As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 509

Representative Blair 

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A BILL

To amend sections 118.023, 118.06, 120.53, 305.171,

1

319.59, 329.01, 329.40, 329.41, 329.42, 329.43,

2

329.44, 329.45, 329.46, 330.04, 723.52, 723.53,

3

731.141, 735.05, 737.03, 749.26, 749.28, 749.31,

4

753.15, 755.29, 755.30, 2907.27, 3316.04, 3316.06,

5

3709.08, 3709.28, 3709.34, 3709.36, 4123.41,

6

5101.01, 5705.392, and 6115.20, to enact section

7

319.09, and to repeal section 3709.081 of the

8

Revised Code to make changes to the laws governing

9

local governments, to modify the requirements of

10

arresting authorities and courts regarding

11

venereal disease testing of individuals accused of

12

certain offenses, to modify the manner in which

13

funds are allocated from the Ohio Legal Aid Fund,

14

and to expand the ability of counties to form

15

joint county boards of job and family services.

16

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

Section 1. That sections 118.023, 118.06, 120.53, 305.171,	17
319.59, 329.01, 329.40, 329.41, 329.42, 329.43, 329.44, 329.45,	18
329.46, 330.04, 723.52, 723.53, 731.141, 735.05, 737.03, 749.26,	19
749.28, 749.31, 753.15, 755.29, 755.30, 2907.27, 3316.04, 3316.06,	20
3709.08, 3709.28, 3709.34, 3709.36, 4123.41, 5101.01, 5705.392,	21
and 6115.20 be amended and section 319.09 of the Revised Code be	22
enacted to read as follows:	23

Sec. 118.023.  (A) Upon determining that one or more of the	24
conditions described in section 118.022 of the Revised Code are	25
present, the auditor of state shall issue a written declaration of	26
the existence of a fiscal watch to the municipal corporation,	27
county, or township and the county budget commission. The fiscal	28
watch shall be in effect until the auditor of state determines	29
that none of the conditions are any longer present and cancels the	30
watch, or until the auditor of state determines that a state of	31
fiscal emergency exists. The auditor of state, or a designee,	32
shall provide such technical and support services to the municipal	33
corporation, county, or township after a fiscal watch has been	34
declared to exist as the auditor of state considers necessary.	35

(B) Within one hundred twenty days after the day a written	36
declaration of the existence of a fiscal watch is issued under	37
division (A) of this section, the mayor of the municipal	38
corporation, the board of county commissioners of the county, or	39
the board of township trustees of the township for which a fiscal	40
watch was declared shall submit to the auditor of state a	41
financial recovery plan that shall identify actions to be taken,	42
including entering into shared services agreements with other	43
political subdivisions for the joint exercise of any power,	44
performance of any function, or rendering of any service, if so	45
authorized by statute, to eliminate all of the conditions	46
described in section 118.022 of the Revised Code, and shall	47
include a schedule detailing the approximate dates for beginning	48
and completing the actions, and include a five-year forecast	49
reflecting the effects of the actions. The financial recovery plan	50
is subject to review and approval by the auditor of state. The	51
auditor of state may extend the amount of time by which a	52
financial recovery plan is required to be filed, for good cause	53
shown.	54

(C) If a feasible financial recovery plan for a municipal	55
corporation, county, or township for which a fiscal watch was	56
declared is not submitted within the time period prescribed by	57
division (B) of this section, or within any extension of time	58
thereof, the auditor of state shall declare that a fiscal	59
emergency condition exists under section 118.04 of the Revised	60
Code in the municipal corporation, county, or township.	61

Sec. 118.06.  (A) Within one hundred twenty days after the	62
first meeting of the commission, the mayor of the municipal	63
corporation or the board of county commissioners or board of	64
township trustees shall submit to the commission a detailed	65
financial plan, as approved or amended and approved by ordinance	66
or resolution of the legislative authority, containing the	67
following:	68

(1) Actions to be taken by the municipal corporation, county,	69
or township to:	70

(a) Eliminate all fiscal emergency conditions determined to	71
exist pursuant to section 118.04 of the Revised Code;	72

(b) Satisfy any judgments, past due accounts payable, and all	73
past due and payable payroll and fringe benefits;	74

(c) Eliminate the deficits in all deficit funds;

75

(d) Restore to construction funds and other special funds	76
moneys from such funds that were used for purposes not within the	77
purposes of such funds, or borrowed from such construction funds	78
by the purchase of debt obligations of the municipal corporation,	79
county, or township with the moneys of such funds, or missing from	80
the construction funds or such special funds and not accounted	81
for;	82

(e) Balance the budgets, avoid future deficits in any funds,	83
and maintain current payments of payroll, fringe benefits, and all	84
accounts;	85

(f) Avoid any fiscal emergency condition in the future;

86

(g) Restore the ability of the municipal corporation, county,	87
or township to market long-term general obligation bonds under	88
provisions of law applicable to municipal corporations, counties,	89
or townships generally;	90

(h) Enter into shared services agreements with other	91
political subdivisions for the joint exercise of any power,	92
performance of any function, or rendering of any service, if so	93
authorized by statute.	94

(2) The legal authorities permitting the municipal	95
corporation, county, or township to take the actions enumerated	96
pursuant to division (A)(1) of this section;	97

(3) The approximate dates of the commencement, progress upon,	98
and completion of the actions enumerated pursuant to division	99
(A)(1) of this section, a five-year forecast reflecting the	100
effects of those actions, and a reasonable period of time expected	101
to be required to implement the plan. The municipal corporation,	102
county, or township, in consultation with the commission and the	103
financial supervisor, shall prepare a reasonable time schedule for	104
progress toward and achievement of the requirements for the	105
financial plan and the financial plan shall be consistent with	106
that time schedule.	107

(4) The amount and purpose of any issue of debt obligations	108
that will be issued, together with assurances that any such debt	109
obligations that will be issued will not exceed debt limits	110
supported by appropriate certifications by the fiscal officer of	111
the municipal corporation, county, or township and the county	112
auditor;	113

(5) Assurances that the municipal corporation, county, or	114
township will establish monthly levels of expenditures and	115
encumbrances pursuant to division (B)(2) of section 118.07 of the	116
Revised Code;	117

(6) Assurances that the municipal corporation, county, or	118
township will conform to statutes with respect to tax budgets and	119
appropriation measures;	120

(7) The detail, the form, and the supporting information that	121
the commission may direct.	122

(B) The financial plan developed pursuant to division (A) of	123
this section shall be filed with the financial supervisor and the	124
financial planning and supervision commission and shall be updated	125
annually. After consultation with the financial supervisor, the	126
commission shall either approve or reject any initial or	127
subsequent financial plan. If the commission rejects the initial	128
or any subsequent financial plan, it shall forthwith inform the	129
mayor and legislative authority of the municipal corporation or	130
the board of county commissioners or board of township trustees of	131
the reasons for its rejection. Within thirty days after the	132
rejection of any plan, the mayor with the approval of the	133
legislative authority by the passage of an ordinance or	134
resolution, or the board of county commissioners or board of	135
township trustees, shall submit another plan meeting the	136
requirements of divisions (A)(1) to (7) of this section, to the	137
commission and the financial supervisor for approval or rejection	138
by the commission.	139

(C) Any initial or subsequent financial plan passed by the	140
municipal corporation, county, or township shall be approved by	141
the commission if it complies with divisions (A)(1) to (7) of this	142
section, and if the commission finds that the plan is bona fide	143
and can reasonably be expected to be implemented within the period	144
specified in the plan.	145

(D) Any financial plan may be amended subsequent to its	146
adoption in the same manner as the passage and approval of the	147
initial or subsequent plan pursuant to divisions (A) to (C) of	148
this section.	149

(E) If a municipal corporation, county, or township fails to	150
submit a financial plan as required by this section, or fails to	151
substantially comply with an approved financial plan, upon	152
certification of the commission, all state funding for that	153
municipal corporation, county, or township other than benefit	154
assistance to individuals shall be escrowed until a feasible plan	155
is submitted and approved or substantial compliance with the plan	156
is achieved, as the case may be.	157

Sec. 120.53.  (A) A legal aid society that operates within	158
the state may apply to the Ohio legal assistance foundation for	159
financial assistance from the legal aid fund established by	160
section 120.52 of the Revised Code to be used for the funding of	161
the society during the calendar year following the calendar year	162
in which application is made.	163

(B) An application for financial assistance made under	164
division (A) of this section shall be submitted by the first day	165
of November of the calendar year preceding the calendar year for	166
which financial assistance is desired and shall include all of the	167
following:	168

(1) Evidence that the applicant is incorporated in this state	169
as a nonprofit corporation;	170

(2) A list of the trustees of the applicant;

171

(3) The proposed budget of the applicant for these funds for	172
the following calendar year;	173

(4) A summary of the services to be offered by the applicant	174
in the following calendar year;	175

(5) A specific description of the territory or constituency	176
served by the applicant;	177

(6) An estimate of the number of persons to be served by the	178
applicant during the following calendar year;	179

(7) A general description of the additional sources of the	180
applicant's funding;	181

(8) The amount of the applicant's total budget for the	182
calendar year in which the application is filed that it will	183
expend in that calendar year for legal services in each of the	184
counties it serves;	185

(9) A specific description of any services, programs,	186
training, and legal technical assistance to be delivered by the	187
applicant or by another person pursuant to a contract with the	188
applicant, including, but not limited to, by private attorneys or	189
through reduced fee plans, judicare panels, organized pro bono	190
programs, and mediation programs.	191

(C) The Ohio legal assistance foundation shall determine	192
whether each applicant that filed an application for financial	193
assistance under division (A) of this section in a calendar year	194
is eligible for financial assistance under this section. To be	195
eligible for such financial assistance, an applicant shall satisfy	196
the criteria for being a legal aid society and shall be in	197
compliance with the provisions of sections 120.51 to 120.55 of the	198
Revised Code and with the rules and requirements the foundation	199
establishes pursuant to section 120.52 of the Revised Code. The	200
Ohio legal assistance foundation then, on or before the fifteenth	201
day of December of the calendar year in which the application is	202
filed, shall notify each such applicant, in writing, whether it is	203
eligible for financial assistance under this section, and if it is	204
eligible, estimate the amount that will be available for that	205
applicant for each six-month distribution period, as determined	206
under division (D) of this section.	207

(D) The Ohio legal assistance foundation shall allocate	208
moneys contained in the legal aid fund monthly for distribution to	209
applicants that filed their applications in the previous calendar	210
year and are determined to be eligible applicants.	211

All moneys contained in the fund on the first day of each	212
month shall be allocated, after deduction of the costs of	213
administering sections 120.51 to 120.55 and sections 1901.26,	214
1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised	215
Code that are authorized by section 120.52 of the Revised Code,	216
according to this section and shall be distributed accordingly not	217
later than the last day of the month following the month the	218
moneys were received. In making the allocations under this	219
section, the moneys in the fund that were generated pursuant to	220
sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and	221
4705.10 of the Revised Code shall be apportioned as follows:	222

(1) After deduction of the amount authorized and used for	223
actual, reasonable administrative costs under section 120.52 of	224
the Revised Code:	225

(a) Five per cent of the moneys remaining in the fund shall	226
be reserved for use in the manner described in division (A) of	227
section 120.521 of the Revised Code or for distribution to legal	228
aid societies that provide assistance to special population groups	229
of their eligible clients, engage in special projects that have a	230
substantial impact on their local service area or on significant	231
segments of the state's poverty population, or provide legal	232
training or support to other legal aid societies in the state;	233

