S. B. No. 55 As Introduced

Senators Randy Gardner, Stivers, Miller, Mumper, Schuler, Prentiss, Mallory, Austria, Carey, Dann, Herington, Fedor, Coughlin

A BILL

To amend sections 3375.40, 3375.41, and 5705.281 and 1
to enact section 3375.392 of the Revised Code to 2
revise the bidding threshold for public 3
improvements applicable to free public libraries; 4
to eliminate restrictions on group life insurance 5
coverage offered by free public libraries to their 6
employees; to allow a board of library trustees to 7
authorize its employees to use a credit card held 8
by the library to pay for library business 9
expenses; and to allow the county budget 10
commission to waive certain requirements relating 11
to tax budgets or estimates of contemplated 12
revenue and expenditures in any county in which a 13
single library receives all of the county library 14
and local government support fund or receives all 15
of that portion of the fund that is distributed to 16
libraries. 17

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

       Section 1. That sections 3375.40, 3375.41, and 5705.281 be 18
amended and section 3375.392 of the Revised Code be enacted to 19
read as follows: 20

       Sec. 3375.392. (A) A board of library trustees appointed 21
pursuant to section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22, 22
or 3375.30 of the Revised Code may authorize an officer, employee, 23
or appointee of the free public library under its jurisdiction to 24
use a credit card that the library holds to pay for expenses 25
related to library business. The debt incurred as a result of the 26
use of the credit card shall be paid from library funds. 27

        (B) Misuse of a credit card of a free public library by an 28
officer, employee, or appointee of the library is subject to 29
section 2913.21 of the Revised Code. The officer, employee, or 30
appointee also may be found personally liable to the library in a 31
civil action for the officer's, employee's, or appointee's misuse 32
of the library's credit card. 33

        (C) Any officer, employee, or appointee of a free public 34
library who is authorized to use a credit card that the library 35
holds and who suspects the loss, the theft, or another person's 36
possible unauthorized use of the credit card shall notify the 37
board of library trustees immediately in writing of the suspected 38
loss, theft, or possible unauthorized use. The officer, employee, 39
or appointee may be held personally liable to the library for any 40
unauthorized debt resulting from the credit card's loss, theft, or 41
unauthorized use in the amount of fifty dollars or the amount 42
charged to the credit card as a result of the loss, theft, or 43
unauthorized use, whichever is less. 44

       Sec. 3375.40. Each board of library trustees appointed 45
pursuant to ~~sections~~section 3375.06, 3375.10, 3375.12, 3375.15, 46
3375.22, ~~and~~or 3375.30 of the Revised Code may do the following: 47

       (A) Hold title to and have the custody of all real and 48
personal property of the free public library under its 49
jurisdiction; 50

       (B) Expend for library purposes, and in the exercise of the 51
power enumerated in this section, all moneys, whether derived from 52
the county library and local government support fund or otherwise, 53
credited to the free public library under its jurisdiction and 54
generally do all things it considers necessary for the 55
establishment, maintenance, and improvement of the free public 56
library under its jurisdiction; 57

       (C) Purchase, lease, construct, remodel, renovate, or 58
otherwise improve, equip, and furnish buildings or parts of 59
buildings and other real property, and purchase, lease, or 60
otherwise acquire motor vehicles and other personal property, 61
necessary for the proper maintenance and operation of the free 62
public ~~libraries~~library under its jurisdiction, and pay ~~the~~their 63
costs ~~thereof~~ in installments or otherwise. Financing of these 64
costs may be provided through the issuance of notes, through an 65
installment sale, or through a lease-purchase agreement. Any such 66
notes shall be issued pursuant to section 3375.404 of the Revised 67
Code. 68

       (D) Purchase, lease, lease with an option to purchase, or 69
erect buildings or parts of buildings to be used as main 70
libraries, branch libraries, or library stations pursuant to 71
section 3375.41 of the Revised Code; 72

       (E) Establish and maintain a main library, branches, library 73
stations, and traveling library service within the territorial 74
boundaries of the political subdivision or district over which it 75
has jurisdiction of free public library service; 76

       (F) ~~Establish~~Except as otherwise provided in this division, 77
establish and maintain branches, library stations, and traveling 78
library service in any school district, outside the territorial 79
boundaries of the political subdivision or district over which it 80
has jurisdiction of free public library service, upon application 81
to and approval of the state library board, pursuant to section 82
3375.05 of the Revised Code~~; provided the~~. The board of library 83
trustees of any free public library maintaining branches, 84
stations, or ~~traveling-book~~traveling library service, outside the 85
territorial boundaries of the political subdivision or district 86
over which it has jurisdiction of free public library service, on 87
September 4, 1947, may continue to maintain and operate ~~such~~those 88
branches, those stations, and that traveling library service 89
without the approval of the state library board;. 90

