|
|
To amend sections 311.06, 313.07, 317.321, 505.87, | 1 |
and 1711.15 and to enact sections 5.033 and 5.034 | 2 |
of the Revised Code, to amend Section 701.05 of | 3 |
Am. Sub. H.B. 1 of the 128th General Assembly, and | 4 |
to amend Section 701.20 of Am. Sub. H.B. 562 of | 5 |
the 127th General Assembly, as subsequently | 6 |
amended, to revise the notice required to be | 7 |
provided by a board of township trustees to a | 8 |
landowner and any lienholder for a subsequent | 9 |
nuisance determination made within 12 months after | 10 |
a nuisance determination was made regarding the | 11 |
same property, to authorize maintenance of a | 12 |
sheriff's or coroner's office outside the county | 13 |
seat of justice, to increase the maximum portion | 14 |
of recording fees that may be earmarked for county | 15 |
recorders' equipment funds, to authorize a board | 16 |
of county commissioners that provides financial | 17 |
assistance to a county agricultural society to | 18 |
provide such assistance from the county's | 19 |
permanent improvement fund, to authorize a | 20 |
single-county solid waste management district to | 21 |
make a loan to a port authority in the same county | 22 |
for use by the authority to assist facilities that | 23 |
provide general health services in that county, to | 24 |
adopt the spotted salamander as the state | 25 |
amphibian and the bullfrog as the state frog, to | 26 |
change the report deadline of the Ohio Legislative | 27 |
Commission on the Education and Preservation of | 28 |
State History from July 1, 2010, to September 1, | 29 |
2010, and to declare an emergency. | 30 |
Section 1. That sections 311.06, 313.07, 317.321, 505.87, and | 31 |
1711.15 be amended and sections 5.033 and 5.034 of the Revised | 32 |
Code be enacted to read as follows: | 33 |
Sec. 5.033. The salamander, Ambystoma maculatum, commonly | 34 |
known as the spotted salamander, is the official amphibian of the | 35 |
state. | 36 |
Sec. 5.034. The frog, Rana catesbeiana, commonly known as the | 37 |
bullfrog, is the official frog of the state. | 38 |
Sec. 311.06. (A) The sheriff's office shall be maintained at | 39 |
the county seat of justice, or at another location as provided in | 40 |
division (B) of this section, in such rooms as the board of county | 41 |
commissioners provides for that purpose. Such office shall be | 42 |
furnished with all necessary furniture, blankbooks, stationery, | 43 |
and blanks at the expense of the county. | 44 |
(B) With the consent of the sheriff, the board of county | 45 |
commissioners may provide by resolution for establishment of the | 46 |
primary office of the sheriff at a location outside the county | 47 |
seat of justice. The adoption of the resolution and the location | 48 |
of the sheriff's primary office shall be entered on the journal of | 49 |
the board. The board shall give reasonable public notice of its | 50 |
action taken pursuant to this division in accordance with division | 51 |
(F) of section 121.22 of the Revised Code. | 52 |
Sec. 313.07. (A) There may be established in the county seat | 53 |
of justice, or at another location as provided in division (B) of | 54 |
this section, suitable quarters, laboratories, and equipment | 55 |
necessary for the proper performance of the duties of the coroner. | 56 |
Such quarters shall be known as the coroner's office, laboratory, | 57 |
and county morgue. | 58 |
(B) With the consent of the coroner, the board of county | 59 |
commissioners may provide by resolution for establishment of the | 60 |
primary quarters, laboratory, and equipment of the coroner at a | 61 |
location outside the county seat of justice. The adoption of the | 62 |
resolution and the location of the coroner's primary quarters, | 63 |
laboratory, and equipment shall be entered on the journal of the | 64 |
board. The board shall give reasonable public notice of its action | 65 |
taken pursuant to this division in accordance with division (F) of | 66 |
section 121.22 of the Revised Code. | 67 |
Sec. 317.321. (A) Not later than the first day of October of | 68 |
any year, the county recorder may submit to the board of county | 69 |
commissioners a proposal for the acquisition or maintenance of | 70 |
micrographic or other equipment or for contract services. The | 71 |
proposal shall be in writing and shall include at least the | 72 |
following: | 73 |