(b) After deduction of the amount described in division	234
(D)(1)(a) of this section, one and three-quarters per cent of the	235
moneys remaining in the fund shall be apportioned among entities	236
that received financial assistance from the legal aid fund prior	237
to the effective date of this amendmentJuly 1, 1993, but that, on	238
and after the effective date of this amendmentJuly 1, 1993, no	239
longer qualify as a legal aid society that is eligible for	240
financial assistance under this section.	241

(c) After deduction of the amounts described in divisions	242
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys	243
remaining in the fund shall be placed in the legal assistance	244
foundation fund for use in the manner described in division (A) of	245
section 120.521 of the Revised Code.	246

(2) After deduction of the actual, reasonable administrative	247
costs under section 120.52 of the Revised Code and after deduction	248
of the amounts identified in divisions (D)(1)(a), (b), and (c) of	249
this section, the remaining moneys shall be apportioned among the	250
counties that are served by eligible legal aid societies that have	251
applied for financial assistance under this section so that each	252
such county is apportioned a portion of those moneys, based upon	253
the ratio of the number of indigents who reside in that county to	254
the total number of indigents who reside in all counties of this	255
state that are served by eligible legal aid societies that have	256
applied for financial assistance under this section. Subject to	257
division (E) of this section, the moneys apportioned to a county	258
under this division then shall be allocated to the eligible legal	259
aid society that serves the county and that has applied for	260
financial assistance under this section. For purposes of this	261
division, the source of data identifying the number of indigent	262
persons who reside in a county shall be the most recent decennial	263
censusselected by the Ohio legal assistance foundation from the	264
best available figures frommaintained by the United States	265
department of commerce, division of census bureau.	266

(E) If the Ohio legal assistance foundation, in attempting to	267
make an allocation of moneys under division (D)(2) of this	268
section, determines that a county that has been apportioned money	269
under that division is served by more than one eligible legal aid	270
society that has applied for financial assistance under this	271
section, the Ohio legal assistance foundation shall allocate the	272
moneys that have been apportioned to that county under division	273
(D)(2) of this section among all eligible legal aid societies that	274
serve that county and that have applied for financial assistance	275
under this section on a pro rata basis, so that each such eligible	276
society is allocated a portion based upon the amount of its total	277
budget expended in the prior calendar year for legal services in	278
that county as compared to the total amount expended in the prior	279
calendar year for legal services in that county by all eligible	280
legal aid societies that serve that county and that have applied	281
for financial assistance under this section.	282

(F) Moneys allocated to eligible applicants under this	283
section shall be paid monthly beginning the calendar year	284
following the calendar year in which the application is filed.	285

(G)(1) A legal aid society that receives financial assistance	286
in any calendar year under this section shall file an annual	287
report with the Ohio legal assistance foundation detailing the	288
number and types of cases handled, and the amount and types of	289
legal training, legal technical assistance, and other service	290
provided, by means of that financial assistance. No information	291
contained in the report shall identify or enable the	292
identification of any person served by the legal aid society or in	293
any way breach client confidentiality.	294

(2) The Ohio legal assistance foundation shall make an annual	295
report to the governor, the general assembly, and the supreme	296
court on the distribution and use of the legal aid fund. The	297
foundation also shall include in the annual report an audited	298
financial statement of all gifts, bequests, donations,	299
contributions, and other moneys the foundation receives. No	300
information contained in the report shall identify or enable the	301
identification of any person served by a legal aid society, or in	302
any way breach confidentiality.	303

(H) A legal aid society may enter into agreements for the	304
provision of services, programs, training, or legal technical	305
assistance for the legal aid society or to indigent persons.	306

Sec. 305.171. The following applies until the department of	307
administrative services implements for counties the health care	308
plans under section 9.901 of the Revised Code. If those plans do	309
not include or address any benefits listed in division (A) of this	310
section, the following provisions continue in effect for those	311
benefits.	312

(A) The board of county commissioners of any county may	313
contract for, purchase, or otherwise procure and pay all or any	314
part of the cost of any of the following insurance, coverage, or	315
benefits issued by an insurance company or administered by a board	316
of county commissioners or a contractor, for county officers and	317
employees and their immediate dependents from the funds or budgets	318
from which the county officers or employees are compensated for	319
services:	320

(1) Group insurance policies that may provide any of the	321
following:	322

(a) Benefits including, but not limited to, hospitalization,	323
surgical care, major medical care, disability, dental care, eye	324
care, medical care, hearing aids, or prescription drugs;	325

(b) Sickness and accident insurance;

326

(c) Group legal services;

327

(d) Group life insurance.

328

(2) Any other qualified benefit available under section 125	329
of the "Internal Revenue Code of 1986," 26 U.S.C. 125;	330

(3) A health and wellness benefit program through which the	331
county provides a benefit or incentive to county officers,	332
employees, and their immediate dependents to maintain a healthy	333
lifestyle, including, but not limited to, programs to encourage	334
healthy eating and nutrition, exercise and physical activity,	335
weight control or the elimination of obesity, and cessation of	336
smoking or alcohol use.	337

(4) Any combination of any of the foregoing types of	338
insurance, coverage, or benefits.	339

(B) The board of county commissioners also may negotiate and	340
contract for any plan or plans of health care services with health	341
insuring corporations holding a certificate of authority under	342
Chapter 1751. of the Revised Code, provided that each county	343
officer or employee shall be permitted to do both of the	344
following:	345

(1) Exercise an option between a plan offered by an insurance	346
company and a plan or plans offered by health insuring	347
corporations under this division, on the condition that the county	348
officer or employee shall pay any amount by which the cost of the	349
plan chosen by the county officer or employee pursuant to this	350
division exceeds the cost of the plan offered under division (A)	351
of this section;	352

(2) Change from one of the plans to another at a time each	353
year as determined by the board.	354

(C) Section 307.86 of the Revised Code does not apply to the	355
purchase of benefits for county officers or employees under	356
divisions (A) and (B) of this section when those benefits are	357
provided through a jointly administered health and welfare trust	358
fund in which the county or contracting authority and a collective	359
bargaining representative of the county employees or contracting	360
authority agree to participate.	361

(D) The board of trustees of a jointly administered trust	362
fund that receives contributions pursuant to collective bargaining	363
agreements entered into between the board of county commissioners	364
of any county and a collective bargaining representative of the	365
employees of the county may provide for self-insurance of all risk	366
in the provision of fringe benefits, and may provide through the	367
self-insurance method specific fringe benefits as authorized by	368
the rules of the board of trustees of the jointly administered	369
trust fund. The fringe benefits may include, but are not limited	370
to, hospitalization, surgical care, major medical care,	371
disability, dental care, vision care, medical care, hearing aids,	372
prescription drugs, group life insurance, sickness and accident	373
insurance, group legal services, or a combination of any of the	374
foregoing types of insurance or coverage, for county employees and	375
their dependents.	376

(E) The board of county commissioners may provide the	377
benefits described in divisions (A) to (D) of this section through	378
an individual self-insurance program or a joint self-insurance	379
program as provided in section 9.833 of the Revised Code.	380

(F) When a board of county commissioners offers benefits	381
authorized under this section to a county officer or employee, the	382
board may offer the benefits through a cafeteria plan meeting the	383
requirements of section 125 of the "Internal Revenue Code of	384
1986," 100 Stat. 2085, 26 U.S.C.A. 125, as amended, and, as part	385
of that plan, may offer the county officer or employee the option	386
of receiving a cash payment in any form permissible under such	387
cafeteria plans. A cash payment made to a county officer or	388
employee under this division shall not exceed twenty-five per cent	389
of the cost of premiums or payments that otherwise would be paid	390
by the board for benefits for the county officer or employee under	391
a policy or plan.	392

(G) The board of county commissioners may establish a policy	393
authorizing any county appointing authority to make a cash payment	394
to any county officer or employee in lieu of providing a benefit	395
authorized under this section if the county officer or employee	396
elects to take the cash payment instead of the offered benefit. A	397
cash payment made to a county officer or employee under this	398
division shall not exceed twenty-five per cent of the cost of	399
premiums or payments that otherwise would be paid by the board for	400
benefits for the county officer or employee under an offered	401
policy or plan.	402

(H) No cash payment in lieu of a health benefit shall be made	403
to a county officer or employee under division (F) or (G) of this	404
section unless the county officer or employee signs a statement	405
affirming that the county officer or employee is covered under	406
another health insurance or health care policy, contract, or plan,	407
and setting forth the name of the employer, if any, that sponsors	408
the coverage, the name of the carrier that provides the coverage,	409
and the identifying number of the policy, contract, or plan.	410

(I) The legislative authority of a county-operated municipal	411
court, after consultation with the judges, or the clerk and deputy	412
clerks, of the municipal court, shall negotiate and contract for,	413
purchase, or otherwise procure, and pay the costs, premiums, or	414
charges for, group health care coverage for the judges, and group	415
health care coverage for the clerk and deputy clerks, in	416
accordance with section 1901.111 or 1901.312 of the Revised Code.	417

(J) As used in this section:

418

(1) "County officer or employee" includes, but is not limited	419
to, a member or employee of the county board of elections.	420

(2) "County-operated municipal court" and "legislative	421
authority" have the same meanings as in section 1901.03 of the	422
Revised Code.	423

(3) "Health care coverage" has the same meaning as in section	424
1901.111 of the Revised Code.	425

Sec. 319.09. The county auditor, if authorized by a	426
resolution of the board of county commissioners, may serve as the	427
fiscal officer of any department, office, or agency of the county.	428

Sec. 319.59. (A)(1) Each county sealer of weights and	429
measures shall appoint, by writing under histhe county sealer's	430
hand and seal, one or more inspectors, who shall compare weights	431
and measures whereeverwherever they are used or maintained for	432
use within histhe county sealer's county, or which are brought to	433
the office of the county sealer for that purpose, with the copies	434
of the standards in the possession of the county sealer. Such	435
inspectorsA county sealer may share the services of an inspector	436
or inspectors appointed under this division with another county	437
sealer, provided that the inspector remains a part-time employee	438
of each county by whom the inspector is employed. If the inspector	439
becomes a full-time employee of one county, the inspector's	440
employment with the other county shall be terminated.	441

(2) In lieu of appointing or sharing inspectors under	442
division (A)(1) of this section, the county sealer may enter into	443
a contract with a private person to employ the person to perform	444
the same services that an inspector appointed under this section	445
would perform. Each person employed under this division shall meet	446
the training and continuing education requirements established for	447
weights and measures inspector personnel by the director of	448
agriculture under Chapter 1327. of the Revised Code and under	449
rules promulgated thereunder.	450

(B) Inspectors appointed under division (A)(1) of this	451
section shall receive a salary fixed by the county sealer and	452
private persons employed under division (A)(2) of this section	453
shall receive the compensation specified in the contract, to be	454
paid by the county, which shall be instead of all fees or charges	455
otherwise allowed by law. Such inspectors and private persons	456
shall also be employed by the county sealer to assist in the	457
prosecution of all violations of law relating to weights and	458
measures.	459

