As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 509

Representative Blair 

Cosponsors: Representatives Schuring, Amstutz, Anielski, Antonio, Baker, Beck, Blessing, Boose, Brenner, Combs, Conditt, Derickson, Garland, Grossman, Hackett, Hagan, C., Hill, Mallory, McClain, Newbold, Pelanda, Ruhl, Sears, Thompson, Uecker, Young Speaker Batchelder 

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A BILL

To amend sections 9.833, 118.023, 118.06, 120.08,

1

120.53, 124.42, 305.171, 307.12, 307.86, 307.861,

2

307.87, 307.88, 308.13, 319.59, 329.40, 505.60,

3

505.601, 505.603, 511.23, 703.21, 731.141, 735.05,

4

737.03, 749.26, 749.28, 749.31, 753.15, 755.29,

5

755.30, 1545.07, 2907.27, 3316.04, 3316.06,

6

3709.08, 3709.28, 3709.34, 3709.36, 4123.41,

7

5705.392, 5705.41, 5715.19, 6115.20, 6119.02, and

8

6119.10, to enact sections 125.183, 319.09, and

9

505.012, and to repeal sections 507.07 and

10

3709.081 of the Revised Code to make changes to

11

the laws governing local governments, to modify

12

the requirements of arresting authorities and

13

courts regarding venereal disease testing of

14

individuals accused of certain offenses, and to

15

modify the manner in which funds are allocated

16

from the Ohio Legal Aid Fund.

17

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

Section 1. That sections 9.833, 118.023, 118.06, 120.08,	18
120.53, 124.42, 305.171, 307.12, 307.86, 307.861, 307.87, 307.88,	19
308.13, 319.59, 329.40, 505.60, 505.601, 505.603, 511.23, 703.21,	20
731.141, 735.05, 737.03, 749.26, 749.28, 749.31, 753.15, 755.29,	21
755.30, 1545.07, 2907.27, 3316.04, 3316.06, 3709.08, 3709.28,	22
3709.34, 3709.36, 4123.41, 5705.392, 5705.41, 5715.19, 6115.20,	23
6119.02, and 6119.10 be amended and sections 125.183, 319.09, and	24
505.012 of the Revised Code be enacted to read as follows:	25

Sec. 9.833.  (A) As used in this section, "political	26
subdivision" has the meaning defined in sections 2744.01 and	27
3905.36 of the Revised Code. For purposes of this section,	28
"political subdivision" includes municipal corporations as defined	29
in section 5705.01 of the Revised Code.	30

(B) Political subdivisions that provide health care benefits	31
for their officers or employees may do any of the following:	32

(1) Establish and maintain an individual self-insurance	33
program with public moneys to provide authorized health care	34
benefits, including but not limited to, health care, prescription	35
drugs, dental care, and vision care, in accordance with division	36
(C) of this section;	37

(2) Establish and maintain a health savings account program	38
whereby employees or officers may establish and maintain health	39
savings accounts in accordance with section 223 of the Internal	40
Revenue Code. Public moneys may be used to pay for or fund	41
federally qualified high deductible health plans that are linked	42
to health savings accounts or to make contributions to health	43
savings accounts. A health savings account program may be a part	44
of a self-insurance program.	45

(3) After establishing an individual self-insurance program,	46
agree with other political subdivisions that have established	47
individual self-insurance programs for health care benefits, that	48
their programs will be jointly administered in a manner specified	49
in the agreement;	50

(4) Pursuant to a written agreement and in accordance with	51
division (C) of this section, join in any combination with other	52
political subdivisions to establish and maintain a joint	53
self-insurance program to provide health care benefits;	54

(5) Pursuant to a written agreement, join in any combination	55
with other political subdivisions to procure or contract for	56
policies, contracts, or plans of insurance to provide health care	57
benefits, which may include a health savings account program for	58
their officers and employees subject to the agreement;	59

(6) Use in any combination any of the policies, contracts,	60
plans, or programs authorized under this division.	61

(7) Any agreement made under divisionsdivision (B)(3), (4),	62
(5), or (6) of this section shall be in writing, comply with	63
division (C) of this section, and contain best practices	64
established in consultation with and approved by the department of	65
administrative services. The best practices may be reviewed and	66
amended at the discretion of the political subdivisions in	67
consultation with the department. Detailed information regarding	68
the best practices shall be made available to any employee upon	69
that employee's request.	70

(8) Purchase plans approved by the department of	71
administrative services under section 9.901 of the Revised Code.	72

(C) Except as otherwise provided in division (E) of this	73
section, the following apply to individual or joint self-insurance	74
programs established pursuant to this section:	75

(1) Such funds shall be reserved as are necessary, in the	76
exercise of sound and prudent actuarial judgment, to cover	77
potential cost of health care benefits for the officers and	78
employees of the political subdivision. A certified audited	79
financial statement and a report of amounts so reserved and	80
disbursements made from such funds, together with a written report	81
of a member of the American academy of actuaries certifying	82
whether the amounts reserved conform to the requirements of this	83
division, are computed in accordance with accepted loss reserving	84
standards, and are fairly stated in accordance with sound loss	85
reserving principles, shall be prepared and maintained, within	86
ninety days after the last day of the fiscal year of the entity	87
for which the report is provided for that fiscal year, in the	88
office of the program administrator described in division (C)(3)	89
of this section.	90

The report required by division (C)(1) of this section shall	91
include, but not be limited to, disbursements made for the	92
administration of the program, including claims paid, costs of the	93
legal representation of political subdivisions and employees, and	94
fees paid to consultants.	95

The program administrator described in division (C)(3) of	96
this section shall make the report required by this division	97
available for inspection by any person at all reasonable times	98
during regular business hours, and, upon the request of such	99
person, shall make copies of the report available at cost within a	100
reasonable period of time. The program administrator shall further	101
provide the report to the auditor of state under Chapter 117. of	102
the Revised Code.	103

(2) Each political subdivision shall reserve funds necessary	104
for an individual or joint self-insurance program in a special	105
fund that may be established for political subdivisions other than	106
an agency or instrumentality pursuant to an ordinance or	107
resolution of the political subdivision and not subject to section	108
5705.12 of the Revised Code. An agency or instrumentality shall	109
reserve the funds necessary for an individual or joint	110
self-insurance program in a special fund established pursuant to a	111
resolution duly adopted by the agency's or instrumentality's	112
governing board. The political subdivision may allocate the costs	113
of insurance or any self-insurance program, or both, among the	114
funds or accounts established under this division on the basis of	115
relative exposure and loss experience.	116

(3) A contract may be awarded, without the necessity of	117
competitive bidding, to any person, political subdivision,	118
nonprofit corporation organized under Chapter 1702. of the Revised	119
Code, or regional council of governments created under Chapter	120
167. of the Revised Code for purposes of administration of an	121
individual or joint self-insurance program. No such contract shall	122
be entered into without full, prior, public disclosure of all	123
terms and conditions. The disclosure shall include, at a minimum,	124
a statement listing all representations made in connection with	125
any possible savings and losses resulting from the contract, and	126
potential liability of any political subdivision or employee. The	127
proposed contract and statement shall be disclosed and presented	128
at a meeting of the political subdivision not less than one week	129
prior to the meeting at which the political subdivision authorizes	130
the contract.	131

A contract awarded to a nonprofit corporation or a regional	132
council of governments under this division may provide that all	133
employees of the nonprofit corporation or regional council of	134
governments and, the employees of all entities related to the	135
nonprofit corporation or regional council of governments, and the	136
employees of other nonprofit corporations that have fifty or fewer	137
employees and have been organized for the primary purpose of	138
representing the interests of political subdivisions, may be	139
covered by the individual or joint self-insurance program under	140
the terms and conditions set forth in the contract.	141

(4) The individual or joint self-insurance program shall	142
include a contract with a certified public accountant and a member	143
of the American academy of actuaries for the preparation of the	144
written evaluations required under division (C)(1) of this	145
section.	146

(5) A joint self-insurance program may allocate the costs of	147
funding the program among the funds or accounts established under	148
this division to the participating political subdivisions on the	149
basis of their relative exposure and loss experience.	150

(6) An individual self-insurance program may allocate the	151
costs of funding the program among the funds or accounts	152
established under this division to the political subdivision that	153
established the program.	154

(7) Two or more political subdivisions may also authorize the	155
establishment and maintenance of a joint health care cost	156
containment program, including, but not limited to, the employment	157
of risk managers, health care cost containment specialists, and	158
consultants, for the purpose of preventing and reducing health	159
care costs covered by insurance, individual self-insurance, or	160
joint self-insurance programs.	161

(8) A political subdivision is not liable under a joint	162
self-insurance program for any amount in excess of amounts payable	163
pursuant to the written agreement for the participation of the	164
political subdivision in the joint self-insurance program. Under a	165
joint self-insurance program agreement, a political subdivision	166
may, to the extent permitted under the written agreement, assume	167
the risks of any other political subdivision. A joint	168
self-insurance program established under this section is deemed a	169
separate legal entity for the public purpose of enabling the	170
members of the joint self-insurance program to obtain insurance or	171
to provide for a formalized, jointly administered self-insurance	172
fund for its members. An entity created pursuant to this section	173
is exempt from all state and local taxes.	174

(9) Any political subdivision, other than an agency or	175
instrumentality, may issue general obligation bonds, or special	176
obligation bonds that are not payable from real or personal	177
property taxes, and may also issue notes in anticipation of such	178
bonds, pursuant to an ordinance or resolution of its legislative	179
authority or other governing body for the purpose of providing	180
funds to pay expenses associated with the settlement of claims,	181
whether by way of a reserve or otherwise, and to pay the political	182
subdivision's portion of the cost of establishing and maintaining	183
an individual or joint self-insurance program or to provide for	184
the reserve in the special fund authorized by division (C)(2) of	185
this section.	186

In its ordinance or resolution authorizing bonds or notes	187
under this section, a political subdivision may elect to issue	188
such bonds or notes under the procedures set forth in Chapter 133.	189
of the Revised Code. In the event of such an election,	190
notwithstanding Chapter 133. of the Revised Code, the maturity of	191
the bonds may be for any period authorized in the ordinance or	192
resolution not exceeding twenty years, which period shall be the	193
maximum maturity of the bonds for purposes of section 133.22 of	194
the Revised Code.	195

Bonds and notes issued under this section shall not be	196
considered in calculating the net indebtedness of the political	197
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	198
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	199
hereby made applicable to bonds or notes authorized under this	200
section.	201

(10) A joint self-insurance program is not an insurance	202
company. Its operation does not constitute doing an insurance	203
business and is not subject to the insurance laws of this state.	204

(D) A political subdivision may procure group life insurance	205
for its employees in conjunction with an individual or joint	206
self-insurance program authorized by this section, provided that	207
the policy of group life insurance is not self-insured.	208

(E) This section does not apply to individual self-insurance	209
programs created solely by municipal corporations as defined in	210
section 5705.01 of the Revised Code.	211

(F) A public official or employee of a political subdivision	212
who is or becomes a member of the governing body of the program	213
administrator of a joint self-insurance program in which the	214
political subdivision participates is not in violation of division	215
(D) or (E) of section 102.03, division (C) of section 102.04, or	216
section 2921.42 of the Revised Code as a result of either of the	217
following:	218

(1) The political subdivision's entering under this section	219
into the written agreement to participate in the joint	220
self-insurance program;	221

(2) The political subdivision's entering under this section	222
into any other contract with the joint self-insurance program.	223

Sec. 118.023.  (A) Upon determining that one or more of the	224
conditions described in section 118.022 of the Revised Code are	225
present, the auditor of state shall issue a written declaration of	226
the existence of a fiscal watch to the municipal corporation,	227
county, or township and the county budget commission. The fiscal	228
watch shall be in effect until the auditor of state determines	229
that none of the conditions are any longer present and cancels the	230
watch, or until the auditor of state determines that a state of	231
fiscal emergency exists. The auditor of state, or a designee,	232
shall provide such technical and support services to the municipal	233
corporation, county, or township after a fiscal watch has been	234
declared to exist as the auditor of state considers necessary.	235

(B) Within one hundred twenty days after the day a written	236
declaration of the existence of a fiscal watch is issued under	237
division (A) of this section, the mayor of the municipal	238
corporation, the board of county commissioners of the county, or	239
the board of township trustees of the township for which a fiscal	240
watch was declared shall submit to the auditor of state a	241
financial recovery plan that shall identify actions to be taken to	242
eliminate all of the conditions described in section 118.022 of	243
the Revised Code, and shall include a schedule detailing the	244
approximate dates for beginning and completing the actions, and	245
include a five-year forecast reflecting the effects of the	246
actions. The financial recovery plan also shall evaluate the	247
feasibility of entering into shared services agreements with other	248
political subdivisions for the joint exercise of any power,	249
performance of any function, or rendering of any service, if so	250
authorized by statute. The financial recovery plan is subject to	251
review and approval by the auditor of state. The auditor of state	252
may extend the amount of time by which a financial recovery plan	253
is required to be filed, for good cause shown.	254

(C) If a feasible financial recovery plan for a municipal	255
corporation, county, or township for which a fiscal watch was	256
declared is not submitted within the time period prescribed by	257
division (B) of this section, or within any extension of time	258
thereof, the auditor of state shall declare that a fiscal	259
emergency condition exists under section 118.04 of the Revised	260
Code in the municipal corporation, county, or township.	261

Sec. 118.06.  (A) Within one hundred twenty days after the	262
first meeting of the commission, the mayor of the municipal	263
corporation or the board of county commissioners or board of	264
township trustees shall submit to the commission a detailed	265
financial plan, as approved or amended and approved by ordinance	266
or resolution of the legislative authority, containing the	267
following:	268

(1) Actions to be taken by the municipal corporation, county,	269
or township to:	270

(a) Eliminate all fiscal emergency conditions determined to	271
exist pursuant to section 118.04 of the Revised Code;	272

(b) Satisfy any judgments, past due accounts payable, and all	273
past due and payable payroll and fringe benefits;	274

(c) Eliminate the deficits in all deficit funds;

275

(d) Restore to construction funds and other special funds	276
moneys from such funds that were used for purposes not within the	277
purposes of such funds, or borrowed from such construction funds	278
by the purchase of debt obligations of the municipal corporation,	279
county, or township with the moneys of such funds, or missing from	280
the construction funds or such special funds and not accounted	281
for;	282

(e) Balance the budgets, avoid future deficits in any funds,	283
and maintain current payments of payroll, fringe benefits, and all	284
accounts;	285

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

286

(g) Restore the ability of the municipal corporation, county,	287
or township to market long-term general obligation bonds under	288
provisions of law applicable to municipal corporations, counties,	289
or townships generally.	290

(2) The legal authorities permitting the municipal	291
corporation, county, or township to take the actions enumerated	292
pursuant to division (A)(1) of this section;	293

(3) The approximate dates of the commencement, progress upon,	294
and completion of the actions enumerated pursuant to division	295
(A)(1) of this section, a five-year forecast reflecting the	296
effects of those actions, and a reasonable period of time expected	297
to be required to implement the plan. The municipal corporation,	298
county, or township, in consultation with the commission and the	299
financial supervisor, shall prepare a reasonable time schedule for	300
progress toward and achievement of the requirements for the	301
financial plan and the financial plan shall be consistent with	302
that time schedule.	303

(4) The amount and purpose of any issue of debt obligations	304
that will be issued, together with assurances that any such debt	305
obligations that will be issued will not exceed debt limits	306
supported by appropriate certifications by the fiscal officer of	307
the municipal corporation, county, or township and the county	308
auditor;	309

(5) Assurances that the municipal corporation, county, or	310
township will establish monthly levels of expenditures and	311
encumbrances pursuant to division (B)(2) of section 118.07 of the	312
Revised Code;	313

(6) Assurances that the municipal corporation, county, or	314
township will conform to statutes with respect to tax budgets and	315
appropriation measures;	316

(7) The detail, the form, and the supporting information that	317
the commission may direct;	318

(8) An evaluation of the feasibility of entering into shared	319
services agreements with other political subdivisions for the	320
joint exercise of any power, performance of any function, or	321
rendering of any service, if so authorized by statute.	322

(B) The financial plan developed pursuant to division (A) of	323
this section shall be filed with the financial supervisor and the	324
financial planning and supervision commission and shall be updated	325
annually. After consultation with the financial supervisor, the	326
commission shall either approve or reject any initial or	327
subsequent financial plan. If the commission rejects the initial	328
or any subsequent financial plan, it shall forthwith inform the	329
mayor and legislative authority of the municipal corporation or	330
the board of county commissioners or board of township trustees of	331
the reasons for its rejection. Within thirty days after the	332
rejection of any plan, the mayor with the approval of the	333
legislative authority by the passage of an ordinance or	334
resolution, or the board of county commissioners or board of	335
township trustees, shall submit another plan meeting the	336
requirements of divisions (A)(1) to (7) of this section, to the	337
commission and the financial supervisor for approval or rejection	338
by the commission.	339

(C) Any initial or subsequent financial plan passed by the	340
municipal corporation, county, or township shall be approved by	341
the commission if it complies with divisions (A)(1) to (7) of this	342
section, and if the commission finds that the plan is bona fide	343
and can reasonably be expected to be implemented within the period	344
specified in the plan.	345

(D) Any financial plan may be amended subsequent to its	346
adoption in the same manner as the passage and approval of the	347
initial or subsequent plan pursuant to divisions (A) to (C) of	348
this section.	349

(E) If a municipal corporation, county, or township fails to	350
submit a financial plan as required by this section, or fails to	351
substantially comply with an approved financial plan, upon	352
certification of the commission, all state funding for that	353
municipal corporation, county, or township other than benefit	354
assistance to individuals shall be escrowed until a feasible plan	355
is submitted and approved or substantial compliance with the plan	356
is achieved, as the case may be.	357

Sec. 120.08.  There is hereby created in the state treasury	358
the indigent defense support fund, consisting of money paid into	359
the fund pursuant to sections 4507.45, 4509.101, 4510.22, and	360
4511.19 of the Revised Code and pursuant to sections 2937.22,	361
2949.091, and 2949.094 of the Revised Code out of the additional	362
court costs imposed under those sections. The state public	363
defender shall use at least ninetyeighty-eight per cent of the	364
money in the fund for the purposepurposes of reimbursing county	365
governments for expenses incurred pursuant to sections 120.18,	366
120.28, and 120.33 of the Revised Code and operating its system	367
pursuant to division (C)(7) of section 120.04 of the Revised Code	368
and division (B) of section 120.33 of the Revised Code.	369
Disbursements from the fund to county governments shall be made at	370
least once per year and shall be allocated proportionately so that	371
each county receives an equal percentage of its total cost for	372
operating its county public defender system, its joint county	373
public defender system, its county appointed counsel system, or	374
its system operated under division (C)(7) of section 120.04 of the	375
Revised Code and division (B) of section 120.33 of the Revised	376
Code. The state public defender may use not more than tentwelve	377
per cent of the money in the fund for the purposes of appointing	378
assistant state public defenders or for, providing other	379
personnel, equipment, and facilities necessary for the operation	380
of the state public defender office, and providing training,	381
developing and implementing electronic forms, or establishing and	382
maintaining an information technology system used for the uniform	383
operation of this chapter.	384

Sec. 120.53.  (A) A legal aid society that operates within	385
the state may apply to the Ohio legal assistance foundation for	386
financial assistance from the legal aid fund established by	387
section 120.52 of the Revised Code to be used for the funding of	388
the society during the calendar year following the calendar year	389
in which application is made.	390

(B) An application for financial assistance made under	391
division (A) of this section shall be submitted by the first day	392
of November of the calendar year preceding the calendar year for	393
which financial assistance is desired and shall include all of the	394
following:	395

(1) Evidence that the applicant is incorporated in this state	396
as a nonprofit corporation;	397

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

398

(3) The proposed budget of the applicant for these funds for	399
the following calendar year;	400

(4) A summary of the services to be offered by the applicant	401
in the following calendar year;	402

(5) A specific description of the territory or constituency	403
served by the applicant;	404

(6) An estimate of the number of persons to be served by the	405
applicant during the following calendar year;	406

(7) A general description of the additional sources of the	407
applicant's funding;	408

(8) The amount of the applicant's total budget for the	409
calendar year in which the application is filed that it will	410
expend in that calendar year for legal services in each of the	411
counties it serves;	412

