As Introduced

126th General Assembly Regular Session 2005-2006

S. B. No. 126

Senator Wachtmann 

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A BILL

To amend sections 133.07, 140.03, 140.05, 325.19,

1

339.01, 339.02, 339.03, 339.06, 339.09, 339.091,

2

339.14, 339.16, and 339.17 and to repeal section

3

339.092 of the Revised Code to modify the laws

4

governing county hospitals.

5

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

Section 1. That sections 133.07, 140.03, 140.05, 325.19,	6
339.01, 339.02, 339.03, 339.06, 339.09, 339.091, 339.14, 339.16,	7
and 339.17 of the Revised Code be amended to read as follows:	8

Sec. 133.07.  (A) A county shall not incur, without a vote of	9
the electors, either of the following:	10

(1) Net indebtedness for all purposes that exceeds an amount	11
equal to one per cent of its tax valuation;	12

(2) Net indebtedness for the purpose of paying the county's	13
share of the cost of the construction, improvement, maintenance,	14
or repair of state highways that exceeds an amount equal to	15
one-half of one per cent of its tax valuation.	16

(B) A county shall not incur total net indebtedness that	17
exceeds an amount equal to one of the following limitations that	18
applies to the county:	19

(1) A county with a valuation not exceeding one hundred	20
million dollars, three per cent of that tax valuation;	21

(2) A county with a tax valuation exceeding one hundred	22
million dollars but not exceeding three hundred million dollars,	23
three million dollars plus one and one-half per cent of that tax	24
valuation in excess of one hundred million dollars;	25

(3) A county with a tax valuation exceeding three hundred	26
million dollars, six million dollars plus two and one-half per	27
cent of that tax valuation in excess of three hundred million	28
dollars.	29

(C) In calculating the net indebtedness of a county, none of	30
the following securities shall be considered:	31

(1) Securities described in section 307.201 of the Revised	32
Code;	33

(2) Self-supporting securities issued for any purposes,	34
including, but not limited to, any of the following general	35
purposes:	36

(a) Water systems or facilities;

37

(b) Sanitary sewerage systems or facilities, or surface and	38
storm water drainage and sewerage systems or facilities, or a	39
combination of those systems or facilities;	40

(c) County or joint county scrap tire collection, storage,	41
monocell, monofill, or recovery facilities, or any combination of	42
those facilities;	43

(d) Off-street parking lots, facilities, or buildings, or	44
on-street parking facilities, or any combination of off-street and	45
on-street parking facilities;	46

(e) Facilities for the care or treatment of the sick or	47
infirm, and for housing the persons providing that care or	48
treatment and their families;	49

(f) Recreational, sports, convention, auditorium, museum,	50
trade show, and other public attraction facilities;	51

(g) Facilities for natural resources exploration,	52
development, recovery, use, and sale;	53

(h) Correctional and detention facilities and related	54
rehabilitation facilities.	55

(3) Securities issued for the purpose of purchasing,	56
constructing, improving, or extending water or sanitary or surface	57
and storm water sewerage systems or facilities, or a combination	58
of those systems or facilities, to the extent that an agreement	59
entered into with another subdivision requires the other	60
subdivision to pay to the county amounts equivalent to debt	61
charges on the securities;	62

(4) Voted general obligation securities issued for the	63
purpose of permanent improvements for sanitary sewerage or water	64
systems or facilities to the extent that the total principal	65
amount of voted securities outstanding for the purpose does not	66
exceed an amount equal to two per cent of the county's tax	67
valuation;	68

(5) Securities issued for permanent improvements to house	69
agencies, departments, boards, or commissions of the county or of	70
any municipal corporation located, in whole or in part, in the	71
county, to the extent that the revenues, other than revenues from	72
unvoted county property taxes, derived from leases or other	73
agreements between the county and those agencies, departments,	74
boards, commissions, or municipal corporations relating to the use	75
of the permanent improvements are sufficient to cover the cost of	76
all operating expenses of the permanent improvements paid by the	77
county and debt charges on the securities;	78

(6) Securities issued pursuant to section 133.08 of the	79
Revised Code;	80

(7) Securities issued for the purpose of acquiring or	81
constructing roads, highways, bridges, or viaducts, for the	82
purpose of acquiring or making other highway permanent	83
improvements, or for the purpose of procuring and maintaining	84
computer systems for the office of the clerk of any	85
county-operated municipal court, for the office of the clerk of	86
the court of common pleas, or for the office of the clerk of the	87
probate, juvenile, or domestic relations division of the court of	88
common pleas to the extent that the legislation authorizing the	89
issuance of the securities includes a covenant to appropriate from	90
moneys distributed to the county pursuant to division (B) of	91
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or	92
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a	93
sufficient amount to cover debt charges on and financing costs	94
relating to the securities as they become due;	95

(8) Securities issued for the purpose of acquiring,	96
constructing, improving, and equipping a county, multicounty, or	97
multicounty-municipal jail, workhouse, juvenile detention	98
facility, or correctional facility;	99

(9) Securities issued for the acquisition, construction,	100
equipping, or repair of any permanent improvement or any class or	101
group of permanent improvements enumerated in a resolution adopted	102
pursuant to division (D) of section 5739.026 of the Revised Code	103
to the extent that the legislation authorizing the issuance of the	104
securities includes a covenant to appropriate from moneys received	105
from the taxes authorized under section 5739.023 and division	106
(A)(5) of section 5739.026 of the Revised Code an amount	107
sufficient to pay debt charges on the securities and those moneys	108
shall be pledged for that purpose;	109

(10) Securities issued for county or joint county solid waste	110
or hazardous waste collection, transfer, or disposal facilities,	111
or resource recovery and solid or hazardous waste recycling	112
facilities, or any combination of those facilities;	113

(11) Securities issued for the acquisition, construction, and	114
equipping of a port authority educational and cultural facility	115
under section 307.671 of the Revised Code;	116

(12) Securities issued for the acquisition, construction,	117
equipping, and improving of a municipal educational and cultural	118
facility under division (B)(1) of section 307.672 of the Revised	119
Code;	120

(13) Securities issued for energy conservation measures under	121
section 307.041 of the Revised Code;	122

(14) Securities issued for the acquisition, construction,	123
equipping, improving, or repair of a sports facility, including	124
obligations issued to pay costs of a sports facility under section	125
307.673 of the Revised Code;	126

(15) Securities issued under section 755.17 of the Revised	127
Code if the legislation authorizing issuance of the securities	128
includes a covenant to appropriate from revenue received from a	129
tax authorized under division (A)(5) of section 5739.026 and	130
section 5741.023 of the Revised Code an amount sufficient to pay	131
debt charges on the securities, and the board of county	132
commissioners pledges that revenue for that purpose, pursuant to	133
section 755.171 of the Revised Code;	134

(16) Sales tax supported bonds issued pursuant to section	135
133.081 of the Revised Code for the purpose of acquiring,	136
constructing, improving, or equipping any permanent improvement to	137
the extent that the legislation authorizing the issuance of the	138
sales tax supported bonds pledges county sales taxes to the	139
payment of debt charges on the sales tax supported bonds and	140
contains a covenant to appropriate from county sales taxes a	141
sufficient amount to cover debt charges or the financing costs	142
related to the sales tax supported bonds as they become due;	143

(17) Bonds or notes issued under section 133.60 of the	144
Revised Code if the legislation authorizing issuance of the bonds	145
or notes includes a covenant to appropriate from revenue received	146
from a tax authorized under division (A)(9) of section 5739.026	147
and section 5741.023 of the Revised Code an amount sufficient to	148
pay the debt charges on the bonds or notes, and the board of	149
county commissioners pledges that revenue for that purpose;	150

(18) Securities issued under section 3707.55 of the Revised	151
Code for the acquisition of real property by a general health	152
district;	153

(19) Securities issued under division (A)(3) of section	154
3313.37 of the Revised Code for the acquisition of real and	155
personal property by an educational service center.	156

(D) In calculating the net indebtedness of a county, no	157
obligation incurred under division (D)(F) of section 339.06 of the	158
Revised Code shall be considered.	159

