As Introduced

125th General Assembly Regular Session 2003-2004

S. B. No. 82

Senators Amstutz, Randy Gardner, Jacobson, Mumper, Stivers, Harris, Spada, DiDonato, Schuler, Hagan 

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A BILL

To amend sections 301.27, 2913.01, and 5705.41 and to

1

enact section 301.29 of the Revised Code to permit

2

boards of county commissioners to approve the use

3

of procurement cards for certain work-related

4

purchases of $1,000, or less to make changes

5

related to the exemption of county expenditures

6

from the certification of availability of funds,

7

and to make changes in the County Credit Card Law.

8

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

Section 1. That sections 301.27, 2913.01, and 5705.41 be	9
amended and section 301.29 of the Revised Code be enacted to read	10
as follows:	11

Sec. 301.27.  (A) As used in this section:

12

(1) "Credit card" includes a gasoline and telephone credit	13
card and a telephone credit cardcards but excludes any	14
procurement card authorized under section 301.29 of the Revised	15
Code.	16

(2) "Officer" includes an individual who also is an	17
appointing authority.	18

(3) "Gasoline and oil expenses," and "minor motor vehicle	19
repair and maintenance expenses," and "emergency motor vehicle	20
repair expenses" refer to only those expenses incurred for motor	21
vehicles owned or leased by the county.	22

(B)(1) A credit card held by a board of county commissioners	23
or the office of any other county appointing authority shall be	24
used only to pay the following work-related expenses, limited to	25
the following:	26

(1)(a) Food expenses;

27

(2)(b) Transportation expenses;

28

(3)(c) Gasoline and oil expenses;

29

(4) Minor motor(d) Motor vehicle repair and maintenance	30
expenses;	31

(5) Emergency motor vehicle repair expenses;

32

(6)(e) Telephone expenses;

33

(7)(f) Lodging expenses;

34

(8)(g) Internet service provider expenses;

35

(9)(h) In the case of a public children services agency,	36
expenses for purchases for children for whom the agency is	37
providing temporary emergency care pursuant to section 5153.16 of	38
the Revised Code, children in the temporary or permanent custody	39
of the agency, and children in a planned permanent living	40
arrangement.	41

(2) No county credit card shall be used for payment of late	42
charges or finance charges.	43

(C) A county appointing authority may apply to the board of	44
county commissioners for authorization to have an officer or	45
employee of the appointing authority use a credit card held by	46
that appointing authority. The authorization request shall state	47
whether the card is to be issued only in the name of the office of	48
the appointing authority itself or whether the issued card shall	49
also include the name of a specified officer or employee.	50

(D) The debt incurred as a result of the use of a credit card	51
pursuant to this section shall be paid from moneys appropriated to	52
specific appropriation line items of the appointing authority for	53
work-related expenses listed in division (B)(1) of this section.	54

(E)(1) Except as otherwise provided in division (E)(2) of	55
this section, every officer or employee authorized to use a credit	56
card held by the board or appointing authority shall submit to the	57
board by the first day of each month an estimate of the officer's	58
or employee's work-related expenses listed in division (B)(1) of	59
this section for that month along with the specific appropriation	60
line items from which those expenditures are to be made, unless	61
the board authorizes, by resolution, the officer or employee to	62
submit to the board such an estimate for a period longer than one	63
month. The board may revise the estimate and determine the amount	64
it approves, if any, not to exceed the estimated amount. The board	65
shall certify the amount of its determination to the county	66
auditor along with the necessary information for the auditor to	67
determine the appropriatespecific appropriation line itemitems	68
from which suchthe expenditures are to be made. After receiving	69
the certification from the county auditor that the determined sum	70
of money is in the treasury or in the process of collection to the	71
credit of the appropriate appropriation line item for which the	72
credit card is approved for use, and is free from previous and	73
then-outstanding obligations or certifications, the board shall	74
authorize the officer or employee to incur debt for suchthe	75
expenses against the county's credit up to the authorized amount.	76