(9) A specific description of any services, programs,	413
training, and legal technical assistance to be delivered by the	414
applicant or by another person pursuant to a contract with the	415
applicant, including, but not limited to, by private attorneys or	416
through reduced fee plans, judicare panels, organized pro bono	417
programs, and mediation programs.	418

(C) The Ohio legal assistance foundation shall determine	419
whether each applicant that filed an application for financial	420
assistance under division (A) of this section in a calendar year	421
is eligible for financial assistance under this section. To be	422
eligible for such financial assistance, an applicant shall satisfy	423
the criteria for being a legal aid society and shall be in	424
compliance with the provisions of sections 120.51 to 120.55 of the	425
Revised Code and with the rules and requirements the foundation	426
establishes pursuant to section 120.52 of the Revised Code. The	427
Ohio legal assistance foundation then, on or before the fifteenth	428
day of December of the calendar year in which the application is	429
filed, shall notify each such applicant, in writing, whether it is	430
eligible for financial assistance under this section, and if it is	431
eligible, estimate the amount that will be available for that	432
applicant for each six-month distribution period, as determined	433
under division (D) of this section.	434

(D) The Ohio legal assistance foundation shall allocate	435
moneys contained in the legal aid fund monthly for distribution to	436
applicants that filed their applications in the previous calendar	437
year and are determined to be eligible applicants.	438

All moneys contained in the fund on the first day of each	439
month shall be allocated, after deduction of the costs of	440
administering sections 120.51 to 120.55 and sections 1901.26,	441
1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised	442
Code that are authorized by section 120.52 of the Revised Code,	443
according to this section and shall be distributed accordingly not	444
later than the last day of the month following the month the	445
moneys were received. In making the allocations under this	446
section, the moneys in the fund that were generated pursuant to	447
sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and	448
4705.10 of the Revised Code shall be apportioned as follows:	449

(1) After deduction of the amount authorized and used for	450
actual, reasonable administrative costs under section 120.52 of	451
the Revised Code:	452

(a) Five per cent of the moneys remaining in the fund shall	453
be reserved for use in the manner described in division (A) of	454
section 120.521 of the Revised Code or for distribution to legal	455
aid societies that provide assistance to special population groups	456
of their eligible clients, engage in special projects that have a	457
substantial impact on their local service area or on significant	458
segments of the state's poverty population, or provide legal	459
training or support to other legal aid societies in the state;	460

(b) After deduction of the amount described in division	461
(D)(1)(a) of this section, one and three-quarters per cent of the	462
moneys remaining in the fund shall be apportioned among entities	463
that received financial assistance from the legal aid fund prior	464
to the effective date of this amendmentJuly 1, 1993, but that, on	465
and after the effective date of this amendmentJuly 1, 1993, no	466
longer qualify as a legal aid society that is eligible for	467
financial assistance under this section.	468

(c) After deduction of the amounts described in divisions	469
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys	470
remaining in the fund shall be placed in the legal assistance	471
foundation fund for use in the manner described in division (A) of	472
section 120.521 of the Revised Code.	473

(2) After deduction of the actual, reasonable administrative	474
costs under section 120.52 of the Revised Code and after deduction	475
of the amounts identified in divisions (D)(1)(a), (b), and (c) of	476
this section, the remaining moneys shall be apportioned among the	477
counties that are served by eligible legal aid societies that have	478
applied for financial assistance under this section so that each	479
such county is apportioned a portion of those moneys, based upon	480
the ratio of the number of indigents who reside in that county to	481
the total number of indigents who reside in all counties of this	482
state that are served by eligible legal aid societies that have	483
applied for financial assistance under this section. Subject to	484
division (E) of this section, the moneys apportioned to a county	485
under this division then shall be allocated to the eligible legal	486
aid society that serves the county and that has applied for	487
financial assistance under this section. For purposes of this	488
division, the source of data identifying the number of indigent	489
persons who reside in a county shall be the most recent decennial	490
censusselected by the Ohio legal assistance foundation from the	491
best available figures frommaintained by the United States	492
department of commerce, division of census bureau.	493

(E) If the Ohio legal assistance foundation, in attempting to	494
make an allocation of moneys under division (D)(2) of this	495
section, determines that a county that has been apportioned money	496
under that division is served by more than one eligible legal aid	497
society that has applied for financial assistance under this	498
section, the Ohio legal assistance foundation shall allocate the	499
moneys that have been apportioned to that county under division	500
(D)(2) of this section among all eligible legal aid societies that	501
serve that county and that have applied for financial assistance	502
under this section on a pro rata basis, so that each such eligible	503
society is allocated a portion based upon the amount of its total	504
budget expended in the prior calendar year for legal services in	505
that county as compared to the total amount expended in the prior	506
calendar year for legal services in that county by all eligible	507
legal aid societies that serve that county and that have applied	508
for financial assistance under this section.	509

(F) Moneys allocated to eligible applicants under this	510
section shall be paid monthly beginning the calendar year	511
following the calendar year in which the application is filed.	512

(G)(1) A legal aid society that receives financial assistance	513
in any calendar year under this section shall file an annual	514
report with the Ohio legal assistance foundation detailing the	515
number and types of cases handled, and the amount and types of	516
legal training, legal technical assistance, and other service	517
provided, by means of that financial assistance. No information	518
contained in the report shall identify or enable the	519
identification of any person served by the legal aid society or in	520
any way breach client confidentiality.	521

(2) The Ohio legal assistance foundation shall make an annual	522
report to the governor, the general assembly, and the supreme	523
court on the distribution and use of the legal aid fund. The	524
foundation also shall include in the annual report an audited	525
financial statement of all gifts, bequests, donations,	526
contributions, and other moneys the foundation receives. No	527
information contained in the report shall identify or enable the	528
identification of any person served by a legal aid society, or in	529
any way breach confidentiality.	530

(H) A legal aid society may enter into agreements for the	531
provision of services, programs, training, or legal technical	532
assistance for the legal aid society or to indigent persons.	533

Sec. 124.42.  No person shall be eligible to receive an	534
original appointment as a firefighter in a fire department,	535
subject to the civil service laws of this state, unless the person	536
has reached the age of eighteen and has, not more than one hundred	537
twenty days prior to receiving such appointment, passed a physical	538
examination, given by a licensed physician, a pysicianphysician	539
assistant, a clinical nurse specialist, a certified nurse	540
practitioner, or a certified nurse-midwife, certifying that the	541
applicant is free of cardiovascular and pulmonary diseases, and	542
showing that the person meets the physical requirements necessary	543
to perform the duties of a firefighter as established by the civil	544
service commission having jurisdiction over the appointment. The	545
appointing authority shall, prior to making any such appointment,	546
file with the Ohio police and fire pension fund a copy of the	547
report or findings of said licensed physician, physician	548
assistant, clinical nurse specialist, certified nurse	549
practitioner, or certified nurse-midwife. The professional fee for	550
such physical examination shall be paid by the civil service	551
commission. No person shall be eligible to receive an original	552
appointment on and after the person's thirty-firstforty-first	553
birthday.	554

Notwithstanding this section, a municipal council may enact	555
an ordinance providing that a person between the age of eighteen	556
and thirty-sixforty may receive an original appointment to the	557
fire department, or the board of trustees of a civil service	558
township may do so by resolution. Nothing in this section shall	559
prevent a municipal corporation or civil service township from	560
establishing a fire cadet program and employing persons as fire	561
cadets at age eighteen for the purpose of training persons to	562
become firefighters. The board of trustees of a civil service	563
township may establish by resolution such a cadet program. A	564
person participating in a municipal or township fire cadet program	565
shall not be permitted to carry or use any firearm in the	566
performance of the person's duties.	567

Sec. 125.183.  (A)(1) There is hereby created the statewide	568
emergency services internet protocol network steering committee,	569
consisting of the following ten members:	570

(a) The state chief information officer or the officer's	571
designee;	572

(b) Two members of the house of representatives appointed by	573
the speaker, one from the majority party and one from the minority	574
party;	575

(c) Two members of the senate appointed by the president, one	576
from the majority party and one from the minority party;	577

(d) Five members appointed by the governor.

578

(2) In appointing the five members under division (A)(1)(d)	579
of this section, the governor shall appoint two representatives of	580
the county commissioners' association of Ohio or a successor	581
organization, two representatives of the Ohio municipal league or	582
a successor organization, and one representative of the Ohio	583
township association or a successor organization. For each of	584
these appointments, the governor shall consider a nominee proposed	585
by the association or successor organization. The governor may	586
reject any of the nominees and may request that a nominating	587
entity submit alternative nominees.	588

(3) Initial appointments shall be made not later than ten	589
days after the effective date of this section.	590

(B)(1) The state chief information officer or the officer's	591
designee shall serve as the chairperson of the committee and shall	592
be a nonvoting member. All other members shall be voting members.	593

(2) A member of the committee appointed from the membership	594
of the senate or the house of representatives shall serve during	595
the member's term as a member of the general assembly and until a	596
successor is appointed and qualified, notwithstanding adjournment	597
of the general assembly or the expiration of the member's term as	598
a member of the general assembly.	599

(3) The initial terms of one of the representatives of the	600
county commissioners' association of Ohio, one of the	601
representatives of the Ohio municipal league, and the	602
representative of the Ohio township association shall all expire	603
on December 31, 2016. The initial terms of the other	604
representatives of the county commissioners' association of Ohio	605
and the Ohio municipal league shall expire on December 31, 2014.	606
Thereafter, terms of the members appointed by the governor shall	607
be for four years, with each term ending on the same day of the	608
same month as the term it succeeds. Each member appointed by the	609
governor shall hold office from the date of the member's	610
appointment until the end of the term for which the member was	611
appointed, and may be reappointed. A member appointed by the	612
governor shall continue in office after the expiration date of the	613
member's term until the member's successor takes office or until a	614
period of sixty days has elapsed, whichever occurs first. Members	615
appointed by the governor shall serve without compensation and	616
shall not be reimbursed for expenses.	617

(4) A vacancy in the position of any member of the committee	618
shall be filled for the unexpired term in the same manner as the	619
original appointment.	620

(C) The committee shall generally advise the state on the	621
implementation, operation, and maintenance of a statewide	622
emergency services internet protocol network that would support	623
state and local government next-generation 9-1-1 and the dispatch	624
of emergency service providers. The committee shall do all of the	625
following:	626

(1) On or before November 15, 2012, deliver an initial report	627
to the speaker of the house of representatives, the president of	628
the senate, and the governor providing recommendations for the	629
state to address the development of a statewide emergency services	630
internet protocol network, including a review of the current	631
funding model for this state's 9-1-1 systems;	632

(2) Examine the readiness of the state's current technology	633
infrastructure for a statewide emergency services internet	634
protocol network;	635

(3) Research legislative authority with regard to governance	636
and funding of a statewide emergency services internet protocol	637
network, and provide recommendations on best practices to limit	638
duplicative efforts to ensure an effective transition to	639
next-generation 9-1-1;	640

(4) Make recommendations for consolidation of	641
public-safety-answering-point operations in this state, to	642
accommodate next-generation 9-1-1 technology and to facilitate a	643
more efficient and effective emergency services system;	644

(5) Recommend policies, procedures, and statutory or	645
regulatory authority to effectively govern a statewide emergency	646
services internet protocol network;	647

(6) Designate a next-generation 9-1-1 statewide coordinator	648
to serve as the primary point of contact for federal initiatives;	649

(7) Coordinate with statewide initiatives and associations	650
such as the state interoperable executive committee, the Ohio	651
geographically referenced information program council, the Ohio	652
multi-agency radio communications system steering committee, and	653
other interested parties.	654

(D) The committee shall hold its inaugural meeting not later	655
than thirty days after the effective date of this section.	656
Thereafter, the committee shall meet at least once a month, either	657
in person or utilizing telecommunication-conferencing technology.	658
A majority of the voting members shall constitute a quorum.	659

(E)(1) The committee shall have a permanent	660
technical-standards subcommittee and a permanent	661
public-safety-answering-point-operations subcommittee, and may,	662
from time to time, establish additional subcommittees, to advise	663
and assist the committee based upon the subcommittees' areas of	664
expertise.	665

(2) The membership of subcommittees shall be determined by	666
the committee.	667

(a) The technical-standards subcommittee shall include one	668
member representing a wireline or wireless service provider that	669
participates in the state's 9-1-1 system, one representative of	670
the Ohio academic resources network, one representative of the	671
Ohio multi-agency radio communications system steering committee,	672
one representative of the Ohio geographically referenced	673
information program, and one member representing each of the	674
following associations selected by the committee from nominations	675
received from that association:	676

(i) The Ohio telephone association;

677

(ii) The Ohio chapter of the association of public-safety	678
communications officials;	679

(iii) The Ohio chapter of the national emergency number	680
association.	681

(b) The public-safety-answering-point-operations subcommittee	682
shall include one member representing the division of emergency	683
management of the department of public safety, one member	684
representing the state highway patrol, two members recommended by	685
the county commissioners' association of Ohio who are managers of	686
public safety answering points, two members recommended by the	687
Ohio municipal league who are managers of public safety answering	688
points, and one member from each of the following associations	689
selected by the committee from nominations received from that	690
association:	691

(i) The buckeye state sheriffs' association;

692

(ii) The Ohio association of chiefs of police;

693

(iii) The Ohio association of fire chiefs;

694

(iv) The Ohio chapter of the association of public-safety	695
communications officials;	696

(v) The Ohio chapter of the national emergency number	697
association.	698

(F) The committee is not an agency, as defined in section	699
101.82 of the Revised Code, for purposes of sections 101.82 to	700
101.87 of the Revised Code.	701

(G) As used in this section, "9-1-1 system," "wireless	702
service provider," "wireline service provider," "emergency service	703
provider," and "public safety answering point" have the same	704
meanings as in section 4931.40 of the Revised Code.	705

Sec. 305.171. The following applies until the department of	706
administrative services implements for counties the health care	707
plans under section 9.901 of the Revised Code. If those plans do	708
not include or address any benefits listed in division (A) of this	709
section, the following provisions continue in effect for those	710
benefits.	711

(A) The board of county commissioners of any county may	712
contract for, purchase, or otherwise procure and pay all or any	713
part of the cost of any of the following insurance, coverage, or	714
benefits issued by an insurance company or administered by a board	715
of county commissioners or a contractor, for county officers and	716
employees and their immediate dependents from the funds or budgets	717
from which the county officers or employees are compensated for	718
services:	719

(1) Group insurance policies that may provide any of the	720
following:	721

(a) Benefits including, but not limited to, hospitalization,	722
surgical care, major medical care, disability, dental care, eye	723
care, medical care, hearing aids, or prescription drugs;	724

(b) Sickness and accident insurance;

725

(c) Group legal services;

726

(d) Group life insurance.

727

(2) Any other qualified benefit available under section 125	728
of the "Internal Revenue Code of 1986," 26 U.S.C. 125;	729

(3) A health and wellness benefit program through which the	730
county provides a benefit or incentive to county officers,	731
employees, and their immediate dependents to maintain a healthy	732
lifestyle, including, but not limited to, programs to encourage	733
healthy eating and nutrition, exercise and physical activity,	734
weight control or the elimination of obesity, and cessation of	735
smoking or alcohol use.	736

(4) Any combination of any of the foregoing types of	737
insurance, coverage, or benefits.	738

(B) The board of county commissioners also may negotiate and	739
contract for any plan or plans of health care services with health	740
insuring corporations holding a certificate of authority under	741
Chapter 1751. of the Revised Code, provided that each county	742
officer or employee shall be permitted to do both of the	743
following:	744

(1) Exercise an option between a plan offered by an insurance	745
company and a plan or plans offered by health insuring	746
corporations under this division, on the condition that the county	747
officer or employee shall pay any amount by which the cost of the	748
plan chosen by the county officer or employee pursuant to this	749
division exceeds the cost of the plan offered under division (A)	750
of this section;	751

(2) Change from one of the plans to another at a time each	752
year as determined by the board.	753

(C) Section 307.86 of the Revised Code does not apply to the	754
purchase of benefits for county officers or employees under	755
divisions (A) and (B) of this section when those benefits are	756
provided through a jointly administered health and welfare trust	757
fund in which the county or contracting authority and a collective	758
bargaining representative of the county employees or contracting	759
authority agree to participate.	760

(D) The board of trustees of a jointly administered trust	761
fund that receives contributions pursuant to collective bargaining	762
agreements entered into between the board of county commissioners	763
of any county and a collective bargaining representative of the	764
employees of the county may provide for self-insurance of all risk	765
in the provision of fringe benefits, and may provide through the	766
self-insurance method specific fringe benefits as authorized by	767
the rules of the board of trustees of the jointly administered	768
trust fund. The fringe benefits may include, but are not limited	769
to, hospitalization, surgical care, major medical care,	770
disability, dental care, vision care, medical care, hearing aids,	771
prescription drugs, group life insurance, sickness and accident	772
insurance, group legal services, or a combination of any of the	773
foregoing types of insurance or coverage, for county employees and	774
their dependents.	775

(E) The board of county commissioners may provide the	776
benefits described in divisions (A) to (D) of this section through	777
an individual self-insurance program or a joint self-insurance	778
program as provided in section 9.833 of the Revised Code.	779

(F) When a board of county commissioners offers benefits	780
authorized under this section to a county officer or employee, the	781
board may offer the benefits through a cafeteria plan meeting the	782
requirements of section 125 of the "Internal Revenue Code of	783
1986," 100 Stat. 2085, 26 U.S.C.A. 125, as amended, and, as part	784
of that plan, may offer the county officer or employee the option	785
of receiving a cash payment in any form permissible under such	786
cafeteria plans. A cash payment made to a county officer or	787
employee under this division shall not exceed twenty-five per cent	788
of the cost of premiums or payments that otherwise would be paid	789
by the board for benefits for the county officer or employee under	790
a policy or plan.	791

(G) The board of county commissioners may establish a policy	792
authorizing any county appointing authority to make a cash payment	793
to any county officer or employee in lieu of providing a benefit	794
authorized under this section if the county officer or employee	795
elects to take the cash payment instead of the offered benefit. A	796
cash payment made to a county officer or employee under this	797
division shall not exceed twenty-five per cent of the cost of	798
premiums or payments that otherwise would be paid by the board for	799
benefits for the county officer or employee under an offered	800
policy or plan.	801

(H) No cash payment in lieu of a health benefit shall be made	802
to a county officer or employee under division (F) or (G) of this	803
section unless the county officer or employee signs a statement	804
affirming that the county officer or employee is covered under	805
another health insurance or health care policy, contract, or plan,	806
and setting forth the name of the employer, if any, that sponsors	807
the coverage, the name of the carrier that provides the coverage,	808
and the identifying number of the policy, contract, or plan.	809

(I) The legislative authority of a county-operated municipal	810
court, after consultation with the judges, or the clerk and deputy	811
clerks, of the municipal court, shall negotiate and contract for,	812
purchase, or otherwise procure, and pay the costs, premiums, or	813
charges for, group health care coverage for the judges, and group	814
health care coverage for the clerk and deputy clerks, in	815
accordance with section 1901.111 or 1901.312 of the Revised Code.	816

(J) As used in this section:

817

(1) "County officer or employee" includes, but is not limited	818
to, a member or employee of the county board of elections.	819

(2) "County-operated municipal court" and "legislative	820
authority" have the same meanings as in section 1901.03 of the	821
Revised Code.	822

(3) "Health care coverage" has the same meaning as in section	823
1901.111 of the Revised Code.	824

Sec. 307.12.  (A) Except as otherwise provided in divisions	825
(D), (E), and (G) of this section, when the board of county	826
commissioners finds, by resolution, that the county has personal	827
property, including motor vehicles acquired for the use of county	828
officers and departments, and road machinery, equipment, tools, or	829
supplies, that is not needed for public use, is obsolete, or is	830
unfit for the use for which it was acquired, and when the fair	831
market value of the property to be sold or donated under this	832
division is, in the opinion of the board, in excess of two	833
thousand five hundred dollars, the board may do either of the	834
following:	835

(1) Sell the property at public auction or by sealed bid to	836
the highest bidder. Notice of the time, place, and manner of the	837
sale shall be published in a newspaper of general circulation in	838
the county at least ten days prior to the sale, and a typewritten	839
or printed notice of the time, place, and manner of the sale shall	840
be posted at least ten days before the sale in the offices of the	841
county auditor and the board of county commissioners.	842