Sec. 140.03.  (A) Two or more hospital agencies may enter	160
into agreements for the acquisition, construction, reconstruction,	161
rehabilitation, remodeling, renovating, enlarging, equipping, and	162
furnishing of hospital facilities, or the management, operation,	163
occupancy, use, maintenance, and repair of hospital facilities, or	164
for participation in programs, projects, activities, and services	165
useful to, connected with, supplementing, or otherwise related to	166
the services provided by, or the operation of, hospital facilities	167
operated by one or more participating hospital agencies, including	168
any combination of such purposes, all in such manner as to promote	169
the public purpose stated in section 140.02 of the Revised Code. A	170
city health district; general health district; board of alcohol,	171
drug addiction, and mental health services; county board of mental	172
retardation and developmental disabilities; the department of	173
mental health; the department of mental retardation and	174
developmental disabilities; or any public body engaged in the	175
education or training of health professions personnel may join in	176
any such agreement for purposes related to its authority under	177
laws applicable to it, and as such a participant shall be	178
considered a public hospital agency or hospital agency for the	179
purposes of this section.	180

(B) An agreement entered into under authority of this section	181
shall, where appropriate, provide for:	182

(1) The manner in which the title to the hospital facilities,	183
including the sites and interest in real estate pertaining	184
thereto, is to be held, transferred, or disposed of;	185

(2) Unless provided for by lease pursuant to section 140.05	186
of the Revised Code, the method by which such hospital facilities	187
are to be acquired, constructed, or otherwise improved and by	188
which they shall be managed, occupied, maintained, and repaired,	189
including the designation of one of the hospital agencies to have	190
charge of the details of acquisition, construction, or improvement	191
pursuant to the contracting procedures prescribed under the law	192
applicable to one of the participating public hospital agencies;	193

(3) The management or administration of any such programs,	194
projects, activities, or services, which may include management or	195
administration by one of said hospital agencies or a board or	196
agency thereof;	197

(4) Annual, or more frequent, reports to the participating	198
hospital agencies as to the revenues and receipts pertaining to	199
the subject of the agreement, the expenditures thereof, the status	200
and application of other funds contributed under such agreement,	201
and such other matters as may be specified by or pursuant to such	202
agreement;	203

(5) The manner of apportionment or sharing of costs of	204
hospital facilities, any other applicable costs of management,	205
operation, maintenance, and repair of hospital facilities, and	206
costs for the programs, projects, activities, and services forming	207
the subject of the agreement, which apportionment or sharing may	208
be prescribed in fixed amounts, or determined by ratios, formulas,	209
or otherwise, and paid as service charges, rentals, or in such	210
other manner as provided in the agreement, and may include amounts	211
sufficient to meet the bond service charges and other payments and	212
deposits required under the bond proceedings for obligations	213
issued to pay costs of hospital facilities. A hospital agency may	214
commit itself to make such payments at least for so long as any	215
such obligations are outstanding. In the apportionment, different	216
classes of costs or expenses may be apportioned to one or more,	217
all or less than all, of the participating hospital agencies as	218
determined under such agreement.	219

(C) An agreement entered into under authority of this section	220
may provide for:	221

(1) An orderly process for making determinations or advising	222
as to planning, execution, implementation, and operation, which	223
may include designating one of the hospital agencies, or a board	224
thereof, for any of such purposes, provisions for a committee,	225
board, or commission, and for representation thereon, or as may	226
otherwise be provided;	227

(2) Securing necessary personnel, including participation of	228
personnel from the respective hospital agencies;	229

(3) Standards or conditions for the admission or	230
participation of patients and physicians;	231

(4) Conditions for admittance of other hospital agencies to	232
participation under the agreement;	233

(5) Fixing or establishing the method of determining charges	234
to be made for particular services;	235

(6) The manner of amending, supplementing, terminating, or	236
withdrawal or removal of any party from, the agreement, and the	237
term of the agreement, or an indefinite term;	238

(7) Designation of the applicants for or recipients of any	239
federal, state, or other aid, assistance, or loans available by	240
reason of any activities conducted under the agreement;	241

(8) Designation of one or more of the participating hospital	242
agencies to maintain, prepare, and submit, on behalf of all	243
parties to the agreement, any or all records and reports with	244
regard to the activities conducted under the agreement;	245

(9) Any incidental use of the hospital facilities, or	246
services thereof, by participating public hospital agencies for	247
any of their lawful purposes, which incidental use does not impair	248
the character of the facilities as hospital facilities for any	249
purpose of this chapter;	250

(10) Such other matters as the parties thereto may agree upon	251
for the purposes of division (A) of this section.	252

(D) For the purpose of paying or contributing its share under	253
an agreement made under this section, a public hospital agency	254
may:	255

(1) Expend any moneys from its general fund, and from any	256
other funds not otherwise restricted by law, but including funds	257
for permanent improvements of hospital facilities of such public	258
hospital agency where the contribution is to be made toward the	259
costs of hospital facilities under the agreement, and including	260
funds derived from levies for, or receipts available for,	261
operating expenses of hospital facilities or services of such	262
public hospital agency where the contribution or payment is to be	263
made toward operating expenses of the hospital facilities or	264
services under the agreement or for the services provided thereby;	265

(2) Issue obligations under Chapter 133. or sections 140.06,	266
339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section	267
3 of Article XVIII, Ohio Constitution, if applicable to such	268
public hospital agency, to pay costs of hospital facilities, or	269
issue obligations under any other provision of law authorizing	270
such public hospital agency to issue obligations for any costs of	271
hospital facilities;	272

(3) Levy taxes under Chapter 5705. or section 513.13 or	273
3709.29 of the Revised Code, if applicable to such public hospital	274
agency, provided that the purpose of such levy may include the	275
provision of funds for either or both permanent improvements and	276
current expenses if required for the contribution or payment of	277
such hospital agency under such agreement, and each such public	278
hospital agency may issue notes in anticipation of any such levy,	279
pursuant to the procedures provided in section 5705.191 of the	280
Revised Code if the levy is solely for current expenses, and in	281
section 5705.193 of the Revised Code if the levy is all or in part	282
for permanent improvements;	283

(4) Contribute real and personal property or interest therein	284
without necessity for competitive bidding or public auction on	285
disposition of such property.	286

(E) Any funds provided by public hospital agencies that are	287
parties to an agreement entered into under this section shall be	288
transferred to and placed in a separate fund or funds of such	289
participating public hospital agency as is designated under the	290
agreement. The funds shall be applied for the purposes provided in	291
such agreement and are subject to audit. Pursuant to any	292
determinations to be made under such agreement, the funds shall be	293
deposited, invested, and disbursed under the provisions of law	294
applicable to the public hospital agency in whose custody the	295
funds are held. This division is subject to the provisions of any	296
applicable bond proceedings under section 133.08, 140.06, 339.15,	297
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio	298
Constitution. The records and reports of such public hospital	299
agency under Chapter 117. of the Revised Code and sections 3702.51	300
to 3702.62 of the Revised Code, with respect to the funds shall be	301
sufficient without necessity for reports thereon by the other	302
public hospital agencies participating under such agreement.	303

(F)(1) Prior to its entry into any such agreement, the public	304
hospital agency must determine, and set forth in a resolution or	305
ordinance, that the contribution to be made by it under such	306
agreement will be fair consideration for value and benefit to be	307
derived by it under such agreement and that the agreement will	308
promote the public purpose stated in section 140.02 of the Revised	309
Code.	310

(2) If the agreement is with a board of county commissioners,	311
board of county hospital trustees, or county hospital commission	312
and is an initial agreement for the acquisition or operation of a	313
county hospital operated by a board of county hospital trustees	314
under section 339.06 of the Revised Code, the governing body of	315
the public hospital agency shall submit the resolution to the	316
board of county commissioners pursuant to section 339.091 of the	317
Revised Code. If the board of county commissioners adopts a	318
resolution under that section, it shall submit the resolution to	319
the electors of the county pursuant to section 339.092 of the	320
Revised Code. The requirements of division (F)(2) of this section	321
do not apply to the agreement if one or more hospitals classified	322
as general hospitals by the public health council under section	323
3701.07 of the Revised Code are operating in the same county as	324
the county hospital.	325