Sec. 329.01.  In each county, except as provided in section	460
329.40 of the Revised Code, there shall be a county department of	461
job and family services which, when so established, shall be	462
governed by this chapter. The department shall consist of a county	463
director of job and family services appointed by the board of	464
county commissioners, and such assistants and other employees as	465
are necessary for the efficient performance of the functions of	466
the county department. Before entering upon the discharge of the	467
director's official duties, the director shall give a bond,	468
conditioned for the faithful performance of those official duties,	469
in such sum as fixed by the board. The director may require any	470
assistant or employee under the director's jurisdiction to give a	471
bond in such sum as determined by the board. All bonds given under	472
this section shall be with a surety or bonding company authorized	473
to do business in this state, conditioned for the faithful	474
performance of the duties of such director, assistant, or	475
employee. The expense or premium for any bond required by this	476
section shall be paid from the appropriation for administrative	477
expenses of the department. Such bond shall be deposited with the	478
county treasurer and kept in the treasurer's office.	479

As used in the Revised Code:

480

(A) "County department of job and family services" means the	481
county department of job and family services established under	482
this section, including an entity designated a county department	483
of job and family services under section 307.981 of the Revised	484
Code, or thea joint county department of job and family services	485
established under section 329.40 of the Revised Code.	486

(B) "County director of job and family services" means the	487
county director of job and family services appointed under this	488
section or under section 329.41 of the Revised Code.	489

Sec. 329.40.  (A)(1) The boards of county commissioners of	490
theany two or more counties of Hocking, Ross, and Vinton, by	491
entering into a written agreement, may form a joint county	492
department of job and family services to perform the duties,	493
provide the services, and operate the programs required under this	494
chapter. The formation of this joint county department of job and	495
family services is a pilot project. The agreement shall be	496
ratified by resolution of the board of county commissioners of	497
each county that entered into the agreement. Each board of county	498
commissioners that enters into thean agreement shall give notice	499
of the agreement to the Ohio department of job and family services	500
at least ninety days before the agreement's effective date. The	501
agreement shall take effect not earlier than the first day of the	502
calendar quarter following the ninety-day notice period. The	503
director of job and family services shall adopt, as an internal	504
management rule under section 111.15 of the Revised Code, the form	505
in which the notice shall be given.	506

(2) The boards of county commissioners of the counties	507
forming thea joint county department shall constitute,	508
collectively, the board of directors of the joint county	509
department of job and family services. On the effective date of	510
the agreement, the board of directors shall take control of and	511
manage the joint county department subject to this chapter and all	512
other sections of the Revised Code that govern the authority and	513
responsibilities of a single board of county commissioners in the	514
operation of a single county department of job and family	515
services.	516

(B)(1) TheAn agreement to establish thea joint county	517
department shall specify all of the following:	518

(a) The obligations of each board of county commissioners in	519
operating the joint county department, including requiring each	520
board to provide state, federal, and county funds to the operation	521
of the joint county department and the schedule for provision of	522
those funds;	523

(b) How and which facilities, equipment, and personnel will	524
be shared;	525

(c) Procedures for the division of resources and obligations	526
should a countyif one or more counties withdraw from the joint	527
county department, or should the department ceaseceases to exist;	528

(d) Any contributions of participating counties establishing	529
the joint county department and the rights of those counties in	530
lands or personal property, or rights or interests therein,	531
contributed to or otherwise acquired by the joint county	532
department.	533

(2) TheAn agreement to establish thea joint county	534
department may set forth any or all of the following:	535

(a) Quality, timeliness, and other standards to be met by	536
each county;	537

(b) Which family service programs and functions are to be	538
included in the joint county department;	539

(c) Procedures for the operation of the board of directors,	540
including procedures governing the frequency of meetings and the	541
number of members of the board required to constitute a quorum to	542
take action;	543

(d) Any other procedures or standards necessary for the joint	544
county department to perform its duties and operate efficiently.	545

(C) TheAn agreement may be amended by a majority vote of the	546
board of directors of the joint county department, but no	547
amendment shall divest a participating county of any right or	548
interest in lands or personal property without its consent.	549

(D) Costs incurred in operating thea joint county department	550
shall be paid from a joint general fund created by the board of	551
directors, except as may be otherwise provided in the agreement.	552

Sec. 329.41.  (A) The board of directors of thea joint	553
county department of job and family services formed under section	554
329.40 of the Revised Code shall appoint and fix the compensation	555
of athe director of the department. The director shall serve at	556
the pleasure of the board of directors. Under the direction and	557
control of the board, the director shall have full charge of the	558
department as set forth in section 329.02 of the Revised Code for	559
the director of a single county department of job and family	560
services.	561

(B) The board of directors may appoint up to three	562
administrators to oversee services provided by the joint county	563
department. Administrators shall be in the unclassified service.	564

(C) Employees of thea joint county department of job and	565
family services shall be appointed by the director of the joint	566
county department and, except as provided in this section, shall	567
be in the classified service. The employees of thea joint county	568
department shall be considered county employees for the purposes	569
of Chapter 124. of the Revised Code and other provisions of state	570
law applicable to county employees. Instead of or in addition to	571
appointing these employees, thea board of directors may agree to	572
use the employees of one or more of the counties that formed thea	573
joint county department in the service of the joint county	574
department and to share in their compensation in any manner that	575
may be agreed upon.	576

(D) Notwithstanding any other section of the Revised Code, if	577
an employee's separation from county service occurs in connection	578
with a county joining or withdrawing from thea joint county	579
department of job and family services, the board of county	580
commissioners that initially appointed the employee shall have no	581
obligation to pay any compensation with respect to unused vacation	582
or sick leave accrued to the credit of the employee if the	583
employee accepts employment with the joint county department or a	584
withdrawing county. At the effective time of separation from	585
county service, the joint county department or the withdrawing	586
county, as the case may be, shall assume such unused vacation and	587
sick leave accrued to the employee's credit.	588

Sec. 329.42.  The county auditor of the county with the	589
largest population that formed thea joint county department of	590
job and family services under section 329.40 of the Revised Code	591
shall serve as the fiscal officer of the joint county department,	592
and the county treasurer of that county shall serve as the	593
treasurer of the joint county department, unless the counties that	594
formed the joint county department agree to appoint the county	595
auditor and county treasurer of another county that formed the	596
department. In either case, these county officers shall perform	597
any applicable duties for the joint county department as each	598
typically performs for the county of which the individual is an	599
officer. The board of directors of the joint county department may	600
pay to that county any amount agreed upon by the board of	601
directors and the board of county commissioners of that county to	602
reimburse the county for the costs that are properly allocable to	603
the service of its officers as fiscal officer and treasurer of the	604
joint county department.	605

Sec. 329.43.  (A) The prosecuting attorney of the county with	606
the largest population that formed thea joint county department	607
of job and family services under section 329.40 of the Revised	608
Code shall serve as the legal advisor of the board of directors of	609
the joint county department, unless the counties that formed the	610
joint county department agree to appoint the prosecuting attorney	611
of another county that formed the joint county department as legal	612
advisor of the board. The board of directors may pay to the county	613
of the prosecuting attorney who is the legal advisor of the board	614
any amount agreed upon by the board of directors and the board of	615
county commissioners of that county to reimburse that county for	616
the costs that are properly allocable to the service of its	617
prosecuting attorney as the legal advisor of the board of	618
directors.	619

(B) The prosecuting attorney shall provide such services to	620
the board of directors as are required or authorized to be	621
provided to other county boards under Chapter 309. of the Revised	622
Code.	623

(C)(1) If the board of directors of thea joint county	624
department wishes to employ other legal counsel on an annual basis	625
to serve as the board's legal advisor in place of the prosecuting	626
attorney, the board may do so with the agreement of the	627
prosecuting attorney. If the prosecuting attorney does not agree,	628
the board of directors may apply to the court of common pleas of	629
the county with the largest population that formed the joint	630
county department for authority to employ other legal counsel on	631
an annual basis.	632

(2) If the board of directors of thea joint county	633
department wishes to employ other legal counsel to represent or	634
advise the board on a particular matter in place of the	635
prosecuting attorney, the board may do so with the agreement of	636
the prosecuting attorney. If the prosecuting attorney does not	637
agree, the board of directors may apply to the court of common	638
pleas of the county with the largest population that formed the	639
joint county department for authority to employ other legal	640
counsel for that particular matter.	641

(3) The prosecuting attorney who is the legal advisor of the	642
board of directors shall be given notice of an application filed	643
under division (C)(1) or (2) of this section and shall be afforded	644
an opportunity to be heard. After the hearing, the court may	645
authorize the board of directors to employ other legal counsel on	646
an annual basis or for a particular matter only if it finds that	647
the prosecuting attorney refuses or is unable to provide the legal	648
services that the board requires. If the board of directors	649
employs other legal counsel on an annual basis or for a particular	650
matter, the board may not require the prosecuting attorney to	651
provide legal advice, opinions, or other legal services during the	652
period or to the extent that the board employs the other legal	653
counsel.	654

Sec. 329.44.  (A) AThe board of directors of thea joint	655
county department of job and family services formed under section	656
329.40 of the Revised Code may acquire, by purchase or lease, real	657
property, equipment, and systems to improve, maintain, or operate	658
family service programs within the territory served by the joint	659
county department. A board of county commissioners may acquire,	660
within its county, real property or any estate, interest, or right	661
therein, by appropriation or any other method, for use by the	662
joint county department in connection with its provision of	663
services. Appropriation proceedings shall be conducted in	664
accordance with Chapter 163. of the Revised Code.	665

(B) A board of county commissioners that formed thea joint	666
county department may contribute lands or rights or interests	667
therein, money, other personal property or rights or interests	668
therein, or services to the joint county department. The board of	669
county commissioners may issue bonds or bond anticipation notes of	670
the county to pay the cost of acquiring real property and of	671
constructing, modifying, or upgrading a facility to house	672
employees of the joint county department. The board of directors	673
of thea joint county department may reimburse the county for the	674
use of such a facility if it is required to do so under the	675
agreement entered into under section 329.40 of the Revised Code.	676

Sec. 329.45.  (A)(1) A board of county commissioners that has	677
entered into an agreement under section 329.40 of the Revised Code	678
establishing a joint county department of job and family services	679
may passadopt a resolution requesting to withdraw from the	680
agreement establishing the joint county department of job and	681
family services formed under section 329.40 of the Revised Code.	682
Upon adopting such a resolution, the board of county commissioners	683
shall deliver a copy of the resolution to the board of directors	684
of the joint county department. Upon receiving the resolution, the	685
board of directors shall deliver written notice of the requested	686
withdrawal to the boards of county commissioners of the other	687
county or counties that formed the joint county department. Within	688
Not later than thirty days after receiving the notice, each of	689
those boards of county commissioners shall adopt a resolution	690
either accepting the withdrawal or objecting to the withdrawal,	691
and shall deliver a copy of the resolution to the board of	692
directors.	693

(2) If any of the boards of county commissioners that formed	694
thea joint county department adopts a resolution objecting to the	695
requested withdrawal, the board of directors shall deliver written	696
notice of the objection to each other board of county	697
commissioners of the counties that formed the joint county	698
department, including the board of county commissioners of the	699
county proposing withdrawal, and shall schedule. Not later than	700
thirty days after sending the notice, the board of directors shall	701
hold a meeting of the board of directors to be held within thirty	702
days to discuss the objection. After the meeting, the board of	703
directors shall determine whether the county requesting withdrawal	704
desires to proceed with the withdrawal and, if the county does,	705
the board of directors shall accept the withdrawal. Not later than	706
thirty days after the determination was made, the board of	707
directors shall deliver written notice of the withdrawal to the	708
boards of county commissioners that formed the joint county	709
department and to the board of county commissioners that requested	710
withdrawal, and shall commence the withdrawal process under this	711
section.	712