(1) A request that an amount not to exceed | 74 |
of the fee collected for filing or recording a document for which | 75 |
a fee is charged as required by division (A) of section 317.32 of | 76 |
the Revised Code or by section 1309.525 or 5310.15 of the Revised | 77 |
Code be placed in the county treasury and designated as "general | 78 |
fund moneys to supplement the equipment needs of the county | 79 |
recorder"; | 80 |
(2) The number of years, not to exceed five, for which the | 81 |
county recorder requests that the amount requested under division | 82 |
(A)(1) of this section be given the designation specified in that | 83 |
division; | 84 |
(3) An estimate of the total amount of fees that will be | 85 |
generated for filing or recording a document for which a fee is | 86 |
charged as required by division (A) of section 317.32 of the | 87 |
Revised Code or by section 1309.525 or 5310.15 of the Revised | 88 |
Code; | 89 |
(4) An estimate of the total amount of fees for filing or | 90 |
recording a document for which a fee is charged as required by | 91 |
division (A) of section 317.32 of the Revised Code or by section | 92 |
1309.525 or 5310.15 of the Revised Code that will be designated as | 93 |
"general fund moneys to supplement the equipment needs of the | 94 |
county recorder" if the request submitted under division (A)(1) of | 95 |
this section is approved by the board of county commissioners. | 96 |
The proposal may include a description or summary of the | 97 |
micrographic or other equipment, or maintenance thereof, that the | 98 |
county recorder proposes to acquire, or the nature of contract | 99 |
services that the county recorder proposes to utilize. If the | 100 |
county recorder has no immediate plans for the acquisition of | 101 |
equipment or services, the proposal shall explain the general | 102 |
needs of the office for equipment and shall state that the intent | 103 |
of the proposal is to reserve funds for the office's future | 104 |
equipment needs. | 105 |
(B) The board of county commissioners shall receive the | 106 |
proposal and the clerk shall enter it on the journal. At the same | 107 |
time, the board shall establish a date, not sooner than fifteen | 108 |
nor later than thirty days after the board's receipt of the | 109 |
proposal, on which to meet with the recorder to review the | 110 |
proposal. | 111 |
(C) Not later than the fifteenth day of December of any year | 112 |
in which a proposal is submitted under division (A) of this | 113 |
section, the board of county commissioners shall approve, reject, | 114 |
or modify the proposal and notify the county recorder of its | 115 |
action on the proposal. If the board rejects or modifies the | 116 |
proposal, it shall make a written finding that the request is for | 117 |
a purpose other than for acquiring, leasing, or otherwise | 118 |
obtaining micrographic or other equipment or contracts for use by | 119 |
the county recorder or that the amount requested is excessive as | 120 |
determined by the board. If the board approves the proposal, it | 121 |
shall request the establishment of a special fund under section | 122 |
5705.12 of the Revised Code for any fees designated as "general | 123 |
fund moneys to supplement the equipment needs of the county | 124 |
recorder." | 125 |
(D) The acquisition or maintenance of micrographic or other | 126 |
equipment and the acquisition of contract services shall be | 127 |
specifically governed by sections 307.80 to 307.806, 307.84 to | 128 |
307.846, 307.86 to 307.92, and 5705.38, and by division (D) of | 129 |
section 5705.41 of the Revised Code. | 130 |
Sec. 505.87. (A) A board of township trustees may provide for | 131 |
the abatement, control, or removal of vegetation, garbage, refuse, | 132 |
and other debris from land in the township, if the board | 133 |
determines that the owner's maintenance of that vegetation, | 134 |
garbage, refuse, or other debris constitutes a nuisance. | 135 |
(B) At least seven days before providing for the abatement, | 136 |
control, or removal of any vegetation, garbage, refuse, or other | 137 |
debris, the board of township trustees shall notify the owner of | 138 |
the land and any holders of liens of record upon the land that: | 139 |
(1) The owner is ordered to abate, control, or remove the | 140 |
vegetation, garbage, refuse, or other debris, the owner's | 141 |
