auction. The notice shall include a	366
summary of the information provided in the resolution and shall be	367
published at least twice. The second and any subsequent notice	368
shall be published not less than ten nor more than twenty days	369
after the previous notice. A clerk also shall post a similar	370
notice also shall be posted continually throughout the calendar	371
year in a conspicuous place in the board's office, and, if the	372
township maintains a websiteweb site on the internet, the notice	373
shall be posted continually throughout the calendar year at that	374
websiteweb site.	375

When property is to be sold by internet auction, the board or	376
its representative may establish a minimum price that will be	377
accepted for specific items and may establish any other terms and	378
conditions for the particular sale, including requirements for	379
pick-up or delivery, method of payment, and sales tax. This type	380
of information shall be provided on the internet at the time of	381
the auction and may be provided before that time upon request	382
after the terms and conditions have been determined by the board	383
or its representative.	384

As used in this section, "internet" means the international	385
computer network of both federal and nonfederal interoperable	386
packet switched data networks, including the graphical subnetwork	387
called the world wide web.	388

Section 2. That existing sections 307.12 and 505.10 of the	389
Revised Code are hereby repealed.	390