If a board conducts a sale of property by sealed bid, the	843
form of the bid shall be as prescribed by the board, and each bid	844
shall contain the name of the person submitting it. Bids received	845
shall be opened and tabulated at the time stated in the notice.	846
The property shall be sold to the highest bidder, except that the	847
board may reject all bids and hold another sale, by public auction	848
or sealed bid, in the manner prescribed by this section.	849

(2) Donate any motor vehicle that does not exceed four	850
thousand five hundred dollars in value to a nonprofit organization	851
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	852
and (c)(3) for the purpose of meeting the transportation needs of	853
participants in the Ohio works first program established under	854
Chapter 5107. of the Revised Code and participants in the	855
prevention, retention, and contingency program established under	856
Chapter 5108. of the Revised Code.	857

(B) When the board of county commissioners finds, by	858
resolution, that the county has personal property, including motor	859
vehicles acquired for the use of county officers and departments,	860
and road machinery, equipment, tools, or supplies, that is not	861
needed for public use, is obsolete, or is unfit for the use for	862
which it was acquired, and when the fair market value of the	863
property to be sold or donated under this division is, in the	864
opinion of the board, two thousand five hundred dollars or less,	865
the board may do either of the following:	866

(1) Sell the property by private sale, without advertisement	867
or public notification;	868

(2) Donate the property to an eligible nonprofit organization	869
that is located in this state and is exempt from federal income	870
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating	871
any property under this division, the board shall adopt a	872
resolution expressing its intent to make unneeded, obsolete, or	873
unfit-for-use county personal property available to these	874
organizations. The resolution shall include guidelines and	875
procedures the board considers necessary to implement a donation	876
program under this division and shall indicate whether the county	877
will conduct the donation program or the board will contract with	878
a representative to conduct it. If a representative is known when	879
the resolution is adopted, the resolution shall provide contact	880
information such as the representative's name, address, and	881
telephone number.	882

The resolution shall include within its procedures a	883
requirement that any nonprofit organization desiring to obtain	884
donated property under this division shall submit a written notice	885
to the board or its representative. The written notice shall	886
include evidence that the organization is a nonprofit organization	887
that is located in this state and is exempt from federal income	888
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	889
the organization's primary purpose; a description of the type or	890
types of property the organization needs; and the name, address,	891
and telephone number of a person designated by the organization's	892
governing board to receive donated property and to serve as its	893
agent.	894

After adoption of the resolution, the board shall publish, in	895
a newspaper of general circulation in the county, notice of its	896
intent to donate unneeded, obsolete, or unfit-for-use county	897
personal property to eligible nonprofit organizations. The notice	898
shall include a summary of the information provided in the	899
resolution and shall be published twice or as provided in section	900
7.16 of the Revised Code. The second and any subsequent notice	901
shall be published not less than ten nor more than twenty days	902
after the previous notice. A similar notice also shall be posted	903
continually in a conspicuous place in the offices of the county	904
auditor and the board of county commissioners. If the county	905
maintains a web site on the internet, the notice shall be posted	906
continually at that web site.	907

The board or its representative shall maintain a list of all	908
nonprofit organizations that notify the board or its	909
representative of their desire to obtain donated property under	910
this division and that the board or its representative determines	911
to be eligible, in accordance with the requirements set forth in	912
this section and in the donation program's guidelines and	913
procedures, to receive donated property.	914

The board or its representatives also shall maintain a list	915
of all county personal property the board finds to be unneeded,	916
obsolete, or unfit for use and to be available for donation under	917
this division. The list shall be posted continually in a	918
conspicuous location in the offices of the county auditor and the	919
board of county commissioners, and, if the county maintains a web	920
site on the internet, the list shall be posted continually at that	921
web site. An item of property on the list shall be donated to the	922
eligible nonprofit organization that first declares to the board	923
or its representative its desire to obtain the item unless the	924
board previously has established, by resolution, a list of	925
eligible nonprofit organizations that shall be given priority with	926
respect to the item's donation. Priority may be given on the basis	927
that the purposes of a nonprofit organization have a direct	928
relationship to specific public purposes of programs provided or	929
administered by the board. A resolution giving priority to certain	930
nonprofit organizations with respect to the donation of an item of	931
property shall specify the reasons why the organizations are given	932
that priority.	933

(C) Members of the board of county commissioners shall	934
consult with the Ohio ethics commission, and comply with the	935
provisions of Chapters 102. and 2921. of the Revised Code, with	936
respect to any sale or donation under division (A) or (B) of this	937
section to a nonprofit organization of which a county	938
commissioner, any member of the county commissioner's family, or	939
any business associate of the county commissioner is a trustee,	940
officer, board member, or employee.	941

(D) Notwithstanding anything to the contrary in division (A),	942
(B), or (E) of this section and regardless of the property's	943
value, the board of county commissioners may sell or donate county	944
personal property, including motor vehicles, to the federal	945
government, the state, any political subdivision of the state, or	946
a county land reutilization corporation without advertisement or	947
public notification.	948

(E) Notwithstanding anything to the contrary in division (A),	949
(B), or (G) of this section and regardless of the property's	950
value, the board of county commissioners may sell personal	951
property, including motor vehicles acquired for the use of county	952
officers and departments, and road machinery, equipment, tools, or	953
supplies, that is not needed for public use, is obsolete, or is	954
unfit for the use for which it was acquired, by internet auction.	955
The board shall adopt, during each calendar year, a resolution	956
expressing its intent to sell that property by internet auction.	957
The resolution shall include a description of how the internet	958
auctions will be conducted and shall specify the number of days	959
for bidding on the property, which shall be no less than ten days,	960
including Saturdays, Sundays, and legal holidays. The resolution	961
shall indicate whether the county will conduct the auction	962
internet auctions or the board will contract with a representative	963
to conduct the auctioninternet auctions and shall establish the	964
general terms and conditions of sale. If a representative is known	965
when the resolution is adopted, the resolution shall provide	966
contact information such as the representative's name, address,	967
and telephone number.	968

After adoption of the resolution, the board shall publish, in	969
a newspaper of general circulation in the county, notice of its	970
intent to sell unneeded, obsolete, or unfit-for-use county	971
personal property by internet auction. The notice shall include a	972
summary of the information provided in the resolution and shall be	973
published twice or as provided in section 7.16 of the Revised	974
Code. The second and any subsequent notice shall be published not	975
less than ten nor more than twenty days after the previous notice.	976
A similar notice also shall be posted continually throughout the	977
calendar year in a conspicuous place in the offices of the county	978
auditor and the board of county commissioners. If the county	979
maintains a web site on the internet, the notice shall be posted	980
continually throughout the calendar year at that web site.	981

When property is to be sold by internet auction, the board or	982
its representative may establish a minimum price that will be	983
accepted for specific items and may establish any other terms and	984
conditions for thea particular sale, including requirements for	985
pick-up or delivery, method of payment, and sales tax. This type	986
of information shall be provided on the internet at the time of	987
the auction and may be provided before that time upon request	988
after the terms and conditions have been determined by the board	989
or its representative.	990

(F) When a county officer or department head determines that	991
county-owned personal property under the jurisdiction of the	992
officer or department head, including motor vehicles, road	993
machinery, equipment, tools, or supplies, is not of immediate	994
need, the county officer or department head may notify the board	995
of county commissioners, and the board may lease that personal	996
property to any municipal corporation, township, other political	997
subdivision of the state, or to a county land reutilization	998
corporation. The lease shall require the county to be reimbursed	999
under terms, conditions, and fees established by the board, or	1000
under contracts executed by the board.	1001

(G) If the board of county commissioners finds, by	1002
resolution, that the county has vehicles, equipment, or machinery	1003
that is not needed, or is unfit for public use, and the board	1004
desires to sell the vehicles, equipment, or machinery to the	1005
person or firm from which it proposes to purchase other vehicles,	1006
equipment, or machinery, the board may offer to sell the vehicles,	1007
equipment, or machinery to that person or firm, and to have the	1008
selling price credited to the person or firm against the purchase	1009
price of other vehicles, equipment, or machinery.	1010

(H) If the board of county commissioners advertises for bids	1011
for the sale of new vehicles, equipment, or machinery to the	1012
county, it may include in the same advertisement a notice of the	1013
willingness of the board to accept bids for the purchase of	1014
county-owned vehicles, equipment, or machinery that is obsolete or	1015
not needed for public use, and to have the amount of those bids	1016
subtracted from the selling price of the other vehicles,	1017
equipment, or machinery as a means of determining the lowest	1018
responsible bidder.	1019

(I) If a board of county commissioners determines that county	1020
personal property is not needed for public use, or is obsolete or	1021
unfit for the use for which it was acquired, and that the property	1022
has no value, the board may discard or salvage that property.	1023

(J) A county engineer, in the engineer's discretion, may	1024
dispose of scrap construction materials on such terms as the	1025
engineer determines reasonable, including disposal without	1026
recovery of costs, if the total value of the materials does not	1027
exceed twenty-five thousand dollars. The engineer shall maintain	1028
records of all dispositions made under this division, including	1029
identification of the origin of the materials, the final	1030
disposition, and copies of all receipts resulting from the	1031
dispositions.	1032

As used in division (I) of this section, "scrap construction	1033
materials" means construction materials that result from a road or	1034
bridge improvement, remain after the improvement is completed, and	1035
are not reusable. Construction material that is metal and that	1036
results from a road or bridge improvement and remains after the	1037
improvement is completed is scrap construction material only if it	1038
cannot be used in any other road or bridge improvement or other	1039
project in its current state.	1040

Sec. 307.86.  Anything to be purchased, leased, leased with	1041
an option or agreement to purchase, or constructed, including, but	1042
not limited to, any product, structure, construction,	1043
reconstruction, improvement, maintenance, repair, or service,	1044
except the services of an accountant, architect, attorney at law,	1045
physician, professional engineer, construction project manager,	1046
consultant, surveyor, or appraiser, by or on behalf of the county	1047
or contracting authority, as defined in section 307.92 of the	1048
Revised Code, at a cost in excess of twenty-fivefifty thousand	1049
dollars, except as otherwise provided in division (D) of section	1050
713.23 and in sections 9.48, 125.04, 125.60 to 125.6012, 307.022,	1051
307.041, 307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35,	1052
5119.16, 5513.01, 5543.19, 5713.01, and 6137.05 of the Revised	1053
Code, shall be obtained through competitive bidding. However,	1054
competitive bidding is not required when any of the following	1055
applies:	1056

(A) The board of county commissioners, by a unanimous vote of	1057
its members, makes a determination that a real and present	1058
emergency exists, and that determination and the reasons for it	1059
are entered in the minutes of the proceedings of the board, when	1060
either of the following applies:	1061

(1) The estimated cost is less than fiftyone hundred	1062
thousand dollars.	1063

(2) There is actual physical disaster to structures, radio	1064
communications equipment, or computers.	1065

For purposes of this division, "unanimous vote" means all	1066
three members of a board of county commissioners when all three	1067
members are present, or two members of the board if only two	1068
members, constituting a quorum, are present.	1069

Whenever a contract of purchase, lease, or construction is	1070
exempted from competitive bidding under division (A)(1) of this	1071
section because the estimated cost is less than fiftyone hundred	1072
thousand dollars, but the estimated cost is twenty-fivefifty	1073
thousand dollars or more, the county or contracting authority	1074
shall solicit informal estimates from no fewer than three persons	1075
who could perform the contract, before awarding the contract. With	1076
regard to each such contract, the county or contracting authority	1077
shall maintain a record of such estimates, including the name of	1078
each person from whom an estimate is solicited. The county or	1079
contracting authority shall maintain the record for the longer of	1080
at least one year after the contract is awarded or the amount of	1081
time the federal government requires.	1082

(B)(1) The purchase consists of supplies or a replacement or	1083
supplemental part or parts for a product or equipment owned or	1084
leased by the county, and the only source of supply for the	1085
supplies, part, or parts is limited to a single supplier.	1086

(2) The purchase consists of services related to information	1087
technology, such as programming services, that are proprietary or	1088
limited to a single source.	1089

(C) The purchase is from the federal government, the state,	1090
another county or contracting authority of another county, or a	1091
board of education, educational service center, township, or	1092
municipal corporation.	1093

(D) The purchase is made by a county department of job and	1094
family services under section 329.04 of the Revised Code and	1095
consists of family services duties or workforce development	1096
activities or is made by a county board of developmental	1097
disabilities under section 5126.05 of the Revised Code and	1098
consists of program services, such as direct and ancillary client	1099
services, child care, case management services, residential	1100
services, and family resource services.	1101

(E) The purchase consists of criminal justice services,	1102
social services programs, family services, or workforce	1103
development activities by the board of county commissioners from	1104
nonprofit corporations or associations under programs funded by	1105
the federal government or by state grants.	1106

(F) The purchase consists of any form of an insurance policy	1107
or contract authorized to be issued under Title XXXIX of the	1108
Revised Code or any form of health care plan authorized to be	1109
issued under Chapter 1751. of the Revised Code, or any combination	1110
of such policies, contracts, plans, or services that the	1111
contracting authority is authorized to purchase, and the	1112
contracting authority does all of the following:	1113

(1) Determines that compliance with the requirements of this	1114
section would increase, rather than decrease, the cost of the	1115
purchase;	1116

(2) Requests issuers of the policies, contracts, plans, or	1117
services to submit proposals to the contracting authority, in a	1118
form prescribed by the contracting authority, setting forth the	1119
coverage and cost of the policies, contracts, plans, or services	1120
as the contracting authority desires to purchase;	1121

(3) Negotiates with the issuers for the purpose of purchasing	1122
the policies, contracts, plans, or services at the best and lowest	1123
price reasonably possible.	1124

(G) The purchase consists of computer hardware, software, or	1125
consulting services that are necessary to implement a computerized	1126
case management automation project administered by the Ohio	1127
prosecuting attorneys association and funded by a grant from the	1128
federal government.	1129

(H) Child care services are purchased for provision to county	1130
employees.	1131

(I)(1) Property, including land, buildings, and other real	1132
property, is leased for offices, storage, parking, or other	1133
purposes, and all of the following apply:	1134

(a) The contracting authority is authorized by the Revised	1135
Code to lease the property.	1136

(b) The contracting authority develops requests for proposals	1137
for leasing the property, specifying the criteria that will be	1138
considered prior to leasing the property, including the desired	1139
size and geographic location of the property.	1140

(c) The contracting authority receives responses from	1141
prospective lessors with property meeting the criteria specified	1142
in the requests for proposals by giving notice in a manner	1143
substantially similar to the procedures established for giving	1144
notice under section 307.87 of the Revised Code.	1145

(d) The contracting authority negotiates with the prospective	1146
lessors to obtain a lease at the best and lowest price reasonably	1147
possible considering the fair market value of the property and any	1148
relocation and operational costs that may be incurred during the	1149
period the lease is in effect.	1150

(2) The contracting authority may use the services of a real	1151
estate appraiser to obtain advice, consultations, or other	1152
recommendations regarding the lease of property under this	1153
division.	1154

(J) The purchase is made pursuant to section 5139.34 or	1155
sections 5139.41 to 5139.46 of the Revised Code and is of programs	1156
or services that provide case management, treatment, or prevention	1157
services to any felony or misdemeanant delinquent, unruly youth,	1158
or status offender under the supervision of the juvenile court,	1159
including, but not limited to, community residential care, day	1160
treatment, services to children in their home, or electronic	1161
monitoring.	1162

(K) The purchase is made by a public children services agency	1163
pursuant to section 307.92 or 5153.16 of the Revised Code and	1164
consists of family services, programs, or ancillary services that	1165
provide case management, prevention, or treatment services for	1166
children at risk of being or alleged to be abused, neglected, or	1167
dependent children.	1168

(L) The purchase is to obtain the services of emergency	1169
medical service organizations under a contract made by the board	1170
of county commissioners pursuant to section 307.05 of the Revised	1171
Code with a joint emergency medical services district.	1172

(M) The county contracting authority determines that the use	1173
of competitive sealed proposals would be advantageous to the	1174
county and the contracting authority complies with section 307.862	1175
of the Revised Code.	1176

Any issuer of policies, contracts, plans, or services listed	1177
in division (F) of this section and any prospective lessor under	1178
division (I) of this section may have the issuer's or prospective	1179
lessor's name and address, or the name and address of an agent,	1180
placed on a special notification list to be kept by the	1181
contracting authority, by sending the contracting authority that	1182
name and address. The contracting authority shall send notice to	1183
all persons listed on the special notification list. Notices shall	1184
state the deadline and place for submitting proposals. The	1185
contracting authority shall mail the notices at least six weeks	1186
prior to the deadline set by the contracting authority for	1187
submitting proposals. Every five years the contracting authority	1188
may review this list and remove any person from the list after	1189
mailing the person notification of that action.	1190

Any contracting authority that negotiates a contract under	1191
division (F) of this section shall request proposals and negotiate	1192
with issuers in accordance with that division at least every three	1193
years from the date of the signing of such a contract, unless the	1194
parties agree upon terms for extensions or renewals of the	1195
contract. Such extension or renewal periods shall not exceed six	1196
years from the date the initial contract is signed.	1197

Any real estate appraiser employed pursuant to division (I)	1198
of this section shall disclose any fees or compensation received	1199
from any source in connection with that employment.	1200

Sec. 307.861.  The county or contracting authority, as	1201
defined in section 307.92 of the Revised Code, may renew a lease	1202
which has been entered into for electronic data processing	1203
equipment, services, or systems, or a radio communications system	1204
at a cost in excess of tenfifty thousand dollars as follows:	1205

(A) The lessor shall submit a written bid to the county or	1206
contracting authority whichthat is the lessee under the lease,	1207
stating the terms under which the lease would be renewed,	1208
including the length of the renewal lease, and the cost of the	1209
renewal lease to the county or contracting authority. The county	1210
or contracting authority may require the lessor to submit a bond	1211
with the bid.	1212

(B) The county or contracting authority shall advertise for	1213
and receive competitive bids, as provided in sections 307.87 to	1214
307.90 of the Revised Code, for a lease under the same terms and	1215
for the same period as provided in the bid of the lessor submitted	1216
under division (A) of this section.	1217

(C) The county or contracting authority may renew the lease	1218
with the lessor only if the bid submitted by the lessor under	1219
division (A) of this section is an amount less than the lowest and	1220
best bid submitted pursuant to competitive bidding under division	1221
(B) of this section.	1222

Sec. 307.87.  Where competitive bidding is required by	1223
section 307.86 of the Revised Code, notice thereof shall be given	1224
in the following manner:	1225

(A) Notice shall be published once a week for not less than	1226
two consecutive weeks preceding the day of the opening of bids in	1227
a newspaper of general circulation within the county for any	1228
purchase, lease, lease with option or agreement to purchase, or	1229
construction contract in excess of twenty-fivefifty thousand	1230
dollars. The contracting authority may also cause notice to be	1231
inserted in trade papers or other publications designated by it or	1232
to be distributed by electronic means, including posting the	1233
notice on the contracting authority's internet site on the world	1234
wide web. If the contracting authority posts the notice on that	1235
location on the world wide web, it may eliminate the second notice	1236
otherwise required to be published in a newspaper of general	1237
circulation within the county, provided that the first notice	1238
published in such a newspaper meets all of the following	1239
requirements:	1240

(1) It is published at least two weeks before the opening of	1241
bids.	1242

(2) It includes a statement that the notice is posted on the	1243
contracting authority's internet site on the world wide web.	1244

(3) It includes the internet address of the contracting	1245
authority's internet site on the world wide web.	1246

(4) It includes instructions describing how the notice may be	1247
accessed on the contracting authority's internet site on the world	1248
wide web.	1249

(B) Notices shall state all of the following:

1250

(1) A general description of the subject of the proposed	1251
contract and the time and place where the plans and specifications	1252
or itemized list of supplies, facilities, or equipment and	1253
estimated quantities can be obtained or examined;	1254

(2) The time and place where bids will be opened;

1255

(3) The time and place for filing bids;

1256

(4) The terms of the proposed purchase;

1257

(5) Conditions under which bids will be received;

1258

(6) The existence of a system of preference, if any, for	1259
products mined and produced in Ohio and the United States adopted	1260
pursuant to section 307.90 of the Revised Code.	1261

(C) The contracting authority shall also maintain in a public	1262
place in its office or other suitable public place a bulletin	1263
board upon which it shall post and maintain a copy of such notice	1264
for at least two weeks preceding the day of the opening of the	1265
bids.	1266

