H. B. No. 385 As Introduced

Representatives Brinkman, Seitz, Law, Schaffer, Webster

A BILL

To amend sections 7.12, 148.04, 148.06, 504.11, 1
505.391, 505.94, 515.01, 515.07, and 5705.10 and 2
to enact sections 504.23 and 517.16 of the Revised 3
Code to eliminate the requirement for a second 4
class mailing privilege for newspapers of general 5
circulation used for legal publications, to make 6
changes to the law authorizing a charge for 7
certain multiple false fire alarms in townships, 8
to increase the maximum registration fee for 9
transient vendors in townships, to allow emergency 10
resolutions to take immediate effect in limited 11
home rule townships, to eliminate the ten-year 12
duration limit and the competitive bidding 13
requirements for township lighting contracts, to 14
authorize boards of township trustees to sell 15
cemetery-related items to raise revenue for the 16
care and maintenance of township cemeteries, to 17
authorize urban townships to adopt a general 18
parking authorization plan for subdivision 19
entrances and certain township cul de sac streets, 20
to remove the limitation on the number of 21
additional deferred compensation programs 22
townships may offer to township officers or 23
employees, and to authorize a township to pay the 24
proceeds from the sale of a permanent improvement 25
into the township's general fund under certain 26
circumstances. 27

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

       Section 1. That sections 7.12, 148.04, 148.06, 504.11, 28
505.391, 505.94, 515.01, 515.07, and 5705.10 be amended and 29
sections 504.23 and 517.16 of the Revised Code be enacted to read 30
as follows: 31

       Sec. 7.12. Whenever any legal publication is required by law 32
to be made in a newspaper published in a municipal corporation, 33
county, or other political subdivision, the newspaper shall also 34
be a newspaper of general circulation in the municipal 35
corporation, county, or other political subdivision, without 36
further restriction or limitation upon a selection of the 37
newspaper to be used. If no newspaper is published in such a 38
municipal corporation, county, or other political subdivision, 39
~~such~~the legal publication shall be made in any newspaper of 40
general circulation ~~therein~~in the municipal corporation, county, 41
or other political subdivision. If there are less than two 42
newspapers published in any municipal corporation, county, or 43
other political subdivision in the manner defined by this section, 44
~~then~~ any legal publication required by law to be made in a 45
newspaper published in a municipal corporation, county, or other 46
political subdivision may be made in any newspaper regularly 47
issued at stated intervals from a known office of publication 48
located within the municipal corporation, county, or other 49
political subdivision. As used in this section, a "known office of 50
publication" is a public office where the business of the 51
newspaper is transacted during the usual business hours, and ~~such~~ 52
that office shall be shown by the publication itself. 53

       In addition to all other requirements, a newspaper or 54
newspaper of general circulation, except those publications 55
performing the functions described in section 2701.09 of the 56
Revised Code for a period of one year immediately preceding any 57
such publication required to be made, shall be a publication 58
bearing a title or name, regularly issued as frequently as once a 59
week for a definite price or consideration paid for by not less 60
than fifty per cent of those to whom distribution is made, ~~having~~ 61
~~a second class mailing privilege,~~ being not less than four pages, 62
published continuously during the immediately preceding one-year 63
period, and circulated generally in the political subdivision in 64
which it is published. ~~Such~~The publication must be of a type to 65
which the general public resorts for passing events of a 66
political, religious, commercial, and social nature, current 67
happenings, announcements, miscellaneous reading matter, 68
advertisements, and other notices. 69

       Sec. 148.04. (A) The Ohio public employees deferred 70
compensation board shall initiate, plan, expedite, and, subject to 71
an appropriate assurance of the approval of the internal revenue 72
service, promulgate and offer to all eligible employees, and 73
thereafter administer on behalf of all participating employees and 74
continuing members, and alter as required, a program for deferral 75
of compensation, including a reasonable number of options to the 76
employee for the investment of deferred funds, including life 77
insurance, annuities, variable annuities, pooled investment funds 78
managed by the board, or other forms of investment approved by the 79
board, always in such form as will assure the desired tax 80
treatment of such funds. The members of the ~~Ohio public employees~~ 81
~~deferred compensation~~ board are the trustees of any deferred funds 82
and shall discharge their duties with respect to the funds solely 83
in the interest of and for the exclusive benefit of participating 84
employees, continuing members, and their beneficiaries. With 85
respect to such deferred funds, section 148.09 of the Revised Code 86
shall apply to claims against participating employees or 87
continuing members and their employers. 88

       (B) Every employer of an eligible employee shall contract 89
with ~~such~~the employee upon the employee's application for 90
participation in a deferred compensation program offered by the 91
board. Every retirement system serving an eligible employee shall 92
serve as collection agent for compensation deferred by any of its 93
members and account for and deliver such sums to the board. 94

