As Passed by the Senate

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 225


Representatives Peterson, Landis 

Cosponsors: Representatives Pillich, Grossman, Sears, Boose, Derickson, Carey, Thompson, Adams, J., Hayes, Stinziano, Ruhl, McClain, Balderson, Maag, Weddington, Brenner, Duffey, Baker, Schuring, Blair, McKenney, Adams, R., Amstutz, Anielski, Antonio, Barnes, Beck, Blessing, Bubp, Buchy, Carney, Damschroder, DeGeeter, Dovilla, Foley, Goodwin, Hackett, Hall, Henne, Hollington, Huffman, Letson, Mallory, Milkovich, Newbold, O'Brien, Ramos, Slaby, Sprague, Stebelton, Szollosi, Uecker, Yuko Speaker Batchelder 

Senators Daniels, Coley, Eklund, Hite, LaRose, Lehner, Niehaus, Seitz 



A BILL
To amend sections 9.37, 9.482, 135.01, 135.143, 1
135.35, 167.03, 305.171, 305.23, 307.862, 307.88, 2
329.01, 330.04, 349.01, 349.03, 349.04, 349.06, 3
349.14, 505.603, 3917.04, 4931.41, 4931.43, 4
4931.44, 4931.45, 4931.49, 4931.50, 4931.64, 5
4931.65, 4931.66, 5101.01, 5705.13, 5705.392, 6
5713.07, 5713.08, 5713.081, 5713.082, 5715.13, 7
5715.27, and 5717.02 and to enact sections 113.43, 8
148.061, 329.40, 329.41, 329.42, 329.43, 329.44, 9
329.45, and 329.46 of the Revised Code to vest in 10
county auditors responsibility for reviewing and 11
approving property tax exemption applications for 12
some publicly owned property, to authorize 13
legislative authorities of municipal corporations, 14
county auditors, and boards of township trustees 15
to adopt a direct deposit payroll policy, to 16
clarify that a board of township trustees may 17
offer deferred compensation plans or programs to 18
the township's officers and employees, to 19
authorize regional councils of government to 20
operate a 9-1-1 public safety answering point, to 21
authorize counties and townships to increase the 22
amount credited to "rainy day" reserve balance 23
accounts to one-sixth of the expenditures made in 24
the preceding fiscal year from the fund in which 25
the reserve balance account is established, to 26
authorize the Hocking, Ross, and Vinton Counties' 27
boards of county commissioners to form a pilot 28
joint county department of job and family 29
services, to modify state and county investment 30
authority law, to prohibit centralized-services 31
purchases using moneys from the Real Estate 32
Assessment Fund, to exempt funds subject to the 33
Tax Commissioner's rules governing expenditures 34
from the Real Estate Assessment Fund from county 35
quarterly spending plans, to limit the involvement 36
of county officers and their responsibilities in 37
intergovernmental shared services agreements, to 38
authorize county contracting authorities to give 39
notice of requests for proposals and receive 40
proposals through a secure electronic system, to 41
permit tax complaints to be filed electronically, 42
to authorize a county or township to offer any 43
qualified benefit available under a cafeteria 44
plan, and to offer a health and wellness benefit 45
program, to its officers and employees, and to 46
make changes to the New Community Authority Law.47


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

       Section 1. That sections 9.37, 9.482, 135.01, 135.143, 48
135.35, 167.03, 305.171, 305.23, 307.862, 307.88, 329.01, 330.04, 49
349.01, 349.03, 349.04, 349.06, 349.14, 505.603, 3917.04, 4931.41, 50
4931.43, 4931.44, 4931.45, 4931.49, 4931.50, 4931.64, 4931.65, 51
4931.66, 5101.01, 5705.13, 5705.392, 5713.07, 5713.08, 5713.081, 52
5713.082, 5715.13, 5715.27, and 5717.02 be amended and sections 53
113.43, 148.061, 329.40, 329.41, 329.42, 329.43, 329.44, 329.45, 54
and 329.46 of the Revised Code be enacted to read as follows:55

       Sec. 9.37.  (A) As used in this section, "public official" 56
means any elected or appointed officer, employee, or agent of the 57
state, any state institution of higher education, any political 58
subdivision, board, commission, bureau, or other public body 59
established by law. "State institution of higher education" means 60
any state university or college as defined in division (A)(1) of 61
section 3345.12 of the Revised Code, community college, state 62
community college, university branch, or technical college.63

       (B) Except as provided in divisiondivisions (F) and (G) of 64
this section, any public official may make by direct deposit of 65
funds by electronic transfer, if the payee provides a written 66
authorization designating a financial institution and an account 67
number to which the payment is to be credited, any payment such 68
public official is permitted or required by law in the performance 69
of official duties to make by issuing a check or warrant.70

       (C) Such public official may contract with a financial 71
institution for the services necessary to make direct deposits and 72
draw lump-sum checks or warrants payable to that institution in 73
the amount of the payments to be transferred.74

       (D) Before making any direct deposit as authorized under this 75
section, the public official shall ascertain that the account from 76
which the payment is to be made contains sufficient funds to cover 77
the amount of the payment.78

       (E) If the issuance of checks and warrants by a public 79
official requires authorization by a governing board, commission, 80
bureau, or other public body having jurisdiction over the public 81
official, the public official may only make direct deposits and 82
contracts under this section pursuant to a resolution of 83
authorization duly adopted by such governing board, commission, 84
bureau, or other public body.85

       (F) Pursuant to sections 307.55, 319.16, and 321.15 of the 86
Revised Code, a county auditor may issue, and a county treasurer 87
may redeem, electronic warrants authorizing direct deposit for 88
payment of county obligations in accordance with rules adopted by 89
the director of budget and management pursuant to Chapter 119. of 90
the Revised Code.91

       (G) The legislative authority of a municipal corporation, for 92
employees of the municipal corporation, a county auditor, for 93
county employees, or a board of township trustees, for township 94
employees, may adopt a direct deposit payroll policy under which 95
all employees of the municipal corporation, all county employees, 96
or all township employees, as the case may be, provide a written 97
authorization designating a financial institution and an account 98
number to which payment of the employee's compensation shall be 99
credited under the municipal corporation's, county's, or 100
township's direct deposit payroll policy. The direct deposit 101
payroll policy adopted by the legislative authority of a municipal 102
corporation, a county auditor, or a board of township trustees may 103
exempt from the direct deposit requirement those municipal, 104
county, or township employees who cannot provide an account 105
number, or for other reasons specified in the policy. The written 106
authorization is not a public record under section 149.43 of the 107
Revised Code.108

       Sec. 9.482. (A) As used in this section, "political 109
subdivision" has the meaning defined in section 2744.01 of the 110
Revised Code.111

       (B) When authorized by their respective legislative 112
authorities, a political subdivision may enter into an agreement 113
with another political subdivision whereby a contracting political 114
subdivision agrees to exercise any power, perform any function, or 115
render any service for another contracting recipient political 116
subdivision that the contracting recipient political subdivision 117
is otherwise legally authorized to exercise, perform, or render.118

       In the absence in the agreement of provisions determining by 119
what officer, office, department, agency, or other authority the 120
powers and duties of a contracting political subdivision shall be 121
exercised or performed, the legislative authority of the 122
contracting political subdivision shall determine and assign the 123
powers and duties.124

        An agreement shall not suspend the possession by a 125
contracting recipient political subdivision of any power or 126
function that is exercised or performed on its behalf by another 127
contracting political subdivision under the agreement.128

       A political subdivision shall not enter into an agreement to 129
levy any tax or to exercise, with regard to public moneys, any 130
investment powers, perform any investment function, or render any 131
investment service on behalf of a contracting subdivision. Nothing 132
in this paragraph prohibits a political subdivision from entering 133
into an agreement to collect, administer, or enforce any tax on 134
behalf of another political subdivision or to limit the authority 135
of political subdivisions to create and operate joint economic 136
development zones or joint economic development districts as 137
provided in sections 715.69 to 715.83 of the Revised Code.138

       (C) No county elected officer may be required to exercise any 139
power, perform any function, or render any service under an 140
agreement entered into under this section without the written 141
consent of the county elected officer. No county may enter into an 142
agreement under this section for the exercise, performance, or 143
rendering of any statutory powers, functions, or services of any 144
county elected officer without the written consent of the county 145
elected officer.146

        (D) No power shall be exercised, no function shall be 147
performed, and no service shall be rendered by a contracting 148
political subdivision pursuant to an agreement entered into under 149
this section within a political subdivision that is not a party to 150
the agreement, without first obtaining the written consent of the 151
political subdivision that is not a party to the agreement and 152
within which the power is to be exercised, a function is to be 153
performed, or a service is to be rendered.154

       (D)(E) Chapter 2744. of the Revised Code, insofar as it 155
applies to the operation of a political subdivision, applies to 156
the political subdivisions that are parties to an agreement and to 157
their employees when they are rendering a service outside the 158
boundaries of their employing political subdivision under the 159
agreement. Employees acting outside the boundaries of their 160
employing political subdivision while providing a service under an 161
agreement may participate in any pension or indemnity fund 162
established by the political subdivision to the same extent as 163
while they are acting within the boundaries of the political 164
subdivision, and are entitled to all the rights and benefits of 165
Chapter 4123. of the Revised Code to the same extent as while they 166
are performing a service within the boundaries of the political 167
subdivision.168

       Sec. 113.43.  The treasurer of state shall make available to 169
the public, on the treasurer of state's internet web site, the 170
county investment advisory committee reports prepared under 171
division (L) of section 135.35 of the Revised Code.172

       Sec. 135.01.  Except as otherwise provided in sections 173
135.14, 135.143, and 135.181 of the Revised Code, as used in 174
sections 135.01 to 135.21 of the Revised Code:175

       (A) "Active deposit" means a public deposit necessary to meet 176
current demands on the treasury, and that is deposited in any of 177
the following:178

       (1) A commercial account that is payable or withdrawable, in 179
whole or in part, on demand;180

       (2) A negotiable order of withdrawal account as authorized in 181
the "Consumer Checking Account Equity Act of 1980," 94 Stat. 146, 182
12 U.S.C.A. 1832(a);183

       (3) A money market deposit account as authorized in the 184
"Garn-St. Germain Depository Institutions Act of 1982," 96 Stat. 185
1501, 12 U.S.C. 3503.186

       (B) "Auditor" includes the auditor of state and the auditor, 187
or officer exercising the functions of an auditor, of any 188
subdivision.189

       (C) "Capital funds" means the sum of the following: the par 190
value of the outstanding common capital stock, the par value of 191
the outstanding preferred capital stock, the aggregate par value 192
of all outstanding capital notes and debentures, and the surplus. 193
In the case of an institution having offices in more than one 194
county, the capital funds of such institution, for the purposes of 195
sections 135.01 to 135.21 of the Revised Code, relative to the 196
deposit of the public moneys of the subdivisions in one such 197
county, shall be considered to be that proportion of the capital 198
funds of the institution that is represented by the ratio that the 199
deposit liabilities of such institution originating at the office 200
located in the county bears to the total deposit liabilities of 201
the institution.202

       (D) "Governing board" means, in the case of the state, the 203
state board of deposit; in the case of all school districts and 204
educational service centers except as otherwise provided in this 205
section, the board of education or governing board of a service 206
center, and when the case so requires, the board of commissioners 207
of the sinking fund; in the case of a municipal corporation, the 208
legislative authority, and when the case so requires, the board of 209
trustees of the sinking fund; in the case of a township, the board 210
of township trustees; in the case of a union or joint institution 211
or enterprise of two or more subdivisions not having a treasurer, 212
the board of directors or trustees thereof; and in the case of any 213
other subdivision electing or appointing a treasurer, the 214
directors, trustees, or other similar officers of such 215
subdivision. The governing board of a subdivision electing or 216
appointing a treasurer shall be the governing board of all other 217
subdivisions for which such treasurer is authorized by law to act. 218
In the case of a county school financing district that levies a 219
tax pursuant to section 5705.215 of the Revised Code, the county 220
board of education that serves as its taxing authority shall 221
operate as a governing board. Any other county board of education 222
shall operate as a governing board unless it adopts a resolution 223
designating the board of county commissioners as the governing 224
board for the county school district.225

       (E) "Inactive deposit" means a public deposit other than an 226
interim deposit or an active deposit.227

       (F) "Interim deposit" means a deposit of interim moneys. 228
"Interim moneys" means public moneys in the treasury of the state 229
or any subdivision after the award of inactive deposits has been 230
made in accordance with section 135.07 of the Revised Code, which 231
moneys are in excess of the aggregate amount of the inactive 232
deposits as estimated by the governing board prior to the period 233
of designation and which the treasurer or governing board finds 234
should not be deposited as active or inactive deposits for the 235
reason that such moneys will not be needed for immediate use but 236
will be needed before the end of the period of designation.237

       (G) "Permissible rate of interest" means a rate of interest 238
that all eligible institutions mentioned in section 135.03 of the 239
Revised Code are permitted to pay by law or valid regulations.240

       (H) "Warrant clearance account" means an account established 241
by the treasurer of state for the deposit of active state moneys 242
outside the city of Columbus, such account being for the exclusive 243
purpose of clearing state warrants through the banking system to 244
the treasurer.245

       (I) "Public deposit" means public moneys deposited in a 246
public depository pursuant to sections 135.01 to 135.21 of the 247
Revised Code.248

       (J) "Public depository" means an institution which receives 249
or holds any public deposits.250

       (K) "Public moneys" means all moneys in the treasury of the 251
state or any subdivision of the state, or moneys coming lawfully 252
into the possession or custody of the treasurer of state or of the 253
treasurer of any subdivision. "Public moneys of the state" 254
includes all such moneys coming lawfully into the possession of 255
the treasurer of state; and "public moneys of a subdivision" 256
includes all such moneys coming lawfully into the possession of 257
the treasurer of the subdivision.258

       (L) "Subdivision" means any municipal corporation, except one 259
which has adopted a charter under Article XVIII, Ohio 260
Constitution, and the charter or ordinances of the chartered 261
municipal corporation set forth special provisions respecting the 262
deposit or investment of its public moneys, or any school district 263
or educational service center, a county school financing district, 264
township, municipal or school district sinking fund, special 265
taxing or assessment district, or other district or local 266
authority electing or appointing a treasurer, except a county. In 267
the case of a school district or educational service center, 268
special taxing or assessment district, or other local authority 269
for which a treasurer, elected or appointed primarily as the 270
treasurer of a subdivision, is authorized or required by law to 271
act as ex officio treasurer, the subdivision for which such a 272
treasurer has been primarily elected or appointed shall be 273
considered to be the "subdivision." The term also includes a union 274
or joint institution or enterprise of two or more subdivisions, 275
that is not authorized to elect or appoint a treasurer, and for 276
which no ex officio treasurer is provided by law.277

       (M) "Treasurer" means, in the case of the state, the 278
treasurer of state and in the case of any subdivision, the 279
treasurer, or officer exercising the functions of a treasurer, of 280
such subdivision. In the case of a board of trustees of the 281
sinking fund of a municipal corporation, the board of 282
commissioners of the sinking fund of a school district, or a board 283
of directors or trustees of any union or joint institution or 284
enterprise of two or more subdivisions not having a treasurer, 285
such term means such board of trustees of the sinking fund, board 286
of commissioners of the sinking fund, or board of directors or 287
trustees.288

       (N) "Treasury investment board" of a municipal corporation 289
means the mayor or other chief executive officer, the village 290
solicitor or city director of law, and the auditor or other chief 291
fiscal officer.292

       (O) "No-load money market mutual fund" means a no-load money 293
market mutual fund to which all of the following apply:294

       (1) The fund is registered as an investment company under the 295
"Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-1 296
to 80a-64;297

       (2) The fund has the highest letter or numerical rating 298
provided by at least one nationally recognized standard rating 299
service;300

       (3) The fund does not include any investment in a derivative. 301
As used in division (O)(3) of this section, "derivative" means a 302
financial instrument or contract or obligation whose value or 303
return is based upon or linked to another asset or index, or both, 304
separate from the financial instrument, contract, or obligation 305
itself. Any security, obligation, trust account, or other 306
instrument that is created from an issue of the United States 307
treasury or is created from an obligation of a federal agency or 308
instrumentality or is created from both is considered a derivative 309
instrument. An eligible investment described in section 135.14 or 310
135.35 of the Revised Code with a variable interest rate payment, 311
based upon a single interest payment or single index comprised of 312
other investments provided for in division (B)(1) or (2) of 313
section 135.14 of the Revised Code, is not a derivative, provided 314
that such variable rate investment has a maximum maturity of two 315
years.316

       Sec. 135.143.  (A) The treasurer of state may invest or 317
execute transactions for any part or all of the interim funds of 318
the state in the following classifications of obligations:319

       (1) United States treasury bills, notes, bonds, or any other 320
obligations or securities issued by the United States treasury or 321
any other obligation guaranteed as to principal and interest by 322
the United States;323

       (2) Bonds, notes, debentures, or any other obligations or 324
securities issued by any federal government agency or 325
instrumentality;326

       (3) Bonds and other direct obligations of the state of Ohio 327
issued by the treasurer of state and of the Ohio public facilities 328
commission, the Ohio building authority, and the Ohio housing 329
finance agency;330

       (4)(a) Written repurchase agreements with any eligible Ohio 331
financial institution that is a member of the federal reserve 332
system or federal home loan bank or any recognized United States 333
government securities dealer, under the terms of which agreement 334
the treasurer of state purchases and the eligible financial 335
institution or dealer agrees unconditionally to repurchase any of 336
the securities that are listed in division (A)(1), (2), or (6) of 337
this section and that will mature or are redeemable within ten 338
years from the date of purchase. The market value of securities 339
subject to these transactions must exceed the principal value of 340
the repurchase agreement by an amount specified by the treasurer 341
of state, and the securities must be delivered into the custody of 342
the treasurer of state or the qualified trustee or agent 343
designated by the treasurer of state. The agreement shall contain 344
the requirement that for each transaction pursuant to the 345
agreement, the participating institution or dealer shall provide 346
all of the following information:347

       (i) The par value of the securities;348

       (ii) The type, rate, and maturity date of the securities;349

       (iii) A numerical identifier generally accepted in the 350
securities industry that designates the securities.351

       (b) The treasurer of state also may sell any securities, 352
listed in division (A)(1), (2), or (6) of this section, regardless 353
of maturity or time of redemption of the securities, under the 354
same terms and conditions for repurchase, provided that the 355
securities have been fully paid for and are owned by the treasurer 356
of state at the time of the sale.357

       (5) Securities lending agreements with any eligible financial 358
institution that is a member of the federal reserve system or 359
federal home loan bank or any recognized United States government 360
securities dealer, under the terms of which agreements the 361
treasurer of state lends securities and the eligible financial 362
institution or dealer agrees to simultaneously exchange similar 363
securities or cash, equal value for equal value.364

       Securities and cash received as collateral for a securities 365
lending agreement are not interim funds of the state. The 366
investment of cash collateral received pursuant to a securities 367
lending agreement may be invested only in such instruments 368
specified by the treasurer of state in accordance with a written 369
investment policy.370

       (6) Various forms of commercial paper issued by any 371
corporation that is incorporated under the laws of the United 372
States or a state, which notes are rated at the time of purchase 373
in the two highest categories by two nationally recognized rating 374
agencies, provided that the total amount invested under this 375
section in any commercial paper at any time shall not exceed 376
twenty-five per cent of the state's total average portfolio, as 377
determined and calculated by the treasurer of state;378

       (7) Bankers acceptances, maturing in two hundred seventy days 379
or less, which are eligible for purchase by the federal reserve 380
system, provided that the total amount invested in bankers 381
acceptances at any time shall not exceed ten per cent of the 382
state's total average portfolio, as determined and calculated by 383
the treasurer of state;384

       (8) Certificates of deposit in eligible institutions applying 385
for interim moneys as provided in section 135.08 of the Revised 386
Code, including linked deposits as provided in sections 135.61 to 387
135.67 of the Revised Code, agricultural linked deposits as 388
provided in sections 135.71 to 135.76 of the Revised Code, and 389
housing linked deposits as provided in sections 135.81 to 135.87 390
of the Revised Code;391

       (9) The state treasurer's investment pool authorized under 392
section 135.45 of the Revised Code;393

       (10) Debt interests, other than commercial paper described in 394
division (A)(6) of this section, rated at the time of purchase in 395
the three highest categories by two nationally recognized rating 396
agencies and issued by corporations that are incorporated under 397
the laws of the United States or a state, or issued by foreign 398
nations diplomatically recognized by the United States government, 399
or any instrument based on, derived from, or related to such 400
interests, provided that:401

       (a) The investments in debt interests shall not exceed in the 402
aggregate twenty-five per cent of the state's portfolio;403

       (b) The investments in debt interests issued by foreign 404
nations shall not exceed in the aggregate one per cent of the 405
state's portfolio;406

       (c) The investments in the debt interests of a single issuer 407
shall not exceed in the aggregate one-half of one per cent of the 408
state's portfolio, except that debt interests of a single issuer 409
that is a foreign nation shall not exceed in the aggregate one per 410
cent of the state's portfolio.411

       The treasurer of state shall invest under division (A)(10) of 412
this section in a debt interest issued by a foreign nation only if 413
the debt interest is backed by the full faith and credit of that 414
foreign nation, and provided that all interest and principal shall 415
be denominated and payable in United States funds. 416

       For purposes of division (A)(10) of this section, a debt 417
interest is rated in the three highest categories by two 418
nationally recognized rating agencies if either the debt interest 419
itself or the issuer of the debt interest is rated, or is 420
implicitly rated, at the time of purchase in the three highest 421
categories by two nationally recognized rating agencies.422

       For purposes of division (A)(10) of this section, the 423
"state's portfolio" means the state's total average portfolio, as 424
determined and calculated by the treasurer of state.425

       (11) No-load money market mutual funds consisting exclusively 426
of obligations described in division (A)(1), (2), or (6) of this 427
section and repurchase agreements secured by such obligations.428

       (12) Obligations of a board of education issued under 429
authority of section 133.10 or 133.301political subdivision 430
issued under Chapter 133. of the Revised Code and identified in an 431
agreement described in division (G) of this section.432