Sec. 307.88.  (A) Bids submitted pursuant to sections 307.86	1267
to 307.92 of the Revised Code shall be in a form prescribed by the	1268
contracting authority and filed in the manner and at the time and	1269
place mentioned in the notice. The bids received shall be opened	1270
and tabulated at the time stated in the notice. Each bid shall	1271
contain the full name of each person submitting the bid. If the	1272
bid is in excess of twenty-fivefifty thousand dollars and for a	1273
contract for the construction, demolition, alteration, repair, or	1274
reconstruction of an improvement, it shall meet the requirements	1275
of section 153.54 of the Revised Code. If the bid is in excess of	1276
twenty-five fifty thousand dollars and for any other contract	1277
authorized by sections 307.86 to 307.92 of the Revised Code, it	1278
shallmay be accompanied by a bond or certified check, cashier's	1279
check, or money order on a solvent bank or savings and loan	1280
association in a reasonable amount stated in the notice but not to	1281
exceed five per cent of the bid, conditioned that the bidder, if	1282
the bidder's bid is accepted, shall execute a contract in	1283
conformity to the invitation and the bid.	1284

(B) The board of county commissioners, by a unanimous vote of	1285
the entire board, may permit a contracting authority to exempt a	1286
bid from any or all of the requirements of section 153.54 of the	1287
Revised Code if the estimated cost is twenty-fiveone hundred	1288
thousand dollars or less. If the board exempts a bid from any but	1289
not all of those requirements, the bid notice published in the	1290
newspaper pursuant to section 307.87 of the Revised Code shall	1291
state the specific bid guaranty requirements that apply. If the	1292
board exempts a bid from all requirements of section 153.54 of the	1293
Revised Code, the notice shall state that none of the requirements	1294
of that section apply.	1295

Sec. 308.13.  (A) The board of trustees of a regional airport	1296
authority or any officer or employee designated by such board may	1297
make without competitive bidding any contract for theany	1298
purchase of supplies or material or for labor, lease, lease with	1299
option or agreement to purchase any property, or any construction	1300
contract for any work, under the supervision of the board, the	1301
cost of which shall not exceed fifteenfifty thousand dollars.	1302
Except where the contract is for equipment, materials, or supplies	1303
available from a qualified nonprofit agency pursuant to sections	1304
4115.31 to 4115.35 of the Revised Code, when an expenditure, other	1305
than for the acquisition of real estate, the discharge of	1306
noncontractual claims, personal services, or for the product or	1307
services of public utilities, exceeds fifteenAny purchase, lease,	1308
lease with option or agreement to purchase, or construction	1309
contract in excess of fifty thousand dollars, such expenditure	1310
shall be made only afterrequire that a notice calling for bids	1311
has beenbe published once a week for threenot less than two	1312
consecutive weeks preceding the day of the opening of the bids in	1313
a newspaper of general circulation within the territorial	1314
boundaries of the regional airport authority, or as provided in	1315
section 7.16 of the Revised Code. IfThe regional airport	1316
authority also may cause notice to be inserted in trade papers or	1317
other publications designated by it or to be distributed by	1318
electronic means, including posting the notice on the internet	1319
site on the world wide web of the regional airport authority. If	1320
the contracting authority posts the notice on that internet web	1321
site, the requirement that a second notice be published in a	1322
newspaper of general circulation within the territorial boundaries	1323
of the regional airport authority does not apply provided the	1324
first notice published in that newspaper meets all of the	1325
following requirements:	1326

(1) It is published at least two weeks prior to the day of	1327
the opening of the bids.	1328

(2) It includes a statement that the notice is posted on the	1329
internet site on the world wide web of the regional airport	1330
authority.	1331

(3) It includes the internet address of the internet site on	1332
the world wide web of the regional airport authority.	1333

(4) It includes instructions describing how the notice may be	1334
accessed on the internet site on the world wide web of the	1335
regional airport authority.	1336

If the bid is for a contract for the construction,	1337
demolition, alteration, repair, or reconstruction of an	1338
improvement, it shall meet the requirements of section 153.54 of	1339
the Revised Code. If the bid is for any other contract authorized	1340
by this section, it shall be accompanied by a good and approved	1341
bond with ample security conditioned on the carrying out of the	1342
contract as determined by the board. The board may let the	1343
contract to the lowest and best bidder. Such contract shall be in	1344
writing and shall be accompanied by or shall refer to plans and	1345
specifications for the work to be done, as approved by the board.	1346
The plans and specifications shall at all times shall be made and	1347
considered part of the contract. SaidThe contract shall be	1348
approved by the board and signed by its chief executive officer	1349
and by the contractor, and shall be executed in duplicate.	1350

(B) Whenever a board of trustees of a regional airport	1351
authority or any officer or employee designated by the board makes	1352
a contract for the purchase of supplies or material or for labor	1353
for any work, the cost of which is greater than one thousand	1354
dollars but no more than fifteen thousand dollars, the board or	1355
designated officer or employee shall solicit informal estimates	1356
from no fewer than three potential suppliers before awarding the	1357
contract. With regard to each such contract, the board shall	1358
maintain a record of such estimates, including the name of each	1359
person from whom an estimate is solicited, for no less than one	1360
year after the contract is awardedThe competitive bidding	1361
procedures described in division (A) of this section do not apply	1362
in any of the following circumstances:	1363

(1) The board of trustees of a regional airport authority, by	1364
a majority vote of its members present at any meeting, determines	1365
that a real and present emergency exists under any of the	1366
following conditions, and the board enters its determination and	1367
the reasons for it in its proceedings:	1368

(a) Affecting safety, welfare, or the ability to deliver	1369
services;	1370

(b) Arising out of an interruption of contracts essential to	1371
the provision of daily air services and other services related to	1372
the airport;	1373

(c) Involving actual physical damage to structures, supplies,	1374
equipment, or property requiring immediate repair or replacement.	1375

(2) The purchase consists of goods or services, or any	1376
combination thereof, and after reasonable inquiry the board or any	1377
officer or designee of the board finds that only one source of	1378
supply is reasonably available.	1379

(3) The expenditure is for a renewal or renegotiation of a	1380
lease or license for telecommunications or informational	1381
technology equipment, services, or systems, or for the upgrade of	1382
such equipment, services, or systems, or for the maintenance	1383
thereof as supplied by the original source or its successors or	1384
assigns.	1385

(4) The purchase of goods or services is made from another	1386
political subdivision, public agency, public transit system,	1387
regional transit authority, the state, or the federal government,	1388
or as a third-party beneficiary under a state or federal	1389
procurement contract, or as a participant in a department of	1390
administrative services contract under division (B) of section	1391
125.04 of the Revised Code or under an approved purchasing plan of	1392
this state.	1393

(5) The purchase substantially involves services of a	1394
personal, professional, highly technical, or scientific nature,	1395
including the services of an attorney, physician, engineer,	1396
architect, surveyor, appraiser, investigator, adjuster,	1397
advertising consultant, or licensed broker, or involves the	1398
special skills or proprietary knowledge required for the operation	1399
of the airport owned by the regional transit authority.	1400

(6) Services or supplies are available from a qualified	1401
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	1402
Revised Code.	1403

(7) The purchase consists of the product or services of a	1404
public utility.	1405

Sec. 319.09. The county auditor, if authorized by a	1406
resolution of the board of county commissioners, may serve as the	1407
fiscal officer of any department, office, or agency of the county,	1408
except that the county auditor may not serve as the fiscal officer	1409
for the office of any county elected officer or any agency	1410
governed by an appointed board or commission without the written	1411
agreement of that elected officer or agency.	1412

Sec. 319.59. (A)(1) Each county sealer of weights and	1413
measures shall appoint, by writing under histhe county sealer's	1414
hand and seal, one or more inspectors, who shall compare weights	1415
and measures whereeverwherever they are used or maintained for	1416
use within histhe county sealer's county, or which are brought to	1417
the office of the county sealer for that purpose, with the copies	1418
of the standards in the possession of the county sealer. Such	1419
inspectorsA county sealer may share the services of an inspector	1420
or inspectors appointed under this division with another county	1421
sealer, provided that the inspector remains a part-time employee	1422
of each county by whom the inspector is employed. If the inspector	1423
becomes a full-time employee of one county, the inspector's	1424
employment with the other county shall be terminated.	1425

(2) In lieu of appointing or sharing inspectors under	1426
division (A)(1) of this section, the county sealer may enter into	1427
a contract with a private person to employ the person to perform	1428
the same services that an inspector appointed under this section	1429
would perform. Each person employed under this division shall meet	1430
the training and continuing education requirements established for	1431
weights and measures inspector personnel by the director of	1432
agriculture under Chapter 1327. of the Revised Code and under	1433
rules promulgated thereunder.	1434

(B) Inspectors appointed under division (A)(1) of this	1435
section shall receive a salary fixed by the county sealer and	1436
private persons employed under division (A)(2) of this section	1437
shall receive the compensation specified in the contract, to be	1438
paid by the county, which shall be instead of all fees or charges	1439
otherwise allowed by law. Such inspectors and private persons	1440
shall also be employed by the county sealer to assist in the	1441
prosecution of all violations of law relating to weights and	1442
measures.	1443

Sec. 329.40.  (A)(1) The boards of county commissioners of	1444
the counties of Hocking, Ross, and Vinton, by entering into a	1445
written agreement, may form a joint county department of job and	1446
family services to perform the duties, provide the services, and	1447
operate the programs required under this chapter. The formation of	1448
this joint county department of job and family services is a pilot	1449
project. The agreement shall be ratified by resolution of the	1450
board of county commissioners of each county that entered into the	1451
agreement. Each board of county commissioners that enters into the	1452
agreement shall give notice of the agreement to the Ohio	1453
department of job and family services at least ninety days before	1454
the agreement's effective date. The agreement shall take effect	1455
not earlier than the first day of the calendar quarter following	1456
the ninety-day notice period. The director of job and family	1457
services shall adopt, as an internal management rule under section	1458
111.15 of the Revised Code, the form in which the notice shall be	1459
given.	1460

(2) The boards of county commissioners of the counties	1461
forming the joint county department shall constitute,	1462
collectively, the board of directors of the joint county	1463
department of job and family services. On the effective date of	1464
the agreement, the board of directors shall take control of and	1465
manage the joint county department subject to this chapter and all	1466
other sections of the Revised Code that govern the authority and	1467
responsibilities of a single board of county commissioners in the	1468
operation of a single county department of job and family	1469
services.	1470

(B)(1) The agreement to establish the joint county department	1471
shall specify all of the following:	1472

(a) The obligations of each board of county commissioners in	1473
operating the joint county department, including requiring each	1474
board to provide state, federal, and county funds to the operation	1475
of the joint county department and the schedule for provision of	1476
those funds;	1477

(b) How and which facilities, equipment, and personnel will	1478
be shared;	1479

(c) Procedures for the division of resources and obligations	1480
should a county or counties withdraw from the joint county	1481
department, or should the department cease to exist;	1482

(d) Any contributions of participating counties establishing	1483
the joint county department and the rights of those counties in	1484
lands or personal property, or rights or interests therein,	1485
contributed to or otherwise acquired by the joint county	1486
department.	1487

(2) The agreement to establish the joint county department	1488
may set forth any or all of the following:	1489

(a) Quality, timeliness, and other standards to be met by	1490
each county;	1491

(b) Which family service programs and functions are to be	1492
included in the joint county department;	1493

(c) Procedures for the operation of the board of directors,	1494
including procedures governing the frequency of meetings and the	1495
number of members of the board required to constitute a quorum to	1496
take action;	1497

(d) Any other procedures or standards necessary for the joint	1498
county department to perform its duties and operate efficiently.	1499

(C) The agreement may be amended by a majority vote of the	1500
board of directors of the joint county department, but no	1501
amendment shall divest a participating county of any right or	1502
interest in lands or personal property without its consent.	1503

(D) Costs incurred in operating the joint county department	1504
shall be paid from a joint general fund created by the board of	1505
directors, except as may be otherwise provided in the agreement.	1506

(E) A joint county department established under this section	1507
is a public office as defined in section 117.01 of the Revised	1508
Code.	1509

Sec. 505.012. A member of a board of township trustees may be	1510
elected or appointed to serve on the governing body of any	1511
district that is organized or created by the board of township	1512
trustees, including a district organized or created under section	1513
505.28, 505.37, 505.371, 505.375, 505.482, 505.71, 511.18, or	1514
6119.02 of the Revised Code.	1515

Sec. 505.60. The following applies until the department of	1516
administrative services implements for townships the health care	1517
plans under section 9.901 of the Revised Code. If those plans do	1518
not include or address any benefits listed in division (A) of this	1519
section, the following provisions continue in effect for those	1520
benefits.	1521

(A) As provided in this section and section 505.601 of the	1522
Revised Code, the board of township trustees of any township may	1523
procure and pay all or any part of the cost of insurance policies	1524
that may provide benefits for hospitalization, surgical care,	1525
major medical care, disability, dental care, eye care, medical	1526
care, hearing aids, prescription drugs, or sickness and accident	1527
insurance, or a combination of any of the foregoing types of	1528
insurance for township officers and employees. The board of	1529
township trustees of any township may negotiate and contract for	1530
the purchase of a policy of long-term care insurance for township	1531
officers and employees pursuant to section 124.841 of the Revised	1532
Code.	1533

If the board procures any insurance policies under this	1534
section, the board shall provide uniform coverage under these	1535
policies for township officers and full-time township employees	1536
and their immediate dependents, and may provide coverage under	1537
these policies for part-time township employees and their	1538
immediate dependents, from the funds or budgets from which the	1539
officers or employees are compensated for services, such policies	1540
to be issued by an insurance company duly authorized to do	1541
business in this state.	1542

(B) The board may also provide coverage for any or all of the	1543
benefits described in division (A) of this section by entering	1544
into a contract for group health care services with health	1545
insuring corporations holding certificates of authority under	1546
Chapter 1751. of the Revised Code for township officers and	1547
employees and their immediate dependents. If the board so	1548
contracts, it shall provide uniform coverage under any such	1549
contracts for township officers and full-time township employees	1550
and their immediate dependents, from the funds or budgets from	1551
which the officers or employees are compensated for services, and	1552
may provide coverage under such contracts for part-time township	1553
employees and their immediate dependents, from the funds or	1554
budgets from which the officers or employees are compensated for	1555
services, provided that each officer and employee so covered is	1556
permitted to:	1557

(1) Choose between a plan offered by an insurance company and	1558
a plan offered by a health insuring corporation, and provided	1559
further that the officer or employee pays any amount by which the	1560
cost of the plan chosen exceeds the cost of the plan offered by	1561
the board under this section;	1562

(2) Change the choice made under this division at a time each	1563
year as determined in advance by the board.	1564

An addition of a class or change of definition of coverage to	1565
the plan offered under this division by the board may be made at	1566
any time that it is determined by the board to be in the best	1567
interest of the township. If the total cost to the township of the	1568
revised plan for any trustee's coverage does not exceed that cost	1569
under the plan in effect during the prior policy year, the	1570
revision of the plan does not cause an increase in that trustee's	1571
compensation.	1572

(C) Any township officer or employee may refuse to accept any	1573
coverage authorized by this section without affecting the	1574
availability of such coverage to other township officers and	1575
employees.	1576

(D) If any township officer or employee is denied coverage	1577
under a health care plan procured under this section or if any	1578
township officer or employee elects not to participate in the	1579
township's health care plan, the township may reimburse the	1580
officer or employee for each out-of-pocket premium attributable to	1581
the coverage provided for the officer or employee for insurance	1582
benefits described in division (A) of this section that the	1583
officer or employee otherwise obtains, but not to exceed an amount	1584
equal to the average premium paid by the township for its officers	1585
and employees under any health care plan it procures under this	1586
section.	1587

(E) The board may provide the benefits authorized under this	1588
section, without competitive bidding, by contributing to a health	1589
and welfare trust fund administered through or in conjunction with	1590
a collective bargaining representative of the township employees.	1591

The board may also provide the benefits described in this	1592
section through an individual self-insurance program or a joint	1593
self-insurance program as provided in section 9.833 of the Revised	1594
Code.	1595

(F) If a board of township trustees fails to pay one or more	1596
premiums for a policy, contract, or plan of insurance or health	1597
care services authorized under this section and the failure causes	1598
a lapse, cancellation, or other termination of coverage under the	1599
policy, contract, or plan, it may reimburse a township officer or	1600
employee for, or pay on behalf of the officer or employee, any	1601
expenses incurred that would have been covered under the policy,	1602
contract, or plan.	1603

(G) As used in this section and section 505.601 of the	1604
Revised Code:	1605

(1) "Part-time township employee" means a township employee	1606
who is hired with the expectation that the employee will work not	1607
more than one thousand five hundred hours in any year.	1608

(2) "Premium" does not include any deductible or health care	1609
costs paid directly by a township officer or employee.	1610

Sec. 505.601. The following applies until the department of	1611
administrative services implements for townships the health care	1612
plans under section 9.901 of the Revised Code.	1613

If a board of township trustees does not procure an insurance	1614
policy or group health care services as provided in section 505.60	1615
of the Revised Code, the board of township trustees may reimburse	1616
any township officer or employee for each out-of-pocket premium	1617
attributable to the coverage provided for that officer or employee	1618
for insurance benefits described in division (A) of section 505.60	1619
of the Revised Code that the officer or employee otherwise	1620
obtains, if all of the following conditions are met:	1621

(A) The board of township trustees adopts a resolution that	1622
states that the township has chosen not to procure a health care	1623
plan under section 505.60 of the Revised Code and has chosen	1624
instead to reimburse its officers and employees for each	1625
out-of-pocket premium attributable to the coverage provided for	1626
them for insurance benefits described in division (A) of section	1627
505.60 of the Revised Code that they otherwise obtain.	1628

(B) That resolution provides for a uniform maximum monthly or	1629
yearly payment amount for each officer or employee to cover	1630
themselves and their immediate dependents, beyond which the	1631
township will not reimburse the officer or employee.	1632

(C) That resolution states the specific benefits listed in	1633
division (A) of section 505.60 of the Revised Code for which the	1634
township will reimburse all officers and employees of the	1635
township. The township may not reimburse officers and employees	1636
for benefits other than those listed in division (A) of section	1637
505.60 of the Revised Code.	1638

Sec. 505.603. The following applies until the department of	1639
administrative services implements for townships the health care	1640
plans under section 9.901 of the Revised Code. If those plans do	1641
not include or address any benefits incorporated in this section,	1642
the following provisions continue in effect for those benefits.	1643

(A) In addition to or in lieu of providing benefits to	1644
township officers and employees under section 505.60, 505.601, or	1645
505.602 of the Revised Code, a board of township trustees may	1646
offer benefits to officers and employees through a cafeteria plan	1647
that meets the requirements of section 125 of the "Internal	1648
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 125, as	1649
amended, after first adopting a policy authorizing an officer or	1650
employee to receive a cash payment in lieu of a benefit otherwise	1651
offered to township officers or employees under any of those	1652
sections, but only if the cash payment does not exceed twenty-five	1653
per cent of the cost of premiums or payments that otherwise would	1654
be paid by the board for benefits for the officer or employee	1655
under an offered policy, contract, or plan. No cash payment in	1656
lieu of a benefit shall be made pursuant to this section unless	1657
the officer or employee signs a statement affirming that the	1658
officer or employee is covered under another health insurance or	1659
health care policy, contract, or plan in the case of a health	1660
benefit, or a life insurance policy in the case of a life	1661
insurance benefit, and setting forth the name of the employer, if	1662
any, that sponsors the coverage, the name of the carrier that	1663
provides the coverage, and an identifying number of the applicable	1664
policy, contract, or plan.	1665

(B) In addition to providing the benefits to township	1666
officers and employees under section 505.60, 505.601, or 505.602	1667
of the Revised Code, a board of township trustees may offer a	1668
health and wellness benefit program through which the township	1669
provides a benefit or incentive to township officers, employees,	1670
and their immediate dependents to maintain a healthy lifestyle,	1671
including, but not limited to, programs to encourage healthy	1672
eating and nutrition, exercise and physical activity, weight	1673
control or the elimination of obesity, and cessation of smoking or	1674
alcohol use.	1675