maintenance of which has been determined by the board to be a | 142 |
nuisance; | 143 |
(2) If that vegetation, garbage, refuse, or other debris is | 144 |
not abated, controlled, or removed, or if provision for its | 145 |
abatement, control, or removal is not made, within seven days, the | 146 |
board shall provide for the abatement, control, or removal, and | 147 |
any expenses incurred by the board in performing that task shall | 148 |
be entered upon the tax duplicate and become a lien upon the land | 149 |
from the date of entry. | 150 |
The board shall send the notice to the owner of the land by | 151 |
certified mail if the owner is a resident of the township or is a | 152 |
nonresident whose address is known, and by certified mail to | 153 |
lienholders of record; alternatively, if the owner is a resident | 154 |
of the township or is a nonresident whose address is known, the | 155 |
board may give notice to the owner by causing any of its agents or | 156 |
employees to post the notice on the principal structure on the | 157 |
land and to photograph that posted notice with a camera capable of | 158 |
recording the date of the photograph on it. If the owner's address | 159 |
is unknown and cannot reasonably be obtained, it is sufficient to | 160 |
publish the notice once in a newspaper of general circulation in | 161 |
the township.
| 162 |
(C) If a board of township trustees determines within twelve | 163 |
consecutive months after a prior nuisance determination that the | 164 |
same owner's maintenance of vegetation, garbage, refuse, or other | 165 |
debris on the same land in the township constitutes a nuisance, at | 166 |
least four days before providing for the abatement, control, or | 167 |
removal of any vegetation, garbage, refuse, or other debris, the | 168 |
board shall give notice of the subsequent nuisance determination | 169 |
to the owner of the land and to any holders of liens of record | 170 |
upon the land as follows: | 171 |
(1) The board shall send written notice by first class mail | 172 |
to the owner of the land and to any lienholders of record. Failure | 173 |
of delivery of the notice shall not invalidate any action to | 174 |
abate, control, or remove the nuisance. Alternatively, the board | 175 |
may give notice to the owner by causing any of its agents or | 176 |
employees to post the notice on the principal structure on the | 177 |
land and to photograph that posted notice with a camera capable of | 178 |
recording the date of the photograph on it. | 179 |
(2) If the owner's address is unknown and cannot reasonably | 180 |
be obtained, it is sufficient to post the notice on the board of | 181 |
township trustee's internet web site for four consecutive days, or | 182 |
to post the notice in a conspicuous location in the board's office | 183 |
for four consecutive days if the board does not maintain an | 184 |
internet web site. | 185 |
(D) The owner of the land or holders of liens of record upon | 186 |
the land may enter into an agreement with the board of township | 187 |
trustees providing for either party to the agreement to perform | 188 |
the abatement, control, or removal before the time the board is | 189 |
required to provide for the abatement, control, or removal under | 190 |
division | 191 |
| 192 |
division (B) of this section, or within four days after notice is | 193 |
given under division (C) of this section, the owner of the land | 194 |
fails to abate, control, or remove the vegetation, garbage, | 195 |
refuse, or other debris, or no agreement for its abatement, | 196 |
control, or removal is entered into under division
| 197 |
section, the board of township trustees shall provide for the | 198 |
abatement, control, or removal and may employ the necessary labor, | 199 |
materials, and equipment to perform the task. All expenses | 200 |
incurred, when approved by the board, shall be paid out of the | 201 |
township general fund from moneys not otherwise appropriated, | 202 |
except that if the expenses incurred exceed five hundred dollars, | 203 |
the board may borrow moneys from a financial institution to pay | 204 |
for the expenses in whole or in part. | 205 |
| 206 |
report to the county auditor of the board's action under this | 207 |
section. The board shall include in the report a proper | 208 |
description of the premises and a statement of all expenses | 209 |
incurred in providing for the abatement, control, or removal of | 210 |