       (B) Whenever, during a period of designation, the treasurer 433
of state classifies public moneys as interim moneys, the treasurer 434
of state shall notify the state board of deposit of such action. 435
The notification shall be given within thirty days after such 436
classification and, in the event the state board of deposit does 437
not concur in such classification or in the investments or 438
deposits made under this section, the board may order the 439
treasurer of state to sell or liquidate any of the investments or 440
deposits, and any such order shall specifically describe the 441
investments or deposits and fix the date upon which they are to be 442
sold or liquidated. Investments or deposits so ordered to be sold 443
or liquidated shall be sold or liquidated for cash by the 444
treasurer of state on the date fixed in such order at the then 445
current market price. Neither the treasurer of state nor the 446
members of the state board of deposit shall be held accountable 447
for any loss occasioned by sales or liquidations of investments or 448
deposits at prices lower than their cost. Any loss or expense 449
incurred in making these sales or liquidations is payable as other 450
expenses of the treasurer's office.451

       (C) If any securities or obligations invested in by the 452
treasurer of state pursuant to this section are registrable either 453
as to principal or interest, or both, such securities or 454
obligations shall be registered in the name of the treasurer of 455
state.456

       (D) The treasurer of state is responsible for the safekeeping 457
of all securities or obligations under this section. Any such 458
securities or obligations may be deposited for safekeeping as 459
provided in section 113.05 of the Revised Code.460

       (E) Interest earned on any investments or deposits authorized 461
by this section shall be collected by the treasurer of state and 462
credited by the treasurer of state to the proper fund of the 463
state.464

       (F) Whenever investments or deposits acquired under this 465
section mature and become due and payable, the treasurer of state 466
shall present them for payment according to their tenor, and shall 467
collect the moneys payable thereon. The moneys so collected shall 468
be treated as public moneys subject to sections 135.01 to 135.21 469
of the Revised Code.470

       (G) The treasurer of state and any board of education471
political subdivision issuing obligations referred to in division 472
(A)(12) of this section, which obligations mature within one year 473
from the original date of issuance, may enter into an agreement 474
providing for:475

       (1) The purchase of those obligations by the treasurer of 476
state on terms and subject to conditions set forth in the 477
agreement;478

       (2) The payment by the board of educationpolitical 479
subdivision to the treasurer of state of a reasonable fee as 480
consideration for the agreement of the treasurer of state to 481
purchase those obligations; provided, however, that the treasurer 482
of state shall not be authorized to enter into any such agreement 483
with thea board of education of a school district that has an 484
outstanding obligation with respect to a loan received under 485
authority of section 3313.483 of the Revised Code.486

       (H) For purposes of division (G) of this section, a fee shall 487
not be considered reasonable unless it is set to recover only the 488
direct costs and, a reasonable estimate of the indirect costs 489
associated with the purchasing of obligations of a school board490
political subdivision under division (G) of this section and any 491
reselling of the obligations or any interest in the obligations, 492
including interests in a fund comprised of the obligations, and 493
the administration thereof. No money from the general revenue fund 494
shall be used to subsidize the purchase or resale of these 495
obligations.496

       (I) All money collected by the treasurer of state from the 497
fee imposed by division (G) of this section shall be deposited to 498
the credit of the state school boardpolitical subdivision499
obligations fund, which is hereby created in the state treasury. 500
Money credited to the fund shall be used solely to pay the 501
treasurer of state's direct and indirect costs associated with 502
purchasing and reselling obligations of a board of education503
political subdivision under division (G) of this section.504

       (J) As used in this section, "political subdivision" means a 505
county, township, municipal corporation, or board of education of 506
a school district.507

       Sec. 135.35.  (A) The investing authority shall deposit or 508
invest any part or all of the county's inactive moneys and shall 509
invest all of the money in the county public library fund when 510
required by section 135.352 of the Revised Code. The following 511
classifications of securities and obligations are eligible for 512
such deposit or investment:513

       (1) United States treasury bills, notes, bonds, or any other 514
obligation or security issued by the United States treasury, any 515
other obligation guaranteed as to principal or interest by the 516
United States, or any book entry, zero-coupon United States 517
treasury security that is a direct obligation of the United 518
States.519

       Nothing in the classification of eligible securities and 520
obligations set forth in divisions (A)(2) to (11) of this section 521
shall be construed to authorize any investment in stripped 522
principal or interest obligations of such eligible securities and 523
obligations.524

       (2) Bonds, notes, debentures, or any other obligations or 525
securities issued by any federal government agency or 526
instrumentality, including but not limited to, the federal 527
national mortgage association, federal home loan bank, federal 528
farm credit bank, federal home loan mortgage corporation, 529
government national mortgage association, and student loan 530
marketing association. All federal agency securities shall be 531
direct issuances of federal government agencies or 532
instrumentalities.533

       (3) Time certificates of deposit or savings or deposit 534
accounts, including, but not limited to, passbook accounts, in any 535
eligible institution mentioned in section 135.32 of the Revised 536
Code;537

       (4) Bonds and other obligations of this state or the 538
political subdivisions of this state, provided that such political 539
subdivisions are located wholly or partly within the same county 540
as the investing authority;541

       (5) No-load money market mutual funds consisting exclusively 542
of obligations described in division (A)(1) or (2) of this section 543
and repurchase agreements secured by such obligations, provided 544
that investments in securities described in this division are made 545
only through eligible institutions mentioned in section 135.32 of 546
the Revised Code;547

       (6) The Ohio subdivision's fund as provided in section 135.45 548
of the Revised Code;549

       (7) Securities lending agreements with any eligible 550
institution mentioned in section 135.32 of the Revised Code that 551
is a member of the federal reserve system or federal home loan 552
bank or with any recognized United States government securities 553
dealer meeting the description in division (J)(1) of this section, 554
under the terms of which agreements the investing authority lends 555
securities and the eligible institution or dealer agrees to 556
simultaneously exchange similar securities or cash, equal value 557
for equal value.558

       Securities and cash received as collateral for a securities 559
lending agreement are not inactive moneys of the county or moneys 560
of a county public library fund. The investment of cash collateral 561
received pursuant to a securities lending agreement may be 562
invested only in instruments specified by the investing authority 563
in the written investment policy described in division (K) of this 564
section. 565

       (8) Up to twenty-five per cent of the county's total average 566
portfolio in either of the following investments:567

       (a) Commercial paper notes issued by an entity that is 568
defined in division (D) of section 1705.01 of the Revised Code and 569
that has assets exceeding five hundred million dollars, to which 570
notes all of the following apply:571

       (i) The notes are rated at the time of purchase in the 572
highest classification established by at least two nationally 573
recognized standard rating services.574

       (ii) The aggregate value of the notes does not exceed ten per 575
cent of the aggregate value of the outstanding commercial paper of 576
the issuing corporation.577

       (iii) The notes mature not later than two hundred seventy 578
days after purchase.579

       (b) Bankers acceptances of banks that are insured by the 580
federal deposit insurance corporation and to which both of the 581
following apply:582

       (i) The obligations are eligible for purchase by the federal 583
reserve system.584

       (ii) The obligations mature not later than one hundred eighty 585
days after purchase.586

       No investment shall be made pursuant to division (A)(8) of 587
this section unless the investing authority has completed 588
additional training for making the investments authorized by 589
division (A)(8) of this section. The type and amount of additional 590
training shall be approved by the auditor of state and may be 591
conducted by or provided under the supervision of the auditor of 592
state.593

       (9) Up to fifteen per cent of the county's total average 594
portfolio in notes issued by corporations that are incorporated 595
under the laws of the United States and that are operating within 596
the United States, or by depository institutions that are doing 597
business under authority granted by the United States or any state 598
and that are operating within the United States, provided both of 599
the following apply:600

        (a) The notes are rated in the second highest or higher 601
category by at least two nationally recognized standard rating 602
services at the time of purchase.603

        (b) The notes mature not later than two years after purchase.604

        (10) No-load money market mutual funds rated in the highest 605
category at the time of purchase by at least one nationally 606
recognized standard rating service and consisting exclusively of 607
obligations described in division (A)(1), (2), or (6) of section 608
135.143 of the Revised Code;609

        (11) Debt interests rated at the time of purchase in the 610
three highest categories by two nationally recognized standard 611
rating services and issued by foreign nations diplomatically 612
recognized by the United States government. All interest and 613
principal shall be denominated and payable in United States funds. 614
The investments made under division (A)(11) of this section shall 615
not exceed in the aggregate one per cent of a county's total 616
average portfolio.617

       The investing authority shall invest under division (A)(11) 618
of this section in a debt interest issued by a foreign nation only 619
if the debt interest is backed by the full faith and credit of 620
that foreign nation, there is no prior history of default, and the 621
debt interest matures not later than five years after purchase. 622
For purposes of division (A)(11) of this section, a debt interest 623
is rated in the three highest categories by two nationally 624
recognized standard rating services if either the debt interest 625
itself or the issuer of the debt interest is rated, or is 626
implicitly rated, at the time of purchase in the three highest 627
categories by two nationally recognized standard rating services.628

       (12) A current unpaid or delinquent tax line of credit 629
authorized under division (G) of section 135.341 of the Revised 630
Code, provided that all of the conditions for entering into such a 631
line of credit under that division are satisfied, or bonds and 632
other obligations of a county land reutilization corporation 633
organized under Chapter 1724. of the Revised Code, if the county 634
land reutilization corporation is located wholly or partly within 635
the same county as the investing authority.636

       (B) Nothing in the classifications of eligible obligations 637
and securities set forth in divisions (A)(1) to (11) of this 638
section shall be construed to authorize investment in a 639
derivative, and no investing authority shall invest any county 640
inactive moneys or any moneys in a county public library fund in a 641
derivative. For purposes of this division, "derivative" means a 642
financial instrument or contract or obligation whose value or 643
return is based upon or linked to another asset or index, or both, 644
separate from the financial instrument, contract, or obligation 645
itself. Any security, obligation, trust account, or other 646
instrument that is created from an issue of the United States 647
treasury or is created from an obligation of a federal agency or 648
instrumentality or is created from both is considered a derivative 649
instrument. An eligible investment described in this section with 650
a variable interest rate payment, based upon a single interest 651
payment or single index comprised of other eligible investments 652
provided for in division (A)(1) or (2) of this section, is not a 653
derivative, provided that such variable rate investment has a 654
maximum maturity of two years. A treasury inflation-protected 655
security shall not be considered a derivative, provided the 656
security matures not later than five years after purchase.657

       (C) Except as provided in divisiondivisions (D) and (O) of 658
this section, any investment made pursuant to this section must 659
mature within fiveten years from the date of settlement, unless 660
the investment is matched to a specific obligation or debt of the 661
county or to a specific obligation or debt of a political 662
subdivision of this state located wholly or partly within the 663
county, and the investment is specifically approved by the 664
investment advisory committee.665

       (D) The investing authority may also enter into a written 666
repurchase agreement with any eligible institution mentioned in 667
section 135.32 of the Revised Code or any eligible securities 668
dealer pursuant to division (J) of this section, under the terms 669
of which agreement the investing authority purchases and the 670
eligible institution or dealer agrees unconditionally to 671
repurchase any of the securities listed in divisions (B)(1) to 672
(5), except letters of credit described in division (B)(2), of 673
section 135.18 of the Revised Code. The market value of securities 674
subject to an overnight written repurchase agreement must exceed 675
the principal value of the overnight written repurchase agreement 676
by at least two per cent. A written repurchase agreement must 677
exceed the principal value of the overnight written repurchase 678
agreement, by at least two per cent. A written repurchase 679
agreement shall not exceed thirty days, and the market value of 680
securities subject to a written repurchase agreement must exceed 681
the principal value of the written repurchase agreement by at 682
least two per cent and be marked to market daily. All securities 683
purchased pursuant to this division shall be delivered into the 684
custody of the investing authority or the qualified custodian of 685
the investing authority or an agent designated by the investing 686
authority. A written repurchase agreement with an eligible 687
securities dealer shall be transacted on a delivery versus payment 688
basis. The agreement shall contain the requirement that for each 689
transaction pursuant to the agreement the participating 690
institution shall provide all of the following information:691

       (1) The par value of the securities;692

       (2) The type, rate, and maturity date of the securities;693

       (3) A numerical identifier generally accepted in the 694
securities industry that designates the securities.695

       No investing authority shall enter into a written repurchase 696
agreement under the terms of which the investing authority agrees 697
to sell securities owned by the county to a purchaser and agrees 698
with that purchaser to unconditionally repurchase those 699
securities.700

       (E) No investing authority shall make an investment under 701
this section, unless the investing authority, at the time of 702
making the investment, reasonably expects that the investment can 703
be held until its maturity. The investing authority's written 704
investment policy shall specify the conditions under which an 705
investment may be redeemed or sold prior to maturity.706

       (F) No investing authority shall pay a county's inactive 707
moneys or moneys of a county public library fund into a fund 708
established by another subdivision, treasurer, governing board, or 709
investing authority, if that fund was established by the 710
subdivision, treasurer, governing board, or investing authority 711
for the purpose of investing or depositing the public moneys of 712
other subdivisions. This division does not apply to the payment of 713
public moneys into either of the following:714

       (1) The Ohio subdivision's fund pursuant to division (A)(6) 715
of this section;716

       (2) A fund created solely for the purpose of acquiring, 717
constructing, owning, leasing, or operating municipal utilities 718
pursuant to the authority provided under section 715.02 of the 719
Revised Code or Section 4 of Article XVIII, Ohio Constitution.720

       For purposes of division (F) of this section, "subdivision" 721
includes a county.722

       (G) The use of leverage, in which the county uses its current 723
investment assets as collateral for the purpose of purchasing 724
other assets, is prohibited. The issuance of taxable notes for the 725
purpose of arbitrage is prohibited. Contracting to sell securities 726
not owned by the county, for the purpose of purchasing such 727
securities on the speculation that bond prices will decline, is 728
prohibited.729

       (H) Any securities, certificates of deposit, deposit 730
accounts, or any other documents evidencing deposits or 731
investments made under authority of this section shall be issued 732
in the name of the county with the county treasurer or investing 733
authority as the designated payee. If any such deposits or 734
investments are registrable either as to principal or interest, or 735
both, they shall be registered in the name of the treasurer.736

       (I) The investing authority shall be responsible for the 737
safekeeping of all documents evidencing a deposit or investment 738
acquired under this section, including, but not limited to, 739
safekeeping receipts evidencing securities deposited with a 740
qualified trustee, as provided in section 135.37 of the Revised 741
Code, and documents confirming the purchase of securities under 742
any repurchase agreement under this section shall be deposited 743
with a qualified trustee, provided, however, that the qualified 744
trustee shall be required to report to the investing authority, 745
auditor of state, or an authorized outside auditor at any time 746
upon request as to the identity, market value, and location of the 747
document evidencing each security, and that if the participating 748
institution is a designated depository of the county for the 749
current period of designation, the securities that are the subject 750
of the repurchase agreement may be delivered to the treasurer or 751
held in trust by the participating institution on behalf of the 752
investing authority.753

       Upon the expiration of the term of office of an investing 754
authority or in the event of a vacancy in the office for any 755
reason, the officer or the officer's legal representative shall 756
transfer and deliver to the officer's successor all documents 757
mentioned in this division for which the officer has been 758
responsible for safekeeping. For all such documents transferred 759
and delivered, the officer shall be credited with, and the 760
officer's successor shall be charged with, the amount of moneys 761
evidenced by such documents.762

       (J)(1) All investments, except for investments in securities 763
described in divisions (A)(5), (6), and (12) of this section, 764
shall be made only through a member of the national association of 765
securities dealers, through a bank, savings bank, or savings and 766
loan association regulated by the superintendent of financial 767
institutions, or through an institution regulated by the 768
comptroller of the currency, federal deposit insurance 769
corporation, or board of governors of the federal reserve system. 770

       (2) Payment for investments shall be made only upon the 771
delivery of securities representing such investments to the 772
treasurer, investing authority, or qualified trustee. If the 773
securities transferred are not represented by a certificate, 774
payment shall be made only upon receipt of confirmation of 775
transfer from the custodian by the treasurer, governing board, or 776
qualified trustee.777

       (K)(1) Except as otherwise provided in division (K)(2) of 778
this section, no investing authority shall make an investment or 779
deposit under this section, unless there is on file with the 780
auditor of state a written investment policy approved by the 781
investing authority. The policy shall require that all entities 782
conducting investment business with the investing authority shall 783
sign the investment policy of that investing authority. All 784
brokers, dealers, and financial institutions, described in 785
division (J)(1) of this section, initiating transactions with the 786
investing authority by giving advice or making investment 787
recommendations shall sign the investing authority's investment 788
policy thereby acknowledging their agreement to abide by the 789
policy's contents. All brokers, dealers, and financial 790
institutions, described in division (J)(1) of this section, 791
executing transactions initiated by the investing authority, 792
having read the policy's contents, shall sign the investment 793
policy thereby acknowledging their comprehension and receipt.794

       (2) If a written investment policy described in division 795
(K)(1) of this section is not filed on behalf of the county with 796
the auditor of state, the investing authority of that county shall 797
invest the county's inactive moneys and moneys of the county 798
public library fund only in time certificates of deposits or 799
savings or deposit accounts pursuant to division (A)(3) of this 800
section, no-load money market mutual funds pursuant to division 801
(A)(5) of this section, or the Ohio subdivision's fund pursuant to 802
division (A)(6) of this section.803

       (L)(1) The investing authority shall establish and maintain 804
an inventory of all obligations and securities acquired by the 805
investing authority pursuant to this section. The inventory shall 806
include a description of each obligation or security, including 807
type, cost, par value, maturity date, settlement date, and any 808
coupon rate.809

       (2) The investing authority shall also keep a complete record 810
of all purchases and sales of the obligations and securities made 811
pursuant to this section.812

       (3) The investing authority shall maintain a monthly 813
portfolio report and issue a copy of the monthly portfolio report 814
describing such investments to the county investment advisory 815
committee, detailing the current inventory of all obligations and 816
securities, all transactions during the month that affected the 817
inventory, any income received from the obligations and 818
securities, and any investment expenses paid, and stating the 819
names of any persons effecting transactions on behalf of the 820
investing authority.821

       (4) The monthly portfolio report shall be a public record and 822
available for inspection under section 149.43 of the Revised Code.823

       (5) The inventory and the monthly portfolio report shall be 824
filed with the board of county commissioners. The monthly 825
portfolio report also shall be filed with the treasurer of state.826

       (M) An investing authority may enter into a written 827
investment or deposit agreement that includes a provision under 828
which the parties agree to submit to nonbinding arbitration to 829
settle any controversy that may arise out of the agreement, 830
including any controversy pertaining to losses of public moneys 831
resulting from investment or deposit. The arbitration provision 832
shall be set forth entirely in the agreement, and the agreement 833
shall include a conspicuous notice to the parties that any party 834
to the arbitration may apply to the court of common pleas of the 835
county in which the arbitration was held for an order to vacate, 836
modify, or correct the award. Any such party may also apply to the 837
court for an order to change venue to a court of common pleas 838
located more than one hundred miles from the county in which the 839
investing authority is located.840

       For purposes of this division, "investment or deposit 841
agreement" means any agreement between an investing authority and 842
a person, under which agreement the person agrees to invest, 843
deposit, or otherwise manage, on behalf of the investing 844
authority, a county's inactive moneys or moneys in a county public 845
library fund, or agrees to provide investment advice to the 846
investing authority.847

       (N) An investment held in the county portfolio on September 848
27, 1996, that was a legal investment under the law as it existed 849
before September 27, 1996, may be held until maturity, or if the 850
investment does not have a maturity date the investment may be 851
held until five years from September 27, 1996, regardless of 852
whether the investment would qualify as a legal investment under 853
the terms of this section as amended.854

       (O) Upon a majority affirmative vote of the county investment 855
advisory committee in support of such action, an investment 856
authority may invest up to twenty-five per cent of the county's 857
total average portfolio of investments made under this section in 858
securities and obligations that mature on a date that is more than 859
ten years from the date of settlement.860

       Sec. 148.061. In addition to the program of deferred 861
compensation that may be offered under this chapter, a board of 862
township trustees may offer to all of the officers and employees 863
of the township plans or programs for deferring compensation 864
designed for favorable tax treatment of the compensation so 865
deferred. A plan or program shall present a reasonable number of 866
options to the township's officers and employees for the 867
investment of the deferred funds that will assure the desired tax 868
treatment of the funds.869

       Any income deferred under a plan or program shall continue to 870
be included as regular compensation for the purpose of computing 871
the contributions to and benefits from each officer's or 872
employee's retirement system, but shall not be included in the 873
computation of any federal and state income taxes withheld on 874
behalf of the officer or employee.875

       Sec. 167.03.  (A) The council shall have the power to:876

       (1) Study such area governmental problems common to two or 877
more members of the council as it deems appropriate, including but 878
not limited to matters affecting health, safety, welfare, 879
education, economic conditions, and regional development;880

       (2) Promote cooperative arrangements and coordinate action 881
among its members, and between its members and other agencies of 882
local or state governments, whether or not within Ohio, and the 883
federal government;884

       (3) Make recommendations for review and action to the members 885
and other public agencies that perform functions within the 886
region;887

       (4) Promote cooperative agreements and contracts among its 888
members or other governmental agencies and private persons, 889
corporations, or agencies;890

       (5) Operate a public safety answering point in accordance 891
with sections 4931.40 to 4931.70 of the Revised Code;892

       (6) Perform planning directly by personnel of the council, or 893
under contracts between the council and other public or private 894
planning agencies.895

       (B) The council may:896

       (1) Review, evaluate, comment upon, and make recommendations, 897
relative to the planning and programming, and the location, 898
financing, and scheduling of public facility projects within the 899
region and affecting the development of the area;900

       (2) Act as an areawide agency to perform comprehensive 901
planning for the programming, locating, financing, and scheduling 902
of public facility projects within the region and affecting the 903
development of the area and for other proposed land development or 904
uses, which projects or uses have public metropolitan wide or 905
interjurisdictional significance;906

       (3) Act as an agency for coordinating, based on metropolitan 907
wide comprehensive planning and programming, local public 908
policies, and activities affecting the development of the region 909
or area.910

       (C) The council may, by appropriate action of the governing 911
bodies of the members, perform such other functions and duties as 912
are performed or capable of performance by the members and 913
necessary or desirable for dealing with problems of mutual 914
concern.915