(3) If all of the boards of county commissioners that formed	713
thea joint county department, except for the board of county	714
commissioners requesting the withdrawal, each adopt a resolution	715
accepting the withdrawal, the board of directors shall declare the	716
withdrawal to be accepted. Not later than thirty days after the	717
declaration, the board of directors shall deliver written notice	718
of the withdrawal to all of the boards of county commissioners	719
that formed the joint county department, including the board of	720
county commissioners of the county requesting withdrawal, and	721
shall commence the withdrawal process under this section.	722

(4) The board of directors shall give notice to the Ohio	723
department of job and family services of the withdrawal of a	724
county under this section at least ninety days before the	725
withdrawal becomes final. The director of job and family services	726
shall adopt, as an internal management rule under section 111.15	727
of the Revised Code, the form in which the notice shall be given.	728

(5) If a county requesting to withdraw decides to remain as a	729
party to the agreement establishing thea joint county department,	730
the board of county commissioners of that county shall rescind its	731
original resolution requesting withdrawal and shall deliver a copy	732
of the rescission to the board of directors of the joint county	733
department withinnot later than thirty days after adopting the	734
rescission.	735

(B) If a county withdraws from thean agreement under this	736
section, the board of directors shall ascertain, apportion, and	737
order a division of the funds on hand, credits, and real and	738
personal property of the joint county department, either in money	739
or in kind, on an equitable basis between the joint county	740
department and the withdrawing county according to the agreement	741
entered into under section 329.40 of the Revised Code and	742
consistent with any prior contributions of the withdrawing county	743
to the joint county department. Any debt incurred individually	744
shall remain the responsibility of that county, unless otherwise	745
specified in the agreement establishing the joint county	746
department.	747

(C) A withdrawal becomes final not earlier than the first day	748
of the calendar quarter following the ninety-day notice period	749
required by division (A)(4) of this section. On and after that	750
day, the withdrawing county ceases to be a part of the joint	751
county department, and its members of the board of directors shall	752
cease to be members of that board.	753

(D) If the withdrawal of one or more counties would leave	754
only one county participating in thea joint county department,	755
the board of directors shall ascertain, apportion, and order a	756
final division of the funds on hand, credits, and real and	757
personal property of the joint county department. On and after the	758
day on which the latest withdrawal of a county becomes final, the	759
joint county department is dissolved. When thea joint county	760
department is dissolved and any indebtedness remains unpaid, the	761
boards of county commissioners that formed the joint county	762
department shall pay the indebtedness of the joint county	763
department in the amounts established by the agreement at the time	764
the indebtedness was incurred.	765

Sec. 329.46.  (A) A board of county commissioners that formed	766
thea joint county department of job and family services under	767
section 329.40 of the Revised Code, by adopting a resolution, may	768
propose the removal of another county that formed the joint county	769
department. The board of county commissioners shall send a copy of	770
such a resolution to the board of directors of the joint county	771
department. WithinNot later than ten days after receiving the	772
copy of the resolution, the board of directors shall send a copy	773
of the resolution to each board of county commissioners that	774
formed the joint county department, except the board of county	775
commissioners proposing removal. WithinNot later than thirty days	776
after sending a copy of the resolution, the board of directors	777
shall hold a hearing at which any county commissioner whose county	778
formed the joint county department may present arguments for or	779
against the removal. At the hearing, approval or disapproval of	780
the removal shall be determined by a two-thirds vote of the county	781
commissioners of the counties that formed the joint county	782
department, with the exception of the county commissioners of the	783
county proposed for removal.	784

(B) The board of directors of thea joint county department	785
of job and family services, by adopting a resolution by a majority	786
vote of the members of the board, may propose removal of a county	787
that formed the joint county department. WithinNot later than ten	788
days after adopting such a resolution, the board of directors	789
shall send a copy of the resolution to the board of county	790
commissioners of each county that formed the joint county	791
department, including the board of county commissioners of the	792
county proposed for removal. WithinNot later than thirty days	793
after sending the copy of the resolution, the board of directors	794
shall hold a hearing at which any member of the board may present	795
arguments for or against the removal. At this hearing, approval or	796
disapproval of the resolution proposing removal shall be	797
determined by a two-thirds vote of the members of the board of	798
directors, with the exception of the board members who represent	799
the county proposed for removal.	800

(C) If removal of a county is approved under this section,	801
the board of directors shall give written notice of the approval	802
to the Ohio department of job and family services at least ninety	803
days before the removal takes effect. The director of job and	804
family services shall adopt, as an internal management rule under	805
section 111.15 of the Revised Code, the form in which the notice	806
shall be given.	807

(D) Removal of a county under this section shall take effect	808
not earlier than the first day of the calendar quarter following	809
the ninety-day notice period required by division (C) of this	810
section.	811

(E) If, at any time, the county proposed for removal under	812
division (A) or (B) of this section notifies the board of	813
directors, by a majority vote of that county's board of county	814
commissioners, that it chooses to withdraw from the joint county	815
department, the withdrawal procedure established under section	816
329.45 of the Revised Code shall be put immediately into motion.	817

Sec. 330.04.  If, for the purpose of Chapter 6301. of the	818
Revised Code, a county is the type of local area defined in	819
division (A)(2) of section 6301.01 of the Revised Code, the board	820
of county commissioners serving the county shall adopt a	821
resolution establishing or designating a workforce development	822
agency to provide workforce development activities for the county.	823
The board shall adopt the resolution not later than July 1, 2000.	824

The board may establish or designate any of the following as	825
the workforce development agency:	826

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

827

(B) A separate agency under the direct control of the board	828
and administered by an official appointed by the board;	829

(C) An entity serving the county on the effective date of	830
this sectionMarch 14, 2000, in a capacity similar to the capacity	831
in which a workforce development agency is to serve the county on	832
and after the effective date of this sectionMarch 14, 2000;	833

(D) An entity located in or outside the county that provides	834
workforce development activities in the county on the effective	835
date of this sectionMarch 14, 2000;	836

(E) Any private or government entity designated under section	837
307.981 of the Revised Code;	838

(F) TheA joint county department of job and family services	839
established under section 329.40 of the Revised Code.	840

Sec. 723.52.  Before letting or making any contract for the	841
construction, reconstruction, widening, resurfacing, or repair of	842
a street or other public way, the director of public service in a	843
city, or the legislative authority in a village, shall make an	844
estimate of the cost of such work using the force account project	845
assessment form developed by the auditor of state under section	846
117.16 of the Revised Code. In municipal corporations having an	847
engineer, or an officer having a different title but the duties	848
and functions of an engineer, the estimate shall be made by the	849
engineer or other officer. Where the total estimated cost of any	850
such work is thirtyfifty thousand dollars or less, the proper	851
officers may proceed by force account.	852

Where the total estimated cost of any such work exceeds	853
thirtyfifty thousand dollars, the proper officers of the	854
municipal corporation shall be required to invite and receive	855
competitive bids for furnishing all the labor, materials, and	856
equipment and doing the work, after newspaper advertisement as	857
provided by law. The officers shall consider and may reject such	858
bids. If the bids are rejected, the officers may order the work	859
done by force account or direct labor. When such bids are	860
received, considered, and rejected, and the work done by force	861
account or direct labor, such work shall be performed in	862
compliance with the plans and specifications upon which the bids	863
were based. It shall be unlawful to divide a street or connecting	864
streets into separate sections for the purpose of defeating this	865
section and section 723.53 of the Revised Code.	866

"Street," as used in such sections, includes portions of	867
connecting streets on which the same or similar construction,	868
reconstruction, widening, resurfacing, or repair is planned or	869
projected.	870

Sec. 723.53.  Where the proper officers of any municipal	871
corporation construct, reconstruct, widen, resurface, or repair a	872
street or other public way by force account or direct labor, and	873
the estimated cost of the work as defined in section 723.52 of the	874
Revised Code exceeds thirtyfifty thousand dollars, such municipal	875
authorities shall cause to be kept by the engineer of the	876
municipal corporation, or other officer or employee of the	877
municipal corporation in charge of such work, a complete and	878
accurate account, in detail, of the cost of doing the work. The	879
account shall include labor, materials, freight, fuel, hauling,	880
overhead expense, workers' compensation premiums, and all other	881
items of cost and expense, including a reasonable allowance for	882
the use of all tools and equipment used on or in connection with	883
such work and for the depreciation on the tools and equipment. The	884
engineer or other officer or employee shall keep such account, and	885
within ninety days after the completion of any such work shall	886
prepare a detailed and itemized statement of such cost and file	887
the statement with the officer or board vested with authority to	888
direct the doing of the work in question. Such officer or board	889
shall thereupon examine the statement, correct it if necessary,	890
and file it in the office of the officer or board. Such statement	891
shall be kept on file for not less than two years and shall be	892
open to public inspection.	893

This section and section 723.52 of the Revised Code do not	894
apply to any municipal corporations having a charter form of	895
government.	896

Sec. 731.141.  In those villages that have established the	897
position of village administrator, as provided by section 735.271	898
of the Revised Code, the village administrator shall make	899
contracts, purchase supplies and materials, and provide labor for	900
any work under the administrator's supervision involving not more	901
than twenty-fivefifty thousand dollars. When an expenditure,	902
other than the compensation of persons employed by the village,	903
exceeds twenty-fivefifty thousand dollars, the expenditure shall	904
first be authorized and directed by ordinance of the legislative	905
authority of the village. When so authorized and directed, except	906
where the contract is for equipment, services, materials, or	907
supplies to be purchased under division (D) of section 713.23 or	908
section 125.04 or 5513.01 of the Revised Code, available from a	909
qualified nonprofit agency pursuant to sections 4115.31 to 4115.35	910
of the Revised Code, or required to be purchased from a qualified	911
nonprofit agency under sections 125.60 to 125.6012 of the Revised	912
Code, the village administrator shall make a written contract with	913
the lowest and best bidder after advertisement for not less than	914
two nor more than four consecutive weeks in a newspaper of general	915
circulation within the village or as provided in section 7.16 of	916
the Revised Code. The bids shall be opened and shall be publicly	917
read by the village administrator or a person designated by the	918
village administrator at the time, date, and place as specified in	919
the advertisement to bidders or specifications. The time, date,	920
and place of bid openings may be extended to a later date by the	921
village administrator, provided that written or oral notice of the	922
change shall be given to all persons who have received or	923
requested specifications no later than ninety-six hours prior to	924
the original time and date fixed for the opening. All contracts	925
shall be executed in the name of the village and signed on its	926
behalf by the village administrator and the clerk.	927

The legislative authority of a village may provide, by	928
ordinance, for central purchasing for all offices, departments,	929
divisions, boards, and commissions of the village, under the	930
direction of the village administrator, who shall make contracts,	931
purchase supplies or materials, and provide labor for any work of	932
the village in the manner provided by this section.	933

Sec. 735.05.  The director of public service may make any	934
contract, purchase supplies or material, or provide labor for any	935
work under the supervision of the department of public service	936
involving not more than twenty-fivefifty thousand dollars. When	937
an expenditure within the department, other than the compensation	938
of persons employed in the department, exceeds twenty-fivefifty	939
thousand dollars, the expenditure shall first be authorized and	940
directed by ordinance of the city legislative authority. When so	941
authorized and directed, except where the contract is for	942
equipment, services, materials, or supplies to be purchased under	943
division (D) of section 713.23 or section 125.04 or 5513.01 of the	944
Revised Code or available from a qualified nonprofit agency	945
pursuant to sections 4115.31 to 4115.35 of the Revised Code, the	946
director shall make a written contract with the lowest and best	947
bidder after advertisement for not less than two nor more than	948
four consecutive weeks in a newspaper of general circulation	949
within the city or as provided in section 7.16 of the Revised	950
Code.	951

