As Passed by the Senate

Corrected Version

129th General Assembly Regular Session 2011-2012

Am. 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 

Senators LaRose, Coley, Eklund, Hite, Jones, Niehaus, Patton, Seitz, Wagoner 

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A BILL

To amend sections 9.833, 118.023, 118.06, 118.31,

1

120.08, 120.53, 124.42, 305.171, 307.12, 307.86,

2

307.861, 307.87, 307.88, 307.932, 308.13, 329.40,

3

505.60, 505.601, 505.603, 511.23, 703.21, 731.141,

4

735.05, 737.03, 749.26, 749.28, 749.31, 753.15,

5

755.29, 755.30, 1545.07, 1901.01, 1901.02,

6

1901.03, 1901.07, 1901.08, 1901.31, 1907.11,

7

2907.27, 2929.26, 3316.04, 3316.06, 3709.08,

8

3709.28, 3709.36, 3729.05, 4123.41, 5301.68,

9

5301.69, 5705.392, 5705.41, 5709.40, 5709.41,

10

5709.73, 5709.77, and 5713.041, 5715.13, 5715.19,

11

6115.20, 6119.02, and 6119.10, to enact sections

12

125.183, 319.09, and 505.012, and to repeal

13

sections 507.07 and 3709.081 of the Revised Code

14

to make changes to the laws governing local

15

governments, to expressly define "residential

16

property" for the purpose of the existing

17

limitation on tax exemption for such property

18

under the tax increment financing law, to modify

19

the requirements of arresting authorities and

20

courts regarding venereal disease testing of

21

individuals accused of certain offenses, to modify

22

the manner in which funds are allocated from the

23

Ohio Legal Aid Fund, to modify the deadline for

24

the certification to the ballot of the major

25

political parties' candidates for president and

26

vice-president for the November 6, 2012, general

27

election, and to declare an emergency.

28

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

Section 1. That sections 9.833, 118.023, 118.06, 118.31,	29
120.08, 120.53, 124.42, 305.171, 307.12, 307.86, 307.861, 307.87,	30
307.88, 307.932, 308.13, 329.40, 505.60, 505.601, 505.603, 511.23,	31
703.21, 731.141, 735.05, 737.03, 749.26, 749.28, 749.31, 753.15,	32
755.29, 755.30, 1545.07, 1901.01, 1901.02, 1901.03, 1901.07,	33
1901.08, 1901.31, 1907.11, 2907.27, 2929.26, 3316.04, 3316.06,	34
3709.08, 3709.28, 3709.36, 3729.05, 4123.41, 5301.68, 5301.69,	35
5705.392, 5705.41, 5709.40, 5709.41, 5709.73, 5709.77, and	36
5713.041, 5715.13, 5715.19, 6115.20, 6119.02, and 6119.10 be	37
amended and sections 125.183, 319.09, and 505.012 of the Revised	38
Code be enacted to read as follows:	39

Sec. 9.833.  (A) As used in this section, "political	40
subdivision" has the meaning defined in sections 2744.01 and	41
3905.36 of the Revised Code. For purposes of this section,	42
"political subdivision" includes municipal corporations as defined	43
in section 5705.01 of the Revised Code.	44

(B) Political subdivisions that provide health care benefits	45
for their officers or employees may do any of the following:	46

(1) Establish and maintain an individual self-insurance	47
program with public moneys to provide authorized health care	48
benefits, including but not limited to, health care, prescription	49
drugs, dental care, and vision care, in accordance with division	50
(C) of this section;	51

(2) Establish and maintain a health savings account program	52
whereby employees or officers may establish and maintain health	53
savings accounts in accordance with section 223 of the Internal	54
Revenue Code. Public moneys may be used to pay for or fund	55
federally qualified high deductible health plans that are linked	56
to health savings accounts or to make contributions to health	57
savings accounts. A health savings account program may be a part	58
of a self-insurance program.	59

(3) After establishing an individual self-insurance program,	60
agree with other political subdivisions that have established	61
individual self-insurance programs for health care benefits, that	62
their programs will be jointly administered in a manner specified	63
in the agreement;	64

(4) Pursuant to a written agreement and in accordance with	65
division (C) of this section, join in any combination with other	66
political subdivisions to establish and maintain a joint	67
self-insurance program to provide health care benefits;	68

(5) Pursuant to a written agreement, join in any combination	69
with other political subdivisions to procure or contract for	70
policies, contracts, or plans of insurance to provide health care	71
benefits, which may include a health savings account program for	72
their officers and employees subject to the agreement;	73

(6) Use in any combination any of the policies, contracts,	74
plans, or programs authorized under this division.	75

(7) Any agreement made under divisionsdivision (B)(3), (4),	76
(5), or (6) of this section shall be in writing, comply with	77
division (C) of this section, and contain best practices	78
established in consultation with and approved by the department of	79
administrative services. The best practices may be reviewed and	80
amended at the discretion of the political subdivisions in	81
consultation with the department. Detailed information regarding	82
the best practices shall be made available to any employee upon	83
that employee's request.	84

(8) Purchase plans approved by the department of	85
administrative services under section 9.901 of the Revised Code.	86

(C) Except as otherwise provided in division (E) of this	87
section, the following apply to individual or joint self-insurance	88
programs established pursuant to this section:	89

(1) Such funds shall be reserved as are necessary, in the	90
exercise of sound and prudent actuarial judgment, to cover	91
potential cost of health care benefits for the officers and	92
employees of the political subdivision. A certified audited	93
financial statement and a report of amounts so reserved and	94
disbursements made from such funds, together with a written report	95
of a member of the American academy of actuaries certifying	96
whether the amounts reserved conform to the requirements of this	97
division, are computed in accordance with accepted loss reserving	98
standards, and are fairly stated in accordance with sound loss	99
reserving principles, shall be prepared and maintained, within	100
ninety days after the last day of the fiscal year of the entity	101
for which the report is provided for that fiscal year, in the	102
office of the program administrator described in division (C)(3)	103
of this section.	104

The report required by division (C)(1) of this section shall	105
include, but not be limited to, disbursements made for the	106
administration of the program, including claims paid, costs of the	107
legal representation of political subdivisions and employees, and	108
fees paid to consultants.	109

The program administrator described in division (C)(3) of	110
this section shall make the report required by this division	111
available for inspection by any person at all reasonable times	112
during regular business hours, and, upon the request of such	113
person, shall make copies of the report available at cost within a	114
reasonable period of time. The program administrator shall further	115
provide the report to the auditor of state under Chapter 117. of	116
the Revised Code.	117

(2) Each political subdivision shall reserve funds necessary	118
for an individual or joint self-insurance program in a special	119
fund that may be established for political subdivisions other than	120
an agency or instrumentality pursuant to an ordinance or	121
resolution of the political subdivision and not subject to section	122
5705.12 of the Revised Code. An agency or instrumentality shall	123
reserve the funds necessary for an individual or joint	124
self-insurance program in a special fund established pursuant to a	125
resolution duly adopted by the agency's or instrumentality's	126
governing board. The political subdivision may allocate the costs	127
of insurance or any self-insurance program, or both, among the	128
funds or accounts established under this division on the basis of	129
relative exposure and loss experience.	130

(3) A contract may be awarded, without the necessity of	131
competitive bidding, to any person, political subdivision,	132
nonprofit corporation organized under Chapter 1702. of the Revised	133
Code, or regional council of governments created under Chapter	134
167. of the Revised Code for purposes of administration of an	135
individual or joint self-insurance program. No such contract shall	136
be entered into without full, prior, public disclosure of all	137
terms and conditions. The disclosure shall include, at a minimum,	138
a statement listing all representations made in connection with	139
any possible savings and losses resulting from the contract, and	140
potential liability of any political subdivision or employee. The	141
proposed contract and statement shall be disclosed and presented	142
at a meeting of the political subdivision not less than one week	143
prior to the meeting at which the political subdivision authorizes	144
the contract.	145

A contract awarded to a nonprofit corporation or a regional	146
council of governments under this division may provide that all	147
employees of the nonprofit corporation or regional council of	148
governments and, the employees of all entities related to the	149
nonprofit corporation or regional council of governments, and the	150
employees of other nonprofit corporations that have fifty or fewer	151
employees and have been organized for the primary purpose of	152
representing the interests of political subdivisions, may be	153
covered by the individual or joint self-insurance program under	154
the terms and conditions set forth in the contract.	155

(4) The individual or joint self-insurance program shall	156
include a contract with a certified public accountant and a member	157
of the American academy of actuaries for the preparation of the	158
written evaluations required under division (C)(1) of this	159
section.	160

(5) A joint self-insurance program may allocate the costs of	161
funding the program among the funds or accounts established under	162
this division to the participating political subdivisions on the	163
basis of their relative exposure and loss experience.	164

(6) An individual self-insurance program may allocate the	165
costs of funding the program among the funds or accounts	166
established under this division to the political subdivision that	167
established the program.	168

(7) Two or more political subdivisions may also authorize the	169
establishment and maintenance of a joint health care cost	170
containment program, including, but not limited to, the employment	171
of risk managers, health care cost containment specialists, and	172
consultants, for the purpose of preventing and reducing health	173
care costs covered by insurance, individual self-insurance, or	174
joint self-insurance programs.	175

(8) A political subdivision is not liable under a joint	176
self-insurance program for any amount in excess of amounts payable	177
pursuant to the written agreement for the participation of the	178
political subdivision in the joint self-insurance program. Under a	179
joint self-insurance program agreement, a political subdivision	180
may, to the extent permitted under the written agreement, assume	181
the risks of any other political subdivision. A joint	182
self-insurance program established under this section is deemed a	183
separate legal entity for the public purpose of enabling the	184
members of the joint self-insurance program to obtain insurance or	185
to provide for a formalized, jointly administered self-insurance	186
fund for its members. An entity created pursuant to this section	187
is exempt from all state and local taxes.	188

(9) Any political subdivision, other than an agency or	189
instrumentality, may issue general obligation bonds, or special	190
obligation bonds that are not payable from real or personal	191
property taxes, and may also issue notes in anticipation of such	192
bonds, pursuant to an ordinance or resolution of its legislative	193
authority or other governing body for the purpose of providing	194
funds to pay expenses associated with the settlement of claims,	195
whether by way of a reserve or otherwise, and to pay the political	196
subdivision's portion of the cost of establishing and maintaining	197
an individual or joint self-insurance program or to provide for	198
the reserve in the special fund authorized by division (C)(2) of	199
this section.	200

In its ordinance or resolution authorizing bonds or notes	201
under this section, a political subdivision may elect to issue	202
such bonds or notes under the procedures set forth in Chapter 133.	203
of the Revised Code. In the event of such an election,	204
notwithstanding Chapter 133. of the Revised Code, the maturity of	205
the bonds may be for any period authorized in the ordinance or	206
resolution not exceeding twenty years, which period shall be the	207
maximum maturity of the bonds for purposes of section 133.22 of	208
the Revised Code.	209

Bonds and notes issued under this section shall not be	210
considered in calculating the net indebtedness of the political	211
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	212
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	213
hereby made applicable to bonds or notes authorized under this	214
section.	215

(10) A joint self-insurance program is not an insurance	216
company. Its operation does not constitute doing an insurance	217
business and is not subject to the insurance laws of this state.	218

(D) A political subdivision may procure group life insurance	219
for its employees in conjunction with an individual or joint	220
self-insurance program authorized by this section, provided that	221
the policy of group life insurance is not self-insured.	222

(E) This section does not apply to individual self-insurance	223
programs created solely by municipal corporations as defined in	224
section 5705.01 of the Revised Code.	225

(F) A public official or employee of a political subdivision	226
who is or becomes a member of the governing body of the program	227
administrator of a joint self-insurance program in which the	228
political subdivision participates is not in violation of division	229
(D) or (E) of section 102.03, division (C) of section 102.04, or	230
section 2921.42 of the Revised Code as a result of either of the	231
following:	232

(1) The political subdivision's entering under this section	233
into the written agreement to participate in the joint	234
self-insurance program;	235

(2) The political subdivision's entering under this section	236
into any other contract with the joint self-insurance program.	237

Sec. 118.023.  (A) Upon determining that one or more of the	238
conditions described in section 118.022 of the Revised Code are	239
present, the auditor of state shall issue a written declaration of	240
the existence of a fiscal watch to the municipal corporation,	241
county, or township and the county budget commission. The fiscal	242
watch shall be in effect until the auditor of state determines	243
that none of the conditions are any longer present and cancels the	244
watch, or until the auditor of state determines that a state of	245
fiscal emergency exists. The auditor of state, or a designee,	246
shall provide such technical and support services to the municipal	247
corporation, county, or township after a fiscal watch has been	248
declared to exist as the auditor of state considers necessary.	249

(B) Within one hundred twenty days after the day a written	250
declaration of the existence of a fiscal watch is issued under	251
division (A) of this section, the mayor of the municipal	252
corporation, the board of county commissioners of the county, or	253
the board of township trustees of the township for which a fiscal	254
watch was declared shall submit to the auditor of state a	255
financial recovery plan that shall identify actions to be taken to	256
eliminate all of the conditions described in section 118.022 of	257
the Revised Code, and shall include a schedule detailing the	258
approximate dates for beginning and completing the actions, and	259
include a five-year forecast reflecting the effects of the	260
actions. The financial recovery plan also shall evaluate the	261
feasibility of entering into shared services agreements with other	262
political subdivisions for the joint exercise of any power,	263
performance of any function, or rendering of any service, if so	264
authorized by statute. The financial recovery plan is subject to	265
review and approval by the auditor of state. The auditor of state	266
may extend the amount of time by which a financial recovery plan	267
is required to be filed, for good cause shown.	268

(C) If a feasible financial recovery plan for a municipal	269
corporation, county, or township for which a fiscal watch was	270
declared is not submitted within the time period prescribed by	271
division (B) of this section, or within any extension of time	272
thereof, the auditor of state shall declare that a fiscal	273
emergency condition exists under section 118.04 of the Revised	274
Code in the municipal corporation, county, or township.	275

Sec. 118.06.  (A) Within one hundred twenty days after the	276
first meeting of the commission, the mayor of the municipal	277
corporation or the board of county commissioners or board of	278
township trustees shall submit to the commission a detailed	279
financial plan, as approved or amended and approved by ordinance	280
or resolution of the legislative authority, containing the	281
following:	282

(1) Actions to be taken by the municipal corporation, county,	283
or township to:	284

(a) Eliminate all fiscal emergency conditions determined to	285
exist pursuant to section 118.04 of the Revised Code;	286

(b) Satisfy any judgments, past due accounts payable, and all	287
past due and payable payroll and fringe benefits;	288

(c) Eliminate the deficits in all deficit funds;

289

(d) Restore to construction funds and other special funds	290
moneys from such funds that were used for purposes not within the	291
purposes of such funds, or borrowed from such construction funds	292
by the purchase of debt obligations of the municipal corporation,	293
county, or township with the moneys of such funds, or missing from	294
the construction funds or such special funds and not accounted	295
for;	296

(e) Balance the budgets, avoid future deficits in any funds,	297
and maintain current payments of payroll, fringe benefits, and all	298
accounts;	299

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

300

(g) Restore the ability of the municipal corporation, county,	301
or township to market long-term general obligation bonds under	302
provisions of law applicable to municipal corporations, counties,	303
or townships generally.	304

(2) The legal authorities permitting the municipal	305
corporation, county, or township to take the actions enumerated	306
pursuant to division (A)(1) of this section;	307

(3) The approximate dates of the commencement, progress upon,	308
and completion of the actions enumerated pursuant to division	309
(A)(1) of this section, a five-year forecast reflecting the	310
effects of those actions, and a reasonable period of time expected	311
to be required to implement the plan. The municipal corporation,	312
county, or township, in consultation with the commission and the	313
financial supervisor, shall prepare a reasonable time schedule for	314
progress toward and achievement of the requirements for the	315
financial plan and the financial plan shall be consistent with	316
that time schedule.	317

(4) The amount and purpose of any issue of debt obligations	318
that will be issued, together with assurances that any such debt	319
obligations that will be issued will not exceed debt limits	320
supported by appropriate certifications by the fiscal officer of	321
the municipal corporation, county, or township and the county	322
auditor;	323

(5) Assurances that the municipal corporation, county, or	324
township will establish monthly levels of expenditures and	325
encumbrances pursuant to division (B)(2) of section 118.07 of the	326
Revised Code;	327

(6) Assurances that the municipal corporation, county, or	328
township will conform to statutes with respect to tax budgets and	329
appropriation measures;	330

(7) The detail, the form, and the supporting information that	331
the commission may direct;	332

(8) An evaluation of the feasibility of entering into shared	333
services agreements with other political subdivisions for the	334
joint exercise of any power, performance of any function, or	335
rendering of any service, if so authorized by statute.	336

(B) The financial plan developed pursuant to division (A) of	337
this section shall be filed with the financial supervisor and the	338
financial planning and supervision commission and shall be updated	339
annually. After consultation with the financial supervisor, the	340
commission shall either approve or reject any initial or	341
subsequent financial plan. If the commission rejects the initial	342
or any subsequent financial plan, it shall forthwith inform the	343
mayor and legislative authority of the municipal corporation or	344
the board of county commissioners or board of township trustees of	345
the reasons for its rejection. Within thirty days after the	346
rejection of any plan, the mayor with the approval of the	347
legislative authority by the passage of an ordinance or	348
resolution, or the board of county commissioners or board of	349
township trustees, shall submit another plan meeting the	350
requirements of divisions (A)(1) to (7) of this section, to the	351
commission and the financial supervisor for approval or rejection	352
by the commission.	353

(C) Any initial or subsequent financial plan passed by the	354
municipal corporation, county, or township shall be approved by	355
the commission if it complies with divisions (A)(1) to (7) of this	356
section, and if the commission finds that the plan is bona fide	357
and can reasonably be expected to be implemented within the period	358
specified in the plan.	359

(D) Any financial plan may be amended subsequent to its	360
adoption in the same manner as the passage and approval of the	361
initial or subsequent plan pursuant to divisions (A) to (C) of	362
this section.	363

(E) If a municipal corporation, county, or township fails to	364
submit a financial plan as required by this section, or fails to	365
substantially comply with an approved financial plan, upon	366
certification of the commission, the commission shall notify the	367
office of budget and management and all state funding for that	368
municipal corporation, county, or township other than benefit	369
assistance to individuals shall be escrowedwithheld until	370
subsequent notification from the commission to the office of	371
budget and management that a feasible plan ishas been submitted	372
and approved or substantial compliance with the plan ishas been	373
achieved, as the case may be. Upon receipt of the subsequent	374
notification, the office of budget and management shall release	375
all funds withheld from the political subdivision under this	376
section.	377

Sec. 118.31.  (A) Upon petition of the financial supervisor	378
and approval of the financial planning and supervision commission,	379
if any, the attorney general shall file a legal action in the	380
court actionof common pleas on behalf of the state to dissolve a	381
municipal corporation or township if all of the following	382
conditions apply:	383

(1) The municipal corporation or township has a population of	384
less than five thousand as of the most recent federal decennial	385
census.	386

(2) The municipal corporation or township has been under a	387
fiscal emergency for at least four consecutive years.	388

(3) Implementation of the financial plan of the municipal	389
corporation or township required under this chapter cannot	390
reasonably be expected to correct and eliminate all fiscal	391
emergency conditions within five years.	392

(B) The court of common pleas shall hold a hearing within	393
ninety days after the date on which the attorney general files the	394
legal action with the court. Notice of the hearing shall be filed	395
with the attorney general, the clerk of the village or the fiscal	396
officer of the township that is the subject of the action, and	397
each fiscal officer of a township located wholly or partly within	398
the village subject to dissolution.	399

(C) If the court finds that all of the conditions described	400
in division (A) of this section apply to the municipal corporation	401
or township, it shall appoint a receiver. The receiver, under	402
court supervision, shall work with executive and legislative	403
officers of the municipal corporation or township to wind up the	404
affairs of and dissolve the municipal corporation in accordance	405
with section 703.21 of the Revised Code or the township in	406
accordance with the process in section 503.02 and sections 503.17	407
to 503.21 of the Revised Code.	408

Sec. 120.08.  There is hereby created in the state treasury	409
the indigent defense support fund, consisting of money paid into	410
the fund pursuant to sections 4507.45, 4509.101, 4510.22, and	411
4511.19 of the Revised Code and pursuant to sections 2937.22,	412
2949.091, and 2949.094 of the Revised Code out of the additional	413
court costs imposed under those sections. The state public	414
defender shall use at least ninetyeighty-eight per cent of the	415
money in the fund for the purposepurposes of reimbursing county	416
governments for expenses incurred pursuant to sections 120.18,	417
120.28, and 120.33 of the Revised Code and operating its system	418
pursuant to division (C)(7) of section 120.04 of the Revised Code	419
and division (B) of section 120.33 of the Revised Code.	420
Disbursements from the fund to county governments shall be made at	421
least once per year and shall be allocated proportionately so that	422
each county receives an equal percentage of its total cost for	423
operating its county public defender system, its joint county	424
public defender system, its county appointed counsel system, or	425
its system operated under division (C)(7) of section 120.04 of the	426
Revised Code and division (B) of section 120.33 of the Revised	427
Code. The state public defender may use not more than tentwelve	428
per cent of the money in the fund for the purposes of appointing	429
assistant state public defenders or for, providing other	430
personnel, equipment, and facilities necessary for the operation	431
of the state public defender office, and providing training,	432
developing and implementing electronic forms, or establishing and	433
maintaining an information technology system used for the uniform	434
operation of this chapter.	435