(2) In lieu of following the procedure set forth in division	77
(E)(1) of this section, a board of county commissioners may adopt	78
a resolution authorizing an officer or employee of an appointing	79
authority to use a county credit card to pay for specific classes	80
of the work-related expenses listed in division (B)(1) of this	81
section, or use a specific credit card for any of those	82
work-related expenses listed in division (B)(1) of this section,	83
without submitting an estimate of those expenses to the board as	84
required by division (E)(1) of this section. Prior to adopting the	85
resolution, the board shall notify the county auditor. The	86
resolution shall specify whether the officer's or employee's	87
exemption extends to the use of a specific credit card, which card	88
shall be identified by its number, or to one or more specific	89
work-related uses from the classes of uses permitted under	90
division (B)(1) of this section. Before any credit card exempted	91
for specific uses may be used to make purchases for uses other	92
than those specific uses listed in the resolution, the procedures	93
outlined in division (E)(1) of this section must be followed or	94
the use shall be considered an unauthorized use. Use of any credit	95
card under division (E)(2) of this section shall be limited to the	96
amount appropriated and encumbered in a specific appropriation	97
line item for the permitted use or uses designated in the	98
authorizing resolution, or, in the case of a resolution that	99
authorizes use of a specific credit card, for each of the	100
permitted uses listed in division (B) of this section, but only to	101
the extent the moneys in such appropriationsthose specific	102
appropriation line items are not otherwise encumber.	103

(F)(1) Any time a county credit card approved for use for an	104
authorized amount under division (E)(1) of this section is used	105
for more than that authorized amount, the appointing authority may	106
request the board of county commissioners to authorize after the	107
fact the expenditure of any amount charged beyond the originally	108
authorized amount if, upon the board's request, the county auditor	109
certifies that sum of money is in the treasury or in the process	110
of collection to the credit of the appropriate appropriation line	111
item for which the credit card was used, and is free from previous	112
and then-outstanding obligations or certifications. If the card is	113
used for more than the amount originally authorized and if for any	114
reason that amount is not authorized after the fact, then the	115
county treasury shall be reimbursed for any amount spent beyond	116
the originally authorized amount in the following manner:	117

(a) If the card is issued in the name of a specific officer	118
or employee, then that officer or employee is liable in person and	119
upon any official bond the officer or employee has given to the	120
county to reimburse the county treasury for the amount charged to	121
the county beyond the originally authorized amount.	122

(b) If the card wasis issued to the office of the appointing	123
authority, then the appointing authority is liable in person and	124
upon any official bond the appointing authority has given to the	125
county for the amount charged to the county beyond the originally	126
authorized amount.	127

(2) Any time a county credit card authorized for use under	128
division (E)(2) of this section is used for more than the amount	129
appropriated under that division, the appointing authority may	130
request the board of county commissioners to issue a supplemental	131
appropriation or make a transfer to the properspecific	132
appropriation line item accountitems as permitted in section	133
5705.40 of the Revised Code, to cover the amount charged beyond	134
the originally appropriated amount. If the card is used for more	135
than the amount originally appropriated and if for any reason that	136
amount is not appropriated or transferred as permitted by this	137
sectiondivision, then the county treasury shall be reimbursed for	138
any amount spent beyond the originally appropriated amount in the	139
following manner:	140

(a) If the card is issued in the name of a specific officer	141
or employee, then that officer or employee is liable in person and	142
upon any official bond the officer or employee has given to the	143
county for reimbursing the county treasury for any amount charged	144
on the card beyond the originally appropriated amount.	145

(b) If the card is issued in the name of the office of the	146
appointing authority, then the appointing authority is liable in	147
person and upon any official bond the appointing authority has	148
given to the county for reimbursement for any amount charged on	149
the card beyond the originally appropriated amount.	150

(3) Whenever any officer or employee authorized to use a	151
credit card held by the board or the office of any other county	152
appointing authority suspects the loss, theft, or possibility of	153
unauthorized use of the county credit card the officer or employee	154
is authorized to use, the officer or employee shall so notify the	155
officer's or employee's appointing authority or the board	156
immediately and in writing.	157

(4) If the county auditor determines there has been a credit	158
card expenditure beyond the appropriated or authorized amount as	159
provided in division (E) of this section, the auditor immediately	160
shall notify the board of county commissioners of this fact. When	161
the board of county commissioners determines, on its own or after	162
notification from the county auditor, that the county treasury	163
should be reimbursed for credit card expenditures beyond the	164
appropriated or authorized amount as provided in divisions (F)(1)	165
and (2) of this section, it shall give written notice to the	166
officer or employee or appointing authority liable to the treasury	167
as provided in those divisions (F)(1) and (2) of this section. If,	168
within thirty days after issuance of this written notice, the	169
county treasury is not reimbursed for the amount shown on the	170
written notice, the prosecuting attorney of the county shall	171
recover that amount from the officer or employee or appointing	172
authority who is liable under this section by civil action in any	173
court of appropriate jurisdiction.	174

(G) Use of a county credit card for any use other than those	175
permitted under division (B)(1) of this section is a violation of	176
law for the purposes of section 2913.21 of the Revised Code.	177