       (C) The board shall, subject to any applicable contract 95
provisions, undertake to obtain as favorable conditions of tax 96
treatment as possible, both in the initial programs and any 97
permitted alterations ~~thereof~~of them or additions ~~thereto~~to 98
them, as to such matters as terms of distribution, designation of 99
beneficiaries, withdrawal upon disability, financial hardship, or 100
termination of public employment, and other optional provisions. 101

       (D) In no event shall the total of the amount of deferred 102
compensation to be set aside under a deferred compensation program 103
and the employee's nondeferred income for any year exceed the 104
total annual salary or compensation under the existing salary 105
schedule or classification plan applicable to ~~such~~the employee in 106
~~such~~that year. 107

       Such a deferred compensation program shall be in addition to 108
any retirement or any other benefit program provided by law for 109
employees of this state. The board shall adopt rules pursuant to 110
Chapter 119. of the Revised Code to provide any necessary 111
standards or conditions for the administration of its programs, 112
including any limits on the portion of a participating employee's 113
compensation that may be deferred in order to avoid adverse 114
treatment of the program by the internal revenue service or the 115
occurrence of deferral, withholding, or other deductions in excess 116
of the compensation available for any pay period. 117

       Any income deferred under such a plan shall continue to be 118
included as regular compensation for the purpose of computing the 119
contributions to and benefits from the retirement system of such 120
employee. Any sum so deferred shall not be included in the 121
computation of any federal and state income taxes withheld on 122
behalf of any such employee. 123

       (E) This section does not limit the authority of any 124
municipal corporation, county, township, park district, 125
conservancy district, sanitary district, health district, public 126
library, county law library, public institution of higher 127
education, or school district to provide separate authorized plans 128
or programs for deferring compensation of their officers and 129
employees in addition to the program for the deferral of 130
compensation offered by the board. Any municipal corporation, 131
township, public institution of higher education, or school 132
district that offers such plans or programs shall include a 133
reasonable number of options to its officers or employees for the 134
investment of the deferred funds, including annuities, variable 135
annuities, regulated investment trusts, or other forms of 136
investment approved by the municipal corporation, township, public 137
institution of higher education, or school district, that will 138
assure the desired tax treatment of the funds. 139

       Sec. 148.06. As used in this section: 140

       (A) "Government unit" means a county, ~~township,~~ park district 141
of any kind, conservancy district, sanitary district, health 142
district, public library district, or county law library. 143

       (B) "Governing board" means, in the case of the county, the 144
board of county commissioners; ~~in the case of a township, the~~ 145
~~board of township trustees;~~ in the case of a park district, the 146
board of park commissioners; in the case of a conservancy 147
district, the district's board of directors; in the case of a 148
sanitary district, the district's board of directors; in the case 149
of a health district, the board of health; in the case of a public 150
library district, the board of library trustees; and in the case 151
of a county law library, the board of trustees of the law library 152
association. 153

       In addition to the program of deferred compensation that may 154
be offered under this chapter, a governing board may offer to all 155
of the officers and employees of the government unit not to exceed 156
two additional programs for deferral of compensation designed for 157
favorable tax treatment of the compensation so deferred. Any such 158
program shall include a reasonable number of options to the 159
officer or employee for the investment of the deferred funds, 160
including annuities, variable annuities, regulated investment 161
trusts, or other forms of investment approved by the governing 162
board, that will assure the desired tax treatment of the funds. 163

       Any income deferred under such a plan shall continue to be 164
included as regular compensation for the purpose of computing the 165
contributions to and benefits from the officer's or employee's 166
retirement system but shall not be included in the computation of 167
any federal and state income taxes withheld on behalf of any such 168
employee. 169

       Sec. 504.11. (A) The vote on the question of passage of a 170
resolution provided for in section 504.10 of the Revised Code or a 171
motion related to that resolution shall be taken by yeas and nays 172
and entered on the journal, and the resolution or motion shall not 173
be passed without concurrence of a majority of all members of the 174
board of township trustees, except that each emergency resolution 175
under that section shall require the affirmative vote of all of 176
the members of the board for its enactment. If an emergency 177
resolution fails to receive the required vote for passage as an 178
emergency measure but receives the necessary majority for passage 179
as a nonemergency resolution, it shall be considered passed as a 180
nonemergency resolution. Except as otherwise provided in division 181
(B) of this section, a resolution shall become effective thirty 182
days after it is filed with the township fiscal officer. Each 183
emergency resolution shall determine that the resolution is 184
necessary for the immediate preservation of the public peace, 185
health, safety, or welfare and shall contain a statement of the 186
necessity for the emergency. Each resolution shall be 187
authenticated by the signature of the township fiscal officer, but 188
the failure or refusal of the fiscal officer to sign a resolution 189
shall not invalidate an otherwise properly enacted resolution. 190