Sec. 120.53.  (A) A legal aid society that operates within	436
the state may apply to the Ohio legal assistance foundation for	437
financial assistance from the legal aid fund established by	438
section 120.52 of the Revised Code to be used for the funding of	439
the society during the calendar year following the calendar year	440
in which application is made.	441

(B) An application for financial assistance made under	442
division (A) of this section shall be submitted by the first day	443
of November of the calendar year preceding the calendar year for	444
which financial assistance is desired and shall include all of the	445
following:	446

(1) Evidence that the applicant is incorporated in this state	447
as a nonprofit corporation;	448

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

449

(3) The proposed budget of the applicant for these funds for	450
the following calendar year;	451

(4) A summary of the services to be offered by the applicant	452
in the following calendar year;	453

(5) A specific description of the territory or constituency	454
served by the applicant;	455

(6) An estimate of the number of persons to be served by the	456
applicant during the following calendar year;	457

(7) A general description of the additional sources of the	458
applicant's funding;	459

(8) The amount of the applicant's total budget for the	460
calendar year in which the application is filed that it will	461
expend in that calendar year for legal services in each of the	462
counties it serves;	463

(9) A specific description of any services, programs,	464
training, and legal technical assistance to be delivered by the	465
applicant or by another person pursuant to a contract with the	466
applicant, including, but not limited to, by private attorneys or	467
through reduced fee plans, judicare panels, organized pro bono	468
programs, and mediation programs.	469

(C) The Ohio legal assistance foundation shall determine	470
whether each applicant that filed an application for financial	471
assistance under division (A) of this section in a calendar year	472
is eligible for financial assistance under this section. To be	473
eligible for such financial assistance, an applicant shall satisfy	474
the criteria for being a legal aid society and shall be in	475
compliance with the provisions of sections 120.51 to 120.55 of the	476
Revised Code and with the rules and requirements the foundation	477
establishes pursuant to section 120.52 of the Revised Code. The	478
Ohio legal assistance foundation then, on or before the fifteenth	479
day of December of the calendar year in which the application is	480
filed, shall notify each such applicant, in writing, whether it is	481
eligible for financial assistance under this section, and if it is	482
eligible, estimate the amount that will be available for that	483
applicant for each six-month distribution period, as determined	484
under division (D) of this section.	485

(D) The Ohio legal assistance foundation shall allocate	486
moneys contained in the legal aid fund monthly for distribution to	487
applicants that filed their applications in the previous calendar	488
year and are determined to be eligible applicants.	489

All moneys contained in the fund on the first day of each	490
month shall be allocated, after deduction of the costs of	491
administering sections 120.51 to 120.55 and sections 1901.26,	492
1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised	493
Code that are authorized by section 120.52 of the Revised Code,	494
according to this section and shall be distributed accordingly not	495
later than the last day of the month following the month the	496
moneys were received. In making the allocations under this	497
section, the moneys in the fund that were generated pursuant to	498
sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and	499
4705.10 of the Revised Code shall be apportioned as follows:	500

(1) After deduction of the amount authorized and used for	501
actual, reasonable administrative costs under section 120.52 of	502
the Revised Code:	503

(a) Five per cent of the moneys remaining in the fund shall	504
be reserved for use in the manner described in division (A) of	505
section 120.521 of the Revised Code or for distribution to legal	506
aid societies that provide assistance to special population groups	507
of their eligible clients, engage in special projects that have a	508
substantial impact on their local service area or on significant	509
segments of the state's poverty population, or provide legal	510
training or support to other legal aid societies in the state;	511

(b) After deduction of the amount described in division	512
(D)(1)(a) of this section, one and three-quarters per cent of the	513
moneys remaining in the fund shall be apportioned among entities	514
that received financial assistance from the legal aid fund prior	515
to the effective date of this amendmentJuly 1, 1993, but that, on	516
and after the effective date of this amendmentJuly 1, 1993, no	517
longer qualify as a legal aid society that is eligible for	518
financial assistance under this section.	519

(c) After deduction of the amounts described in divisions	520
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys	521
remaining in the fund shall be placed in the legal assistance	522
foundation fund for use in the manner described in division (A) of	523
section 120.521 of the Revised Code.	524

(2) After deduction of the actual, reasonable administrative	525
costs under section 120.52 of the Revised Code and after deduction	526
of the amounts identified in divisions (D)(1)(a), (b), and (c) of	527
this section, the remaining moneys shall be apportioned among the	528
counties that are served by eligible legal aid societies that have	529
applied for financial assistance under this section so that each	530
such county is apportioned a portion of those moneys, based upon	531
the ratio of the number of indigents who reside in that county to	532
the total number of indigents who reside in all counties of this	533
state that are served by eligible legal aid societies that have	534
applied for financial assistance under this section. Subject to	535
division (E) of this section, the moneys apportioned to a county	536
under this division then shall be allocated to the eligible legal	537
aid society that serves the county and that has applied for	538
financial assistance under this section. For purposes of this	539
division, the source of data identifying the number of indigent	540
persons who reside in a county shall be the most recent decennial	541
censusselected by the Ohio legal assistance foundation from the	542
best available figures frommaintained by the United States	543
department of commerce, division of census bureau.	544

(E) If the Ohio legal assistance foundation, in attempting to	545
make an allocation of moneys under division (D)(2) of this	546
section, determines that a county that has been apportioned money	547
under that division is served by more than one eligible legal aid	548
society that has applied for financial assistance under this	549
section, the Ohio legal assistance foundation shall allocate the	550
moneys that have been apportioned to that county under division	551
(D)(2) of this section among all eligible legal aid societies that	552
serve that county and that have applied for financial assistance	553
under this section on a pro rata basis, so that each such eligible	554
society is allocated a portion based upon the amount of its total	555
budget expended in the prior calendar year for legal services in	556
that county as compared to the total amount expended in the prior	557
calendar year for legal services in that county by all eligible	558
legal aid societies that serve that county and that have applied	559
for financial assistance under this section.	560

(F) Moneys allocated to eligible applicants under this	561
section shall be paid monthly beginning the calendar year	562
following the calendar year in which the application is filed.	563

(G)(1) A legal aid society that receives financial assistance	564
in any calendar year under this section shall file an annual	565
report with the Ohio legal assistance foundation detailing the	566
number and types of cases handled, and the amount and types of	567
legal training, legal technical assistance, and other service	568
provided, by means of that financial assistance. No information	569
contained in the report shall identify or enable the	570
identification of any person served by the legal aid society or in	571
any way breach client confidentiality.	572

(2) The Ohio legal assistance foundation shall make an annual	573
report to the governor, the general assembly, and the supreme	574
court on the distribution and use of the legal aid fund. The	575
foundation also shall include in the annual report an audited	576
financial statement of all gifts, bequests, donations,	577
contributions, and other moneys the foundation receives. No	578
information contained in the report shall identify or enable the	579
identification of any person served by a legal aid society, or in	580
any way breach confidentiality.	581

(H) A legal aid society may enter into agreements for the	582
provision of services, programs, training, or legal technical	583
assistance for the legal aid society or to indigent persons.	584

Sec. 124.42.  No person shall be eligible to receive an	585
original appointment as a firefighter in a fire department,	586
subject to the civil service laws of this state, unless the person	587
has reached the age of eighteen and has, not more than one hundred	588
twenty days prior to receiving such appointment, passed a physical	589
examination, given by a licensed physician, a pysicianphysician	590
assistant, a clinical nurse specialist, a certified nurse	591
practitioner, or a certified nurse-midwife, certifying that the	592
applicant is free of cardiovascular and pulmonary diseases, and	593
showing that the person meets the physical requirements necessary	594
to perform the duties of a firefighter as established by the civil	595
service commission having jurisdiction over the appointment. The	596
appointing authority shall, prior to making any such appointment,	597
file with the Ohio police and fire pension fund a copy of the	598
report or findings of said licensed physician, physician	599
assistant, clinical nurse specialist, certified nurse	600
practitioner, or certified nurse-midwife. The professional fee for	601
such physical examination shall be paid by the civil service	602
commission. No person shall be eligible to receive an original	603
appointment on and after the person's thirty-firstforty-first	604
birthday.	605

Notwithstanding this section, a municipal council may enact	606
an ordinance providing that a person between the age of eighteen	607
and thirty-sixforty may receive an original appointment to the	608
fire department, or the board of trustees of a civil service	609
township may do so by resolution. Nothing in this section shall	610
prevent a municipal corporation or civil service township from	611
establishing a fire cadet program and employing persons as fire	612
cadets at age eighteen for the purpose of training persons to	613
become firefighters. The board of trustees of a civil service	614
township may establish by resolution such a cadet program. A	615
person participating in a municipal or township fire cadet program	616
shall not be permitted to carry or use any firearm in the	617
performance of the person's duties.	618

Sec. 125.183.  (A)(1) There is hereby created the statewide	619
emergency services internet protocol network steering committee,	620
consisting of the following ten members:	621

(a) The state chief information officer or the officer's	622
designee;	623

(b) Two members of the house of representatives appointed by	624
the speaker, one from the majority party and one from the minority	625
party;	626

(c) Two members of the senate appointed by the president, one	627
from the majority party and one from the minority party;	628

(d) Five members appointed by the governor.

629

(2) In appointing the five members under division (A)(1)(d)	630
of this section, the governor shall appoint two representatives of	631
the county commissioners' association of Ohio or a successor	632
organization, two representatives of the Ohio municipal league or	633
a successor organization, and one representative of the Ohio	634
township association or a successor organization. For each of	635
these appointments, the governor shall consider a nominee proposed	636
by the association or successor organization. The governor may	637
reject any of the nominees and may request that a nominating	638
entity submit alternative nominees.	639

(3) Initial appointments shall be made not later than ten	640
days after the effective date of this section.	641

(B)(1) The state chief information officer or the officer's	642
designee shall serve as the chairperson of the committee and shall	643
be a nonvoting member. All other members shall be voting members.	644

(2) A member of the committee appointed from the membership	645
of the senate or the house of representatives shall serve during	646
the member's term as a member of the general assembly and until a	647
successor is appointed and qualified, notwithstanding adjournment	648
of the general assembly or the expiration of the member's term as	649
a member of the general assembly.	650

(3) The initial terms of one of the representatives of the	651
county commissioners' association of Ohio, one of the	652
representatives of the Ohio municipal league, and the	653
representative of the Ohio township association shall all expire	654
on December 31, 2016. The initial terms of the other	655
representatives of the county commissioners' association of Ohio	656
and the Ohio municipal league shall expire on December 31, 2014.	657
Thereafter, terms of the members appointed by the governor shall	658
be for four years, with each term ending on the same day of the	659
same month as the term it succeeds. Each member appointed by the	660
governor shall hold office from the date of the member's	661
appointment until the end of the term for which the member was	662
appointed, and may be reappointed. A member appointed by the	663
governor shall continue in office after the expiration date of the	664
member's term until the member's successor takes office or until a	665
period of sixty days has elapsed, whichever occurs first. Members	666
appointed by the governor shall serve without compensation and	667
shall not be reimbursed for expenses.	668

(4) A vacancy in the position of any member of the committee	669
shall be filled for the unexpired term in the same manner as the	670
original appointment.	671

(C) The committee shall generally advise the state on the	672
implementation, operation, and maintenance of a statewide	673
emergency services internet protocol network that would support	674
state and local government next-generation 9-1-1 and the dispatch	675
of emergency service providers. The committee shall do all of the	676
following:	677

(1) On or before November 15, 2012, deliver an initial report	678
to the speaker of the house of representatives, the president of	679
the senate, and the governor providing recommendations for the	680
state to address the development of a statewide emergency services	681
internet protocol network, including a review of the current	682
funding model for this state's 9-1-1 systems;	683

(2) Examine the readiness of the state's current technology	684
infrastructure for a statewide emergency services internet	685
protocol network;	686

(3) Research legislative authority with regard to governance	687
and funding of a statewide emergency services internet protocol	688
network, and provide recommendations on best practices to limit	689
duplicative efforts to ensure an effective transition to	690
next-generation 9-1-1;	691

(4) Make recommendations for consolidation of	692
public-safety-answering-point operations in this state, to	693
accommodate next-generation 9-1-1 technology and to facilitate a	694
more efficient and effective emergency services system;	695

(5) Recommend policies, procedures, and statutory or	696
regulatory authority to effectively govern a statewide emergency	697
services internet protocol network;	698

(6) Designate a next-generation 9-1-1 statewide coordinator	699
to serve as the primary point of contact for federal initiatives;	700

(7) Coordinate with statewide initiatives and associations	701
such as the state interoperable executive committee, the Ohio	702
geographically referenced information program council, the Ohio	703
multi-agency radio communications system steering committee, and	704
other interested parties.	705

(D) The committee shall hold its inaugural meeting not later	706
than thirty days after the effective date of this section.	707
Thereafter, the committee shall meet at least once a month, either	708
in person or utilizing telecommunication-conferencing technology.	709
A majority of the voting members shall constitute a quorum.	710

(E)(1) The committee shall have a permanent	711
technical-standards subcommittee and a permanent	712
public-safety-answering-point-operations subcommittee, and may,	713
from time to time, establish additional subcommittees, to advise	714
and assist the committee based upon the subcommittees' areas of	715
expertise.	716

(2) The membership of subcommittees shall be determined by	717
the committee.	718

(a) The technical-standards subcommittee shall include one	719
member representing a wireline or wireless service provider that	720
participates in the state's 9-1-1 system, one representative of	721
the Ohio academic resources network, one representative of the	722
Ohio multi-agency radio communications system steering committee,	723
one representative of the Ohio geographically referenced	724
information program, and one member representing each of the	725
following associations selected by the committee from nominations	726
received from that association:	727

(i) The Ohio telephone association;

728

(ii) The Ohio chapter of the association of public-safety	729
communications officials;	730

(iii) The Ohio chapter of the national emergency number	731
association.	732

(b) The public-safety-answering-point-operations subcommittee	733
shall include one member representing the division of emergency	734
management of the department of public safety, one member	735
representing the state highway patrol, two members recommended by	736
the county commissioners' association of Ohio who are managers of	737
public safety answering points, two members recommended by the	738
Ohio municipal league who are managers of public safety answering	739
points, and one member from each of the following associations	740
selected by the committee from nominations received from that	741
association:	742

(i) The buckeye state sheriffs' association;

743

(ii) The Ohio association of chiefs of police;

744

(iii) The Ohio association of fire chiefs;

745

(iv) The Ohio chapter of the association of public-safety	746
communications officials;	747

(v) The Ohio chapter of the national emergency number	748
association.	749

(F) The committee is not an agency, as defined in section	750
101.82 of the Revised Code, for purposes of sections 101.82 to	751
101.87 of the Revised Code.	752

(G) As used in this section, "9-1-1 system," "wireless	753
service provider," "wireline service provider," "emergency service	754
provider," and "public safety answering point" have the same	755
meanings as in section 4931.40 of the Revised Code.	756

Sec. 305.171. The following applies until the department of	757
administrative services implements for counties the health care	758
plans under section 9.901 of the Revised Code. If those plans do	759
not include or address any benefits listed in division (A) of this	760
section, the following provisions continue in effect for those	761
benefits.	762

(A) The board of county commissioners of any county may	763
contract for, purchase, or otherwise procure and pay all or any	764
part of the cost of any of the following insurance, coverage, or	765
benefits issued by an insurance company or administered by a board	766
of county commissioners or a contractor, for county officers and	767
employees and their immediate dependents from the funds or budgets	768
from which the county officers or employees are compensated for	769
services:	770

(1) Group insurance policies that may provide any of the	771
following:	772

(a) Benefits including, but not limited to, hospitalization,	773
surgical care, major medical care, disability, dental care, eye	774
care, medical care, hearing aids, or prescription drugs;	775

(b) Sickness and accident insurance;

776

(c) Group legal services;

777

(d) Group life insurance.

778

(2) Any other qualified benefit available under section 125	779
of the "Internal Revenue Code of 1986," 26 U.S.C. 125;	780

(3) A health and wellness benefit program through which the	781
county provides a benefit or incentive to county officers,	782
employees, and their immediate dependents to maintain a healthy	783
lifestyle, including, but not limited to, programs to encourage	784
healthy eating and nutrition, exercise and physical activity,	785
weight control or the elimination of obesity, and cessation of	786
smoking or alcohol use.	787

(4) Any combination of any of the foregoing types of	788
insurance, coverage, or benefits.	789

(B) The board of county commissioners also may negotiate and	790
contract for any plan or plans of health care services with health	791
insuring corporations holding a certificate of authority under	792
Chapter 1751. of the Revised Code, provided that each county	793
officer or employee shall be permitted to do both of the	794
following:	795

(1) Exercise an option between a plan offered by an insurance	796
company and a plan or plans offered by health insuring	797
corporations under this division, on the condition that the county	798
officer or employee shall pay any amount by which the cost of the	799
plan chosen by the county officer or employee pursuant to this	800
division exceeds the cost of the plan offered under division (A)	801
of this section;	802

(2) Change from one of the plans to another at a time each	803
year as determined by the board.	804

(C) Section 307.86 of the Revised Code does not apply to the	805
purchase of benefits for county officers or employees under	806
divisions (A) and (B) of this section when those benefits are	807
provided through a jointly administered health and welfare trust	808
fund in which the county or contracting authority and a collective	809
bargaining representative of the county employees or contracting	810
authority agree to participate.	811

(D) The board of trustees of a jointly administered trust	812
fund that receives contributions pursuant to collective bargaining	813
agreements entered into between the board of county commissioners	814
of any county and a collective bargaining representative of the	815
employees of the county may provide for self-insurance of all risk	816
in the provision of fringe benefits, and may provide through the	817
self-insurance method specific fringe benefits as authorized by	818
the rules of the board of trustees of the jointly administered	819
trust fund. The fringe benefits may include, but are not limited	820
to, hospitalization, surgical care, major medical care,	821
disability, dental care, vision care, medical care, hearing aids,	822
prescription drugs, group life insurance, sickness and accident	823
insurance, group legal services, or a combination of any of the	824
foregoing types of insurance or coverage, for county employees and	825
their dependents.	826

(E) The board of county commissioners may provide the	827
benefits described in divisions (A) to (D) of this section through	828
an individual self-insurance program or a joint self-insurance	829
program as provided in section 9.833 of the Revised Code.	830

(F) When a board of county commissioners offers benefits	831
authorized under this section to a county officer or employee, the	832
board may offer the benefits through a cafeteria plan meeting the	833
requirements of section 125 of the "Internal Revenue Code of	834
1986," 100 Stat. 2085, 26 U.S.C.A. 125, as amended, and, as part	835
of that plan, may offer the county officer or employee the option	836
of receiving a cash payment in any form permissible under such	837
cafeteria plans. A cash payment made to a county officer or	838
employee under this division shall not exceed twenty-five per cent	839
of the cost of premiums or payments that otherwise would be paid	840
by the board for benefits for the county officer or employee under	841
a policy or plan.	842

(G) The board of county commissioners may establish a policy	843
authorizing any county appointing authority to make a cash payment	844
to any county officer or employee in lieu of providing a benefit	845
authorized under this section if the county officer or employee	846
elects to take the cash payment instead of the offered benefit. A	847
cash payment made to a county officer or employee under this	848
division shall not exceed twenty-five per cent of the cost of	849
premiums or payments that otherwise would be paid by the board for	850
benefits for the county officer or employee under an offered	851
policy or plan.	852

(H) No cash payment in lieu of a health benefit shall be made	853
to a county officer or employee under division (F) or (G) of this	854
section unless the county officer or employee signs a statement	855
affirming that the county officer or employee is covered under	856
another health insurance or health care policy, contract, or plan,	857
and setting forth the name of the employer, if any, that sponsors	858
the coverage, the name of the carrier that provides the coverage,	859
and the identifying number of the policy, contract, or plan.	860

(I) The legislative authority of a county-operated municipal	861
court, after consultation with the judges, or the clerk and deputy	862
clerks, of the municipal court, shall negotiate and contract for,	863
purchase, or otherwise procure, and pay the costs, premiums, or	864
charges for, group health care coverage for the judges, and group	865
health care coverage for the clerk and deputy clerks, in	866
accordance with section 1901.111 or 1901.312 of the Revised Code.	867

