REPRESENTATIVES Hoops, Wolpert, Daniels, Chandler, Cirelli, Collier, Domenick, C. Evans, Fessler, Flowers, Martin, McGregor, Olman, Price, Schlichter, Sferra, Skindell, Ujvagi, Wagner, Walcher

To amend sections 307.12 and 505.10 of the Revised

1

Code to allow boards of county commissioners and

2

boards of township trustees to donate certain

3

personal property to eligible nonprofit

4

organizations located in Ohio.

5

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
that is located in this state and is exempt from federal income	53
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating	54
any property under this division, the board shall adopt a	55
resolution expressing its intent to make unneeded, obsolete, or	56
unfit-for-use county personal property available to these	57
organizations. The resolution shall include guidelines and	58
procedures the board considers necessary to implement a donation	59
program under this division and shall indicate whether the county	60
will conduct the donation program or the board will contract with	61
a representative to conduct it. If a representative is known when	62
the resolution is adopted, the resolution shall provide contact	63
information such as the representative's name, address, and	64
telephone number.	65

The resolution shall include within its procedures a	66
requirement that any nonprofit organization desiring to obtain	67
donated property under this division shall submit a written notice	68
to the board or its representative. The written notice shall	69
include evidence that the organization is a nonprofit organization	70
that is located in this state and is exempt from federal income	71
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	72
the organization's primary purpose; a description of the type or	73
types of property the organization needs; and the name, address,	74
and telephone number of a person designated by the organization's	75
governing board to receive donated property and to serve as its	76
agent.	77

After adoption of the resolution, the board shall publish, in	78
a newspaper of general circulation in the county, notice of its	79
intent to donate unneeded, obsolete, or unfit-for-use county	80
personal property to eligible nonprofit organizations. The notice	81
shall include a summary of the information provided in the	82
resolution and shall be published at least twice. The second and	83
any subsequent notice shall be published not less than ten nor	84
more than twenty days after the previous notice. A similar notice	85
also shall be posted continually in a conspicuous place in the	86
offices of the county auditor and the board of county	87
commissioners, and, if the county maintains a web site on the	88
internet, the notice shall be posted continually at that web site.	89

The board or its representative shall maintain a list of all	90
nonprofit organizations that notify the board or its	91
representative of their desire to obtain donated property under	92
this division and that the board or its representative determines	93
to be eligible, in accordance with the requirements set forth in	94
this section and in the donation program's guidelines and	95
procedures, to receive donated property.	96

The board or its representatives also shall maintain a list	97
of all county personal property the board finds to be unneeded,	98
obsolete, or unfit for use and to be available for donation under	99
this division. The list shall be posted continually in a	100
conspicuous location in the offices of the county auditor and the	101
board of county commissioners, and, if the county maintains a web	102
site on the internet, the list shall be posted continually at that	103
web site. An item of property on the list shall be donated to the	104
eligible nonprofit organization that first declares to the board	105
or its representative its desire to obtain the item unless the	106
board previously has established, by resolution, a list of	107
eligible nonprofit organizations that shall be given priority with	108
respect to the item's donation. Priority may be given on the basis	109
that the purposes of a nonprofit organization have a direct	110
relationship to specific public purposes of programs provided or	111
administered by the board. A resolution giving priority to certain	112
nonprofit organizations with respect to the donation of an item of	113
property shall specify the reasons why the organizations are given	114
that priority.	115

(C) Members of the board of county commissioners shall	116
consult with the Ohio ethics commission, and comply with the	117
provisions of Chapters 102. and 2921. of the Revised Code, with	118
respect to any sale or donation under division (A) or (B) of this	119
section to a nonprofit organization of which a county	120
commissioner, any member of the county commissioner's family, or	121
any business associate of the county commissioner is a trustee,	122
officer, board member, or employee.	123

(D) Notwithstanding anything to the contrary in division (A),	124
(B), or (C)(E) of this section and regardless of the property's	125
value, the board of county commissioners may sell or donate county	126
personal property, including motor vehicles, to the federal	127
government, the state, or any political subdivision of the state	128
without advertisement or public notification.	129