Sec. 301.29. (A) As used in this section:

178

(1) "Officer" includes an individual who also is an	179
appointing authority.	180

(2) "Procurement card" means a financial transaction device	181
authorized under this section but excludes any credit card	182
authorized under section 301.27 of the Revised Code.	183

(B) A procurement card held by a board of county	184
commissioners or the office of any other county appointing	185
authority shall be used only to pay work-related expenses that are	186
not more than one thousand dollars per transaction. A procurement	187
card shall not be used for late charges or finance charges.	188

(C)(1) In any county that chooses to use procurement cards,	189
the board of county commissioners shall, by resolution, adopt a	190
policy with the advice of the county auditor, for the county's use	191
of those cards. The resolution shall include provisions that limit	192
the use of a procurement card to payment for one or more specific	193
work-related or specific classes of expenses, and limit	194
procurement card transactions to a specific number of transactions	195
per day or month, by supplier or work-related expense. In	196
addition, the resolution shall limit a procurement card to daily	197
and monthly spending limits. While each procurement transaction	198
can be not more than one thousand dollars, the board of county	199
commissioners may provide in the resolution for a transaction	200
limitation that is a lesser dollar amount.	201

The resolution shall also contain a list of fiscal controls	202
that the board determines, after consulting with the county	203
auditor, will be sufficient for use of a procurement card. Those	204
fiscal controls shall include at a minimum the following:	205

(a) An aggregate amount that may be incurred through use of	206
each card within a day, week, or month;	207

(b) Classes of permissible goods and services that may be	208
purchased with procurement card;	209

(c) In case a procurement card is misused, a procedure for	210
revocation of the card.	211

(2) If a board of county commissioners adopts a policy under	212
division (C)(1) of this section, it shall advertise a request for	213
proposals from issuers of procurement cards in a newspaper of	214
general circulation within the county at least once a week for two	215
consecutive weeks. The advertisement shall specify the purpose of	216
the request, the type of procurement card or cards sought, and the	217
date by which proposals must be received. That date shall not be	218
less than ten days after the last day of the second week in which	219
the request is advertised. The board shall determine upon the	220
advice of the county auditor and county treasurer whether to	221
contract with any one or more issuers that submit a timely	222
proposal. Before entering into a contract, the board shall adopt a	223
resolution stating the contract's intent and guidelines for the	224
use of each procurement card that is to be part of the contract.	225

(D) A county appointing authority may apply to the board of	226
county commissioners for authorization to have an officer or	227
employee of the appointing authority use a procurement card held	228
by that appointing authority. The authorization request shall	229
state whether the card is to be issued only in the name of the	230
office of the appointing authority itself or whether the issued	231
card shall also include the name of a specified officer or	232
employee.	233

(E) The debt incurred as a result of the use of a procurement	234
card under this section shall be paid from moneys appropriated to	235
specific appropriation line items of the appointing authority.	236

(F)(1) Except as otherwise provided in division (F)(2) of	237
this section, every officer or employee authorized to use a	238
procurement card held by the board or appointing authority shall	239
submit to the board by the first day of each month an estimate of	240
the officer's or employee's work-related expenses for that month,	241
unless the board authorizes, by resolution, the officer or	242
employee to submit to the board such an estimate for a period	243
longer than one month. The board may revise the estimate and	244
determine the amount it approves, if any, not to exceed the	245
estimated amount. The board shall certify the amount of its	246
determination to the county auditor along with the necessary	247
information for the auditor to determine the appropriate	248
appropriation line item from which such expenditures are to be	249
made. After receiving certification pursuant to division (D) of	250
section 5705.41 of the Revised Code that the appropriate	251
appropriation line item for which the procurement card is approved	252
for use is free from previous and then-outstanding obligations or	253
certifications, the board shall authorize the officer or employee	254
to incur debt for such expenses against the county's credit up to	255
the authorized amount.	256