Sec. 140.05.  (A)(1) A public hospital agency may lease any	326
hospital facility to one or more hospital agencies for use as a	327
hospital facility, or to one or more city or general health	328
districts; boards of alcohol, drug addiction, and mental health	329
services; county boards of mental retardation and developmental	330
disabilities; the department of mental health; or the department	331
of mental retardation and developmental disabilities, for uses	332
which they are authorized to make thereof under the laws	333
applicable to them, or any combination of them, and they may lease	334
such facilities to or from a hospital agency for such uses, upon	335
such terms and conditions as are agreed upon by the parties. Such	336
lease may be for a term of fifty years or less and may provide for	337
an option of the lessee to renew for a term of fifty years or	338
less, as therein set forth. Prior to entering into such lease, the	339
governing body of any public hospital agency granting such lease	340
must determine, and set forth in a resolution or ordinance, that	341
such lease will promote the public purpose stated in section	342
140.02 of the Revised Code and that the lessor public hospital	343
agency will be duly benefited thereby.	344

(2) If the lease is with a board of county commissioners,	345
board of county hospital trustees, or county hospital commission	346
and is for the initial lease of a county hospital operated by a	347
board of county hospital trustees under section 339.06 of the	348
Revised Code, the governing body of the public hospital agency	349
shall submit the resolution to the board of county commissioners	350
pursuant to section 339.091 of the Revised Code. If the board of	351
county commissioners adopts a resolution under that section, it	352
shall submit the resolution to the electors of the county pursuant	353
to section 339.092 of the Revised Code. The requirements of	354
division (A)(2) of this section do not apply to the lease if one	355
or more hospitals classified as general hospitals by the public	356
health council under section 3701.07 of the Revised Code are	357
operating in the same county as the county hospital.	358

(B) Any lease entered into pursuant to this section shall	359
provide that in the event that the lessee fails faithfully and	360
efficiently to administer, maintain, and operate such leased	361
facilities as hospital facilities, or fails to provide the	362
services thereof without regard to race, creed, color, or national	363
origin, or fails to require that any hospital agency using such	364
facilities or the services thereof shall not discriminate by	365
reason of race, creed, color, or national origin, after an	366
opportunity to be heard upon written charges, said lease may be	367
terminated at the time, in the manner and with consequences	368
therein provided. If any such lease does not contain terms to the	369
effect provided in this division, it shall nevertheless be deemed	370
to contain such terms which shall be implemented as determined by	371
the governing body of the lessor.	372

(C) Such lease may provide for rentals commencing at any time	373
agreed upon, or advance rental, and continuing for such period	374
therein provided, notwithstanding and without diminution, rebate,	375
or setoff by reason of time of availability of the hospital	376
facility for use, delays in construction, failure of completion,	377
damage or destruction of the hospital facilities, or for any other	378
reason.	379

(D) Such lease may provide for the sale or transfer of title	380
of the leased facilities pursuant to an option to purchase,	381
lease-purchase, or installment purchase upon terms therein	382
provided or to be determined as therein provided, which may	383
include provision for the continued use thereof as a hospital	384
facility for some reasonable period, taking into account efficient	385
useful life and other factors, as is provided therein.	386

(E) Such lease may be entered as part of or in connection	387
with an agreement pursuant to section 140.03 of the Revised Code.	388
Any hospital facilities which are the subject of an agreement	389
entered into under section 140.03 of the Revised Code may be	390
leased pursuant to this section.	391

(F) If land acquired by a public hospital agency for a	392
hospital facility is adjacent to an existing hospital facility	393
owned by another hospital agency, the public hospital agency may,	394
in connection with such acquisition or the leasing of such land	395
and hospital facilities thereon to one or more hospital agencies,	396
enter into an agreement with the hospital agency which owns such	397
adjacent hospital facility for the use of common walls in the	398
construction, operation, or maintenance of hospital facilities of	399
the public hospital agency. For the purpose of construction,	400
operation, or maintenance of hospital facilities, a public	401
hospital agency may acquire by purchase, gift, lease, lease with	402
option to purchase, lease-purchase, or installment purchase,	403
easement deed, or other agreement, real estate and interests in	404
real estate, including rights to use space over, under or upon	405
real property owned by others, and support, access, common wall,	406
and other rights in connection therewith. Any public hospital	407
agency or other political subdivision or any public agency, board,	408
commission, institution, body, or instrumentality may grant such	409
real estate, interests, or rights to any hospital agency upon such	410
terms as are agreed upon without necessity for competitive bidding	411
or public auction.	412

Sec. 325.19.  (A)(1) The granting of vacation leave under	413
division (A)(1) of this section is subject to divisions (A)(2) and	414
(3) of this section. Each full-time employee in the several	415
offices and departments of the county service, including full-time	416
hourly rate employees, after service of one year with the county	417
or any political subdivision of the state, shall have earned and	418
will be due upon the attainment of the first year of employment,	419
and annually thereafter, eighty hours of vacation leave with full	420
pay. One year of service shall be computed on the basis of	421
twenty-six biweekly pay periods. A full-time county employee with	422
eight or more years of service with the county or any political	423
subdivision of the state shall have earned and is entitled to one	424
hundred twenty hours of vacation leave with full pay. A full-time	425
county employee with fifteen or more years of service with the	426
county or any political subdivision of the state shall have earned	427
and is entitled to one hundred sixty hours of vacation leave with	428
full pay. A full-time county employee with twenty-five years of	429
service with the county or any political subdivision of the state	430
shall have earned and is entitled to two hundred hours of vacation	431
leave with full pay. Such vacation leave shall accrue to the	432
employee at the rate of three and one-tenth hours each biweekly	433
period for those entitled to eighty hours per year; four and	434
six-tenths hours each biweekly period for those entitled to one	435
hundred twenty hours per year; six and two-tenths hours each	436
biweekly period for those entitled to one hundred sixty hours per	437
year; and seven and seven-tenths hours each biweekly period for	438
those entitled to two hundred hours per year.	439

The appointing authorities of the offices and departments of	440
the county service may permit all or any part of a person's prior	441
service with any regional council of government established in	442
accordance with Chapter 167. of the Revised Code to be considered	443
service with the county or a political subdivision of the state	444
for the purpose of determining years of service under this	445
division.	446

(2) Full-time employees granted vacation leave under division	447
(A)(1) of this section who render any standard of service other	448
than forty hours per week as described in division (J) of this	449
section and who are in active pay status in a biweekly pay period,	450
shall accrue a number of hours of vacation leave during each such	451
pay period that bears the same ratio to the number of hours	452
specified in division (A)(1) of this section as their number of	453
hours which are accepted as full-time in active pay status,	454
excluding overtime hours, bears to eighty hours.	455

(3) Full-time employees granted vacation leave under division	456
(A)(1) of this section who are in active pay status in a biweekly	457
pay period for less than eighty hours or the number of hours of	458
service otherwise accepted as full-time by their employing office	459
or department shall accrue a number of hours of vacation leave	460
during that pay period that bears the same ratio to the number of	461
hours specified in division (A)(1) of this section as their number	462
of hours in active pay status, excluding overtime hours, bears to	463
eighty or the number of hours of service accepted as full-time,	464
whichever is applicable.	465

(B) A board of county commissioners, by resolution, may grant	466
vacation leave with full pay to part-time county employees. A	467
part-time county employee shall be eligible for vacation leave	468
with full pay upon the attainment of the first year of employment,	469
and annually thereafter. The ratio between the hours worked and	470
the vacation hours awarded to a part-time employee shall be the	471
same as the ratio between the hours worked and the vacation hours	472
earned by a full-time employee as provided for in this section.	473

(C) Days specified as holidays in section 124.19 of the	474
Revised Code shall not be charged to an employee's vacation leave.	475
Vacation leave shall be taken by the employee during the year in	476
which it accrued and prior to the next recurrence of the	477
anniversary date of the employee's employment, provided the	478
appointing authority may, in special and meritorious cases, permit	479
such employee to accumulate and carry over the employee's vacation	480
leave to the following year. No vacation leave shall be carried	481
over for more than three years. An employee is entitled to	482
compensation, at the employee's current rate of pay, for the	483
prorated portion of any earned but unused vacation leave for the	484
current year to the employee's credit at time of separation, and	485
in addition shall be compensated for any unused vacation leave	486
accrued to the employee's credit, with the permission of the	487
appointing authority, for the three years immediately preceding	488
the last anniversary date of employment.	489