       (B) Each resolution appropriating money, submitting a 191
question to the electorate, determining to proceed with an 192
election, or providing for the approval of a revision, 193
codification, recodification, or rearrangement of resolutions, or 194
publication of resolutions in book form~~, and any emergency~~ 195
~~resolution,~~ shall take effect, unless a later time is specified in 196
the resolution, ten days after it is filed with the township 197
fiscal officer. Emergency resolutions shall take effect 198
immediately. 199

       (C) Each resolution shall be recorded in a book, or other 200
record prescribed by the board, established and maintained for 201
that purpose. The township fiscal officer or a duly authorized 202
deputy to the fiscal officer shall, upon the request of any person 203
and upon the payment of a fee established by the board, certify 204
true copies of any resolution, and these certified copies shall be 205
admissible as evidence in any court. 206

       (D) The procedures provided in this section apply only to 207
resolutions adopted pursuant to a township's limited home rule 208
powers as authorized by this chapter. 209

       Sec. 504.23. (A) The board of township trustees of an urban 210
township that adopts a limited home rule government may adopt a 211
general parking authorization plan for subdivision entrances and 212
township cul de sac streets that do not exceed one thousand five 213
hundred feet in length. All regulations and orders arising from 214
such a parking authorization plan shall be posted by the township 215
fiscal officer in at least five conspicuous public places in the 216
township for thirty days before becoming effective, and shall be 217
published in a newspaper of general circulation in the township 218
for three consecutive weeks. In addition to these requirements, no 219
regulations and orders arising from such a parking authorization 220
plan shall become effective until permanent signs giving notice of 221
the applicable parking limitations or prohibitions are properly 222
posted, in accordance with any applicable standards adopted by the 223
department of transportation, at subdivision entrances or at the 224
beginning of any township cul de sac street that does not exceed 225
one thousand five hundred feet in length. 226

       (B) As used in this section, "urban township" has the same 227
meaning as in section 504.01 of the Revised Code. 228

       Sec. 505.391. (A) If, after the fire department of a 229
township, township fire district, or joint fire district, or a 230
private fire company with which the fire department of a township, 231
township fire district, or joint fire district contracts for fire 232
protection, responds to a false alarm from an automatic fire alarm 233
system at a commercial establishment or residential building, the 234
board of township trustees gives written notice by certified mail 235
that it may assess a charge of up to three hundred dollars for 236
each subsequent false alarm ~~within a period of thirty days~~ 237
occurring after ~~any~~three false ~~alarm~~alarms by that system within 238
the same calendar year, the board of township trustees may assess 239
that charge. This notice shall be mailed to the owner and the 240
lessee, if any, of the building in which the system is installed. 241
After the board gives this notice, the board need not give any 242
additional written notices before assessing a charge for a false 243
alarm as provided by this section. ~~If not paid within sixty days~~ 244
~~after the owner or lessee receives a written notice by certified~~ 245
~~mail that a charge has been assessed, the charge shall be entered~~ 246
~~upon the real property tax list and tax duplicate, shall be a lien~~ 247
~~upon the property served, and shall be collected as other taxes.~~ 248
~~Charges collected under this section shall be returned to the~~ 249
~~township general fund.~~ 250

       As(B) If payment of the bill assessing a charge for a false 251
alarm is not received within thirty days, the township fiscal 252
officer shall send a notice by certified mail to the manager and 253
to the owner, if different, of the real estate of which the 254
commercial establishment is a part, or to the occupant, lessee, 255
agent, or tenant and to the owner, if different, of the real 256
estate of which the residential building is a part, indicating 257
that failure to pay the bill within thirty days, or to show just 258
cause why the bill should not be paid within thirty days, will 259
result in the assessment of a lien upon the real estate in the 260
amount of the bill. If payment is not received or just cause for 261
nonpayment is not shown within those thirty days, the amount of 262
the bill shall be entered upon the tax duplicate, shall be a lien 263
upon the real estate from the date of the entry, and shall be 264
collected as other taxes and returned to the township treasury to 265
be earmarked for use for fire services. 266

       (C) As used in this section, "commercial establishment" means 267
a building or buildings in an area used primarily for 268
nonresidential, commercial purposes. 269