(C) The township fiscal officer may deduct from a township	1676
employee's salary or wages the amount authorized to be paid by the	1677
employee for one or more qualified benefits available under	1678
section 125 of the "Internal Revenue Code of 1986," 26 U.S.C. 125,	1679
and under the sections listed in division (B) of this section, if	1680
the employee authorizes in writing that the township fiscal	1681
officer may deduct that amount from the employee's salary or	1682
wages, and the benefit is offered to the employee on a group basis	1683
and at least ten per cent of the township employees voluntarily	1684
elect to participate in the receipt of that benefit. The township	1685
fiscal officer may issue warrants for amounts deducted under this	1686
division to pay program administrators or other insurers for	1687
benefits authorized under this section or those sections listed in	1688
division (B) of this section.	1689

Sec. 511.23.  (A) When the vote under section 511.22 of the	1690
Revised Code is in favor of establishing one or more public parks,	1691
the board of park commissioners shall constitute a board, to be	1692
called the board of park commissioners of that township park	1693
district, and they shall be a body politic and corporate. Their	1694
office is not a township office within the meaning of section	1695
703.22 of the Revised Code but is an office of the township park	1696
district. The members of the board shall serve without	1697
compensation but shall be allowed their actual and necessary	1698
expenses incurred in the performance of their duties.	1699

(B) The board may locate, establish, improve, maintain, and	1700
operate a public park or parks in accordance with division (B) of	1701
section 511.18 of the Revised Code, with or without recreational	1702
facilities. Any township park district that contains only	1703
unincorporated territory and that operated a public park or parks	1704
outside the township immediately prior to July 18, 1990, may	1705
continue to improve, maintain, and operate these parks outside the	1706
township, but further acquisitions of land shall not affect the	1707
boundaries of the park district itself or the appointing authority	1708
for the board of park commissioners.	1709

The board may lease, accept a conveyance of, or purchase	1710
suitable lands for cash, by purchase by installment payments with	1711
or without a mortgage, by lease or lease-purchase agreements, or	1712
by lease with option to purchase, may acquire suitable lands	1713
through an exchange under section 511.241 of the Revised Code, or	1714
may appropriate suitable lands and materials for park district	1715
purposes. The board also may lease facilities from other political	1716
subdivisions or private sources. The board shall have careful	1717
surveys and plats made of the lands acquired for park district	1718
purposes and shall establish permanent monuments on the boundaries	1719
of the lands. Those plats, when executed according to sections	1720
711.01 to 711.38 of the Revised Code, shall be recorded in the	1721
office of the county recorder, and those records shall be	1722
admissible in evidence for the purpose of locating and	1723
ascertaining the true boundaries of the park or parks.	1724

(C) In furtherance of the use and enjoyment of the lands	1725
controlled by it, the board may accept donations of money or other	1726
property or act as trustees of land, money, or other property, and	1727
may use and administer the land, money, or other property as	1728
stipulated by the donor or as provided in the trust agreement.	1729

The board may receive and expend grants for park purposes	1730
from agencies and instrumentalities of the United States and this	1731
state and may enter into contracts or agreements with those	1732
agencies and instrumentalities to carry out the purposes for which	1733
the grants were furnished.	1734

(D) In exercising any powers conferred upon the board under	1735
divisions (B) and (C) of this section and for other types of	1736
assistance that the board finds necessary in carrying out its	1737
duties, the board may hire and contract for professional,	1738
technical, consulting, and other special services and may purchase	1739
goods and award contracts. The procuring of goods and awarding of	1740
contracts with a cost in excess of fifty thousand dollars shall be	1741
done in accordance with the procedures established for the board	1742
of county commissioners by sections 307.86 to 307.91 of the	1743
Revised Code.	1744

(E) The board may appoint an executive for the park or parks	1745
and may designate the executive or another person as the clerk of	1746
the board. It may appoint all other necessary officers and	1747
employees, fix their compensation, and prescribe their duties, or	1748
it may require the executive to appoint all other necessary	1749
officers and employees, and to fix their compensation and	1750
prescribe their duties, in accordance with guidelines and policies	1751
adopted by the board.	1752

(F) The board may adopt bylaws and rules that it considers	1753
advisable for the following purposes:	1754

(1) To prohibit selling, giving away, or using any	1755
intoxicating liquors in the park or parks;	1756

(2) For the government and control of the park or parks and	1757
the operation of motor vehicles in the park or parks;	1758

(3) To provide for the protection and preservation of all	1759
property and natural life within its jurisdiction.	1760

Before the bylaws and rules take effect, the board shall	1761
provide for a notice of their adoption to be published once a week	1762
for two consecutive weeks or as provided in section 7.16 of the	1763
Revised Code, in a newspaper of general circulation in the county	1764
within which the park district is located.	1765

No person shall violate any of the bylaws or rules. Fines	1766
levied and collected for violations shall be paid into the	1767
treasury of the township park district. The board may use moneys	1768
collected from those fines for any purpose that is not	1769
inconsistent with sections 511.18 to 511.37 of the Revised Code.	1770

(G) The board may do either of the following:

1771

(1) Establish and charge fees for the use of any facilities	1772
and services of the park or parks regardless of whether the park	1773
or parks were acquired before, on, or after September 21, 2000;	1774

(2) Enter into a lease agreement with an individual or	1775
organization that provides for the exclusive use of a specified	1776
portion of the park or parks within the township park district by	1777
that individual or organization for the duration of an event	1778
produced by the individual or organization. The board, for the	1779
specific portion of the park or parks covered by the lease	1780
agreement, may charge a fee to, or permit the individual or	1781
organization to charge a fee to, participants in and spectators at	1782
the event covered by the agreement.	1783

(H) If the board finds that real or personal property owned	1784
by the township park district is not currently needed for park	1785
purposes, the board may lease that property to other persons or	1786
organizations during any period of time the board determines the	1787
property will not be needed. If the board finds that competitive	1788
bidding on a lease is not feasible, it may lease the property	1789
without taking bids.	1790

(I) The board may exchange property owned by the township	1791
park district for property owned by the state, another political	1792
subdivision, or the federal government on terms that it considers	1793
desirable, without the necessity of competitive bidding.	1794

(J) Any rights or duties established under this section may	1795
be modified, shared, or assigned by an agreement pursuant to	1796
section 755.16 of the Revised Code.	1797

Sec. 703.21.  The surrender of corporate powers by a village	1798
under section 703.20 or 703.201 of the Revised Code does not	1799
affect vested rights or accrued liabilities of the village, or the	1800
power to settle claims, dispose of property, or levy and collect	1801
taxes to pay existing obligations. But, after the presentation of	1802
the petition mentioned in section 703.20 of the Revised Code or	1803
receipt of the audit report and notice mentioned in section	1804
703.201 of the Revised Code, the legislative authority of the	1805
village shall not create any new liability until the result of the	1806
election under section 703.20 of the Revised Code is declared or	1807
the decision of the court of common pleas under division (C) of	1808
section 703.201 of the Revised Code is declared, or thereafter, if	1809
the result, in either case, is for the surrender of the village's	1810
corporate powers. If the auditor of state notifies the village	1811
that the attorney general may file a legal action under section	1812
703.201 of the Revised Code, but the attorney general does not	1813
file such an action, the village shall not create any new	1814
liability for thirty days after receipt of the auditor of state's	1815
notice.	1816

Due and unpaid taxes may be collected after the surrender of	1817
corporate powers, and all moneys or property remaining after the	1818
surrender belongs to the township or townships located wholly or	1819
partly within the village. If more than one township is to receive	1820
the remaining money or property, the money and property shall be	1821
divided among the townships in proportion to the amount of	1822
territory that each township has within the village boundaries as	1823
compared to the total territory within the village.	1824

After the surrender of corporate powers, all resolutions of	1825
the township or townships into which the village's territory was	1826
dissolved shall apply throughout the township's newly included	1827
territory.	1828

Sec. 731.141.  In those villages that have established the	1829
position of village administrator, as provided by section 735.271	1830
of the Revised Code, the village administrator shall make	1831
contracts, purchase supplies and materials, and provide labor for	1832
any work under the administrator's supervision involving not more	1833
than twenty-fivefifty thousand dollars. When an expenditure,	1834
other than the compensation of persons employed by the village,	1835
exceeds twenty-fivefifty thousand dollars, the expenditure shall	1836
first be authorized and directed by ordinance of the legislative	1837
authority of the village. When so authorized and directed, except	1838
where the contract is for equipment, services, materials, or	1839
supplies to be purchased under division (D) of section 713.23 or	1840
section 125.04 or 5513.01 of the Revised Code, available from a	1841
qualified nonprofit agency pursuant to sections 4115.31 to 4115.35	1842
of the Revised Code, or required to be purchased from a qualified	1843
nonprofit agency under sections 125.60 to 125.6012 of the Revised	1844
Code, the village administrator shall make a written contract with	1845
the lowest and best bidder after advertisement for not less than	1846
two nor more than four consecutive weeks in a newspaper of general	1847
circulation within the village or as provided in section 7.16 of	1848
the Revised Code. The bids shall be opened and shall be publicly	1849
read by the village administrator or a person designated by the	1850
village administrator at the time, date, and place as specified in	1851
the advertisement to bidders or specifications. The time, date,	1852
and place of bid openings may be extended to a later date by the	1853
village administrator, provided that written or oral notice of the	1854
change shall be given to all persons who have received or	1855
requested specifications no later than ninety-six hours prior to	1856
the original time and date fixed for the opening. All contracts	1857
shall be executed in the name of the village and signed on its	1858
behalf by the village administrator and the clerk.	1859

The legislative authority of a village may provide, by	1860
ordinance, for central purchasing for all offices, departments,	1861
divisions, boards, and commissions of the village, under the	1862
direction of the village administrator, who shall make contracts,	1863
purchase supplies or materials, and provide labor for any work of	1864
the village in the manner provided by this section.	1865

Sec. 735.05.  The director of public service may make any	1866
contract, purchase supplies or material, or provide labor for any	1867
work under the supervision of the department of public service	1868
involving not more than twenty-fivefifty thousand dollars. When	1869
an expenditure within the department, other than the compensation	1870
of persons employed in the department, exceeds twenty-fivefifty	1871
thousand dollars, the expenditure shall first be authorized and	1872
directed by ordinance of the city legislative authority. When so	1873
authorized and directed, except where the contract is for	1874
equipment, services, materials, or supplies to be purchased under	1875
division (D) of section 713.23 or section 125.04 or 5513.01 of the	1876
Revised Code or available from a qualified nonprofit agency	1877
pursuant to sections 4115.31 to 4115.35 of the Revised Code, the	1878
director shall make a written contract with the lowest and best	1879
bidder after advertisement for not less than two nor more than	1880
four consecutive weeks in a newspaper of general circulation	1881
within the city or as provided in section 7.16 of the Revised	1882
Code.	1883

Sec. 737.03.  The director of public safety shall manage and	1884
make all contracts with reference to police stations, fire houses,	1885
reform schools, infirmaries, hospitals other than municipal	1886
hospitals operated pursuant to Chapter 749. of the Revised Code,	1887
workhouses, farms, pesthouses, and all other charitable and	1888
reformatory institutions. In the control and supervision of those	1889
institutions, the director shall be governed by the provisions of	1890
Title VII of the Revised Code relating to those institutions.	1891

The director may make all contracts and expenditures of money	1892
for acquiring lands for the erection or repairing of station	1893
houses, police stations, fire department buildings, fire cisterns,	1894
and plugs, that are required, for the purchase of engines,	1895
apparatus, and all other supplies necessary for the police and	1896
fire departments, and for other undertakings and departments under	1897
the director's supervision, but no obligation involving an	1898
expenditure of more than twenty-fivefifty thousand dollars shall	1899
be created unless first authorized and directed by ordinance. In	1900
making, altering, or modifying those contracts, the director shall	1901
be governed by sections 735.05 to 735.09 of the Revised Code,	1902
except that all bids shall be filed with and opened by the	1903
director. The director shall make no sale or disposition of any	1904
property belonging to the city without first being authorized by	1905
resolution or ordinance of the city legislative authority.	1906

Sec. 749.26.  The board of hospital trustees, before entering	1907
into any contract for the erection of a hospital building, or for	1908
the rebuilding or repair of a hospital building, the cost of which	1909
exceeds tenfifty thousand dollars, shall have plans,	1910
specifications, detailed drawings, and forms of bids prepared, and	1911
when adopted by the board it shall have them printed for	1912
distribution among the bidders.	1913

Sec. 749.28.  The board of hospital trustees shall not enter	1914
into a contract for work or supplies where the estimated cost	1915
exceeds tenfifty thousand dollars, without first giving thirty	1916
days' notice in one newspaper of general circulation in the	1917
municipal corporation that sealed proposals will be received for	1918
doing the work or furnishing the materials and supplies.	1919

Sec. 749.31.  Except where the contract is for equipment,	1920
services, materials, or supplies available from a qualified	1921
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	1922
Revised Code, the board of hospital trustees shall enter into a	1923
contract for work or supplies where the estimated cost exceeds ten	1924
fifty thousand dollars with the lowest and best bidder. Where the	1925
contract is for other than the construction, demolition,	1926
alteration, repair, or reconstruction of an improvement, the board	1927
shall enter into the contract when the bidder gives bond to the	1928
board, with such security as the board approves, that hethe	1929
bidder will perform the work and furnish materials or supplies in	1930
accordance with the contract. On the failure of such bidder within	1931
a reasonable time, to be fixed by the board, to enter into bond	1932
with such security, a contract may be made with the next lowest	1933
and best bidder, and so on until a contract is effected by a	1934
contractor giving such bond. The board may reject any bid.	1935

Sec. 753.15.  (A) Except as provided in division (B) of this	1936
section, in a city, a workhouse erected for the joint use of the	1937
city and the county in which such city is located shall be managed	1938
and controlled by a joint board composed of the board of county	1939
commissioners and the board of control of the city, and in a	1940
village by the board of county commissioners and the board of	1941
trustees of public affairs. Such joint board shall have all the	1942
powers and duties in the management, control, and maintenance of	1943
such workhouse as are conferred upon the director of public safety	1944
in cities, and in addition thereto it may construct sewers for	1945
such workhouse and pay therefor from funds raised by taxation for	1946
the maintenance of such institution.	1947

The joint board may lease or purchase suitable property and	1948
buildings for a workhouse, or real estate for the purpose of	1949
erecting and maintaining a workhouse thereon, but it shall not	1950
expend more than tenfifty thousand dollars for any such purpose	1951
unless such amount is approved by a majority of the voters of the	1952
county, exclusive of the municipal corporation, voting at a	1953
general election.	1954

(B) In lieu of forming a joint board to manage and control a	1955
workhouse erected for the joint use of the city and the county in	1956
which the city is located, the board of county commissioners and	1957
the legislative authority of the city may enter into a contract	1958
for the private operation and management of the workhouse as	1959
provided in section 9.06 of the Revised Code, but only if the	1960
workhouse is used solely for misdemeanant inmates. In order to	1961
enter into a contract under section 9.06 of the Revised Code, both	1962
the board and the legislative authority shall approve and be	1963
parties to the contract.	1964

Sec. 755.29.  The board of park trustees, before entering	1965
into any contract for the performance of any work, the cost of	1966
which exceeds twenty-fivefifty thousand dollars, shall cause	1967
plans and specifications and forms of bids to be prepared, and	1968
when adopted by the board, shall have them printed for	1969
distribution among bidders.	1970

Sec. 755.30.  The board of park trustees shall not enter into	1971
any contract for work or supplies, where the estimated cost	1972
thereof exceeds tenfifty thousand dollars, without first giving	1973
thirty days' notice in one newspaper of general circulation in the	1974
municipal corporation that sealed proposals may be received for	1975
doing the work or furnishing such materials and supplies.	1976

Sec. 1545.07.  The commissioners appointed in accordance with	1977
section 1545.05 or pursuant to section 1545.041 of the Revised	1978
Code shall constitute the board of park commissioners of the park	1979
district. Such board shall be a body politic and corporate, and	1980
may sue and be sued as provided in sections 1545.01 to 1545.28 of	1981
the Revised Code. Such board may employ a secretary and such other	1982
employees as are necessary in the performance of the powers	1983
conferred in such sections. The board may appoint a treasurer to	1984
act as custodian of the board's funds and as fiscal officer for	1985
the park district. For the purposes of acquiring, planning,	1986
developing, protecting, maintaining, or improving lands and	1987
facilities thereon under section 1545.11 of the Revised Code, and	1988
for other types of assistance which it finds necessary in carrying	1989
out its duties under Chapter 1545. of the Revised Code, the board	1990
may hire and contract for professional, technical, consulting, and	1991
other special services, including, in accordance with division (D)	1992
of section 309.09 of the Revised Code, the legal services of the	1993
prosecuting attorney of the county in which the park district is	1994
located, and may purchase goods. In procuring any goods with a	1995
cost in excess of fifty thousand dollars, the board shall contract	1996
as a contracting authority under sections 307.86 to 307.91 of the	1997
Revised Code, to the same extent and with the same limitations as	1998
a board of county commissioners. In procuring services, the board	1999
shall contract in the manner and under procedures established by	2000
the bylaws of the board as required in section 1545.09 of the	2001
Revised Code.	2002

Sec. 2907.27.  (A)(1) If a person is charged with a violation	2003
of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or	2004
2907.25 of the Revised Code or with a violation of a municipal	2005
ordinance that is substantially equivalent to any of those	2006
sections, the arresting authorities or a court, upon the request	2007
of the prosecutor in the case or upon the request of the victim	2008
and not later than forty-eight hours after the date on which the	2009
complaint, information, or indictment is filed against the	2010
accused, shall cause the accused to submit to one or more	2011
appropriate tests to determine if the accused is suffering from a	2012
venereal disease.	2013

(2) If the accused is found to be suffering from a venereal	2014
disease in an infectious stage, the accused shall be required to	2015
submit to medical treatment for that disease. The cost of the	2016
medical treatment shall be charged to and paid by the accused who	2017
undergoes the treatment. If the accused is indigent, the court	2018
shall order the accused to report to a facility operated by a city	2019
health district or a general health district for treatment. If the	2020
accused is convicted of or pleads guilty to the offense with which	2021
the accused is charged and is placed under a community control	2022
sanction, a condition of community control shall be that the	2023
offender submit to and faithfully follow a course of medical	2024
treatment for the venereal disease. If the offender does not seek	2025
the required medical treatment, the court may revoke the	2026
offender's community control and order the offender to undergo	2027
medical treatment during the period of the offender's	2028
incarceration and to pay the cost of that treatment.	2029

(B)(1)(a) If a person is charged with a violation of division	2030
(B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04,	2031
2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised	2032
Code or with a violation of a municipal ordinance that is	2033
substantially equivalent to that division or any of those	2034
sections, the court, upon the request of the prosecutor in the	2035
case, upon the request of the victim, or upon the request of any	2036
other person whom the court reasonably believes had contact with	2037
the accused in circumstances related to the violation that could	2038
have resulted in the transmission to that person the human	2039
immunodeficiency virus, shall cause the accused to submit to one	2040
or more tests designated by the director of health under section	2041
3701.241 of the Revised Code to determine if the accused is	2042
infected with HIV. The court, upon the request of the prosecutor	2043
in the case, upon the request of the victim with the agreement of	2044
the prosecutor, or upon the request of any other person with the	2045
agreement of the prosecutor, may cause an accused who is charged	2046
with a violation of any other section of the Revised Code or with	2047
a violation of any other municipal ordinance to submit to one or	2048
more tests so designated by the director of health if the	2049
circumstances of the violation indicate probable cause to believe	2050
that the accused, if the accused is infected with HIV, might have	2051
transmitted HIV to any of the following persons in committing the	2052
violation:	2053

(i) In relation to a request made by the prosecuting	2054
attorney, to the victim or to any other person;	2055

(ii) In relation to a request made by the victim, to the	2056
victim making the request;	2057

(iii) In relation to a request made by any other person, to	2058
the person making the request.	2059