(D)(1) In addition to vacation leave, a full-time county	490
employee is entitled to eight hours of holiday pay for New Year's	491
day, Martin Luther King day, Washington-Lincoln day, Memorial day,	492
Independence day, Labor day, Columbus day, Veterans' day,	493
Thanksgiving day, and Christmas day, of each year. Except as	494
provided in division (D)(2) of this section, holidays shall occur	495
on the days specified in section 1.14 of the Revised Code. If any	496
of those holidays fall on Saturday, the Friday immediately	497
preceding shall be observed as the holiday. If any of those	498
holidays fall on Sunday, the Monday immediately succeeding shall	499
be observed as the holiday. If an employee's work schedule is	500
other than Monday through Friday, the employee is entitled to	501
holiday pay for holidays observed on the employee's day off	502
regardless of the day of the week on which they are observed.	503

(2)(a) When a classified employee of a county board of mental	504
retardation and developmental disabilities works at a site	505
maintained by a government entity other than the board, such as a	506
public school, the board may adjust the employee's holiday	507
schedule to conform to the schedule adopted by the government	508
entity. Under an adjusted holiday schedule, an employee shall	509
receive the number of hours of holiday pay granted under division	510
(D)(1) of this section.	511

(b) Pursuant to division (H)(6)(J)(7) of section 339.06 of	512
the Revised Code, a county hospital may observe Martin Luther King	513
day, Washington-Lincoln day, Columbus day, and Veterans' day on	514
days other than those specified in section 1.14 of the Revised	515
Code.	516

(E) In the case of the death of a county employee, the unused	517
vacation leave and unpaid overtime to the credit of any such	518
employee shall be paid in accordance with section 2113.04 of the	519
Revised Code, or to the employee's estate.	520

(F) Notwithstanding this section or any other section of the	521
Revised Code, any appointing authority of a county office,	522
department, commission, board, or body may, upon notification to	523
the board of county commissioners, establish alternative schedules	524
of vacation leave and holidays for employees of the appointing	525
authority for whom the state employment relations board has not	526
established an appropriate bargaining unit pursuant to section	527
4117.06 of the Revised Code, provided that the alternative	528
schedules are not inconsistent with the provisions of a collective	529
bargaining agreement covering other employees of that appointing	530
authority.	531

(G) The employees of a county children services board that	532
establishes vacation benefits under section 5153.12 of the Revised	533
Code are exempt from division (A) of this section.	534

(H) The provisions of this section do not apply to	535
superintendents and management employees of county boards of	536
mental retardation and developmental disabilities.	537

(I) Division (A) of this section does not apply to an	538
employee of a county board of mental retardation and developmental	539
disabilities who works at, or provides transportation services to	540
pupils of, a special education program provided by the county	541
board pursuant to division (A)(4) of section 5126.05 of the	542
Revised Code, if the employee's employment is based on a school	543
year and the employee is not subject to a contract with the county	544
board that provides for division (A) of this section to apply to	545
the employee.	546

(J) As used in this section:

547

(1) "Full-time employee" means an employee whose regular	548
hours of service for a county total forty hours per week, or who	549
renders any other standard of service accepted as full-time by an	550
office, department, or agency of county service.	551

(2) "Part-time employee" means an employee whose regular	552
hours of service for a county total less than forty hours per	553
week, or who renders any other standard of service accepted as	554
part-time by an office, department, or agency of county service,	555
and whose hours of county service total at least five hundred	556
twenty hours annually.	557

(3) "Management employee" has the same meaning as in section	558
5126.20 of the Revised Code.	559

Sec. 339.01.  (A) As used in sections 339.01 to 339.17 of the	560
Revised Code:	561

(1) "Hospital facilities" has the meaning given in section	562
140.01 of the Revised Code.	563

(2) "County hospital" includes all of the county hospital's	564
branches and hospital facilities, wherever located.	565

(3) "Outpatient health facility" means a facility where	566
medical care and preventive, diagnostic, therapeutic,	567
rehabilitative, or palliative items or services are provided to	568
outpatients by or under the direction of a physician or dentist.	569

(B) A board of county commissioners may purchase, acquire,	570
lease, appropriate, and construct a county hospital or hospital	571
facilities thereof. After a county hospital or hospital facilities	572
have been fully completed and sufficiently equipped for occupancy,	573
any subsequent improvements, enlargements, or rebuilding of any	574
such facility shall be made by the board of county hospital	575
trustees or a hospital commission appointed pursuant to section	576
339.14 of the Revised Code.	577

(C)(1) A board of county commissioners, board of county	578
hospital trustees, or hospital commission may purchase, acquire,	579
lease, appropriate, or construct an outpatient health facility in	580
another county to serve as a branch of the county hospital. The	581
outpatient health facility may include office space for	582
physicians. The facility shall be operated pursuant to the law	583
that regulates the operation of the county hospital. A	584

(2) When a proposal to establish an outpatient health	585
facility in another county is made by a board of hospital trustees	586
or a hospital commission, all of the following apply:	587

(a) The board of county hospital trustees or a hospital	588
commission that proposes to establish such a facility shall give	589
written notice to its board of county commissioners and to the	590
board of county commissioners of the county where the facility is	591
to be located. The board of county commissioners where the	592
facility is to be located, by resolution adopted within forty days	593
after receipt of the notice, may object to the proposed facility.	594
The resolution shall include an explanation of the objection and	595
may make any recommendations the board considers necessary. The	596
board shall send a copy of the resolution to the board of county	597
hospital trustees or the hospital commission and to the board of	598
county commissioners of the county that proposes to locate the	599
facility in the other county.	600

(2)(b) Except as provided in division (C)(3)(2)(c) of this	601
section, the board of county hospital trustees or the hospital	602
commission may establish and operate the facility, unless the	603
board of county commissioners of the county proposing to locate	604
the facility in the other county, not later than twenty days after	605
receiving a resolution of objection from the other county's board	606
of county commissioners pursuant to division (C)(1)(2)(a) of this	607
section, adopts a resolution denying the trustees or commission	608
the right to establish the facility.	609

(3)(c) If a board of county commissioners provides a subsidy	610
for uncompensated care to a board of county hospital trustees or	611
hospital commission, the board of county hospital trustees or	612
hospital commission may establish and operate the outpatient	613
health facility only if that board of county commissioners	614
approves the establishment of the facility.	615

(D) A county hospital may be designated as a monument to	616
commemorate the services of the soldiers, sailors, marines, and	617
pioneers of the county.	618

Sec. 339.02.  (A) As used in this section, "area served by	619
the hospital" means the geographic area, whether or not included	620
within the county, from which a county hospital regularly draws	621
patients.	622

(B) Unless a board of county hospital trustees for the county	623
is in existence in accordance with this section, such board shall	624
be created pursuant to this section after the board of county	625
commissioners first determines by resolution to establish a county	626
hospital. Copies of such resolution shall be certified to the	627
probate judge of the county senior in point of service and to the	628
judge, other than a probate judge, of the court of common pleas of	629
the county senior in point of service. The	630

(C) The board of county commissioners together with the	631
probate judge of the county senior in point of service and the	632
judge of the court of common pleas of the county senior in point	633
of service shall, within ten days after such certification,	634
appoint a board of county hospital trustees.	635

The(C) In making appointments to a board of county hospital	636
trustees, all of the following apply with respect to the	637
individuals who may be appointed:	638

(1) Members shall be electors of the area served by the	639
hospital, except that not more than two members may be electors of	640
the area served by the hospital that is outside the county in	641
which the hospital is located.	642

(2) In no case shall more than one-half of the members be	643
independents or be members of any one political party.	644

(3) A physician may serve as a member, including a physician	645
who is authorized to admit and treat patients at the hospital,	646
except as follows:	647

(a) Not more than two physicians may serve as members at the	648
same time;	649

(b) No physician who is employed by the hospital may serve as	650
a member.	651

(D) A board of county hospital trustees shall be composed of	652
six electors of the area served by the hospitalmembers, unless	653
the board of county commissioners determines that the board of	654
trustees can more effectively function with eight or ten trustees	655
members in which case there may be eight or ten trusteesmembers,	656
as designated by the board of county commissioners.	657