(2) In lieu of following the procedure set forth in division	257
(F)(1) of this section, a board of county commissioners may adopt	258
a resolution authorizing an officer or employee of an appointing	259
authority to use a county procurement card to pay for specific	260
classes of the work-related expenses, or use a specific	261
procurement card for any work-related expenses, without submitting	262
an estimate of those expenses to the board as required by division	263
(F)(1) of this section. Prior to adopting the resolution, the	264
board shall notify the county auditor. The resolution shall	265
specify whether the officer's or employee's exemption extends to	266
the use of a specific procurement card, which card shall be	267
identified by its number, or to one or more specific work-related	268
uses. Before any procurement card issued for specific uses may be	269
used to make purchases for uses other than those specific uses	270
listed in the resolution, the procedures outlined in division	271
(F)(1) of this section must be followed or the use shall be	272
considered an unauthorized use. Use of any procurement card under	273
division (F)(2) of this section shall be limited to the amount	274
appropriated and encumbered in a specific appropriation line item	275
for the permitted use or uses designated in the authorizing	276
resolution, or, in the case of a resolution that authorizes use of	277
a specific procurement card, for any work-related expense, but	278
only to the extent the moneys in such appropriations are not	279
otherwise encumbered.	280

(3) A procurement card shall not be used in any manner that	281
circumvents the competitive bidding requirements of section 307.86	282
of the Revised Code.	283

(G)(1) Any time a county procurement card approved for use	284
for an authorized amount under division (F)(1) of this section is	285
used for more than that authorized amount, the appointing	286
authority may request the board of county commissioners to	287
authorize after the fact the expenditure of any amount charged	288
beyond the originally authorized amount if, upon the board's	289
request, the county auditor certifies that sum of money is in the	290
treasury or in the process of collection to the credit of the	291
appropriate appropriation line item for which the credit card was	292
used and is free from previous and then-outstanding obligations or	293
certifications. If the card is used for more than the amount	294
originally authorized and if for any reason that amount is not	295
authorized after the fact, then the county treasury shall be	296
reimbursed for any amount spent beyond the originally authorized	297
amount in the following manner:	298

(a) If the card is issued in the name of a specific officer	299
or employee, then that officer or employee is liable in person and	300
upon any official bond the officer or employee has given to the	301
county to reimburse the county treasury for the amount charged to	302
the county beyond the originally authorized amount.	303

(b) If the card was issued to the office of the appointing	304
authority, then the appointing authority is liable in person and	305
upon any official bond the appointing authority has given to the	306
county for the amount charged to the county beyond the originally	307
authorized amount.	308

(2) Any time a county procurement card authorized for use	309
under division (F)(2) of this section is used for more than the	310
amount appropriated under that division, the appointing authority	311
may request the board of county commissioners to issue a	312
supplemental appropriation or make a transfer to the proper line	313
item account as permitted in section 5705.40 of the Revised Code,	314
to cover the amount charged beyond the originally appropriated	315
amount. If the card is used for more than the amount originally	316
appropriated and if for any reason that amount is not appropriated	317
or transferred as permitted by this section, then the county	318
treasury shall be reimbursed for any amount spent beyond the	319
originally appropriated amount in the following manner:	320

(a) If the card is issued in the name of a specific officer	321
or employee, then that officer or employee is liable in person and	322
upon any official bond the officer or employee has given to the	323
county for reimbursing the county treasury for any amount charged	324
on the card beyond the originally appropriated amount.	325

(b) If the card is issued in the name of the office of the	326
appointing authority, then the appointing authority is liable in	327
person and upon any official bond the appointing authority has	328
given to the county for reimbursement for any amount charged on	329
the card beyond the originally appropriated amount.	330

(3) Whenever any officer or employee authorized to use a	331
procurement card held by the board or the office of any other	332
county appointing authority suspects the loss, theft, or	333
possibility of unauthorized or unlawful use of the county	334
procurement card the officer or employee is authorized to use, the	335
officer or employee shall so notify the officer's or employee's	336
appointing authority or the board immediately and in writing.	337

(4) If the county auditor determines there has been a	338
procurement card expenditure beyond the appropriated or authorized	339
amount as provided in division (F) of this section, or for an	340
unlawful purpose, the auditor immediately shall notify the board	341
of county commissioners of this fact. When the board of county	342
commissioners determines on its own or after notification from the	343
county auditor that the county treasury should be reimbursed for	344
procurement card expenditures beyond the appropriated or	345
authorized amount as provided in divisions (G)(1) and (2) of this	346
section, it shall give written notice to the officer or employee	347
or appointing authority liable to the treasury as provided in	348
divisions (G)(1) and (2) of this section. If, within thirty days	349
after issuance of this written notice the county treasury is not	350
reimbursed for the amount shown on the written notice, the	351
prosecuting attorney of the county shall recover that amount from	352
the officer or employee or appointing authority who is liable	353
under this section by civil action in any court of appropriate	354
jurisdiction.	355

(H) Use of a county procurement card for any use other than	356
those permitted under division (B) of this section is a violation	357
of law for the purposes of section 2913.21 of the Revised Code.	358