(b) The results of a test performed under division (B)(1)(a)	2060
of this section shall be communicated in confidence to the court,	2061
and the court shall inform the accused of the result. The court	2062
shall inform the victim that the test was performed and that the	2063
victim has a right to receive the results on request. If the test	2064
was performed upon the request of a person other than the	2065
prosecutor in the case and other than the victim, the court shall	2066
inform the person who made the request that the test was performed	2067
and that the person has a right to receive the results upon	2068
request. Additionally, regardless of who made the request that was	2069
the basis of the test being performed, if the court reasonably	2070
believes that, in circumstances related to the violation, a person	2071
other than the victim had contact with the accused that could have	2072
resulted in the transmission of HIV to that person, the court may	2073
inform that person that the test was performed and that the person	2074
has a right to receive the results of the test on request. If the	2075
accused tests positive for HIV, the test results shall be reported	2076
to the department of health in accordance with section 3701.24 of	2077
the Revised Code and to the sheriff, head of the state	2078
correctional institution, or other person in charge of any jail or	2079
prison in which the accused is incarcerated. If the accused tests	2080
positive for HIV and the accused was charged with, and was	2081
convicted of or pleaded guilty to, a violation of section 2907.24,	2082
2907.241, or 2907.25 of the Revised Code or a violation of a	2083
municipal ordinance that is substantially equivalent to any of	2084
those sections, the test results also shall be reported to the law	2085
enforcement agency that arrested the accused, and the law	2086
enforcement agency may use the test results as the basis for any	2087
future charge of a violation of division (B) of any of those	2088
sections or a violation of a municipal ordinance that is	2089
substantially equivalent to division (B) of any of those sections.	2090
No other disclosure of the test results or the fact that a test	2091
was performed shall be made, other than as evidence in a grand	2092
jury proceeding or as evidence in a judicial proceeding in	2093
accordance with the Rules of Evidence. If the test result is	2094
negative, and the charge has not been dismissed or if the accused	2095
has been convicted of the charge or a different offense arising	2096
out of the same circumstances as the offense charged, the court	2097
shall order that the test be repeated not earlier than three	2098
months nor later than six months after the original test.	2099

(2) If an accused who is free on bond refuses to submit to a	2100
test ordered by the court pursuant to division (B)(1) of this	2101
section, the court may order that the accused's bond be revoked	2102
and that the accused be incarcerated until the test is performed.	2103
If an accused who is incarcerated refuses to submit to a test	2104
ordered by the court pursuant to division (B)(1) of this section,	2105
the court shall order the person in charge of the jail or prison	2106
in which the accused is incarcerated to take any action necessary	2107
to facilitate the performance of the test, including the forcible	2108
restraint of the accused for the purpose of drawing blood to be	2109
used in the test.	2110

(3) A state agency, a political subdivision of the state, or	2111
an employee of a state agency or of a political subdivision of the	2112
state is immune from liability in a civil action to recover	2113
damages for injury, death, or loss to person or property allegedly	2114
caused by any act or omission in connection with the performance	2115
of the duties required under division (B)(2) of this section	2116
unless the acts or omissions are with malicious purpose, in bad	2117
faith, or in a wanton or reckless manner.	2118

(C) As used in this section:

2119

(1) "Community control sanction" has the same meaning as in	2120
section 2929.01 of the Revised Code.	2121

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

2122

Sec. 3316.04.  (A) Within sixty days of the auditor's	2123
declaration under division (A) of section 3316.03 of the Revised	2124
Code, the board of education of the school district shall prepare	2125
and submit to the superintendent of public instruction a financial	2126
plan delineating the steps the board will take to eliminate the	2127
district's current operating deficit and avoid incurring operating	2128
deficits in ensuing years, including the implementation of	2129
spending reductions. The financial plan also shall evaluate the	2130
feasibility of entering into shared services agreements with other	2131
political subdivisions for the joint exercise of any power,	2132
performance of any function, or rendering of any service, if so	2133
authorized by statute. The superintendent of public instruction	2134
shall evaluate the initial financial plan, and either approve or	2135
disapprove it within thirty calendar days from the date of its	2136
submission. If the initial financial plan is disapproved, the	2137
state superintendent shall recommend modifications that will	2138
render the financial plan acceptable. No school district board	2139
shall implement a financial plan submitted to the superintendent	2140
of public instruction under this section unless the superintendent	2141
has approved the plan.	2142

(B) Upon request of the board of education of a school	2143
district declared to be in a state of fiscal watch, the auditor of	2144
state and superintendent of public instruction shall provide	2145
technical assistance to the board in resolving the fiscal problems	2146
that gave rise to the declaration, including assistance in	2147
drafting the board's financial plan.	2148

(C) A financial plan adopted under this section may be	2149
amended at any time with the approval of the superintendent. The	2150
board of education of the school district shall submit an updated	2151
financial plan to the superintendent, for the superintendent's	2152
approval, every year that the district is in a state of fiscal	2153
watch. The updated plan shall be submitted in a form acceptable to	2154
the superintendent. The superintendent shall approve or disapprove	2155
each updated plan no later than the anniversary of the date on	2156
which the first such plan was approved.	2157

(D) A school district that has restructured or refinanced a	2158
loan under section 3316.041 of the Revised Code shall be declared	2159
to be in a state of fiscal emergency if any of the following	2160
occurs:	2161

(1) An operating deficit is certified for the district under	2162
section 3313.483 of the Revised Code for any year prior to the	2163
repayment of the restructured or refinanced loan;	2164

(2) The superintendent determines, in consultation with the	2165
auditor of state, that the school district is not satisfactorily	2166
complying with the terms of the financial plan required by this	2167
section;	2168

(3) The board of education of the school district fails to	2169
submit an updated plan that is acceptable to the superintendent	2170
under division (C) of this section.	2171

Sec. 3316.06.  (A) Within one hundred twenty days after the	2172
first meeting of a school district financial planning and	2173
supervision commission, the commission shall adopt a financial	2174
recovery plan regarding the school district for which the	2175
commission was created. During the formulation of the plan, the	2176
commission shall seek appropriate input from the school district	2177
board and from the community. This plan shall contain the	2178
following:	2179

(1) Actions to be taken to:

2180

(a) Eliminate all fiscal emergency conditions declared to	2181
exist pursuant to division (B) of section 3316.03 of the Revised	2182
Code;	2183

(b) Satisfy any judgments, past-due accounts payable, and all	2184
past-due and payable payroll and fringe benefits;	2185

(c) Eliminate the deficits in all deficit funds, except that	2186
any prior year deficits in the capital and maintenance fund	2187
established pursuant to section 3315.18 of the Revised Code shall	2188
be forgiven;	2189

(d) Restore to special funds any moneys from such funds that	2190
were used for purposes not within the purposes of such funds, or	2191
borrowed from such funds by the purchase of debt obligations of	2192
the school district with the moneys of such funds, or missing from	2193
the special funds and not accounted for, if any;	2194

(e) Balance the budget, avoid future deficits in any funds,	2195
and maintain on a current basis payments of payroll, fringe	2196
benefits, and all accounts;	2197

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

2198

(g) Restore the ability of the school district to market	2199
long-term general obligation bonds under provisions of law	2200
applicable to school districts generally.	2201

(2) The management structure that will enable the school	2202
district to take the actions enumerated in division (A)(1) of this	2203
section. The plan shall specify the level of fiscal and management	2204
control that the commission will exercise within the school	2205
district during the period of fiscal emergency, and shall	2206
enumerate respectively, the powers and duties of the commission	2207
and the powers and duties of the school board during that period.	2208
The commission may elect to assume any of the powers and duties of	2209
the school board it considers necessary, including all powers	2210
related to personnel, curriculum, and legal issues in order to	2211
successfully implement the actions described in division (A)(1) of	2212
this section.	2213

(3) The target dates for the commencement, progress upon, and	2214
completion of the actions enumerated in division (A)(1) of this	2215
section and a reasonable period of time expected to be required to	2216
implement the plan. The commission shall prepare a reasonable time	2217
schedule for progress toward and achievement of the requirements	2218
for the plan, and the plan shall be consistent with that time	2219
schedule.	2220

(4) The amount and purpose of any issue of debt obligations	2221
that will be issued, together with assurances that any such debt	2222
obligations that will be issued will not exceed debt limits	2223
supported by appropriate certifications by the fiscal officer of	2224
the school district and the county auditor. Debt obligations	2225
issued pursuant to section 133.301 of the Revised Code shall	2226
include assurances that such debt shall be in an amount not to	2227
exceed the amount certified under division (B) of such section. If	2228
the commission considers it necessary in order to maintain or	2229
improve educational opportunities of pupils in the school	2230
district, the plan may include a proposal to restructure or	2231
refinance outstanding debt obligations incurred by the board under	2232
section 3313.483 of the Revised Code contingent upon the approval,	2233
during the period of the fiscal emergency, by district voters of a	2234
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	2235
5748.02, 5748.08, or 5748.09 of the Revised Code that is not a	2236
renewal or replacement levy, or a levy under section 5705.199 of	2237
the Revised Code, and that will provide new operating revenue.	2238
Notwithstanding any provision of Chapter 133. or sections 3313.483	2239
to 3313.4811 of the Revised Code, following the required approval	2240
of the district voters and with the approval of the commission,	2241
the school district may issue securities to evidence the	2242
restructuring or refinancing. Those securities may extend the	2243
original period for repayment, not to exceed ten years, and may	2244
alter the frequency and amount of repayments, interest or other	2245
financing charges, and other terms of agreements under which the	2246
debt originally was contracted, at the discretion of the	2247
commission, provided that any loans received pursuant to section	2248
3313.483 of the Revised Code shall be paid from funds the district	2249
would otherwise receive under Chapter 3317. of the Revised Code,	2250
as required under division (E)(3) of section 3313.483 of the	2251
Revised Code. The securities issued for the purpose of	2252
restructuring or refinancing the debt shall be repaid in equal	2253
payments and at equal intervals over the term of the debt and are	2254
not eligible to be included in any subsequent proposal for the	2255
purpose of restructuring or refinancing debt under this section.	2256

(5) An evaluation of the feasibility of entering into shared	2257
services agreements with other political subdivisions for the	2258
joint exercise of any power, performance of any function, or	2259
rendering of any service, if so authorized by statute.	2260

(B) Any financial recovery plan may be amended subsequent to	2261
its adoption. Each financial recovery plan shall be updated	2262
annually.	2263

(C) Each school district financial planning and supervision	2264
commission shall submit the financial recovery plan it adopts or	2265
updates under this section to the state superintendent of public	2266
instruction for approval immediately following its adoption or	2267
updating. The state superintendent shall evaluate the plan and	2268
either approve or disapprove it within thirty calendar days from	2269
the date of its submission. If the plan is disapproved, the state	2270
superintendent shall recommend modifications that will render it	2271
acceptable. No financial planning and supervision commission shall	2272
implement a financial recovery plan that is adopted or updated on	2273
or after April 10, 2001, unless the state superintendent has	2274
approved it.	2275

Sec. 3709.08. (A) A city constitutingboard of health of a	2276
city or general health district or the authority having the duties	2277
of a board of health under section 3709.05 of the Revised Code may	2278
enter into a contract forto provide some or all public health	2279
service with the chief executiveservices for a board of health of	2280
another city constituting a cityor general health district or the	2281
authority having the duties of a board of health under section	2282
3709.05 of the Revised Code, if one of the following, as	2283
applicable, is the case:	2284

(1) If the contract is with a city constituting a city health	2285
district, the chief executive of that city, with the approval of a	2286
the majority of the members of the legislative authority of such	2287
that city or withapproves the contract.	2288

(2) If the contract is with the board of health of a general	2289
health district, the chairmanchairperson of the district advisory	2290
council of the general health district, with the approval of a	2291
majority of the members of the district advisory council, approves	2292
the contract.	2293

(3) If the contract is with an authority having the duties of	2294
a board of health under section 3709.05 of the Revised Code, the	2295
majority of the members of the authority's governing body approves	2296
the contract. Such proposal shall be made by the city seeking	2297
health service and shall be approved by a majority of the members	2298
of the legislative authority of such city. Such a	2299

(B) Each contract entered into under division (A) of this	2300
section shall do all of the following:	2301

(A)(1) State the amount of money or the proportion of	2302
expenses to be paid by the cityboard of health or authority	2303
having the duties of a board of health for such serviceservices	2304
and how it is to be paid;	2305

(B) Provide for(2) Specify the amount and character of	2306
health serviceservices to be given to the city health district	2307
provided;	2308

(C)(3) State the date on which such servicethe provision of	2309
services shall begin;	2310

(D)(4) State the length of time suchthe contract shallwill	2311
be in effect.	2312

No such(C) Except as provided in division (D) of this	2313
section, no contract entered into under division (A) of this	2314
section shall be in effect until the departmentdirector of health	2315
determines that the health department or board of health of the	2316
city or general health district providing such serviceor	2317
authority having the duties of a board of health that is to	2318
provide the services is organized and equipped to provide adequate	2319
health servicethe services. After such contract has been approved	2320
by the department of healtha determination is made, the board of	2321
health or health department of the city or general health district	2322
authority having the duties of a board of health providing such	2323
servicethe services shall have, within the city health district	2324
receiving such servicethe services, all the powers and shall	2325
perform all the duties required of the board of health of a city	2326
health districtor the authority having the duties of a board of	2327
health.	2328

(D) A contract entered into under division (A) of this	2329
section that is for not all but for only one or some public health	2330
services provided by a board of health or the authority having the	2331
duties of a board of health shall be effective immediately. The	2332
effectiveness of such a contract is not dependent on a	2333
determination made by the director of health that is described in	2334
division (C) of this section.	2335

Sec. 3709.28. The(A) If a general health district will	2336
receive any part of its revenue for a fiscal year from an	2337
appropriation apportioned among the townships and municipal	2338
corporations composing the district, the board of health of a	2339
general healththe district shall, annually, on or before the	2340
first Monday of April, adopt an itemized appropriation measure.	2341
Suchunder this section for that fiscal year on or before the	2342
first day of April of the immediately preceding fiscal year. If a	2343
general health district will not receive any part of its revenue	2344
for a fiscal year from an appropriation apportioned among the	2345
townships and municipal corporations composing the district, the	2346
board of health of the district shall adopt an annual	2347
appropriation measure for that fiscal year under this section or	2348
sections 5705.38, 5705.39, and 5705.40 of the Revised Code.	2349

(B) An appropriation measure adopted under this section shall	2350
set forth the amounts for the current expenses of suchthe	2351
district for the ensuing fiscal year beginning on the first day of	2352
January next ensuing. The appropriation measure, together with an	2353
estimate in itemized form, of the several sources of revenue	2354
available to the district, including the amount due from the state	2355
for the next fiscal year as provided in section 3709.32 of the	2356
Revised Code and the amount which the board anticipates will be	2357
collected in fees or from any tax levied for the benefit of the	2358
district under this chapter or Chapter 5705. of the Revised Code	2359
during the next ensuing fiscal year, shall be certified to the	2360
county auditor and by the county auditor submitted to the county	2361
budget commission, which may reduce any item in suchthe	2362
appropriation measure but may not increase any item or the	2363
aggregate of all itemsto be apportioned among the townships and	2364
municipal corporations composing the district in accordance with	2365
division (C) of this section.	2366

(C) The aggregate appropriation, as fixed by the commission,	2367
less the amounts available to the general health district from the	2368
severalall sources of revenue, including the estimated balance	2369
from the previous appropriationcertified for the ensuing fiscal	2370
year, including any amounts in the district health fund that will	2371
be carried forward to the ensuing fiscal year as needed to fund	2372
ongoing operations in the ensuing fiscal year, shall be	2373
apportioned, by the county auditor among the townships and	2374
municipal corporations composing the health district on the basis	2375
of taxable valuations in such townships and municipal	2376
corporations. The auditor, when making the auditor's semiannual	2377
apportionment of funds, shall retain at each semiannual	2378
apportionment one-half of the amount apportioned to each township	2379
and municipal corporation. Such moneys and all other sources of	2380
revenue shall be placed in a separate fund, to be known as the	2381
"district health fund." WhenUnless otherwise required by a	2382
provision of the Revised Code or a rule adopted pursuant thereto,	2383
all other sources of revenue of the district shall be placed in	2384
the district health fund, provided that the revenue is used and	2385
maintained in accordance with the purpose for which the revenue	2386
was received.	2387

(D) When a general health district is composed of townships	2388
and municipal corporations in two or more counties, the county	2389
auditor making the original apportionment shall certify to the	2390
auditor of each county concerned the amount apportioned to each	2391
township and municipal corporation in such county. Each auditor	2392
shall withhold from the semiannual apportionment to each such	2393
township or municipal corporation the amount certified, and shall	2394
pay the amounts withheld to the custodian of the funds of the	2395
health district concerned, to be credited to the district health	2396
fund. In making the apportionment under this paragraph for each	2397
year from 2002 through 2016, the county auditor shall add to the	2398
taxable valuation of each township and municipal corporation the	2399
tax value loss determined for each township and municipal	2400
corporation under divisions (D) and (E) of section 5727.84 of the	2401
Revised Code multiplied by the percentage used for that year in	2402
determining replacement payments under division (A)(1) of section	2403
5727.86 of the Revised Code. The tax commissioner shall certify to	2404
the county auditor the tax value loss for each township and	2405
municipal corporation for which the auditor must make an	2406
apportionment.	2407

(E) Subject to the aggregate amount as has been apportioned	2408
among the townships and municipalities and as may become available	2409
from the several sources of revenue, the board of health may, by	2410
resolution, transfer funds from one item in their appropriation to	2411
another item, reduce or increase any item, create new items, and	2412
make additional appropriations or reduce the total appropriation.	2413
Any such action shall forthwith be certified by the secretary of	2414
the board of health to the auditor for submission to and approval	2415
by the budget commission.	2416

(F) When any general health district has been united with or	2417
has contracted with a city health district located therein, the	2418
chief executive of the city shall, annually, on or before the	2419
first day of June, certify to the county auditor the total amount	2420
due for the ensuing fiscal year from the municipal corporations	2421
and townships in the district as provided in the contract between	2422
such city and the district advisory council of the original	2423
general health district. After approval by the county budget	2424
commission, the county auditor shall thereupon apportion the	2425
amount certified to the townships and municipal corporations, and	2426
shall withhold the sums apportioned as provided in this section.	2427

Sec. 3709.34. (A) The board of county commissioners or the	2428
legislative authority of any city may furnish suitable quarters	2429
for any board of health or health department having jurisdiction	2430
over all or a major part of such county orthat city.	2431

(B)(1) Subject to division (B)(6) of this section, a board of	2432
county commissioners shall provide office space and utilities	2433
through fiscal year 2013 for the board of health having	2434
jurisdiction over the county's general health district.	2435
Thereafter, subject to division (B)(6) of this section, the board	2436
of county commissioners shall make payments as provided in	2437
division (B)(3) of this section for the office space and utilities	2438
until fiscal year 2018. Starting in fiscal year 2018, the board	2439
has no duty to provide the office space or utilities, or to make	2440
payments for the office space or utilities, for the board of	2441
health of the county's general health district.	2442

(2)(a) Not later than the thirtieth day of September 2012,	2443
2013, 2014, and 2015, the board of county commissioners shall make	2444
a written estimate of the total cost for the ensuing fiscal years	2445
2014, 2015, 2016, and 2017, respectively, to provide office space	2446
and utilities to the board of health of the county's general	2447
health district. The estimate of total cost shall include all of	2448
the following:	2449

(i) The total square feet of space to be used by the board of	2450
health;	2451

(ii) The total square feet of any common areas that should be	2452
reasonably allocated to the board of health and the method for	2453
making this allocation;	2454

(iii) The actual cost per square foot for both the space used	2455
by and the common areas allocated to the board of health;	2456

(iv) An explanation of the method used to determine the	2457
actual cost per square foot;	2458

(v) The estimated cost of providing utilities, including an	2459
explanation of how this cost was determined;	2460

(vi) Any other estimated costs the board of county	2461
commissioners anticipates will be incurred to provide office space	2462
and utilities to the board of health, including a detailed	2463
explanation of those costs and the rationale used to determine	2464
them.	2465

(b) The board of county commissioners shall forward a copy of	2466
the estimate of total cost to the director of the board of health	2467
not later than the fifth day of October 2012, 2013, 2014, and	2468
2015. The director shall review the estimate and, not later than	2469
twenty days after its receipt, notify the board of county	2470
commissioners that the director agrees with the estimate, or	2471
objects to it giving specific reasons for the objections.	2472

(c) If the director agrees with the estimate, it shall become	2473
the final estimate of total cost. Failure of the director to make	2474
objections to the estimate by the twentieth day after its receipt	2475
shall be deemed to mean that the director is in agreement with the	2476
estimate.	2477

(d) If the director timely objects to the estimate and	2478
provides specific objections to the board of county commissioners,	2479
the board shall review the objections and may modify the original	2480
estimate and send a revised estimate of total cost to the director	2481
within ten days after receipt of the objections. The director	2482
shall respond to a revised estimate within ten days after its	2483
receipt. If the director agrees with it, the revised estimate	2484
shall become the final estimate of total cost. If the director	2485
fails to respond within the ten-day period, the director shall be	2486
deemed to have agreed with the revised estimate. If the director	2487
disagrees with the revised estimate, the director shall send	2488
specific objections to the board of county commissioners within	2489
the ten-day period.	2490

(e) If the director timely objected to the original estimate	2491
or sends specific objections to a revised estimate within the	2492
required time, or if there is no revised estimate, the probate	2493
judge of the county shall determine the final estimate of total	2494
cost and certify this amount to the director and the board of	2495
county commissioners before the first day of January 2013, 2014,	2496
2015, or 2016, as applicable.	2497

(3)(a) Subject to division (B)(6) of this section, a board of	2498
county commissioners shall be responsible for the following	2499
percentages of the final estimate of total cost established by	2500
division (B)(2) of this section:	2501

(i) Eighty per cent for fiscal year 2014;

2502

(ii) Sixty per cent for fiscal year 2015;

2503

(iii) Forty per cent for fiscal year 2016;

2504

(iv) Twenty per cent for fiscal year 2017.