(E) With respect to the initial appointment of members to a	658
board of county hospital trustees, all of the following apply:	659

(1) When the board of trustees is composed of six electors	660
members, their terms of office shall be: one for one year, one for	661
two years, one for three years, one for four years, one for five	662
years, and one for six years from the first Monday of March	663
thereafter.	664

(2) When the board is composed of eight electorsmembers,	665
their terms of office shall be: one for one year, one for two	666
years, two for three years, one for four years, one for five	667
years, and two for six years from the first Monday of March	668
thereafter.	669

(3) When the board is composed of ten electorsmembers, their	670
terms of office shall be: two for one year, one for two years, two	671
for three years, two for four years, one for five years, and two	672
for six years from the first Monday of March thereafter.	673

(F) Except as provided in division (G)(2) of this section,	674
all of the following apply with respect to vacancies on a board of	675
county hospital trustees:	676

(1) Annually thereafter except as provided in division (D)(2)	677
of this section, on the first Monday of March, the board of county	678
commissioners together with the probate judge of the county senior	679
in point of service and the judge of the court of common pleas of	680
the county senior in point of service shall appoint or reappoint	681
for a term of six years a sufficient number of electors of the	682
area served by the hospitalmembers to replace those trustees	683
members whose terms have expired.	684

(D)(2) Any member appointed to fill a vacancy occurring prior	685
to the expiration date of the term for which the member's	686
predecessor was appointed shall hold office as a member for the	687
remainder of that term.	688

(3) Each vacancy shall be filled by an individual who has	689
been nominated by a selection committee. The selection committee	690
for a board of county hospital trustees shall consist of one	691
county commissioner designated by the board of county	692
commissioners, the chair of the board of county hospital trustees,	693
and the county hospital administrator. For each vacancy, the	694
selection committee shall nominate at least three individuals. The	695
nominees shall be presented to the board of county hospital	696
trustees to be considered for acceptance. The nominees accepted by	697
the board shall be presented by the selection committee to the	698
appointing authority for purposes of filling the vacancy.	699

(4) The appointing authority shall fill a vacancy not later	700
than six months after the vacancy occurs. If the vacancy remains	701
unfilled on that date, the remaining members of the board, by	702
majority vote, shall appoint an individual to fill the vacancy.	703

(G)(1) The board of county commissioners together with the	704
probate judge senior in point of service and the judge of the	705
court of common pleas senior in point of service in any county in	706
which a board of county hospital trustees has been appointed may	707
expand the number of trusteesmembers to eight or to ten. Such	708
additional trustees shall be electors of the area served by the	709
hospital. When the number of trusteesmembers is increased to	710
eight, one shall be appointed for a three-year and one for a	711
six-year term from the first Monday of March thereafter. When the	712
number of trusteesmembers is increased from six to ten, the term	713
for additional members shall be: one for one year, one for three	714
years, one for four years, and one for six years from the first	715
Monday of March thereafter. When the number of trusteesmembers is	716
increased from eight to ten, the term for additional members shall	717
be: one for one year and one for four years from the first Monday	718
of March thereafter. Thereafter except as provided in division	719
(D)(G)(2) of this section, upon the expiration of the term of	720
office of each trusteemember, the trustee's successorvacancy	721
shall be appointed for a term of six yearsfilled in the manner	722
specified in division (F) of this section.	723

(2) The board of county commissioners together with the	724
probate judge senior in point of service and the judge of the	725
court of common pleas senior in point of service may reduce the	726
number of members of a board of county hospital trustees to eight	727
or to six. The reduction shall occur on expiration of a trustee's	728
member's term of office, at which time no appointment shall be	729
made. While the board of county commissioners and the judges are	730
in the process of reducing the number of trusteesmembers, the	731
board of county hospital trustees may consist of nine or seven	732
trusteesmembers for one year.	733

(E) In no case shall more than one-half of the members of a	734
board of county hospital trustees be independents or be members of	735
any one political party. Notwithstanding any other provision of	736
this section, no more than two members of the board shall be	737
electors of the area served by the hospital that is outside the	738
county in which the hospital is located. The	739

(H) Any member of a board of county hospital trustees may be	740
removed from office by the appointing authority for neglect of	741
duty, misconduct, or malfeasance in office. The member shall be	742
informed in writing of the charges and afforded an opportunity for	743
a hearing before the appointing authority. The appointing	744
authority shall not remove a member from office for political	745
reasons.	746

(I) The members of a board of county hospital trustees shall	747
serve without compensation, but shall be allowed their necessary	748
and reasonable expenses incurred in the performance of their	749
duties, including the cost of their participation in any	750
continuing education programs or developmental programs that the	751
members consider necessary. Allowable expenses shall be paid out	752
of the funds provided for the county hospital.	753

(J) The persons so selected to be members of a board of	754
county hospital trustees shall forthwith be notified, by mail, of	755
their appointment. TheWhen a board is initially appointed, the	756
notice shall state a time, not more than ten days later, when such	757
board shall meet at the county seat of such county to organize. On	758

On the date stated, the board shall meet and organize.

759

(K) A board of county hospital trustees shall organize by	760
electing one of its number as chairperson and such other officers	761
as specified in the board's rules. Four members of a six-member	762
board constitute a quorum, five members constitute a quorum of an	763
eight-member board, and six members constitute a quorum of a	764
ten-member board.	765

(F) The board of county commissioners, together with the	766
probate judge senior in point of service and the judge of the	767
court of common pleas senior in point of service, shall fill all	768
vacancies that occur in such board of county hospital trustees	769
which result from death, resignation, or removal from office by	770
appointment of electors from the area served by the hospital to	771
fill the unexpired terms. Any trustee appointed under this section	772
may be removed from office by the appointing authority for cause	773
impairing faithful, efficient, and intelligent administration, or	774
for conduct unbecoming to such office, after an opportunity is	775
given to be heard before the appointing authority upon written	776
charges initiated by the appointing authority or board of	777
trustees, but no removal shall be made for political reasons.	778

(G) SuchA board of county hospital trustees shall hold	779
meetings at least once a month, shall adopt necessary rules of	780
procedure, and shall keep a record of its proceedings and a strict	781
account of all its receipts, disbursements, and expenditures; and	782
upon. On completion of the construction and equipping of a county	783
hospital such, the board shall file such account with the board of	784
county commissioners and make final settlement with suchthe board	785
of county commissioners for the construction and equipping of the	786
hospital.	787

Sec. 339.03. (A) The board of county hospital trustees shall	788
havehas complete charge of the selection and purchase or lease of	789
a site or sites for a county hospital, taking title or leasehold	790
interest to such site or sites in the name of the county, the	791
selection of plans and specifications, and the determination and	792
erection of all necessary buildings on such site or sites, and.	793
The board has complete charge of the selection and installation	794
purchase or lease of all other property that is necessary and	795
proper for the hospital, including such property as furniture,	796
fixtures, and equipment, and vehicles. The board has complete	797
charge of the installation of all furniture, fixtures, equipment,	798
and other hospital property that requires installation.	799

(B) The board of county hospital trustees may make capital	800
improvements, including the purchase of equipment, and. The board	801
may finance suchcapital improvements through hospital revenues or	802
other hospital funds. The	803

(C) The board may issue revenue obligations, pursuant to	804
section 140.06 or 339.15 of the Revised Code, or. The board may	805
issue revenue bonds pursuant to section 133.08 of the Revised	806
Code.	807

A(D) The board of county hospital trustees may construct an	808
addition to the county hospital, acquire an existing structure for	809
the purpose of leasing office space to local physicians, or lease	810
real property to any person to construct facilities for providing	811
medical services other than inpatient hospital services if the	812
board of county hospital trustees determines that such purpose is	813
reasonably related to the proper operation of the county hospital.	814

The trustees shall serve without compensation, but shall be	815
allowed their necessary and reasonable expenses incurred in the	816
performance of their duties, including the cost of their	817
participation in such continuing education programs or	818
developmental programs as the trustees consider necessary. Such	819
expenses shall be paid out of the funds provided for such	820
hospital.	821

(E) The board of county hospital trustees may retain counsel	822
and institute legal action in its own name for the collection of	823
delinquent accounts. The board may also employ any other lawful	824
means for the collection of delinquent accounts.	825