(J) As used in this section:

868

(1) "County officer or employee" includes, but is not limited	869
to, a member or employee of the county board of elections.	870

(2) "County-operated municipal court" and "legislative	871
authority" have the same meanings as in section 1901.03 of the	872
Revised Code.	873

(3) "Health care coverage" has the same meaning as in section	874
1901.111 of the Revised Code.	875

Sec. 307.12.  (A) Except as otherwise provided in divisions	876
(D), (E), and (G) of this section, when the board of county	877
commissioners finds, by resolution, that the county has personal	878
property, including motor vehicles acquired for the use of county	879
officers and departments, and road machinery, equipment, tools, or	880
supplies, that is not needed for public use, is obsolete, or is	881
unfit for the use for which it was acquired, and when the fair	882
market value of the property to be sold or donated under this	883
division is, in the opinion of the board, in excess of two	884
thousand five hundred dollars, the board may do either of the	885
following:	886

(1) Sell the property at public auction or by sealed bid to	887
the highest bidder. Notice of the time, place, and manner of the	888
sale shall be published in a newspaper of general circulation in	889
the county at least ten days prior to the sale, and a typewritten	890
or printed notice of the time, place, and manner of the sale shall	891
be posted at least ten days before the sale in the offices of the	892
county auditor and the board of county commissioners.	893

If a board conducts a sale of property by sealed bid, the	894
form of the bid shall be as prescribed by the board, and each bid	895
shall contain the name of the person submitting it. Bids received	896
shall be opened and tabulated at the time stated in the notice.	897
The property shall be sold to the highest bidder, except that the	898
board may reject all bids and hold another sale, by public auction	899
or sealed bid, in the manner prescribed by this section.	900

(2) Donate any motor vehicle that does not exceed four	901
thousand five hundred dollars in value to a nonprofit organization	902
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	903
and (c)(3) for the purpose of meeting the transportation needs of	904
participants in the Ohio works first program established under	905
Chapter 5107. of the Revised Code and participants in the	906
prevention, retention, and contingency program established under	907
Chapter 5108. of the Revised Code.	908

(B) When the board of county commissioners finds, by	909
resolution, that the county has personal property, including motor	910
vehicles acquired for the use of county officers and departments,	911
and road machinery, equipment, tools, or supplies, that is not	912
needed for public use, is obsolete, or is unfit for the use for	913
which it was acquired, and when the fair market value of the	914
property to be sold or donated under this division is, in the	915
opinion of the board, two thousand five hundred dollars or less,	916
the board may do either of the following:	917

(1) Sell the property by private sale, without advertisement	918
or public notification;	919

(2) Donate the property to an eligible nonprofit organization	920
that is located in this state and is exempt from federal income	921
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating	922
any property under this division, the board shall adopt a	923
resolution expressing its intent to make unneeded, obsolete, or	924
unfit-for-use county personal property available to these	925
organizations. The resolution shall include guidelines and	926
procedures the board considers necessary to implement a donation	927
program under this division and shall indicate whether the county	928
will conduct the donation program or the board will contract with	929
a representative to conduct it. If a representative is known when	930
the resolution is adopted, the resolution shall provide contact	931
information such as the representative's name, address, and	932
telephone number.	933

The resolution shall include within its procedures a	934
requirement that any nonprofit organization desiring to obtain	935
donated property under this division shall submit a written notice	936
to the board or its representative. The written notice shall	937
include evidence that the organization is a nonprofit organization	938
that is located in this state and is exempt from federal income	939
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	940
the organization's primary purpose; a description of the type or	941
types of property the organization needs; and the name, address,	942
and telephone number of a person designated by the organization's	943
governing board to receive donated property and to serve as its	944
agent.	945

After adoption of the resolution, the board shall publish, in	946
a newspaper of general circulation in the county, notice of its	947
intent to donate unneeded, obsolete, or unfit-for-use county	948
personal property to eligible nonprofit organizations. The notice	949
shall include a summary of the information provided in the	950
resolution and shall be published twice or as provided in section	951
7.16 of the Revised Code. The second and any subsequent notice	952
shall be published not less than ten nor more than twenty days	953
after the previous notice. A similar notice also shall be posted	954
continually in a conspicuous place in the offices of the county	955
auditor and the board of county commissioners. If the county	956
maintains a web site on the internet, the notice shall be posted	957
continually at that web site.	958

The board or its representative shall maintain a list of all	959
nonprofit organizations that notify the board or its	960
representative of their desire to obtain donated property under	961
this division and that the board or its representative determines	962
to be eligible, in accordance with the requirements set forth in	963
this section and in the donation program's guidelines and	964
procedures, to receive donated property.	965

The board or its representatives also shall maintain a list	966
of all county personal property the board finds to be unneeded,	967
obsolete, or unfit for use and to be available for donation under	968
this division. The list shall be posted continually in a	969
conspicuous location in the offices of the county auditor and the	970
board of county commissioners, and, if the county maintains a web	971
site on the internet, the list shall be posted continually at that	972
web site. An item of property on the list shall be donated to the	973
eligible nonprofit organization that first declares to the board	974
or its representative its desire to obtain the item unless the	975
board previously has established, by resolution, a list of	976
eligible nonprofit organizations that shall be given priority with	977
respect to the item's donation. Priority may be given on the basis	978
that the purposes of a nonprofit organization have a direct	979
relationship to specific public purposes of programs provided or	980
administered by the board. A resolution giving priority to certain	981
nonprofit organizations with respect to the donation of an item of	982
property shall specify the reasons why the organizations are given	983
that priority.	984

(C) Members of the board of county commissioners shall	985
consult with the Ohio ethics commission, and comply with the	986
provisions of Chapters 102. and 2921. of the Revised Code, with	987
respect to any sale or donation under division (A) or (B) of this	988
section to a nonprofit organization of which a county	989
commissioner, any member of the county commissioner's family, or	990
any business associate of the county commissioner is a trustee,	991
officer, board member, or employee.	992

(D) Notwithstanding anything to the contrary in division (A),	993
(B), or (E) of this section and regardless of the property's	994
value, the board of county commissioners may sell or donate county	995
personal property, including motor vehicles, to the federal	996
government, the state, any political subdivision of the state, or	997
a county land reutilization corporation without advertisement or	998
public notification.	999

(E) Notwithstanding anything to the contrary in division (A),	1000
(B), or (G) of this section and regardless of the property's	1001
value, the board of county commissioners may sell personal	1002
property, including motor vehicles acquired for the use of county	1003
officers and departments, and road machinery, equipment, tools, or	1004
supplies, that is not needed for public use, is obsolete, or is	1005
unfit for the use for which it was acquired, by internet auction.	1006
The board shall adopt, during each calendar year, a resolution	1007
expressing its intent to sell that property by internet auction.	1008
The resolution shall include a description of how the internet	1009
auctions will be conducted and shall specify the number of days	1010
for bidding on the property, which shall be no less than ten days,	1011
including Saturdays, Sundays, and legal holidays. The resolution	1012
shall indicate whether the county will conduct the auction	1013
internet auctions or the board will contract with a representative	1014
to conduct the auctioninternet auctions and shall establish the	1015
general terms and conditions of sale. If a representative is known	1016
when the resolution is adopted, the resolution shall provide	1017
contact information such as the representative's name, address,	1018
and telephone number.	1019

After adoption of the resolution, the board shall publish, in	1020
a newspaper of general circulation in the county, notice of its	1021
intent to sell unneeded, obsolete, or unfit-for-use county	1022
personal property by internet auction. The notice shall include a	1023
summary of the information provided in the resolution and shall be	1024
published twice or as provided in section 7.16 of the Revised	1025
Code. The second and any subsequent notice shall be published not	1026
less than ten nor more than twenty days after the previous notice.	1027
A similar notice also shall be posted continually throughout the	1028
calendar year in a conspicuous place in the offices of the county	1029
auditor and the board of county commissioners. If the county	1030
maintains a web site on the internet, the notice shall be posted	1031
continually throughout the calendar year at that web site.	1032

When property is to be sold by internet auction, the board or	1033
its representative may establish a minimum price that will be	1034
accepted for specific items and may establish any other terms and	1035
conditions for thea particular sale, including requirements for	1036
pick-up or delivery, method of payment, and sales tax. This type	1037
of information shall be provided on the internet at the time of	1038
the auction and may be provided before that time upon request	1039
after the terms and conditions have been determined by the board	1040
or its representative.	1041

(F) When a county officer or department head determines that	1042
county-owned personal property under the jurisdiction of the	1043
officer or department head, including motor vehicles, road	1044
machinery, equipment, tools, or supplies, is not of immediate	1045
need, the county officer or department head may notify the board	1046
of county commissioners, and the board may lease that personal	1047
property to any municipal corporation, township, other political	1048
subdivision of the state, or to a county land reutilization	1049
corporation. The lease shall require the county to be reimbursed	1050
under terms, conditions, and fees established by the board, or	1051
under contracts executed by the board.	1052

(G) If the board of county commissioners finds, by	1053
resolution, that the county has vehicles, equipment, or machinery	1054
that is not needed, or is unfit for public use, and the board	1055
desires to sell the vehicles, equipment, or machinery to the	1056
person or firm from which it proposes to purchase other vehicles,	1057
equipment, or machinery, the board may offer to sell the vehicles,	1058
equipment, or machinery to that person or firm, and to have the	1059
selling price credited to the person or firm against the purchase	1060
price of other vehicles, equipment, or machinery.	1061

(H) If the board of county commissioners advertises for bids	1062
for the sale of new vehicles, equipment, or machinery to the	1063
county, it may include in the same advertisement a notice of the	1064
willingness of the board to accept bids for the purchase of	1065
county-owned vehicles, equipment, or machinery that is obsolete or	1066
not needed for public use, and to have the amount of those bids	1067
subtracted from the selling price of the other vehicles,	1068
equipment, or machinery as a means of determining the lowest	1069
responsible bidder.	1070

(I) If a board of county commissioners determines that county	1071
personal property is not needed for public use, or is obsolete or	1072
unfit for the use for which it was acquired, and that the property	1073
has no value, the board may discard or salvage that property.	1074

(J) A county engineer, in the engineer's discretion, may	1075
dispose of scrap construction materials on such terms as the	1076
engineer determines reasonable, including disposal without	1077
recovery of costs, if the total value of the materials does not	1078
exceed twenty-five thousand dollars. The engineer shall maintain	1079
records of all dispositions made under this division, including	1080
identification of the origin of the materials, the final	1081
disposition, and copies of all receipts resulting from the	1082
dispositions.	1083

As used in division (I) of this section, "scrap construction	1084
materials" means construction materials that result from a road or	1085
bridge improvement, remain after the improvement is completed, and	1086
are not reusable. Construction material that is metal and that	1087
results from a road or bridge improvement and remains after the	1088
improvement is completed is scrap construction material only if it	1089
cannot be used in any other road or bridge improvement or other	1090
project in its current state.	1091

Sec. 307.86.  Anything to be purchased, leased, leased with	1092
an option or agreement to purchase, or constructed, including, but	1093
not limited to, any product, structure, construction,	1094
reconstruction, improvement, maintenance, repair, or service,	1095
except the services of an accountant, architect, attorney at law,	1096
physician, professional engineer, construction project manager,	1097
consultant, surveyor, or appraiser, by or on behalf of the county	1098
or contracting authority, as defined in section 307.92 of the	1099
Revised Code, at a cost in excess of twenty-fivefifty thousand	1100
dollars, except as otherwise provided in division (D) of section	1101
713.23 and in sections 9.48, 125.04, 125.60 to 125.6012, 307.022,	1102
307.041, 307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35,	1103
5119.16, 5513.01, 5543.19, 5713.01, and 6137.05 of the Revised	1104
Code, shall be obtained through competitive bidding. However,	1105
competitive bidding is not required when any of the following	1106
applies:	1107

(A) The board of county commissioners, by a unanimous vote of	1108
its members, makes a determination that a real and present	1109
emergency exists, and that determination and the reasons for it	1110
are entered in the minutes of the proceedings of the board, when	1111
either of the following applies:	1112

(1) The estimated cost is less than fiftyone hundred	1113
thousand dollars.	1114

(2) There is actual physical disaster to structures, radio	1115
communications equipment, or computers.	1116

For purposes of this division, "unanimous vote" means all	1117
three members of a board of county commissioners when all three	1118
members are present, or two members of the board if only two	1119
members, constituting a quorum, are present.	1120

Whenever a contract of purchase, lease, or construction is	1121
exempted from competitive bidding under division (A)(1) of this	1122
section because the estimated cost is less than fiftyone hundred	1123
thousand dollars, but the estimated cost is twenty-fivefifty	1124
thousand dollars or more, the county or contracting authority	1125
shall solicit informal estimates from no fewer than three persons	1126
who could perform the contract, before awarding the contract. With	1127
regard to each such contract, the county or contracting authority	1128
shall maintain a record of such estimates, including the name of	1129
each person from whom an estimate is solicited. The county or	1130
contracting authority shall maintain the record for the longer of	1131
at least one year after the contract is awarded or the amount of	1132
time the federal government requires.	1133

(B)(1) The purchase consists of supplies or a replacement or	1134
supplemental part or parts for a product or equipment owned or	1135
leased by the county, and the only source of supply for the	1136
supplies, part, or parts is limited to a single supplier.	1137

(2) The purchase consists of services related to information	1138
technology, such as programming services, that are proprietary or	1139
limited to a single source.	1140

(C) The purchase is from the federal government, the state,	1141
another county or contracting authority of another county, or a	1142
board of education, educational service center, township, or	1143
municipal corporation.	1144

(D) The purchase is made by a county department of job and	1145
family services under section 329.04 of the Revised Code and	1146
consists of family services duties or workforce development	1147
activities or is made by a county board of developmental	1148
disabilities under section 5126.05 of the Revised Code and	1149
consists of program services, such as direct and ancillary client	1150
services, child care, case management services, residential	1151
services, and family resource services.	1152

(E) The purchase consists of criminal justice services,	1153
social services programs, family services, or workforce	1154
development activities by the board of county commissioners from	1155
nonprofit corporations or associations under programs funded by	1156
the federal government or by state grants.	1157

(F) The purchase consists of any form of an insurance policy	1158
or contract authorized to be issued under Title XXXIX of the	1159
Revised Code or any form of health care plan authorized to be	1160
issued under Chapter 1751. of the Revised Code, or any combination	1161
of such policies, contracts, plans, or services that the	1162
contracting authority is authorized to purchase, and the	1163
contracting authority does all of the following:	1164

(1) Determines that compliance with the requirements of this	1165
section would increase, rather than decrease, the cost of the	1166
purchase;	1167

(2) Requests issuers of the policies, contracts, plans, or	1168
services to submit proposals to the contracting authority, in a	1169
form prescribed by the contracting authority, setting forth the	1170
coverage and cost of the policies, contracts, plans, or services	1171
as the contracting authority desires to purchase;	1172

(3) Negotiates with the issuers for the purpose of purchasing	1173
the policies, contracts, plans, or services at the best and lowest	1174
price reasonably possible.	1175

(G) The purchase consists of computer hardware, software, or	1176
consulting services that are necessary to implement a computerized	1177
case management automation project administered by the Ohio	1178
prosecuting attorneys association and funded by a grant from the	1179
federal government.	1180

(H) Child care services are purchased for provision to county	1181
employees.	1182

(I)(1) Property, including land, buildings, and other real	1183
property, is leased for offices, storage, parking, or other	1184
purposes, and all of the following apply:	1185

(a) The contracting authority is authorized by the Revised	1186
Code to lease the property.	1187

(b) The contracting authority develops requests for proposals	1188
for leasing the property, specifying the criteria that will be	1189
considered prior to leasing the property, including the desired	1190
size and geographic location of the property.	1191

(c) The contracting authority receives responses from	1192
prospective lessors with property meeting the criteria specified	1193
in the requests for proposals by giving notice in a manner	1194
substantially similar to the procedures established for giving	1195
notice under section 307.87 of the Revised Code.	1196

(d) The contracting authority negotiates with the prospective	1197
lessors to obtain a lease at the best and lowest price reasonably	1198
possible considering the fair market value of the property and any	1199
relocation and operational costs that may be incurred during the	1200
period the lease is in effect.	1201

(2) The contracting authority may use the services of a real	1202
estate appraiser to obtain advice, consultations, or other	1203
recommendations regarding the lease of property under this	1204
division.	1205

(J) The purchase is made pursuant to section 5139.34 or	1206
sections 5139.41 to 5139.46 of the Revised Code and is of programs	1207
or services that provide case management, treatment, or prevention	1208
services to any felony or misdemeanant delinquent, unruly youth,	1209
or status offender under the supervision of the juvenile court,	1210
including, but not limited to, community residential care, day	1211
treatment, services to children in their home, or electronic	1212
monitoring.	1213

(K) The purchase is made by a public children services agency	1214
pursuant to section 307.92 or 5153.16 of the Revised Code and	1215
consists of family services, programs, or ancillary services that	1216
provide case management, prevention, or treatment services for	1217
children at risk of being or alleged to be abused, neglected, or	1218
dependent children.	1219

(L) The purchase is to obtain the services of emergency	1220
medical service organizations under a contract made by the board	1221
of county commissioners pursuant to section 307.05 of the Revised	1222
Code with a joint emergency medical services district.	1223

(M) The county contracting authority determines that the use	1224
of competitive sealed proposals would be advantageous to the	1225
county and the contracting authority complies with section 307.862	1226
of the Revised Code.	1227

Any issuer of policies, contracts, plans, or services listed	1228
in division (F) of this section and any prospective lessor under	1229
division (I) of this section may have the issuer's or prospective	1230
lessor's name and address, or the name and address of an agent,	1231
placed on a special notification list to be kept by the	1232
contracting authority, by sending the contracting authority that	1233
name and address. The contracting authority shall send notice to	1234
all persons listed on the special notification list. Notices shall	1235
state the deadline and place for submitting proposals. The	1236
contracting authority shall mail the notices at least six weeks	1237
prior to the deadline set by the contracting authority for	1238
submitting proposals. Every five years the contracting authority	1239
may review this list and remove any person from the list after	1240
mailing the person notification of that action.	1241

Any contracting authority that negotiates a contract under	1242
division (F) of this section shall request proposals and negotiate	1243
with issuers in accordance with that division at least every three	1244
years from the date of the signing of such a contract, unless the	1245
parties agree upon terms for extensions or renewals of the	1246
contract. Such extension or renewal periods shall not exceed six	1247
years from the date the initial contract is signed.	1248

Any real estate appraiser employed pursuant to division (I)	1249
of this section shall disclose any fees or compensation received	1250
from any source in connection with that employment.	1251

Sec. 307.861.  The county or contracting authority, as	1252
defined in section 307.92 of the Revised Code, may renew a lease	1253
which has been entered into for electronic data processing	1254
equipment, services, or systems, or a radio communications system	1255
at a cost in excess of tenfifty thousand dollars as follows:	1256

(A) The lessor shall submit a written bid to the county or	1257
contracting authority whichthat is the lessee under the lease,	1258
stating the terms under which the lease would be renewed,	1259
including the length of the renewal lease, and the cost of the	1260
renewal lease to the county or contracting authority. The county	1261
or contracting authority may require the lessor to submit a bond	1262
with the bid.	1263

(B) The county or contracting authority shall advertise for	1264
and receive competitive bids, as provided in sections 307.87 to	1265
307.90 of the Revised Code, for a lease under the same terms and	1266
for the same period as provided in the bid of the lessor submitted	1267
under division (A) of this section.	1268

(C) The county or contracting authority may renew the lease	1269
with the lessor only if the bid submitted by the lessor under	1270
division (A) of this section is an amount less than the lowest and	1271
best bid submitted pursuant to competitive bidding under division	1272
(B) of this section.	1273

Sec. 307.87.  Where competitive bidding is required by	1274
section 307.86 of the Revised Code, notice thereof shall be given	1275
in the following manner:	1276

(A) Notice shall be published once a week for not less than	1277
two consecutive weeks preceding the day of the opening of bids in	1278
a newspaper of general circulation within the county for any	1279
purchase, lease, lease with option or agreement to purchase, or	1280
construction contract in excess of twenty-fivefifty thousand	1281
dollars. The contracting authority may also cause notice to be	1282
inserted in trade papers or other publications designated by it or	1283
to be distributed by electronic means, including posting the	1284
notice on the contracting authority's internet site on the world	1285
wide web. If the contracting authority posts the notice on that	1286
location on the world wide web, it may eliminate the second notice	1287
otherwise required to be published in a newspaper of general	1288
circulation within the county, provided that the first notice	1289
published in such a newspaper meets all of the following	1290
requirements:	1291

(1) It is published at least two weeks before the opening of	1292
bids.	1293

(2) It includes a statement that the notice is posted on the	1294
contracting authority's internet site on the world wide web.	1295

(3) It includes the internet address of the contracting	1296
authority's internet site on the world wide web.	1297