       Sec. 505.94. (A) A board of township trustees may, by 270
resolution, require the registration of all transient vendors 271
within the unincorporated territory of the township and may 272
regulate the time, place, and manner in which these vendors may 273
sell, offer for sale, or solicit orders for future delivery of 274
goods, or the board may, by resolution, prohibit these activities 275
within that territory. If the board requires the registration of 276
all transient vendors, it may establish a reasonable registration 277
fee, not to exceed ~~seventy-five~~one hundred fifty dollars for a 278
registration period, and this registration shall be valid for a 279
period of at least ninety days after the date of registration. Any 280
board of township trustees that provides for the registration and 281
regulation, or prohibition, of transient vendors under this 282
section shall notify the prosecuting attorney of the county in 283
which the township is located of its registration and regulatory 284
requirements or prohibition. No transient vendor shall fail to 285
register or to comply with regulations or prohibitions established 286
by a board of township trustees under this division. 287

       This division does not authorize a board of township trustees 288
to apply a resolution it adopts under this division to any person 289
invited by an owner or tenant to visit the owner's or tenant's 290
premises to sell, offer for sale, or solicit orders for future 291
delivery of goods. 292

       (B) As used in this section: 293

       (1) "Goods" means goods, wares, services, merchandise, 294
periodicals, and other articles or publications. 295

       (2) "Transient vendor" means any person who opens a temporary 296
place of business for the sale of goods or who, on the streets or 297
while traveling about the township, either sells or offers for 298
sale goods, or solicits orders for future delivery of goods where 299
payment is required prior to the delivery of the goods. "Transient 300
vendor" does not include any person who represents any entity 301
exempted from taxation under section 5709.04 of the Revised Code, 302
that notifies the board of township trustees that its 303
representatives are present in the township for the purpose of 304
either selling or offering for sale goods, or soliciting orders 305
for future delivery of goods, and does not include a person 306
licensed under Chapter 4707. of the Revised Code. 307

       Sec. 515.01. The board of township trustees may provide 308
artificial lights for any road, highway, public place, or building 309
under its supervision or control, or for any territory within the 310
township and outside the boundaries of any municipal corporation, 311
when the board determines that the public safety or welfare 312
requires that the road, highway, public place, building, or 313
territory shall be lighted. The lighting may be procured either by 314
the township installing a lighting system or by contracting with 315
any person or corporation to furnish lights. 316

       If lights are furnished under contract, the contract may 317
provide that the equipment employed may be owned by the township 318
or by the person or corporation supplying itthe lights. 319

       ~~If the board determines to procure lighting by contract and~~ 320
~~the total estimated cost of the contract exceeds twenty-five~~ 321
~~thousand dollars, the board shall prepare plans and specifications~~ 322
~~for the lighting equipment and shall, for two weeks, advertise for~~ 323
~~bids for furnishing the lighting equipment, either by posting the~~ 324
~~advertisement in three conspicuous places in the township or by~~ 325
~~publication of the advertisement once a week, for two consecutive~~ 326
~~weeks, in a newspaper of general circulation in the township. Any~~ 327
~~such contract for lighting shall be made with the lowest and best~~ 328
~~bidder.~~ 329

       ~~No lighting contract awarded by the board shall be made to~~ 330
~~cover a period of more than ten years.~~ The cost of installing and 331
operating any lighting system or any light furnished under 332
contract shall be paid from the general fund of the township 333
treasury. 334

       Sec. 515.07. ~~If the total estimated cost of any~~Any contract 335
for a lighting improvement provided for in section 515.06 of the 336
Revised Code ~~is twenty-five thousand dollars or less, the contract~~ 337
may be let without competitive bidding. ~~When~~If competitive 338
bidding is ~~required~~used, however, the board of township trustees 339
shall post, in three of the most conspicuous public places in the 340
lighting district, a notice specifying the number, candle power, 341
and location of lights and the kind of supports for the lights as 342
provided by section 515.06 of the Revised Code, as well as the 343
time, which shall not be less than thirty days from the posting of 344
the notices, and the place the board will receive bids to furnish 345
the lights. The board, when using competitive bidding, shall 346
accept the lowest and best bid, if the successful bidder meets the 347
requirements of section 153.54 of the Revised Code~~. The~~, but the 348
board may reject all bids. 349

       Sec. 517.16. A board of township trustees may sell 350
cemetery-related items. All revenue received from their sale shall 351
be used to provide for the care and maintenance of any township 352
cemetery in that township, in the manner approved by the board. 353

        As used in this section, "cemetery-related items" include, 354
but are not limited to, monuments, vaults, outer burial 355
containers, markers, and urns, but exclude burial lots. 356

       Sec. 5705.10. (A) All revenue derived from the general levy 357
for current expense within the ten-mill limitation, from any 358
general levy for current expense authorized by vote in excess of 359
the ten-mill limitation, and from sources other than the general 360
property tax, unless its use for a particular purpose is 361
prescribed by law, shall be paid into the general fund. 362

       (B) All revenue derived from general or special levies for 363
debt charges, whether within or in excess of the ten-mill 364
limitation, which is levied for the debt charges on serial bonds, 365
notes, or certificates of indebtedness having a life less than 366
five years, shall be paid into the bond retirement fund; and all 367
such revenue which is levied for the debt charges on all other 368
bonds, notes, or certificates of indebtedness shall be paid into 369
the sinking fund. 370