Sec. 737.03.  The director of public safety shall manage and	952
make all contracts with reference to police stations, fire houses,	953
reform schools, infirmaries, hospitals other than municipal	954
hospitals operated pursuant to Chapter 749. of the Revised Code,	955
workhouses, farms, pesthouses, and all other charitable and	956
reformatory institutions. In the control and supervision of those	957
institutions, the director shall be governed by the provisions of	958
Title VII of the Revised Code relating to those institutions.	959

The director may make all contracts and expenditures of money	960
for acquiring lands for the erection or repairing of station	961
houses, police stations, fire department buildings, fire cisterns,	962
and plugs, that are required, for the purchase of engines,	963
apparatus, and all other supplies necessary for the police and	964
fire departments, and for other undertakings and departments under	965
the director's supervision, but no obligation involving an	966
expenditure of more than twenty-fivefifty thousand dollars shall	967
be created unless first authorized and directed by ordinance. In	968
making, altering, or modifying those contracts, the director shall	969
be governed by sections 735.05 to 735.09 of the Revised Code,	970
except that all bids shall be filed with and opened by the	971
director. The director shall make no sale or disposition of any	972
property belonging to the city without first being authorized by	973
resolution or ordinance of the city legislative authority.	974

Sec. 749.26.  The board of hospital trustees, before entering	975
into any contract for the erection of a hospital building, or for	976
the rebuilding or repair of a hospital building, the cost of which	977
exceeds tenfifty thousand dollars, shall have plans,	978
specifications, detailed drawings, and forms of bids prepared, and	979
when adopted by the board it shall have them printed for	980
distribution among the bidders.	981

Sec. 749.28.  The board of hospital trustees shall not enter	982
into a contract for work or supplies where the estimated cost	983
exceeds tenfifty thousand dollars, without first giving thirty	984
days' notice in one newspaper of general circulation in the	985
municipal corporation that sealed proposals will be received for	986
doing the work or furnishing the materials and supplies.	987

Sec. 749.31.  Except where the contract is for equipment,	988
services, materials, or supplies available from a qualified	989
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	990
Revised Code, the board of hospital trustees shall enter into a	991
contract for work or supplies where the estimated cost exceeds ten	992
fifty thousand dollars with the lowest and best bidder. Where the	993
contract is for other than the construction, demolition,	994
alteration, repair, or reconstruction of an improvement, the board	995
shall enter into the contract when the bidder gives bond to the	996
board, with such security as the board approves, that hethe	997
bidder will perform the work and furnish materials or supplies in	998
accordance with the contract. On the failure of such bidder within	999
a reasonable time, to be fixed by the board, to enter into bond	1000
with such security, a contract may be made with the next lowest	1001
and best bidder, and so on until a contract is effected by a	1002
contractor giving such bond. The board may reject any bid.	1003

Sec. 753.15.  (A) Except as provided in division (B) of this	1004
section, in a city, a workhouse erected for the joint use of the	1005
city and the county in which such city is located shall be managed	1006
and controlled by a joint board composed of the board of county	1007
commissioners and the board of control of the city, and in a	1008
village by the board of county commissioners and the board of	1009
trustees of public affairs. Such joint board shall have all the	1010
powers and duties in the management, control, and maintenance of	1011
such workhouse as are conferred upon the director of public safety	1012
in cities, and in addition thereto it may construct sewers for	1013
such workhouse and pay therefor from funds raised by taxation for	1014
the maintenance of such institution.	1015

The joint board may lease or purchase suitable property and	1016
buildings for a workhouse, or real estate for the purpose of	1017
erecting and maintaining a workhouse thereon, but it shall not	1018
expend more than tenfifty thousand dollars for any such purpose	1019
unless such amount is approved by a majority of the voters of the	1020
county, exclusive of the municipal corporation, voting at a	1021
general election.	1022

(B) In lieu of forming a joint board to manage and control a	1023
workhouse erected for the joint use of the city and the county in	1024
which the city is located, the board of county commissioners and	1025
the legislative authority of the city may enter into a contract	1026
for the private operation and management of the workhouse as	1027
provided in section 9.06 of the Revised Code, but only if the	1028
workhouse is used solely for misdemeanant inmates. In order to	1029
enter into a contract under section 9.06 of the Revised Code, both	1030
the board and the legislative authority shall approve and be	1031
parties to the contract.	1032

Sec. 755.29.  The board of park trustees, before entering	1033
into any contract for the performance of any work, the cost of	1034
which exceeds twenty-fivefifty thousand dollars, shall cause	1035
plans and specifications and forms of bids to be prepared, and	1036
when adopted by the board, shall have them printed for	1037
distribution among bidders.	1038

Sec. 755.30.  The board of park trustees shall not enter into	1039
any contract for work or supplies, where the estimated cost	1040
thereof exceeds tenfifty thousand dollars, without first giving	1041
thirty days' notice in one newspaper of general circulation in the	1042
municipal corporation that sealed proposals may be received for	1043
doing the work or furnishing such materials and supplies.	1044

Sec. 2907.27.  (A)(1) If a person is charged with a violation	1045
of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or	1046
2907.25 of the Revised Code or with a violation of a municipal	1047
ordinance that is substantially equivalent to any of those	1048
sections, the arresting authorities or a court, upon the request	1049
of the prosecutor in the case or upon the request of the victim	1050
and not later than forty-eight hours after the date on which the	1051
complaint, information, or indictment is filed against the	1052
accused, shall cause the accused to submit to one or more	1053
appropriate tests to determine if the accused is suffering from a	1054
venereal disease.	1055

(2) If the accused is found to be suffering from a venereal	1056
disease in an infectious stage, the accused shall be required to	1057
submit to medical treatment for that disease. The cost of the	1058
medical treatment shall be charged to and paid by the accused who	1059
undergoes the treatment. If the accused is indigent, the court	1060
shall order the accused to report to a facility operated by a city	1061
health district or a general health district for treatment. If the	1062
accused is convicted of or pleads guilty to the offense with which	1063
the accused is charged and is placed under a community control	1064
sanction, a condition of community control shall be that the	1065
offender submit to and faithfully follow a course of medical	1066
treatment for the venereal disease. If the offender does not seek	1067
the required medical treatment, the court may revoke the	1068
offender's community control and order the offender to undergo	1069
medical treatment during the period of the offender's	1070
incarceration and to pay the cost of that treatment.	1071

(B)(1)(a) If a person is charged with a violation of division	1072
(B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04,	1073
2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised	1074
Code or with a violation of a municipal ordinance that is	1075
substantially equivalent to that division or any of those	1076
sections, the court, upon the request of the prosecutor in the	1077
case, upon the request of the victim, or upon the request of any	1078
other person whom the court reasonably believes had contact with	1079
the accused in circumstances related to the violation that could	1080
have resulted in the transmission to that person the human	1081
immunodeficiency virus, shall cause the accused to submit to one	1082
or more tests designated by the director of health under section	1083
3701.241 of the Revised Code to determine if the accused is	1084
infected with HIV. The court, upon the request of the prosecutor	1085
in the case, upon the request of the victim with the agreement of	1086
the prosecutor, or upon the request of any other person with the	1087
agreement of the prosecutor, may cause an accused who is charged	1088
with a violation of any other section of the Revised Code or with	1089
a violation of any other municipal ordinance to submit to one or	1090
more tests so designated by the director of health if the	1091
circumstances of the violation indicate probable cause to believe	1092
that the accused, if the accused is infected with HIV, might have	1093
transmitted HIV to any of the following persons in committing the	1094
violation:	1095

(i) In relation to a request made by the prosecuting	1096
attorney, to the victim or to any other person;	1097

(ii) In relation to a request made by the victim, to the	1098
victim making the request;	1099

(iii) In relation to a request made by any other person, to	1100
the person making the request.	1101

(b) The results of a test performed under division (B)(1)(a)	1102
of this section shall be communicated in confidence to the court,	1103
and the court shall inform the accused of the result. The court	1104
shall inform the victim that the test was performed and that the	1105
victim has a right to receive the results on request. If the test	1106
was performed upon the request of a person other than the	1107
prosecutor in the case and other than the victim, the court shall	1108
inform the person who made the request that the test was performed	1109
and that the person has a right to receive the results upon	1110
request. Additionally, regardless of who made the request that was	1111
the basis of the test being performed, if the court reasonably	1112
believes that, in circumstances related to the violation, a person	1113
other than the victim had contact with the accused that could have	1114
resulted in the transmission of HIV to that person, the court may	1115
inform that person that the test was performed and that the person	1116
has a right to receive the results of the test on request. If the	1117
accused tests positive for HIV, the test results shall be reported	1118
to the department of health in accordance with section 3701.24 of	1119
the Revised Code and to the sheriff, head of the state	1120
correctional institution, or other person in charge of any jail or	1121
prison in which the accused is incarcerated. If the accused tests	1122
positive for HIV and the accused was charged with, and was	1123
convicted of or pleaded guilty to, a violation of section 2907.24,	1124
2907.241, or 2907.25 of the Revised Code or a violation of a	1125
municipal ordinance that is substantially equivalent to any of	1126
those sections, the test results also shall be reported to the law	1127
enforcement agency that arrested the accused, and the law	1128
enforcement agency may use the test results as the basis for any	1129
future charge of a violation of division (B) of any of those	1130
sections or a violation of a municipal ordinance that is	1131
substantially equivalent to division (B) of any of those sections.	1132
No other disclosure of the test results or the fact that a test	1133
was performed shall be made, other than as evidence in a grand	1134
jury proceeding or as evidence in a judicial proceeding in	1135
accordance with the Rules of Evidence. If the test result is	1136
negative, and the charge has not been dismissed or if the accused	1137
has been convicted of the charge or a different offense arising	1138
out of the same circumstances as the offense charged, the court	1139
shall order that the test be repeated not earlier than three	1140
months nor later than six months after the original test.	1141

(2) If an accused who is free on bond refuses to submit to a	1142
test ordered by the court pursuant to division (B)(1) of this	1143
section, the court may order that the accused's bond be revoked	1144
and that the accused be incarcerated until the test is performed.	1145
If an accused who is incarcerated refuses to submit to a test	1146
ordered by the court pursuant to division (B)(1) of this section,	1147
the court shall order the person in charge of the jail or prison	1148
in which the accused is incarcerated to take any action necessary	1149
to facilitate the performance of the test, including the forcible	1150
restraint of the accused for the purpose of drawing blood to be	1151
used in the test.	1152

(3) A state agency, a political subdivision of the state, or	1153
an employee of a state agency or of a political subdivision of the	1154
state is immune from liability in a civil action to recover	1155
damages for injury, death, or loss to person or property allegedly	1156
caused by any act or omission in connection with the performance	1157
of the duties required under division (B)(2) of this section	1158
unless the acts or omissions are with malicious purpose, in bad	1159
faith, or in a wanton or reckless manner.	1160

(C) As used in this section:

1161

(1) "Community control sanction" has the same meaning as in	1162
section 2929.01 of the Revised Code.	1163

(2) "HIV" means the human immunodeficiency virus.