       (D) The authority granted to the council by this section or 916
in any agreement by the members thereof shall not displace any 917
existing municipal, county, regional, or other planning commission 918
or planning agency in the exercise of its statutory powers.919

       Sec. 305.171.  The following applies until the department of 920
administrative services implements for counties the health care 921
plans under section 9.901 of the Revised Code. If those plans do 922
not include or address any benefits listed in division (A) of this 923
section, the following provisions continue in effect for those 924
benefits.925

       (A) The board of county commissioners of any county may 926
contract for, purchase, or otherwise procure and pay all or any 927
part of the cost of groupany of the following insurance, 928
coverage, or benefits issued by an insurance company or 929
administered by a board of county commissioners or a contractor, 930
for county officers and employees and their immediate dependents 931
from the funds or budgets from which the county officers or 932
employees are compensated for services:933

       (1) Group insurance policies that may provide benefitsany 934
of the following:935

       (a) Benefits including, but not limited to, hospitalization, 936
surgical care, major medical care, disability, dental care, eye 937
care, medical care, hearing aids, or prescription drugs, and that 938
may provide sickness;939

       (b) Sickness and accident insurance, group;940

       (c) Group legal services, or group;941

       (d) Group life insurance, or a.942

       (2) Any other qualified benefit available under section 125 943
of the "Internal Revenue Code of 1986," 26 U.S.C. 125;944

        (3) A health and wellness benefit program through which the 945
county provides a benefit or incentive to county officers, 946
employees, and their immediate dependents to maintain a healthy 947
lifestyle, including, but not limited to, programs to encourage 948
healthy eating and nutrition, exercise and physical activity, 949
weight control or the elimination of obesity, and cessation of 950
smoking or alcohol use.951

       (4) Any combination of any of the foregoing types of 952
insurance or, coverage, for county officers and employees and 953
their immediate dependents from the funds or budgets from which 954
the county officers or employees are compensated for services, 955
issued by an insurance companyor benefits.956

       (B) The board of county commissioners also may negotiate and 957
contract for any plan or plans of health care services with health 958
insuring corporations holding a certificate of authority under 959
Chapter 1751. of the Revised Code, provided that each county 960
officer or employee shall be permitted to do both of the 961
following:962

       (1) Exercise an option between a plan offered by an insurance 963
company and a plan or plans offered by health insuring 964
corporations under this division, on the condition that the county 965
officer or employee shall pay any amount by which the cost of the 966
plan chosen by the county officer or employee pursuant to this 967
division exceeds the cost of the plan offered under division (A) 968
of this section;969

       (2) Change from one of the plans to another at a time each 970
year as determined by the board.971

       (C) Section 307.86 of the Revised Code does not apply to the 972
purchase of benefits for county officers or employees under 973
divisions (A) and (B) of this section when those benefits are 974
provided through a jointly administered health and welfare trust 975
fund in which the county or contracting authority and a collective 976
bargaining representative of the county employees or contracting 977
authority agree to participate.978

       (D) The board of trustees of a jointly administered trust 979
fund that receives contributions pursuant to collective bargaining 980
agreements entered into between the board of county commissioners 981
of any county and a collective bargaining representative of the 982
employees of the county may provide for self-insurance of all risk 983
in the provision of fringe benefits, and may provide through the 984
self-insurance method specific fringe benefits as authorized by 985
the rules of the board of trustees of the jointly administered 986
trust fund. The fringe benefits may include, but are not limited 987
to, hospitalization, surgical care, major medical care, 988
disability, dental care, vision care, medical care, hearing aids, 989
prescription drugs, group life insurance, sickness and accident 990
insurance, group legal services, or a combination of any of the 991
foregoing types of insurance or coverage, for county employees and 992
their dependents.993

       (E) The board of county commissioners may provide the 994
benefits described in divisions (A) to (D) of this section through 995
an individual self-insurance program or a joint self-insurance 996
program as provided in section 9.833 of the Revised Code.997

       (F) When a board of county commissioners offers health998
benefits authorized under this section to a county officer or 999
employee, the board may offer the benefits through a cafeteria 1000
plan meeting the requirements of section 125 of the "Internal 1001
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 125, as 1002
amended, and, as part of that plan, may offer the county officer 1003
or employee the option of receiving a cash payment in any form 1004
permissible under such cafeteria plans. A cash payment made to a 1005
county officer or employee under this division shall not exceed 1006
twenty-five per cent of the cost of premiums or payments that 1007
otherwise would be paid by the board for benefits for the county 1008
officer or employee under a policy or plan.1009

       (G) The board of county commissioners may establish a policy 1010
authorizing any county appointing authority to make a cash payment 1011
to any county officer or employee in lieu of providing a benefit 1012
authorized under this section if the county officer or employee 1013
elects to take the cash payment instead of the offered benefit. A 1014
cash payment made to a county officer or employee under this 1015
division shall not exceed twenty-five per cent of the cost of 1016
premiums or payments that otherwise would be paid by the board for 1017
benefits for the county officer or employee under an offered 1018
policy or plan.1019

       (H) No cash payment in lieu of a health benefit shall be made 1020
to a county officer or employee under division (F) or (G) of this 1021
section unless the county officer or employee signs a statement 1022
affirming that the county officer or employee is covered under 1023
another health insurance or health care policy, contract, or plan, 1024
and setting forth the name of the employer, if any, that sponsors 1025
the coverage, the name of the carrier that provides the coverage, 1026
and the identifying number of the policy, contract, or plan.1027

        (I) The legislative authority of a county-operated municipal 1028
court, after consultation with the judges, or the clerk and deputy 1029
clerks, of the municipal court, shall negotiate and contract for, 1030
purchase, or otherwise procure, and pay the costs, premiums, or 1031
charges for, group health care coverage for the judges, and group 1032
health care coverage for the clerk and deputy clerks, in 1033
accordance with section 1901.111 or 1901.312 of the Revised Code.1034

       (J) As used in this section:1035

       (1) "County officer or employee" includes, but is not limited 1036
to, a member or employee of the county board of elections.1037

       (2) "County-operated municipal court" and "legislative 1038
authority" have the same meanings as in section 1901.03 of the 1039
Revised Code.1040

       (3) "Health care coverage" has the same meaning as in section 1041
1901.111 of the Revised Code.1042

       Sec. 305.23.  (A) As used in this section:1043

       (1) "County office" means the offices of the county 1044
commissioner, county auditor, county treasurer, county engineer, 1045
county recorder, county prosecuting attorney, county sheriff, 1046
county coroner, county park district, veterans service commission, 1047
clerk of the juvenile court, clerks of court for all divisions of 1048
the courts of common pleas, including the clerk of the court of 1049
common pleas, clerk of a county-operated municipal court, and 1050
clerk of a county court, and any agency, department, or division 1051
under the authority of, or receiving funding in whole or in part 1052
from, any of those county offices.1053

       (2) "Human resources" means any and all functions relating to 1054
human resource management, including civil service, employee 1055
benefits administration, collective bargaining, labor relations, 1056
risk management, workers' compensation, unemployment compensation, 1057
and any human resource management function required by state or 1058
federal law, but "human resources" does not authorize a board of 1059
county commissioners to adopt a resolution establishing a 1060
centralized human resource service that requires any county office 1061
to conform to any classification and compensation plan, position 1062
descriptions, or organizational structure; to determine the rate 1063
of compensation of any employee appointed by the appointing 1064
authority of a county office or the salary ranges for positions of 1065
a county office within the aggregate limits set in the 1066
appropriation resolution of the board of county commissioners; to 1067
determine the number of or the terms of employment of any employee 1068
appointed by the appointing authority of a county office within 1069
the aggregate limits set in the board's appropriation resolution; 1070
or to exercise powers relating to the hiring, qualifications, 1071
evaluation, suspension, demotion, disciplinary action, layoff, 1072
furloughing, establishment of a modified work-week schedule, or 1073
the termination of any employee appointed by the appointing 1074
authority of any county office.1075

       (B) Subject to division (C) of this section, a board of 1076
county commissioners may adopt a resolution establishing 1077
centralized purchasing, printing, transportation, vehicle 1078
maintenance, human resources, revenue collection, and mail 1079
operation services for a county office. Before adopting a 1080
resolution under this section, the board of county commissioners, 1081
in a written notice, shall inform any other county office that 1082
will be impacted by the resolution of the board's desire to 1083
establish a centralized service or services. The written notice 1084
shall include a statement that provides the rationale and the 1085
estimated savings anticipated for centralizing a service or 1086
services. In addition, the board may request any other county 1087
office to serve as the agent and responsible party for 1088
administering a centralized service or services. That county 1089
office may enter into an agreement with the board of county 1090
commissioners to administer the centralized service or services 1091
under such terms and conditions as are included in the agreement, 1092
but nothing in this section authorizes the board of county 1093
commissioners to require a county office to serve as the agent and 1094
responsible party for administering a centralized service or 1095
services at the board's request.1096

       A resolution establishing a centralized service or services 1097
shall specify all of the following:1098

       (1) The name of the county office that will be the agent and 1099
responsible party for administering a centralized service or 1100
services, and if the agent and responsible party is not the board 1101
of county commissioners, the designation of the county office that 1102
has entered into an agreement under division (B) of this section 1103
with the board to be the agent and responsible party;1104

       (2) Which county offices are required to use the centralized 1105
services;1106

       (3) If not all of the centralized services, which centralized 1107
service each county office must use;1108

       (4) A list of rates and charges the county office shall pay 1109
for the centralized services;1110

       (5) The date upon which each county office specified in the 1111
resolution shall begin using the centralized services.1112

       Not later than ten days after a resolution is adopted under 1113
this section, the clerk of the board of county commissioners shall 1114
send a copy of the resolution to each county office that is 1115
specified in the resolution.1116

       (C) A board of county commissioners shall not adopt a 1117
resolution that establishes a centralized service or services 1118
regarding any of the following:1119

       (1) Purchases made for contract services with moneys from the 1120
special fund designated as "general fund moneys to supplement the 1121
equipment needs of the county recorder" under section 317.321 of 1122
the Revised Code, from the real estate assessment fund established 1123
under section 325.31 of the Revised Code, or from the funds that 1124
are paid out of the general fund of the county under sections 1125
325.071 and 325.12 of the Revised Code;1126

       (2) Purchases made with moneys from the real estate 1127
assessment fund established under section 325.31 of the Revised 1128
Code;1129

       (3) Purchases of financial software used by the county 1130
auditor;1131

       (3)(4) The printing of county property tax bills;1132

       (4)(5) The collection of any taxes, assessments, and fees the 1133
county treasurer is required by law to collect;1134

       (5)(6) Purchases of software used by the county recorder.1135

       (D) Nothing in this section authorizes the board of county 1136
commissioners to have control or authority over funds that are 1137
received directly by a county office under another section of the 1138
Revised Code, or to control, or have authority regarding, the 1139
expenditure or use of such funds.1140

       Sec. 307.862.  (A) When a county contracting authority uses 1141
competitive sealed proposals pursuant to section 307.86 of the 1142
Revised Code, the county contracting authority shall do all of the 1143
following:1144

       (1) Develop factors and criteria to receive and evaluate each 1145
proposal, specify the relative importance of each factor or 1146
criterion in writing, and describe the evaluation procedures the 1147
contracting authority shall follow when awarding a contract to an 1148
offeror.1149

        (2) Solicit competitive sealed proposals through a request 1150
for proposals;1151

       (3) Include, at a minimum, all of the information described 1152
in division (B) of this section in the request for proposals;1153

        (4) Give notice of the request for proposals in the same 1154
manner that notice must be given for competitive bidding pursuant 1155
to section 307.87 of the Revised Code;. The county contracting 1156
authority also may give notice of the request for proposals and 1157
receive proposals through a uniform, interactive, and secure 1158
electronic system in a manner consistent with Chapter 1306. of the 1159
Revised Code.1160

       (5) Open proposals that the contracting authority receives in 1161
a manner that prevents the disclosure of contents of competing 1162
offers to competing offerors;1163

       (6) Rank each proposal using the factors and criteria the 1164
contracting authority develops pursuant to division (A)(1) of this 1165
section;1166

        (7) If necessary, conduct discussions with offerors for the 1167
purpose of ensuring full understanding of, and responsiveness to, 1168
the requirements specified in the request for proposals, and 1169
accord fair and equal treatment with respect to any opportunity 1170
for discussion with offerors to provide any clarification, 1171
correction, or revision of proposals;1172

        (8) If the contracting authority determines that discussions 1173
described in division (A)(7) of this section are necessary, avoid 1174
disclosing any information derived from proposals submitted by 1175
competing offerors during those discussions;1176

        (9) Negotiate with the offeror who submits the proposal that 1177
the contracting authority determines is the most advantageous to 1178
the county based on the rankings performed by the contracting 1179
authority pursuant to division (A)(6) of this section and 1180
including any adjustment to those rankings based on discussions 1181
conducted pursuant to division (A)(7) of this section;1182

        (10) Conduct negotiations with only one offeror at a time;1183

        (11) Except as provided in division (F) of this section, 1184
award a contract in accordance with division (E) of this section.1185

        (B) A contracting authority shall include, at a minimum, all 1186
of the following information in the contracting authority's 1187
request for proposals:1188

        (1) The name and address of the department, office, 1189
institution, board, or commission that is requesting to purchase 1190
supplies, services, or both;1191

        (2) Instructions for offerors to follow when submitting 1192
proposals;1193

        (3) Instructions governing communications between an offeror 1194
and the contracting authority, including, but not limited to, the 1195
name, title, and telephone number of the person to whom questions 1196
concerning the request for proposals should be directed;1197

        (4) A description of the scope of work that the contracting 1198
authority requests an offeror to perform or supplies the 1199
contracting authority plans to purchase;1200

        (5) To the extent possible, a description of the performance 1201
criteria the contracting authority shall require an offeror to 1202
satisfy, including but not limited to, the quantity of the 1203
supplies, services, or both, to be purchased; the requirements the 1204
contracting authority shall follow for inspection and acceptance 1205
of the supplies, services, or both; and the delivery schedule for 1206
each such supply or service;1207

        (6) The factors and criteria the contracting authority shall 1208
consider in evaluating proposals received;1209

        (7) Any terms and conditions that the contracting authority 1210
is required by law to include in the contract the contracting 1211
authority awards, including any requirement for a bond and the 1212
amount required for that bond;1213

        (8) The date and time by which, and the place to which an 1214
offeror must deliver the offeror's proposal to the contracting 1215
authority in order to be considered for the contract;1216

        (9) A list of any documents that the contracting authority 1217
incorporates by reference in the request for proposals, provided 1218
that the contracting authority specifies in the request for 1219
proposals that the documents are readily available to all offerors 1220
and the location where an offeror may obtain those documents;1221

        (10) A statement that includes all of the following 1222
information:1223

        (a) That the contracting authority reserves the right to 1224
reject any proposal in which the offeror takes exception to the 1225
terms and conditions of the request for proposals; fails to meet 1226
the terms and conditions of the request for proposals, including 1227
but not limited to, the standards, specifications, and 1228
requirements specified in the request for proposals; or submits 1229
prices that the contracting authority considers to be excessive, 1230
compared to existing market conditions, or determines exceed the 1231
available funds of the contracting authority;1232

        (b) That the contracting authority reserves the right to 1233
reject, in whole or in part, any proposal that the county 1234
contracting authority has determined, using the factors and 1235
criteria the contracting authority develops pursuant to division 1236
(A)(1) of this section, would not be in the best interest of the 1237
county;1238

        (c) That the contracting authority may conduct discussions 1239
with offerors who submit proposals for the purpose of 1240
clarifications or corrections regarding a proposal to ensure full 1241
understanding of, and responsiveness to, the requirements 1242
specified in the request for proposals.1243

        (11) Information concerning any potential partial or multiple 1244
party awards that the contracting authority may include in the 1245
contract, and a description of the supplies, services, or both 1246
that may be subject to a partial award or multiple awards;1247

        (12) Any additional information the contracting authority 1248
considers necessary for its purposes in determining to whom to 1249
award the contract.1250

       (C) In order to ensure fair and impartial evaluation, 1251
proposals and any documents or other records related to a 1252
subsequent negotiation for a final contract that would otherwise 1253
be available for public inspection and copying under section 1254
149.43 of the Revised Code shall not be available until after the 1255
award of the contract.1256

       (D) An offeror may withdraw the offeror's proposal at any 1257
time prior to the award of a contract. A contracting authority may 1258
terminate negotiations with an offeror at any time during the 1259
negotiation process if the offeror fails to provide the necessary 1260
information for negotiations in a timely manner or fails to 1261
negotiate in good faith. If the contracting authority terminates 1262
negotiations with an offeror, the contracting authority shall 1263
negotiate with the offeror whose proposal is ranked the next most 1264
advantageous to the county according to the factors and criteria 1265
developed pursuant to division (A)(1) of this section.1266

        (E) A county contracting authority may award a contract to 1267
the offeror whose proposal is determined to be the most 1268
advantageous to the county, taking into consideration the 1269
evaluation factors and criteria developed pursuant to division 1270
(A)(1) of this section and set forth in the request for proposals. 1271
A contracting authority may award a contract in whole or in part 1272
to one or more offerors. The contracting authority shall include a 1273
written statement in the contract file stating the basis on which 1274
the award is made.1275

       The contracting authority shall send a written notice to the 1276
offeror to whom it wishes to award the contract and shall make 1277
that notice available to the public. Within a reasonable time 1278
period after the award is made, the contracting authority shall 1279
notify all other offerors that the contract has been awarded to 1280
another offeror.1281

        (F) A contracting authority may cancel or reissue a request 1282
for proposals if any of the following apply:1283

        (1) The supplies or services offered through all of the 1284
proposals submitted to the contracting authority are not in 1285
compliance with the requirements, specifications, and terms and 1286
conditions set forth in the request for proposals;1287

        (2) The prices submitted by the offerors are excessive 1288
compared to existing market conditions or exceed the available 1289
funds of the contracting authority;1290

        (3) The contracting authority determines that award of a 1291
contract would not be in the best interest of the county.1292

       (G) A county contracting authority shall not use competitive 1293
sealed proposals for contracts for construction, design, 1294
demolition, alteration, repair, or reconstruction of a building, 1295
highway, drainage system, water system, road, street, alley, 1296
sewer, ditch, sewage disposal plant, waterworks, and all other 1297
structures or works of any nature by a county contracting 1298
authority.1299

       (H) Nothing in this section limits a county contracting 1300
authority's ability to award a contract under this section through 1301
the use of a uniform, interactive, and secure electronic system.1302

       Sec. 307.88.  (A) Bids submitted pursuant to sections 307.86 1303
to 307.92 of the Revised Code shall be in a form prescribed by the 1304
contracting authority and filed in a sealed envelopein the manner 1305
and at the time and place mentioned in the notice. The bids 1306
received shall be opened and tabulated at the time stated in the 1307
notice. Each bid shall contain the full name of each person 1308
submitting the bid. If the bid is in excess of twenty-five 1309
thousand dollars and for a contract for the construction, 1310
demolition, alteration, repair, or reconstruction of an 1311
improvement, it shall meet the requirements of section 153.54 of 1312
the Revised Code. If the bid is in excess of twenty-five thousand 1313
dollars and for any other contract authorized by sections 307.86 1314
to 307.92 of the Revised Code, it shall be accompanied by a bond 1315
or certified check, cashier's check, or money order on a solvent 1316
bank or savings and loan association in a reasonable amount stated 1317
in the notice but not to exceed five per cent of the bid, 1318
conditioned that the bidder, if the bidder's bid is accepted, 1319
shall execute a contract in conformity to the invitation and the 1320
bid.1321

       (B) The board of county commissioners, by a unanimous vote of 1322
the entire board, may permit a contracting authority to exempt a 1323
bid from any or all of the requirements of section 153.54 of the 1324
Revised Code if the estimated cost is twenty-five thousand dollars 1325
or less. If the board exempts a bid from any but not all of those 1326
requirements, the bid notice published in the newspaper pursuant 1327
to section 307.87 of the Revised Code shall state the specific bid 1328
guaranty requirements that apply. If the board exempts a bid from 1329
all requirements of section 153.54 of the Revised Code, the notice 1330
shall state that none of the requirements of that section apply.1331

       Sec. 329.01.  In each county, except as provided in section 1332
329.40 of the Revised Code, there shall be a county department of 1333
job and family services which, when so established, shall be 1334
governed by this chapter. The department shall consist of a county 1335
director of job and family services appointed by the board of 1336
county commissioners, and such assistants and other employees as 1337
are necessary for the efficient performance of the functions of 1338
the county department. Before entering upon the discharge of the 1339
director's official duties, the director shall give a bond, 1340
conditioned for the faithful performance of those official duties, 1341
in such sum as fixed by the board. The director may require any 1342
assistant or employee under the director's jurisdiction to give a 1343
bond in such sum as determined by the board. All bonds given under 1344
this section shall be with a surety or bonding company authorized 1345
to do business in this state, conditioned for the faithful 1346
performance of the duties of such director, assistant, or 1347
employee. The expense or premium for any bond required by this 1348
section shall be paid from the appropriation for administrative 1349
expenses of the department. Such bond shall be deposited with the 1350
county treasurer and kept in the treasurer's office.1351

       As used in the Revised Code:1352

       (A) "County department of job and family services" means the 1353
county department of job and family services established under 1354
this section, including an entity designated a county department 1355
of job and family services under section 307.981 of the Revised 1356
Code, or the joint county department of job and family services 1357
established under section 329.40 of the Revised Code.1358

       (B) "County director of job and family services" means the 1359
county director of job and family services appointed under this 1360
section or under section 329.41 of the Revised Code. 1361

       Sec. 329.40.  (A)(1) The boards of county commissioners of 1362
the counties of Hocking, Ross, and Vinton, by entering into a 1363
written agreement, may form a joint county department of job and 1364
family services to perform the duties, provide the services, and 1365
operate the programs required under this chapter. The formation of 1366
this joint county department of job and family services is a pilot 1367
project. The agreement shall be ratified by resolution of the 1368
board of county commissioners of each county that entered into the 1369
agreement. Each board of county commissioners that enters into the 1370
agreement shall give notice of the agreement to the Ohio 1371
department of job and family services at least ninety days before 1372
the agreement's effective date. The agreement shall take effect 1373
not earlier than the first day of the calendar quarter following 1374
the ninety-day notice period. The director of job and family 1375
services shall adopt, as an internal management rule under section 1376
111.15 of the Revised Code, the form in which the notice shall be 1377
given.1378