Sec. 339.06.  (A) The board of county hospital trustees, upon	826
completion of construction or leasing and equipping of a county	827
hospital, shall assume and continue the operation of the hospital.	828
The	829

(B) The board of county hospital trustees shall have the	830
entire management and control of the county hospital, and. The	831
board shall establish such rules for itsthe hospital's government	832
and the admission of persons as are expedient.	833

(C) The board of county hospital trustees has control of the	834
property of the county hospital, including. The board's control of	835
property includes the management and disposal of surplus property	836
other than real estate or an interest in real estate, and.	837

(D) With respect to the use of funds by the board of county	838
hospital trustees and its accounting for the use of funds, all of	839
the following apply:	840

(1) The board of county hospital trustees has control of all	841
funds used in the county hospital's operation, including moneys	842
received from the operation of the hospital, moneys appropriated	843
for its operation by the board of county commissioners, and moneys	844
resulting from special levies submitted by the board of county	845
commissioners as provided for in section 5705.22 of the Revised	846
Code. All	847

(2) Of the funds used in the county hospital's operation, all	848
or part of the moneysany amount determined not to be necessary to	849
meet current demands on the hospital may be invested by the board	850
of county hospital trustees or its designee in any classifications	851
of securities and obligations eligible for deposit or investment	852
of county moneys pursuant to section 135.35 of the Revised Code,	853
subject to the approval of the board's written investment policy	854
by the county investment advisory committee established pursuant	855
to section 135.341 of the Revised Code.	856

(B)(3) Annually by the first day of November, not later than	857
sixty days before the end of the fiscal year used by the county	858
hospital, the board of county hospital trustees shall submit its	859
proposed budget for the ensuing fiscal year to the board of county	860
commissioners for approval, and thethat board's review. The board	861
of county commissioners shall review and approve athe proposed	862
budget for the county hospital by the first day of Decemberthe	863
fiscal year to which the budget applies. If the board of county	864
commissioners has not approved the budget by the first day of the	865
fiscal year to which the budget applies, the proposed budget is	866
deemed to have been approved by the board on the first day of that	867
fiscal year.	868

(4) The board of county hospital trustees shall not expend	869
funds received from taxes collected pursuant to any tax levied	870
under section 5705.22 of the Revised Code or the amount	871
appropriated to the county hospital by the board of county	872
commissioners in the annual appropriation measure for the county	873
for the ensuing fiscal year differ from the amount shown in the	874
approved budget, the board of county commissioners may require the	875
board of county hospital trustees to revise the hospital budget	876
accordingly. The board of trustees shall not expend such funds	877
until its budget for that calendarthe applicable fiscal year is	878
submitted to and approved by the board of county commissionersin	879
accordance with division (C)(3) of this section. Thereafter such	880
funds	881

(5) Funds under the control of the board of county hospital	882
trustees may be disbursed by the board of county hospital	883
trustees, consistent with the approved budget, for the uses and	884
purposes of suchthe county hospital; for the replacement of	885
necessary equipment; for the acquisition, leasing, or construction	886
of permanent improvements to county hospital property; or for	887
making a donation authorized by division (C)(E) of this section.	888
Each disbursement of funds shall be made on a voucher signed by	889
signatories designated and approved by the board of county	890
hospital trustees.	891

(6) The head of a board of county hospital trustees is not	892
required to file an estimate of contemplated revenue and	893
expenditures for the ensuing fiscal year under section 5705.28 of	894
the Revised Code unless the board of county commissioners levies a	895
tax for the county hospital, or such a tax is proposed, or the	896
board of county hospital trustees desires that the board of county	897
commissioners make an appropriation to the county hospital for the	898
ensuing fiscal year.	899

(7) All moneys appropriated by the board of county	900
commissioners or from special levies by the board of county	901
commissioners for the operation of the hospital, when collected	902
shall be paid to the board of county hospital trustees on a	903
warrant of the county auditor and approved by the board of county	904
commissioners. The	905

(8) The board of county hospital trustees shall provide for	906
the conduct of an annual financial audit of the county hospital.	907
Not later than thirty days after it receives the final report of	908
an annual financial audit, the board shall file an annuala copy	909
of the report of revenues and expenditures for the fiscal year	910
with the board of county commissioners within ninety days after	911
the fiscal year's end.	912

(C)(E) For the public purpose of improving the health,	913
safety, and general welfare of the community, the board of county	914
hospital trustees may donate to a nonprofit entity any of the	915
following:	916

(1) Moneys and other financial assets determined not to be	917
necessary to meet current demands on the hospital;	918

(2) Surplus hospital property, including supplies, equipment,	919
office facilities, and any other hospital property that is not	920
real estate or an interest in real estate;	921

(3) Services rendered by the hospital.

922

(D)(F)(1) For purposes of this division (F)(2) of this	923
section:	924

(a) "Bank" has the same meaning as in section 1101.01 of the	925
Revised Code.	926

(b) "Savings and loan association" has the same meaning as in	927
section 1151.01 of the Revised Code.	928

(c) "Savings bank" has the same meaning as in section 1161.01	929
of the Revised Code.	930

(2) The board of county hospital trustees may enter into a	931
contract for a secured line of credit with a bank, savings and	932
loan association, or savings bank if the contract meets all of the	933
following requirements:	934

(a) The term of the contract does not exceed one year, except	935
that the contract may provide for the automatic renewal of the	936
contract for up to four additional one-year periods if, on the	937
date of automatic renewal, the aggregate outstanding draws	938
remaining unpaid under the secured line of credit do not exceed	939
fifty per cent of the maximum amount that can be drawn under the	940
secured line of credit.	941

(b) The contract provides that the bank, savings and loan	942
association, or savings bank shall not commence a civil action	943
against the board of county commissioners, any member of the	944
board, or the county to recover the principal, interest, or any	945
charges or other amounts that remain outstanding on the secured	946
line of credit at the time of any default by the board of county	947
hospital trustees.	948

(c) The contract provides that no assets other than those of	949
the county hospital can be used to secure the line of credit.	950

(d) The terms and conditions of the contract comply with all	951
state and federal statutes and rules governing the extension of a	952
secured line of credit.	953

(3) Any obligation incurred by a board of county hospital	954
trustees under this division (F)(2) of this section is an	955
obligation of that board only and not a general obligation of the	956
board of county commissioners or the county within the meaning of	957
division (Q) of section 133.01 of the Revised Code.	958

(4) Notwithstanding anything to the contrary in the Revised	959
Code, the board of county hospital trustees may secure the line of	960
credit authorized under division (F)(2) of this section by the	961
grant of a security interest in any part or all of its tangible	962
personal property and intangible personal property, including its	963
deposit accounts, accounts receivable, or both.	964

(5) No board of county hospital trustees shall at any time	965
have more than one secured line of credit under division (F)(2) of	966
this section.	967

(E)(G) The board of county hospital trustees shall establish	968
a schedule of charges for all services and treatment rendered by	969
the county hospital. It may provide for the free treatment in such	970
the hospital of soldiers, sailors, and marines of the county,	971
under such conditions and rules as it prescribes.	972

(F)(H) The board of county hospital trustees may designate	973
the amounts and forms of insurance protection to be provided, and	974
the board of county commissioners shall assist in obtaining such	975
protection. The expense of providing the protection shall be paid	976
from hospital operating funds.	977

(G)(I) The board of county hospital trustees may authorize a	978
county hospital and each of its units, hospital board members,	979
designated hospital employees, and medical staff members to be a	980
member of and maintain membership in any local, state, or national	981
group or association organized and operated for the promotion of	982
the public health and welfare or advancement of the efficiency of	983
hospital administration and in connection therewith to use tax	984
funds for the payment of dues and fees and related expenses but	985
nothing in this section prohibits the board from using receipts	986
from hospital operation, other than tax funds, for the payment of	987
such dues and fees.	988

(H)(J) The following apply to the board of county hospital	989
trustees,in relation to its employees, and the employees of the	990
county hospital:	991

(1) The board shall adopt the wage and salary schedule for	992
employees.	993

(2) The board may employ the hospital's administrator	994
pursuant to section 339.07 of the Revised Code, and the	995
administrator may employ individuals for the hospital in	996
accordance with that section.	997