(4) It includes instructions describing how the notice may be	1298
accessed on the contracting authority's internet site on the world	1299
wide web.	1300

(B) Notices shall state all of the following:

1301

(1) A general description of the subject of the proposed	1302
contract and the time and place where the plans and specifications	1303
or itemized list of supplies, facilities, or equipment and	1304
estimated quantities can be obtained or examined;	1305

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

1306

(3) The time and place for filing bids;

1307

(4) The terms of the proposed purchase;

1308

(5) Conditions under which bids will be received;

1309

(6) The existence of a system of preference, if any, for	1310
products mined and produced in Ohio and the United States adopted	1311
pursuant to section 307.90 of the Revised Code.	1312

(C) The contracting authority shall also maintain in a public	1313
place in its office or other suitable public place a bulletin	1314
board upon which it shall post and maintain a copy of such notice	1315
for at least two weeks preceding the day of the opening of the	1316
bids.	1317

Sec. 307.88.  (A) Bids submitted pursuant to sections 307.86	1318
to 307.92 of the Revised Code shall be in a form prescribed by the	1319
contracting authority and filed in the manner and at the time and	1320
place mentioned in the notice. The bids received shall be opened	1321
and tabulated at the time stated in the notice. Each bid shall	1322
contain the full name of each person submitting the bid. If the	1323
bid is in excess of twenty-fivefifty thousand dollars and for a	1324
contract for the construction, demolition, alteration, repair, or	1325
reconstruction of an improvement, it shall meet the requirements	1326
of section 153.54 of the Revised Code. If the bid is in excess of	1327
twenty-five fifty thousand dollars and for any other contract	1328
authorized by sections 307.86 to 307.92 of the Revised Code, it	1329
shallmay be accompanied by a bond or certified check, cashier's	1330
check, or money order on a solvent bank or savings and loan	1331
association in a reasonable amount stated in the notice but not to	1332
exceed five per cent of the bid, conditioned that the bidder, if	1333
the bidder's bid is accepted, shall execute a contract in	1334
conformity to the invitation and the bid.	1335

(B) The board of county commissioners, by a unanimous vote of	1336
the entire board, may permit a contracting authority to exempt a	1337
bid from any or all of the requirements of section 153.54 of the	1338
Revised Code if the estimated cost is twenty-fiveone hundred	1339
thousand dollars or less. If the board exempts a bid from any but	1340
not all of those requirements, the bid notice published in the	1341
newspaper pursuant to section 307.87 of the Revised Code shall	1342
state the specific bid guaranty requirements that apply. If the	1343
board exempts a bid from all requirements of section 153.54 of the	1344
Revised Code, the notice shall state that none of the requirements	1345
of that section apply.	1346

Sec. 307.932.  (A) As used in this section:

1347

(1) "Division of parole and community services" means the	1348
division of parole and community services of the department of	1349
rehabilitation and correction.	1350

(2) "Eligible offender" means, in relation to a particular	1351
community alternative sentencing center or district community	1352
alternative sentencing center established and operated under	1353
division (E) of this section, an offender who has been convicted	1354
of or pleaded guilty to a qualifying misdemeanor offense, for whom	1355
no provision of the Revised Code or ordinance of a municipal	1356
corporation other than section 4511.19 of the Revised Code, both	1357
section 4510.14 and 4511.19 of the Revised Code, or an ordinance	1358
or ordinances of a municipal corporation that provide the	1359
penalties for a municipal OVI offense or for both a municipal OVI	1360
ordinance and a municipal DUS ordinance of the municipal	1361
corporation requires the imposition of a mandatory jail term for	1362
that qualifying misdemeanor offense, and who is eligible to be	1363
sentenced directly to that center and admitted to it under rules	1364
adopted under division (G) of this section by the board of county	1365
commissioners or affiliated group of boards of county	1366
commissioners that established and operates that center.	1367

(3) "Municipal OVI offense" has the same meaning as in	1368
section 4511.181 of the Revised Code.	1369

(4) "OVI term of confinement" means a term of confinement	1370
imposed for a violation of section 4511.19 of the Revised Code or	1371
for a municipal OVI offense, including any mandatory jail term or	1372
mandatory term of local incarceration imposed for that violation	1373
or offense.	1374

(5) "Community residential sanction" means a community	1375
residential sanction imposed under section 2929.26 of the Revised	1376
Code for a misdemeanor violation of a section of the Revised Code	1377
or a term of confinement imposed for a misdemeanor violation of a	1378
municipal ordinance that is not a jail term.	1379

(6) "Qualifying misdemeanor offense" means a violation of any	1380
section of the Revised Code that is a misdemeanor or a violation	1381
of any ordinance of a municipal corporation located in the county	1382
that is a misdemeanor.	1383

(7) "Municipal DUS offense" means a violation of a municipal	1384
ordinance that is substantially equivalent to section 4510.14 of	1385
the Revised Code.	1386

(B)(1) The board of county commissioners of any county, in	1387
consultation with the sheriff of the county, may formulate a	1388
proposal for a community alternative sentencing center that, upon	1389
implementation by the county or being subcontracted to or operated	1390
by a nonprofit organization, would be used for the confinement of	1391
eligible offenders sentenced directly to the center by a court	1392
located in the county pursuant to a community residential sanction	1393
of not more than thirty days or pursuant to an OVI term of	1394
confinement of not more than sixty days, and for the purpose of	1395
closely monitoring those eligible offenders' adjustment to	1396
community supervision. A board that formulates a proposal pursuant	1397
to this division shall do so by resolution.	1398

(2) The boards of county commissioners of two or more	1399
adjoining or neighboring counties, in consultation with the	1400
sheriffs of each of those counties, may affiliate and formulate by	1401
resolution adopted by each of them a proposal for a district	1402
community alternative sentencing center that, upon implementation	1403
by the counties or being subcontracted to or operated by a	1404
nonprofit organization, would be used for the confinement of	1405
eligible offenders sentenced directly to the center by a court	1406
located in any of those counties pursuant to a community	1407
residential sanction of not more than thirty days or pursuant to	1408
an OVI term of confinement of not more than sixty days, and for	1409
the purpose of closely monitoring those eligible offenders'	1410
adjustment to community supervision. Each board that affiliates	1411
with one or more other boards to formulate a proposal pursuant to	1412
this division shall formulate the proposal by resolution.	1413

(C) Each proposal for a community alternative sentencing	1414
center or a district community alternative sentencing center that	1415
is formulated under division (B)(1) or (2) of this section shall	1416
include proposals for operation of the center and for criteria to	1417
define which offenders are eligible to be sentenced directly to	1418
the center and admitted to it. At a minimum, the proposed criteria	1419
that define which offenders are eligible to be sentenced directly	1420
to the center and admitted to it shall provide all of the	1421
following:	1422

(1) That an offender is eligible to be sentenced directly to	1423
the center and admitted to it if the offender has been convicted	1424
of or pleaded guilty to a qualifying misdemeanor offense and is	1425
sentenced directly to the center for the qualifying misdemeanor	1426
offense pursuant to a community residential sanction of not more	1427
than thirty days or pursuant to an OVI term of confinement of not	1428
more than sixty days by a court that is located in the county or	1429
one of the counties served by the board of county commissioners or	1430
by any of the affiliated group of boards of county commissioners	1431
that submits the proposal;	1432

(2) That, except as otherwise provided in this division, no	1433
offender is eligible to be sentenced directly to the center or	1434
admitted to it if, in addition to the community residential	1435
sanction or OVI term of confinement described in division (C)(1)	1436
of this section, the offender is serving or has been sentenced to	1437
serve any other jail term, prison term, or community residential	1438
sanction. A mandatory jail term or electronic monitoring imposed	1439
in lieu of a mandatory jail term for a violation of section	1440
4511.19 of the Revised Code, for a municipal OVI offense, or for	1441
either such offense and a similar offense that exceeds sixty days	1442
of confinement shall not disqualify the offender from serving	1443
sixty days of the mandatory jail term at the center.	1444

(D) If a proposal for a community alternative sentencing	1445
center or a district community alternative sentencing center that	1446
is formulated under division (B)(1) or (2) of this section	1447
contemplates the use of an existing facility, or a part of an	1448
existing facility, as the center, nothing in this section limits,	1449
restricts, or precludes the use of the facility, the part of the	1450
facility, or any other part of the facility for any purpose other	1451
than as a community alternative sentencing center or district	1452
community alternative sentencing center.	1453

(E) The establishment and operation of a community	1454
alternative sentencing center or district community alternative	1455
sentencing center may be done by subcontracting with a nonprofit	1456
organization for the operation of the center.	1457

If a board of county commissioners or an affiliated group of	1458
boards of county commissioners establishes and operates a	1459
community alternative sentencing center or district community	1460
alternative sentencing center under this division, except as	1461
otherwise provided in this division, the center is not a minimum	1462
security jail under section 341.14, section 753.21, or any other	1463
provision of the Revised Code, is not a jail or alternative	1464
residential facility as defined in section 2929.01 of the Revised	1465
Code, is not required to satisfy or comply with minimum standards	1466
for minimum security jails or other jails that are promulgated	1467
under division (A) of section 5120.10 of the Revised Code, is not	1468
a local detention facility as defined in section 2929.36 of the	1469
Revised Code, and is not a residential unit as defined in section	1470
2950.01 of the Revised Code. The center is a detention facility as	1471
defined in sections 2921.01 and 2923.124 of the Revised Code, and	1472
an eligible offender confined in the center is under detention as	1473
defined in section 2921.01 of the Revised Code. Regarding persons	1474
sentenced directly to the center under an OVI term of confinement	1475
or under both an OVI term of confinement and confinement for a	1476
violation of section 4510.14 of the Revised Code or a municipal	1477
DUS offense, the center shall be considered a "jail" or "local	1478
correctional facility" for purposes of any provision in section	1479
4510.14 or 4511.19 of the Revised Code or in an ordinance of a	1480
municipal corporation that requires a mandatory jail term or	1481
mandatory term of local incarceration for the violation of section	1482
4511.19 of the Revised Code, the violation of both section 4510.14	1483
and 4511.19 of the Revised Code, the municipal OVI offense, or the	1484
municipal OVI offense and the municipal DUS offense, and a direct	1485
sentence of a person to the center under an OVI term of	1486
confinement or under both an OVI term of confinement and	1487
confinement for a violation of section 4510.14 of the Revised Code	1488
or a municipal DUS offense shall be considered to be a sentence to	1489
a "jail" or "local correctional facility" for purposes of any such	1490
provision in section 4510.14 or 4511.19 of the Revised Code or in	1491
an ordinance of a municipal corporation.	1492

(F)(1) If the board of county commissioners of a county that	1493
is being served by a community alternative sentencing center	1494
established pursuant to division (E) of this section determines	1495
that it no longer wants to be served by the center, the board may	1496
dissolve the center by adopting a resolution evidencing the	1497
determination to dissolve the center.	1498

(2) If the boards of county commissioners of all of the	1499
counties served by any district community alternative sentencing	1500
center established pursuant to division (E) of this section	1501
determine that they no longer want to be served by the center, the	1502
boards may dissolve the center by adopting in each county a	1503
resolution evidencing the determination to dissolve the center.	1504

(3) If at least one, but not all, of the boards of county	1505
commissioners of the counties being served by any district	1506
community alternative sentencing center established pursuant to	1507
division (E) of this section determines that it no longer wants to	1508
be served by the center, the board may terminate its involvement	1509
with the center by adopting a resolution evidencing the	1510
determination to terminate its involvement with the center. If at	1511
least one, but not all, of the boards of county commissioners of	1512
the counties being served by any community alternative sentencing	1513
center terminates its involvement with the center in accordance	1514
with this division, the other boards of county commissioners of	1515
the counties being served by the center may continue to be served	1516
by the center.	1517

(G) Prior to establishing or operating a community	1518
alternative sentencing center or a district community alternative	1519
sentencing center, the board of county commissioners or the	1520
affiliated group of boards of county commissioners that formulated	1521
the proposal shall adopt rules for the operation of the center.	1522
The rules shall include criteria that define which offenders are	1523
eligible to be sentenced directly to the center and admitted to	1524
it.	1525

(H) If a board of county commissioners establishes and	1526
operates a community alternative sentencing center under division	1527
(E) of this section, or an affiliated group of boards of county	1528
commissioners establishes and operates a district community	1529
alternative sentencing center under that division, all of the	1530
following apply:	1531

(1) Any court located within the county served by the board	1532
that establishes and operates a community correctional center may	1533
directly sentence eligible offenders to the center pursuant to a	1534
community residential sanction of not more than thirty days or	1535
pursuant to an OVI term of confinement, a combination of an OVI	1536
term of confinement and confinement for a violation of section	1537
4510.14 of the Revised Code, or confinement for a municipal DUS	1538
offense of not more than sixtyninety days. Any court located	1539
within a county served by any of the boards that establishes and	1540
operates a district community correctional center may directly	1541
sentence eligible offenders to the center pursuant to a community	1542
residential sanction of not more than thirty days or pursuant to	1543
an OVI term of confinement of not more than thirty days.	1544

(2) Each eligible offender who is sentenced to the center as	1545
described in division (H)(1) of this section and admitted to it	1546
shall be offered during the eligible offender's confinement at the	1547
center educational and vocational services and reentry planning	1548
and may be offered any other treatment and rehabilitative services	1549
that are available and that the court that sentenced the	1550
particular eligible offender to the center and the administrator	1551
of the center determine are appropriate based upon the offense for	1552
which the eligible offender was sentenced to the community	1553
residential sanction and the length of the sanction.	1554

(3) Before accepting an eligible offender sentenced to the	1555
center by a court, the board or the affiliated group of boards	1556
shall enter into an agreement with a political subdivision that	1557
operates that court that addresses the cost and payment of medical	1558
treatment or services received by eligible offenders sentenced by	1559
that court while they are confined in the center. The agreement	1560
may provide for the payment of the costs by the particular	1561
eligible offender who receives the treatment or services, as	1562
described in division (I) of this section.	1563

(4) If a court sentences an eligible offender to a center	1564
under authority of division (H)(1) of this section, immediately	1565
after the sentence is imposed, the eligible offender shall be	1566
taken to the probation department that serves the court. The	1567
department shall handle any preliminary matters regarding the	1568
admission of the eligible offender to the center, including a	1569
determination as to whether the eligible offender may be admitted	1570
to the center under the criteria included in the rules adopted	1571
under division (G) of this section that define which offenders are	1572
eligible to be sentenced and admitted to the center. If the	1573
eligible offender is accepted for admission to the center, the	1574
department shall schedule the eligible offender for the admission	1575
and shall provide for the transportation of the offender to the	1576
center. If an eligible offender who is sentenced to the center	1577
under a community residential sanction is not accepted for	1578
admission to the center for any reason, the nonacceptance shall be	1579
considered a violation of a condition of the community residential	1580
sanction, the eligible offender shall be taken before the court	1581
that imposed the sentence, and the court may proceed as specified	1582
in division (C)(2) of section 2929.25 of the Revised Code based on	1583
the violation or as provided by ordinance of the municipal	1584
corporation based on the violation, whichever is applicable. If an	1585
eligible offender who is sentenced to the center under an OVI term	1586
of confinement is not accepted for admission to the center for any	1587
reason, the eligible offender shall be taken before the court that	1588
imposed the sentence, and the court shall determine the place at	1589
which the offender is to serve the term of confinement. If the	1590
eligible offender is admitted to the center, all of the following	1591
apply:	1592

(a) The admission shall be under the terms and conditions	1593
established by the court and the administrator of the center, and	1594
the court and the administrator of the center shall provide for	1595
the confinement of the eligible offender and supervise the	1596
eligible offender as provided in divisions (H)(4)(b) to (f) of	1597
this section.	1598

(b) The eligible offender shall be confined in the center	1599
during any period of time that the eligible offender is not	1600
actually working at the eligible offender's approved work release	1601
described in division (H)(4)(c) of this section, engaged in	1602
community service activities described in division (H)(4)(d) of	1603
this section, engaged in authorized vocational training or another	1604
authorized educational program, engaged in another program	1605
designated by the administrator of the center, or engaged in other	1606
activities approved by the court and the administrator of the	1607
center.	1608

(c) If the court and the administrator of the center	1609
determine that work release is appropriate based upon the offense	1610
for which the eligible offender was sentenced to the community	1611
residential sanction or OVI term of confinement and the length of	1612
the sanction or term, the eligible offender may be offered work	1613
release from confinement at the center and be released from	1614
confinement while engaged in the work release.	1615

(d) If the administrator of the center determines that	1616
community service is appropriate and if the eligible offender will	1617
be confined for more than ten days at the center, the eligible	1618
offender may be required to participate in community service	1619
activities approved by the political subdivision served by the	1620
court. Community service activities that may be required under	1621
this division may take place in facilities of the political	1622
subdivision that operates the court, in the community, or in both	1623
such locales. The eligible offender shall be released from	1624
confinement while engaged in the community service activities.	1625
Community service activities required under this division shall be	1626
supervised by the court or an official designated by the board of	1627
county commissioners or affiliated group of boards of county	1628
commissioners that established and is operating the center.	1629
Community service activities required under this division shall	1630
not exceed in duration the period for which the eligible offender	1631
will be confined at the center under the community residential	1632
sanction or the OVI term of confinement.	1633

(e) The confinement of the eligible offender in the center	1634
shall be considered for purposes of this division and division	1635
(H)(4)(f) of this section as including any period of time	1636
described in division (H)(4)(b) of this section when the eligible	1637
offender may be outside of the center and shall continue until the	1638
expiration of the community residential sanction, the OVI term of	1639
confinement, or the combination of the OVI term of confinement and	1640
the confinement for the violation of section 4510.14 of the	1641
Revised Code or the municipal DUS ordinance that the eligible	1642
offender is serving upon admission to the center.	1643

(f) After the admission and until the expiration of the	1644
community residential sanction or OVI term of confinement that the	1645
eligible offender is serving upon admission to the center, the	1646
eligible offender shall be considered for purposes of any	1647
provision in Title XXIX of the Revised Code to be serving the	1648
community residential sanction or OVI term of confinement.	1649

(5) The administrator of the center, or the administrator's	1650
designee, shall post a sign as described in division (A)(4) of	1651
section 2923.1212 of the Revised Code in a conspicuous location at	1652
the center.	1653

(I) The board of county commissioners that establishes and	1654
operates a community alternative sentencing center under division	1655
(E) of this section, or the affiliated group of boards of county	1656
commissioners that establishes and operates a district community	1657
alternative sentencing center under that division, may require an	1658
eligible offender who is sentenced directly to the center and	1659
admitted to it to pay to the county served by the board or the	1660
counties served by the affiliated group of boards or the entity	1661
operating the center the reasonable expenses incurred by the	1662
county or counties, whichever is applicable, in supervising or	1663
confining the eligible offender after being sentenced to the	1664
center and admitted. Inability to pay those reasonable expenses	1665
shall not be grounds for refusing to admit an otherwise eligible	1666
offender to the center.	1667

(J)(1) If an eligible offender who is directly sentenced to a	1668
community alternative sentencing center or district community	1669
alternative sentencing center and admitted to the center	1670
successfully completes the service of the community residential	1671
sanction in the center, the administrator of the center shall	1672
notify the court that imposed the sentence, and the court shall	1673
enter into the journal that the eligible offender successfully	1674
completed the service of the sanction.	1675

(2) If an eligible offender who is directly sentenced to a	1676
community alternative sentencing center or district community	1677
alternative sentencing center and admitted to the center violates	1678
any rule established under this section by the board of county	1679
commissioners or the affiliated group of boards of county	1680
commissioners that establishes and operates the center, violates	1681
any condition of the community residential sanction, the OVI term	1682
of confinement, or the combination of the OVI term of confinement	1683
and the confinement for the violation of section 4510.14 of the	1684
Revised Code or the municipal OVI ordinance imposed by the	1685
sentencing court, or otherwise does not successfully complete the	1686
service of the community residential sanction or OVI term of	1687
confinement in the center, the administrator of the center shall	1688
report the violation or failure to successfully complete the	1689
sanction or term directly to the court or to the probation	1690
department or probation officer with general control and	1691
supervision over the eligible offender. A failure to successfully	1692
complete the service of the community residential sanction, the	1693
OVI term of confinement, or the combination of the OVI term of	1694
confinement and the confinement for the violation of section	1695
4510.14 of the Revised Code or the municipal OVI ordinance in the	1696
center shall be considered a violation of a condition of the	1697
community residential sanction or the OVI term of confinement. If	1698
the administrator reports the violation to the probation	1699
department or probation officer, the department or officer shall	1700
report the violation to the court. Upon its receipt under this	1701
division of a report of a violation or failure to complete the	1702
sanction by a person sentenced to the center under a community	1703
residential sanction, the court may proceed as specified in	1704
division (C)(2) of section 2929.25 of the Revised Code based on	1705
the violation or as provided by ordinance of the municipal	1706
corporation based on the violation, whichever is applicable. Upon	1707
its receipt under this division of a report of a violation or	1708
failure to complete the term by a person sentenced to the center	1709
under an OVI term of confinement, the court shall determine the	1710
place at which the offender is to serve the remainder of the term	1711
of confinement. The eligible offender shall receive credit towards	1712
completing the eligible offender's sentence for the time spent in	1713
the center after admission to it.	1714