(C)(E) Notwithstanding anything to the contrary in division	130
(A), (B), or (E)(G) of this section and regardless of the	131
property's value, the board of county commissioners may sell	132
personal property, including motor vehicles acquired for the use	133
of county officers and departments, and road machinery, equipment,	134
tools, or supplies, which is not needed for public use, or is	135
obsolete, or is unfit for the use for which it was acquired, by	136
internet auction. The board shall adopt, during each calendar	137
year, a resolution expressing its intent to sell that property by	138
internet auction. The resolution shall include a description of	139
how the auctions will be conducted and shall specify the number of	140
days for bidding on the property, which shall be no less than	141
fifteen days, including Saturdays, Sundays, and legal holidays.	142
The resolution shall indicate whether the county will conduct the	143
auction or the board will contract with a representative to	144
conduct the auction and shall establish the general terms and	145
conditions of sale. If a representative is known when the	146
resolution is adopted, the resolution shall provide contact	147
information such as the representative's name, address, and	148
telephone number.	149

After adoption of the resolution, the board shall publish, in	150
a newspaper of general circulation in the county, notice of its	151
intent to sell unneeded, obsolete, or unfit-for-use county	152
personal property by internet auction. The notice shall include a	153
summary of the information provided in the resolution and shall be	154
published at least twice. The second and any subsequent notice	155
shall be published not less than ten nor more than twenty days	156
after the previous notice. A similar notice also shall be posted	157
continually throughout the calendar year in a conspicuous place in	158
the offices of the county auditor and the board of county	159
commissioners, and, if the county maintains a websiteweb site on	160
the internet, the notice shall be posted continually throughout	161
the calendar year at that websiteweb site.	162

When property is to be sold by internet auction, the board or	163
its representative may establish a minimum price that will be	164
accepted for specific items and may establish any other terms and	165
conditions for the particular sale, including requirements for	166
pick-up or delivery, method of payment, and sales tax. This type	167
of information shall be provided on the internet at the time of	168
the auction and may be provided before that time upon request	169
after the terms and conditions have been determined by the board	170
or its representative.	171

(D)(F) When a county officer or department head determines	172
that county-owned personal property under the jurisdiction of the	173
officer or department head, including motor vehicles, road	174
machinery, equipment, tools, or supplies, is not of immediate	175
need, the county officer or department head may notify the board	176
of county commissioners, and the board may lease that personal	177
property to any municipal corporation, township, or other	178
political subdivision of the state. The lease shall require the	179
county to be reimbursed under terms, conditions, and fees	180
established by the board, or under contracts executed by the	181
board.	182

(E)(G) If the board of county commissioners finds, by	183
resolution, that the county has vehicles, equipment, or machinery	184
which is not needed, or is unfit for public use, and the board	185
desires to sell the vehicles, equipment, or machinery to the	186
person or firm from which it proposes to purchase other vehicles,	187
equipment, or machinery, the board may offer to sell the vehicles,	188
equipment, or machinery to that person or firm, and to have the	189
selling price credited to the person or firm against the purchase	190
price of other vehicles, equipment, or machinery.	191

(F)(H) If the board of county commissioners advertises for	192
bids for the sale of new vehicles, equipment, or machinery to the	193
county, it may include in the same advertisement a notice of the	194
willingness of the board to accept bids for the purchase of	195
county-owned vehicles, equipment, or machinery which is obsolete	196
or not needed for public use, and to have the amount of those bids	197
subtracted from the selling price of the other vehicles,	198
equipment, or machinery as a means of determining the lowest	199
responsible bidder.	200

(G)(I) If a board of county commissioners determines that	201
county personal property is not needed for public use, or is	202
obsolete or unfit for the use for which it was acquired, and that	203
the property has no value, the board may discard or salvage that	204
property.	205

(H)(J) As used in this section, "internet" means the	206
international computer network of both federal and nonfederal	207
interoperable packet switched data networks, including the	208
graphical subnetwork called the world wide web.	209

Sec. 505.10. (A) The board of township trustees may accept,	210
on behalf of the township, the donation by bequest, devise, deed	211
of gift, or otherwise, of any real or personal property for any	212
township use. When the township has property, including motor	213
vehicles, road machinery, equipment, and tools, which the board,	214
by resolution, finds is not needed for public use, is obsolete, or	215
is unfit for the use for which it was acquired, the board may sell	216
and convey that property or otherwise dispose of it in accordance	217
with this section. Except as otherwise provided in sections	218
505.08, 505.101, and 505.102 of the Revised Code, the sale or	219
other disposition of unneeded, obsolete, or unfit-for-use property	220
shall be made in accordance with one of the following:	221