Sec. 2913.01.  As used in this chapter, unless the context	359
requires that a term be given a different meaning:	360

(A) "Deception" means knowingly deceiving another or causing	361
another to be deceived by any false or misleading representation,	362
by withholding information, by preventing another from acquiring	363
information, or by any other conduct, act, or omission that	364
creates, confirms, or perpetuates a false impression in another,	365
including a false impression as to law, value, state of mind, or	366
other objective or subjective fact.	367

(B) "Defraud" means to knowingly obtain, by deception, some	368
benefit for oneself or another, or to knowingly cause, by	369
deception, some detriment to another.	370

(C) "Deprive" means to do any of the following:

371

(1) Withhold property of another permanently, or for a period	372
that appropriates a substantial portion of its value or use, or	373
with purpose to restore it only upon payment of a reward or other	374
consideration;	375

(2) Dispose of property so as to make it unlikely that the	376
owner will recover it;	377

(3) Accept, use, or appropriate money, property, or services,	378
with purpose not to give proper consideration in return for the	379
money, property, or services, and without reasonable justification	380
or excuse for not giving proper consideration.	381

(D) "Owner" means, unless the context requires a different	382
meaning, any person, other than the actor, who is the owner of,	383
who has possession or control of, or who has any license or	384
interest in property or services, even though the ownership,	385
possession, control, license, or interest is unlawful.	386

(E) "Services" include labor, personal services, professional	387
services, public utility services, common carrier services, and	388
food, drink, transportation, entertainment, and cable television	389
services and, for purposes of section 2913.04 of the Revised Code,	390
include cable services as defined in that section.	391

(F) "Writing" means any computer software, document, letter,	392
memorandum, note, paper, plate, data, film, or other thing having	393
in or upon it any written, typewritten, or printed matter, and any	394
token, stamp, seal, credit card, badge, trademark, label, or other	395
symbol of value, right, privilege, license, or identification.	396

(G) "Forge" means to fabricate or create, in whole or in part	397
and by any means, any spurious writing, or to make, execute,	398
alter, complete, reproduce, or otherwise purport to authenticate	399
any writing, when the writing in fact is not authenticated by that	400
conduct.	401

(H) "Utter" means to issue, publish, transfer, use, put or	402
send into circulation, deliver, or display.	403

(I) "Coin machine" means any mechanical or electronic device	404
designed to do both of the following:	405

(1) Receive a coin, bill, or token made for that purpose;

406

(2) In return for the insertion or deposit of a coin, bill,	407
or token, automatically dispense property, provide a service, or	408
grant a license.	409

(J) "Slug" means an object that, by virtue of its size,	410
shape, composition, or other quality, is capable of being inserted	411
or deposited in a coin machine as an improper substitute for a	412
genuine coin, bill, or token made for that purpose.	413

(K) "Theft offense" means any of the following:

414

(1) A violation of section 2911.01, 2911.02, 2911.11,	415
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	416
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	417
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	418
2913.47, former section 2913.47 or 2913.48, or section 2913.51,	419
2915.05, or 2921.41 of the Revised Code;	420

(2) A violation of an existing or former municipal ordinance	421
or law of this or any other state, or of the United States,	422
substantially equivalent to any section listed in division (K)(1)	423
of this section or a violation of section 2913.41, 2913.81, or	424
2915.06 of the Revised Code as it existed prior to July 1, 1996;	425

(3) An offense under an existing or former municipal	426
ordinance or law of this or any other state, or of the United	427
States, involving robbery, burglary, breaking and entering, theft,	428
embezzlement, wrongful conversion, forgery, counterfeiting,	429
deceit, or fraud;	430

(4) A conspiracy or attempt to commit, or complicity in	431
committing, any offense under division (K)(1), (2), or (3) of this	432
section.	433

(L) "Computer services" includes, but is not limited to, the	434
use of a computer system, computer network, computer program, data	435
that is prepared for computer use, or data that is contained	436
within a computer system or computer network.	437

(M) "Computer" means an electronic device that performs	438
logical, arithmetic, and memory functions by the manipulation of	439
electronic or magnetic impulses. "Computer" includes, but is not	440
limited to, all input, output, processing, storage, computer	441
program, or communication facilities that are connected, or	442
related, in a computer system or network to an electronic device	443
of that nature.	444

(N) "Computer system" means a computer and related devices,	445
whether connected or unconnected, including, but not limited to,	446
data input, output, and storage devices, data communications	447
links, and computer programs and data that make the system capable	448
of performing specified special purpose data processing tasks.	449