(3) The board may employ assistants as necessary to perform	998
its clerical work, superintend properly the construction of the	999
county hospital, and pay the hospital's expenses. Such employees	1000
may be paid from funds provided for the county hospital.	1001

(4) The board may hire, by contract or as salaried employees,	1002
such management consultants, accountants, attorneys, engineers,	1003
architects, construction managers, and other professional advisors	1004
as it determines are necessary and desirable to assist in the	1005
management of the programs and operation of the county hospital.	1006
Such professional advisors may be paid from county hospital	1007
operating funds.	1008

(5) The board may enter into a contract with an employer or	1009
other entity whereby the services of any employee of the board or	1010
county hospital or rendered to or on behalf of the employer or	1011
other entity for a fee paid to the board or county hospital.	1012

(6) Notwithstanding section 325.19 of the Revised Code, the	1013
board of county hospital trustees may grant to employees any	1014
fringe benefits the board determines to be customary and usual in	1015
the nonprofit hospital field in its community, including, but not	1016
limited to:	1017

(a) Additional vacation leave with full pay for full-time	1018
employees, including full-time hourly rate employees, after	1019
service of one year;	1020

(b) Vacation leave and holiday pay for part-time employees on	1021
a pro rata basis;	1022

(c) Leave with full pay due to death in the employee's	1023
immediate family, which shall not be deducted from the employee's	1024
accumulated sick leave;	1025

(d) Premium pay for working on holidays listed in section	1026
325.19 of the Revised Code;	1027

(e) Moving expenses for new employees;

1028

(f) Discounts on hospital supplies and services.

1029

(6)(7) The board may provide holiday leave by observing	1030
Martin Luther King day, Washington-Lincoln day, Columbus day, and	1031
Veterans' day on days other than those specified in section 1.14	1032
of the Revised Code.	1033

(7)(8) The board may grant to employees the insurance	1034
benefits authorized by section 339.16 of the Revised Code.	1035

(8)(9) Notwithstanding section 325.19 of the Revised Code,	1036
the board may grant to employees, including hourly rate employees,	1037
such personal holidays as the board determines to be customary and	1038
usual in the hospital field in its community.	1039

(9)(10) The board of county hospital trustees may provide	1040
employee recognition awards and hold employee recognition dinners.	1041

(10)(11) The board may grant to employees the recruitment and	1042
retention benefits specified under division (I)(K) of this	1043
section.	1044

(I)(K) Notwithstanding sections 325.191 and 325.20 of the	1045
Revised Code, the board of county hospital trustees may provide,	1046
without the prior authorization of the board of county	1047
commissioners, scholarships for education in the health care	1048
professions, tuition reimbursement, and other staff development	1049
programs to enhance the skills of health care professionals for	1050
the purpose of recruiting or retaining qualified employees.	1051

The board of county hospital trustees may pay reasonable	1052
expenses for recruiting or retaining physicians and other	1053
appropriate health care practitioners.	1054

Sec. 339.09.  When the county hospital has been fully	1055
completed and sufficiently equipped for occupancy, in lieu of	1056
sections 339.06 to 339.08 of the Revised Code, the board of county	1057
commissioners of any county, on adoption of a resolution under	1058
section 339.091 of the Revised Code and approval by the vote of a	1059
majority of the electors pursuant to section 339.092 of the	1060
Revised Code, may, upon such terms as are agreed upon between the	1061
board and a constituted and empowered nonsectarian Ohio	1062
corporation, organized for charitable purposes and not for profit,	1063
a majority of whose members reside in the county, lease for use as	1064
a hospital or hospital facilities, the lands, the buildings, and	1065
equipment of any hospital owned by said county. Such lease may be	1066
from year to year or may provide for a term of not more than	1067
thirty years and may provide that such board has the option to	1068
renew such lease at the expiration thereof for a further term of	1069
not more than thirty years upon such terms as are provided for in	1070
such lease. In the event that said nonprofit corporation fails to	1071
faithfully and efficiently administer, maintain, and operate such	1072
hospital as a public hospital, admitting patients without regard	1073
to race, creed, or color, then, after an opportunity is given to	1074
be heard upon written charges, said agreement shall terminate and	1075
the control and management of said hospital, together with all	1076
additions, improvements, and equipment, shall revert to and become	1077
the property of the county to be operated as provided by law.	1078

Sec. 339.091. (A) Before the board of county commissioners,	1079
board of county hospital trustees, or county hospital commission	1080
may enter into an initial agreement for the acquisition,	1081
operation, or lease under section 140.03, 140.05, 339.09, or	1082
339.14 of the Revised Code of a county hospital operated by a	1083
board of county hospital trustees under section 339.06 of the	1084
Revised Code, the board of county commissioners shall review the	1085
agreement. If it finds that the agreement will meet the needs of	1086
the residents of the county for hospital service, theThe board of	1087
county commissioners may adopt a resolution authorizing the board	1088
of county commissioners, board of county hospital trustees, or	1089
county hospital commission to enter into the agreement; however,	1090
authorization to enter into the agreement shall become effective	1091
only if approved by the electors of the county pursuant to section	1092
339.092 of the Revised Code. Thisexcept that the resolution shall	1093
not be adopted until all of the following occur:	1094

(1) The board of county hospital trustees of the county	1095
hospital to be acquired, operated, or leased adopts a resolution	1096
in favor of the agreement.	1097

(2) The board of county commissioners finds that the	1098
agreement reflects the intent of the board of county hospital	1099
trustees in its adoption of the resolution in favor of the	1100
agreement.	1101

(3) The board of county commissioners finds that the	1102
agreement will meet the needs of the residents of the county for	1103
hospital service.	1104

(B) Division (A) of this section and section 339.092 of the	1105
Revised Code dodoes not apply to an agreement if one or more	1106
hospitals classified as general hospitals by the public health	1107
council under section 3701.07 of the Revised Code are operating in	1108
the same county as the county hospital.	1109

Sec. 339.14.  (A) Upon application to the board of county	1110
commissioners by an Ohio corporation or corporations, organized	1111
for charitable hospital purposes and not for profit, in this	1112
section called participating hospital corporations, the board of	1113
county commissioners may, after a determination that the	1114
preservation of the public health requires additional hospital	1115
facilities in the county, appoint a hospital commission of not	1116
less than three members, in this section called the county	1117
hospital commission. Not less than three members of such	1118
commission shall be appointed to represent the public, and there	1119
shall be appointed to the commission one additional member for	1120
each participating hospital corporation, and there may be	1121
appointed to the commission one additional member for each	1122
nonparticipating charitable hospital corporation in the county and	1123
one or more members for any joint township hospital district	1124
participating under an agreement pursuant to section 513.081 of	1125
the Revised Code. All members representing the county and hospital	1126
corporations shall be electors of the county. All members shall	1127
serve without compensation. Of the first three public members	1128
appointed to the commission one shall be appointed for a term of	1129
two years, one for a term of four years, and one for a term of six	1130
years. Thereafter, such public members shall be appointed for a	1131
term of six years as shall be any additional public members.	1132
Members representing participating and nonparticipating hospital	1133
corporations shall be appointed for a term of six years. Vacancies	1134
shall be filled by appointment by the board of county	1135
commissioners for the unexpired term.	1136

(B) The county hospital commission after consultation with	1137
participating hospital corporations and agreement as to their	1138
respective needs and the needs of the public of the county for	1139
hospital service may, with the consent of the board of county	1140
commissioners, accept conveyances of real estate and interests in	1141
real estate, situated within the county, from any person and may,	1142
on adoption of a resolution by the board of county commissioners	1143
pursuant to section 339.091 of the Revised Code and approval by	1144
the electors pursuant to section 339.092 of the Revised Code,	1145
enter into an agreement before or after such conveyance with such	1146
person or with one or more Ohio corporations organized for	1147
charitable hospital purposes or nonprofit corporation organized to	1148
provide services to corporations organized for charitable hospital	1149
purposes, to lease to such corporation or corporations upon such	1150
terms as may be agreed upon such real estate together with	1151
improvements thereof and buildings thereafter constructed thereon	1152
and furniture, fixtures, and equipment therein for use as a	1153
general hospital or a hospital facility, the lease shall be for a	1154
period not to exceed fifty years, renewable for a like term and	1155
may contain provisions for the sale of such property to the lessee	1156
upon the unanimous consent of the board of county commissioners	1157
for a purchase price representing not less than the actual cost to	1158
the county, less depreciation, computed at the rate customarily	1159
applied to similar structures; or such general hospital or	1160
hospital facilities may be leased pursuant to and upon terms as	1161
provided pursuant to section 140.05 of the Revised Code, or the	1162
commission may enter into agreements with respect thereto as	1163
provided in section 140.03 of the Revised Code, notwithstanding	1164
other provisions of this section.	1165

