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 

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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 education	471
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 board	490
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 subdivision	499
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 education	503
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 health	998
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 or	1713
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 or	1728
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 or	1834
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, the	1884

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 acreage	1889
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 of	2075
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; and	2528

(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; and	2578

(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, or	2688
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 a	2913
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 governments	2942
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, individual	3001
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 joint	3042
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 auditor	3172
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 of	3326
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 findingsdetermination	3429
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 such	3461
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 such	3492
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 such	3505
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 suchthe	3516
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