        (2) The boards of county commissioners of the counties 1379
forming the joint county department shall constitute, 1380
collectively, the board of directors of the joint county 1381
department of job and family services. On the effective date of 1382
the agreement, the board of directors shall take control of and 1383
manage the joint county department subject to this chapter and all 1384
other sections of the Revised Code that govern the authority and 1385
responsibilities of a single board of county commissioners in the 1386
operation of a single county department of job and family 1387
services.1388

       (B)(1) The agreement to establish the joint county department 1389
shall specify all of the following:1390

       (a) The obligations of each board of county commissioners in 1391
operating the joint county department, including requiring each 1392
board to provide state, federal, and county funds to the operation 1393
of the joint county department and the schedule for provision of 1394
those funds;1395

       (b) How and which facilities, equipment, and personnel will 1396
be shared;1397

       (c) Procedures for the division of resources and obligations 1398
should a county or counties withdraw from the joint county 1399
department, or should the department cease to exist;1400

       (d) Any contributions of participating counties establishing 1401
the joint county department and the rights of those counties in 1402
lands or personal property, or rights or interests therein, 1403
contributed to or otherwise acquired by the joint county 1404
department.1405

       (2) The agreement to establish the joint county department 1406
may set forth any or all of the following:1407

       (a) Quality, timeliness, and other standards to be met by 1408
each county;1409

       (b) Which family service programs and functions are to be 1410
included in the joint county department;1411

       (c) Procedures for the operation of the board of directors, 1412
including procedures governing the frequency of meetings and the 1413
number of members of the board required to constitute a quorum to 1414
take action;1415

       (d) Any other procedures or standards necessary for the joint 1416
county department to perform its duties and operate efficiently.1417

       (C) The agreement may be amended by a majority vote of the 1418
board of directors of the joint county department, but no 1419
amendment shall divest a participating county of any right or 1420
interest in lands or personal property without its consent.1421

       (D) Costs incurred in operating the joint county department 1422
shall be paid from a joint general fund created by the board of 1423
directors, except as may be otherwise provided in the agreement.1424

       Sec. 329.41.  (A) The board of directors of the joint county 1425
department of job and family services formed under section 329.40 1426
of the Revised Code shall appoint and fix the compensation of a 1427
director of the department. The director shall serve at the 1428
pleasure of the board of directors. Under the direction and 1429
control of the board, the director shall have full charge of the 1430
department as set forth in section 329.02 of the Revised Code for 1431
the director of a single county department of job and family 1432
services.1433

       (B) The board of directors may appoint up to three 1434
administrators to oversee services provided by the joint county 1435
department. Administrators shall be in the unclassified service.1436

       (C) Employees of the joint county department of job and 1437
family services shall be appointed by the director of the joint 1438
county department and, except as provided in this section, shall 1439
be in the classified service. The employees of the joint county 1440
department shall be considered county employees for the purposes 1441
of Chapter 124. of the Revised Code and other provisions of state 1442
law applicable to county employees. Instead of or in addition to 1443
appointing these employees, the board of directors may agree to 1444
use the employees of one or more of the counties that formed the 1445
joint county department in the service of the joint county 1446
department and to share in their compensation in any manner that 1447
may be agreed upon.1448

       (D) Notwithstanding any other section of the Revised Code, if 1449
an employee's separation from county service occurs in connection 1450
with a county joining or withdrawing from the joint county 1451
department of job and family services, the board of county 1452
commissioners that initially appointed the employee shall have no 1453
obligation to pay any compensation with respect to unused vacation 1454
or sick leave accrued to the credit of the employee if the 1455
employee accepts employment with the joint county department or a 1456
withdrawing county. At the effective time of separation from 1457
county service, the joint county department or the withdrawing 1458
county, as the case may be, shall assume such unused vacation and 1459
sick leave accrued to the employee's credit.1460

       Sec. 329.42.  The county auditor of the county with the 1461
largest population that formed the joint county department of job 1462
and family services under section 329.40 of the Revised Code shall 1463
serve as the fiscal officer of the joint county department, and 1464
the county treasurer of that county shall serve as the treasurer 1465
of the joint county department, unless the counties that formed 1466
the joint county department agree to appoint the county auditor 1467
and county treasurer of another county that formed the department. 1468
In either case, these county officers shall perform any applicable 1469
duties for the joint county department as each typically performs 1470
for the county of which the individual is an officer. The board of 1471
directors of the joint county department may pay to that county 1472
any amount agreed upon by the board of directors and the board of 1473
county commissioners of that county to reimburse the county for 1474
the costs that are properly allocable to the service of its 1475
officers as fiscal officer and treasurer of the joint county 1476
department.1477

       Sec. 329.43.  (A) The prosecuting attorney of the county with 1478
the largest population that formed the joint county department of 1479
job and family services under section 329.40 of the Revised Code 1480
shall serve as the legal advisor of the board of directors of the 1481
joint county department, unless the counties that formed the joint 1482
county department agree to appoint the prosecuting attorney of 1483
another county that formed the joint county department as legal 1484
advisor of the board. The board of directors may pay to the county 1485
of the prosecuting attorney who is the legal advisor of the board 1486
any amount agreed upon by the board of directors and the board of 1487
county commissioners of that county to reimburse that county for 1488
the costs that are properly allocable to the service of its 1489
prosecuting attorney as the legal advisor of the board of 1490
directors.1491

       (B) The prosecuting attorney shall provide such services to 1492
the board of directors as are required or authorized to be 1493
provided to other county boards under Chapter 309. of the Revised 1494
Code.1495

       (C)(1) If the board of directors of the joint county 1496
department wishes to employ other legal counsel on an annual basis 1497
to serve as the board's legal advisor in place of the prosecuting 1498
attorney, the board may do so with the agreement of the 1499
prosecuting attorney. If the prosecuting attorney does not agree, 1500
the board of directors may apply to the court of common pleas of 1501
the county with the largest population that formed the joint 1502
county department for authority to employ other legal counsel on 1503
an annual basis.1504

       (2) If the board of directors of the joint county department 1505
wishes to employ other legal counsel to represent or advise the 1506
board on a particular matter in place of the prosecuting attorney, 1507
the board may do so with the agreement of the prosecuting 1508
attorney. If the prosecuting attorney does not agree, the board of 1509
directors may apply to the court of common pleas of the county 1510
with the largest population that formed the joint county 1511
department for authority to employ other legal counsel for that 1512
particular matter.1513

       (3) The prosecuting attorney who is the legal advisor of the 1514
board of directors shall be given notice of an application filed 1515
under division (C)(1) or (2) of this section and shall be afforded 1516
an opportunity to be heard. After the hearing, the court may 1517
authorize the board of directors to employ other legal counsel on 1518
an annual basis or for a particular matter only if it finds that 1519
the prosecuting attorney refuses or is unable to provide the legal 1520
services that the board requires. If the board of directors 1521
employs other legal counsel on an annual basis or for a particular 1522
matter, the board may not require the prosecuting attorney to 1523
provide legal advice, opinions, or other legal services during the 1524
period or to the extent that the board employs the other legal 1525
counsel.1526

       Sec. 329.44.  (A) A board of directors of the joint county 1527
department of job and family services formed under section 329.40 1528
of the Revised Code may acquire, by purchase or lease, real 1529
property, equipment, and systems to improve, maintain, or operate 1530
family service programs within the territory served by the joint 1531
county department. A board of county commissioners may acquire, 1532
within its county, real property or any estate, interest, or right 1533
therein, by appropriation or any other method, for use by the 1534
joint county department in connection with its provision of 1535
services. Appropriation proceedings shall be conducted in 1536
accordance with Chapter 163. of the Revised Code.1537

       (B) A board of county commissioners that formed the joint 1538
county department may contribute lands or rights or interests 1539
therein, money, other personal property or rights or interests 1540
therein, or services to the joint county department. The board of 1541
county commissioners may issue bonds or bond anticipation notes of 1542
the county to pay the cost of acquiring real property and of 1543
constructing, modifying, or upgrading a facility to house 1544
employees of the joint county department. The board of directors 1545
of the joint county department may reimburse the county for the 1546
use of such a facility if it is required to do so under the 1547
agreement entered into under section 329.40 of the Revised Code.1548

       Sec. 329.45.  (A)(1) A board of county commissioners may pass 1549
a resolution requesting to withdraw from the agreement 1550
establishing the joint county department of job and family 1551
services formed under section 329.40 of the Revised Code. Upon 1552
adopting such a resolution, the board of county commissioners 1553
shall deliver a copy of the resolution to the board of directors 1554
of the joint county department. Upon receiving the resolution, the 1555
board of directors shall deliver written notice of the requested 1556
withdrawal to the boards of county commissioners of the other 1557
county or counties that formed the joint county department. Within 1558
thirty days after receiving the notice, each of those boards of 1559
county commissioners shall adopt a resolution either accepting the 1560
withdrawal or objecting to the withdrawal, and shall deliver a 1561
copy of the resolution to the board of directors.1562

       (2) If any of the boards of county commissioners that formed 1563
the joint county department adopts a resolution objecting to the 1564
requested withdrawal, the board of directors shall deliver written 1565
notice of the objection to each other board of county 1566
commissioners of the counties that formed the joint county 1567
department, including the board of county commissioners of the 1568
county proposing withdrawal, and shall schedule a meeting of the 1569
board of directors to be held within thirty days to discuss the 1570
objection. After the meeting, the board of directors shall 1571
determine whether the county requesting withdrawal desires to 1572
proceed with the withdrawal and, if the county does, the board of 1573
directors shall accept the withdrawal. Not later than thirty days 1574
after the determination was made, the board of directors shall 1575
deliver written notice of the withdrawal to the boards of county 1576
commissioners that formed the joint county department and to the 1577
board of county commissioners that requested withdrawal, and shall 1578
commence the withdrawal process under this section.1579

       (3) If all of the boards of county commissioners that formed 1580
the joint county department, except for the board of county 1581
commissioners requesting the withdrawal, each adopt a resolution 1582
accepting the withdrawal, the board of directors shall declare the 1583
withdrawal to be accepted. Not later than thirty days after the 1584
declaration, the board of directors shall deliver written notice 1585
of the withdrawal to all of the boards of county commissioners 1586
that formed the joint county department, including the board of 1587
county commissioners of the county requesting withdrawal, and 1588
shall commence the withdrawal process under this section.1589

       (4) The board of directors shall give notice to the Ohio 1590
department of job and family services of the withdrawal of a 1591
county under this section at least ninety days before the 1592
withdrawal becomes final. The director of job and family services 1593
shall adopt, as an internal management rule under section 111.15 1594
of the Revised Code, the form in which the notice shall be given.1595

        (5) If a county requesting to withdraw decides to remain as a 1596
party to the agreement establishing the joint county department, 1597
the board of county commissioners of that county shall rescind its 1598
original resolution requesting withdrawal and shall deliver a copy 1599
of the rescission to the board of directors of the joint county 1600
department within thirty days after adopting the rescission.1601

       (B) If a county withdraws from the agreement under this 1602
section, the board of directors shall ascertain, apportion, and 1603
order a division of the funds on hand, credits, and real and 1604
personal property of the joint county department, either in money 1605
or in kind, on an equitable basis between the joint county 1606
department and the withdrawing county according to the agreement 1607
entered into under section 329.40 of the Revised Code and 1608
consistent with any prior contributions of the withdrawing county 1609
to the joint county department. Any debt incurred individually 1610
shall remain the responsibility of that county, unless otherwise 1611
specified in the agreement establishing the joint county 1612
department.1613

       (C) A withdrawal becomes final not earlier than the first day 1614
of the calendar quarter following the ninety-day notice period 1615
required by division (A)(4) of this section. On and after that 1616
day, the withdrawing county ceases to be a part of the joint 1617
county department, and its members of the board of directors shall 1618
cease to be members of that board.1619

       (D) If the withdrawal of one or more counties would leave 1620
only one county participating in the joint county department, the 1621
board of directors shall ascertain, apportion, and order a final 1622
division of the funds on hand, credits, and real and personal 1623
property of the joint county department. On and after the day on 1624
which the latest withdrawal of a county becomes final, the joint 1625
county department is dissolved. When the joint county department 1626
is dissolved and any indebtedness remains unpaid, the boards of 1627
county commissioners that formed the joint county department shall 1628
pay the indebtedness of the joint county department in the amounts 1629
established by the agreement at the time the indebtedness was 1630
incurred.1631

       Sec. 329.46.  (A) A board of county commissioners that formed 1632
the joint county department of job and family services under 1633
section 329.40 of the Revised Code, by adopting a resolution, may 1634
propose the removal of another county that formed the joint county 1635
department. The board of county commissioners shall send a copy of 1636
such a resolution to the board of directors of the joint county 1637
department. Within ten days after receiving the copy of the 1638
resolution, the board of directors shall send a copy of the 1639
resolution to each board of county commissioners that formed the 1640
joint county department, except the board of county commissioners 1641
proposing removal. Within thirty days after sending a copy of the 1642
resolution, the board of directors shall hold a hearing at which 1643
any county commissioner whose county formed the joint county 1644
department may present arguments for or against the removal. At 1645
the hearing, approval or disapproval of the removal shall be 1646
determined by a two-thirds vote of the county commissioners of the 1647
counties that formed the joint county department, with the 1648
exception of the county commissioners of the county proposed for 1649
removal.1650

       (B) The board of directors of the joint county department of 1651
job and family services, by adopting a resolution by a majority 1652
vote of the members of the board, may propose removal of a county 1653
that formed the joint county department. Within ten days after 1654
adopting such a resolution, the board of directors shall send a 1655
copy of the resolution to the board of county commissioners of 1656
each county that formed the joint county department, including the 1657
board of county commissioners of the county proposed for removal. 1658
Within thirty days after sending the copy of the resolution, the 1659
board of directors shall hold a hearing at which any member of the 1660
board may present arguments for or against the removal. At this 1661
hearing, approval or disapproval of the resolution proposing 1662
removal shall be determined by a two-thirds vote of the members of 1663
the board of directors, with the exception of the board members 1664
who represent the county proposed for removal.1665

       (C) If removal of a county is approved under this section, 1666
the board of directors shall give written notice of the approval 1667
to the Ohio department of job and family services at least ninety 1668
days before the removal takes effect. The director of job and 1669
family services shall adopt, as an internal management rule under 1670
section 111.15 of the Revised Code, the form in which the notice 1671
shall be given.1672

        (D) Removal of a county under this section shall take effect 1673
not earlier than the first day of the calendar quarter following 1674
the ninety-day notice period required by division (C) of this 1675
section.1676

        (E) If, at any time, the county proposed for removal under 1677
division (A) or (B) of this section notifies the board of 1678
directors, by a majority vote of that county's board of county 1679
commissioners, that it chooses to withdraw from the joint county 1680
department, the withdrawal procedure established under section 1681
329.45 of the Revised Code shall be put immediately into motion.1682

       Sec. 330.04.  If, for the purpose of Chapter 6301. of the 1683
Revised Code, a county is the type of local area defined in 1684
division (A)(2) of section 6301.01 of the Revised Code, the board 1685
of county commissioners serving the county shall adopt a 1686
resolution establishing or designating a workforce development 1687
agency to provide workforce development activities for the county. 1688
The board shall adopt the resolution not later than July 1, 2000. 1689

       The board may establish or designate any of the following as 1690
the workforce development agency:1691

       (A) The county department of job and family services;1692

       (B) A separate agency under the direct control of the board 1693
and administered by an official appointed by the board;1694

       (C) An entity serving the county on the effective date of 1695
this section in a capacity similar to the capacity in which a 1696
workforce development agency is to serve the county on and after 1697
the effective date of this section;1698

       (D) An entity located in or outside the county that provides 1699
workforce development activities in the county on the effective 1700
date of this section;1701

       (E) Any private or government entity designated under section 1702
307.981 of the Revised Code;1703

       (F) The joint county department of job and family services 1704
established under section 329.40 of the Revised Code.1705

       Sec. 349.01.  As used in this chapter:1706

       (A) "New community" means a community or an addition to an 1707
existing community planned pursuant to this chapter so that it 1708
includes facilities for the conduct of industrial, commercial, 1709
residential, cultural, educational, and recreational activities, 1710
and designed in accordance with planning concepts for the 1711
placement of utility, open space, and other supportive facilities.1712

       In the case of a new community authority established on or1713
within three years after the effective date of this amendment and 1714
before January 1, 2012H.B. 225 of the 129th general assembly, 1715
"new community" may mean a community or development of property 1716
planned under this chapter in relation to an existing community so 1717
that the community includes facilities for the conduct of 1718
community activities, and is designed in accordance with planning 1719
concepts for the placement of utility, open space, and other 1720
supportive facilities for the community.1721

       (B) "New community development program" means a program for 1722
the development of a new community characterized by well-balanced 1723
and diversified land use patterns and which includes land 1724
acquisition and land development, the acquisition, construction, 1725
operation, and maintenance of community facilities, and the 1726
provision of services authorized in this chapter.1727

       In the case of a new community authority established on or1728
within three years after the effective date of this amendment and 1729
before January 1, 2012H.B. 225 of the 129th general assembly, a 1730
new community development program may take into account any 1731
existing community in relation to which a new community is 1732
developed for purposes of being characterized by well-balanced and 1733
diversified land use patterns.1734

       (C) "New community district" means the area of land described 1735
by the developer in the petition as set forth in division (A) of 1736
section 349.03 of the Revised Code for development as a new 1737
community and any lands added to the district by amendment of the 1738
resolution establishing the community authority.1739

       (D) "New community authority" means a body corporate and 1740
politic in this state, established pursuant to section 349.03 of 1741
the Revised Code and governed by a board of trustees as provided 1742
in section 349.04 of the Revised Code.1743

       (E) "Developer" means any person, organized for carrying out 1744
a new community development program who owns or controls, through 1745
leases of at least seventy-five years' duration, options, or 1746
contracts to purchase, the land within a new community district, 1747
or any municipal corporation, county, or port authority that owns 1748
the land within a new community district, or has the ability to 1749
acquire such land, either by voluntary acquisition or condemnation 1750
in order to eliminate slum, blighted, and deteriorated or 1751
deteriorating areas and to prevent the recurrence thereof. In the 1752
case of a new community authority established on orwithin three 1753
years after the effective date of this amendment and before 1754
January 1, 2012H.B. 225 of the 129th general assembly, 1755
"developer" may mean a person, municipal corporation, county, or 1756
port authority that controls land within a new community district 1757
through leases of at least forty years' duration.1758

       (F) "Organizational board of commissioners" means, if the new 1759
community district is located in only one county, the board of 1760
county commissioners of such county; if located in more than one 1761
county, a board consisting of the members of the board of county 1762
commissioners of each of the counties in which the district is 1763
located, provided that action of such board shall require a 1764
majority vote of the members of each separate board of county 1765
commissioners; or, if more than half of the new community district 1766
is located within the boundaries of the most populous municipal 1767
corporation of a county, the legislative authority of the 1768
municipal corporation.1769

       (G) "Land acquisition" means the acquisition of real property 1770
and interests in real property as part of a new community 1771
development program.1772

       (H) "Land development" means the process of clearing and 1773
grading land, making, installing, or constructing water 1774
distribution systems, sewers, sewage collection systems, steam, 1775
gas, and electric lines, roads, streets, curbs, gutters, 1776
sidewalks, storm drainage facilities, and other installations or 1777
work, whether within or without the new community district, and 1778
the construction of community facilities.1779

       (I)(1) "Community facilities" means all real property, 1780
buildings, structures, or other facilities, including related 1781
fixtures, equipment, and furnishings, to be owned, operated, 1782
financed, constructed, and maintained under this chapter, 1783
including public, community, village, neighborhood, or town 1784
buildings, centers and plazas, auditoriums, day care centers, 1785
recreation halls, educational facilities, hospital facilities as 1786
defined in section 140.01 of the Revised Code, recreational 1787
facilities, natural resource facilities, including parks and other 1788
open space land, lakes and streams, cultural facilities, community 1789
streets, pathway and bikeway systems, pedestrian underpasses and 1790
overpasses, lighting facilities, design amenities, or other 1791
community facilities, and buildings needed in connection with 1792
water supply or sewage disposal installations or steam, gas, or 1793
electric lines or installation.1794

       (2) In the case of a new community authority established on 1795
orwithin three years after the effective date of this amendment 1796
and before January 1, 2012H.B. 225 of the 129th general assembly, 1797
"community facilities" may mean, in addition to the facilities 1798
authorized in division (I)(1) of this section, any community 1799
facilities that are owned, operated, financed, constructed, or 1800
maintained for, relating to, or in furtherance of community 1801
activities, including, but not limited to, town buildings or other 1802
facilities, health care facilities including, but limited to, 1803
hospital facilities, and off-street parking facilities.1804

       (J) "Cost" as applied to a new community development program 1805
means all costs related to land acquisition and land development, 1806
the acquisition, construction, maintenance, and operation of 1807
community facilities and offices of the community authority, and 1808
of providing furnishings and equipment therefor, financing charges 1809
including interest prior to and during construction and for the 1810
duration of the new community development program, planning 1811
expenses, engineering expenses, administrative expenses including 1812
working capital, and all other expenses necessary and incident to 1813
the carrying forward of the new community development program.1814

       (K) "Income source" means any and all sources of income to 1815
the community authority, including community development charges 1816
of which the new community authority is the beneficiary as 1817
provided in section 349.07 of the Revised Code, rentals, user fees 1818
and other charges received by the new community authority, any 1819
gift or grant received, any moneys received from any funds 1820
invested by or on behalf of the new community authority, and 1821
proceeds from the sale or lease of land and community facilities.1822

       (L) "Community development charge" means:1823

       (1) A dollar amount which shall be determined on the basis of 1824
the assessed valuation of real property or interests in real 1825
property in a new community district sold, leased, or otherwise 1826
conveyed by the developer or the new community authority, the 1827
income of the residents of such property subject to such charge 1828
under section 349.07 of the Revised Code, if such property is 1829
devoted to residential uses or to the profits of any business, a 1830
uniform fee on each parcel of such real property originally sold, 1831
leased, or otherwise conveyed by the developer or new community 1832
authority, or any combination of the foregoing bases.1833

