As Passed by the House

129th General Assembly
Regular Session
2011-2012
Am. H. B. No. 387


Representatives Sears, Ashford 

Cosponsors: Representatives Letson, Gardner, Hill, McGregor, Antonio, Combs, Fedor, Stebelton, Brenner, Hackett, Blair, Blessing, Ruhl 

A BILL
To amend section 505.60 and to enact section 307.093 1
of the Revised Code to authorize a board of county 2
commissioners of any county to enter into 3
agreements for the sale and leaseback of all or 4
portions of county buildings, and to authorize a 5
township to reimburse an officer or employee for 6
out-of-pocket premiums attributable to insurance 7
coverage provided for the immediate dependents of 8
the officer or employee. 9


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

       Section 1. That section 505.60 be amended and section 307.093 10
of the Revised Code be enacted to read as follows:11

       Sec. 307.093. A board of county commissioners may enter into 12
a sale and leaseback agreement under which the board agrees to 13
convey a county-owned building to a purchaser who is obligated, 14
immediately upon closing, to lease all or portions of the building 15
back to the board. The sale and leaseback agreement shall obligate 16
the lessor to make public improvements to all or portions of the 17
building subject to the lease, including renovations, energy 18
conservation measures, and other measures that are necessary to 19
improve the functionality and reduce the operating costs of the 20
portions of the building that are subject to the lease.21

       The sale and leaseback agreement shall require that, subject 22
to section 4117.07 of the Revised Code, the lessor recognize the 23
employee organization that represents the employees who work in 24
the building or portion of the building that is the subject of the 25
sale and leaseback agreement as the exclusive representative, as 26
defined in section 4117.01 of the Revised Code, of those 27
employees.28

       The authority granted by this section is not subject to the 29
limitations imposed by sections 307.02 and 307.09 of the Revised 30
Code.31

       Sec. 505.60.  (A) As provided in this section and section 32
505.601 of the Revised Code, the board of township trustees of any 33
township may procure and pay all or any part of the cost of 34
insurance policies that may provide benefits for hospitalization, 35
surgical care, major medical care, disability, dental care, eye 36
care, medical care, hearing aids, prescription drugs, or sickness 37
and accident insurance, or a combination of any of the foregoing 38
types of insurance for township officers and employees. The board 39
of township trustees of any township may negotiate and contract 40
for the purchase of a policy of long-term care insurance for 41
township officers and employees pursuant to section 124.841 of the 42
Revised Code.43

        If the board procures any insurance policies under this 44
section, the board shall provide uniform coverage under these 45
policies for township officers and full-time township employees 46
and their immediate dependents, and may provide coverage under 47
these policies for part-time township employees and their 48
immediate dependents, from the funds or budgets from which the 49
officers or employees are compensated for services, such policies 50
to be issued by an insurance company duly authorized to do 51
business in this state. 52

       (B) The board may also provide coverage for any or all of the 53
benefits described in division (A) of this section by entering 54
into a contract for group health care services with health 55
insuring corporations holding certificates of authority under 56
Chapter 1751. of the Revised Code for township officers and 57
employees and their immediate dependents. If the board so 58
contracts, it shall provide uniform coverage under any such 59
contracts for township officers and full-time township employees 60
and their immediate dependents, from the funds or budgets from 61
which the officers or employees are compensated for services, and 62
may provide coverage under such contracts for part-time township 63
employees and their immediate dependents, from the funds or 64
budgets from which the officers or employees are compensated for 65
services, provided that each officer and employee so covered is 66
permitted to:67

       (1) Choose between a plan offered by an insurance company and 68
a plan offered by a health insuring corporation, and provided 69
further that the officer or employee pays any amount by which the 70
cost of the plan chosen exceeds the cost of the plan offered by 71
the board under this section;72

       (2) Change the choice made under this division at a time each 73
year as determined in advance by the board.74

       An addition of a class or change of definition of coverage to 75
the plan offered under this division by the board may be made at 76
any time that it is determined by the board to be in the best 77
interest of the township. If the total cost to the township of the 78
revised plan for any trustee's coverage does not exceed that cost 79
under the plan in effect during the prior policy year, the 80
revision of the plan does not cause an increase in that trustee's 81
compensation.82

       (C) Any township officer or employee may refuse to accept any 83
coverage authorized by this section without affecting the 84
availability of such coverage to other township officers and 85
employees.86

       (D) If any township officer or employee is denied coverage 87
under a health care plan procured under this section or if any 88
township officer or employee elects not to participate in the 89
township's health care plan, the township may reimburse the 90
officer or employee for each out-of-pocket premium attributable to 91
the coverage provided for the officer or employee and their 92
immediate dependents for insurance benefits described in division 93
(A) of this section that the officer or employee otherwise 94
obtains, but not to exceed an amount equal to the average premium 95
paid by the township for its officers and employees under any 96
health care plan it procures under this section.97

       (E) The board may provide the benefits authorized under this 98
section, without competitive bidding, by contributing to a health 99
and welfare trust fund administered through or in conjunction with 100
a collective bargaining representative of the township employees.101

       The board may also provide the benefits described in this 102
section through an individual self-insurance program or a joint 103
self-insurance program as provided in section 9.833 of the Revised 104
Code.105

       (F) If a board of township trustees fails to pay one or more 106
premiums for a policy, contract, or plan of insurance or health 107
care services authorized under this section and the failure causes 108
a lapse, cancellation, or other termination of coverage under the 109
policy, contract, or plan, it may reimburse a township officer or 110
employee for, or pay on behalf of the officer or employee, any 111
expenses incurred that would have been covered under the policy, 112
contract, or plan.113

       (G) As used in this section and section 505.601 of the 114
Revised Code:115

       (1) "Part-time township employee" means a township employee 116
who is hired with the expectation that the employee will work not 117
more than one thousand five hundred hours in any year.118

       (2) "Premium" does not include any deductible or health care 119
costs paid directly by a township officer or employee.120

       Section 2.  That existing section 505.60 of the Revised Code 121
is hereby repealed.122