       (C) All revenue derived from a special levy shall be credited 371
to a special fund for the purpose for which the levy was made. 372

       (D) Except as otherwise provided by resolution adopted 373
pursuant to section 3315.01 of the Revised Code, all revenue 374
derived from a source other than the general property tax and 375
which the law prescribes shall be used for a particular purpose, 376
shall be paid into a special fund for such purpose. Except as 377
otherwise provided by resolution adopted pursuant to section 378
3315.01 of the Revised Code or as otherwise provided by section 379
3315.40 of the Revised Code, all revenue derived from a source 380
other than the general property tax, for which the law does not 381
prescribe use for a particular purpose, including interest earned 382
on the principal of any special fund, regardless of the source or 383
purpose of the principal, shall be paid into the general fund. 384

       (E) All proceeds from the sale of public obligations or 385
fractionalized interests in public obligations as defined in 386
section 133.01 of the Revised Code, except premium and accrued 387
interest, shall be paid into a special fund for the purpose of 388
such issue, and any interest and other income earned on money in 389
such special fund may be used for the purposes for which the 390
indebtedness was authorized or may be credited to the general fund 391
or other fund or account as the taxing authority authorizes and 392
used for the purposes of that fund or account. The premium and 393
accrued interest received from such sale shall be paid into the 394
sinking fund or the bond retirement fund of the subdivision. 395

       If(F) Except as provided in division (G) of this section, if 396
a permanent improvement of the subdivision is sold, the amount 397
received from the sale shall be paid into the sinking fund, the 398
bond retirement fund, or ~~into~~ a special fund for the construction 399
or acquisition of permanent improvements; provided that the 400
proceeds from the sale of a public utility shall be paid into the 401
sinking fund or bond retirement fund to the extent necessary to 402
provide for the retirement of the outstanding indebtedness 403
incurred in the construction or acquisition of such utility. 404
Proceeds from the sale of property other than a permanent 405
improvement shall be paid into the fund from which such property 406
was acquired or is maintained, or, if there is no such fund, into 407
the general fund. 408

       (G)(1) A township that has a population greater than twenty 409
thousand according to the most recent federal decennial census and 410
that has declared one or more improvements in the township to be a 411
public purpose under section 5709.73 of the Revised Code may pay 412
proceeds from the sale of a permanent improvement of the township 413
into its general fund if both of the following conditions are 414
satisfied: 415

        (a) The township fiscal officer determines that all 416
foreseeable public infrastructure improvements, as defined in 417
section 5709.40 of the Revised Code, to be made in the township in 418
the ten years immediately following the date the permanent 419
improvement is sold will have been financed through resolutions 420
adopted under section 5709.73 of the Revised Code on or before the 421
date of the sale. 422

        (b) The permanent improvement being sold was financed 423
entirely from moneys in the township's general fund. 424

        (2) The determination of the township fiscal officer under 425
division (G)(1)(a) of this section shall be made in writing and 426
shall be certified to the tax commissioner before any of the 427
proceeds from the sale of a permanent improvement are paid into 428
the general fund. 429

       (H) Money paid into any fund shall be used only for the 430
purposes for which such fund is established. 431

       Section 2. That existing sections 7.12, 148.04, 148.06, 432
504.11, 505.391, 505.94, 515.01, 515.07, and 5705.10 of the 433
Revised Code are hereby repealed. 434

Section 1. That sections 7.12, 148.04, 148.06, 504.11,	28
505.391, 505.94, 515.01, 515.07, and 5705.10 be amended and	29
sections 504.23 and 517.16 of the Revised Code be enacted to read	30
as follows:	31

Sec. 7.12. Whenever any legal publication is required by law	32
to be made in a newspaper published in a municipal corporation,	33
county, or other political subdivision, the newspaper shall also	34
be a newspaper of general circulation in the municipal	35
corporation, county, or other political subdivision, without	36
further restriction or limitation upon a selection of the	37
newspaper to be used. If no newspaper is published in such a	38
municipal corporation, county, or other political subdivision,	39
~~such~~the legal publication shall be made in any newspaper of	40
general circulation ~~therein~~in the municipal corporation, county,	41
or other political subdivision. If there are less than two	42
newspapers published in any municipal corporation, county, or	43
other political subdivision in the manner defined by this section,	44
~~then~~ any legal publication required by law to be made in a	45
newspaper published in a municipal corporation, county, or other	46
political subdivision may be made in any newspaper regularly	47
issued at stated intervals from a known office of publication	48
located within the municipal corporation, county, or other	49
political subdivision. As used in this section, a "known office of	50
publication" is a public office where the business of the	51
newspaper is transacted during the usual business hours, and ~~such~~	52
that office shall be shown by the publication itself.	53