2505

(b) In fiscal years 2014, 2015, 2016, and 2017, the board of	2506
health of the county's general health district shall be	2507
responsible for the payment of the remainder of any costs incurred	2508
in excess of the amount payable under division (B)(3)(a)(i), (ii),	2509
(iii), or (iv) of this section, as applicable, for the provision	2510
of office space and utilities for the board of health, including	2511
any unanticipated or unexpected increases in costs beyond the	2512
final estimate of total cost.	2513

(c) Beginning in fiscal year 2018, the board of county	2514
commissioners has no obligation to provide office space or	2515
utilities, or to make payments for office space or utilities, for	2516
the board of health.	2517

(4) After fiscal year 2017, the board of county commissioners	2518
and the board of health of the county's general health district	2519
may enter into a contract for the board of county commissioners to	2520
provide office space for the use of the board of health and to	2521
provide utilities for that office space. The term of the contract	2522
shall not exceed four years and may be renewed for additional	2523
periods not to exceed four years.	2524

(5) Notwithstanding divisions (B)(1) to (4) of this section,	2525
in any fiscal year the board of county commissioners, in its	2526
discretion, may provide office space and utilities for the board	2527
of health of the county's general health district free of charge.	2528

(6) If the board of health of a general health district	2529
rents, leases, lease-purchases, or otherwise acquires office space	2530
to facilitate the performance of its functions, or constructs,	2531
enlarges, renovates, or otherwise modifies buildings or other	2532
structures to provide office space to facilitate the performance	2533
of its functions, the board of county commissioners of the county	2534
served by the general health district has no further obligation	2535
under division (B) of this section to provide office space or	2536
utilities, or to make payments for office space or utilities, for	2537
the board of health, unless the board of county commissioners	2538
enters into a contract with the board of health under division	2539
(B)(4) of this section, or exercises its option under division	2540
(B)(5) of this section.	2541

Sec. 3709.36.  The board of health of a city or general	2542
health district hereby created shall exercise all the powers and	2543
perform all the duties formerly conferred and imposed by law upon	2544
the board of health of a municipal corporation, and all such	2545
powers, duties, procedure, and penalties for violation of the	2546
sanitary regulations of a board of health of a municipal	2547
corporation are transferred to the board of health of a city or	2548
general health district by sections 3701.10, 3701.29, 3701.81,	2549
3707.08, 3707.14, 3707.16, 3707.47, and 3709.01 to 3709.36 of the	2550
Revised Code.	2551

The board of health of a city or general health district or	2552
the authority having the duties of a board of health under section	2553
3709.05 of the Revised Code shall, for the purpose of providing	2554
public health services, be a body politic and corporate. As such,	2555
it is capable of suing and being sued, contracting and being	2556
contracted with, acquiring, holding, possessing, and disposing of	2557
real and personal property, and taking and holding in trust for	2558
the use and benefit of such district or authority any grant or	2559
devise of land and any domain or bequest of money or other	2560
personal property.	2561

Sec. 4123.41.  (A) By the first day of January of each year,	2562
the bureau of workers' compensation shall furnish to the county	2563
auditor of each county and the chief fiscal officer of each taxing	2564
district in a county and of each district activity and institution	2565
mentioned in section 4123.39 of the Revised Code forms containing	2566
the premium rates applicable to the county, district, district	2567
activity, or institution as an employer, on which to report the	2568
amount of money expended by the county, district, district	2569
activity, or institution during the previous twelve calendar	2570
months for the services of employees under this chapter.	2571

(B) Each county auditor and each fiscal officer of a	2572
district, district activity, and institution shall calculate on	2573
the form it receives from the bureau under division (A) of this	2574
section the premium due as its proper contribution to the public	2575
insurance fund and issue a warrant in favor of the bureau for the	2576
amount due from the county, district, district activity, or	2577
institution to the public insurance fund according to the	2578
following schedule:	2579

(1) On or before the fifteenth day of May of each year, no	2580
less than forty-five per cent of the amount due;	2581

(2) On or before the first day of September of each year, no	2582
less than the total amount due.	2583

(C) The legislative body of any county, district, district	2584
activity, or institution may reimburse the fund from which the	2585
contribution isworkers' compensation payments are made by	2586
transferring to the fund from any other fund of the county,	2587
district, district activity, or institution, the proportionate	2588
amount of the contributionpayments that should be chargeable to	2589
the fund, whether the fund is derived from taxation or otherwise.	2590
The proportionate amount of the contributionpayments chargeable	2591
to the fund may be based on payroll, relative exposure, relative	2592
loss experience, or any combination of these factors, as	2593
determined by the legislative body. Within	2594

(1) The workers' compensation program payments of any county,	2595
district, district activity, or institution may include all	2596
payments required by any bureau of workers' compensation rating	2597
plan.	2598

(2) The workers' compensation program payments of any county,	2599
district, district activity, or institution, except for a county	2600
board of developmental disabilities, a board of alcohol, drug	2601
addiction, and mental health services, a board of mental health	2602
services, and a board of alcohol and drug addiction services, also	2603
may include any of the following:	2604

(a) Direct administrative costs incurred in the management of	2605
the county, district, district activity, or institution's workers'	2606
compensation program;	2607

(b) Indirect costs that are necessary and reasonable for the	2608
proper and efficient administration of the workers' compensation	2609
program as documented in a cost allocation plan. The indirect cost	2610
plan shall conform to the United States office of management and	2611
budget circular A-87 "cost principles for state and local	2612
governments," 2 C.F.R. 225, as most recently amended on May 10,	2613
2004. The plan shall not authorize payment from the fund of any	2614
general government expense required to carry out the overall	2615
governmental responsibilities.	2616

(3) Within sixty days before a legislative body changes the	2617
method used for calculating the proportionate amount of the	2618
contributionpayments chargeable to the fund, it shall notify,	2619
consult with, and give information supporting the change to any	2620
elected official affected by the change. A transfer made pursuant	2621
to division (B)(2) of this section is not subject to section	2622
5705.16 of the Revised Code.	2623

(C)(D) The bureau may investigate the correctness of the	2624
information provided by the county auditor and chief fiscal	2625
officer under division (B) of this section, and if the bureau	2626
determines at any time that the county, district, district	2627
activity, or institution has not reported the correct information,	2628
the administrator of workers' compensation may make deductions or	2629
additions as the facts warrant and take those facts into	2630
consideration in determining the current or future contributions	2631
to be made by the county, district, district activity, or	2632
institution. If the county, district, district activity, or	2633
institution does not furnish the report in the time required by	2634
this section, the administrator may fix the amount of contribution	2635
the county, district, district activity, or institution must make	2636
and certify that amount for payment.	2637

(D)(E) The administrator shall provide a discount to any	2638
county, district, district activity, or institution that pays its	2639
total amount due to the public insurance fund on or before the	2640
fifteenth day of May of each year as its proper contribution for	2641
premiums. The administrator shall base the discount provided under	2642
this division on the savings generated by the early payment to the	2643
public insurance fund. The administrator may provide the discount	2644
through a refund to the county, district, district activity, or	2645
institution or an offset against the future contributions due to	2646
the public insurance fund from the county, district, district	2647
activity, or institution.	2648

(E)(F) The administrator may impose an interest penalty for	2649
late payment of any amount due from a county, district, district	2650
activity, and institution at the interest rate established by the	2651
state tax commissioner pursuant to section 5703.47 of the Revised	2652
Code.	2653

Sec. 5705.392.  (A) A board of county commissioners may adopt	2654
as a part of its annual appropriation measure a spending plan, or	2655
in the case of an amended appropriation measure, an amended	2656
spending plan, setting forth a quarterly schedule of expenses and	2657
expenditures of all appropriations for the fiscal year from the	2658
county general fund. The spending plan shall be classified to set	2659
forth separately a quarterly schedule of expenses and expenditures	2660
for each office, department, and division, and within each, the	2661
amount appropriated for personal services. Each office,	2662
department, and division shall be limited in its expenses and	2663
expenditures of moneys appropriated from the general fund during	2664
any quarter by the schedule established in the spending plan. The	2665
schedule established in the spending plan shall serve as a	2666
limitation during a quarter on the making of contracts and giving	2667
of orders involving the expenditure of money during that quarter	2668
for purposes of division (D) of section 5705.41 of the Revised	2669
Code.	2670

(B)(1) A board of county commissioners, by resolution, may	2671
adopt a spending plan or an amended spending plan setting forth	2672
separately a quarterly schedule of expenses and expenditures of	2673
appropriations from any county fund, except as provided in	2674
division (C) of this section, for the second half of a fiscal year	2675
and any subsequent fiscal year, for any county office, department,	2676
or division that has spent or encumbered more than six-tenths of	2677
the amount appropriated for personal services and payrolls during	2678
the first half of any fiscal year.	2679

(2) During any fiscal year, a board of county commissioners,	2680
by resolution, may adopt a spending plan or an amended spending	2681
plan setting forth separately a quarterly schedule of expenses and	2682
expenditures of appropriations from any county fund, except as	2683
provided in division (C) of this section, for any county office,	2684
department, or division that, during the previous fiscal year,	2685
spent one hundred ten per cent or more of the total amount	2686
appropriated for personal services and payrolls by the board in	2687
its annual appropriation measure required by section 5705.38 of	2688
the Revised Code. The spending plan or amended spending plan shall	2689
remain in effect for not more than two fiscal years, or until. But	2690
if the countyadministrative officer of the office, department, or	2691
division for which the plan was adopted is no longer in office,	2692
including terms of office to which the county officer is	2693
re-elected, whichever is lateran elected official, the spending	2694
plan shall not be in effect during a fiscal year in which that	2695
elected official is no longer the administrative officer of that	2696
office, department, or division.	2697

(3) At least thirty days before adopting a resolution under	2698
division (B)(1) or (2) of this section, the board of county	2699
commissioners shall provide written notice to each county office,	2700
department, or division for which it intends to adopt a spending	2701
plan or an amended spending plan. The notice shall be sent by	2702
regular first class mail or provided by personal service, and	2703
shall include a copy of the proposed spending plan or proposed	2704
amended spending plan. The county office, department, or division	2705
may meet with the board at any regular session of the board to	2706
comment on the notice, or to express concerns or ask questions	2707
about the proposed spending plan or proposed amended spending	2708
plan.	2709

(C) Division (B) of this section shall not apply to any fund	2710
that is subject to rules adopted by the tax commissioner under	2711
division (O) of section 5703.05 of the Revised Code.	2712

Sec. 5705.41.  No subdivision or taxing unit shall:

2713

(A) Make any appropriation of money except as provided in	2714
Chapter 5705. of the Revised Code; provided, that the	2715
authorization of a bond issue shall be deemed to be an	2716
appropriation of the proceeds of the bond issue for the purpose	2717
for which such bonds were issued, but no expenditure shall be made	2718
from any bond fund until first authorized by the taxing authority;	2719

(B) Make any expenditure of money unless it has been	2720
appropriated as provided in such chapter;	2721

(C) Make any expenditure of money except by a proper warrant	2722
drawn against an appropriate fund;	2723

(D)(1) Except as otherwise provided in division (D)(2) of	2724
this section and section 5705.44 of the Revised Code, make any	2725
contract or give any order involving the expenditure of money	2726
unless there is attached thereto a certificate of the fiscal	2727
officer of the subdivision that the amount required to meet the	2728
obligation or, in the case of a continuing contract to be	2729
performed in whole or in part in an ensuing fiscal year, the	2730
amount required to meet the obligation in the fiscal year in which	2731
the contract is made, has been lawfully appropriated for such	2732
purpose and is in the treasury or in process of collection to the	2733
credit of an appropriate fund free from any previous encumbrances.	2734
This certificate need be signed only by the subdivision's fiscal	2735
officer. Every such contract made without such a certificate shall	2736
be void, and no warrant shall be issued in payment of any amount	2737
due thereon. If no certificate is furnished as required, upon	2738
receipt by the taxing authority of the subdivision or taxing unit	2739
of a certificate of the fiscal officer stating that there was at	2740
the time of the making of such contract or order and at the time	2741
of the execution of such certificate a sufficient sum appropriated	2742
for the purpose of such contract and in the treasury or in process	2743
of collection to the credit of an appropriate fund free from any	2744
previous encumbrances, such taxing authority may authorize the	2745
drawing of a warrant in payment of amounts due upon such contract,	2746
but such resolution or ordinance shall be passed within thirty	2747
days after the taxing authority receives such certificate;	2748
provided that, if the amount involved is less than one hundred	2749
dollars in the case of counties or three thousand dollars in the	2750
case of all other subdivisions or taxing units, the fiscal officer	2751
may authorize it to be paid without such affirmation of the taxing	2752
authority of the subdivision or taxing unit, if such expenditure	2753
is otherwise valid.	2754

(2) Annually, theThe board of county commissioners may adopt	2755
a resolution exempting county purchases of one thousand dollars or	2756
less from the requirement of division (D)(1) of this section that	2757
a certificate be attached to any contract or order involving the	2758
expenditure of money. The resolution shall state the dollar amount	2759
that is exempted from the certificate requirement and whether the	2760
exemption applies to all purchases, to one or more specific	2761
classes of purchases, or to the purchase of one or more specific	2762
items. Prior to the adoption of the resolution, the board shall	2763
give written notice to the county auditor that it intends to adopt	2764
the resolution. The notice shall state the dollar amount that is	2765
proposed to be exempted and whether the exemption would apply to	2766
all purchases, to one or more specific classes of purchases, or to	2767
the purchase of one or more specific items. The county auditor may	2768
review and comment on the proposal, and shall send any comments to	2769
the board within fifteen days after receiving the notice. The	2770
board shall wait at least fifteen days after giving the notice to	2771
the auditor before adopting the resolution. A person authorized to	2772
make a county purchase in a county that has adopted such a	2773
resolution shall prepare and file with the county auditor, within	2774
three business days after incurring an obligation not requiring a	2775
certificate, or within any other period of time the board of	2776
county commissioners specifies in the resolution, a written or	2777
electronically transferred document specifying the purpose and	2778
amount of the expenditure, the date of the purchase, the name of	2779
the vendor, the specific appropriation items from which the	2780
expenditures are to be made, and any additional information as the	2781
auditor of state may prescribe.	2782

(3) Upon certification by the auditor or other chief fiscal	2783
officer that a certain sum of money, not in excess of an amount	2784
established by resolution or ordinance adopted by a majority of	2785
the members of the legislative authority of the subdivision or	2786
taxing unit, has been lawfully appropriated, authorized, or	2787
directed for a certain purpose and is in the treasury or in the	2788
process of collection to the credit of a specific line-item	2789
appropriation account in a certain fund free from previous and	2790
then outstanding obligations or certifications, then for such	2791
purpose and from such line-item appropriation account in such	2792
fund, over a period not extending beyond the end of the fiscal	2793
year, expenditures may be made, orders for payment issued, and	2794
contracts or obligations calling for or requiring the payment of	2795
money made and assumed; provided, that the aggregate sum of money	2796
included in and called for by such expenditures, orders,	2797
contracts, and obligations shall not exceed the sum so certified.	2798
Such a certification need be signed only by the fiscal officer of	2799
the subdivision or the taxing district and may, but need not, be	2800
limited to a specific vendor. An itemized statement of obligations	2801
incurred and expenditures made under such certificate shall be	2802
rendered to the auditor or other chief fiscal officer before	2803
another such certificate may be issued, and not more than one such	2804
certificate shall be outstanding at a time.	2805

In addition to providing the certification for expenditures	2806
as specified in this division, a subdivision also may make	2807
expenditures, issue orders for payment, and make contracts or	2808
obligations calling for or requiring the payment of money made and	2809
assumed for specified permitted purposes from a specific line-item	2810
appropriation account in a specified fund for a sum of money upon	2811
the certification by the fiscal officer of the subdivision that	2812
this sum of money has been lawfully appropriated, authorized, or	2813
directed for a permitted purpose and is in the treasury or in the	2814
process of collection to the credit of the specific line-item	2815
appropriation account in the specified fund free from previous and	2816
then-outstanding obligations or certifications; provided that the	2817
aggregate sum of money included in and called for by the	2818
expenditures, orders, and obligations shall not exceed the	2819
certified sum. The purposes for which a subdivision may lawfully	2820
appropriate, authorize, or issue such a certificate are the	2821
services of an accountant, architect, attorney at law, physician,	2822
professional engineer, construction project manager, consultant,	2823
surveyor, or appraiser by or on behalf of the subdivision or	2824
contracting authority; fuel oil, gasoline, food items, roadway	2825
materials, and utilities; and any purchases exempt from	2826
competitive bidding under section 125.04 of the Revised Code and	2827
any other specific expenditure that is a recurring and reasonably	2828
predictable operating expense. Such a certification shall not	2829
extend beyond the end of the fiscal year or, in the case of a	2830
board of county commissioners that has established a quarterly	2831
spending plan under section 5705.392 of the Revised Code, beyond	2832
the quarter to which the plan applies. Such a certificate shall be	2833
signed by the fiscal officer and may, but need not, be limited to	2834
a specific vendor. An itemized statement of obligations incurred	2835
and expenditures made under such a certificate shall be rendered	2836
to the fiscal officer for each certificate issued. More than one	2837
such certificate may be outstanding at any time.	2838

In any case in which a contract is entered into upon a per	2839
unit basis, the head of the department, board, or commission for	2840
the benefit of which the contract is made shall make an estimate	2841
of the total amount to become due upon such contract, which	2842
estimate shall be certified in writing to the fiscal officer of	2843
the subdivision. Such a contract may be entered into if the	2844
appropriation covers such estimate, or so much thereof as may be	2845
due during the current year. In such a case the certificate of the	2846
fiscal officer based upon the estimate shall be a sufficient	2847
compliance with the law requiring a certificate.	2848

Any certificate of the fiscal officer attached to a contract	2849
shall be binding upon the political subdivision as to the facts	2850
set forth therein. Upon request of any person receiving an order	2851
or entering into a contract with any political subdivision, the	2852
certificate of the fiscal officer shall be attached to such order	2853
or contract. "Contract" as used in this section excludes current	2854
payrolls of regular employees and officers.	2855

(E) Taxes and other revenue in process of collection, or the	2856
proceeds to be derived from authorized bonds, notes, or	2857
certificates of indebtedness sold and in process of delivery,	2858
shall for the purpose of this section be deemed in the treasury or	2859
in process of collection and in the appropriate fund. This section	2860
applies neither to the investment of sinking funds by the trustees	2861
of such funds, nor to investments made under sections 731.56 to	2862
731.59 of the Revised Code.	2863

No district authority shall, in transacting its own affairs,	2864
do any of the things prohibited to a subdivision by this section,	2865
but the appropriation referred to shall become the appropriation	2866
by the district authority, and the fiscal officer referred to	2867
shall mean the fiscal officer of the district authority.	2868

Sec. 5715.19.  (A) As used in this section, "member" has the	2869
same meaning as in section 1705.01 of the Revised Code.	2870

(1) Subject to division (A)(2) of this section, a complaint	2871
against any of the following determinations for the current tax	2872
year shall be filed with the county auditor on or before the	2873
thirty-first day of March of the ensuing tax year or the date of	2874
closing of the collection for the first half of real and public	2875
utility property taxes for the current tax year, whichever is	2876
later:	2877