Sec. 308.13.  (A) The board of trustees of a regional airport	1715
authority or any officer or employee designated by such board may	1716
make without competitive bidding any contract for theany	1717
purchase of supplies or material or for labor, lease, lease with	1718
option or agreement to purchase any property, or any construction	1719
contract for any work, under the supervision of the board, the	1720
cost of which shall not exceed fifteenfifty thousand dollars.	1721
Except where the contract is for equipment, materials, or supplies	1722
available from a qualified nonprofit agency pursuant to sections	1723
4115.31 to 4115.35 of the Revised Code, when an expenditure, other	1724
than for the acquisition of real estate, the discharge of	1725
noncontractual claims, personal services, or for the product or	1726
services of public utilities, exceeds fifteenAny purchase, lease,	1727
lease with option or agreement to purchase, or construction	1728
contract in excess of fifty thousand dollars, such expenditure	1729
shall be made only afterrequire that a notice calling for bids	1730
has beenbe published once a week for threenot less than two	1731
consecutive weeks preceding the day of the opening of the bids in	1732
a newspaper of general circulation within the territorial	1733
boundaries of the regional airport authority, or as provided in	1734
section 7.16 of the Revised Code. IfThe regional airport	1735
authority also may cause notice to be inserted in trade papers or	1736
other publications designated by it or to be distributed by	1737
electronic means, including posting the notice on the internet	1738
site on the world wide web of the regional airport authority. If	1739
the contracting authority posts the notice on that internet web	1740
site, the requirement that a second notice be published in a	1741
newspaper of general circulation within the territorial boundaries	1742
of the regional airport authority does not apply provided the	1743
first notice published in that newspaper meets all of the	1744
following requirements:	1745

(1) It is published at least two weeks prior to the day of	1746
the opening of the bids.	1747

(2) It includes a statement that the notice is posted on the	1748
internet site on the world wide web of the regional airport	1749
authority.	1750

(3) It includes the internet address of the internet site on	1751
the world wide web of the regional airport authority.	1752

(4) It includes instructions describing how the notice may be	1753
accessed on the internet site on the world wide web of the	1754
regional airport authority.	1755

If the bid is for a contract for the construction,	1756
demolition, alteration, repair, or reconstruction of an	1757
improvement, it shall meet the requirements of section 153.54 of	1758
the Revised Code. If the bid is for any other contract authorized	1759
by this section, it shall be accompanied by a good and approved	1760
bond with ample security conditioned on the carrying out of the	1761
contract as determined by the board. The board may let the	1762
contract to the lowest and best bidder. Such contract shall be in	1763
writing and shall be accompanied by or shall refer to plans and	1764
specifications for the work to be done, as approved by the board.	1765
The plans and specifications shall at all times shall be made and	1766
considered part of the contract. SaidThe contract shall be	1767
approved by the board and signed by its chief executive officer	1768
and by the contractor, and shall be executed in duplicate.	1769

(B) Whenever a board of trustees of a regional airport	1770
authority or any officer or employee designated by the board makes	1771
a contract for the purchase of supplies or material or for labor	1772
for any work, the cost of which is greater than one thousand	1773
dollars but no more than fifteen thousand dollars, the board or	1774
designated officer or employee shall solicit informal estimates	1775
from no fewer than three potential suppliers before awarding the	1776
contract. With regard to each such contract, the board shall	1777
maintain a record of such estimates, including the name of each	1778
person from whom an estimate is solicited, for no less than one	1779
year after the contract is awardedThe competitive bidding	1780
procedures described in division (A) of this section do not apply	1781
in any of the following circumstances:	1782

(1) The board of trustees of a regional airport authority, by	1783
a majority vote of its members present at any meeting, determines	1784
that a real and present emergency exists under any of the	1785
following conditions, and the board enters its determination and	1786
the reasons for it in its proceedings:	1787

(a) Affecting safety, welfare, or the ability to deliver	1788
services;	1789

(b) Arising out of an interruption of contracts essential to	1790
the provision of daily air services and other services related to	1791
the airport;	1792

(c) Involving actual physical damage to structures, supplies,	1793
equipment, or property requiring immediate repair or replacement.	1794

(2) The purchase consists of goods or services, or any	1795
combination thereof, and after reasonable inquiry the board or any	1796
officer or designee of the board finds that only one source of	1797
supply is reasonably available.	1798

(3) The expenditure is for a renewal or renegotiation of a	1799
lease or license for telecommunications or informational	1800
technology equipment, services, or systems, or for the upgrade of	1801
such equipment, services, or systems, or for the maintenance	1802
thereof as supplied by the original source or its successors or	1803
assigns.	1804

(4) The purchase of goods or services is made from another	1805
political subdivision, public agency, public transit system,	1806
regional transit authority, the state, or the federal government,	1807
or as a third-party beneficiary under a state or federal	1808
procurement contract, or as a participant in a department of	1809
administrative services contract under division (B) of section	1810
125.04 of the Revised Code or under an approved purchasing plan of	1811
this state.	1812

(5) The purchase substantially involves services of a	1813
personal, professional, highly technical, or scientific nature,	1814
including the services of an attorney, physician, engineer,	1815
architect, surveyor, appraiser, investigator, adjuster,	1816
advertising consultant, or licensed broker, or involves the	1817
special skills or proprietary knowledge required for the operation	1818
of the airport owned by the regional transit authority.	1819

(6) Services or supplies are available from a qualified	1820
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	1821
Revised Code.	1822

(7) The purchase consists of the product or services of a	1823
public utility.	1824

Sec. 319.09. The county auditor, if authorized by a	1825
resolution of the board of county commissioners, may serve as the	1826
fiscal officer of any department, office, or agency of the county,	1827
except that the county auditor may not serve as the fiscal officer	1828
for the office of any county elected officer or any agency	1829
governed by an appointed board or commission without the written	1830
agreement of that elected officer or agency.	1831

Sec. 329.40.  (A)(1) The boards of county commissioners of	1832
the counties of Hocking, Ross, and Vinton, by entering into a	1833
written agreement, may form a joint county department of job and	1834
family services to perform the duties, provide the services, and	1835
operate the programs required under this chapter. The formation of	1836
this joint county department of job and family services is a pilot	1837
project. The agreement shall be ratified by resolution of the	1838
board of county commissioners of each county that entered into the	1839
agreement. Each board of county commissioners that enters into the	1840
agreement shall give notice of the agreement to the Ohio	1841
department of job and family services at least ninety days before	1842
the agreement's effective date. The agreement shall take effect	1843
not earlier than the first day of the calendar quarter following	1844
the ninety-day notice period. The director of job and family	1845
services shall adopt, as an internal management rule under section	1846
111.15 of the Revised Code, the form in which the notice shall be	1847
given.	1848

(2) The boards of county commissioners of the counties	1849
forming the joint county department shall constitute,	1850
collectively, the board of directors of the joint county	1851
department of job and family services. On the effective date of	1852
the agreement, the board of directors shall take control of and	1853
manage the joint county department subject to this chapter and all	1854
other sections of the Revised Code that govern the authority and	1855
responsibilities of a single board of county commissioners in the	1856
operation of a single county department of job and family	1857
services.	1858

(B)(1) The agreement to establish the joint county department	1859
shall specify all of the following:	1860

(a) The obligations of each board of county commissioners in	1861
operating the joint county department, including requiring each	1862
board to provide state, federal, and county funds to the operation	1863
of the joint county department and the schedule for provision of	1864
those funds;	1865

(b) How and which facilities, equipment, and personnel will	1866
be shared;	1867

(c) Procedures for the division of resources and obligations	1868
should a county or counties withdraw from the joint county	1869
department, or should the department cease to exist;	1870

(d) Any contributions of participating counties establishing	1871
the joint county department and the rights of those counties in	1872
lands or personal property, or rights or interests therein,	1873
contributed to or otherwise acquired by the joint county	1874
department.	1875

(2) The agreement to establish the joint county department	1876
may set forth any or all of the following:	1877

(a) Quality, timeliness, and other standards to be met by	1878
each county;	1879

(b) Which family service programs and functions are to be	1880
included in the joint county department;	1881

(c) Procedures for the operation of the board of directors,	1882
including procedures governing the frequency of meetings and the	1883
number of members of the board required to constitute a quorum to	1884
take action;	1885

(d) Any other procedures or standards necessary for the joint	1886
county department to perform its duties and operate efficiently.	1887

(C) The agreement may be amended by a majority vote of the	1888
board of directors of the joint county department, but no	1889
amendment shall divest a participating county of any right or	1890
interest in lands or personal property without its consent.	1891

(D) Costs incurred in operating the joint county department	1892
shall be paid from a joint general fund created by the board of	1893
directors, except as may be otherwise provided in the agreement.	1894

(E) A joint county department established under this section	1895
is a public office as defined in section 117.01 of the Revised	1896
Code.	1897

Sec. 505.012. A member of a board of township trustees may be	1898
elected or appointed to serve on the governing body of any	1899
district that is organized or created by the board of township	1900
trustees, including a district organized or created under section	1901
505.28, 505.37, 505.371, 505.375, 505.482, 505.71, 511.18, or	1902
6119.02 of the Revised Code.	1903

Sec. 505.60. The following applies until the department of	1904
administrative services implements for townships the health care	1905
plans under section 9.901 of the Revised Code. If those plans do	1906
not include or address any benefits listed in division (A) of this	1907
section, the following provisions continue in effect for those	1908
benefits.	1909

(A) As provided in this section and section 505.601 of the	1910
Revised Code, the board of township trustees of any township may	1911
procure and pay all or any part of the cost of insurance policies	1912
that may provide benefits for hospitalization, surgical care,	1913
major medical care, disability, dental care, eye care, medical	1914
care, hearing aids, prescription drugs, or sickness and accident	1915
insurance, or a combination of any of the foregoing types of	1916
insurance for township officers and employees. The board of	1917
township trustees of any township may negotiate and contract for	1918
the purchase of a policy of long-term care insurance for township	1919
officers and employees pursuant to section 124.841 of the Revised	1920
Code.	1921

If the board procures any insurance policies under this	1922
section, the board shall provide uniform coverage under these	1923
policies for township officers and full-time township employees	1924
and their immediate dependents, and may provide coverage under	1925
these policies for part-time township employees and their	1926
immediate dependents, from the funds or budgets from which the	1927
officers or employees are compensated for services, such policies	1928
to be issued by an insurance company duly authorized to do	1929
business in this state.	1930

(B) The board may also provide coverage for any or all of the	1931
benefits described in division (A) of this section by entering	1932
into a contract for group health care services with health	1933
insuring corporations holding certificates of authority under	1934
Chapter 1751. of the Revised Code for township officers and	1935
employees and their immediate dependents. If the board so	1936
contracts, it shall provide uniform coverage under any such	1937
contracts for township officers and full-time township employees	1938
and their immediate dependents, from the funds or budgets from	1939
which the officers or employees are compensated for services, and	1940
may provide coverage under such contracts for part-time township	1941
employees and their immediate dependents, from the funds or	1942
budgets from which the officers or employees are compensated for	1943
services, provided that each officer and employee so covered is	1944
permitted to:	1945

(1) Choose between a plan offered by an insurance company and	1946
a plan offered by a health insuring corporation, and provided	1947
further that the officer or employee pays any amount by which the	1948
cost of the plan chosen exceeds the cost of the plan offered by	1949
the board under this section;	1950

(2) Change the choice made under this division at a time each	1951
year as determined in advance by the board.	1952

An addition of a class or change of definition of coverage to	1953
the plan offered under this division by the board may be made at	1954
any time that it is determined by the board to be in the best	1955
interest of the township. If the total cost to the township of the	1956
revised plan for any trustee's coverage does not exceed that cost	1957
under the plan in effect during the prior policy year, the	1958
revision of the plan does not cause an increase in that trustee's	1959
compensation.	1960

(C) Any township officer or employee may refuse to accept any	1961
coverage authorized by this section without affecting the	1962
availability of such coverage to other township officers and	1963
employees.	1964

(D) If any township officer or employee is denied coverage	1965
under a health care plan procured under this section or if any	1966
township officer or employee elects not to participate in the	1967
township's health care plan, the township may reimburse the	1968
officer or employee for each out-of-pocket premium attributable to	1969
the coverage provided for the officer or employee for insurance	1970
benefits described in division (A) of this section that the	1971
officer or employee otherwise obtains, but not to exceed an amount	1972
equal to the average premium paid by the township for its officers	1973
and employees under any health care plan it procures under this	1974
section.	1975

(E) The board may provide the benefits authorized under this	1976
section, without competitive bidding, by contributing to a health	1977
and welfare trust fund administered through or in conjunction with	1978
a collective bargaining representative of the township employees.	1979

The board may also provide the benefits described in this	1980
section through an individual self-insurance program or a joint	1981
self-insurance program as provided in section 9.833 of the Revised	1982
Code.	1983

(F) If a board of township trustees fails to pay one or more	1984
premiums for a policy, contract, or plan of insurance or health	1985
care services authorized under this section and the failure causes	1986
a lapse, cancellation, or other termination of coverage under the	1987
policy, contract, or plan, it may reimburse a township officer or	1988
employee for, or pay on behalf of the officer or employee, any	1989
expenses incurred that would have been covered under the policy,	1990
contract, or plan.	1991

(G) As used in this section and section 505.601 of the	1992
Revised Code:	1993

(1) "Part-time township employee" means a township employee	1994
who is hired with the expectation that the employee will work not	1995
more than one thousand five hundred hours in any year.	1996

(2) "Premium" does not include any deductible or health care	1997
costs paid directly by a township officer or employee.	1998

Sec. 505.601. The following applies until the department of	1999
administrative services implements for townships the health care	2000
plans under section 9.901 of the Revised Code.	2001

If a board of township trustees does not procure an insurance	2002
policy or group health care services as provided in section 505.60	2003
of the Revised Code, the board of township trustees may reimburse	2004
any township officer or employee for each out-of-pocket premium	2005
attributable to the coverage provided for that officer or employee	2006
for insurance benefits described in division (A) of section 505.60	2007
of the Revised Code that the officer or employee otherwise	2008
obtains, if all of the following conditions are met:	2009

(A) The board of township trustees adopts a resolution that	2010
states that the township has chosen not to procure a health care	2011
plan under section 505.60 of the Revised Code and has chosen	2012
instead to reimburse its officers and employees for each	2013
out-of-pocket premium attributable to the coverage provided for	2014
them for insurance benefits described in division (A) of section	2015
505.60 of the Revised Code that they otherwise obtain.	2016

(B) That resolution provides for a uniform maximum monthly or	2017
yearly payment amount for each officer or employee to cover	2018
themselves and their immediate dependents, beyond which the	2019
township will not reimburse the officer or employee.	2020

(C) That resolution states the specific benefits listed in	2021
division (A) of section 505.60 of the Revised Code for which the	2022
township will reimburse all officers and employees of the	2023
township. The township may not reimburse officers and employees	2024
for benefits other than those listed in division (A) of section	2025
505.60 of the Revised Code.	2026

Sec. 505.603. The following applies until the department of	2027
administrative services implements for townships the health care	2028
plans under section 9.901 of the Revised Code. If those plans do	2029
not include or address any benefits incorporated in this section,	2030
the following provisions continue in effect for those benefits.	2031

(A) In addition to or in lieu of providing benefits to	2032
township officers and employees under section 505.60, 505.601, or	2033
505.602 of the Revised Code, a board of township trustees may	2034
offer benefits to officers and employees through a cafeteria plan	2035
that meets the requirements of section 125 of the "Internal	2036
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 125, as	2037
amended, after first adopting a policy authorizing an officer or	2038
employee to receive a cash payment in lieu of a benefit otherwise	2039
offered to township officers or employees under any of those	2040
sections, but only if the cash payment does not exceed twenty-five	2041
per cent of the cost of premiums or payments that otherwise would	2042
be paid by the board for benefits for the officer or employee	2043
under an offered policy, contract, or plan. No cash payment in	2044
lieu of a benefit shall be made pursuant to this section unless	2045
the officer or employee signs a statement affirming that the	2046
officer or employee is covered under another health insurance or	2047
health care policy, contract, or plan in the case of a health	2048
benefit, or a life insurance policy in the case of a life	2049
insurance benefit, and setting forth the name of the employer, if	2050
any, that sponsors the coverage, the name of the carrier that	2051
provides the coverage, and an identifying number of the applicable	2052
policy, contract, or plan.	2053

(B) In addition to providing the benefits to township	2054
officers and employees under section 505.60, 505.601, or 505.602	2055
of the Revised Code, a board of township trustees may offer a	2056
health and wellness benefit program through which the township	2057
provides a benefit or incentive to township officers, employees,	2058
and their immediate dependents to maintain a healthy lifestyle,	2059
including, but not limited to, programs to encourage healthy	2060
eating and nutrition, exercise and physical activity, weight	2061
control or the elimination of obesity, and cessation of smoking or	2062
alcohol use.	2063

(C) The township fiscal officer may deduct from a township	2064
employee's salary or wages the amount authorized to be paid by the	2065
employee for one or more qualified benefits available under	2066
section 125 of the "Internal Revenue Code of 1986," 26 U.S.C. 125,	2067
and under the sections listed in division (B) of this section, if	2068
the employee authorizes in writing that the township fiscal	2069
officer may deduct that amount from the employee's salary or	2070
wages, and the benefit is offered to the employee on a group basis	2071
and at least ten per cent of the township employees voluntarily	2072
elect to participate in the receipt of that benefit. The township	2073
fiscal officer may issue warrants for amounts deducted under this	2074
division to pay program administrators or other insurers for	2075
benefits authorized under this section or those sections listed in	2076
division (B) of this section.	2077

Sec. 511.23.  (A) When the vote under section 511.22 of the	2078
Revised Code is in favor of establishing one or more public parks,	2079
the board of park commissioners shall constitute a board, to be	2080
called the board of park commissioners of that township park	2081
district, and they shall be a body politic and corporate. Their	2082
office is not a township office within the meaning of section	2083
703.22 of the Revised Code but is an office of the township park	2084
district. The members of the board shall serve without	2085
compensation but shall be allowed their actual and necessary	2086
expenses incurred in the performance of their duties.	2087

(B) The board may locate, establish, improve, maintain, and	2088
operate a public park or parks in accordance with division (B) of	2089
section 511.18 of the Revised Code, with or without recreational	2090
facilities. Any township park district that contains only	2091
unincorporated territory and that operated a public park or parks	2092
outside the township immediately prior to July 18, 1990, may	2093
continue to improve, maintain, and operate these parks outside the	2094
township, but further acquisitions of land shall not affect the	2095
boundaries of the park district itself or the appointing authority	2096
for the board of park commissioners.	2097

The board may lease, accept a conveyance of, or purchase	2098
suitable lands for cash, by purchase by installment payments with	2099
or without a mortgage, by lease or lease-purchase agreements, or	2100
by lease with option to purchase, may acquire suitable lands	2101
through an exchange under section 511.241 of the Revised Code, or	2102
may appropriate suitable lands and materials for park district	2103
purposes. The board also may lease facilities from other political	2104
subdivisions or private sources. The board shall have careful	2105
surveys and plats made of the lands acquired for park district	2106
purposes and shall establish permanent monuments on the boundaries	2107
of the lands. Those plats, when executed according to sections	2108
711.01 to 711.38 of the Revised Code, shall be recorded in the	2109
office of the county recorder, and those records shall be	2110
admissible in evidence for the purpose of locating and	2111
ascertaining the true boundaries of the park or parks.	2112

(C) In furtherance of the use and enjoyment of the lands	2113
controlled by it, the board may accept donations of money or other	2114
property or act as trustees of land, money, or other property, and	2115
may use and administer the land, money, or other property as	2116
stipulated by the donor or as provided in the trust agreement.	2117

The board may receive and expend grants for park purposes	2118
from agencies and instrumentalities of the United States and this	2119
state and may enter into contracts or agreements with those	2120
agencies and instrumentalities to carry out the purposes for which	2121
the grants were furnished.	2122

(D) In exercising any powers conferred upon the board under	2123
divisions (B) and (C) of this section and for other types of	2124
assistance that the board finds necessary in carrying out its	2125
duties, the board may hire and contract for professional,	2126
technical, consulting, and other special services and may purchase	2127
goods and award contracts. The procuring of goods and awarding of	2128
contracts with a cost in excess of fifty thousand dollars shall be	2129
done in accordance with the procedures established for the board	2130
of county commissioners by sections 307.86 to 307.91 of the	2131
Revised Code.	2132