        (2) For a new community authority that is established on or1834
within three years after the effective date of this amendment and 1835
before January 1, 2012H.B. 225 of the 129th general assembly, 1836
"community development charge" includes, in addition to the 1837
charges authorized in division (L)(1) of this section, a charge 1838
determined on the basis of all or a part of the income of the 1839
residents of real property within the new community district if 1840
such property is devoted to residential uses, or all or a part of 1841
the profits, gross receipts, or other revenues of any business 1842
operating in the new community district.1843

       (M) "Proximate city" means any city that, as of the date of 1844
filing of the petition under section 349.03 of the Revised Code, 1845
is the city with the greatest population located in the county in 1846
which the proposed new community district is located, is the city 1847
with the greatest population located in an adjoining county if any 1848
portion of such city is within five miles of any part of the 1849
boundaries of such district, or exercises extraterritorial 1850
subdivision authority under section 711.09 of the Revised Code 1851
with respect to any part of such district.1852

       In the case of a new community authority that is established 1853
within three years after the effective date of H.B. 225 of the 1854
129th general assembly, "proximate city" may mean a municipal 1855
corporation in which, at the time of filing the petition under 1856
section 349.03 of the Revised Code, any portion of the proposed 1857
new community district is located, or, if at the time of that 1858
filing more than one-half of the proposed district is contained 1859
within a joint economic development district created under 1860
sections 715.70 to 715.83 of the Revised Code, the township 1861
containing the greatest portion of the territory of the joint 1862
economic development district.1863

       (N) "Community activities" means cultural, educational, 1864
governmental, recreational, residential, industrial, commercial, 1865
distribution and research activities, or any combination thereof 1866
that includes residential activities.1867

       Sec. 349.03.  (A) Proceedings for the organization of a new 1868
community authority shall be initiated by a petition filed by the 1869
developer in the office of the clerk of the board of county 1870
commissioners of one of the counties in which all or part of the 1871
proposed new community district is located. Such petition shall be 1872
signed by the developer and may be signed by each proximate city. 1873
The legislative authorities of each such proximate city shall act 1874
in behalf of such city. Such petition shall contain:1875

       (1) The name of the proposed new community authority;1876

       (2) The address where the principal office of the authority 1877
will be located or the manner in which the location will be 1878
selected;1879

       (3) A map and a full and accurate description of the 1880
boundaries of the new community district together with a 1881
description of the properties within such boundaries, if any, 1882
which will not be included in the new community district. Unless 1883
the district is wholly contained within municipalities, the1884

       The total acreage included in such district shall not be less 1885
than one thousand acres, all of which acreage shall be owned by, 1886
or under the control through leases of at least seventy-five 1887
years' duration, options, or contracts to purchase, of the 1888
developer, if the developer is a private entity. Such acreage1889
unless one of the following applies:1890

       (a) The district is wholly contained within municipal 1891
corporations.1892

       (b) In the case of a new community authority that is 1893
established within three years after the effective date of H.B. 1894
225 of the 129th general assembly, more than one-half of the 1895
proposed district is, at the time of filing the petition under 1896
section 349.03 of the Revised Code, contained within a joint 1897
economic development district created under sections 715.70 to 1898
715.83 of the Revised Code.1899

       The acreage included in a proposed district shall be 1900
developable as one functionally interrelated community. In the 1901
case of a new community authority established on or after the 1902
effective date of this amendmentJuly 7, 2010, and before January 1903
1, 2012, such leases may be of not less than forty years' 1904
duration, and the acreage may be developable so that the community 1905
is one functionally interrelated community.1906

       (4) A statement setting forth the zoning regulations proposed 1907
for zoning the area within the boundaries of the new community 1908
district for comprehensive development as a new community, and if 1909
the area has been zoned for such development, a certified copy of 1910
the applicable zoning regulations therefor;1911

       (5) A current plan indicating the proposed development 1912
program for the new community district, the land acquisition and 1913
land development activities, community facilities, services 1914
proposed to be undertaken by the new community authority under 1915
such program, the proposed method of financing such activities and 1916
services, including a description of the bases, timing, and manner 1917
of collecting any proposed community development charges, and the 1918
projected total residential population of, and employment within, 1919
the new community;1920

       (6) A suggested number of members, consistent with section 1921
349.04 of the Revised Code, for the board of trustees;1922

       (7) A preliminary economic feasibility analysis, including 1923
the area development pattern and demand, location and proposed new 1924
community district size, present and future socio-economic 1925
conditions, public services provision, financial plan, and the 1926
developer's management capability;1927

       (8) A statement that the development will comply with all 1928
applicable environmental laws and regulations.1929

       Upon the filing of such petition, the organizational board of 1930
commissioners shall determine whether such petition complies with 1931
the requirements of this section as to form and substance. The 1932
board in subsequent proceedings may at any time permit the 1933
petition to be amended in form and substance to conform to the 1934
facts by correcting any errors in the description of the proposed 1935
new community district or in any other particular.1936

       Upon the determination of the organizational board of 1937
commissioners that a sufficient petition has been filed in 1938
accordance with this section, the board shall fix the time and 1939
place of a hearing on the petition for the establishment of the 1940
proposed new community authority. Such hearing shall be held not 1941
less than ninety-five nor more than one hundred fifteen days after 1942
the petition filing date, except that if the petition has been 1943
signed by all proximate cities, such hearing shall be held not 1944
less than thirty nor more than forty-five days after the petition 1945
filing date. The clerk of the board of county commissioners with 1946
which the petition was filed shall give notice thereof by 1947
publication once each week for three consecutive weeks, or as 1948
provided in section 7.16 of the Revised Code, in a newspaper of 1949
general circulation in any county of which a portion is within the 1950
proposed new community district. Such clerk shall also give 1951
written notice of the date, time, and place of the hearing and 1952
furnish a certified copy of the petition to the clerk of the 1953
legislative authority of each proximate city which has not signed 1954
such petition. In the event that the legislative authority of a 1955
proximate city which did not sign the petition does not approve by 1956
ordinance, resolution, or motion the establishment of the proposed 1957
new community authority and does not deliver such ordinance, 1958
resolution, or motion to the clerk of the board of county 1959
commissioners with which the petition was filed within ninety days 1960
following the date of the first publication of the notice of the 1961
public hearing, the organizational board of commissioners shall 1962
cancel such public hearing and terminate the proceedings for the 1963
establishment of the new community authority. 1964

       Upon the hearing, if the organizational board of 1965
commissioners determines by resolution that the proposed new 1966
community district will be conducive to the public health, safety, 1967
convenience, and welfare, and is intended to result in the 1968
development of a new community, the board shall by its resolution, 1969
entered of record in its journal and the journal of the board of 1970
county commissioners with which the petition was filed, declare 1971
the new community authority to be organized and a body politic and 1972
corporate with the corporate name designated in the resolution, 1973
and define the boundary of the new community district. In 1974
addition, the resolution shall provide the method of selecting the 1975
board of trustees of the new community authority and fix the 1976
surety for their bonds in accordance with section 349.04 of the 1977
Revised Code.1978

       If the organizational board of commissioners finds that the 1979
establishment of the district will not be conducive to the public 1980
health, safety, convenience, or welfare, or is not intended to 1981
result in the development of a new community, it shall reject the 1982
petition thereby terminating the proceedings for the establishment 1983
of the new community authority.1984

       (B) At any time after the creation of a new community 1985
authority, the developer may file an application with the clerk of 1986
the board of county commissioners of the county in which the 1987
original petition was filed, setting forth a general description 1988
of territory it desires to add or to delete from such district, 1989
that such change will be conducive to the public health, safety, 1990
convenience, and welfare, and will be consistent with the 1991
development of a new community and will not jeopardize the plan of 1992
the new community. If the developer is not a municipal 1993
corporation, port authority, or county, all of such an addition to 1994
such a district shall be owned by, or under the control through 1995
leases of at least seventy-five years' duration, options, or 1996
contracts to purchase, of the developer. In the case of a new 1997
community authority established on or after the effective date of 1998
this amendmentJuly 7, 2010, and before January 1, 2012, such 1999
leases may be of not less than forty years' duration. Upon the 2000
filing of the application, the organizational board of 2001
commissioners shall follow the same procedure as required by this 2002
section in relation to the petition for the establishment of the 2003
proposed new community.2004

       (C) If all or any part of the new community district is 2005
annexed to one or more existing municipal corporations, their 2006
legislative authorities may appoint persons to replace any 2007
appointed citizen member of the board of trustees. The number of 2008
such trustees to be replaced by the municipal corporation shall be 2009
the number, rounded to the lowest integer, bearing the 2010
proportionate relationship to the number of existing appointed 2011
citizen members as the acreage of the new community district 2012
within such municipal corporation bears to the total acreage of 2013
the new community district. If any such municipal corporation 2014
chooses to replace an appointed citizen member, it shall do so by 2015
ordinance, the term of the trustee being replaced shall terminate 2016
thirty days from the date of passage of such ordinance, and the 2017
trustee to be replaced shall be determined by lot. Each newly 2018
appointed member shall assume the term of the member's 2019
predecessor.2020

       Sec. 349.04.  The following method of selecting a board of 2021
trustees is deemed to be a compelling state interest. Within ten 2022
days after the new community authority has been established, as 2023
provided in section 349.03 of the Revised Code, an initial board 2024
of trustees shall be appointed as follows;: the organizational 2025
board of commissioners shall appoint by resolution at least three, 2026
but not more than six, citizen members of the board of trustees to 2027
represent the interests of present and future residents of the new 2028
community district and one member to serve as a representative of 2029
local government, and the developer shall appoint a number of 2030
members equal to the number of citizen members to serve as 2031
representatives of the developer. In the case of a new community 2032
authority established on orwithin three years after the effective 2033
date of this amendment and before January 1, 2012H.B. 225 of the 2034
129th general assembly, the citizen members may represent present 2035
and future employers within the new community district and any 2036
present or future residents of the district.2037

       Members shall serve two-year overlapping terms, with two of 2038
each of the initial citizen and developer members appointed to 2039
serve initial one year terms. The organizational board of 2040
commissioners shall adopt, by further resolution adopted within 2041
one year of such resolution establishing such initial board of 2042
trustees adopt, a method for selection of successor members 2043
thereof which determines the projected total population of the 2044
projected new community and meets the following criteria:2045

       (A) The appointed citizen members shall be replaced by 2046
elected citizen members according to a schedule established by the 2047
organizational board of commissioners calculated to achieve one 2048
such replacement each time the new community district gains a 2049
proportion, having a numerator of one and a denominator of twice 2050
the number of citizen members, of its projected total population 2051
until such time as all of the appointed citizen members are 2052
replaced.2053

       (B) Representatives of the developer shall be replaced by 2054
elected citizen members according to a schedule established by the 2055
organizational board of commissioners calculated to achieve one 2056
such replacement each time the new community district gains a 2057
proportion, having a numerator of one and a denominator equal to 2058
the number of developer members, of its projected total population 2059
until such time as all of the developer's representatives are 2060
replaced.2061

       (C) The representative of local government shall be replaced 2062
by an elected citizen member at the time the new community 2063
district gains three-quarters of its projected total population.2064

       Elected citizen members of the board of trustees shall be 2065
elected by a majority of the residents of the new community 2066
district voting at elections held on the first Tuesday after the 2067
first Monday in December of each year. Each citizen member except 2068
an appointed citizen member shall be a qualified elector who 2069
resides within the new community district. In the case of a new 2070
community authority established on orfor which a petition is 2071
filed within three years after the effective date of this 2072
amendment and before January 1, 2012H.B. 225 of the 129th general 2073
assembly, the organizational board of directorscommissioners, by 2074
resolution, may adopt an alternative method of selection of2075
selecting or electing successor members of the board of trustees. 2076
If the alternative method provides for the election of citizen 2077
members, the elections may be held at the times and in the manner 2078
provided in the petition or in a resolution of the organizational 2079
board of commissioners, and the elected citizen members shall be 2080
qualified electors who residesreside in the new community 2081
district.2082

       Citizen members shall not be employees of or have financial 2083
interest in the developer. If a vacancy occurs in the office of a 2084
member other than a member appointed by the developer, the 2085
organizational board of commissioners may appoint a successor 2086
member for the remainder of the unexpired term. Any appointed 2087
member of the board of trustees may at any time be removed by the 2088
organizational board of commissioners for misfeasance, 2089
nonfeasance, or malfeasance in office. Members appointed by the 2090
developer may also at any time be removed by the developer without 2091
a showing of cause.2092

       Each member of the board of trustees, before entering upon 2093
official duties, shall take and subscribe to an oath before an 2094
officer authorized to administer oaths in Ohio that the member 2095
will honestly and faithfully perform the duties of the member's 2096
office. Such oath shall be filed in the office of the clerk of the 2097
board of county commissioners in which the petition was filed. 2098
Upon taking the oath, the board of trustees shall elect one of its 2099
number as chairperson and another as vice-chairperson, and shall 2100
appoint suitable persons as secretary and treasurer who need not 2101
be members of the board. The treasurer shall be the fiscal officer 2102
of the authority. The board shall adopt by-laws governing the 2103
administration of the affairs of the new community authority. Each 2104
member of the board shall post a bond for the faithful performance 2105
of official duties and give surety therefor in such amount, but 2106
not less than ten thousand dollars, as the resolution creating 2107
such board shall prescribe.2108

       All of the powers of the new community authority shall be 2109
exercised by its board of trustees, but without relief of such 2110
responsibility, such powers may be delegated to committees of the 2111
board or its officers and employees in accordance with its 2112
by-laws. A majority of the board shall constitute a quorum, and a 2113
concurrence of a majority of a quorum in any matter within the 2114
board's duties is sufficient for its determination, provided a 2115
quorum is present when such concurrence is had and a majority of 2116
those members constituting such quorum are trustees not appointed 2117
by the developer. All trustees shall be empowered to vote on all 2118
matters within the authority of the board of trustees, and no vote 2119
by a member appointed by the developer shall be construed to give 2120
rise to civil or criminal liability for conflict of interest on 2121
the part of public officials.2122

       Sec. 349.06.  In furtherance of the purposes of this chapter, 2123
a new community authority may:2124

       (A) Acquire by purchase, lease, gift, or otherwise, on such 2125
terms and in such manner as it considers proper, real and personal 2126
property or any estate, interest, or right therein, within or 2127
without the new community district;2128

       (B) Improve, maintain, sell, lease or otherwise dispose of 2129
real and personal property and community facilities, on such terms 2130
and in such manner as it considers proper;2131

       (C) Landscape and otherwise aesthetically improve areas 2132
within the new community district, including but not limited to 2133
maintenance, landscaping and other community improvement services;2134

       (D) Provide, engage in, or otherwise sponsor recreational, 2135
educational, health, social, vocational, cultural, beautification, 2136
and amusement activities and related services primarily for 2137
residents of the district. In the case of a new community 2138
authority established on orwithin three years after the effective 2139
date of this amendment and before January 1, 2012H.B. 225 of the 2140
129th general assembly, such activities and services may be for 2141
residents of, visitors to, employees working within, or employers 2142
operating businesses in the district, or any combination thereof.2143

       (E) Fix, alter, impose, collect and receive service and user 2144
fees, rentals, and other charges to cover all costs in carrying 2145
out the new community development program;2146

       (F) Adopt, modify, and enforce reasonable rules and 2147
regulations governing the use of community facilities;2148

       (G) Employ such managers, administrative officers, agents, 2149
engineers, architects, attorneys, contractors, sub-contractors, 2150
and employees as may be appropriate in the exercise of the rights, 2151
powers and duties conferred upon it, prescribe the duties and 2152
compensation for such persons, require bonds to be given by any 2153
such persons and by officers of the authority for the faithful 2154
performance of their duties, and fix the amount and surety 2155
therefor; and pay the same;2156

       (H) Sue and be sued in its corporate name;2157

       (I) Make and enter into all contracts and agreements and 2158
execute all instruments relating to a new community development 2159
program, including contracts with the developer and other persons 2160
or entities related thereto for land acquisition and land 2161
development; acquisition, construction, and maintenance of 2162
community facilities; the provision of community services and 2163
management and coordinating services; with federal, state, 2164
interstate, regional, and local agencies and political 2165
subdivisions or combinations thereof in connection with the 2166
financing of such program, and with any municipal corporation or 2167
other public body, or combination thereof, providing for the 2168
acquisition, construction, improvement, extension, maintenance or 2169
operation of joint lands or facilities or for the provision of any 2170
services or activities relating to and in furtherance of a new 2171
community development program, including the creation of or 2172
participation in a regional transit authority created pursuant to 2173
the Revised Code;2174

       (J) Apply for and accept grants, loans or commitments of 2175
guarantee or insurance including any guarantees of community 2176
authority bonds and notes, from the United States, the state, or 2177
other public body or other sources, and provide any consideration 2178
which may be required in order to obtain such grants, loans or 2179
contracts of guarantee or insurance. Such loans or contracts of 2180
guarantee or insurance may be evidenced by the issuance of bonds 2181
as provided in section 349.08 of the Revised Code;2182

       (K) Procure insurance against loss to it by reason of damage 2183
to its properties resulting from fire, theft, accident, or other 2184
casualties, or by reason of its liability for any damages to 2185
persons or property occurring in the construction or operation of 2186
facilities or areas under its jurisdiction or the conduct of its 2187
activities;2188

       (L) Maintain such funds or reserves as it considers necessary 2189
for the efficient performance of its duties;2190

       (M) Enter agreements with the boards of education of any 2191
school districts in which all or part of the new community 2192
district lies, whereby the community authority may acquire 2193
property for, may construct and equip, and may sell, lease, 2194
dedicate, with or without consideration, or otherwise transfer 2195
lands, schools, classrooms, or other facilities, whether or not 2196
within the new community district, from the authority to the 2197
school district for school and related purposes;2198

       (N) Prepare plans for acquisition and development of lands 2199
and facilities, and enter into agreements with city, county, or 2200
regional planning commissions to perform or obtain all or any part 2201
of planning services for the new community district;2202

       (O) Engage in planning for the new community district, which 2203
may be predominantly residential and open space, and prepare or 2204
approve a development plan or plans therefor, and engage in land 2205
acquisitions and land development in accordance with such plan or 2206
plans;2207

       (P) Issue new community authority bonds and notes and 2208
community authority refunding bonds, payable solely from the 2209
income source provided in section 349.08 of the Revised Code, 2210
unless the bonds are refunded by refunding bonds, for the purpose 2211
of paying any part of the cost as applied to the new community 2212
development program or parts thereof;2213

       (Q) Enforce any covenants running with the land of which the 2214
new community authority is the beneficiary, including but not 2215
limited to the collection by any and all appropriate means of any 2216
community development charge deemed to be a covenant running with 2217
the land and enforceable by the new community authority pursuant 2218
to section 349.07 of the Revised Code; and to waive, reduce, or 2219
terminate any community development charge of which it is the 2220
beneficiary to the extent not needed for any of the purposes 2221
provided in section 349.07 of the Revised Code, the procedure for 2222
which shall be provided in such covenants, and if new community 2223
authority bonds have been issued pledging any such community 2224
development charge, to the extent not prohibited in the resolution 2225
authorizing the issuance of such new community authority bonds or 2226
the trust agreement or indenture of mortgage securing the bonds;2227

       (R) Appropriate for its use, under sections 163.01 to 163.22 2228
of the Revised Code, any land, easement, rights, rights-of-way, 2229
franchises, or other property in the new community district 2230
required by the authority for community facilities. The authority 2231
may not so appropriate any land, easement, rights, rights-of-way, 2232
franchises, or other property that is not included in the new 2233
community district.2234

       (S) In the case of a new community authority established on 2235
orwithin three years after the effective date of this amendment 2236
and before January 1, 2012H.B. 225 of the 129th general assembly, 2237
enter into any agreements as may be necessary, appropriate, or 2238
useful to support a new community development program, including, 2239
but not limited to, cooperative agreements or other agreements 2240
with political subdivisions for services, materials, or products; 2241
for the administration, calculation, or collection of community 2242
development charges; or for sharing of revenue derived from 2243
community development charges, community facilities, or other 2244
sources. The agreements may be made with or without consideration 2245
as the parties determine.2246

       Sec. 349.14.  Except as provided in section 349.03 of the 2247
Revised Code, or as otherwise provided in a resolution adopted by 2248
the organizational board of commissioners, of a new community 2249
authority established on orwithin three years after the effective 2250
date of this amendment and before January 1, 2012H.B. 225 of the 2251
129th general assembly, a new community authority organized under 2252
this chapter may be dissolved only on the vote of a majority of 2253
the voters of the new community district at a special election 2254
called by the board of trustees on the question of dissolution. 2255
Such an election may be called only after the board has determined 2256
that the new community development program has been completed, 2257
when no community authority bonds or notes are outstanding, and 2258
other legal indebtedness of the authority has been discharged or 2259
provided for, and only after there has been filed with the board 2260
of trustees a petition requesting such election, signed by a 2261
number of qualified electors residing in the new community 2262
district equal to not less than eight per cent of the total vote 2263
cast for all candidates for governor in the new community district 2264
at the most recent general election at which a governor was 2265
elected. If a majority of the votes cast favor dissolution, the 2266
board of trustees shall, by resolution, declare the authority 2267
dissolved and thereupon the community authority shall be 2268
dissolved. A certified copy of the resolution shall, within 2269
fifteen days after its adoption, be filed with the clerk of the 2270
board of county commissioners of the county in which the petition 2271
for the organization of the new community authority was filed.2272

       Upon dissolution of a new community authority, the powers 2273
thereof shall cease to exist. Any property of the new community 2274
authority whichthat is located within the corporate limits of a 2275
municipality shall vest in that municipal corporation and all 2276
other property of the community authority shall vest in the county 2277
in which said property is located. In the case of a new community 2278
authority established within three years after the effective date 2279
of H.B. 225 of the 129th general assembly, such property not 2280
vested in a municipal corporation may also be vested in the 2281
township where the property is located, or with the developer of 2282
the new community authority or the developer's designee, as 2283
provided in a resolution adopted by the organizational board of 2284
commissioners. Any vesting of property in a township or county 2285
shall be subject to acceptance of the property by resolution of 2286
the board of township trustees or board of county commissioners, 2287
as applicable. If the board of township trustees or board of 2288
county commissioners declines to accept the property, the property 2289
vests with the developer or the developer's designee. Any funds of 2290
the community authority at the time of dissolution shall be 2291
transferred to the municipal corporation and county or township, 2292
as provided in a resolution, in which the new community district 2293
is located in the proportion to the assessed valuation of taxable 2294
real property of the new community authority within such municipal 2295
corporation and county or township as said valuation appears on 2296
the current assessment rolls.2297