(a) Any classification made under section 5713.041 of the	2878
Revised Code;	2879

(b) Any determination made under section 5713.32 or 5713.35	2880
of the Revised Code;	2881

(c) Any recoupment charge levied under section 5713.35 of the	2882
Revised Code;	2883

(d) The determination of the total valuation or assessment of	2884
any parcel that appears on the tax list, except parcels assessed	2885
by the tax commissioner pursuant to section 5727.06 of the Revised	2886
Code;	2887

(e) The determination of the total valuation of any parcel	2888
that appears on the agricultural land tax list, except parcels	2889
assessed by the tax commissioner pursuant to section 5727.06 of	2890
the Revised Code;	2891

(f) Any determination made under division (A) of section	2892
319.302 of the Revised Code.	2893

If such a complaint is filed by mail or certified mail, the	2894
date of the United States postmark placed on the envelope or	2895
sender's receipt by the postal service shall be treated as the	2896
date of filing.	2897

Any person owning taxable real property in the county or in a	2898
taxing district with territory in the county; such a person's	2899
spouse; an individual who is retained by such a person and who	2900
holds a designation from a professional assessment organization,	2901
such as the institute for professionals in taxation, the national	2902
council of property taxation, or the international association of	2903
assessing officers; a public accountant who holds a permit under	2904
section 4701.10 of the Revised Code, a general or residential real	2905
estate appraiser licensed or certified under Chapter 4763. of the	2906
Revised Code, or a real estate broker licensed under Chapter 4735.	2907
of the Revised Code, who is retained by such a person; if the	2908
person is a firm, company, association, partnership, limited	2909
liability company, or corporation, an officer, a salaried	2910
employee, a partner, or a member of that person; if the person is	2911
a trust, a trustee of the trust; the board of county	2912
commissioners; the prosecuting attorney or treasurer of the	2913
county; the board of township trustees of any township with	2914
territory within the county; the board of education of any school	2915
district with any territory in the county; or the mayor or	2916
legislative authority of any municipal corporation with any	2917
territory in the county may file such a complaint regarding any	2918
such determination affecting any real property in the county,	2919
except that a person owning taxable real property in another	2920
county may file such a complaint only with regard to any such	2921
determination affecting real property in the county that is	2922
located in the same taxing district as that person's real property	2923
is located. The county auditor shall present to the county board	2924
of revision all complaints filed with the auditor.	2925

(2) As used in division (A)(2) of this section, "interim	2926
period" means, for each county, the tax year to which section	2927
5715.24 of the Revised Code applies and each subsequent tax year	2928
until the tax year in which that section applies again.	2929

No person, board, or officer shall file a complaint against	2930
the valuation or assessment of any parcel that appears on the tax	2931
list if it filed a complaint against the valuation or assessment	2932
of that parcel for any prior tax year in the same interim period,	2933
unless the person, board, or officer alleges that the valuation or	2934
assessment should be changed due to one or more of the following	2935
circumstances that occurred after the tax lien date for the tax	2936
year for which the prior complaint was filed and that the	2937
circumstances were not taken into consideration with respect to	2938
the prior complaint:	2939

(a) The property was sold in an arm's length transaction, as	2940
described in section 5713.03 of the Revised Code;	2941

(b) The property lost value due to some casualty;

2942

(c) Substantial improvement was added to the property;

2943

(d) An increase or decrease of at least fifteen per cent in	2944
the property's occupancy has had a substantial economic impact on	2945
the property.	2946

(3) If a county board of revision, the board of tax appeals,	2947
or any court dismisses a complaint filed under this section or	2948
section 5715.13 of the Revised Code for the reason that the act of	2949
filing the complaint was the unauthorized practice of law or the	2950
person filing the complaint was engaged in the unauthorized	2951
practice of law, the party affected by a decrease in valuation or	2952
the party's agent, or the person owning taxable real property in	2953
the county or in a taxing district with territory in the county,	2954
may refile the complaint, notwithstanding division (A)(2) of this	2955
section.	2956

(B) Within thirty days after the last date such complaints	2957
may be filed, the auditor shall give notice of each complaint in	2958
which the stated amount of overvaluation, undervaluation,	2959
discriminatory valuation, illegal valuation, or incorrect	2960
determination is at least seventeen thousand five hundred dollars	2961
to each property owner whose property is the subject of the	2962
complaint, if the complaint was not filed by the owner or the	2963
owner's spouse, and to each board of education whose school	2964
district may be affected by the complaint. Within thirty days	2965
after receiving such notice, a board of education; a property	2966
owner; the owner's spouse; an individual who is retained by such	2967
an owner and who holds a designation from a professional	2968
assessment organization, such as the institute for professionals	2969
in taxation, the national council of property taxation, or the	2970
international association of assessing officers; a public	2971
accountant who holds a permit under section 4701.10 of the Revised	2972
Code, a general or residential real estate appraiser licensed or	2973
certified under Chapter 4763. of the Revised Code, or a real	2974
estate broker licensed under Chapter 4735. of the Revised Code,	2975
who is retained by such a person; or, if the property owner is a	2976
firm, company, association, partnership, limited liability	2977
company, corporation, or trust, an officer, a salaried employee, a	2978
partner, a member, or trustee of that property owner, may file a	2979
complaint in support of or objecting to the amount of alleged	2980
overvaluation, undervaluation, discriminatory valuation, illegal	2981
valuation, or incorrect determination stated in a previously filed	2982
complaint or objecting to the current valuation. Upon the filing	2983
of a complaint under this division, the board of education or the	2984
property owner shall be made a party to the action.	2985

(C) Each board of revision shall notify any complainant and	2986
also the property owner, if the property owner's address is known,	2987
when a complaint is filed by one other than the property owner, by	2988
certified mail, not less than ten days prior to the hearing, of	2989
the time and place the same will be heard. The board of revision	2990
shall hear and render its decision on a complaint within ninety	2991
days after the filing thereof with the board, except that if a	2992
complaint is filed within thirty days after receiving notice from	2993
the auditor as provided in division (B) of this section, the board	2994
shall hear and render its decision within ninety days after such	2995
filing.	2996

(D) The determination of any such complaint shall relate back	2997
to the date when the lien for taxes or recoupment charges for the	2998
current year attached or the date as of which liability for such	2999
year was determined. Liability for taxes and recoupment charges	3000
for such year and each succeeding year until the complaint is	3001
finally determined and for any penalty and interest for nonpayment	3002
thereof within the time required by law shall be based upon the	3003
determination, valuation, or assessment as finally determined.	3004
Each complaint shall state the amount of overvaluation,	3005
undervaluation, discriminatory valuation, illegal valuation, or	3006
incorrect classification or determination upon which the complaint	3007
is based. The treasurer shall accept any amount tendered as taxes	3008
or recoupment charge upon property concerning which a complaint is	3009
then pending, computed upon the claimed valuation as set forth in	3010
the complaint. If a complaint filed under this section for the	3011
current year is not determined by the board within the time	3012
prescribed for such determination, the complaint and any	3013
proceedings in relation thereto shall be continued by the board as	3014
a valid complaint for any ensuing year until such complaint is	3015
finally determined by the board or upon any appeal from a decision	3016
of the board. In such case, the original complaint shall continue	3017
in effect without further filing by the original taxpayer, the	3018
original taxpayer's assignee, or any other person or entity	3019
authorized to file a complaint under this section.	3020

(E) If a taxpayer files a complaint as to the classification,	3021
valuation, assessment, or any determination affecting the	3022
taxpayer's own property and tenders less than the full amount of	3023
taxes or recoupment charges as finally determined, an interest	3024
charge shall accrue as follows:	3025

(1) If the amount finally determined is less than the amount	3026
billed but more than the amount tendered, the taxpayer shall pay	3027
interest at the rate per annum prescribed by section 5703.47 of	3028
the Revised Code, computed from the date that the taxes were due	3029
on the difference between the amount finally determined and the	3030
amount tendered. This interest charge shall be in lieu of any	3031
penalty or interest charge under section 323.121 of the Revised	3032
Code unless the taxpayer failed to file a complaint and tender an	3033
amount as taxes or recoupment charges within the time required by	3034
this section, in which case section 323.121 of the Revised Code	3035
applies.	3036

(2) If the amount of taxes finally determined is equal to or	3037
greater than the amount billed and more than the amount tendered,	3038
the taxpayer shall pay interest at the rate prescribed by section	3039
5703.47 of the Revised Code from the date the taxes were due on	3040
the difference between the amount finally determined and the	3041
amount tendered, such interest to be in lieu of any interest	3042
charge but in addition to any penalty prescribed by section	3043
323.121 of the Revised Code.	3044

(F) Upon request of a complainant, the tax commissioner shall	3045
determine the common level of assessment of real property in the	3046
county for the year stated in the request that is not valued under	3047
section 5713.31 of the Revised Code, which common level of	3048
assessment shall be expressed as a percentage of true value and	3049
the common level of assessment of lands valued under such section,	3050
which common level of assessment shall also be expressed as a	3051
percentage of the current agricultural use value of such lands.	3052
Such determination shall be made on the basis of the most recent	3053
available sales ratio studies of the commissioner and such other	3054
factual data as the commissioner deems pertinent.	3055

(G) A complainant shall provide to the board of revision all	3056
information or evidence within the complainant's knowledge or	3057
possession that affects the real property that is the subject of	3058
the complaint. A complainant who fails to provide such information	3059
or evidence is precluded from introducing it on appeal to the	3060
board of tax appeals or the court of common pleas, except that the	3061
board of tax appeals or court may admit and consider the evidence	3062
if the complainant shows good cause for the complainant's failure	3063
to provide the information or evidence to the board of revision.	3064

(H) In case of the pendency of any proceeding in court based	3065
upon an alleged excessive, discriminatory, or illegal valuation or	3066
incorrect classification or determination, the taxpayer may tender	3067
to the treasurer an amount as taxes upon property computed upon	3068
the claimed valuation as set forth in the complaint to the court.	3069
The treasurer may accept the tender. If the tender is not	3070
accepted, no penalty shall be assessed because of the nonpayment	3071
of the full taxes assessed.	3072

Sec. 6115.20.  (A) When it is determined to let the work	3073
relating to the improvements for which a sanitary district was	3074
established by contract, contracts in amounts to exceed tenfifty	3075
thousand dollars shall be advertised after notice calling for bids	3076
has been published once a week for five consecutive weeks	3077
completed on the date of last publication or as provided in	3078
section 7.16 of the Revised Code, in a newspaper of general	3079
circulation within the sanitary district where the work is to be	3080
done. The board of directors of the sanitary district shall let	3081
bids as provided in this section or, if applicable, section 9.312	3082
of the Revised Code. If the bids are for a contract for the	3083
construction, demolition, alteration, repair, or reconstruction of	3084
an improvement, the board of directors of the sanitary district	3085
shall let the contract to the lowest or best bidder who meets the	3086
requirements of section 153.54 of the Revised Code. If the bids	3087
are for a contract for any other work relating to the improvements	3088
for which a sanitary district was established, the board of	3089
directors of the sanitary district shall let the contract to the	3090
lowest or best bidder who gives a good and approved bond, with	3091
ample security, conditioned on the carrying out of the contract	3092
and the payment for all labor and material. The contract shall be	3093
in writing and shall be accompanied by or shall refer to plans and	3094
specifications for the work to be done prepared by the chief	3095
engineer. The plans and specifications at all times shall be made	3096
and considered a part of the contract. The contract shall be	3097
approved by the board and signed by the president of the board and	3098
by the contractor and shall be executed in duplicate. In case of	3099
emergency the advertising of contracts may be waived upon the	3100
consent of the board with the approval of the court or judge in	3101
vacation.	3102

(B) In the case of a sanitary district organized wholly for	3103
the purpose of providing a water supply for domestic, municipal,	3104
and public use that includes two municipal corporations in two	3105
counties, any service to be purchased, including the services of	3106
an accountant, architect, attorney at law, physician, or	3107
professional engineer, at a cost in excess of tenfifty thousand	3108
dollars shall be obtained in the manner provided in sections	3109
153.65 to 153.73 of the Revised Code. For the purposes of the	3110
application of those sections to division (B) of this section, all	3111
of the following apply:	3112

(1) "Public authority," as used in those sections, shall be	3113
deemed to mean a sanitary district organized wholly for the	3114
purpose of providing a water supply for domestic, municipal, and	3115
public use that includes two municipal corporations in two	3116
counties;	3117

(2) "Professional design firm," as used in those sections,	3118
shall be deemed to mean any person legally engaged in rendering	3119
professional design services as defined in division (B)(3) of this	3120
section;	3121

(3) "Professional design services," as used in those	3122
sections, shall be deemed to mean accounting, architectural,	3123
legal, medical, or professional engineering services;	3124

(4) The use of other terms in those sections shall be adapted	3125
accordingly, including, without limitation, for the purposes of	3126
division (D) of section 153.67 of the Revised Code;	3127

(5) Divisions (A) to (C) of section 153.71 of the Revised	3128
Code do not apply.	3129

(C) The board of directors of a district organized wholly for	3130
the purpose of providing a water supply for domestic, municipal,	3131
and public use may contract for, purchase, or otherwise procure	3132
for the benefit of employees of the district and pay all or any	3133
part of the cost of group insurance policies that may provide	3134
benefits, including, but not limited to, hospitalization, surgical	3135
care, major medical care, disability, dental care, vision care,	3136
medical care, hearing aids, or prescription drugs. Any group	3137
insurance policy purchased under this division shall be purchased	3138
from the health care corporation that the board of directors	3139
determines offers the most cost-effective group insurance policy.	3140

Sec. 6119.02.  (A) Proceedings for the organization of a	3141
regional water and sewer district shall be initiated only by a	3142
petition filed in the office of the clerk of the court of common	3143
pleas of one of the counties all or part of which lies within the	3144
proposed district. The petition shall be signed by one or more	3145
municipal corporations, one or more counties, or one or more	3146
townships, or by any combination of them, after having been	3147
authorized by the legislative authority of the political	3148
subdivision. The legislative authority of any municipal	3149
corporation, the board of county commissioners of any county, and	3150
the board of trustees of any township may act in behalf of any	3151
part of their respective political subdivisions. The petition	3152
shall specify all of the following:	3153

(1) The proposed name of the district;

3154

(2) The place in which its principal office is to be located;

3155

(3) The necessity for the proposed district and that it will	3156
be conducive to the public health, safety, convenience, or	3157
welfare;	3158

(4) A general description of the purpose of the proposed	3159
district;	3160

(5) A general description of the territory to be included in	3161
the district, which need not be given by metes and bounds or by	3162
legal subdivisions, but is sufficient if an accurate description	3163
is given of the territory to be organized as a district. The	3164
territory need not be contiguous, provided that it is so situated	3165
that the public health, safety, convenience, or welfare will be	3166
promoted by the organization as a single district of the territory	3167
described.	3168

(6) The manner of selection, the number, the term, and the	3169
compensation of the members of the governing body of the district,	3170
which shall be called a board of trustees. The petition may set	3171
forth procedures for subsequent changes in the composition of and	3172
other provisions relating to the board of trustees. The original	3173
or properly amended petition may prohibit elected officials from	3174
serving on the board and may permit one or more elected officials	3175
from any appointing authority to serve on the board. However,	3176
elected officials from the same political subdivision shall not	3177
comprise a majority of the members of the board. Notwithstanding	3178
the foregoing, a board appointed prior to the effective date of	3179
this amendment may continue as prescribed in the petition and	3180
rules and regulations of the district that were in effect prior to	3181
the effective date of this amendment, and, if not prohibited in	3182
the petition or rules and regulations, the board may include	3183
elected officials. As used in this division, "elected official"	3184
means an official elected to an office of municipal, township, or	3185
county government, or a person appointed to fill a vacancy in such	3186
an office.	3187

(7) The plan for financing the cost of the operations of the	3188
district until it is in receipt of revenue from its operations or	3189
proceeds from the sale of bonds;	3190

(8) A prayer for the organization of the district by the name	3191
proposed, either before or after a preliminary hearing as provided	3192
in section 6119.04 of the Revised Code.	3193

(B) Prior to filing a petition under division (A) of this	3194
section, a municipal corporation, county, or township shall hold a	3195
public meeting for the purpose of receiving comments on the	3196
proposed establishment of a regional water and sewer district. If	3197
a combination of municipal corporations, counties, or townships	3198
signed the petition, the signers jointly shall hold the public	3199
meeting. At the meeting, a representative of the signer or signers	3200
of the petition shall present a preliminary study of the reasons	3201
for the proposed establishment of the district.	3202

The signer or signers of the petition shall provide written	3203
notice of the public meeting to each elector residing in the	3204
territory of the proposed district. Failure to notify an elector	3205
does not invalidate any proceeding before a court under this	3206
chapter.	3207

(C) Upon the filing of the petition, the judge of the court	3208
of common pleas of the county in which the petition is filed or,	3209
in the case of a county having more than one such judge, a judge	3210
of that court assigned by its presiding judge shall determine if	3211
the petition complies with the requirements of this section as to	3212
form and content. No petition shall be declared void by the judge	3213
on account of alleged defects. The court in subsequent proceedings	3214
at any time may permit the petition to be amended in form and	3215
substance to conform to the facts by correcting any errors in the	3216
description of the territory or in any other particular.	3217

Sec. 6119.10.  The board of trustees of a regional water and	3218
sewer district or any officer or employee designated by the board	3219
may make any contract for the purchase of supplies or material or	3220
for labor for any work, under the supervision of the board, the	3221
cost of which shall not exceed twenty-fivefifty thousand dollars.	3222
When an expenditure, other than for the acquisition of real estate	3223
and interests in real estate, the discharge of noncontractual	3224
claims, personal services, the joint use of facilities or the	3225
exercise of powers with other political subdivisions, or the	3226
product or services of public utilities, exceeds twenty-fivefifty	3227
thousand dollars, the expenditures shall be made only after a	3228
notice calling for bids has been published two consecutive weeks	3229
in one newspaper of general circulation within the district or as	3230
provided in section 7.16 of the Revised Code. If the bids are for	3231
a contract for the construction, demolition, alteration, repair,	3232
or reconstruction of an improvement, the board may let the	3233
contract to the lowest and best bidder who meets the requirements	3234
of section 153.54 of the Revised Code. If the bids are for a	3235
contract for any other work relating to the improvements for which	3236
a regional water and sewer district was established, the board of	3237
trustees of the regional water and sewer district may let the	3238
contract to the lowest or best bidder who gives a good and	3239
approved bond with ample security conditioned on the carrying out	3240
of the contract. The contract shall be in writing and shall be	3241
accompanied by or shall refer to plans and specifications for the	3242
work to be done, approved by the board. The plans and	3243
specifications shall at all times be made and considered part of	3244
the contract. The contract shall be approved by the board and	3245
signed by its president or other duly authorized officer and by	3246
the contractor. In case of a real and present emergency, the board	3247
of trustees of the district, by two-thirds vote of all members,	3248
may authorize the president or other duly authorized officer to	3249
enter into a contract for work to be done or for the purchase of	3250
supplies or materials without formal bidding or advertising. All	3251
contracts shall have attached the certificate required by section	3252
5705.41 of the Revised Code duly executed by the secretary of the	3253
board of trustees of the district. The district may make	3254
improvements by force account or direct labor, provided that, if	3255
the estimated cost of supplies or material for any such	3256
improvement exceeds twenty-fivefifty thousand dollars, bids shall	3257
be received as provided in this section. For the purposes of the	3258
competitive bidding requirements of this section, the board shall	3259
not sever a contract for supplies or materials and labor into	3260
separate contracts for labor, supplies, or materials if the	3261
contracts are in fact a part of a single contract required to be	3262
bid competitively under this section.	3263

Section 2. That existing sections 9.833, 118.023, 118.06,	3264
120.08, 120.53, 124.42, 305.171, 307.12, 307.86, 307.861, 307.87,	3265
307.88, 308.13, 319.59, 329.40, 505.60, 505.601, 505.603, 511.23,	3266
703.21, 731.141, 735.05, 737.03, 749.26, 749.28, 749.31, 753.15,	3267
755.29, 755.30, 1545.07, 2907.27, 3316.04, 3316.06, 3709.08,	3268
3709.28, 3709.34, 3709.36, 4123.41, 5705.392, 5705.41, 5715.19,	3269
6115.20, 6119.02, and 6119.10 and sections 507.07 and 3709.081 of	3270
the Revised Code are hereby repealed.	3271