(O) "Computer network" means a set of related and remotely	450
connected computers and communication facilities that includes	451
more than one computer system that has the capability to transmit	452
among the connected computers and communication facilities through	453
the use of computer facilities.	454

(P) "Computer program" means an ordered set of data	455
representing coded instructions or statements that, when executed	456
by a computer, cause the computer to process data.	457

(Q) "Computer software" means computer programs, procedures,	458
and other documentation associated with the operation of a	459
computer system.	460

(R) "Data" means a representation of information, knowledge,	461
facts, concepts, or instructions that are being or have been	462
prepared in a formalized manner and that are intended for use in a	463
computer, computer system, or computer network. For purposes of	464
section 2913.47 of the Revised Code, "data" has the additional	465
meaning set forth in division (A) of that section.	466

(S) "Cable television service" means any services provided by	467
or through the facilities of any cable television system or other	468
similar closed circuit coaxial cable communications system, or any	469
microwave or similar transmission service used in connection with	470
any cable television system or other similar closed circuit	471
coaxial cable communications system.	472

(T) "Gain access" means to approach, instruct, communicate	473
with, store data in, retrieve data from, or otherwise make use of	474
any resources of a computer, computer system, or computer network,	475
or any cable service or cable system both as defined in section	476
2913.04 of the Revised Code.	477

(U) "Credit card" includes, but is not limited to, a card,	478
code, device, or other means of access to a customer's account for	479
the purpose of obtaining money, property, labor, or services on	480
credit, or for initiating an electronic fund transfer at a	481
point-of-sale terminal, an automated teller machine, or a cash	482
dispensing machine. It also includes a county procurement card	483
issued under section 301.29 of the Revised Code.	484

(V) "Electronic fund transfer" has the same meaning as in 92	485
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	486

(W) "Rented property" means personal property in which the	487
right of possession and use of the property is for a short and	488
possibly indeterminate term in return for consideration; the	489
rentee generally controls the duration of possession of the	490
property, within any applicable minimum or maximum term; and the	491
amount of consideration generally is determined by the duration of	492
possession of the property.	493

(X) "Telecommunication" means the origination, emission,	494
dissemination, transmission, or reception of data, images,	495
signals, sounds, or other intelligence or equivalence of	496
intelligence of any nature over any communications system by any	497
method, including, but not limited to, a fiber optic, electronic,	498
magnetic, optical, digital, or analog method.	499

(Y) "Telecommunications device" means any instrument,	500
equipment, machine, or other device that facilitates	501
telecommunication, including, but not limited to, a computer,	502
computer network, computer chip, computer circuit, scanner,	503
telephone, cellular telephone, pager, personal communications	504
device, transponder, receiver, radio, modem, or device that	505
enables the use of a modem.	506

(Z) "Telecommunications service" means the providing,	507
allowing, facilitating, or generating of any form of	508
telecommunication through the use of a telecommunications device	509
over a telecommunications system.	510

(AA) "Counterfeit telecommunications device" means a	511
telecommunications device that, alone or with another	512
telecommunications device, has been altered, constructed,	513
manufactured, or programmed to acquire, intercept, receive, or	514
otherwise facilitate the use of a telecommunications service or	515
information service without the authority or consent of the	516
provider of the telecommunications service or information service.	517
"Counterfeit telecommunications device" includes, but is not	518
limited to, a clone telephone, clone microchip, tumbler telephone,	519
or tumbler microchip; a wireless scanning device capable of	520
acquiring, intercepting, receiving, or otherwise facilitating the	521
use of telecommunications service or information service without	522
immediate detection; or a device, equipment, hardware, or software	523
designed for, or capable of, altering or changing the electronic	524
serial number in a wireless telephone.	525

(BB)(1) "Information service" means, subject to division	526
(BB)(2) of this section, the offering of a capability for	527
generating, acquiring, storing, transforming, processing,	528
retrieving, utilizing, or making available information via	529
telecommunications, including, but not limited to, electronic	530
publishing.	531

(2) "Information service" does not include any use of a	532
capability of a type described in division (BB)(1) of this section	533
for the management, control, or operation of a telecommunications	534
system or the management of a telecommunications service.	535

(CC) "Elderly person" means a person who is sixty-five years	536
of age or older.	537

(DD) "Disabled adult" means a person who is eighteen years of	538
age or older and has some impairment of body or mind that makes	539
the person unfit to work at any substantially remunerative	540
employment that the person otherwise would be able to perform and	541
that will, with reasonable probability, continue for a period of	542
at least twelve months without any present indication of recovery	543
from the impairment, or who is eighteen years of age or older and	544
has been certified as permanently and totally disabled by an	545
agency of this state or the United States that has the function of	546
so classifying persons.	547