       Sec. 505.603.  The following applies until the department of 2298
administrative services implements for townships the health care 2299
plans under section 9.901 of the Revised Code. If those plans do 2300
not include or address any benefits incorporated in this section, 2301
the following provisions continue in effect for those benefits.2302

       (A) In addition to or in lieu of providing benefits to 2303
township officers and employees under section 505.60, 505.601, or 2304
505.602 of the Revised Code, a board of township trustees may 2305
offer benefits to officers and employees through a cafeteria plan 2306
that meets the requirements of section 125 of the "Internal 2307
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 125, as 2308
amended, after first adopting a policy authorizing an officer or 2309
employee to receive a cash payment in lieu of a benefit otherwise 2310
offered to township officers or employees under any of those 2311
sections, but only if the cash payment does not exceed twenty-five 2312
per cent of the cost of premiums or payments that otherwise would 2313
be paid by the board for benefits for the officer or employee 2314
under an offered policy, contract, or plan. No cash payment in 2315
lieu of a benefit shall be made pursuant to this section unless 2316
the officer or employee signs a statement affirming that the 2317
officer or employee is covered under another health insurance or 2318
health care policy, contract, or plan in the case of a health 2319
benefit, or a life insurance policy in the case of a life 2320
insurance benefit, and setting forth the name of the employer, if 2321
any, that sponsors the coverage, the name of the carrier that 2322
provides the coverage, and an identifying number of the applicable 2323
policy, contract, or plan.2324

       (B) In addition to providing the benefits to township 2325
officers and employees under section 505.60, 505.601, or 505.602 2326
of the Revised Code, a board of township trustees may offer a 2327
health and wellness benefit program through which the township 2328
provides a benefit or incentive to township officers, employees, 2329
and their immediate dependents to maintain a healthy lifestyle, 2330
including, but not limited to, programs to encourage healthy 2331
eating and nutrition, exercise and physical activity, weight 2332
control or the elimination of obesity, and cessation of smoking or 2333
alcohol use.2334

       (C) The township fiscal officer may deduct from a township 2335
employee's salary or wages the amount authorized to be paid by the 2336
employee for one or more qualified benefits available under 2337
section 125 of the "Internal Revenue Code of 1986," 26 U.S.C. 125, 2338
and under the sections listed in division (B) of this section, if 2339
the employee authorizes in writing that the township fiscal 2340
officer may deduct that amount from the employee's salary or 2341
wages, and the benefit is offered to the employee on a group basis 2342
and at least ten per cent of the township employees voluntarily 2343
elect to participate in the receipt of that benefit. The township 2344
fiscal officer may issue warrants for amounts deducted under this 2345
division to pay program administrators or other insurers for 2346
benefits authorized under this section or those sections listed in 2347
division (B) of this section.2348

       Sec. 3917.04.  (A)(1) If any employee of a political 2349
subdivision or district of this state, or of an institution 2350
supported in whole or in part by public funds, authorizes in 2351
writing the proper officer of the political subdivision, district, 2352
or institution, of which the individual is an employee to deduct 2353
from the employee's salary or wages the premium or portion of the 2354
premium agreed to be paid by the employee to an insurer authorized 2355
to do business in the state for life, endowment, accident, health, 2356
or health and accident insurance, annuities, or hospitalization 2357
insurance, or salary savings plan, the political subdivision, 2358
district, or institution of which the individual is an employee 2359
may deduct from the employee's salary or wages the premium or 2360
portion of the premium agreed to be paid by that employee and pay 2361
it to the insurer, provided that life, endowment, accident, 2362
health, health and accident, and hospitalization insurance is 2363
offered to the employee on a group basis and also that at least 2364
ten per cent of the employees at any institution, or of any 2365
political subdivision, or in any department, agency, bureau, 2366
district, commission, or board voluntarily elect to participate in 2367
that group insurance.2368

       Division (A)(1) of this section does not apply to employees 2369
paid by warrant of the director of budget and management.2370

       (2) The proper officer of a political subdivision, district, 2371
or institution of which an individual is an employee may issue 2372
warrants covering salary or wage deductions that have been 2373
authorized by the employee in favor of the insurer and in the 2374
amount so authorized by the employee.2375

       (B)(1) The department of administrative services shall only 2376
offer employees paid by warrant of the director of budget and 2377
management voluntary supplemental benefit plans that are selected 2378
through a state-administered request for proposals process. If an 2379
employee authorizes the director of administrative services, in 2380
writing, to deduct the premium or a portion of the premium agreed 2381
to be paid by the employee to a voluntary supplemental benefit 2382
plan provider from the employee's salary or wages, the director 2383
may deduct this amount from the employee's salary or wages and pay 2384
it to the provider. Only those employees enrolled in a voluntary 2385
supplemental benefit plan on or before the effective date of this 2386
amendmentJune 30, 2006, may continue to participate in a plan 2387
that was not selected through a state-administered request for 2388
proposals process.2389

        (2) The director of budget and management may issue warrants 2390
covering salary or wage deductions that have been authorized by 2391
employees paid by warrant of the director in favor of the 2392
voluntary supplemental benefit plan provider in the amount 2393
authorized by those employees.2394

       (C) A county auditor may deduct from a county employee's 2395
salary or wages the amount authorized to be paid by the employee 2396
for one or more qualified benefits available under section 125 of 2397
the "Internal Revenue Code of 1986," 26 U.S.C. 125, and other 2398
benefits authorized under section 305.171 of the Revised Code, if 2399
the employee authorizes in writing that the county auditor may 2400
deduct that amount from the employee's salary or wages, and the 2401
benefit is offered to the employee on a group basis and at least 2402
ten per cent of the county employees voluntarily elect to 2403
participate in the receipt of that benefit.2404

        The county auditor may issue warrants for amounts deducted 2405
under this division to pay program administrators or other 2406
insurers for benefits authorized under this section.2407

       Sec. 4931.41.  (A)(1) A countywide 9-1-1 system shall include 2408
all of the territory of the townships and municipal corporations 2409
in the county and any portion of such a municipal corporation that 2410
extends into an adjacent county.2411

       (2) The system shall exclude any territory served by a 2412
wireline service provider that is not capable of reasonably 2413
meeting the technical and economic requirements of providing the 2414
wireline telephone network portion of the countywide system for 2415
that territory. The system shall exclude from enhanced 9-1-1 any 2416
territory served by a wireline service provider that is not 2417
capable of reasonably meeting the technical and economic 2418
requirements of providing the wireline telephone network portion 2419
of enhanced 9-1-1 for that territory. If a 9-1-1 planning 2420
committee and a wireline service provider do not agree on whether 2421
the provider is so capable, the committee shall notify the public 2422
utilities commission, and the commission shall determine whether 2423
the wireline service provider is so capable. The committee shall 2424
ascertain whether such disagreement exists before making its 2425
implementation proposal under division (A) of section 4931.43 of 2426
the Revised Code. The commission's determination shall be in the 2427
form of an order. No final plan shall require a wireline service 2428
provider to provide the wireline telephone network portion of a 2429
9-1-1 system that the commission has determined the provider is 2430
not reasonably capable of providing.2431

       (B) A countywide 9-1-1 system may be a basic or enhanced 2432
9-1-1 system, or a combination of the two, and shall be for the 2433
purpose of providing both wireline 9-1-1 and wireless 9-1-1.2434

       (C) Every emergency service provider that provides emergency 2435
service within the territory of a countywide 9-1-1 system shall 2436
participate in the countywide system.2437

       (D)(1) Each public safety answering point shall be operated 2438
by a subdivision or a regional council of governments and shall be 2439
operated constantly.2440

       (2) A subdivision or a regional council of governments that 2441
operates a public safety answering point shall pay all of the 2442
costs associated with establishing, equipping, furnishing, 2443
operating, and maintaining that facility and shall allocate those 2444
costs among itself and the subdivisions served by the answering 2445
point based on the allocation formula in a final plan. The 2446
wireline service provider or other entity that provides or 2447
maintains the customer premises equipment shall bill the operating 2448
subdivision or the operating regional council of governments for 2449
the cost of providing such equipment, or its maintenance. A 2450
wireless service provider and a subdivision or regional council of 2451
governments operating a public safety answering point may enter 2452
into a service agreement for providing wireless enhanced 9-1-1 2453
pursuant to a final plan adopted under sections 4931.40 to 4931.70 2454
of the Revised Code.2455

       (E) Except to the extent provided in a final plan that 2456
provides for funding of a 9-1-1 system in part through charges 2457
imposed under section 4931.51 of the Revised Code, each 2458
subdivision served by a public safety answering point shall pay 2459
the subdivision or regional council of governments that operates 2460
the answering point the amount computed in accordance with the 2461
allocation formula set forth in the final plan.2462

       (F) Notwithstanding any other provision of law, the purchase 2463
or other acquisition, installation, and maintenance of the 2464
telephone network for a 9-1-1 system and the purchase or other 2465
acquisition, installation, and maintenance of customer premises 2466
equipment at a public safety answering point made in compliance 2467
with a final plan or an agreement under section 4931.48 of the 2468
Revised Code, including customer premises equipment used to 2469
provide wireless enhanced 9-1-1, are not subject to any 2470
requirement of competitive bidding.2471

       (G) Each emergency service provider participating in a 2472
countywide 9-1-1 system shall maintain a telephone number in 2473
addition to 9-1-1.2474

       (H) Whenever a final plan provides for the implementation of 2475
basic 9-1-1, the planning committee shall so notify the public 2476
utilities commission, which shall determine whether the wireline 2477
service providers serving the territory covered by the plan are 2478
capable of reasonably meeting the technical and economic 2479
requirements of providing the wireline telephone network portion 2480
of an enhanced 9-1-1 system. The determination shall be made 2481
solely for purposes of division (C)(2) of section 4931.47 of the 2482
Revised Code.2483

       (I) If the public safety answering point personnel reasonably 2484
determine that a 9-1-1 call is not an emergency, the personnel 2485
shall provide the caller with the telephone number of an 2486
appropriate subdivision agency as applicable.2487

       (J) A final plan adopted under sections 4931.40 to 4931.70 of 2488
the Revised Code, or an agreement under section 4931.48 of the 2489
Revised Code, may provide that, by further agreement included in 2490
the plan or agreement, the state highway patrol or one or more 2491
public safety answering points of another 9-1-1 system is the 2492
public safety answering point or points for the provision of 2493
wireline or wireless 9-1-1 for all or part of the territory of the 2494
9-1-1 system established under the plan or agreement. In that 2495
event, the subdivision for which the wireline or wireless 9-1-1 is 2496
provided as named in the agreement shall be deemed the subdivision 2497
operating the public safety answering point or points for purposes 2498
of sections 4931.40 to 4931.70 of the Revised Code, except that, 2499
for the purpose of division (D)(2) of this section, that 2500
subdivision shall pay only so much of the costs of establishing, 2501
equipping, furnishing, operating, or maintaining any such public 2502
safety answering point as are specified in the agreement with the 2503
patrol or other system.2504

       (K) A final plan for the provision of wireless enhanced 9-1-1 2505
shall provide that any wireless 9-1-1 calls routed to a state 2506
highway patrol-operated public safety answering point by default, 2507
due to a wireless service provider so routing all such calls of 2508
its subscribers without prior permission, are instead to be routed 2509
as provided under the plan. Upon the implementation of countywide 2510
wireless enhanced 9-1-1 pursuant to a final plan, the state 2511
highway patrol shall cease any functioning as a public safety 2512
answering point providing wireless 9-1-1 within the territory 2513
covered by the countywide 9-1-1 system so established, unless the 2514
patrol functions as a public safety answering point providing 2515
wireless enhanced 9-1-1 pursuant to an agreement included in the 2516
plan as authorized under division (J) of this section.2517

       Sec. 4931.43.  (A) The 9-1-1 planning committee shall prepare 2518
a proposal on the implementation of a countywide 9-1-1 system and 2519
shall hold a public meeting on the proposal to explain the system 2520
to and receive comments from public officials. At least thirty but 2521
not more than sixty days before the meeting, the committee shall 2522
send a copy of the implementation proposal and written notice of 2523
the meeting:2524

       (1) By certified mail, to the board of county commissioners, 2525
the legislative authority of each municipal corporation in the 2526
county, and to the board of trustees of each township in the 2527
county; and2528

       (2) To the board of trustees, directors, or park 2529
commissioners of each subdivision that will be served by a public 2530
safety answering point under the plan.2531

       (B) The proposal and the final plan adopted by the committee 2532
shall specify:2533

       (1) Which telephone companies serving customers in the county 2534
and, as authorized in division (A)(1) of section 4931.41 of the 2535
Revised Code, in an adjacent county will participate in the 9-1-1 2536
system;2537

       (2) The location and number of public safety answering 2538
points; how they will be connected to a company's telephone 2539
network; from what geographic territory each will receive 9-1-1 2540
calls; whether basic or enhanced 9-1-1 service will be provided 2541
within such territory; what subdivisions will be served by the 2542
answering point; and whether an answering point will respond to 2543
calls by directly dispatching an emergency service provider, by 2544
relaying a message to the appropriate provider, or by transferring 2545
the call to the appropriate provider;2546

       (3) Which subdivision or regional council of governments will 2547
establish, equip, furnish, operate, and maintain a particular 2548
public safety answering point;2549

       (4) A projection of the initial cost of establishing, 2550
equipping, and furnishing and of the annual cost of the first five 2551
years of operating and maintaining each public safety answering 2552
point;2553

       (5) Whether the cost of establishing, equipping, furnishing, 2554
operating, or maintaining each public safety answering point 2555
should be funded through charges imposed under section 4931.51 of 2556
the Revised Code or will be allocated among the subdivisions 2557
served by the answering point and, if any such cost is to be 2558
allocated, the formula for so allocating it;2559

       (6) How each emergency service provider will respond to a 2560
misdirected call.2561

       (C) Following the meeting required by this section, the 9-1-1 2562
planning committee may modify the implementation proposal and, no 2563
later than nine months after the resolution authorized by section 2564
4931.42 of the Revised Code is adopted, may adopt, by majority 2565
vote, a final plan for implementing a countywide 9-1-1 system. If 2566
a planning committee and wireline service provider do not agree on 2567
whether the wireline service provider is capable of providing the 2568
wireline telephone network as described under division (A) of 2569
section 4931.41 of the Revised Code and the planning committee 2570
refers that question to the public utilities commission, the 2571
commission may extend the nine-month deadline established by this 2572
division to twelve months. Immediately on completion of the plan, 2573
the committee shall send a copy of the final plan:2574

       (1) By certified mail to the board of county commissioners of 2575
the county, to the legislative authority of each municipal 2576
corporation in the county, and to the board of township trustees 2577
of each township in the county; and2578

       (2) To the board of trustees, directors, or park 2579
commissioners of each subdivision that will be served by a public 2580
safety answering point under the plan.2581

       (D) If the committee has not adopted a final plan on or 2582
before the deadline in division (C) of this section, the committee 2583
shall cease to exist. A new 9-1-1 planning committee may be 2584
convened in the manner established in section 4931.42 of the 2585
Revised Code to develop an implementation proposal and final plan 2586
in accordance with the requirements of sections 4931.42 to 4931.44 2587
of the Revised Code.2588

       Sec. 4931.44.  (A) Within sixty days after receipt of the 2589
final plan pursuant to division (C) of section 4931.43 of the 2590
Revised Code, the board of county commissioners of the county and 2591
the legislative authority of each municipal corporation in the 2592
county and of each township whose territory is proposed to be 2593
included in a countywide 9-1-1 system shall act by resolution to 2594
approve or disapprove the plan, except that, with respect to a 2595
final plan that provides for funding of the 9-1-1 system in part 2596
through charges imposed under section 4931.51 of the Revised Code, 2597
the board of county commissioners shall not act by resolution to 2598
approve or disapprove the plan until after a resolution adopted 2599
under section 4931.51 of the Revised Code has become effective as 2600
provided in division (D) of that section. A municipal corporation 2601
or township whose territory is proposed to be included in the 2602
system includes any municipal corporation or township in which a 2603
part of its territory is excluded pursuant to division (A)(2) of 2604
section 4931.41 of the Revised Code. Each such authority 2605
immediately shall notify the board of county commissioners in 2606
writing of its approval or disapproval of the final plan. Failure 2607
by a board or legislative authority to notify the board of county 2608
commissioners of approval or disapproval within such sixty-day 2609
period shall be deemed disapproval by the board or authority.2610

       (B) As used in this division, "county's population" excludes 2611
the population of any municipal corporation or township that, 2612
under the plan, is completely excluded from 9-1-1 service in the 2613
county's final plan. A countywide plan is effective if all of the 2614
following entities approve the plan in accordance with this 2615
section:2616

       (1) The board of county commissioners;2617

       (2) The legislative authority of a municipal corporation that 2618
contains at least thirty per cent of the county's population, if 2619
any;2620

       (3) The legislative authorities of municipal corporations and 2621
townships that contain at least sixty per cent of the county's 2622
population or, if the plan has been approved by a municipal 2623
corporation that contains at least sixty per cent of the county's 2624
population, by the legislative authorities of municipal 2625
corporations and townships that contain at least seventy-five per 2626
cent of the county's population.2627

       (C) After a countywide plan approved in accordance with this 2628
section is adopted, all of the telephone companies and,2629
subdivisions, and regional councils of governments included in the 2630
plan are subject to the specific requirements of the plan and to 2631
sections 4931.40 to 4931.70 of the Revised Code.2632

       Sec. 4931.45.  (A) An amended final plan is required for any 2633
of the following purposes:2634

       (1) Expanding the territory included in the countywide 9-1-1 2635
system;2636

       (2) Upgrading any part or all of a system from basic to 2637
enhanced wireline 9-1-1;2638

       (3) Adjusting the territory served by a public safety 2639
answering point;2640

       (4) Permitting a regional council of governments to operate a 2641
public safety answering point;2642

       (5) Represcribing the funding of public safety answering 2643
points as between the alternatives set forth in division (B)(5) of 2644
section 4931.43 of the Revised Code;2645

       (5)(6) Providing for wireless enhanced 9-1-1;2646

       (6)(7) Adding a telephone company as a participant in a 2647
countywide 9-1-1 system after the implementation of wireline 9-1-1 2648
or wireless enhanced 9-1-1;2649

       (7)(8) Providing that the state highway patrol or one or more 2650
public safety answering points of another 9-1-1 system function as 2651
a public safety answering point or points for the provision of 2652
wireline or wireless 9-1-1 for all or part of the territory of the 2653
system established under the final plan, as contemplated under 2654
division (J) of section 4931.41 of the Revised Code;2655

       (8)(9) Making any other necessary adjustments to the plan.2656

       (B) Except as otherwise provided in division (C) of this 2657
section, a final plan shall be amended in the manner provided for 2658
adopting a final plan under sections 4931.42 to 4931.44 of the 2659
Revised Code, including convening a 9-1-1 planning committee and 2660
developing a proposed amended plan prior to adopting an amended 2661
final plan.2662

       (C)(1) To amend a final plan for the purpose described in 2663
division (A)(6)(7) of this section, an entity that wishes to be 2664
added as a participant in a 9-1-1 system shall file a written 2665
letter of that intent with the board of county commissioners of 2666
the county that approved the final plan. The final plan is deemed 2667
amended upon the filing of that letter. The entity that files the 2668
letter shall send written notice of that filing to all 2669
subdivisions, regional councils of governments, and telephone 2670
companies participating in the system.2671

       (2) An amendment to a final plan for a purpose set forth in 2672
division (A)(1), (3), (5)(6), or (8)(9) of this section may be 2673
made by an addendum approved by a majority of the 9-1-1 planning 2674
committee. The board of county commissioners shall call a meeting 2675
of the 9-1-1 planning committee for the purpose of considering an 2676
addendum pursuant to this division.2677

       (3) Adoption of any resolution under section 4931.51 of the 2678
Revised Code pursuant to a final plan that both has been adopted 2679
and provides for funding through charges imposed under that 2680
section is not an amendment of a final plan for the purpose of 2681
this division.2682

       (D) When a final plan is amended for a purpose described in 2683
division (A)(1), (2), or (6)(7) of this section, sections 4931.47 2684
and 5733.55 of the Revised Code apply with respect to the receipt 2685
of the nonrecurring and recurring rates and charges for the 2686
wireline telephone network portion of the 9-1-1 system.2687

       Sec. 4931.49.  (A)(1) The state, the state highway patrol, or2688
a subdivision, or a regional council of governments participating 2689
in a 9-1-1 system established under sections 4931.40 to 4931.70 of 2690
the Revised Code and any officer, agent, employee, or independent 2691
contractor of the state, the state highway patrol, or such a 2692
participating subdivision or regional council of governments is 2693
not liable in damages in a civil action for injuries, death, or 2694
loss to persons or property arising from any act or omission, 2695
except willful or wanton misconduct, in connection with 2696
developing, adopting, or approving any final plan or any agreement 2697
made under section 4931.48 of the Revised Code or otherwise 2698
bringing into operation the 9-1-1 system pursuant to sections 2699
4931.40 to 4931.70 of the Revised Code.2700

       (2) The Ohio 9-1-1 council, the wireless 9-1-1 advisory 2701
board, and any member of that council or board are not liable in 2702
damages in a civil action for injuries, death, or loss to persons 2703
or property arising from any act or omission, except willful or 2704
wanton misconduct, in connection with the development or operation 2705
of a 9-1-1 system established under sections 4931.40 to 4931.70 of 2706
the Revised Code.2707

       (B) Except as otherwise provided in section 4765.49 of the 2708
Revised Code, an individual who gives emergency instructions 2709
through a 9-1-1 system established under sections 4931.40 to 2710
4931.70 of the Revised Code, and the principals for whom the 2711
person acts, including both employers and independent contractors, 2712
public and private, and an individual who follows emergency 2713
instructions and the principals for whom that person acts, 2714
including both employers and independent contractors, public and 2715
private, are not liable in damages in a civil action for injuries, 2716
death, or loss to persons or property arising from the issuance or 2717
following of emergency instructions, except where the issuance or 2718
following of the instructions constitutes willful or wanton 2719
misconduct.2720