(A)(1) If the fair market value of property to be sold is, in	222
the opinion of the board, in excess of two thousand five hundred	223
dollars, the sale shall be by public auction or by sealed bid to	224
the highest bidder. The board shall publish notice of the time,	225
place, and manner of the sale once a week for three weeks in a	226
newspaper published, or of general circulation, in the township,	227
the last of those publications to be at least five days before the	228
date of sale, and shall post a typewritten or printed notice of	229
the time, place, and manner of the sale in the office of the board	230
for at least ten days prior to the sale.	231

If the board conducts the sale of the property by sealed bid,	232
the form of the bid shall be as prescribed by the board, and each	233
bid shall contain the name of the person submitting it. Bids	234
received shall be opened and tabulated at the time stated in the	235
published and posted notices. The property shall be sold to the	236
highest bidder, except that the board may reject all bids and hold	237
another sale, by public auction or sealed bid, in the manner	238
prescribed by this section.	239

(2) If the fair market value of property to be sold is, in	240
the opinion of the board, two thousand five hundred dollars or	241
less, the board may selldo either of the following:	242

(a) Sell the property by private sale, without advertisement	243
or public notification;	244

(b) Donate the property to an eligible nonprofit organization	245
that is located in this state and is exempt from federal income	246
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating	247
any property under this division, the board shall adopt a	248
resolution expressing its intent to make unneeded, obsolete, or	249
unfit-for-use township property available to these organizations.	250
The resolution shall include guidelines and procedures the board	251
considers to be necessary to implement the donation program and	252
shall indicate whether the township will conduct the donation	253
program or the board will contract with a representative to	254
conduct it. If a representative is known when the resolution is	255
adopted, the resolution shall provide contact information such as	256
the representative's name, address, and telephone number.	257

The resolution shall include within its procedures a	258
requirement that any nonprofit organization desiring to obtain	259
donated property under this division shall submit a written notice	260
to the board or its representative. The written notice shall	261
include evidence that the organization is a nonprofit organization	262
that is located in this state and is exempt from federal income	263
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	264
the organization's primary purpose; a description of the type or	265
types of property the organization needs; and the name, address,	266
and telephone number of a person designated by the organization's	267
governing board to receive donated property and to serve as its	268
agent.	269

After adoption of the resolution, the board shall publish, in	270
a newspaper of general circulation in the township, notice of its	271
intent to donate unneeded, obsolete, or unfit-for-use township	272
property to eligible nonprofit organizations. The notice shall	273
include a summary of the information provided in the resolution	274
and shall be published at least twice. The second and any	275
subsequent notice shall be published not less than ten nor more	276
than twenty days after the previous notice. A similar notice also	277
shall be posted continually in the board's office, and, if the	278
township maintains a web site on the internet, the notice shall be	279
posted continually at that web site.	280

The board or its representatives shall maintain a list of all	281
nonprofit organizations that notify the board or its	282
representative of their desire to obtain donated property under	283
this division and that the board or its representative determines	284
to be eligible, in accordance with the requirements set forth in	285
this section and in the donation program's guidelines and	286
procedures, to receive donated property.	287

The board or its representative also shall maintain a list of	288
all township property the board finds to be unneeded, obsolete, or	289
unfit for use and to be available for donation under this	290
division. The list shall be posted continually in a conspicuous	291
location in the board's office, and, if the township maintains a	292
web site on the internet, the list shall be posted continually at	293
that web site. An item of property on the list shall be donated to	294
the eligible nonprofit organization that first declares to the	295
board or its representative its desire to obtain the item unless	296
the board previously has established, by resolution, a list of	297
eligible nonprofit organizations that shall be given priority with	298
respect to the item's donation. Priority may be given on the basis	299
that the purposes of a nonprofit organization have a direct	300
relationship to specific public purposes of programs provided or	301
administered by the board. A resolution giving priority to certain	302
nonprofit organizations with respect to the donation of an item of	303
property shall specify the reasons why the organizations are given	304
that priority.	305

(3) If the board finds, by resolution, that the township has	306
motor vehicles, road machinery, equipment, or tools which are not	307
needed or are unfit for public use, and the board wishes to sell	308
the motor vehicles, road machinery, equipment, or tools to the	309
person or firm from which it proposes to purchase other motor	310
vehicles, road machinery, equipment, or tools, the board may offer	311
to sell the motor vehicles, road machinery, equipment, or tools to	312
that person or firm, and to have the selling price credited to the	313
person or firm against the purchase price of other motor vehicles,	314
road machinery, equipment, or tools.	315