(C) If the land conveyed under division (B) of this section	1166
is adjacent to an existing hospital, the county hospital	1167
commission may, at the time of the acceptance of the conveyance or	1168
the leasing of the proposed hospital facilities, enter into an	1169
agreement with the owner of such existing hospital for the use of	1170
common walls in the construction of the county hospital, or	1171
hospital facilities or rights and interests may be acquired as	1172
provided in division (F) of section 140.05 of the Revised Code.	1173

(D) The county hospital commission may take all steps	1174
necessary for the acquisition or construction, equipment,	1175
enlarging, rebuilding, or other improvement, of hospital	1176
facilities and may request the board of county commissioners to	1177
submit to the electors of the county, in the manner provided in	1178
Chapter 133. of the Revised Code, a bond issue to cover the costs	1179
of hospital facilities, as defined in section 140.01 of the	1180
Revised Code.	1181

(E) If a bond issue provided for above is approved by the	1182
vote of a majority of the electors voting on the issue, the board	1183
of elections for such county shall certify the results of such	1184
election as provided in section 133.18 of the Revised Code, and	1185
the board of county commissioners shall proceed with the	1186
authorization and issuance of the bonds or notes in anticipation	1187
thereof, in the manner provided in Chapter 133. of the Revised	1188
Code for the issuance of bonds and notes by boards of county	1189
commissioners.	1190

(F) The county hospital commission shall take title in the	1191
name of the county to any land conveyed pursuant to this section,	1192
and shall have final approval of all plans and specifications for	1193
the erection and equipping of the hospital facilities contemplated	1194
in this section. The commission may employ architects and such	1195
other assistants as may be required in the construction, including	1196
supervision, and pay the expenses thereof out of the funds	1197
provided for such hospital facilities.	1198

(G) All funds arising from a bond issue pursuant to this	1199
section shall be placed in the county treasury to the credit of a	1200
fund to be known as the "county hospital facility fund." Such fund	1201
shall be paid out on the order of the county hospital commission,	1202
certified by the chairmanchairperson or vice chairman	1203
vice-chairperson and secretary or assistant secretary of the	1204
commission.	1205

(H) Before making a contract for the expenditure of money on	1206
any structure in excess of one thousand dollars, the county	1207
hospital commission shall advertise for bids in accordance with	1208
section 307.87 of the Revised Code and shall cause plans,	1209
specifications, and detailed drawings to be distributed among the	1210
bidders.	1211

(I) The county hospital commission has continuing	1212
jurisdiction of the hospital facilities constructed under this	1213
section provided that the lessee corporation shall be solely	1214
responsible for the administration, maintenance, and operation of	1215
the leased facilities including the selection of personnel. In the	1216
event the lessee corporation fails to administer, maintain, and	1217
operate the leased hospital facilities as a public general	1218
hospital or hospital facility, in accordance with the terms of the	1219
agreement, admitting patients without regard to race, creed, or	1220
color, then, after an opportunity is given by the county hospital	1221
commission to be heard on written charges, the lease shall be	1222
terminated by the county hospital commission, with the consent of	1223
the board of county commissioners, and the control and management	1224
of the hospital facilities together with all additions and	1225
equipment shall revert to the county to be operated as provided by	1226
law.	1227

(J) The hospital facilities, including furniture, fixtures,	1228
and equipment therein, constructed under this section are exempt	1229
from taxation.	1230

(K) Upon request of the county hospital commission, the board	1231
of county commissioners may issue unvoted bonds or notes in	1232
anticipation thereof in the manner provided in Chapter 133. of the	1233
Revised Code to pay costs of hospital facilities as defined in	1234
section 140.01 of the Revised Code. The bonds and notes authorized	1235
by this division shall be issuable only after there has been	1236
entered into a lease, pursuant to this section or section 140.05	1237
of the Revised Code, of the hospital facilities to be financed	1238
thereby providing for rental payments which, together with rentals	1239
payable under any prior lease available therefor, shall be at	1240
least sufficient, as to amounts and times of payment, to provide	1241
funds necessary to cover interest charges on all bonds authorized	1242
under this division and to provide a sufficient amount for	1243
retirement or sinking fund to retire such bonds as they become	1244
due. Such bonds and notes shall not be considered in ascertaining	1245
the limitations on net indebtedness of section 133.07 of the	1246
Revised Code. No amendment of such lease shall have the effect of	1247
reducing the rental payments below the amount required to meet	1248
such interest and bond retirement requirements.	1249

Sec. 339.16. (A) A board of trustees of any county hospital	1250
may contract for, purchase, or otherwise procure on behalf of any	1251
or all of its employees, the employees of the hospital, or such	1252
employees and their immediate dependents the following types of	1253
fringe benefits:	1254

(A)(1) Group or individual insurance contracts which may	1255
include life, sickness, accident, disability, annuities,	1256
endowment, health, medical expense, hospital, dental, surgical and	1257
related coverage or any combination thereof;	1258

(B)(2) Group or individual contracts with health insuring	1259
corporations or other providers of professional services, care, or	1260
benefits duly authorized to do business in this state.	1261

(B) A board of trustees of any county hospital may contract	1262
for, purchase, or otherwise procure insurance contracts which	1263
provide protection for the trustees, the board's employees, and	1264
the employees of the hospital against liability, including	1265
professional liability, provided that this section or any	1266
insurance contract issued pursuant to this section shall not be	1267
construed as a waiver of or in any manner affect the immunity of	1268
the hospital or county.	1269

(C) All or any portion of the cost, premium, fees, or charges	1270
thereforfor the insurance benefits specified in divisions (A) and	1271
(B) of this section may be paid in such manner or combination of	1272
manners as the board of trustees may determine, including direct	1273
payment by thean employee, and, if authorized in writing by the	1274
an employee, by the board of trustees with moneys made available	1275
by deduction from or reduction in salary or wages or by the	1276
foregoing of a salary or wage increase.	1277

Notwithstanding sections 3917.01 and 3917.06 of the Revised	1278
Code, the board of trustees may purchase group life insurance	1279
authorized by this section by reason of payment of premiums	1280
therefor by the board of trustees from its funds, and such group	1281
life insurance may be issued and purchased if otherwise consistent	1282
with sections 3917.01 to 3917.06 of the Revised Code.	1283

Sec. 339.17.  (A) Sections 140.03 and 140.05 of the Revised	1284
Code are alternatives to sections 339.02 to 339.13 of the Revised	1285
Code. Sections 339.02 to 339.14 of the Revised Code are not	1286
applicable with respect to hospital facilities and services	1287
provided for under leases or agreements entered into pursuant to	1288
section 140.03 or 140.05 of the Revised Code, except to the extent	1289
made applicable by section 140.03 or 140.05 of the Revised Code	1290
and the leases and agreements made thereunder.	1291

(B) Notwithstanding division (A) of this section, the	1292
requirements of sectionssection 339.091 and 339.092 of the	1293
Revised Code apply to an initial agreement with a board of county	1294
commissioners, board of county hospital trustees, or county	1295
hospital commission for the acquisition, operation, or lease of a	1296
county hospital operated by a board of county hospital trustees	1297
under section 339.06 of the Revised Code, entered into pursuant to	1298
section 140.03 or 140.05 of the Revised Code, but not to any	1299
amendment or renewal of such agreement.	1300

Section 2. That existing sections 133.07, 140.03, 140.05,	1301
325.19, 339.01, 339.02, 339.03, 339.06, 339.09, 339.091, 339.14,	1302
339.16, and 339.17 and section 339.092 of the Revised Code are	1303
hereby repealed.	1304