       (C) Except for willful or wanton misconduct, a telephone 2721
company, and any other installer, maintainer, or provider, through 2722
the sale or otherwise, of customer premises equipment, and their 2723
respective officers, directors, employees, agents, and suppliers 2724
are not liable in damages in a civil action for injuries, death, 2725
or loss to persons or property incurred by any person resulting 2726
from any of the following:2727

       (1) Such an entity's or its officers', directors', 2728
employees', agents', or suppliers' participation in or acts or 2729
omissions in connection with participating in or developing, 2730
maintaining, or operating a 9-1-1 system, whether that system is 2731
established pursuant to sections 4931.40 to 4931.70 of the Revised 2732
Code or otherwise in accordance with schedules regarding 9-1-1 2733
systems filed with the public utilities commission pursuant to 2734
section 4905.30 of the Revised Code by a telephone company that is 2735
a wireline service provider;2736

       (2) Such an entity's or its officers', directors', 2737
employees', agents', or suppliers' provision of assistance to a 2738
public utility, municipal utility, or state or local government as 2739
authorized by divisions (F)(4) and (5) of this section.2740

       (D) No person shall knowingly use the telephone number of a 2741
9-1-1 system established under sections 4931.40 to 4931.70 of the 2742
Revised Code to report an emergency if the person knows that no 2743
emergency exists.2744

       (E) No person shall knowingly use a 9-1-1 system for a 2745
purpose other than obtaining emergency service.2746

       (F) No person shall disclose or use any information 2747
concerning telephone numbers, addresses, or names obtained from 2748
the data base that serves the public safety answering point of a 2749
9-1-1 system established under sections 4931.40 to 4931.70 of the 2750
Revised Code, except for any of the following purposes or under 2751
any of the following circumstances:2752

       (1) For the purpose of the 9-1-1 system;2753

       (2) For the purpose of responding to an emergency call to an 2754
emergency service provider;2755

       (3) In the circumstance of the inadvertent disclosure of such 2756
information due solely to technology of the wireline telephone 2757
network portion of the 9-1-1 system not allowing access to the 2758
data base to be restricted to 9-1-1 specific answering lines at a 2759
public safety answering point;2760

       (4) In the circumstance of access to a data base being given 2761
by a telephone company that is a wireline service provider to a 2762
public utility or municipal utility in handling customer calls in 2763
times of public emergency or service outages. The charge, terms, 2764
and conditions for the disclosure or use of such information for 2765
the purpose of such access to a data base shall be subject to the 2766
jurisdiction of the public utilities commission.2767

       (5) In the circumstance of access to a data base given by a 2768
telephone company that is a wireline service provider to a state 2769
and local government in warning of a public emergency, as 2770
determined by the public utilities commission. The charge, terms, 2771
and conditions for the disclosure or use of that information for 2772
the purpose of access to a data base is subject to the 2773
jurisdiction of the public utilities commission.2774

       Sec. 4931.50. (A) The attorney general, upon request of the 2775
public utilities commission or on the attorney general's own 2776
initiative, shall begin proceedings against a telephone company 2777
that is a wireline service provider to enforce compliance with 2778
sections 4931.40 to 4931.70 of the Revised Code or with the terms, 2779
conditions, requirements, or specifications of a final plan or of 2780
an agreement under section 4931.48 of the Revised Code as to 2781
wireline or wireless 9-1-1.2782

       (B) The attorney general, upon the attorney general's own 2783
initiative, or any prosecutor, upon the prosecutor's initiative, 2784
shall begin proceedings against a subdivision or a regional 2785
council of governments as to wireline or wireless 9-1-1 to enforce 2786
compliance with sections 4931.40 to 4931.70 of the Revised Code or 2787
with the terms, conditions, requirements, or specifications of a 2788
final plan or of an agreement under section 4931.48 of the Revised 2789
Code as to wireline or wireless 9-1-1.2790

       Sec. 4931.64. (A) Prior to the first disbursement under this 2791
section and annually thereafter not later than the twenty-fifth 2792
day of January, until the wireless 9-1-1 government assistance 2793
fund is depleted, the Ohio 9-1-1 coordinator shall do both of the 2794
following for the purposes of division (B) of this section:2795

       (1) Determine, for a county that has adopted a final plan 2796
under sections 4931.40 to 4931.70 of the Revised Code for the 2797
provision of wireless enhanced 9-1-1 within the territory covered 2798
by the countywide 9-1-1 system established under the plan, the 2799
number of wireless telephone numbers assigned to wireless service 2800
subscribers that have billing addresses within the county. That 2801
number shall be adjusted between any two counties so that the 2802
number of wireless telephone numbers assigned to wireless service 2803
subscribers who have billing addresses within any portion of a 2804
municipal corporation that territorially lies primarily in one of 2805
the two counties but extends into the other county is added to the 2806
number already determined for that primary county and subtracted 2807
for the other county.2808

       (2) Determine each county's proportionate share of the 2809
wireless 9-1-1 government assistance fund for the ensuing calendar 2810
year on the basis set forth in division (B) of this section; 2811
estimate the ensuing calendar year's fund balance; compute each 2812
such county's estimated proceeds for the ensuing calendar year 2813
based on its proportionate share and the estimated fund balance; 2814
and certify such amount of proceeds to the county auditor of each 2815
such county.2816

       (B) The Ohio 9-1-1 coordinator, in accordance with this 2817
division and not later than the last day of each month, shall 2818
disburse the amount credited as remittances to the wireless 9-1-1 2819
government assistance fund during the second preceding month, plus 2820
any accrued interest on the fund. Such a disbursement shall be 2821
paid to each county treasurer. The amount to be so disbursed 2822
monthly to a particular county shall be a proportionate share of 2823
the wireless 9-1-1 government assistance fund balance based on the 2824
ratio between the following:2825

       (1) The number of wireless telephone numbers determined for 2826
the county by the coordinator pursuant to division (A) of this 2827
section;2828

       (2) The total number of wireless telephone numbers assigned 2829
to subscribers who have billing addresses within this state. To 2830
the extent that the fund balance permits, the disbursements to 2831
each county shall total at least ninety thousand dollars annually.2832

       (C)(1) Each county that has not adopted a final plan for the 2833
provision of wireless enhanced 9-1-1 under sections 4931.40 to 2834
4931.70 of the Revised Code shall be deemed as having done so for 2835
the purposes of making the determinations under divisions (A)(1) 2836
and (2) of this section.2837

       (2) For each county described in division (C)(1) of this 2838
section, the coordinator shall retain in the wireless 9-1-1 2839
government assistance fund an amount equal to what would otherwise 2840
be paid as the county's disbursements under division (B) of this 2841
section if it had adopted such a final plan, plus any related 2842
accrued interest, to be set aside for that county. If the board of 2843
county commissioners notifies the coordinator prior to January 1, 2844
2010, that a final plan for the provision of wireless enhanced 2845
9-1-1 has been adopted, the coordinator shall disburse and pay to 2846
the county treasurer, not later than the last day of the month 2847
following the month the notification is made, the total amount so 2848
set aside for the county plus any related accrued interest. As of 2849
January 1, 2010, any money and interest so retained and not 2850
disbursed as authorized under this division shall be available for 2851
disbursement only as provided in division (B) of this section.2852

       (D) Immediately upon receipt by a county treasurer of a 2853
disbursement under division (B) or (C) of this section, the county 2854
shall disburse, in accordance with the allocation formula set 2855
forth in the final plan, the amount the county so received to any 2856
other subdivisions in the county and any regional councils of 2857
governments in the county that pay the costs of a public safety 2858
answering point providing wireless enhanced 9-1-1 under the plan.2859

       (E) Nothing in sections 4931.40 to 4931.70 of the Revised 2860
Code affects the authority of a subdivision operating or served by 2861
a public safety answering point of a 9-1-1 system or a regional 2862
council of governments operating a public safety answering point 2863
of a 9-1-1 system to use, as provided in the final plan for the 2864
system or in an agreement under section 4931.48 of the Revised 2865
Code, any other authorized revenue of the subdivision or the 2866
regional council of governments for the purposes of providing 2867
basic or enhanced 9-1-1.2868

       Sec. 4931.65.  Except as otherwise provided in section 2869
4931.651 of the Revised Code:2870

       (A) A countywide 9-1-1 system receiving a disbursement under 2871
section 4931.64 of the Revised Code shall provide countywide 2872
wireless enhanced 9-1-1 in accordance with sections 4931.40 to 2873
4931.70 of the Revised Code beginning as soon as reasonably 2874
possible after receipt of the first disbursement or, if that 2875
service is already implemented, shall continue to provide such 2876
service. Except as provided in divisions (B) and (C) of this 2877
section, a disbursement shall be used solely for the purpose of 2878
paying either or both of the following:2879

       (1) Any costs of designing, upgrading, purchasing, leasing, 2880
programming, installing, testing, or maintaining the necessary 2881
data, hardware, software, and trunking required for the public 2882
safety answering point or points of the 9-1-1 system to provide 2883
wireless enhanced 9-1-1, which costs are incurred before or on or 2884
after May 6, 2005, and consist of such additional costs of the 2885
9-1-1 system over and above any costs incurred to provide wireline 2886
9-1-1 or to otherwise provide wireless enhanced 9-1-1. Annually, 2887
up to twenty-five thousand dollars of the disbursements received 2888
on or after January 1, 2009, may be applied to data, hardware, and 2889
software that automatically alerts personnel receiving a 9-1-1 2890
call that a person at the subscriber's address or telephone number 2891
may have a mental or physical disability, of which that personnel 2892
shall inform the appropriate emergency service provider. On or 2893
after the provision of technical and operational standards 2894
pursuant to division (D)(1) of section 4931.68 of the Revised 2895
Code, a regional council of governments operating a public safety 2896
answering point or a subdivision shall consider the standards 2897
before incurring any costs described in this division.2898

       (2) Any costs of training the staff of the public safety 2899
answering point or points to provide wireless enhanced 9-1-1, 2900
which costs are incurred before or on or after May 6, 2005.2901

       (B) Beginning one year following the imposition of the 2902
wireless 9-1-1 charge under section 4931.61 of the Revised Code, a 2903
subdivision or a regional council of governments that certifies to 2904
the Ohio 9-1-1 coordinator that it has paid the costs described in 2905
divisions (A)(1) and (2) of this section and is providing 2906
countywide wireless enhanced 9-1-1 may use disbursements received 2907
under section 4931.64 of the Revised Code to pay any of its 2908
personnel costs of one or more public safety answering points 2909
providing countywide wireless enhanced 9-1-1.2910

       (C) After receiving its April 2013, disbursement under 2911
section 4931.64 of the Revised Code, a regional council of 2912
governments operating a public safety answering point or a2913
subdivision may use any remaining balance of disbursements it 2914
received under that section to pay any of its costs of providing 2915
countywide wireless 9-1-1, including the personnel costs of one or 2916
more public safety answering points providing that service.2917

       (D) The costs described in divisions (A), (B), and (C) of 2918
this section may include any such costs payable pursuant to an 2919
agreement under division (J) of section 4931.41 of the Revised 2920
Code.2921

       Sec. 4931.66.  (A)(1) A telephone company, the state highway 2922
patrol as described in division (J) of section 4931.41 of the 2923
Revised Code, and each subdivision or regional council of 2924
governments operating one or more public safety answering points 2925
for a countywide system providing wireless 9-1-1, shall provide 2926
the Ohio 9-1-1 coordinator with such information as the 2927
coordinator requests for the purposes of carrying out the 2928
coordinator's duties under sections 4931.60 to 4931.70 of the 2929
Revised Code, including, but not limited to, duties regarding the 2930
collection of the wireless 9-1-1 charge and regarding the 2931
provision of a report or recommendation under section 4931.70 of 2932
the Revised Code.2933

       (2) A wireless service provider shall provide an official, 2934
employee, agent, or representative of a subdivision or regional 2935
council of governments operating a public safety answering point, 2936
or of the state highway patrol as described in division (J) of 2937
section 4931.41 of the Revised Code, with such technical, service, 2938
and location information as the official, employee, agent, or 2939
representative requests for the purpose of providing wireless 2940
9-1-1.2941

       (3) A subdivision or regional council of governments2942
operating one or more public safety answering points of a 9-1-1 2943
system, and a telephone company, shall provide to the Ohio 9-1-1 2944
council such information as the council requires for the purpose 2945
of carrying out its duties under division (D) of section 4931.68 2946
of the Revised Code.2947

       (B)(1) Any information provided under division (A) of this 2948
section that consists of trade secrets as defined in section 2949
1333.61 of the Revised Code or of information regarding the 2950
customers, revenues, expenses, or network information of a 2951
telephone company shall be confidential and does not constitute a 2952
public record for the purpose of section 149.43 of the Revised 2953
Code.2954

       (2) The public utilities commission, the Ohio 9-1-1 2955
coordinator, and any official, employee, agent, or representative 2956
of the commission, of the state highway patrol as described in 2957
division (J) of section 4931.41 of the Revised Code, or of a 2958
subdivision or regional council of governments operating a public 2959
safety answering point, while acting or claiming to act in the 2960
capacity of the commission or coordinator or such official, 2961
employee, agent, or representative, shall not disclose any 2962
information provided under division (A) of this section regarding 2963
a telephone company's customers, revenues, expenses, or network 2964
information. Nothing in division (B)(2) of this section precludes 2965
any such information from being aggregated and included in any 2966
report required under section 4931.70 or division (D)(2) of 2967
section 4931.69 of the Revised Code, provided the aggregated 2968
information does not identify the number of any particular 2969
company's customers or the amount of its revenues or expenses or 2970
identify a particular company as to any network information.2971

       Sec. 5101.01. (A) As used in the Revised Code, the 2972
"department of public welfare" and the "department of human 2973
services" mean the department of job and family services and the 2974
"director of public welfare" and the "director of human services" 2975
mean the director of job and family services. Whenever the 2976
department or director of public welfare or the department or 2977
director of human services is referred to or designated in any 2978
statute, rule, contract, grant, or other document, the reference 2979
or designation shall be deemed to refer to the department or 2980
director of job and family services, as the case may be.2981

       (B) As used in this chapter of the Revised Code:2982

        (1) References to counties or to county departments of job 2983
and family services include the joint county department of job and 2984
family services established under section 329.40 of the Revised 2985
Code.2986

        (2) References to boards of county commissioners include 2987
boards of directors of the joint department of job and family 2988
services established under section 329.40 of the Revised Code.2989

       Sec. 5705.13.  (A) A taxing authority of a subdivision, by 2990
resolution or ordinance, may establish reserve balance accounts to 2991
accumulate currently available resources for the following 2992
purposes:2993

       (1) To stabilize subdivision budgets against cyclical changes 2994
in revenues and expenditures;2995

       (2) Except as otherwise provided by this section, to provide 2996
for the payment of claims and deductibles under aan individual or 2997
joint self-insurance program for the subdivision, if the 2998
subdivision is permitted by law to establish such a program;2999

       (3) To provide for the payment of claims, assessments, and 3000
deductibles under a self-insurance program, individual3001
retrospective ratings plan, group rating plan, group retrospective 3002
rating plan, medical only program, deductible plan, or large 3003
deductible plan for workers' compensation.3004

       The ordinance or resolution establishing a reserve balance 3005
account shall state the purpose for which the account is 3006
established, the fund in which the account is to be established, 3007
and the total amount of money to be reserved in the account.3008

       A subdivision that participates in a risk-sharing pool, by 3009
which governments pool risks and funds and share in the costs of 3010
losses, shall not establish a reserve balance account to provide 3011
self-insurance for the subdivision.3012

       Not more than one reserve balance account may be established 3013
for each of the purposes permitted under divisions (A)(2) and (3) 3014
of this section. Money to the credit of a reserve balance account 3015
may be expended only for the purpose for which the account was 3016
established.3017

       A reserve balance account established for the purpose 3018
described in division (A)(1) of this section may be established in 3019
the general fund or in one or more special funds for operating 3020
purposes of the subdivision. The amount of money to be reserved in 3021
such an account in any fiscal year shall not exceed five per cent 3022
of the revenue credited in the preceding fiscal year to the fund 3023
in which the account is established, or, in the case of a reserve 3024
balance account of a county or of a township, the greater of that 3025
amount or one-sixth of the expenditures during the preceding 3026
fiscal year from the fund in which the account is established. 3027
Subject to division (G) of section 5705.29 of the Revised Code, 3028
any reserve balance in an account established under division 3029
(A)(1) of this section shall not be considered part of the 3030
unencumbered balance or revenue of the subdivision under division 3031
(A) of section 5705.35 or division (A)(1) of section 5705.36 of 3032
the Revised Code.3033

       At any time, a taxing authority of a subdivision, by 3034
resolution or ordinance, may reduce or eliminate the reserve 3035
balance in a reserve balance account established for the purpose 3036
described in division (A)(1) of this section.3037

       A reserve balance account established for the purpose 3038
described in division (A)(2) or (3) of this section shall be 3039
established in the general fund of the subdivision or by the 3040
establishment of a separate internal service fund established to 3041
account for the operation of thean individual or joint3042
self-insurance or retrospective ratings plan program described in 3043
division (A)(2) of this section or a workers' compensation program 3044
or plan described in division (A)(3) of this section, and shall be 3045
based on sound actuarial principles. The total amount of money in 3046
a reserve balance account for self-insurance may be expressed in 3047
dollars or as the amount determined to represent an adequate 3048
reserve according to sound actuarial principles.3049

       A taxing authority of a subdivision, by resolution or 3050
ordinance, may rescind a reserve balance account established under 3051
this division. If a reserve balance account is rescinded, money 3052
that has accumulated in the account shall be transferred to the 3053
fund or funds from which the money originally was transferred.3054

       (B) A taxing authority of a subdivision, by resolution or 3055
ordinance, may establish a special revenue fund for the purpose of 3056
accumulating resources for the payment of accumulated sick leave 3057
and vacation leave, and for payments in lieu of taking 3058
compensatory time off, upon the termination of employment or the 3059
retirement of officers and employees of the subdivision. The 3060
special revenue fund may also accumulate resources for payment of 3061
salaries during any fiscal year when the number of pay periods 3062
exceeds the usual and customary number of pay periods. 3063
Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the 3064
Revised Code, the taxing authority, by resolution or ordinance, 3065
may transfer money to the special revenue fund from any other fund 3066
of the subdivision from which such payments may lawfully be made. 3067
The taxing authority, by resolution or ordinance, may rescind a 3068
special revenue fund established under this division. If a special 3069
revenue fund is rescinded, money that has accumulated in the fund 3070
shall be transferred to the fund or funds from which the money 3071
originally was transferred.3072

       (C) A taxing authority of a subdivision, by resolution or 3073
ordinance, may establish a capital projects fund for the purpose 3074
of accumulating resources for the acquisition, construction, or 3075
improvement of fixed assets of the subdivision. For the purposes 3076
of this section, "fixed assets" includes motor vehicles. More than 3077
one capital projects fund may be established and may exist at any 3078
time. The ordinance or resolution shall identify the source of the 3079
money to be used to acquire, construct, or improve the fixed 3080
assets identified in the resolution or ordinance, the amount of 3081
money to be accumulated for that purpose, the period of time over 3082
which that amount is to be accumulated, and the fixed assets that 3083
the taxing authority intends to acquire, construct, or improve 3084
with the money to be accumulated in the fund.3085

       A taxing authority of a subdivision shall not accumulate 3086
money in a capital projects fund for more than ten years after the 3087
resolution or ordinance establishing the fund is adopted. If the 3088
subdivision has not entered into a contract for the acquisition, 3089
construction, or improvement of fixed assets for which money was 3090
accumulated in such a fund before the end of that ten-year period, 3091
the fiscal officer of the subdivision shall transfer all money in 3092
the fund to the fund or funds from which that money originally was 3093
transferred or the fund that originally was intended to receive 3094
the money.3095

       A taxing authority of a subdivision, by resolution or 3096
ordinance, may rescind a capital projects fund. If a capital 3097
projects fund is rescinded, money that has accumulated in the fund 3098
shall be transferred to the fund or funds from which the money 3099
originally was transferred.3100

       Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the 3101
Revised Code, the taxing authority of a subdivision, by resolution 3102
or ordinance, may transfer money to the capital projects fund from 3103
any other fund of the subdivision that may lawfully be used for 3104
the purpose of acquiring, constructing, or improving the fixed 3105
assets identified in the resolution or ordinance.3106

       Sec. 5705.392.  (A) A board of county commissioners may adopt 3107
as a part of its annual appropriation measure a spending plan, or 3108
in the case of an amended appropriation measure, an amended 3109
spending plan, setting forth a quarterly schedule of expenses and 3110
expenditures of all appropriations for the fiscal year from the 3111
county general fund. The spending plan shall be classified to set 3112
forth separately a quarterly schedule of expenses and expenditures 3113
for each office, department, and division, and within each, the 3114
amount appropriated for personal services. Each office, 3115
department, and division shall be limited in its expenses and 3116
expenditures of moneys appropriated from the general fund during 3117
any quarter by the schedule established in the spending plan. The 3118
schedule established in the spending plan shall serve as a 3119
limitation during a quarter on the making of contracts and giving 3120
of orders involving the expenditure of money during that quarter 3121
for purposes of division (D) of section 5705.41 of the Revised 3122
Code.3123

       (B)(1) A board of county commissioners, by resolution, may 3124
adopt a spending plan or an amended spending plan setting forth 3125
separately a quarterly schedule of expenses and expenditures of 3126
appropriations from any county fund, except as provided in 3127
division (C) of this section, for the second half of a fiscal year 3128
and any subsequent fiscal year, for any county office, department, 3129
or division that has spent or encumbered more than six-tenths of 3130
the amount appropriated for personal services and payrolls during 3131
the first half of any fiscal year.3132

       (2) During any fiscal year, a board of county commissioners, 3133
by resolution, may adopt a spending plan or an amended spending 3134
plan setting forth separately a quarterly schedule of expenses and 3135
expenditures of appropriations from any county fund, except as 3136
provided in division (C) of this section, for any county office, 3137
department, or division that, during the previous fiscal year, 3138
spent one hundred ten per cent or more of the total amount 3139
appropriated for personal services and payrolls by the board in 3140
its annual appropriation measure required by section 5705.38 of 3141
the Revised Code. The spending plan or amended spending plan shall 3142
remain in effect two fiscal years, or until the county officer of 3143
the office for which the plan was adopted is no longer in office, 3144
including terms of office to which the county officer is 3145
re-elected, whichever is later.3146