       (G) Appoint and fix the compensation of all of the employees 91
of the free public library under its jurisdiction;, pay the 92
reasonable cost of tuition for any of its employees who enroll in 93
a course of study the board considers essential to the duties of 94
the employee or to the improvement of the employee's performance;, 95
and reimburse applicants for employment for any reasonable 96
expenses they incur by appearing for a personal interview; 97

       (H) Make and publish rules for the proper operation and 98
management of the free public library and facilities under its 99
jurisdiction, including rules pertaining to the provision of 100
library services to individuals, corporations, or institutions 101
that are not inhabitants of the county; 102

       (I) Establish and maintain a museum in connection with and as 103
an adjunct to the free public library under its jurisdiction; 104

       (J) By the adoption of a resolution, accept any bequest, 105
gift, or endowment upon the conditions connected with ~~such~~the 106
bequest, gift, or endowment~~; provided no~~. No such bequest, gift, 107
or endowment shall be accepted by ~~such~~the board if ~~the~~its 108
conditions ~~thereof~~ remove any portion of the free public library 109
under ~~its~~the board's jurisdiction from the control of ~~such~~the 110
board or if ~~such~~the conditions, in any manner, limit the free use 111
of ~~such~~the library or any part ~~thereof~~of it by the residents of 112
the counties in which ~~such~~the library is located;. 113

       (K) At the end of any fiscal year, by a two-thirds vote of 114
its full membership, set aside any unencumbered surplus remaining 115
in the general fund of the free public library under its 116
jurisdiction for any purpose, including creating or increasing a 117
special building and repair fund, or for operating the library or 118
acquiring equipment and supplies; 119

       (L) Procure and pay all or part of the cost of group life, 120
hospitalization, surgical, major medical, disability benefit, 121
dental care, eye care, hearing aids, or prescription drug 122
insurance or coverage, or a combination of any of ~~the foregoing~~ 123
those types of insurance or coverage, whether issued by an 124
insurance company or a health insuring corporation duly licensed 125
by the state, covering its employees, and, in the case of group 126
life, hospitalization, surgical, major medical, dental care, eye 127
care, hearing aids, or prescription drug insurance or coverage, 128
also covering the dependents and spouses of ~~such~~its employees, 129
and, in the case of disability benefits, also covering the spouses 130
of ~~such~~its employees. ~~With respect to life insurance, coverage~~ 131
~~for any employee shall not exceed the greater of the sum of ten~~ 132
~~thousand dollars or the annual salary of the employee, exclusive~~ 133
~~of any double indemnity clause that is a part of the policy.~~ 134

       (M) Pay reasonable dues and expenses for the free public 135
library and library trustees in library associations. 136

       Any instrument by which real property is acquired pursuant to 137
this section shall identify the agency of the state that has the 138
use and benefit of the real property as specified in section 139
5301.012 of the Revised Code. 140

       Sec. 3375.41. When a board of library trustees appointed 141
pursuant to ~~sections~~section 3375.06, 3375.10, 3375.12, 3375.15, 142
3375.22, ~~and~~or 3375.30 of the Revised Code determines to 143
construct, demolish, alter, repair, or reconstruct a library or 144
make any improvements or repairs, the cost of which will exceed 145
~~fifteen~~twenty-five thousand dollars, except in cases of urgent 146
necessity or for the security and protection of library property, 147
it shall proceed as follows: 148

       (A) The board shall advertise for a period of four weeks for 149
sealed bids in some newspaper of general circulation in the 150
district, and, if there are two such ~~papers~~newspapers, the board 151
shall advertise in both of them. If no newspaper has a general 152
circulation in the district, the board shall ~~advertise by posting~~ 153
~~such~~post the advertisement in three public places ~~therein~~in the 154
district. ~~Such~~The advertisement shall be entered in full by the 155
clerk on the record of proceedings of the board. 156

       (B) The sealed bids shall be filed with the clerk by twelve 157
noon of the last day stated in the advertisement. 158

       (C) The sealed bids shall be opened at the next meeting of 159
the board, shall be publicly read by the clerk, and shall be 160
entered in full on the records of the board; provided, that the 161
board ~~may~~, by resolution, may provide for the public opening and 162
reading of ~~such~~the bids by the clerk, immediately after the time 163
for their filing ~~such bids~~ has expired, at the usual place of 164
meeting of the board, and for the tabulation of ~~such~~the bids and 165
a report of ~~such~~the tabulation to the board at its next meeting. 166