any vegetation, garbage, refuse, or other debris as provided in | 211 |
division | 212 |
its services, the costs incurred in providing notice, any fees or | 213 |
interest paid to borrow moneys, and the amount paid for labor, | 214 |
materials, and equipment. The expenses incurred, when allowed, | 215 |
shall be entered upon the tax duplicate, are a lien upon the land | 216 |
from the date of the entry, shall be collected as other taxes, and | 217 |
shall be returned to the township and placed in the township | 218 |
general fund. | 219 |
Sec. 1711.15. In any county in which there is a duly | 220 |
organized county agricultural society, the board of county | 221 |
commissioners or the county agricultural society itself may | 222 |
purchase or lease, for a term of not less than twenty years, real | 223 |
estate on which to hold fairs under the management and control of | 224 |
the county agricultural society, and may erect suitable buildings | 225 |
on the real estate and otherwise improve it. | 226 |
In counties in which there is a county agricultural society | 227 |
that has purchased, or leased, for a term of not less than twenty | 228 |
years, real estate as a site on which to hold fairs or in which | 229 |
the title to the site is vested in fee in the county, the board of | 230 |
county commissioners may erect or repair buildings or otherwise | 231 |
improve the site and pay the rental of it, or contribute to or pay | 232 |
any other form of indebtedness of the society, if the director of | 233 |
agriculture has certified to the board that the county | 234 |
agricultural society is complying with all laws and rules | 235 |
governing the operation of county agricultural societies. The | 236 |
board may appropriate from the county's general fund or permanent | 237 |
improvement fund any amount that it considers necessary for any of | 238 |
those purposes. | 239 |
Section 2. That existing sections 311.06, 313.07, 317.321, | 240 |
505.87, and 1711.15 of the Revised Code are hereby repealed. | 241 |
Section 3. Notwithstanding division (G) of section 8 3734.57 | 242 |
of the Revised Code, beginning on the effective date of 9 this | 243 |
section and ending ninety days after the effective date of 10 this | 244 |
section, the board of county commissioners of a solid waste 11 | 245 |
management district established under Chapter 3734. of the 12 | 246 |
Revised Code that consists of a single county may enter into an 13 | 247 |
agreement with a port authority, as defined in section 4582.01 14 | 248 |
of the Revised Code, that is in existence on the effective date 15 | 249 |
of this section to loan money to the port authority if both of 16 | 250 |
the following apply: | 251 |
(A) The balance of the district's fund that is required to 18 | 252 |
be created under division (G) of section 3734.57 of the Revised 19 | 253 |
Code is greater than one million dollars on the date on which 20 | 254 |
the loan is made. | 255 |
(B) The port authority to which the loan will be made is 22 | 256 |
located in the same county as the solid waste management 23 | 257 |
district. | 258 |
The amount of a loan that is made under this section shall 25 | 259 |
not exceed seventy-five per cent of the balance of the 26 | 260 |
district's fund as the balance exists on the date on which the 27 | 261 |
loan is made. The port authority shall repay the loan not later 28 | 262 |
than one hundred eighty days after the date on which the loan is | 263 |
29 made. The port authority shall use money from the loan to 30 | 264 |
assist facilities that provide general health services and that 31 | 265 |
are located in the same county as the port authority. | 266 |
Section 4. That Section 701.05 of Am. Sub. H.B. 1 of the | 267 |
128th General Assembly be amended to read as follows: | 268 |
Sec. 701.05. (A) There is hereby created the Ohio Legislative | 269 |
Commission on the Education and Preservation of State History | 270 |
consisting of the following members: | 271 |
(1) Three members of the Senate appointed by the President of | 272 |
the Senate, one of whom shall be from the minority party and be | 273 |
recommended by the Minority Leader of the Senate; | 274 |
(2) Three members of the House of Representatives appointed | 275 |
by the Speaker of the House of Representatives, one of whom shall | 276 |
be from the minority party and be recommended by the Minority | 277 |