(E) The board may appoint an executive for the park or parks	2133
and may designate the executive or another person as the clerk of	2134
the board. It may appoint all other necessary officers and	2135
employees, fix their compensation, and prescribe their duties, or	2136
it may require the executive to appoint all other necessary	2137
officers and employees, and to fix their compensation and	2138
prescribe their duties, in accordance with guidelines and policies	2139
adopted by the board.	2140

(F) The board may adopt bylaws and rules that it considers	2141
advisable for the following purposes:	2142

(1) To prohibit selling, giving away, or using any	2143
intoxicating liquors in the park or parks;	2144

(2) For the government and control of the park or parks and	2145
the operation of motor vehicles in the park or parks;	2146

(3) To provide for the protection and preservation of all	2147
property and natural life within its jurisdiction.	2148

Before the bylaws and rules take effect, the board shall	2149
provide for a notice of their adoption to be published once a week	2150
for two consecutive weeks or as provided in section 7.16 of the	2151
Revised Code, in a newspaper of general circulation in the county	2152
within which the park district is located.	2153

No person shall violate any of the bylaws or rules. Fines	2154
levied and collected for violations shall be paid into the	2155
treasury of the township park district. The board may use moneys	2156
collected from those fines for any purpose that is not	2157
inconsistent with sections 511.18 to 511.37 of the Revised Code.	2158

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

2159

(1) Establish and charge fees for the use of any facilities	2160
and services of the park or parks regardless of whether the park	2161
or parks were acquired before, on, or after September 21, 2000;	2162

(2) Enter into a lease agreement with an individual or	2163
organization that provides for the exclusive use of a specified	2164
portion of the park or parks within the township park district by	2165
that individual or organization for the duration of an event	2166
produced by the individual or organization. The board, for the	2167
specific portion of the park or parks covered by the lease	2168
agreement, may charge a fee to, or permit the individual or	2169
organization to charge a fee to, participants in and spectators at	2170
the event covered by the agreement.	2171

(H) If the board finds that real or personal property owned	2172
by the township park district is not currently needed for park	2173
purposes, the board may lease that property to other persons or	2174
organizations during any period of time the board determines the	2175
property will not be needed. If the board finds that competitive	2176
bidding on a lease is not feasible, it may lease the property	2177
without taking bids.	2178

(I) The board may exchange property owned by the township	2179
park district for property owned by the state, another political	2180
subdivision, or the federal government on terms that it considers	2181
desirable, without the necessity of competitive bidding.	2182

(J) Any rights or duties established under this section may	2183
be modified, shared, or assigned by an agreement pursuant to	2184
section 755.16 of the Revised Code.	2185

Sec. 703.21.  The surrender of corporate powers by a village	2186
under section 703.20 or 703.201 of the Revised Code does not	2187
affect vested rights or accrued liabilities of the village, or the	2188
power to settle claims, dispose of property, or levy and collect	2189
taxes to pay existing obligations. But, after the presentation of	2190
the petition mentioned in section 703.20 of the Revised Code or	2191
receipt of the audit report and notice mentioned in section	2192
703.201 of the Revised Code, the legislative authority of the	2193
village shall not create any new liability until the result of the	2194
election under section 703.20 of the Revised Code is declared or	2195
the decision of the court of common pleas under division (C) of	2196
section 703.201 of the Revised Code is declared, or thereafter, if	2197
the result, in either case, is for the surrender of the village's	2198
corporate powers. If the auditor of state notifies the village	2199
that the attorney general may file a legal action under section	2200
703.201 of the Revised Code, but the attorney general does not	2201
file such an action, the village shall not create any new	2202
liability for thirty days after receipt of the auditor of state's	2203
notice.	2204

Due and unpaid taxes may be collected after the surrender of	2205
corporate powers, and all moneys or property remaining after the	2206
surrender belongs to the township or townships located wholly or	2207
partly within the village. If more than one township is to receive	2208
the remaining money or property, the money and property shall be	2209
divided among the townships in proportion to the amount of	2210
territory that each township has within the village boundaries as	2211
compared to the total territory within the village.	2212

After the surrender of corporate powers, all resolutions of	2213
the township or townships into which the village's territory was	2214
dissolved shall apply throughout the township's newly included	2215
territory.	2216

Sec. 731.141.  In those villages that have established the	2217
position of village administrator, as provided by section 735.271	2218
of the Revised Code, the village administrator shall make	2219
contracts, purchase supplies and materials, and provide labor for	2220
any work under the administrator's supervision involving not more	2221
than twenty-fivefifty thousand dollars. When an expenditure,	2222
other than the compensation of persons employed by the village,	2223
exceeds twenty-fivefifty thousand dollars, the expenditure shall	2224
first be authorized and directed by ordinance of the legislative	2225
authority of the village. When so authorized and directed, except	2226
where the contract is for equipment, services, materials, or	2227
supplies to be purchased under division (D) of section 713.23 or	2228
section 125.04 or 5513.01 of the Revised Code, available from a	2229
qualified nonprofit agency pursuant to sections 4115.31 to 4115.35	2230
of the Revised Code, or required to be purchased from a qualified	2231
nonprofit agency under sections 125.60 to 125.6012 of the Revised	2232
Code, the village administrator shall make a written contract with	2233
the lowest and best bidder after advertisement for not less than	2234
two nor more than four consecutive weeks in a newspaper of general	2235
circulation within the village or as provided in section 7.16 of	2236
the Revised Code. The bids shall be opened and shall be publicly	2237
read by the village administrator or a person designated by the	2238
village administrator at the time, date, and place as specified in	2239
the advertisement to bidders or specifications. The time, date,	2240
and place of bid openings may be extended to a later date by the	2241
village administrator, provided that written or oral notice of the	2242
change shall be given to all persons who have received or	2243
requested specifications no later than ninety-six hours prior to	2244
the original time and date fixed for the opening. All contracts	2245
shall be executed in the name of the village and signed on its	2246
behalf by the village administrator and the clerk.	2247

The legislative authority of a village may provide, by	2248
ordinance, for central purchasing for all offices, departments,	2249
divisions, boards, and commissions of the village, under the	2250
direction of the village administrator, who shall make contracts,	2251
purchase supplies or materials, and provide labor for any work of	2252
the village in the manner provided by this section.	2253

Sec. 735.05.  The director of public service may make any	2254
contract, purchase supplies or material, or provide labor for any	2255
work under the supervision of the department of public service	2256
involving not more than twenty-fivefifty thousand dollars. When	2257
an expenditure within the department, other than the compensation	2258
of persons employed in the department, exceeds twenty-fivefifty	2259
thousand dollars, the expenditure shall first be authorized and	2260
directed by ordinance of the city legislative authority. When so	2261
authorized and directed, except where the contract is for	2262
equipment, services, materials, or supplies to be purchased under	2263
division (D) of section 713.23 or section 125.04 or 5513.01 of the	2264
Revised Code or available from a qualified nonprofit agency	2265
pursuant to sections 4115.31 to 4115.35 of the Revised Code, the	2266
director shall make a written contract with the lowest and best	2267
bidder after advertisement for not less than two nor more than	2268
four consecutive weeks in a newspaper of general circulation	2269
within the city or as provided in section 7.16 of the Revised	2270
Code.	2271

Sec. 737.03.  The director of public safety shall manage and	2272
make all contracts with reference to police stations, fire houses,	2273
reform schools, infirmaries, hospitals other than municipal	2274
hospitals operated pursuant to Chapter 749. of the Revised Code,	2275
workhouses, farms, pesthouses, and all other charitable and	2276
reformatory institutions. In the control and supervision of those	2277
institutions, the director shall be governed by the provisions of	2278
Title VII of the Revised Code relating to those institutions.	2279

The director may make all contracts and expenditures of money	2280
for acquiring lands for the erection or repairing of station	2281
houses, police stations, fire department buildings, fire cisterns,	2282
and plugs, that are required, for the purchase of engines,	2283
apparatus, and all other supplies necessary for the police and	2284
fire departments, and for other undertakings and departments under	2285
the director's supervision, but no obligation involving an	2286
expenditure of more than twenty-fivefifty thousand dollars shall	2287
be created unless first authorized and directed by ordinance. In	2288
making, altering, or modifying those contracts, the director shall	2289
be governed by sections 735.05 to 735.09 of the Revised Code,	2290
except that all bids shall be filed with and opened by the	2291
director. The director shall make no sale or disposition of any	2292
property belonging to the city without first being authorized by	2293
resolution or ordinance of the city legislative authority.	2294

Sec. 749.26.  The board of hospital trustees, before entering	2295
into any contract for the erection of a hospital building, or for	2296
the rebuilding or repair of a hospital building, the cost of which	2297
exceeds tenfifty thousand dollars, shall have plans,	2298
specifications, detailed drawings, and forms of bids prepared, and	2299
when adopted by the board it shall have them printed for	2300
distribution among the bidders.	2301

Sec. 749.28.  The board of hospital trustees shall not enter	2302
into a contract for work or supplies where the estimated cost	2303
exceeds tenfifty thousand dollars, without first giving thirty	2304
days' notice in one newspaper of general circulation in the	2305
municipal corporation that sealed proposals will be received for	2306
doing the work or furnishing the materials and supplies.	2307

Sec. 749.31.  Except where the contract is for equipment,	2308
services, materials, or supplies available from a qualified	2309
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	2310
Revised Code, the board of hospital trustees shall enter into a	2311
contract for work or supplies where the estimated cost exceeds ten	2312
fifty thousand dollars with the lowest and best bidder. Where the	2313
contract is for other than the construction, demolition,	2314
alteration, repair, or reconstruction of an improvement, the board	2315
shall enter into the contract when the bidder gives bond to the	2316
board, with such security as the board approves, that hethe	2317
bidder will perform the work and furnish materials or supplies in	2318
accordance with the contract. On the failure of such bidder within	2319
a reasonable time, to be fixed by the board, to enter into bond	2320
with such security, a contract may be made with the next lowest	2321
and best bidder, and so on until a contract is effected by a	2322
contractor giving such bond. The board may reject any bid.	2323

Sec. 753.15.  (A) Except as provided in division (B) of this	2324
section, in a city, a workhouse erected for the joint use of the	2325
city and the county in which such city is located shall be managed	2326
and controlled by a joint board composed of the board of county	2327
commissioners and the board of control of the city, and in a	2328
village by the board of county commissioners and the board of	2329
trustees of public affairs. Such joint board shall have all the	2330
powers and duties in the management, control, and maintenance of	2331
such workhouse as are conferred upon the director of public safety	2332
in cities, and in addition thereto it may construct sewers for	2333
such workhouse and pay therefor from funds raised by taxation for	2334
the maintenance of such institution.	2335

The joint board may lease or purchase suitable property and	2336
buildings for a workhouse, or real estate for the purpose of	2337
erecting and maintaining a workhouse thereon, but it shall not	2338
expend more than tenfifty thousand dollars for any such purpose	2339
unless such amount is approved by a majority of the voters of the	2340
county, exclusive of the municipal corporation, voting at a	2341
general election.	2342

(B) In lieu of forming a joint board to manage and control a	2343
workhouse erected for the joint use of the city and the county in	2344
which the city is located, the board of county commissioners and	2345
the legislative authority of the city may enter into a contract	2346
for the private operation and management of the workhouse as	2347
provided in section 9.06 of the Revised Code, but only if the	2348
workhouse is used solely for misdemeanant inmates. In order to	2349
enter into a contract under section 9.06 of the Revised Code, both	2350
the board and the legislative authority shall approve and be	2351
parties to the contract.	2352

Sec. 755.29.  The board of park trustees, before entering	2353
into any contract for the performance of any work, the cost of	2354
which exceeds twenty-fivefifty thousand dollars, shall cause	2355
plans and specifications and forms of bids to be prepared, and	2356
when adopted by the board, shall have them printed for	2357
distribution among bidders.	2358

Sec. 755.30.  The board of park trustees shall not enter into	2359
any contract for work or supplies, where the estimated cost	2360
thereof exceeds tenfifty thousand dollars, without first giving	2361
thirty days' notice in one newspaper of general circulation in the	2362
municipal corporation that sealed proposals may be received for	2363
doing the work or furnishing such materials and supplies.	2364

Sec. 1545.07.  The commissioners appointed in accordance with	2365
section 1545.05 or pursuant to section 1545.041 of the Revised	2366
Code shall constitute the board of park commissioners of the park	2367
district. Such board shall be a body politic and corporate, and	2368
may sue and be sued as provided in sections 1545.01 to 1545.28 of	2369
the Revised Code. Such board may employ a secretary and such other	2370
employees as are necessary in the performance of the powers	2371
conferred in such sections. The board may appoint a treasurer to	2372
act as custodian of the board's funds and as fiscal officer for	2373
the park district. For the purposes of acquiring, planning,	2374
developing, protecting, maintaining, or improving lands and	2375
facilities thereon under section 1545.11 of the Revised Code, and	2376
for other types of assistance which it finds necessary in carrying	2377
out its duties under Chapter 1545. of the Revised Code, the board	2378
may hire and contract for professional, technical, consulting, and	2379
other special services, including, in accordance with division (D)	2380
of section 309.09 of the Revised Code, the legal services of the	2381
prosecuting attorney of the county in which the park district is	2382
located, and may purchase goods. In procuring any goods with a	2383
cost in excess of fifty thousand dollars, the board shall contract	2384
as a contracting authority under sections 307.86 to 307.91 of the	2385
Revised Code, to the same extent and with the same limitations as	2386
a board of county commissioners. In procuring services, the board	2387
shall contract in the manner and under procedures established by	2388
the bylaws of the board as required in section 1545.09 of the	2389
Revised Code.	2390

Sec. 1901.01.  (A) There is hereby established a municipal	2391
court in each of the following municipal corporations:	2392

Akron, Alliance, Ashland, Ashtabula, Athens, Avon Lake,	2393
Barberton, Bedford, Bellefontaine, Bellevue, Berea, Bowling Green,	2394
Bryan, Bucyrus, Cambridge, Campbell, Canton, Carrollton, Celina,	2395
Chardon, Chesapeake, Chillicothe, Cincinnati, Circleville,	2396
Cleveland, Cleveland Heights, Columbus, Conneaut, Coshocton,	2397
Cuyahoga Falls, Dayton, Defiance, Delaware, East Cleveland, East	2398
Liverpool, Eaton, Elyria, Euclid, Fairborn, Fairfield, Findlay,	2399
Fostoria, Franklin, Fremont, Gallipolis, Garfield Heights,	2400
Georgetown, Girard, Greenville, Hamilton, Hillsboro, Huron,	2401
Ironton, Jackson, Kenton, Kettering, Lakewood, Lancaster, Lebanon,	2402
Lima, Logan, London, Lorain, Lyndhurst, Mansfield, Marietta,	2403
Marion, Marysville, Mason, Massillon, Maumee, Medina, Mentor,	2404
Miamisburg, Middletown, Millersburg, Mount Gilead, Mount Vernon,	2405
Napoleon, Newark, New Philadelphia, Newton Falls, Niles, Norwalk,	2406
Oakwood, Oberlin, Oregon, Ottawa, Painesville, Parma, Perrysburg,	2407
Port Clinton, Portsmouth, Ravenna, Rocky River, Sandusky, Shaker	2408
Heights, Shelby, Sidney, South Euclid, Springfield, Steubenville,	2409
Struthers, Sylvania, Tiffin, Toledo, Troy, Upper Sandusky, Urbana,	2410
Vandalia, Van Wert, Vermilion, Wadsworth, Wapakoneta, Warren, City	2411
of Washington in Fayette county, to be known as Washington Court	2412
House, Willoughby, Wilmington, Wooster, Xenia, Youngstown, and	2413
Zanesville.	2414

(B) There is hereby established a municipal court within	2415
Clermont county in Batavia or in any other municipal corporation	2416
or unincorporated territory within Clermont county that is	2417
selected by the legislative authority of the Clermont county	2418
municipal court. The municipal court established by this division	2419
is a continuation of the municipal court previously established in	2420
Batavia by this section before the enactment of this division.	2421

(C) There is hereby established a municipal court within	2422
Columbiana county in Lisbon or in any other municipal corporation	2423
or unincorporated territory within Columbiana county, except the	2424
municipal corporation of East Liverpool or Liverpool or St. Clair	2425
township, that is selected by the judges of the municipal court	2426
pursuant to division (I) of section 1901.021 of the Revised Code.	2427

(D) Effective January 1, 2008, there is hereby established a	2428
municipal court within Erie county in Milan or in any other	2429
municipal corporation or unincorporated territory within Erie	2430
county that is within the territorial jurisdiction of the Erie	2431
county municipal court and is selected by the legislative	2432
authority of that court.	2433

(E) The Cuyahoga Falls municipal court shall remain in	2434
existence until December 31, 2008, and shall be replaced by the	2435
Stow municipal court on January 1, 2009.	2436

(F) Effective January 1, 2009, there is hereby established a	2437
municipal court in the municipal corporation of Stow.	2438

(G) Effective July 1, 2010, there is hereby established a	2439
municipal court within Montgomery county in any municipal	2440
corporation or unincorporated territory within Montgomery county,	2441
except the municipal corporations of Centerville, Clayton, Dayton,	2442
Englewood, Germantown, Kettering, Miamisburg, Moraine, Oakwood,	2443
Union, Vandalia, and West Carrollton and Butler, German, Harrison,	2444
Miami, and Washington townships, that is selected by the	2445
legislative authority of that court.	2446

(H) Effective January 1, 2013, there is hereby established a	2447
municipal court within Sandusky county in any municipal	2448
corporation or unincorporated territory within Sandusky county,	2449
except the municipal corporations of Bellevue and Fremont and	2450
Ballville, Sandusky, and York townships, that is selected by the	2451
legislative authority of that court.	2452

Sec. 1901.02.  (A) The municipal courts established by	2453
section 1901.01 of the Revised Code have jurisdiction within the	2454
corporate limits of their respective municipal corporations, or,	2455
for the Clermont county municipal court, the Columbiana county	2456
municipal court, and, effective January 1, 2008, the Erie county	2457
municipal court, within the municipal corporation or	2458
unincorporated territory in which they are established, and are	2459
courts of record. Each of the courts shall be styled	2460
".................................. municipal court," inserting	2461
the name of the municipal corporation, except the following	2462
courts, which shall be styled as set forth below:	2463

(1) The municipal court established in Chesapeake that shall	2464
be styled and known as the "Lawrence county municipal court";	2465

(2) The municipal court established in Cincinnati that shall	2466
be styled and known as the "Hamilton county municipal court";	2467

(3) The municipal court established in Ravenna that shall be	2468
styled and known as the "Portage county municipal court";	2469

(4) The municipal court established in Athens that shall be	2470
styled and known as the "Athens county municipal court";	2471

(5) The municipal court established in Columbus that shall be	2472
styled and known as the "Franklin county municipal court";	2473

(6) The municipal court established in London that shall be	2474
styled and known as the "Madison county municipal court";	2475

(7) The municipal court established in Newark that shall be	2476
styled and known as the "Licking county municipal court";	2477

(8) The municipal court established in Wooster that shall be	2478
styled and known as the "Wayne county municipal court";	2479

(9) The municipal court established in Wapakoneta that shall	2480
be styled and known as the "Auglaize county municipal court";	2481

(10) The municipal court established in Troy that shall be	2482
styled and known as the "Miami county municipal court";	2483

(11) The municipal court established in Bucyrus that shall be	2484
styled and known as the "Crawford county municipal court";	2485

(12) The municipal court established in Logan that shall be	2486
styled and known as the "Hocking county municipal court";	2487

(13) The municipal court established in Urbana that shall be	2488
styled and known as the "Champaign county municipal court";	2489

(14) The municipal court established in Jackson that shall be	2490
styled and known as the "Jackson county municipal court";	2491

(15) The municipal court established in Springfield that	2492
shall be styled and known as the "Clark county municipal court";	2493

(16) The municipal court established in Kenton that shall be	2494
styled and known as the "Hardin county municipal court";	2495

(17) The municipal court established within Clermont county	2496
in Batavia or in any other municipal corporation or unincorporated	2497
territory within Clermont county that is selected by the	2498
legislative authority of that court that shall be styled and known	2499
as the "Clermont county municipal court";	2500

(18) The municipal court established in Wilmington that,	2501
beginning July 1, 1992, shall be styled and known as the "Clinton	2502
county municipal court";	2503

(19) The municipal court established in Port Clinton that	2504
shall be styled and known as "the Ottawa county municipal court";	2505

(20) The municipal court established in Lancaster that,	2506
beginning January 2, 2000, shall be styled and known as the	2507
"Fairfield county municipal court";	2508

(21) The municipal court established within Columbiana county	2509
in Lisbon or in any other municipal corporation or unincorporated	2510
territory selected pursuant to division (I) of section 1901.021 of	2511
the Revised Code, that shall be styled and known as the	2512
"Columbiana county municipal court";	2513