(EE) "Firearm" and "dangerous ordnance" have the same	548
meanings as in section 2923.11 of the Revised Code.	549

(FF) "Motor vehicle" has the same meaning as in section	550
4501.01 of the Revised Code.	551

(GG) "Dangerous drug" has the same meaning as in section	552
4729.01 of the Revised Code.	553

(HH) "Drug abuse offense" has the same meaning as in section	554
2925.01 of the Revised Code.	555

Sec. 5705.41.  No subdivision or taxing unit shall:

556

(A) Make any appropriation of money except as provided in	557
Chapter 5705. of the Revised Code; provided, that the	558
authorization of a bond issue shall be deemed to be an	559
appropriation of the proceeds of the bond issue for the purpose	560
for which such bonds were issued, but no expenditure shall be made	561
from any bond fund until first authorized by the taxing authority;	562

(B) Make any expenditure of money unless it has been	563
appropriated as provided in such chapter;	564

(C) Make any expenditure of money except by a proper warrant	565
drawn against an appropriate fund;	566

(D)(1) Except as otherwise provided in division (D)(2) of	567
this section and section 5705.44 of the Revised Code, make any	568
contract or give any order involving the expenditure of money	569
unless there is attached thereto a certificate of the fiscal	570
officer of the subdivision that the amount required to meet the	571
obligation or, in the case of a continuing contract to be	572
performed in whole or in part in an ensuing fiscal year, the	573
amount required to meet the obligation in the fiscal year in which	574
the contract is made, has been lawfully appropriated for such	575
purpose and is in the treasury or in process of collection to the	576
credit of an appropriate fund free from any previous encumbrances.	577
This certificate need be signed only by the subdivision's fiscal	578
officer. Every such contract made without such a certificate shall	579
be void, and no warrant shall be issued in payment of any amount	580
due thereon. If no certificate is furnished as required, upon	581
receipt by the taxing authority of the subdivision or taxing unit	582
of a certificate of the fiscal officer stating that there was at	583
the time of the making of such contract or order and at the time	584
of the execution of such certificate a sufficient sum appropriated	585
for the purpose of such contract and in the treasury or in process	586
of collection to the credit of an appropriate fund free from any	587
previous encumbrances, such taxing authority may authorize the	588
drawing of a warrant in payment of amounts due upon such contract,	589
but such resolution or ordinance shall be passed within thirty	590
days after the taxing authority receives such certificate;	591
provided that, if the amount involved is less than one hundred	592
dollars in the case of counties or three thousand dollars in the	593
case of all other subdivisions or taxing units, the fiscal officer	594
may authorize it to be paid without such affirmation of the taxing	595
authority of the subdivision or taxing unit, if such expenditure	596
is otherwise valid.	597

(2) Annually, the board of county commissioners may adopt a	598
resolution exempting for the current fiscal year county purchases	599
of seven hundred fiftyone thousand dollars or less from the	600
requirement of division (D)(1) of this section that a certificate	601
be attached to any contract or order involving the expenditure of	602
money. The resolution shall state the dollar amount that is	603
exempted from the certificate requirement and whether the	604
exemption applies to all purchases, to one or more specific	605
classes of purchases, or to the purchase of one or more specific	606
items. Prior to the adoption of the resolution, the board shall	607
give written notice to the county auditor that it intends to adopt	608
the resolution. The notice shall state the dollar amount that is	609
proposed to be exempted and whether the exemption would apply to	610
all purchases, to one or more specific classes of purchases, or to	611
the purchase of one or more specific items. The county auditor may	612
review and comment on the proposal, and shall send any comments to	613
the board within fifteen days after receiving the notice. The	614
board shall wait at least fifteen days after giving the notice to	615
the auditor before adopting the resolution. A person authorized to	616
make a county purchase in a county that has adopted such a	617
resolution shall prepare and file with the county auditor, within	618
three business days after incurring an obligation not requiring a	619
certificate, or within any other period of time the board of	620
county commissioners specifies in the resolution a written or	621
electric document specifying the purpose and amount of the	622
expenditure, the date of the purchase, the name of the vendor, the	623
specific appropriation line items to which the expenditures are to	624
be made, and suchany additional information as the auditor of	625
state may prescribe.	626