Leader of the House of Representatives; | 278 |
(3) Three members appointed by the Governor who shall have | 279 |
specific knowledge regarding museum or archive management. | 280 |
The Commission may appoint nonvoting members to the | 281 |
Commission who represent state agencies, educational institutions, | 282 |
or private organizations and who have expertise in museum or | 283 |
archive management. | 284 |
(B)(1) Appointments shall be made to the Commission not later | 285 |
than thirty days after the effective date of this section. A | 286 |
member of the Senate appointed by and so designated by the | 287 |
President of the Senate shall be the chairperson of the | 288 |
Commission. A member of the House of Representatives appointed by | 289 |
and so designated by the Speaker of the House of Representatives | 290 |
shall be the vice-chairperson of the Commission. The Commission | 291 |
shall meet as often as necessary to carry out its duties and | 292 |
responsibilities. Members of the Commission shall serve without | 293 |
compensation. | 294 |
(2) The Legislative Service Commission shall provide | 295 |
professional and technical support that is necessary for the Ohio | 296 |
Legislative Commission on the Education and Preservation of State | 297 |
History to perform its duties. | 298 |
(C) The Ohio Legislative Commission on the Education and | 299 |
Preservation of State History shall do all of the following: | 300 |
(1) Review the overall delivery of services and instruction | 301 |
on Ohio's history by organizations that have individually received | 302 |
in the previous two bienniums a total of at least one million | 303 |
dollars in funding through legislative appropriation for their | 304 |
operations. The review shall include a needs assessment with | 305 |
regard to each organization for all of the following: | 306 |
(a) Historic sites owned or managed by the organization; | 307 |
(b) Archives owned or maintained by the organization; | 308 |
(c) Programs offered by the organization; | 309 |
(d) The governance structure of the organization; | 310 |
(e) A comparison of the organization's operations with the | 311 |
operations of organizations that are located inside and outside | 312 |
the state and that have similar functions. | 313 |
(2) Following the review, make recommendations on all of the | 314 |
following: | 315 |
(a) Improving the efficiency of the organizations; | 316 |
(b) Alternative methods for the performance or discharge of | 317 |
state-mandated functions and other functions by the organizations; | 318 |
(c) Best practices regarding governance structures for the | 319 |
organizations; | 320 |
(d) Any other recommendations that the Commission determines | 321 |
to be necessary. | 322 |
(3) Identify alternative public and private funding sources | 323 |
to support the organizations. | 324 |
(D) The Commission shall issue a report of its findings and | 325 |
recommendations to the President of the Senate, the Speaker of the | 326 |
House of Representatives, and the Governor not later than | 327 |
September 1, 2010. Upon submission of the report, the Commission | 328 |
shall cease to exist. | 329 |
Section 5. That existing Section 701.05 of Am. Sub. H.B. 1 | 330 |
of the 128th General Assembly is hereby repealed. | 331 |
Section 6. That Section 701.20 of Am. Sub. H.B. 562 of the | 332 |
127th General Assembly, as amended by Am. Sub. H.B. 1 of the 128th | 333 |
General Assembly, be amended to read as follows: | 334 |
Sec. 701.20. (A) The Ohio Commission on Local Government | 335 |
Reform and Collaboration shall develop recommendations on ways to | 336 |
increase the efficiency and effectiveness of local government | 337 |
operations, to achieve cost savings for taxpayers, and to | 338 |
facilitate economic development in this state. In developing the | 339 |
recommendations, the commission shall consider, but is not limited | 340 |
to, the following: | 341 |
(1) Restructuring and streamlining local government offices | 342 |
to achieve efficiencies and cost savings for taxpayers and to | 343 |
facilitate local economic development; | 344 |
(2) Restructuring and streamlining special taxing districts | 345 |
and local government authorities authorized by the constitution or | 346 |
the laws of this state to levy a tax of any kind or to have a tax | 347 |