       (3) At least thirty days before adopting a resolution under 3147
division (B)(1) or (2) of this section, the board of county 3148
commissioners shall provide written notice to each county office, 3149
department, or division for which it intends to adopt a spending 3150
plan or an amended spending plan. The notice shall be sent by 3151
regular first class mail or provided by personal service, and 3152
shall include a copy of the proposed spending plan or proposed 3153
amended spending plan. The county office, department, or division 3154
may meet with the board at any regular session of the board to 3155
comment on the notice, or to express concerns or ask questions 3156
about the proposed spending plan or proposed amended spending 3157
plan.3158

       (C) Division (B) of this section shall not apply to any fund 3159
that is subject to rules adopted by the tax commissioner under 3160
division (O) of section 5703.05 of the Revised Code.3161

       Sec. 5713.07.  The county auditor, at the time of making the 3162
assessment of real property subject to taxation, shall enter in a 3163
separate list pertinent descriptions of all burying grounds, 3164
public schoolhouses, houses used exclusively for public worship, 3165
institutions of purely public charity, real property used 3166
exclusively for a home for the aged, as defined in section 5701.13 3167
of the Revised Code, public buildings and property used 3168
exclusively for any public purpose, and any other property, with 3169
the lot or tract of land on which such house, institution, public 3170
building, or other property is situated, and which have been 3171
exempted from taxation by either the tax commissioner or auditor3172
under section 5715.27 of the Revised Code or by the housing 3173
officer under section 3735.67 of the Revised Code. The auditor 3174
shall value such houses, buildings, property, and lots and tracts 3175
of land at their taxable value in the same manner as the auditor 3176
is required to value other real property, designating in each case 3177
the township, municipal corporation, and number of the school 3178
district, or the name or designation of the school, religious 3179
society, or institution to which each house, lot, or tract 3180
belongs. If such property is held and used for other public 3181
purposes, the auditor shall state by whom or how it is held.3182

       Sec. 5713.08.  (A) The county auditor shall make a list of 3183
all real and personal property in the auditor's county that is 3184
exempted from taxation. Such list shall show the name of the 3185
owner, the value of the property exempted, and a statement in 3186
brief form of the ground on which such exemption has been granted. 3187
It shall be corrected annually by adding thereto the items of 3188
property which have been exempted during the year, and by striking 3189
therefrom the items which in the opinion of the auditor have lost 3190
their right of exemption and which have been reentered on the 3191
taxable list, but no property shall be struck from the exempt 3192
property list solely because the property has been conveyed to a 3193
single member limited liability company with a nonprofit purpose 3194
from its nonprofit member or because the property has been 3195
conveyed by a single member limited liability company with a 3196
nonprofit purpose to its nonprofit member. No additions shall be 3197
made to such exempt lists and no additional items of property 3198
shall be exempted from taxation without the consent of the tax 3199
commissioner as is provided for in section 5715.27 of the Revised 3200
Code or without the consent of the housing officer under section 3201
3735.67 of the Revised Code, except for property exempted by the 3202
auditor under that section or qualifying agricultural real 3203
property, as defined in section 5709.28 of the Revised Code, that 3204
is enrolled in an agriculture security area that is exempt under 3205
that section. The commissioner may revise at any time the list in 3206
every county so that no property is improperly or illegally 3207
exempted from taxation. The auditor shall follow the orders of the 3208
commissioner given under this section. An abstract of such list 3209
shall be filed annually with the commissioner, on a form approved 3210
by the commissioner, and a copy thereof shall be kept on file in 3211
the office of each auditor for public inspection.3212

        An application for exemption of property shall include a 3213
certificate executed by the county treasurer certifying one of the 3214
following:3215

       (1) That all taxes, interest, and penalties levied and 3216
assessed against the property sought to be exempted have been paid 3217
in full for all of the tax years preceding the tax year for which 3218
the application for exemption is filed, except for such taxes, 3219
interest, and penalties that may be remitted under division (C) of 3220
this section;3221

       (2) That the applicant has entered into a valid delinquent 3222
tax contract with the county treasurer pursuant to division (A) of 3223
section 323.31 of the Revised Code to pay all of the delinquent 3224
taxes, interest, and penalties charged against the property, 3225
except for such taxes, interest, and penalties that may be 3226
remitted under division (C) of this section. If the auditor 3227
receives notice under section 323.31 of the Revised Code that such 3228
a written delinquent tax contract has become void, the auditor 3229
shall strike such property from the list of exempted property and 3230
reenter such property on the taxable list. If property is removed 3231
from the exempt list because a written delinquent tax contract has 3232
become void, current taxes shall first be extended against that 3233
property on the general tax list and duplicate of real and public 3234
utility property for the tax year in which the auditor receives 3235
the notice required by division (A) of section 323.31 of the 3236
Revised Code that the delinquent tax contract has become void or, 3237
if that notice is not timely made, for the tax year in which falls 3238
the latest date by which the treasurer is required by such section 3239
to give such notice. A county auditor shall not remove from any 3240
tax list and duplicate the amount of any unpaid delinquent taxes, 3241
assessments, interest, or penalties owed on property that is 3242
placed on the exempt list pursuant to this division.3243

       (3) That a tax certificate has been issued under section 3244
5721.32 or 5721.33 of the Revised Code with respect to the 3245
property that is the subject of the application, and the tax 3246
certificate is outstanding.3247

       (B) If the treasurer's certificate is not included with the 3248
application or the certificate reflects unpaid taxes, penalties, 3249
and interest that may not be remitted, the tax commissioner or 3250
county auditor with whom the application was filed shall notify 3251
the property owner of that fact, and the applicant shall be given 3252
sixty days from the date that notification was mailed in which to 3253
provide the tax commissioner or county auditor with a corrected 3254
treasurer's certificate. If a corrected treasurer's certificate is 3255
not received within the time permitted, the tax commissioner or 3256
county auditor does not have authority to consider the tax 3257
exemption application.3258

        (C) Any taxes, interest, and penalties which have become a 3259
lien after the property was first used for the exempt purpose, but 3260
in no case prior to the date of acquisition of the title to the 3261
property by the applicant, may be remitted by the commissioner or 3262
county auditor, except as is provided in division (A) of section 3263
5713.081 of the Revised Code.3264

       (D) Real property acquired by the state in fee simple is 3265
exempt from taxation from the date of acquisition of title or date 3266
of possession, whichever is the earlier date, provided that all 3267
taxes, interest, and penalties as provided in the apportionment 3268
provisions of section 319.20 of the Revised Code have been paid to 3269
the date of acquisition of title or date of possession by the 3270
state, whichever is earlier. The proportionate amount of taxes 3271
that are a lien but not yet determined, assessed, and levied for 3272
the year in which the property is acquired, shall be remitted by 3273
the county auditor for the balance of the year from date of 3274
acquisition of title or date of possession, whichever is earlier. 3275
This section shall not be construed to authorize the exemption of 3276
such property from taxation or the remission of taxes, interest, 3277
and penalties thereon until all private use has terminated.3278

       Sec. 5713.081. (A) No application for real property tax 3279
exemption and tax remission shall be filed with, or considered by, 3280
the tax commissioner or county auditor in which tax remission is 3281
requested for more than three tax years, and the commissioner or 3282
auditor shall not remit more than three years' taxes, penalties, 3283
and interest.3284

       (B) All taxes, penalties, and interest, that have been 3285
delinquent for more than three years, appearing on the general tax 3286
list and duplicate of real property which have been levied and 3287
assessed against parcels of real property owned by the state, any 3288
political subdivision, or any other entity whose ownership of real 3289
property would constitute public ownership, shall be collected by 3290
the county auditor of the county where the real property is 3291
located. SuchThe auditor shall deduct from each distribution made 3292
by the auditor, the amount necessary to pay the tax delinquency 3293
from any revenues or funds to the credit of the state, any 3294
political subdivision, or any other entity whose ownership of real 3295
property would constitute public ownership thereof, passing under 3296
the auditor's control, or which come into the auditor's 3297
possession, and such deductions shall be made on a continuing 3298
basis until all delinquent taxes, penalties, and interest noted in 3299
this section have been paid.3300

       (C) As used in division (B) of this section, "political 3301
subdivision" includes townships, municipalities, counties, school 3302
districts, boards of education, all state and municipal 3303
universities, park boards, and any other entity whose ownership of 3304
real property would constitute public ownership.3305

       Sec. 5713.082.  (A) Whenever the county auditor reenters an 3306
item of property to the tax list as provided in section 5713.08 of 3307
the Revised Code and there has been no conveyance of the property 3308
between separate entities, the auditor shall send notice by 3309
certified mail to the owner of the property that it is now subject 3310
to property taxation as a result of such action. The auditor shall 3311
send the notice at the same time the auditor certifies the real 3312
property tax duplicate to the county treasurer. The notice shall 3313
describe the property and indicate that the owner may reapply for 3314
tax exemption by filing an application for exemption as provided 3315
in section 5715.27 of the Revised Code, and that failure to file 3316
such an application within the proper time period will result in 3317
the owner having to pay the taxes even if the property continued 3318
to be used for an exempt purpose.3319

       (B) If the auditor failed to send the notice required by this 3320
section, and if the owner of the property subsequently files an 3321
application for tax exemption for the property for the current tax 3322
year, the tax commissioner or county auditor may grant exemption 3323
to the property, and the commissioner or auditor shall remit all 3324
taxes and penalties for each prior year since the property was 3325
reentered on the tax list, notwithstanding the provisions of3326
division (A) of section 5713.081 of the Revised Code.3327

       Sec. 5715.13. The(A) Except as provided in division (B) of 3328
this section, the county board of revision shall not decrease any 3329
valuation unless a party affected thereby or who is authorized to 3330
file a complaint under section 5715.19 of the Revised Code makes 3331
and files with the board a written application therefor, verified 3332
by oath, showing the facts upon which it is claimed such decrease 3333
should be made.3334

       (B) The county board of revision may authorize a policy for 3335
the filing of an electronic complaint under section 5715.19 of the 3336
Revised Code and the filing of an electronic application therefor 3337
under this section, subject to the approval of the tax 3338
commissioner. An electronic complaint need not be sworn to, but 3339
shall contain an electronic verification and shall be subscribed 3340
to by the person filing the complaint: "I declare under penalties 3341
of perjury that this complaint has been examined by me and to the 3342
best of my knowledge and belief is true, correct, and complete."3343

       Sec. 5715.27.  (A)(1) Except as provided in division (A)(2) 3344
of this section and in section 3735.67 of the Revised Code, the 3345
owner, a vendee in possession under a purchase agreement or a land 3346
contract, the beneficiary of a trust, or a lessee for an initial 3347
term of not less than thirty years of any property may file an 3348
application with the tax commissioner, on forms prescribed by the 3349
commissioner, requesting that such property be exempted from 3350
taxation and that taxes, interest, and penalties be remitted as 3351
provided in division (C) of section 5713.08 of the Revised Code.3352

       (2) If the property that is the subject of the application 3353
for exemption is any of the following, the application shall be 3354
filed with the county auditor of the county in which the property 3355
is listed for taxation:3356

       (a) A public road or highway;3357

       (b) Property belonging to the federal government of the 3358
United States;3359

       (c) Additions or other improvements to an existing building 3360
or structure that belongs to the state or a political subdivision, 3361
as defined in section 5713.081 of the Revised Code, and that is 3362
exempted from taxation as property used exclusively for a public 3363
purpose;3364

       (d) Property of the boards of trustees and of the housing 3365
commissions of the state universities, the northeastern Ohio 3366
universities college of medicine, and of the state to be exempted 3367
under section 3345.17 of the Revised Code.3368

       (B) The board of education of any school district may request 3369
the tax commissioner or county auditor to provide it with 3370
notification of applications for exemption from taxation for 3371
property located within that district. If so requested, the 3372
commissioner or auditor shall send to the board on a monthly basis 3373
reports that contain sufficient information to enable the board to 3374
identify each property that is the subject of an exemption 3375
application, including, but not limited to, the name of the 3376
property owner or applicant, the address of the property, and the 3377
auditor's parcel number. The commissioner or auditor shall mail 3378
the reports by the fifteenth day of the month following the end of 3379
the month in which the commissioner or auditor receives the 3380
applications for exemption.3381

       (C) A board of education that has requested notification 3382
under division (B) of this section may, with respect to any 3383
application for exemption of property located in the district and 3384
included in the commissioner's or auditor's most recent report 3385
provided under that division, file a statement with the 3386
commissioner or auditor and with the applicant indicating its 3387
intent to submit evidence and participate in any hearing on the 3388
application. The statements shall be filed prior to the first day 3389
of the third month following the end of the month in which that 3390
application was docketed by the commissioner or auditor. A 3391
statement filed in compliance with this division entitles the 3392
district to submit evidence and to participate in any hearing on 3393
the property and makes the district a party for purposes of 3394
sections 5717.02 to 5717.04 of the Revised Code in any appeal of 3395
the commissioner's or auditor's decision to the board of tax 3396
appeals.3397

       (D) The commissioner or auditor shall not hold a hearing on 3398
or grant or deny an application for exemption of property in a 3399
school district whose board of education has requested 3400
notification under division (B) of this section until the end of 3401
the period within which the board may submit a statement with 3402
respect to that application under division (C) of this section. 3403
The commissioner or auditor may act upon an application at any 3404
time prior to that date upon receipt of a written waiver from each 3405
such board of education, or, in the case of exemptions authorized 3406
by section 725.02, 1728.10, 5709.40, 5709.41, 5709.411, 5709.62, 3407
5709.63, 5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the 3408
Revised Code, upon the request of the property owner. Failure of a 3409
board of education to receive the report required in division (B) 3410
of this section shall not void an action of the commissioner or 3411
auditor with respect to any application. The commissioner or 3412
auditor may extend the time for filing a statement under division 3413
(C) of this section.3414

       (E) A complaint may also be filed with the commissioner or 3415
auditor by any person, board, or officer authorized by section 3416
5715.19 of the Revised Code to file complaints with the county 3417
board of revision against the continued exemption of any property 3418
granted exemption by the commissioner or auditor under this 3419
section.3420

       (F) An application for exemption and a complaint against 3421
exemption shall be filed prior to the thirty-first day of December 3422
of the tax year for which exemption is requested or for which the 3423
liability of the property to taxation in that year is requested. 3424
The commissioner or auditor shall consider such application or 3425
complaint in accordance with procedures established by the 3426
commissioner, determine whether the property is subject to 3427
taxation or exempt therefrom, and, if the commissioner makes the 3428
determination, certify the commissioner's findingsdetermination3429
to the auditor, who. Upon making the determination or receiving 3430
the commissioner's determination, the auditor shall correct the 3431
tax list and duplicate accordingly. If a tax certificate has been 3432
sold under section 5721.32 or 5721.33 of the Revised Code with 3433
respect to property for which an exemption has been requested, the 3434
tax commissioner or auditor shall also certify the findings to the 3435
county treasurer of the county in which the property is located.3436

       (G) Applications and complaints, and documents of any kind 3437
related to applications and complaints, filed with the tax 3438
commissioner or county auditor under this section, are public 3439
records within the meaning of section 149.43 of the Revised Code.3440

       (H) If the commissioner or auditor determines that the use of 3441
property or other facts relevant to the taxability of property 3442
that is the subject of an application for exemption or a complaint 3443
under this section has changed while the application or complaint 3444
was pending, the commissioner or auditor may make the 3445
determination under division (F) of this section separately for 3446
each tax year beginning with the year in which the application or 3447
complaint was filed or the year for which remission of taxes under 3448
division (C) of section 5713.08 of the Revised Code was requested, 3449
and including each subsequent tax year during which the 3450
application or complaint is pending before the commissioner or 3451
auditor.3452

       Sec. 5717.02. (A) Except as otherwise provided by law, 3453
appeals from final determinations by the tax commissioner of any 3454
preliminary, amended, or final tax assessments, reassessments, 3455
valuations, determinations, findings, computations, or orders made 3456
by the commissioner may be taken to the board of tax appeals by 3457
the taxpayer, by the person to whom notice of the tax assessment, 3458
reassessment, valuation, determination, finding, computation, or 3459
order by the commissioner is required by law to be given, by the 3460
director of budget and management if the revenues affected by such3461
that decision would accrue primarily to the state treasury, or by 3462
the county auditors of the counties to the undivided general tax 3463
funds of which the revenues affected by suchthat decision would 3464
primarily accrue. Appeals from the redetermination by the director 3465
of development under division (B) of section 5709.64 or division 3466
(A) of section 5709.66 of the Revised Code may be taken to the 3467
board of tax appeals by the enterprise to which notice of the 3468
redetermination is required by law to be given. Appeals from a 3469
decision of the tax commissioner or county auditor concerning an 3470
application for a property tax exemption may be taken to the board 3471
of tax appeals by the applicant or by a school district that filed 3472
a statement concerning suchthat application under division (C) of 3473
section 5715.27 of the Revised Code. Appeals from a 3474
redetermination by the director of job and family services under 3475
section 5733.42 of the Revised Code may be taken by the person to 3476
which the notice of the redetermination is required by law to be 3477
given under that section.3478

       Such(B) The appeals shall be taken by the filing of a notice 3479
of appeal with the board, and with the tax commissioner if the tax 3480
commissioner's action is the subject of the appeal, with the 3481
county auditor if the county auditor's action is the subject of 3482
the appeal, with the director of development if that director's 3483
action is the subject of the appeal, or with the director of job 3484
and family services if that director's action is the subject of 3485
the appeal. The notice of appeal shall be filed within sixty days 3486
after service of the notice of the tax assessment, reassessment, 3487
valuation, determination, finding, computation, or order by the 3488
commissioner, property tax exemption determination by the 3489
commissioner or the county auditor, or redetermination by the 3490
director has been given as provided in section 5703.37, 5709.64, 3491
5709.66, or 5733.42 of the Revised Code. The notice of such3492
appeal may be filed in person or by certified mail, express mail, 3493
or authorized delivery service. If the notice of such appeal is 3494
filed by certified mail, express mail, or authorized delivery 3495
service as provided in section 5703.056 of the Revised Code, the 3496
date of the United States postmark placed on the sender's receipt 3497
by the postal service or the date of receipt recorded by the 3498
authorized delivery service shall be treated as the date of 3499
filing. The notice of appeal shall have attached theretoto it and 3500
incorporated thereinin it by reference a true copy of the notice 3501
sent by the commissioner, county auditor, or director to the 3502
taxpayer, enterprise, or other person of the final determination 3503
or redetermination complained of, and shall also specify the 3504
errors therein complained of, but failure to attach a copy of such3505
that notice and to incorporate it by reference in the notice of 3506
appeal does not invalidate the appeal.3507

       (C) Upon the filing of a notice of appeal, the tax 3508
commissioner, county auditor, or the director, as appropriate, 3509
shall certify to the board a transcript of the record of the 3510
proceedings before the commissioner, auditor, or director, 3511
together with all evidence considered by the commissioner, 3512
auditor, or director in connection therewithwith the proceedings. 3513
SuchThose appeals or applications may be heard by the board at 3514
its office in Columbus or in the county where the appellant 3515
resides, or it may cause its examiners to conduct suchthe3516
hearings and to report to it their findings for affirmation or 3517
rejection.3518

       (D) The board may order the appeal to be heard upon the 3519
record and the evidence certified to it by the commissioner, 3520
county auditor, or director, but upon the application of any 3521
interested party the board shall order the hearing of additional 3522
evidence, and it may make suchan investigation concerning the 3523
appeal asthat it considers proper.3524

       Section 2. That existing sections 9.37, 9.482, 135.01, 3525
135.143, 135.35, 167.03, 305.171, 305.23, 307.862, 307.88, 329.01, 3526
330.04, 349.01, 349.03, 349.04, 349.06, 349.14, 505.603, 3917.04, 3527
4931.41, 4931.43, 4931.44, 4931.45, 4931.49, 4931.50, 4931.64, 3528
4931.65, 4931.66, 5101.01, 5705.13, 5705.392, 5713.07, 5713.08, 3529
5713.081, 5713.082, 5715.13, 5715.27, and 5717.02 of the Revised 3530
Code are hereby repealed.3531

       Section 3. The amendments to Chapter 349. of the Revised Code 3532
enacted by this act apply to any proceedings commenced after the 3533
amendments' effective date, and, so far as their provisions 3534
support the actions taken, also apply to proceedings that on their 3535
effective date are pending, in progress, or completed, 3536
notwithstanding the applicable law previously in effect or any 3537
provision to the contrary in a prior resolution, ordinance, order, 3538
advertisement, notice, or other proceeding. Any proceedings 3539
pending or in progress on the effective date of those amendments 3540
shall be deemed to have been taken in conformity with the 3541
amendment.3542

       The authority provided in the amendments to Chapter 349. of 3543
the Revised Code of this act provide additional and supplemental 3544
provisions for the subject matter that may also be the subject of 3545
other laws, and is supplemental to and not in derogation of any 3546
similar authority provided by, derived from, or implied by, the 3547
Ohio Constitution, or any other law, including laws amended by 3548
this act, or any charter, order, resolution, or ordinance, and no 3549
inference shall be drawn to negate the authority thereunder by 3550
reason of express provisions contained in the amendments to 3551
Chapter 349. of the Revised Code enacted by this act.3552

       Section 4. The amendments by this act to sections 5713.07, 3553
5713.08, 5713.081, 5713.082, 5715.27, and 5717.02 of the Revised 3554
Code apply to applications for exemptions filed for tax year 2011 3555
or thereafter.3556

       Section 5.  Section 5713.08 of the Revised Code is presented 3557
in this act as a composite of the section as amended by both Sub. 3558
H.B. 160 and Sub. H.B. 289 of the 127th General Assembly. The 3559
General Assembly, applying the principle stated in division (B) of 3560
section 1.52 of the Revised Code that amendments are to be 3561
harmonized if reasonably capable of simultaneous operation, finds 3562
that the composite is the resulting version of the section in 3563
effect prior to the effective date of the section as presented in 3564
this act.3565