(4) If the board advertises for bids for the sale of new	316
motor vehicles, road machinery, equipment, or tools to the	317
township, it may include in the same advertisement a notice of the	318
willingness of the board to accept bids for the purchase of	319
township-owned motor vehicles, road machinery, equipment, or tools	320
which are obsolete or not needed for public use, and to have the	321
amount of those bids subtracted from the selling price of the new	322
motor vehicles, road machinery, equipment, or tools, as a means of	323
determining the lowest responsible bidder.	324

(5) When a township has title to real property, the board of	325
township trustees, by resolution, may authorize the transfer and	326
conveyance of that property to any other political subdivision of	327
the state upon such terms as are agreed to between the board and	328
the legislative authority of that political subdivision.	329

(6) When a township has title to real property and the board	330
of township trustees wishes to sell or otherwise transfer the	331
property, the board, upon a unanimous vote of its members and by	332
resolution, may authorize the transfer and conveyance of that real	333
property to any person upon whatever terms are agreed to between	334
the board and that person.	335

(7) If the board of township trustees determines that	336
township personal property is not needed for public use, or is	337
obsolete or unfit for the use for which it was acquired, and that	338
the property has no value, the board may discard or salvage that	339
property.	340

(B) When the board has offered property at public auction	341
under this section and has not received an acceptable offer, the	342
board, by resolution, may enter into a contract, without	343
advertising or bidding, for the sale of that property. The	344
resolution shall specify a minimum acceptable price and the	345
minimum acceptable terms for the contract. The minimum acceptable	346
price shall not be lower than the minimum price established for	347
the public auction.	348

(C) Members of the board shall consult with the Ohio ethics	349
commission and comply with the provisions of Chapters 102. and	350
2921. of the Revised Code, with respect to any sale or donation	351
under division (A)(2) of this section to a nonprofit organization	352
of which a township trustee, any member of the township trustee's	353
family, or any business associate of the township trustee is a	354
trustee, officer, board member, or employee.	355

(D) Notwithstanding anything to the contrary in division (A)	356
or (B) of this section and regardless of the property's value, the	357
board may sell personal property, including motor vehicles, road	358
machinery, equipment, tools, or supplies, which is not needed for	359
public use, or is obsolete, or is unfit for the use for which it	360
was acquired, by internet auction. The board shall adopt, during	361
each calendar year, a resolution expressing its intent to sell	362
that property by internet auction. The resolution shall include a	363
description of how the auctions will be conducted and shall	364
specify the number of days for bidding on the property, which	365
shall be no less than fifteen days, including Saturdays, Sundays,	366
and legal holidays. The resolution shall indicate whether the	367
township will conduct the auction or the board will contract with	368
a representative to conduct the auction and shall establish the	369
general terms and conditions of sale. If a representative is known	370
when the resolution is adopted, the resolution shall provide	371
contact information such as the representative's name, address,	372
and telephone number.	373

After adoption of the resolution, the board shall publish, in	374
a newspaper of general circulation in the township, notice of its	375
intent to sell unneeded, obsolete, or unfit-for-use township	376
personal property by internet auction. The notice shall include a	377
summary of the information provided in the resolution and shall be	378
published at least twice. The second and any subsequent notice	379
shall be published not less than ten nor more than twenty days	380
after the previous notice. A clerk also shall post a similar	381
notice also shall be posted continually throughout the calendar	382
year in a conspicuous place in the board's office, and, if the	383
township maintains a web site on the internet, the notice shall be	384
posted continually throughout the calendar year at that web site.	385

When property is to be sold by internet auction, the board or	386
its representative may establish a minimum price that will be	387
accepted for specific items and may establish any other terms and	388
conditions for the particular sale, including requirements for	389
pick-up or delivery, method of payment, and sales tax. This type	390
of information shall be provided on the internet at the time of	391
the auction and may be provided before that time upon request	392
after the terms and conditions have been determined by the board	393
or its representative.	394

As used in this section, "internet" means the international	395
computer network of both federal and nonfederal interoperable	396
packet switched data networks, including the graphical subnetwork	397
called the world wide web.	398

Section 2. That existing sections 307.12 and 505.10 of the	399
Revised Code are hereby repealed.	400