(3) Upon certification by the auditor or other chief fiscal	627
officer that a certain sum of money, not in excess of five	628
thousand dollars, has been lawfully appropriated, authorized, or	629
directed for a certain purpose and is in the treasury or in the	630
process of collection to the credit of a specific line-item	631
appropriation account in a certain fund free from previous and	632
then outstanding obligations or certifications, then for such	633
purpose and from such line-item appropriation account in such	634
fund, over a period not exceeding three months and not extending	635
beyond the end of the fiscal year, expenditures may be made,	636
orders for payment issued, and contracts or obligations calling	637
for or requiring the payment of money made and assumed; provided,	638
that the aggregate sum of money included in and called for by such	639
expenditures, orders, contracts, and obligations shall not exceed	640
the sum so certified. Such a certification need be signed only by	641
the fiscal officer of the subdivision or the taxing district and	642
may, but need not, be limited to a specific vendor. An itemized	643
statement of obligations incurred and expenditures made under such	644
certificate shall be rendered to the auditor or other chief fiscal	645
officer before another such certificate may be issued, and not	646
more than one such certificate shall be outstanding at a time.	647

In addition to providing the certification for expenditures	648
of five thousand dollars or less as provided in this division, a	649
subdivision also may make expenditures, issue orders for payment,	650
and make contracts or obligations calling for or requiring the	651
payment of money made and assumed for specified permitted purposes	652
from a specific line-item appropriation account in a specified	653
fund for a sum of money upon the certification by the fiscal	654
officer of the subdivision that this sum of money has been	655
lawfully appropriated, authorized, or directed for a permitted	656
purpose and is in the treasury or in the process of collection to	657
the credit of the specific line-item appropriation account in the	658
specified fund free from previous and then-outstanding obligations	659
or certifications; provided that the aggregate sum of money	660
included in and called for by the expenditures, orders, and	661
obligations shall not exceed the certified sum. The purposes for	662
which a subdivision may lawfully appropriate, authorize, or issue	663
such a certificate are the services of an accountant, architect,	664
attorney at law, physician, professional engineer, construction	665
project manager, consultant, surveyor, or appraiser by or on	666
behalf of the subdivision or contracting authority; fuel oil,	667
gasoline, food items, roadway materials, and utilities; and any	668
purchases exempt from competitive bidding under section 125.04 of	669
the Revised Code and any other specific expenditure that is a	670
recurring and reasonably predictable operating expense. Such a	671
certification shall not extend beyond the end of the fiscal year	672
or, in the case of a board of county commissioners that has	673
established a quarterly spending plan under section 5705.392 of	674
the Revised Code, beyond the quarter to which the plan applies.	675
Such a certificate shall be signed by the fiscal officer and may,	676
but need not, be limited to a specific vendor. An itemized	677
statement of obligations incurred and expenditures made under such	678
a certificate shall be rendered to the fiscal officer for each	679
certificate issued. More than one such certificate may be	680
outstanding at any time.	681

In any case in which a contract is entered into upon a per	682
unit basis, the head of the department, board, or commission for	683
the benefit of which the contract is made shall make an estimate	684
of the total amount to become due upon such contract, which	685
estimate shall be certified in writing to the fiscal officer of	686
the subdivision. Such a contract may be entered into if the	687
appropriation covers such estimate, or so much thereof as may be	688
due during the current year. In such a case the certificate of the	689
fiscal officer based upon the estimate shall be a sufficient	690
compliance with the law requiring a certificate.	691

Any certificate of the fiscal officer attached to a contract	692
shall be binding upon the political subdivision as to the facts	693
set forth therein. Upon request of any person receiving an order	694
or entering into a contract with any political subdivision, the	695
certificate of the fiscal officer shall be attached to such order	696
or contract. "Contract" as used in this section excludes current	697
payrolls of regular employees and officers.	698

(E) Taxes and other revenue in process of collection, or the	699
proceeds to be derived from authorized bonds, notes, or	700
certificates of indebtedness sold and in process of delivery,	701
shall for the purpose of this section be deemed in the treasury or	702
in process of collection and in the appropriate fund. This section	703
applies neither to the investment of sinking funds by the trustees	704
of such funds, nor to investments made under sections 731.56 to	705
731.59 of the Revised Code.	706

No district authority shall, in transacting its own affairs,	707
do any of the things prohibited to a subdivision by this section,	708
but the appropriation referred to shall become the appropriation	709
by the district authority, and the fiscal officer referred to	710
shall mean the fiscal officer of the district authority.	711

Section 2. That existing sections 301.27, 2913.01, and	712
5705.41 of the Revised Code are hereby repealed.	713