In addition to all other requirements, a newspaper or	54
newspaper of general circulation, except those publications	55
performing the functions described in section 2701.09 of the	56
Revised Code for a period of one year immediately preceding any	57
such publication required to be made, shall be a publication	58
bearing a title or name, regularly issued as frequently as once a	59
week for a definite price or consideration paid for by not less	60
than fifty per cent of those to whom distribution is made, ~~having~~	61
~~a second class mailing privilege,~~ being not less than four pages,	62
published continuously during the immediately preceding one-year	63
period, and circulated generally in the political subdivision in	64
which it is published. ~~Such~~The publication must be of a type to	65
which the general public resorts for passing events of a	66
political, religious, commercial, and social nature, current	67
happenings, announcements, miscellaneous reading matter,	68
advertisements, and other notices.	69

Sec. 148.04. (A) The Ohio public employees deferred	70
compensation board shall initiate, plan, expedite, and, subject to	71
an appropriate assurance of the approval of the internal revenue	72
service, promulgate and offer to all eligible employees, and	73
thereafter administer on behalf of all participating employees and	74
continuing members, and alter as required, a program for deferral	75
of compensation, including a reasonable number of options to the	76
employee for the investment of deferred funds, including life	77
insurance, annuities, variable annuities, pooled investment funds	78
managed by the board, or other forms of investment approved by the	79
board, always in such form as will assure the desired tax	80
treatment of such funds. The members of the ~~Ohio public employees~~	81
~~deferred compensation~~ board are the trustees of any deferred funds	82
and shall discharge their duties with respect to the funds solely	83
in the interest of and for the exclusive benefit of participating	84
employees, continuing members, and their beneficiaries. With	85
respect to such deferred funds, section 148.09 of the Revised Code	86
shall apply to claims against participating employees or	87
continuing members and their employers.	88

(B) Every employer of an eligible employee shall contract	89
with ~~such~~the employee upon the employee's application for	90
participation in a deferred compensation program offered by the	91
board. Every retirement system serving an eligible employee shall	92
serve as collection agent for compensation deferred by any of its	93
members and account for and deliver such sums to the board.	94

(C) The board shall, subject to any applicable contract	95
provisions, undertake to obtain as favorable conditions of tax	96
treatment as possible, both in the initial programs and any	97
permitted alterations ~~thereof~~of them or additions ~~thereto~~to	98
them, as to such matters as terms of distribution, designation of	99
beneficiaries, withdrawal upon disability, financial hardship, or	100
termination of public employment, and other optional provisions.	101

(D) In no event shall the total of the amount of deferred	102
compensation to be set aside under a deferred compensation program	103
and the employee's nondeferred income for any year exceed the	104
total annual salary or compensation under the existing salary	105
schedule or classification plan applicable to ~~such~~the employee in	106
~~such~~that year.	107

Such a deferred compensation program shall be in addition to	108
any retirement or any other benefit program provided by law for	109
employees of this state. The board shall adopt rules pursuant to	110
Chapter 119. of the Revised Code to provide any necessary	111
standards or conditions for the administration of its programs,	112
including any limits on the portion of a participating employee's	113
compensation that may be deferred in order to avoid adverse	114
treatment of the program by the internal revenue service or the	115
occurrence of deferral, withholding, or other deductions in excess	116
of the compensation available for any pay period.	117

Any income deferred under such a plan shall continue to be	118
included as regular compensation for the purpose of computing the	119
contributions to and benefits from the retirement system of such	120
employee. Any sum so deferred shall not be included in the	121
computation of any federal and state income taxes withheld on	122
behalf of any such employee.	123

(E) This section does not limit the authority of any	124
municipal corporation, county, township, park district,	125
conservancy district, sanitary district, health district, public	126
library, county law library, public institution of higher	127
education, or school district to provide separate authorized plans	128
or programs for deferring compensation of their officers and	129
employees in addition to the program for the deferral of	130
compensation offered by the board. Any municipal corporation,	131
township, public institution of higher education, or school	132
district that offers such plans or programs shall include a	133
reasonable number of options to its officers or employees for the	134
investment of the deferred funds, including annuities, variable	135
annuities, regulated investment trusts, or other forms of	136
investment approved by the municipal corporation, township, public	137
institution of higher education, or school district, that will	138
assure the desired tax treatment of the funds.	139

(A) "Government unit" means a county, ~~township,~~ park district	141
of any kind, conservancy district, sanitary district, health	142
district, public library district, or county law library.	143