1164

Sec. 3316.04.  (A) Within sixty days of the auditor's	1165
declaration under division (A) of section 3316.03 of the Revised	1166
Code, the board of education of the school district shall prepare	1167
and submit to the superintendent of public instruction a financial	1168
plan delineating the steps the board will take to eliminate the	1169
district's current operating deficit and avoid incurring operating	1170
deficits in ensuing years, including the implementation of	1171
spending reductions and shared services agreements with other	1172
political subdivisions for the joint exercise of any power,	1173
performance of any function, or rendering of any service, if so	1174
authorized by statute. The superintendent of public instruction	1175
shall evaluate the initial financial plan, and either approve or	1176
disapprove it within thirty calendar days from the date of its	1177
submission. If the initial financial plan is disapproved, the	1178
state superintendent shall recommend modifications that will	1179
render the financial plan acceptable. No school district board	1180
shall implement a financial plan submitted to the superintendent	1181
of public instruction under this section unless the superintendent	1182
has approved the plan.	1183

(B) Upon request of the board of education of a school	1184
district declared to be in a state of fiscal watch, the auditor of	1185
state and superintendent of public instruction shall provide	1186
technical assistance to the board in resolving the fiscal problems	1187
that gave rise to the declaration, including assistance in	1188
drafting the board's financial plan.	1189

(C) A financial plan adopted under this section may be	1190
amended at any time with the approval of the superintendent. The	1191
board of education of the school district shall submit an updated	1192
financial plan to the superintendent, for the superintendent's	1193
approval, every year that the district is in a state of fiscal	1194
watch. The updated plan shall be submitted in a form acceptable to	1195
the superintendent. The superintendent shall approve or disapprove	1196
each updated plan no later than the anniversary of the date on	1197
which the first such plan was approved.	1198

(D) A school district that has restructured or refinanced a	1199
loan under section 3316.041 of the Revised Code shall be declared	1200
to be in a state of fiscal emergency if any of the following	1201
occurs:	1202

(1) An operating deficit is certified for the district under	1203
section 3313.483 of the Revised Code for any year prior to the	1204
repayment of the restructured or refinanced loan;	1205

(2) The superintendent determines, in consultation with the	1206
auditor of state, that the school district is not satisfactorily	1207
complying with the terms of the financial plan required by this	1208
section;	1209

(3) The board of education of the school district fails to	1210
submit an updated plan that is acceptable to the superintendent	1211
under division (C) of this section.	1212

Sec. 3316.06.  (A) Within one hundred twenty days after the	1213
first meeting of a school district financial planning and	1214
supervision commission, the commission shall adopt a financial	1215
recovery plan regarding the school district for which the	1216
commission was created. During the formulation of the plan, the	1217
commission shall seek appropriate input from the school district	1218
board and from the community. This plan shall contain the	1219
following:	1220

(1) Actions to be taken to:

1221

(a) Eliminate all fiscal emergency conditions declared to	1222
exist pursuant to division (B) of section 3316.03 of the Revised	1223
Code;	1224

(b) Satisfy any judgments, past-due accounts payable, and all	1225
past-due and payable payroll and fringe benefits;	1226

(c) Eliminate the deficits in all deficit funds, except that	1227
any prior year deficits in the capital and maintenance fund	1228
established pursuant to section 3315.18 of the Revised Code shall	1229
be forgiven;	1230

(d) Restore to special funds any moneys from such funds that	1231
were used for purposes not within the purposes of such funds, or	1232
borrowed from such funds by the purchase of debt obligations of	1233
the school district with the moneys of such funds, or missing from	1234
the special funds and not accounted for, if any;	1235

(e) Balance the budget, avoid future deficits in any funds,	1236
and maintain on a current basis payments of payroll, fringe	1237
benefits, and all accounts;	1238

(f) Avoid any fiscal emergency condition in the future;

1239

(g) Restore the ability of the school district to market	1240
long-term general obligation bonds under provisions of law	1241
applicable to school districts generally;	1242

(h) Entered into shared services agreements with other	1243
political subdivisions for the joint exercise of any power,	1244
performance of any function, or rendering of any service, if so	1245
authorized by statute.	1246

(2) The management structure that will enable the school	1247
district to take the actions enumerated in division (A)(1) of this	1248
section. The plan shall specify the level of fiscal and management	1249
control that the commission will exercise within the school	1250
district during the period of fiscal emergency, and shall	1251
enumerate respectively, the powers and duties of the commission	1252
and the powers and duties of the school board during that period.	1253
The commission may elect to assume any of the powers and duties of	1254
the school board it considers necessary, including all powers	1255
related to personnel, curriculum, and legal issues in order to	1256
successfully implement the actions described in division (A)(1) of	1257
this section.	1258

(3) The target dates for the commencement, progress upon, and	1259
completion of the actions enumerated in division (A)(1) of this	1260
section and a reasonable period of time expected to be required to	1261
implement the plan. The commission shall prepare a reasonable time	1262
schedule for progress toward and achievement of the requirements	1263
for the plan, and the plan shall be consistent with that time	1264
schedule.	1265

(4) The amount and purpose of any issue of debt obligations	1266
that will be issued, together with assurances that any such debt	1267
obligations that will be issued will not exceed debt limits	1268
supported by appropriate certifications by the fiscal officer of	1269
the school district and the county auditor. Debt obligations	1270
issued pursuant to section 133.301 of the Revised Code shall	1271
include assurances that such debt shall be in an amount not to	1272
exceed the amount certified under division (B) of such section. If	1273
the commission considers it necessary in order to maintain or	1274
improve educational opportunities of pupils in the school	1275
district, the plan may include a proposal to restructure or	1276
refinance outstanding debt obligations incurred by the board under	1277
section 3313.483 of the Revised Code contingent upon the approval,	1278
during the period of the fiscal emergency, by district voters of a	1279
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	1280
5748.02, 5748.08, or 5748.09 of the Revised Code that is not a	1281
renewal or replacement levy, or a levy under section 5705.199 of	1282
the Revised Code, and that will provide new operating revenue.	1283
Notwithstanding any provision of Chapter 133. or sections 3313.483	1284
to 3313.4811 of the Revised Code, following the required approval	1285
of the district voters and with the approval of the commission,	1286
the school district may issue securities to evidence the	1287
restructuring or refinancing. Those securities may extend the	1288
original period for repayment, not to exceed ten years, and may	1289
alter the frequency and amount of repayments, interest or other	1290
financing charges, and other terms of agreements under which the	1291
debt originally was contracted, at the discretion of the	1292
commission, provided that any loans received pursuant to section	1293
3313.483 of the Revised Code shall be paid from funds the district	1294
would otherwise receive under Chapter 3317. of the Revised Code,	1295
as required under division (E)(3) of section 3313.483 of the	1296
Revised Code. The securities issued for the purpose of	1297
restructuring or refinancing the debt shall be repaid in equal	1298
payments and at equal intervals over the term of the debt and are	1299
not eligible to be included in any subsequent proposal for the	1300
purpose of restructuring or refinancing debt under this section.	1301

(B) Any financial recovery plan may be amended subsequent to	1302
its adoption. Each financial recovery plan shall be updated	1303
annually.	1304

(C) Each school district financial planning and supervision	1305
commission shall submit the financial recovery plan it adopts or	1306
updates under this section to the state superintendent of public	1307
instruction for approval immediately following its adoption or	1308
updating. The state superintendent shall evaluate the plan and	1309
either approve or disapprove it within thirty calendar days from	1310
the date of its submission. If the plan is disapproved, the state	1311
superintendent shall recommend modifications that will render it	1312
acceptable. No financial planning and supervision commission shall	1313
implement a financial recovery plan that is adopted or updated on	1314
or after April 10, 2001, unless the state superintendent has	1315
approved it.	1316

Sec. 3709.08. (A) A city constitutingboard of health of a	1317
city or general health district or the authority having the duties	1318
of a board of health under section 3709.05 of the Revised Code may	1319
enter into a contract forto provide some or all public health	1320
service with the chief executiveservices for a board of health of	1321
another city constituting a cityor general health district or the	1322
authority having the duties of a board of health under section	1323
3709.05 of the Revised Code, if one of the following, as	1324
applicable, is the case:	1325

(1) If the contract is with a city constituting a city health	1326
district, the chief executive of that city, with the approval of a	1327
the majority of the members of the legislative authority of such	1328
that city or withapproves the contract.	1329

(2) If the contract is with the board of health of a general	1330
health district, the chairmanchairperson of the district advisory	1331
council of the general health district, with the approval of a	1332
majority of the members of the district advisory council, approves	1333
the contract.	1334

(3) If the contract is with an authority having the duties of	1335
a board of health under section 3709.05 of the Revised Code, the	1336
majority of the members of the authority's governing body approves	1337
the contract. Such proposal shall be made by the city seeking	1338
health service and shall be approved by a majority of the members	1339
of the legislative authority of such city. Such a	1340

(B) Each contract entered into under division (A) of this	1341
section shall do all of the following:	1342

(A)(1) State the amount of money or the proportion of	1343
expenses to be paid by the cityboard of health or authority	1344
having the duties of a board of health for such serviceservices	1345
and how it is to be paid;	1346

(B) Provide for(2) Specify the amount and character of	1347
health serviceservices to be given to the city health district	1348
provided;	1349

(C)(3) State the date on which such servicethe provision of	1350
services shall begin;	1351

(D)(4) State the length of time suchthe contract shallwill	1352
be in effect.	1353

No such(C) Except as provided in division (D) of this	1354
section, no contract entered into under division (A) of this	1355
section shall be in effect until the departmentdirector of health	1356
determines that the health department or board of health of the	1357
city or general health district providing such serviceor	1358
authority having the duties of a board of health that is to	1359
provide the services is organized and equipped to provide adequate	1360
health servicethe services. After such contract has been approved	1361
by the department of healtha determination is made, the board of	1362
health or health department of the city or general health district	1363
authority having the duties of a board of health providing such	1364
servicethe services shall have, within the city health district	1365
receiving such servicethe services, all the powers and shall	1366
perform all the duties required of the board of health of a city	1367
health districtor the authority having the duties of a board of	1368
health.	1369

(D) A contract entered into under division (A) of this	1370
section that is for not all but for only one or some public health	1371
services provided by a board of health or the authority having the	1372
duties of a board of health shall be effective immediately. The	1373
effectiveness of such a contract is not dependent on a	1374
determination made by the director of health that is described in	1375
division (C) of this section.	1376

Sec. 3709.28. The(A) If a general health district will	1377
receive any part of its revenue for a fiscal year from an	1378
appropriation apportioned among the townships and municipal	1379
corporations composing the district, the board of health of a	1380
general healththe district shall, annually, on or before the	1381
first Monday of April, adopt an itemized appropriation measure.	1382
Suchunder this section for that fiscal year on or before the	1383
first day of April of the immediately preceding fiscal year. If a	1384
general health district will not receive any part of its revenue	1385
for a fiscal year from an appropriation apportioned among the	1386
townships and municipal corporations composing the district, the	1387
board of health of the district shall adopt an annual	1388
appropriation measure for that fiscal year under this section or	1389
sections 5705.38, 5705.39, and 5705.40 of the Revised Code.	1390