(22) The municipal court established in Georgetown that,	2514
beginning February 9, 2003, shall be styled and known as the	2515
"Brown county municipal court";	2516

(23) The municipal court established in Mount Gilead that,	2517
beginning January 1, 2003, shall be styled and known as the	2518
"Morrow county municipal court";	2519

(24) The municipal court established in Greenville that,	2520
beginning January 1, 2005, shall be styled and known as the "Darke	2521
county municipal court";	2522

(25) The municipal court established in Millersburg that,	2523
beginning January 1, 2007, shall be styled and known as the	2524
"Holmes county municipal court";	2525

(26) The municipal court established in Carrollton that,	2526
beginning January 1, 2007, shall be styled and known as the	2527
"Carroll county municipal court";	2528

(27) The municipal court established within Erie county in	2529
Milan or established in any other municipal corporation or	2530
unincorporated territory that is within Erie county, is within the	2531
territorial jurisdiction of that court, and is selected by the	2532
legislative authority of that court that, beginning January 1,	2533
2008, shall be styled and known as the "Erie county municipal	2534
court";	2535

(28) The municipal court established in Ottawa that,	2536
beginning January 1, 2011, shall be styled and known as the	2537
"Putnam county municipal court";	2538

(29) The municipal court established within Montgomery county	2539
in any municipal corporation or unincorporated territory within	2540
Montgomery county, except the municipal corporations of	2541
Centerville, Clayton, Dayton, Englewood, Germantown, Kettering,	2542
Miamisburg, Moraine, Oakwood, Union, Vandalia, and West Carrollton	2543
and Butler, German, Harrison, Miami, and Washington townships,	2544
that is selected by the legislative authority of that court and	2545
that, beginning July 1, 2010, shall be styled and known as the	2546
"Montgomery county municipal court";	2547

(30) The municipal court established within Sandusky county	2548
in any municipal corporation or unincorporated territory within	2549
Sandusky county, except the municipal corporations of Bellevue and	2550
Fremont and Ballville, Sandusky, and York townships, that is	2551
selected by the legislative authority of that court and that,	2552
beginning January 1, 2013, shall be styled and known as the	2553
"Sandusky county municipal court."	2554

(B) In addition to the jurisdiction set forth in division (A)	2555
of this section, the municipal courts established by section	2556
1901.01 of the Revised Code have jurisdiction as follows:	2557

The Akron municipal court has jurisdiction within Bath,	2558
Richfield, and Springfield townships, and within the municipal	2559
corporations of Fairlawn, Lakemore, and Mogadore, in Summit	2560
county.	2561

The Alliance municipal court has jurisdiction within	2562
Lexington, Marlboro, Paris, and Washington townships in Stark	2563
county.	2564

The Ashland municipal court has jurisdiction within Ashland	2565
county.	2566

The Ashtabula municipal court has jurisdiction within	2567
Ashtabula, Plymouth, and Saybrook townships in Ashtabula county.	2568

The Athens county municipal court has jurisdiction within	2569
Athens county.	2570

The Auglaize county municipal court has jurisdiction within	2571
Auglaize county.	2572

The Avon Lake municipal court has jurisdiction within the	2573
municipal corporations of Avon and Sheffield in Lorain county.	2574

The Barberton municipal court has jurisdiction within	2575
Coventry, Franklin, and Green townships, within all of Copley	2576
township except within the municipal corporation of Fairlawn, and	2577
within the municipal corporations of Clinton and Norton, in Summit	2578
county.	2579

The Bedford municipal court has jurisdiction within the	2580
municipal corporations of Bedford Heights, Oakwood, Glenwillow,	2581
Solon, Bentleyville, Chagrin Falls, Moreland Hills, Orange,	2582
Warrensville Heights, North Randall, and Woodmere, and within	2583
Warrensville and Chagrin Falls townships, in Cuyahoga county.	2584

The Bellefontaine municipal court has jurisdiction within	2585
Logan county.	2586

The Bellevue municipal court has jurisdiction within Lyme and	2587
Sherman townships in Huron county and within York township in	2588
Sandusky county.	2589

The Berea municipal court has jurisdiction within the	2590
municipal corporations of Strongsville, Middleburgh Heights, Brook	2591
Park, Westview, and Olmsted Falls, and within Olmsted township, in	2592
Cuyahoga county.	2593

The Bowling Green municipal court has jurisdiction within the	2594
municipal corporations of Bairdstown, Bloomdale, Bradner, Custar,	2595
Cygnet, Grand Rapids, Haskins, Hoytville, Jerry City, Milton	2596
Center, North Baltimore, Pemberville, Portage, Rising Sun,	2597
Tontogany, Wayne, West Millgrove, and Weston, and within Bloom,	2598
Center, Freedom, Grand Rapids, Henry, Jackson, Liberty, Middleton,	2599
Milton, Montgomery, Plain, Portage, Washington, Webster, and	2600
Weston townships in Wood county.	2601

Beginning February 9, 2003, the Brown county municipal court	2602
has jurisdiction within Brown county.	2603

The Bryan municipal court has jurisdiction within Williams	2604
county.	2605

The Cambridge municipal court has jurisdiction within	2606
Guernsey county.	2607

The Campbell municipal court has jurisdiction within	2608
Coitsville township in Mahoning county.	2609

The Canton municipal court has jurisdiction within Canton,	2610
Lake, Nimishillen, Osnaburg, Pike, Plain, and Sandy townships in	2611
Stark county.	2612

The Carroll county municipal court has jurisdiction within	2613
Carroll county.	2614

The Celina municipal court has jurisdiction within Mercer	2615
county.	2616

The Champaign county municipal court has jurisdiction within	2617
Champaign county.	2618

The Chardon municipal court has jurisdiction within Geauga	2619
county.	2620

The Chillicothe municipal court has jurisdiction within Ross	2621
county.	2622

The Circleville municipal court has jurisdiction within	2623
Pickaway county.	2624

The Clark county municipal court has jurisdiction within	2625
Clark county.	2626

The Clermont county municipal court has jurisdiction within	2627
Clermont county.	2628

The Cleveland municipal court has jurisdiction within the	2629
municipal corporation of Bratenahl in Cuyahoga county.	2630

Beginning July 1, 1992, the Clinton county municipal court	2631
has jurisdiction within Clinton county.	2632

The Columbiana county municipal court has jurisdiction within	2633
all of Columbiana county except within the municipal corporation	2634
of East Liverpool and except within Liverpool and St. Clair	2635
townships.	2636

The Coshocton municipal court has jurisdiction within	2637
Coshocton county.	2638

The Crawford county municipal court has jurisdiction within	2639
Crawford county.	2640

Until December 31, 2008, the Cuyahoga Falls municipal court	2641
has jurisdiction within Boston, Hudson, Northfield Center,	2642
Sagamore Hills, and Twinsburg townships, and within the municipal	2643
corporations of Boston Heights, Hudson, Munroe Falls, Northfield,	2644
Peninsula, Reminderville, Silver Lake, Stow, Tallmadge, Twinsburg,	2645
and Macedonia, in Summit county.	2646

Beginning January 1, 2005, the Darke county municipal court	2647
has jurisdiction within Darke county except within the municipal	2648
corporation of Bradford.	2649

The Defiance municipal court has jurisdiction within Defiance	2650
county.	2651

The Delaware municipal court has jurisdiction within Delaware	2652
county.	2653

The East Liverpool municipal court has jurisdiction within	2654
Liverpool and St. Clair townships in Columbiana county.	2655

The Eaton municipal court has jurisdiction within Preble	2656
county.	2657

The Elyria municipal court has jurisdiction within the	2658
municipal corporations of Grafton, LaGrange, and North Ridgeville,	2659
and within Elyria, Carlisle, Eaton, Columbia, Grafton, and	2660
LaGrange townships, in Lorain county.	2661

Beginning January 1, 2008, the Erie county municipal court	2662
has jurisdiction within Erie county except within the townships of	2663
Florence, Huron, Perkins, and Vermilion and the municipal	2664
corporations of Bay View, Castalia, Huron, Sandusky, and	2665
Vermilion.	2666

The Fairborn municipal court has jurisdiction within the	2667
municipal corporation of Beavercreek and within Bath and	2668
Beavercreek townships in Greene county.	2669

Beginning January 2, 2000, the Fairfield county municipal	2670
court has jurisdiction within Fairfield county.	2671

The Findlay municipal court has jurisdiction within all of	2672
Hancock county except within Washington township.	2673

The Fostoria municipal court has jurisdiction within Loudon	2674
and Jackson townships in Seneca county, within Washington township	2675
in Hancock county, and within Perry township, except within the	2676
municipal corporation of West Millgrove, in Wood county.	2677

The Franklin municipal court has jurisdiction within Franklin	2678
township in Warren county.	2679

The Franklin county municipal court has jurisdiction within	2680
Franklin county.	2681

The Fremont municipal court has jurisdiction within Ballville	2682
and Sandusky townships in Sandusky county.	2683

The Gallipolis municipal court has jurisdiction within Gallia	2684
county.	2685

The Garfield Heights municipal court has jurisdiction within	2686
the municipal corporations of Maple Heights, Walton Hills, Valley	2687
View, Cuyahoga Heights, Newburgh Heights, Independence, and	2688
Brecksville in Cuyahoga county.	2689

The Girard municipal court has jurisdiction within Liberty,	2690
Vienna, and Hubbard townships in Trumbull county.	2691

The Hamilton municipal court has jurisdiction within Ross and	2692
St. Clair townships in Butler county.	2693

The Hamilton county municipal court has jurisdiction within	2694
Hamilton county.	2695

The Hardin county municipal court has jurisdiction within	2696
Hardin county.	2697

The Hillsboro municipal court has jurisdiction within all of	2698
Highland county except within Madison township.	2699

The Hocking county municipal court has jurisdiction within	2700
Hocking county.	2701

The Holmes county municipal court has jurisdiction within	2702
Holmes county.	2703

The Huron municipal court has jurisdiction within all of	2704
Huron township in Erie county except within the municipal	2705
corporation of Sandusky.	2706

The Ironton municipal court has jurisdiction within Aid,	2707
Decatur, Elizabeth, Hamilton, Lawrence, Upper, and Washington	2708
townships in Lawrence county.	2709

The Jackson county municipal court has jurisdiction within	2710
Jackson county.	2711

The Kettering municipal court has jurisdiction within the	2712
municipal corporations of Centerville and Moraine, and within	2713
Washington township, in Montgomery county.	2714

Until January 2, 2000, the Lancaster municipal court has	2715
jurisdiction within Fairfield county.	2716

The Lawrence county municipal court has jurisdiction within	2717
the townships of Fayette, Mason, Perry, Rome, Symmes, Union, and	2718
Windsor in Lawrence county.	2719

The Lebanon municipal court has jurisdiction within	2720
Turtlecreek township in Warren county.	2721

The Licking county municipal court has jurisdiction within	2722
Licking county.	2723

The Lima municipal court has jurisdiction within Allen	2724
county.	2725

The Lorain municipal court has jurisdiction within the	2726
municipal corporation of Sheffield Lake, and within Sheffield	2727
township, in Lorain county.	2728

The Lyndhurst municipal court has jurisdiction within the	2729
municipal corporations of Mayfield Heights, Gates Mills, Mayfield,	2730
Highland Heights, and Richmond Heights in Cuyahoga county.	2731

The Madison county municipal court has jurisdiction within	2732
Madison county.	2733

The Mansfield municipal court has jurisdiction within	2734
Madison, Springfield, Sandusky, Franklin, Weller, Mifflin, Troy,	2735
Washington, Monroe, Perry, Jefferson, and Worthington townships,	2736
and within sections 35-36-31 and 32 of Butler township, in	2737
Richland county.	2738

The Marietta municipal court has jurisdiction within	2739
Washington county.	2740

The Marion municipal court has jurisdiction within Marion	2741
county.	2742

The Marysville municipal court has jurisdiction within Union	2743
county.	2744

The Mason municipal court has jurisdiction within Deerfield	2745
township in Warren county.	2746

The Massillon municipal court has jurisdiction within	2747
Bethlehem, Perry, Sugar Creek, Tuscarawas, Lawrence, and Jackson	2748
townships in Stark county.	2749

The Maumee municipal court has jurisdiction within the	2750
municipal corporations of Waterville and Whitehouse, within	2751
Waterville and Providence townships, and within those portions of	2752
Springfield, Monclova, and Swanton townships lying south of the	2753
northerly boundary line of the Ohio turnpike, in Lucas county.	2754

The Medina municipal court has jurisdiction within the	2755
municipal corporations of Briarwood Beach, Brunswick,	2756
Chippewa-on-the-Lake, and Spencer and within the townships of	2757
Brunswick Hills, Chatham, Granger, Hinckley, Lafayette,	2758
Litchfield, Liverpool, Medina, Montville, Spencer, and York	2759
townships, in Medina county.	2760

The Mentor municipal court has jurisdiction within the	2761
municipal corporation of Mentor-on-the-Lake in Lake county.	2762

The Miami county municipal court has jurisdiction within	2763
Miami county and within the part of the municipal corporation of	2764
Bradford that is located in Darke county.	2765

The Miamisburg municipal court has jurisdiction within the	2766
municipal corporations of Germantown and West Carrollton, and	2767
within German and Miami townships in Montgomery county.	2768

The Middletown municipal court has jurisdiction within	2769
Madison township, and within all of Lemon township, except within	2770
the municipal corporation of Monroe, in Butler county.	2771

Beginning July 1, 2010, the Montgomery county municipal court	2772
has jurisdiction within all of Montgomery county except for the	2773
municipal corporations of Centerville, Clayton, Dayton, Englewood,	2774
Germantown, Kettering, Miamisburg, Moraine, Oakwood, Union,	2775
Vandalia, and West Carrollton and Butler, German, Harrison, Miami,	2776
and Washington townships.	2777

Beginning January 1, 2003, the Morrow county municipal court	2778
has jurisdiction within Morrow county.	2779

The Mount Vernon municipal court has jurisdiction within Knox	2780
county.	2781

The Napoleon municipal court has jurisdiction within Henry	2782
county.	2783

The New Philadelphia municipal court has jurisdiction within	2784
the municipal corporation of Dover, and within Auburn, Bucks,	2785
Fairfield, Goshen, Jefferson, Warren, York, Dover, Franklin,	2786
Lawrence, Sandy, Sugarcreek, and Wayne townships in Tuscarawas	2787
county.	2788

The Newton Falls municipal court has jurisdiction within	2789
Bristol, Bloomfield, Lordstown, Newton, Braceville, Southington,	2790
Farmington, and Mesopotamia townships in Trumbull county.	2791

The Niles municipal court has jurisdiction within the	2792
municipal corporation of McDonald, and within Weathersfield	2793
township in Trumbull county.	2794

The Norwalk municipal court has jurisdiction within all of	2795
Huron county except within the municipal corporation of Bellevue	2796
and except within Lyme and Sherman townships.	2797

The Oberlin municipal court has jurisdiction within the	2798
municipal corporations of Amherst, Kipton, Rochester, South	2799
Amherst, and Wellington, and within Henrietta, Russia, Camden,	2800
Pittsfield, Brighton, Wellington, Penfield, Rochester, and	2801
Huntington townships, and within all of Amherst township except	2802
within the municipal corporation of Lorain, in Lorain county.	2803

The Oregon municipal court has jurisdiction within the	2804
municipal corporation of Harbor View, and within Jerusalem	2805
township, in Lucas county, and north within Maumee Bay and Lake	2806
Erie to the boundary line between Ohio and Michigan between the	2807
easterly boundary of the court and the easterly boundary of the	2808
Toledo municipal court.	2809

The Ottawa county municipal court has jurisdiction within	2810
Ottawa county.	2811

The Painesville municipal court has jurisdiction within	2812
Painesville, Perry, Leroy, Concord, and Madison townships in Lake	2813
county.	2814

The Parma municipal court has jurisdiction within the	2815
municipal corporations of Parma Heights, Brooklyn, Linndale, North	2816
Royalton, Broadview Heights, Seven Hills, and Brooklyn Heights in	2817
Cuyahoga county.	2818

The Perrysburg municipal court has jurisdiction within the	2819
municipal corporations of Luckey, Millbury, Northwood, Rossford,	2820
and Walbridge, and within Perrysburg, Lake, and Troy townships, in	2821
Wood county.	2822

The Portage county municipal court has jurisdiction within	2823
Portage county.	2824

The Portsmouth municipal court has jurisdiction within Scioto	2825
county.	2826

The Putnam county municipal court has jurisdiction within	2827
Putnam county.	2828

The Rocky River municipal court has jurisdiction within the	2829
municipal corporations of Bay Village, Westlake, Fairview Park,	2830
and North Olmsted, and within Riveredge township, in Cuyahoga	2831
county.	2832

The Sandusky municipal court has jurisdiction within the	2833
municipal corporations of Castalia and Bay View, and within	2834
Perkins township, in Erie county.	2835

Beginning January 1, 2013, the Sandusky county municipal	2836
court has jurisdiction within all of Sandusky county except within	2837
the municipal corporations of Bellevue and Fremont and Ballville,	2838
Sandusky, and York townships.	2839

The Shaker Heights municipal court has jurisdiction within	2840
the municipal corporations of University Heights, Beachwood,	2841
Pepper Pike, and Hunting Valley in Cuyahoga county.	2842

The Shelby municipal court has jurisdiction within Sharon,	2843
Jackson, Cass, Plymouth, and Blooming Grove townships, and within	2844
all of Butler township except sections 35-36-31 and 32, in	2845
Richland county.	2846

The Sidney municipal court has jurisdiction within Shelby	2847
county.	2848

Beginning January 1, 2009, the Stow municipal court has	2849
jurisdiction within Boston, Hudson, Northfield Center, Sagamore	2850
Hills, and Twinsburg townships, and within the municipal	2851
corporations of Boston Heights, Cuyahoga Falls, Hudson, Munroe	2852
Falls, Northfield, Peninsula, Reminderville, Silver Lake, Stow,	2853
Tallmadge, Twinsburg, and Macedonia, in Summit county.	2854

The Struthers municipal court has jurisdiction within the	2855
municipal corporations of Lowellville, New Middleton, and Poland,	2856
and within Poland and Springfield townships in Mahoning county.	2857

The Sylvania municipal court has jurisdiction within the	2858
municipal corporations of Berkey and Holland, and within Sylvania,	2859
Richfield, Spencer, and Harding townships, and within those	2860
portions of Swanton, Monclova, and Springfield townships lying	2861
north of the northerly boundary line of the Ohio turnpike, in	2862
Lucas county.	2863

The Tiffin municipal court has jurisdiction within Adams, Big	2864
Spring, Bloom, Clinton, Eden, Hopewell, Liberty, Pleasant, Reed,	2865
Scipio, Seneca, Thompson, and Venice townships in Seneca county.	2866

The Toledo municipal court has jurisdiction within Washington	2867
township, and within the municipal corporation of Ottawa Hills, in	2868
Lucas county.	2869

The Upper Sandusky municipal court has jurisdiction within	2870
Wyandot county.	2871

The Vandalia municipal court has jurisdiction within the	2872
municipal corporations of Clayton, Englewood, and Union, and	2873
within Butler, Harrison, and Randolph townships, in Montgomery	2874
county.	2875

The Van Wert municipal court has jurisdiction within Van Wert	2876
county.	2877

The Vermilion municipal court has jurisdiction within the	2878
townships of Vermilion and Florence in Erie county and within all	2879
of Brownhelm township except within the municipal corporation of	2880
Lorain, in Lorain county.	2881

The Wadsworth municipal court has jurisdiction within the	2882
municipal corporations of Gloria Glens Park, Lodi, Seville, and	2883
Westfield Center, and within Guilford, Harrisville, Homer, Sharon,	2884
Wadsworth, and Westfield townships in Medina county.	2885

The Warren municipal court has jurisdiction within Warren and	2886
Champion townships, and within all of Howland township except	2887
within the municipal corporation of Niles, in Trumbull county.	2888

The Washington Court House municipal court has jurisdiction	2889
within Fayette county.	2890

The Wayne county municipal court has jurisdiction within	2891
Wayne county.	2892

The Willoughby municipal court has jurisdiction within the	2893
municipal corporations of Eastlake, Wickliffe, Willowick,	2894
Willoughby Hills, Kirtland, Kirtland Hills, Waite Hill,	2895
Timberlake, and Lakeline, and within Kirtland township, in Lake	2896
county.	2897

Through June 30, 1992, the Wilmington municipal court has	2898
jurisdiction within Clinton county.	2899

The Xenia municipal court has jurisdiction within	2900
Caesarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross,	2901
Silvercreek, Spring Valley, Sugarcreek, and Xenia townships in	2902
Greene county.	2903

(C) As used in this section:

2904

(1) "Within a township" includes all land, including, but not	2905
limited to, any part of any municipal corporation, that is	2906
physically located within the territorial boundaries of that	2907
township, whether or not that land or municipal corporation is	2908
governmentally a part of the township.	2909