of any kind levied on its behalf, and of local government units, | 348 |
including schools and libraries, to reduce overhead and | 349 |
administrative expenses; | 350 |
(3) Restructuring, streamlining, and finding ways to | 351 |
collaborate on the delivery of services, functions, or authorities | 352 |
of local government to achieve cost savings for taxpayers; | 353 |
(4) Examining the relationship of services provided by the | 354 |
state to services provided by local government and the possible | 355 |
realignment of state and local services to increase efficiency and | 356 |
improve accountability; | 357 |
(5) Ways of reforming or restructuring constitutional, | 358 |
statutory, and administrative laws to facilitate collaboration for | 359 |
local economic development, to increase the efficiency and | 360 |
effectiveness of local government operations, to identify | 361 |
duplication of services, and to achieve costs savings for | 362 |
taxpayers; | 363 |
(6) Making annual financial reporting across local | 364 |
governments consistent for ease of comparison; and | 365 |
(7) Aligning regional planning units across state agencies. | 366 |
(B)(1) There is hereby created the Ohio Commission on Local | 367 |
Government Reform and Collaboration, consisting of fifteen voting | 368 |
members. The President of the Senate shall appoint three members, | 369 |
one of whom may be a person who is recommended by the Minority | 370 |
Leader of the Senate. The Speaker of the House of Representatives | 371 |
shall appoint three members, one of whom may be a person who is | 372 |
recommended by the Minority Leader of the House of | 373 |
Representatives. The Governor shall appoint three members. One | 374 |
member shall be appointed by, and shall represent, each of the | 375 |
following organizations: the Ohio Municipal League, the Ohio | 376 |
Township Association, the Ohio School Boards Association, the | 377 |
County Commissioners' Association of Ohio, the Ohio Library | 378 |
Council, and the Ohio Association of Regional Councils. The | 379 |
initial appointments shall be made not later than ninety days | 380 |
after the effective date of this section. Vacancies shall be | 381 |
filled in the manner provided for original appointments. Members | 382 |
are not entitled to compensation for their services. | 383 |
(2) The initial meeting of the commission shall be called by | 384 |
the Governor within forty-five days after the initial appointments | 385 |
to the commission are complete. The commission shall elect two of | 386 |
its members to serve as co-chairpersons of the commission. | 387 |
(C) The commission may create an advisory council consisting | 388 |
of interested parties representing taxing authorities and | 389 |
political subdivisions that are not taxing authorities. The | 390 |
appointment of members to the advisory council is a matter of the | 391 |
commission's discretion. The commission may direct the advisory | 392 |
council to provide relevant information to the commission. | 393 |
Advisory council members are not members of the commission, and | 394 |
may not vote on commission business. | 395 |
(D) The commission may consult with and obtain assistance | 396 |
from state institutions of higher education (as defined in section | 397 |
3345.011 of the Revised Code) and from business organizations for | 398 |
research and data gathering related to its mission. State | 399 |
institutions of higher education and business organizations shall | 400 |
cooperate with the commission. | 401 |
(E) The commission shall issue a report of its findings and | 402 |
recommendations to the President of the Senate, the Speaker of the | 403 |
House of Representatives, and the Governor not later than | 404 |
September 1, 2010. The commission ceases to exist upon submitting | 405 |
its report. | 406 |
Section 7. That existing Section 701.20 of Am. Sub. H.B. 562 | 407 |
of the 127th General Assembly, as amended by Am. Sub. H.B. 1 of | 408 |
the 128th General Assembly, is hereby repealed. | 409 |
Section 8. This act is declared to be an emergency measure | 410 |
necessary for the immediate preservation of the public peace, | 411 |
health, and safety. Immediate action is necessary to extend the | 412 |
deadline for the Ohio Commission on Local Government Reform and | 413 |
Collaboration to submit its report. Therefore, this act shall go | 414 |
into immediate effect. | 415 |