(B) An appropriation measure adopted under this section shall	1391
set forth the amounts for the current expenses of suchthe	1392
district for the ensuing fiscal year beginning on the first day of	1393
January next ensuing. The appropriation measure, together with an	1394
estimate in itemized form, of the several sources of revenue	1395
available to the district, including the amount due from the state	1396
for the next fiscal year as provided in section 3709.32 of the	1397
Revised Code and the amount which the board anticipates will be	1398
collected in fees or from any tax levied for the benefit of the	1399
district under this chapter or Chapter 5705. of the Revised Code	1400
during the next ensuing fiscal year, shall be certified to the	1401
county auditor and by the county auditor submitted to the county	1402
budget commission, which may reduce any item in suchthe	1403
appropriation measure but may not increase any item or the	1404
aggregate of all itemsto be apportioned among the townships and	1405
municipal corporations composing the district in accordance with	1406
division (C) of this section.	1407

(C) The aggregate appropriation, as fixed by the commission,	1408
less the amounts available to the general health district from the	1409
severalall sources of revenue, including the estimated balance	1410
from the previous appropriationcertified for the ensuing fiscal	1411
year, including any amounts in the district health fund that will	1412
be carried forward to the ensuing fiscal year as needed to fund	1413
ongoing operations in the ensuing fiscal year, shall be	1414
apportioned, by the county auditor among the townships and	1415
municipal corporations composing the health district on the basis	1416
of taxable valuations in such townships and municipal	1417
corporations. The auditor, when making the auditor's semiannual	1418
apportionment of funds, shall retain at each semiannual	1419
apportionment one-half of the amount apportioned to each township	1420
and municipal corporation. Such moneys and all other sources of	1421
revenue shall be placed in a separate fund, to be known as the	1422
"district health fund." WhenUnless otherwise required by a	1423
provision of the Revised Code or a rule adopted pursuant thereto,	1424
all other sources of revenue of the district shall be placed in	1425
the district health fund, provided that the revenue is used and	1426
maintained in accordance with the purpose for which the revenue	1427
was received.	1428

(D) When a general health district is composed of townships	1429
and municipal corporations in two or more counties, the county	1430
auditor making the original apportionment shall certify to the	1431
auditor of each county concerned the amount apportioned to each	1432
township and municipal corporation in such county. Each auditor	1433
shall withhold from the semiannual apportionment to each such	1434
township or municipal corporation the amount certified, and shall	1435
pay the amounts withheld to the custodian of the funds of the	1436
health district concerned, to be credited to the district health	1437
fund. In making the apportionment under this paragraph for each	1438
year from 2002 through 2016, the county auditor shall add to the	1439
taxable valuation of each township and municipal corporation the	1440
tax value loss determined for each township and municipal	1441
corporation under divisions (D) and (E) of section 5727.84 of the	1442
Revised Code multiplied by the percentage used for that year in	1443
determining replacement payments under division (A)(1) of section	1444
5727.86 of the Revised Code. The tax commissioner shall certify to	1445
the county auditor the tax value loss for each township and	1446
municipal corporation for which the auditor must make an	1447
apportionment.	1448

(E) Subject to the aggregate amount as has been apportioned	1449
among the townships and municipalities and as may become available	1450
from the several sources of revenue, the board of health may, by	1451
resolution, transfer funds from one item in their appropriation to	1452
another item, reduce or increase any item, create new items, and	1453
make additional appropriations or reduce the total appropriation.	1454
Any such action shall forthwith be certified by the secretary of	1455
the board of health to the auditor for submission to and approval	1456
by the budget commission.	1457

(F) When any general health district has been united with or	1458
has contracted with a city health district located therein, the	1459
chief executive of the city shall, annually, on or before the	1460
first day of June, certify to the county auditor the total amount	1461
due for the ensuing fiscal year from the municipal corporations	1462
and townships in the district as provided in the contract between	1463
such city and the district advisory council of the original	1464
general health district. After approval by the county budget	1465
commission, the county auditor shall thereupon apportion the	1466
amount certified to the townships and municipal corporations, and	1467
shall withhold the sums apportioned as provided in this section.	1468

Sec. 3709.34. (A) The board of county commissioners or the	1469
legislative authority of any city may furnish suitable quarters	1470
for any board of health or health department having jurisdiction	1471
over all or a major part of such county orthat city.	1472

(B)(1) Subject to division (B)(6) of this section, a board of	1473
county commissioners shall provide office space and utilities	1474
through fiscal year 2013 for the board of health having	1475
jurisdiction over the county's general health district.	1476
Thereafter, subject to division (B)(6) of this section, the board	1477
of county commissioners shall make payments as provided in	1478
division (B)(3) of this section for the office space and utilities	1479
until fiscal year 2018. Starting in fiscal year 2018, the board	1480
has no duty to provide the office space or utilities, or to make	1481
payments for the office space or utilities, for the board of	1482
health of the county's general health district.	1483

(2)(a) Not later than the thirtieth day of September 2012,	1484
2013, 2014, and 2015, the board of county commissioners shall make	1485
a written estimate of the total cost for the ensuing fiscal years	1486
2014, 2015, 2016, and 2017, respectively, to provide office space	1487
and utilities to the board of health of the county's general	1488
health district. The estimate of total cost shall include all of	1489
the following:	1490

(i) The total square feet of space to be used by the board of	1491
health;	1492

(ii) The total square feet of any common areas that should be	1493
reasonably allocated to the board of health and the method for	1494
making this allocation;	1495

(iii) The actual cost per square foot for both the space used	1496
by and the common areas allocated to the board of health;	1497

(iv) An explanation of the method used to determine the	1498
actual cost per square foot;	1499

(v) The estimated cost of providing utilities, including an	1500
explanation of how this cost was determined;	1501

(vi) Any other estimated costs the board of county	1502
commissioners anticipates will be incurred to provide office space	1503
and utilities to the board of health, including a detailed	1504
explanation of those costs and the rationale used to determine	1505
them.	1506

(b) The board of county commissioners shall forward a copy of	1507
the estimate of total cost to the director of the board of health	1508
not later than the fifth day of October 2012, 2013, 2014, and	1509
2015. The director shall review the estimate and, not later than	1510
twenty days after its receipt, notify the board of county	1511
commissioners that the director agrees with the estimate, or	1512
objects to it giving specific reasons for the objections.	1513

(c) If the director agrees with the estimate, it shall become	1514
the final estimate of total cost. Failure of the director to make	1515
objections to the estimate by the twentieth day after its receipt	1516
shall be deemed to mean that the director is in agreement with the	1517
estimate.	1518

(d) If the director timely objects to the estimate and	1519
provides specific objections to the board of county commissioners,	1520
the board shall review the objections and may modify the original	1521
estimate and send a revised estimate of total cost to the director	1522
within ten days after receipt of the objections. The director	1523
shall respond to a revised estimate within ten days after its	1524
receipt. If the director agrees with it, the revised estimate	1525
shall become the final estimate of total cost. If the director	1526
fails to respond within the ten-day period, the director shall be	1527
deemed to have agreed with the revised estimate. If the director	1528
disagrees with the revised estimate, the director shall send	1529
specific objections to the board of county commissioners within	1530
the ten-day period.	1531

(e) If the director timely objected to the original estimate	1532
or sends specific objections to a revised estimate within the	1533
required time, or if there is no revised estimate, the probate	1534
judge of the county shall determine the final estimate of total	1535
cost and certify this amount to the director and the board of	1536
county commissioners before the first day of January 2013, 2014,	1537
2015, or 2016, as applicable.	1538

(3)(a) Subject to division (B)(6) of this section, a board of	1539
county commissioners shall be responsible for the following	1540
percentages of the final estimate of total cost established by	1541
division (B)(2) of this section:	1542

(i) Eighty per cent for fiscal year 2014;

1543

(ii) Sixty per cent for fiscal year 2015;

1544

(iii) Forty per cent for fiscal year 2016;

1545

(iv) Twenty per cent for fiscal year 2017.

1546

(b) In fiscal years 2014, 2015, 2016, and 2017, the board of	1547
health of the county's general health district shall be	1548
responsible for the payment of the remainder of any costs incurred	1549
in excess of the amount payable under division (B)(3)(a)(i), (ii),	1550
(iii), or (iv) of this section, as applicable, for the provision	1551
of office space and utilities for the board of health, including	1552
any unanticipated or unexpected increases in costs beyond the	1553
final estimate of total cost.	1554

(c) Beginning in fiscal year 2018, the board of county	1555
commissioners has no obligation to provide office space or	1556
utilities, or to make payments for office space or utilities, for	1557
the board of health.	1558

(4) After fiscal year 2017, the board of county commissioners	1559
and the board of health of the county's general health district	1560
may enter into a contract for the board of county commissioners to	1561
provide office space for the use of the board of health and to	1562
provide utilities for that office space. The term of the contract	1563
shall not exceed four years and may be renewed for additional	1564
periods not to exceed four years.	1565

(5) Notwithstanding divisions (B)(1) to (4) of this section,	1566
in any fiscal year the board of county commissioners, in its	1567
discretion, may provide office space and utilities for the board	1568
of health of the county's general health district free of charge.	1569

(6) If the board of health of a general health district	1570
rents, leases, lease-purchases, or otherwise acquires office space	1571
to facilitate the performance of its functions, or constructs,	1572
enlarges, renovates, or otherwise modifies buildings or other	1573
structures to provide office space to facilitate the performance	1574
of its functions, the board of county commissioners of the county	1575
served by the general health district has no further obligation	1576
under division (B) of this section to provide office space or	1577
utilities, or to make payments for office space or utilities, for	1578
the board of health, unless the board of county commissioners	1579
enters into a contract with the board of health under division	1580
(B)(4) of this section, or exercises its option under division	1581
(B)(5) of this section.	1582

Sec. 3709.36.  The board of health of a city or general	1583
health district hereby created shall exercise all the powers and	1584
perform all the duties formerly conferred and imposed by law upon	1585
the board of health of a municipal corporation, and all such	1586
powers, duties, procedure, and penalties for violation of the	1587
sanitary regulations of a board of health of a municipal	1588
corporation are transferred to the board of health of a city or	1589
general health district by sections 3701.10, 3701.29, 3701.81,	1590
3707.08, 3707.14, 3707.16, 3707.47, and 3709.01 to 3709.36 of the	1591
Revised Code.	1592

The board of health of a city or general health district or	1593
the authority having the duties of a board of health under section	1594
3709.05 of the Revised Code shall, for the purpose of providing	1595
public health services, be a body politic and corporate. As such,	1596
it is capable of suing and being sued, contracting and being	1597
contracted with, acquiring, holding, possessing, and disposing of	1598
real and personal property, and taking and holding in trust for	1599
the use and benefit of such district or authority any grant or	1600
devise of land and any domain or bequest of money or other	1601
personal property.	1602

Sec. 4123.41.  (A) By the first day of January of each year,	1603
the bureau of workers' compensation shall furnish to the county	1604
auditor of each county and the chief fiscal officer of each taxing	1605
district in a county and of each district activity and institution	1606
mentioned in section 4123.39 of the Revised Code forms containing	1607
the premium rates applicable to the county, district, district	1608
activity, or institution as an employer, on which to report the	1609
amount of money expended by the county, district, district	1610
activity, or institution during the previous twelve calendar	1611
months for the services of employees under this chapter.	1612

(B) Each county auditor and each fiscal officer of a	1613
district, district activity, and institution shall calculate on	1614
the form it receives from the bureau under division (A) of this	1615
section the premium due as its proper contribution to the public	1616
insurance fund and issue a warrant in favor of the bureau for the	1617
amount due from the county, district, district activity, or	1618
institution to the public insurance fund according to the	1619
following schedule:	1620