(B) "Governing board" means, in the case of the county, the	144
board of county commissioners; ~~in the case of a township, the~~	145
~~board of township trustees;~~ in the case of a park district, the	146
board of park commissioners; in the case of a conservancy	147
district, the district's board of directors; in the case of a	148
sanitary district, the district's board of directors; in the case	149
of a health district, the board of health; in the case of a public	150
library district, the board of library trustees; and in the case	151
of a county law library, the board of trustees of the law library	152
association.	153

In addition to the program of deferred compensation that may	154
be offered under this chapter, a governing board may offer to all	155
of the officers and employees of the government unit not to exceed	156
two additional programs for deferral of compensation designed for	157
favorable tax treatment of the compensation so deferred. Any such	158
program shall include a reasonable number of options to the	159
officer or employee for the investment of the deferred funds,	160
including annuities, variable annuities, regulated investment	161
trusts, or other forms of investment approved by the governing	162
board, that will assure the desired tax treatment of the funds.	163

Any income deferred under such a plan shall continue to be	164
included as regular compensation for the purpose of computing the	165
contributions to and benefits from the officer's or employee's	166
retirement system but shall not be included in the computation of	167
any federal and state income taxes withheld on behalf of any such	168
employee.	169

Sec. 504.11. (A) The vote on the question of passage of a	170
resolution provided for in section 504.10 of the Revised Code or a	171
motion related to that resolution shall be taken by yeas and nays	172
and entered on the journal, and the resolution or motion shall not	173
be passed without concurrence of a majority of all members of the	174
board of township trustees, except that each emergency resolution	175
under that section shall require the affirmative vote of all of	176
the members of the board for its enactment. If an emergency	177
resolution fails to receive the required vote for passage as an	178
emergency measure but receives the necessary majority for passage	179
as a nonemergency resolution, it shall be considered passed as a	180
nonemergency resolution. Except as otherwise provided in division	181
(B) of this section, a resolution shall become effective thirty	182
days after it is filed with the township fiscal officer. Each	183
emergency resolution shall determine that the resolution is	184
necessary for the immediate preservation of the public peace,	185
health, safety, or welfare and shall contain a statement of the	186
necessity for the emergency. Each resolution shall be	187
authenticated by the signature of the township fiscal officer, but	188
the failure or refusal of the fiscal officer to sign a resolution	189
shall not invalidate an otherwise properly enacted resolution.	190

(B) Each resolution appropriating money, submitting a	191
question to the electorate, determining to proceed with an	192
election, or providing for the approval of a revision,	193
codification, recodification, or rearrangement of resolutions, or	194
publication of resolutions in book form~~, and any emergency~~	195
~~resolution,~~ shall take effect, unless a later time is specified in	196
the resolution, ten days after it is filed with the township	197
fiscal officer. Emergency resolutions shall take effect	198
immediately.	199

(C) Each resolution shall be recorded in a book, or other	200
record prescribed by the board, established and maintained for	201
that purpose. The township fiscal officer or a duly authorized	202
deputy to the fiscal officer shall, upon the request of any person	203
and upon the payment of a fee established by the board, certify	204
true copies of any resolution, and these certified copies shall be	205
admissible as evidence in any court.	206

(D) The procedures provided in this section apply only to	207
resolutions adopted pursuant to a township's limited home rule	208
powers as authorized by this chapter.	209

Sec. 504.23. (A) The board of township trustees of an urban	210
township that adopts a limited home rule government may adopt a	211
general parking authorization plan for subdivision entrances and	212
township cul de sac streets that do not exceed one thousand five	213
hundred feet in length. All regulations and orders arising from	214
such a parking authorization plan shall be posted by the township	215
fiscal officer in at least five conspicuous public places in the	216
township for thirty days before becoming effective, and shall be	217
published in a newspaper of general circulation in the township	218
for three consecutive weeks. In addition to these requirements, no	219
regulations and orders arising from such a parking authorization	220
plan shall become effective until permanent signs giving notice of	221
the applicable parking limitations or prohibitions are properly	222
posted, in accordance with any applicable standards adopted by the	223
department of transportation, at subdivision entrances or at the	224
beginning of any township cul de sac street that does not exceed	225
one thousand five hundred feet in length.	226

(B) As used in this section, "urban township" has the same	227
meaning as in section 504.01 of the Revised Code.	228