       (D) Each sealed bid shall contain the name of every person 167
interested ~~therein,~~in it and shall meet the requirements of 168
section 153.54 of the Revised Code. 169

       (E) When both labor and materials are embraced in the work 170
bid for, the board may require that each be separately stated in 171
the sealed bid, with ~~the~~their price ~~thereof~~, or may require that 172
bids be submitted without ~~such~~the separation. 173

       (F) None but the lowest responsible bid shall be accepted. 174
The board may reject all the bids or accept any bid for both labor 175
and material for ~~such~~the improvement or repair which is the 176
lowest in the aggregate. 177

       (G) The contract shall be between the board and the bidders. 178
The board shall pay the contract price for the work in cash at the 179
times and in the amounts as provided by sections 153.12, 153.13, 180
and 153.14 of the Revised Code. 181

       (H) When two or more bids are equal, in whole or in part, and 182
are lower than any others, either may be accepted, but in no case 183
shall the work be divided between ~~such~~these bidders. 184

       (I) When there is reason to believe there is collusion or 185
combination among the bidders, the bids of those concerned in ~~such~~ 186
the collusion or combination shall be rejected. 187

       Sec. 5705.281. (A) Notwithstanding section 5705.28 of the 188
Revised Code, the county budget commission, by an affirmative vote 189
of a majority of the commission, including an affirmative vote by 190
the county auditor, may waive the requirement that the taxing 191
authority of a subdivision or other taxing unit adopt a tax budget 192
as provided under section 5705.28 of the Revised Code, but shall 193
require such a taxing authority to provide such information to the 194
commission as may be required by the commission to perform its 195
duties under this chapter, including dividing the rates of each of 196
the subdivision's or taxing unit's tax levies as provided under 197
section 5705.04 of the Revised Code. 198

       (B)(1) Notwithstanding divisions (B)(1) and (D) of section 199
5705.28 of the Revised Code, in any county in which a single 200
library receives all of the county library and local government 201
support fund or receives all of that portion of the fund that is 202
distributed to libraries, the county budget commission, by an 203
affirmative vote of a majority of the commission, including an 204
affirmative vote by the county auditor, may waive any or all of 205
the following requirements: 206

        (a) The requirement that the board of trustees of a school 207
library district entitled to participate in any appropriation or 208
revenue of a school district or to have a tax proposed by the 209
board of education of a school district file with the board of 210
education of the school district a tax budget, and the requirement 211
that the board of education adopt the tax budget on behalf of the 212
library district, as provided in division (B)(1) of section 213
5705.28 of the Revised Code; 214

        (b) The requirement that the board of trustees of a public 215
library desiring to participate in the distribution of the county 216
library and local government support fund certify to the taxing 217
authority its estimate of contemplated revenue and expenditures, 218
and the requirement that the taxing authority include in its 219
budget of receipts and budget of expenditures the full amounts 220
specified or requested by the board of trustees, as provided in 221
division (D) of section 5705.28 of the Revised Code. 222

        (2) If a county budget commission waives the requirements 223
described in division (B)(1)(a) or (b) of this section, the 224
commission shall require the board of trustees of the school 225
library district or the board of trustees of the public library 226
desiring to participate in the distribution of the county library 227
and local government support fund to provide to the commission any 228
information the commission may require from the board in order for 229
the commission to perform its duties under this chapter. 230

       Section 2. That existing sections 3375.40, 3375.41, and 231
5705.281 of the Revised Code are hereby repealed. 232

Section 1. That sections 3375.40, 3375.41, and 5705.281 be	18
amended and section 3375.392 of the Revised Code be enacted to	19
read as follows:	20

Sec. 3375.392. (A) A board of library trustees appointed	21
pursuant to section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,	22
or 3375.30 of the Revised Code may authorize an officer, employee,	23
or appointee of the free public library under its jurisdiction to	24
use a credit card that the library holds to pay for expenses	25
related to library business. The debt incurred as a result of the	26
use of the credit card shall be paid from library funds.	27

(B) Misuse of a credit card of a free public library by an	28
officer, employee, or appointee of the library is subject to	29
section 2913.21 of the Revised Code. The officer, employee, or	30
appointee also may be found personally liable to the library in a	31
civil action for the officer's, employee's, or appointee's misuse	32
of the library's credit card.	33