(1) On or before the fifteenth day of May of each year, no	1621
less than forty-five per cent of the amount due;	1622

(2) On or before the first day of September of each year, no	1623
less than the total amount due.	1624

(C) The legislative body of any county, district, district	1625
activity, or institution may reimburse the fund from which the	1626
contribution isworkers' compensation payments are made by	1627
transferring to the fund from any other fund of the county,	1628
district, district activity, or institution, the proportionate	1629
amount of the contributionpayments that should be chargeable to	1630
the fund, whether the fund is derived from taxation or otherwise.	1631
The proportionate amount of the contributionpayments chargeable	1632
to the fund may be based on payroll, relative exposure, relative	1633
loss experience, or any combination of these factors, as	1634
determined by the legislative body. Within	1635

(1) The workers' compensation program payments of any county,	1636
district, district activity, or institution may include any of the	1637
following:	1638

(a) All payments required by any bureau of workers'	1639
compensation rating plan;	1640

(b) Direct administrative costs incurred in the management of	1641
the county, district, district activity, or institution's workers'	1642
compensation program;	1643

(c) Indirect costs that are necessary and reasonable for the	1644
proper and efficient administration of the workers' compensation	1645
program as documented in a cost allocation plan. The indirect cost	1646
plan shall conform to the United States office of management and	1647
budget circular A-87 "cost principles for state and local	1648
governments," 2 C.F.R. 225, as most recently amended on May 10,	1649
2004. The plan shall not authorize payment from the fund of any	1650
general government expense required to carry out the overall	1651
governmental responsibilities.	1652

(2) Within sixty days before a legislative body changes the	1653
method used for calculating the proportionate amount of the	1654
contributionpayments chargeable to the fund, it shall notify,	1655
consult with, and give information supporting the change to any	1656
elected official affected by the change. A transfer made pursuant	1657
to division (B)(2) of this section is not subject to section	1658
5705.16 of the Revised Code.	1659

(C)(D) The bureau may investigate the correctness of the	1660
information provided by the county auditor and chief fiscal	1661
officer under division (B) of this section, and if the bureau	1662
determines at any time that the county, district, district	1663
activity, or institution has not reported the correct information,	1664
the administrator of workers' compensation may make deductions or	1665
additions as the facts warrant and take those facts into	1666
consideration in determining the current or future contributions	1667
to be made by the county, district, district activity, or	1668
institution. If the county, district, district activity, or	1669
institution does not furnish the report in the time required by	1670
this section, the administrator may fix the amount of contribution	1671
the county, district, district activity, or institution must make	1672
and certify that amount for payment.	1673

(D)(E) The administrator shall provide a discount to any	1674
county, district, district activity, or institution that pays its	1675
total amount due to the public insurance fund on or before the	1676
fifteenth day of May of each year as its proper contribution for	1677
premiums. The administrator shall base the discount provided under	1678
this division on the savings generated by the early payment to the	1679
public insurance fund. The administrator may provide the discount	1680
through a refund to the county, district, district activity, or	1681
institution or an offset against the future contributions due to	1682
the public insurance fund from the county, district, district	1683
activity, or institution.	1684

(E)(F) The administrator may impose an interest penalty for	1685
late payment of any amount due from a county, district, district	1686
activity, and institution at the interest rate established by the	1687
state tax commissioner pursuant to section 5703.47 of the Revised	1688
Code.	1689

Sec. 5101.01. (A) As used in the Revised Code, the	1690
"department of public welfare" and the "department of human	1691
services" mean the department of job and family services and the	1692
"director of public welfare" and the "director of human services"	1693
mean the director of job and family services. Whenever the	1694
department or director of public welfare or the department or	1695
director of human services is referred to or designated in any	1696
statute, rule, contract, grant, or other document, the reference	1697
or designation shall be deemed to refer to the department or	1698
director of job and family services, as the case may be.	1699

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

1700

(1) References to counties or to a county departments	1701
department of job and family services include thea joint county	1702
department of job and family services established under section	1703
329.40 of the Revised Code.	1704

(2) References to boardsa board of county commissioners	1705
include boardsthe board of directors of thea joint county	1706
department of job and family services established under section	1707
329.40 of the Revised Code.	1708

Sec. 5705.392.  (A) A board of county commissioners may adopt	1709
as a part of its annual appropriation measure a spending plan, or	1710
in the case of an amended appropriation measure, an amended	1711
spending plan, setting forth a quarterly schedule of expenses and	1712
expenditures of all appropriations for the fiscal year from the	1713
county general fund. The spending plan shall be classified to set	1714
forth separately a quarterly schedule of expenses and expenditures	1715
for each office, department, and division, and within each, the	1716
amount appropriated for personal services. Each office,	1717
department, and division shall be limited in its expenses and	1718
expenditures of moneys appropriated from the general fund during	1719
any quarter by the schedule established in the spending plan. The	1720
schedule established in the spending plan shall serve as a	1721
limitation during a quarter on the making of contracts and giving	1722
of orders involving the expenditure of money during that quarter	1723
for purposes of division (D) of section 5705.41 of the Revised	1724
Code.	1725

(B)(1) A board of county commissioners, by resolution, may	1726
adopt a spending plan or an amended spending plan setting forth	1727
separately a quarterly schedule of expenses and expenditures of	1728
appropriations from any county fund, except as provided in	1729
division (C) of this section, for the second half of a fiscal year	1730
and any subsequent fiscal year, for any county office, department,	1731
or division that has spent or encumbered more than six-tenths of	1732
the amount appropriated for personal services and payrolls during	1733
the first half of any fiscal year.	1734

(2) During any fiscal year, a board of county commissioners,	1735
by resolution, may adopt a spending plan or an amended spending	1736
plan setting forth separately a quarterly schedule of expenses and	1737
expenditures of appropriations from any county fund, except as	1738
provided in division (C) of this section, for any county office,	1739
department, or division that, during the previous fiscal year,	1740
spent one hundred ten per cent or more of the total amount	1741
appropriated for personal services and payrolls by the board in	1742
its annual appropriation measure required by section 5705.38 of	1743
the Revised Code. The spending plan or amended spending plan shall	1744
remain in effect for not more than two fiscal years, or until. But	1745
if the countyadministrating officer of the office, department, or	1746
division for which the plan was adopted is no longer in office,	1747
including terms of office to which the county officer is	1748
re-elected, whichever is lateran elected official, the spending	1749
plan shall not be in effect during a fiscal year in which that	1750
elected official is no longer the administrator of that office,	1751
department, or division.	1752

(3) At least thirty days before adopting a resolution under	1753
division (B)(1) or (2) of this section, the board of county	1754
commissioners shall provide written notice to each county office,	1755
department, or division for which it intends to adopt a spending	1756
plan or an amended spending plan. The notice shall be sent by	1757
regular first class mail or provided by personal service, and	1758
shall include a copy of the proposed spending plan or proposed	1759
amended spending plan. The county office, department, or division	1760
may meet with the board at any regular session of the board to	1761
comment on the notice, or to express concerns or ask questions	1762
about the proposed spending plan or proposed amended spending	1763
plan.	1764

(C) Division (B) of this section shall not apply to any fund	1765
that is subject to rules adopted by the tax commissioner under	1766
division (O) of section 5703.05 of the Revised Code.	1767

Sec. 6115.20.  (A) When it is determined to let the work	1768
relating to the improvements for which a sanitary district was	1769
established by contract, contracts in amounts to exceed tenfifty	1770
thousand dollars shall be advertised after notice calling for bids	1771
has been published once a week for five consecutive weeks	1772
completed on the date of last publication or as provided in	1773
section 7.16 of the Revised Code, in a newspaper of general	1774
circulation within the sanitary district where the work is to be	1775
done. The board of directors of the sanitary district shall let	1776
bids as provided in this section or, if applicable, section 9.312	1777
of the Revised Code. If the bids are for a contract for the	1778
construction, demolition, alteration, repair, or reconstruction of	1779
an improvement, the board of directors of the sanitary district	1780
shall let the contract to the lowest or best bidder who meets the	1781
requirements of section 153.54 of the Revised Code. If the bids	1782
are for a contract for any other work relating to the improvements	1783
for which a sanitary district was established, the board of	1784
directors of the sanitary district shall let the contract to the	1785
lowest or best bidder who gives a good and approved bond, with	1786
ample security, conditioned on the carrying out of the contract	1787
and the payment for all labor and material. The contract shall be	1788
in writing and shall be accompanied by or shall refer to plans and	1789
specifications for the work to be done prepared by the chief	1790
engineer. The plans and specifications at all times shall be made	1791
and considered a part of the contract. The contract shall be	1792
approved by the board and signed by the president of the board and	1793
by the contractor and shall be executed in duplicate. In case of	1794
emergency the advertising of contracts may be waived upon the	1795
consent of the board with the approval of the court or judge in	1796
vacation.	1797

(B) In the case of a sanitary district organized wholly for	1798
the purpose of providing a water supply for domestic, municipal,	1799
and public use that includes two municipal corporations in two	1800
counties, any service to be purchased, including the services of	1801
an accountant, architect, attorney at law, physician, or	1802
professional engineer, at a cost in excess of tenfifty thousand	1803
dollars shall be obtained in the manner provided in sections	1804
153.65 to 153.73 of the Revised Code. For the purposes of the	1805
application of those sections to division (B) of this section, all	1806
of the following apply:	1807

(1) "Public authority," as used in those sections, shall be	1808
deemed to mean a sanitary district organized wholly for the	1809
purpose of providing a water supply for domestic, municipal, and	1810
public use that includes two municipal corporations in two	1811
counties;	1812

(2) "Professional design firm," as used in those sections,	1813
shall be deemed to mean any person legally engaged in rendering	1814
professional design services as defined in division (B)(3) of this	1815
section;	1816

(3) "Professional design services," as used in those	1817
sections, shall be deemed to mean accounting, architectural,	1818
legal, medical, or professional engineering services;	1819

(4) The use of other terms in those sections shall be adapted	1820
accordingly, including, without limitation, for the purposes of	1821
division (D) of section 153.67 of the Revised Code;	1822

(5) Divisions (A) to (C) of section 153.71 of the Revised	1823
Code do not apply.	1824

(C) The board of directors of a district organized wholly for	1825
the purpose of providing a water supply for domestic, municipal,	1826
and public use may contract for, purchase, or otherwise procure	1827
for the benefit of employees of the district and pay all or any	1828
part of the cost of group insurance policies that may provide	1829
benefits, including, but not limited to, hospitalization, surgical	1830
care, major medical care, disability, dental care, vision care,	1831
medical care, hearing aids, or prescription drugs. Any group	1832
insurance policy purchased under this division shall be purchased	1833
from the health care corporation that the board of directors	1834
determines offers the most cost-effective group insurance policy.	1835

Section 2. That existing sections 118.023, 118.06, 120.53,	1836
305.171, 319.59, 329.01, 329.40, 329.41, 329.42, 329.43, 329.44,	1837
329.45, 329.46, 330.04, 723.52, 723.53, 731.141, 735.05, 737.03,	1838
749.26, 749.28, 749.31, 753.15, 755.29, 755.30, 2907.27, 3316.04,	1839
3316.06, 3709.08, 3709.28, 3709.34, 3709.36, 4123.41, 5101.01,	1840
5705.392, and 6115.20 and section 3709.081 of the Revised Code are	1841
hereby repealed.	1842