Sec. 505.391. (A) If, after the fire department of a	229
township, township fire district, or joint fire district, or a	230
private fire company with which the fire department of a township,	231
township fire district, or joint fire district contracts for fire	232
protection, responds to a false alarm from an automatic fire alarm	233
system at a commercial establishment or residential building, the	234
board of township trustees gives written notice by certified mail	235
that it may assess a charge of up to three hundred dollars for	236
each subsequent false alarm ~~within a period of thirty days~~	237
occurring after ~~any~~three false ~~alarm~~alarms by that system within	238
the same calendar year, the board of township trustees may assess	239
that charge. This notice shall be mailed to the owner and the	240
lessee, if any, of the building in which the system is installed.	241
After the board gives this notice, the board need not give any	242
additional written notices before assessing a charge for a false	243
alarm as provided by this section. ~~If not paid within sixty days~~	244
~~after the owner or lessee receives a written notice by certified~~	245
~~mail that a charge has been assessed, the charge shall be entered~~	246
~~upon the real property tax list and tax duplicate, shall be a lien~~	247
~~upon the property served, and shall be collected as other taxes.~~	248
~~Charges collected under this section shall be returned to the~~	249
~~township general fund.~~	250

As(B) If payment of the bill assessing a charge for a false	251
alarm is not received within thirty days, the township fiscal	252
officer shall send a notice by certified mail to the manager and	253
to the owner, if different, of the real estate of which the	254
commercial establishment is a part, or to the occupant, lessee,	255
agent, or tenant and to the owner, if different, of the real	256
estate of which the residential building is a part, indicating	257
that failure to pay the bill within thirty days, or to show just	258
cause why the bill should not be paid within thirty days, will	259
result in the assessment of a lien upon the real estate in the	260
amount of the bill. If payment is not received or just cause for	261
nonpayment is not shown within those thirty days, the amount of	262
the bill shall be entered upon the tax duplicate, shall be a lien	263
upon the real estate from the date of the entry, and shall be	264
collected as other taxes and returned to the township treasury to	265
be earmarked for use for fire services.	266

(C) As used in this section, "commercial establishment" means	267
a building or buildings in an area used primarily for	268
nonresidential, commercial purposes.	269

Sec. 505.94. (A) A board of township trustees may, by	270
resolution, require the registration of all transient vendors	271
within the unincorporated territory of the township and may	272
regulate the time, place, and manner in which these vendors may	273
sell, offer for sale, or solicit orders for future delivery of	274
goods, or the board may, by resolution, prohibit these activities	275
within that territory. If the board requires the registration of	276
all transient vendors, it may establish a reasonable registration	277
fee, not to exceed ~~seventy-five~~one hundred fifty dollars for a	278
registration period, and this registration shall be valid for a	279
period of at least ninety days after the date of registration. Any	280
board of township trustees that provides for the registration and	281
regulation, or prohibition, of transient vendors under this	282
section shall notify the prosecuting attorney of the county in	283
which the township is located of its registration and regulatory	284
requirements or prohibition. No transient vendor shall fail to	285
register or to comply with regulations or prohibitions established	286
by a board of township trustees under this division.	287

This division does not authorize a board of township trustees	288
to apply a resolution it adopts under this division to any person	289
invited by an owner or tenant to visit the owner's or tenant's	290
premises to sell, offer for sale, or solicit orders for future	291
delivery of goods.	292

(1) "Goods" means goods, wares, services, merchandise,	294
periodicals, and other articles or publications.	295

(2) "Transient vendor" means any person who opens a temporary	296
place of business for the sale of goods or who, on the streets or	297
while traveling about the township, either sells or offers for	298
sale goods, or solicits orders for future delivery of goods where	299
payment is required prior to the delivery of the goods. "Transient	300
vendor" does not include any person who represents any entity	301
exempted from taxation under section 5709.04 of the Revised Code,	302
that notifies the board of township trustees that its	303
representatives are present in the township for the purpose of	304
either selling or offering for sale goods, or soliciting orders	305
for future delivery of goods, and does not include a person	306
licensed under Chapter 4707. of the Revised Code.	307

Sec. 515.01. The board of township trustees may provide	308
artificial lights for any road, highway, public place, or building	309
under its supervision or control, or for any territory within the	310
township and outside the boundaries of any municipal corporation,	311
when the board determines that the public safety or welfare	312
requires that the road, highway, public place, building, or	313
territory shall be lighted. The lighting may be procured either by	314
the township installing a lighting system or by contracting with	315
any person or corporation to furnish lights.	316

If lights are furnished under contract, the contract may	317
provide that the equipment employed may be owned by the township	318
or by the person or corporation supplying itthe lights.	319

~~If the board determines to procure lighting by contract and~~	320
~~the total estimated cost of the contract exceeds twenty-five~~	321
~~thousand dollars, the board shall prepare plans and specifications~~	322
~~for the lighting equipment and shall, for two weeks, advertise for~~	323
~~bids for furnishing the lighting equipment, either by posting the~~	324
~~advertisement in three conspicuous places in the township or by~~	325
~~publication of the advertisement once a week, for two consecutive~~	326
~~weeks, in a newspaper of general circulation in the township. Any~~	327
~~such contract for lighting shall be made with the lowest and best~~	328
~~bidder.~~	329