(C) Any officer, employee, or appointee of a free public	34
library who is authorized to use a credit card that the library	35
holds and who suspects the loss, the theft, or another person's	36
possible unauthorized use of the credit card shall notify the	37
board of library trustees immediately in writing of the suspected	38
loss, theft, or possible unauthorized use. The officer, employee,	39
or appointee may be held personally liable to the library for any	40
unauthorized debt resulting from the credit card's loss, theft, or	41
unauthorized use in the amount of fifty dollars or the amount	42
charged to the credit card as a result of the loss, theft, or	43
unauthorized use, whichever is less.	44

Sec. 3375.40. Each board of library trustees appointed	45
pursuant to ~~sections~~section 3375.06, 3375.10, 3375.12, 3375.15,	46
3375.22, ~~and~~or 3375.30 of the Revised Code may do the following:	47

(A) Hold title to and have the custody of all real and	48
personal property of the free public library under its	49
jurisdiction;	50

(B) Expend for library purposes, and in the exercise of the	51
power enumerated in this section, all moneys, whether derived from	52
the county library and local government support fund or otherwise,	53
credited to the free public library under its jurisdiction and	54
generally do all things it considers necessary for the	55
establishment, maintenance, and improvement of the free public	56
library under its jurisdiction;	57

(C) Purchase, lease, construct, remodel, renovate, or	58
otherwise improve, equip, and furnish buildings or parts of	59
buildings and other real property, and purchase, lease, or	60
otherwise acquire motor vehicles and other personal property,	61
necessary for the proper maintenance and operation of the free	62
public ~~libraries~~library under its jurisdiction, and pay ~~the~~their	63
costs ~~thereof~~ in installments or otherwise. Financing of these	64
costs may be provided through the issuance of notes, through an	65
installment sale, or through a lease-purchase agreement. Any such	66
notes shall be issued pursuant to section 3375.404 of the Revised	67
Code.	68

(D) Purchase, lease, lease with an option to purchase, or	69
erect buildings or parts of buildings to be used as main	70
libraries, branch libraries, or library stations pursuant to	71
section 3375.41 of the Revised Code;	72

(E) Establish and maintain a main library, branches, library	73
stations, and traveling library service within the territorial	74
boundaries of the political subdivision or district over which it	75
has jurisdiction of free public library service;	76

(F) ~~Establish~~Except as otherwise provided in this division,	77
establish and maintain branches, library stations, and traveling	78
library service in any school district, outside the territorial	79
boundaries of the political subdivision or district over which it	80
has jurisdiction of free public library service, upon application	81
to and approval of the state library board, pursuant to section	82
3375.05 of the Revised Code~~; provided the~~. The board of library	83
trustees of any free public library maintaining branches,	84
stations, or ~~traveling-book~~traveling library service, outside the	85
territorial boundaries of the political subdivision or district	86
over which it has jurisdiction of free public library service, on	87
September 4, 1947, may continue to maintain and operate ~~such~~those	88
branches, those stations, and that traveling library service	89
without the approval of the state library board;.	90

(G) Appoint and fix the compensation of all of the employees	91
of the free public library under its jurisdiction;, pay the	92
reasonable cost of tuition for any of its employees who enroll in	93
a course of study the board considers essential to the duties of	94
the employee or to the improvement of the employee's performance;,	95
and reimburse applicants for employment for any reasonable	96
expenses they incur by appearing for a personal interview;	97

(H) Make and publish rules for the proper operation and	98
management of the free public library and facilities under its	99
jurisdiction, including rules pertaining to the provision of	100
library services to individuals, corporations, or institutions	101
that are not inhabitants of the county;	102

(I) Establish and maintain a museum in connection with and as	103
an adjunct to the free public library under its jurisdiction;	104

(J) By the adoption of a resolution, accept any bequest,	105
gift, or endowment upon the conditions connected with ~~such~~the	106
bequest, gift, or endowment~~; provided no~~. No such bequest, gift,	107
or endowment shall be accepted by ~~such~~the board if ~~the~~its	108
conditions ~~thereof~~ remove any portion of the free public library	109
under ~~its~~the board's jurisdiction from the control of ~~such~~the	110
board or if ~~such~~the conditions, in any manner, limit the free use	111
of ~~such~~the library or any part ~~thereof~~of it by the residents of	112
the counties in which ~~such~~the library is located;.	113

(K) At the end of any fiscal year, by a two-thirds vote of	114
its full membership, set aside any unencumbered surplus remaining	115
in the general fund of the free public library under its	116
jurisdiction for any purpose, including creating or increasing a	117
special building and repair fund, or for operating the library or	118
acquiring equipment and supplies;	119

(L) Procure and pay all or part of the cost of group life,	120
hospitalization, surgical, major medical, disability benefit,	121
dental care, eye care, hearing aids, or prescription drug	122
insurance or coverage, or a combination of any of ~~the foregoing~~	123
those types of insurance or coverage, whether issued by an	124
insurance company or a health insuring corporation duly licensed	125
by the state, covering its employees, and, in the case of group	126
life, hospitalization, surgical, major medical, dental care, eye	127
care, hearing aids, or prescription drug insurance or coverage,	128
also covering the dependents and spouses of ~~such~~its employees,	129
and, in the case of disability benefits, also covering the spouses	130
of ~~such~~its employees. ~~With respect to life insurance, coverage~~	131
~~for any employee shall not exceed the greater of the sum of ten~~	132
~~thousand dollars or the annual salary of the employee, exclusive~~	133
~~of any double indemnity clause that is a part of the policy.~~	134

(M) Pay reasonable dues and expenses for the free public	135
library and library trustees in library associations.	136

Any instrument by which real property is acquired pursuant to	137
this section shall identify the agency of the state that has the	138
use and benefit of the real property as specified in section	139
5301.012 of the Revised Code.	140

Sec. 3375.41. When a board of library trustees appointed	141
pursuant to ~~sections~~section 3375.06, 3375.10, 3375.12, 3375.15,	142
3375.22, ~~and~~or 3375.30 of the Revised Code determines to	143
construct, demolish, alter, repair, or reconstruct a library or	144
make any improvements or repairs, the cost of which will exceed	145
~~fifteen~~twenty-five thousand dollars, except in cases of urgent	146
necessity or for the security and protection of library property,	147
it shall proceed as follows:	148

(A) The board shall advertise for a period of four weeks for	149
sealed bids in some newspaper of general circulation in the	150
district, and, if there are two such ~~papers~~newspapers, the board	151
shall advertise in both of them. If no newspaper has a general	152
circulation in the district, the board shall ~~advertise by posting~~	153
~~such~~post the advertisement in three public places ~~therein~~in the	154
district. ~~Such~~The advertisement shall be entered in full by the	155
clerk on the record of proceedings of the board.	156

(B) The sealed bids shall be filed with the clerk by twelve	157
noon of the last day stated in the advertisement.	158

(C) The sealed bids shall be opened at the next meeting of	159
the board, shall be publicly read by the clerk, and shall be	160
entered in full on the records of the board; provided, that the	161
board ~~may~~, by resolution, may provide for the public opening and	162
reading of ~~such~~the bids by the clerk, immediately after the time	163
for their filing ~~such bids~~ has expired, at the usual place of	164
meeting of the board, and for the tabulation of ~~such~~the bids and	165
a report of ~~such~~the tabulation to the board at its next meeting.	166

(D) Each sealed bid shall contain the name of every person	167
interested ~~therein,~~in it and shall meet the requirements of	168
section 153.54 of the Revised Code.	169

(E) When both labor and materials are embraced in the work	170
bid for, the board may require that each be separately stated in	171
the sealed bid, with ~~the~~their price ~~thereof~~, or may require that	172
bids be submitted without ~~such~~the separation.	173

(F) None but the lowest responsible bid shall be accepted.	174
The board may reject all the bids or accept any bid for both labor	175
and material for ~~such~~the improvement or repair which is the	176
lowest in the aggregate.	177

(G) The contract shall be between the board and the bidders.	178
The board shall pay the contract price for the work in cash at the	179
times and in the amounts as provided by sections 153.12, 153.13,	180
and 153.14 of the Revised Code.	181

(H) When two or more bids are equal, in whole or in part, and	182
are lower than any others, either may be accepted, but in no case	183
shall the work be divided between ~~such~~these bidders.	184

(I) When there is reason to believe there is collusion or	185
combination among the bidders, the bids of those concerned in ~~such~~	186
the collusion or combination shall be rejected.	187

Sec. 5705.281. (A) Notwithstanding section 5705.28 of the	188
Revised Code, the county budget commission, by an affirmative vote	189
of a majority of the commission, including an affirmative vote by	190
the county auditor, may waive the requirement that the taxing	191
authority of a subdivision or other taxing unit adopt a tax budget	192
as provided under section 5705.28 of the Revised Code, but shall	193
require such a taxing authority to provide such information to the	194
commission as may be required by the commission to perform its	195
duties under this chapter, including dividing the rates of each of	196
the subdivision's or taxing unit's tax levies as provided under	197
section 5705.04 of the Revised Code.	198