(2) "Within a municipal corporation" includes all land within	2910
the territorial boundaries of the municipal corporation and any	2911
townships that are coextensive with the municipal corporation.	2912

Sec. 1901.03.  As used in this chapter:

2913

(A) "Territory" means the geographical areas within which	2914
municipal courts have jurisdiction as provided in sections 1901.01	2915
and 1901.02 of the Revised Code.	2916

(B) "Legislative authority" means the legislative authority	2917
of the municipal corporation in which a municipal court, other	2918
than a county-operated municipal court, is located, and means the	2919
respective board of county commissioners of the county in which a	2920
county-operated municipal court is located.	2921

(C) "Chief executive" means the chief executive of the	2922
municipal corporation in which a municipal court, other than a	2923
county-operated municipal court, is located, and means the	2924
respective chairman of the board of county commissioners of the	2925
county in which a county-operated municipal court is located.	2926

(D) "City treasury" means the treasury of the municipal	2927
corporation in which a municipal court, other than a	2928
county-operated municipal court, is located.	2929

(E) "City treasurer" means the treasurer of the municipal	2930
corporation in which a municipal court, other than a	2931
county-operated municipal court, is located.	2932

(F) "County-operated municipal court" means the Auglaize	2933
county, Brown county, Carroll county, Clermont county, Columbiana	2934
county, Crawford county, Darke county, Erie county, Hamilton	2935
county, Hocking county, Holmes county, Jackson county, Lawrence	2936
county, Madison county, Miami county, Montgomery county, Morrow	2937
county, Ottawa county, Portage county, Putnam county, or Wayne	2938
county municipal court and, effective January 1, 20082013, also	2939
includes the ErieSandusky county municipal court.	2940

(G) "A municipal corporation in which a municipal court is	2941
located" includes each municipal corporation named in section	2942
1901.01 of the Revised Code, but does not include one in which a	2943
judge sits pursuant to any provision of section 1901.021 of the	2944
Revised Code except division (M) of that section.	2945

Sec. 1901.07.  (A) All municipal court judges shall be	2946
elected on the nonpartisan ballot for terms of six years. In a	2947
municipal court in which only one judge is to be elected in any	2948
one year, that judge's term commences on the first day of January	2949
after the election. In a municipal court in which two or more	2950
judges are to be elected in any one year, their terms commence on	2951
successive days beginning the first day of January, following the	2952
election, unless otherwise provided by section 1901.08 of the	2953
Revised Code.	2954

(B) All candidates for municipal court judge may be nominated	2955
either by nominating petition or by primary election, except that	2956
if the jurisdiction of a municipal court extends only to the	2957
corporate limits of the municipal corporation in which the court	2958
is located and that municipal corporation operates under a	2959
charter, all candidates shall be nominated in the same manner	2960
provided in the charter for the office of municipal court judge	2961
or, if no specific provisions are made in the charter for the	2962
office of municipal court judge, in the same manner as the charter	2963
prescribes for the nomination and election of the legislative	2964
authority of the municipal corporation.	2965

If the jurisdiction of a municipal court extends beyond the	2966
corporate limits of the municipal corporation in which it is	2967
located or if the jurisdiction of the court does not extend beyond	2968
the corporate limits of the municipal corporation in which it is	2969
located and no charter provisions apply, all candidates for party	2970
nomination to the office of municipal court judge shall file a	2971
declaration of candidacy and petition not later than four p.m. of	2972
the ninetieth day before the day of the primary election in the	2973
form prescribed by section 3513.07 of the Revised Code. The	2974
petition shall conform to the requirements provided for those	2975
petitions of candidacy contained in section 3513.05 of the Revised	2976
Code, except that the petition shall be signed by at least fifty	2977
electors of the territory of the court. If no valid declaration of	2978
candidacy is filed for nomination as a candidate of a political	2979
party for election to the office of municipal court judge, or if	2980
the number of persons filing the declarations of candidacy for	2981
nominations as candidates of one political party for election to	2982
the office does not exceed the number of candidates that that	2983
party is entitled to nominate as its candidates for election to	2984
the office, no primary election shall be held for the purpose of	2985
nominating candidates of that party for election to the office,	2986
and the candidates shall be issued certificates of nomination in	2987
the manner set forth in section 3513.02 of the Revised Code.	2988

If the jurisdiction of a municipal court extends beyond the	2989
corporate limits of the municipal corporation in which it is	2990
located or if the jurisdiction of the court does not extend beyond	2991
the corporate limits of the municipal corporation in which it is	2992
located and no charter provisions apply, nonpartisan candidates	2993
for the office of municipal court judge shall file nominating	2994
petitions not later than four p.m. of the day before the day of	2995
the primary election in the form prescribed by section 3513.261 of	2996
the Revised Code. The petition shall conform to the requirements	2997
provided for those petitions of candidacy contained in section	2998
3513.257 of the Revised Code, except that the petition shall be	2999
signed by at least fifty electors of the territory of the court.	3000

The nominating petition or declaration of candidacy for a	3001
municipal court judge shall contain a designation of the term for	3002
which the candidate seeks election. At the following regular	3003
municipal election, the candidacies of the judges nominated shall	3004
be submitted to the electors of the territory on a nonpartisan,	3005
judicial ballot in the same manner as provided for judges of the	3006
court of common pleas, except that, in a municipal corporation	3007
operating under a charter, all candidates for municipal court	3008
judge shall be elected in conformity with the charter if	3009
provisions are made in the charter for the election of municipal	3010
court judges.	3011

(C) Notwithstanding divisions (A) and (B) of this section, in	3012
the following municipal courts, the judges shall be nominated and	3013
elected as follows:	3014

(1) In the Cleveland municipal court, the judges shall be	3015
nominated only by petition. The petition shall be signed by at	3016
least fifty electors of the territory of the court. It shall be in	3017
the statutory form and shall be filed in the manner and within the	3018
time prescribed by the charter of the city of Cleveland for filing	3019
petitions of candidates for municipal offices. Each elector shall	3020
have the right to sign petitions for as many candidates as are to	3021
be elected, but no more. The judges shall be elected by the	3022
electors of the territory of the court in the manner provided by	3023
law for the election of judges of the court of common pleas.	3024

(2) In the Toledo municipal court, the judges shall be	3025
nominated only by petition. The petition shall be signed by at	3026
least fifty electors of the territory of the court. It shall be in	3027
the statutory form and shall be filed in the manner and within the	3028
time prescribed by the charter of the city of Toledo for filing	3029
nominating petitions for city council. Each elector shall have the	3030
right to sign petitions for as many candidates as are to be	3031
elected, but no more. The judges shall be elected by the electors	3032
of the territory of the court in the manner provided by law for	3033
the election of judges of the court of common pleas.	3034

(3) In the Akron municipal court, the judges shall be	3035
nominated only by petition. The petition shall be signed by at	3036
least fifty electors of the territory of the court. It shall be in	3037
statutory form and shall be filed in the manner and within the	3038
time prescribed by the charter of the city of Akron for filing	3039
nominating petitions of candidates for municipal offices. Each	3040
elector shall have the right to sign petitions for as many	3041
candidates as are to be elected, but no more. The judges shall be	3042
elected by the electors of the territory of the court in the	3043
manner provided by law for the election of judges of the court of	3044
common pleas.	3045

(4) In the Hamilton county municipal court, the judges shall	3046
be nominated only by petition. The petition shall be signed by at	3047
least one hundred electors of the judicial district of the county	3048
from which the candidate seeks election, which petitions shall be	3049
signed and filed not later than four p.m. of the day before the	3050
day of the primary election in the form prescribed by section	3051
3513.261 of the Revised Code. Unless otherwise provided in this	3052
section, the petition shall conform to the requirements provided	3053
for nominating petitions in section 3513.257 of the Revised Code.	3054
The judges shall be elected by the electors of the relative	3055
judicial district of the county at the regular municipal election	3056
and in the manner provided by law for the election of judges of	3057
the court of common pleas.	3058

(5) In the Franklin county municipal court, the judges shall	3059
be nominated only by petition. The petition shall be signed by at	3060
least fifty electors of the territory of the court. The petition	3061
shall be in the statutory form and shall be filed in the manner	3062
and within the time prescribed by the charter of the city of	3063
Columbus for filing petitions of candidates for municipal offices.	3064
The judges shall be elected by the electors of the territory of	3065
the court in the manner provided by law for the election of judges	3066
of the court of common pleas.	3067

(6) In the Auglaize, Brown, Carroll, Clermont, Crawford,	3068
Hocking, Jackson, Lawrence, Madison, Miami, Morrow, Putnam,	3069
Sandusky, and Wayne county municipal courts, the judges shall be	3070
nominated only by petition. The petitions shall be signed by at	3071
least fifty electors of the territory of the court and shall	3072
conform to the provisions of this section.	3073

(D) In the Portage county municipal court, the judges shall	3074
be nominated either by nominating petition or by primary election,	3075
as provided in division (B) of this section.	3076

(E) As used in this section, as to an election for either a	3077
full or an unexpired term, "the territory within the jurisdiction	3078
of the court" means that territory as it will be on the first day	3079
of January after the election.	3080

Sec. 1901.08. The number of, and the time for election of,	3081
judges of the following municipal courts and the beginning of	3082
their terms shall be as follows:	3083

In the Akron municipal court, two full-time judges shall be	3084
elected in 1951, two full-time judges shall be elected in 1953,	3085
one full-time judge shall be elected in 1967, and one full-time	3086
judge shall be elected in 1975.	3087

In the Alliance municipal court, one full-time judge shall be	3088
elected in 1953.	3089

In the Ashland municipal court, one full-time judge shall be	3090
elected in 1951.	3091

In the Ashtabula municipal court, one full-time judge shall	3092
be elected in 1953.	3093

In the Athens county municipal court, one full-time judge	3094
shall be elected in 1967.	3095

In the Auglaize county municipal court, one full-time judge	3096
shall be elected in 1975.	3097

In the Avon Lake municipal court, one part-time judge shall	3098
be elected in 1957.	3099

In the Barberton municipal court, one full-time judge shall	3100
be elected in 1969, and one full-time judge shall be elected in	3101
1971.	3102

In the Bedford municipal court, one full-time judge shall be	3103
elected in 1975, and one full-time judge shall be elected in 1979.	3104

In the Bellefontaine municipal court, one full-time judge	3105
shall be elected in 1993.	3106

In the Bellevue municipal court, one part-time judge shall be	3107
elected in 1951.	3108

In the Berea municipal court, one full-time judge shall be	3109
elected in 2005.	3110

In the Bowling Green municipal court, one full-time judge	3111
shall be elected in 1983.	3112

In the Brown county municipal court, one full-time judge	3113
shall be elected in 2005. Beginning February 9, 2003, the	3114
part-time judge of the Brown county county court that existed	3115
prior to that date whose term commenced on January 2, 2001, shall	3116
serve as the full-time judge of the Brown county municipal court	3117
until December 31, 2005.	3118

In the Bryan municipal court, one full-time judge shall be	3119
elected in 1965.	3120

In the Cambridge municipal court, one full-time judge shall	3121
be elected in 1951.	3122

In the Campbell municipal court, one part-time judge shall be	3123
elected in 1963.	3124

In the Canton municipal court, one full-time judge shall be	3125
elected in 1951, one full-time judge shall be elected in 1969, and	3126
two full-time judges shall be elected in 1977.	3127

In the Carroll county municipal court, one full-time judge	3128
shall be elected in 2009. Beginning January 1, 2007, the judge	3129
elected in 2006 to the part-time judgeship of the Carroll county	3130
county court that existed prior to that date shall serve as the	3131
full-time judge of the Carroll county municipal court until	3132
December 31, 2009.	3133

In the Celina municipal court, one full-time judge shall be	3134
elected in 1957.	3135

In the Champaign county municipal court, one full-time judge	3136
shall be elected in 2001.	3137

In the Chardon municipal court, one full-time judge shall be	3138
elected in 1963.	3139

In the Chillicothe municipal court, one full-time judge shall	3140
be elected in 1951, and one full-time judge shall be elected in	3141
1977.	3142

In the Circleville municipal court, one full-time judge shall	3143
be elected in 1953.	3144

In the Clark county municipal court, one full-time judge	3145
shall be elected in 1989, and two full-time judges shall be	3146
elected in 1991. The full-time judges of the Springfield municipal	3147
court who were elected in 1983 and 1985 shall serve as the judges	3148
of the Clark county municipal court from January 1, 1988, until	3149
the end of their respective terms.	3150

In the Clermont county municipal court, two full-time judges	3151
shall be elected in 1991, and one full-time judge shall be elected	3152
in 1999.	3153

In the Cleveland municipal court, six full-time judges shall	3154
be elected in 1975, three full-time judges shall be elected in	3155
1953, and four full-time judges shall be elected in 1955.	3156

In the Cleveland Heights municipal court, one full-time judge	3157
shall be elected in 1957.	3158

In the Clinton county municipal court, one full-time judge	3159
shall be elected in 1997. The full-time judge of the Wilmington	3160
municipal court who was elected in 1991 shall serve as the judge	3161
of the Clinton county municipal court from July 1, 1992, until the	3162
end of that judge's term on December 31, 1997.	3163

In the Columbiana county municipal court, two full-time	3164
judges shall be elected in 2001.	3165

In the Conneaut municipal court, one full-time judge shall be	3166
elected in 1953.	3167

In the Coshocton municipal court, one full-time judge shall	3168
be elected in 1951.	3169

In the Crawford county municipal court, one full-time judge	3170
shall be elected in 1977.	3171

In the Cuyahoga Falls municipal court, one full-time judge	3172
shall be elected in 1953, and one full-time judge shall be elected	3173
in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal	3174
court shall cease to exist; however, the judges of the Cuyahoga	3175
Falls municipal court who were elected pursuant to this section in	3176
2003 and 2007 for terms beginning on January 1, 2004, and January	3177
1, 2008, respectively, shall serve as full-time judges of the Stow	3178
municipal court until December 31, 2009, and December 31, 2013,	3179
respectively.	3180

In the Darke county municipal court, one full-time judge	3181
shall be elected in 2005. Beginning January 1, 2005, the part-time	3182
judge of the Darke county county court that existed prior to that	3183
date whose term began on January 1, 2001, shall serve as the	3184
full-time judge of the Darke county municipal court until December	3185
31, 2005.	3186

In the Dayton municipal court, three full-time judges shall	3187
be elected in 1987, their terms to commence on successive days	3188
beginning on the first day of January next after their election,	3189
and two full-time judges shall be elected in 1955, their terms to	3190
commence on successive days beginning on the second day of January	3191
next after their election.	3192

In the Defiance municipal court, one full-time judge shall be	3193
elected in 1957.	3194

In the Delaware municipal court, one full-time judge shall be	3195
elected in 1953, and one full-time judge shall be elected in 2007.	3196

In the East Cleveland municipal court, one full-time judge	3197
shall be elected in 1957.	3198

In the East Liverpool municipal court, one full-time judge	3199
shall be elected in 1953.	3200

In the Eaton municipal court, one full-time judge shall be	3201
elected in 1973.	3202

In the Elyria municipal court, one full-time judge shall be	3203
elected in 1955, and one full-time judge shall be elected in 1973.	3204

In the Erie county municipal court, one full-time judge shall	3205
be elected in 2007.	3206

In the Euclid municipal court, one full-time judge shall be	3207
elected in 1951.	3208

In the Fairborn municipal court, one full-time judge shall be	3209
elected in 1977.	3210

In the Fairfield county municipal court, one full-time judge	3211
shall be elected in 2003, and one full-time judge shall be elected	3212
in 2005.	3213

In the Fairfield municipal court, one full-time judge shall	3214
be elected in 1989.	3215

In the Findlay municipal court, one full-time judge shall be	3216
elected in 1955, and one full-time judge shall be elected in 1993.	3217

In the Fostoria municipal court, one full-time judge shall be	3218
elected in 1975.	3219

In the Franklin municipal court, one part-time judge shall be	3220
elected in 1951.	3221

In the Franklin county municipal court, two full-time judges	3222
shall be elected in 1969, three full-time judges shall be elected	3223
in 1971, seven full-time judges shall be elected in 1967, one	3224
full-time judge shall be elected in 1975, one full-time judge	3225
shall be elected in 1991, and one full-time judge shall be elected	3226
in 1997.	3227

In the Fremont municipal court, one full-time judge shall be	3228
elected in 1975.	3229

In the Gallipolis municipal court, one full-time judge shall	3230
be elected in 1981.	3231

In the Garfield Heights municipal court, one full-time judge	3232
shall be elected in 1951, and one full-time judge shall be elected	3233
in 1981.	3234

In the Girard municipal court, one full-time judge shall be	3235
elected in 1963.	3236

In the Hamilton municipal court, one full-time judge shall be	3237
elected in 1953.	3238

In the Hamilton county municipal court, five full-time judges	3239
shall be elected in 1967, five full-time judges shall be elected	3240
in 1971, two full-time judges shall be elected in 1981, and two	3241
full-time judges shall be elected in 1983. All terms of judges of	3242
the Hamilton county municipal court shall commence on the first	3243
day of January next after their election, except that the terms of	3244
the additional judges to be elected in 1981 shall commence on	3245
January 2, 1982, and January 3, 1982, and that the terms of the	3246
additional judges to be elected in 1983 shall commence on January	3247
4, 1984, and January 5, 1984.	3248

In the Hardin county municipal court, one part-time judge	3249
shall be elected in 1989.	3250

In the Hillsboro municipal court, one full-time judge shall	3251
be elected in 2011. On and after December 30, 2008, the part-time	3252
judge of the Hillsboro municipal court who was elected in 2005	3253
shall serve as a full-time judge of the court until the end of	3254
that judge's term on December 31, 2011.	3255

In the Hocking county municipal court, one full-time judge	3256
shall be elected in 1977.	3257

In the Holmes county municipal court, one full-time judge	3258
shall be elected in 2007. Beginning January 1, 2007, the part-time	3259
judge of the Holmes county county court that existed prior to that	3260
date whose term commenced on January 1, 2007, shall serve as the	3261
full-time judge of the Holmes county municipal court until	3262
December 31, 2007.	3263

In the Huron municipal court, one part-time judge shall be	3264
elected in 1967.	3265

In the Ironton municipal court, one full-time judge shall be	3266
elected in 1951.	3267

In the Jackson county municipal court, one full-time judge	3268
shall be elected in 2001. On and after March 31, 1997, the	3269
part-time judge of the Jackson county municipal court who was	3270
elected in 1995 shall serve as a full-time judge of the court	3271
until the end of that judge's term on December 31, 2001.	3272

In the Kettering municipal court, one full-time judge shall	3273
be elected in 1971, and one full-time judge shall be elected in	3274
1975.	3275

In the Lakewood municipal court, one full-time judge shall be	3276
elected in 1955.	3277

In the Lancaster municipal court, one full-time judge shall	3278
be elected in 1951, and one full-time judge shall be elected in	3279
1979. Beginning January 2, 2000, the full-time judges of the	3280
Lancaster municipal court who were elected in 1997 and 1999 shall	3281
serve as judges of the Fairfield county municipal court until the	3282
end of those judges' terms.	3283

In the Lawrence county municipal court, one part-time judge	3284
shall be elected in 1981.	3285

In the Lebanon municipal court, one part-time judge shall be	3286
elected in 1955.	3287

In the Licking county municipal court, one full-time judge	3288
shall be elected in 1951, and one full-time judge shall be elected	3289
in 1971.	3290

In the Lima municipal court, one full-time judge shall be	3291
elected in 1951, and one full-time judge shall be elected in 1967.	3292

In the Lorain municipal court, one full-time judge shall be	3293
elected in 1953, and one full-time judge shall be elected in 1973.	3294

In the Lyndhurst municipal court, one full-time judge shall	3295
be elected in 1957.	3296

In the Madison county municipal court, one full-time judge	3297
shall be elected in 1981.	3298

In the Mansfield municipal court, one full-time judge shall	3299
be elected in 1951, and one full-time judge shall be elected in	3300
1969.	3301

In the Marietta municipal court, one full-time judge shall be	3302
elected in 1957.	3303

In the Marion municipal court, one full-time judge shall be	3304
elected in 1951.	3305

In the Marysville municipal court, one full-time judge shall	3306
be elected in 2011. On and after January 18, 2007, the part-time	3307
judge of the Marysville municipal court who was elected in 2005	3308
shall serve as a full-time judge of the court until the end of	3309
that judge's term on December 31, 2011.	3310

In the Mason municipal court, one part-time judge shall be	3311
elected in 1965.	3312

In the Massillon municipal court, one full-time judge shall	3313
be elected in 1953, and one full-time judge shall be elected in	3314
1971.	3315

In the Maumee municipal court, one full-time judge shall be	3316
elected in 1963.	3317

In the Medina municipal court, one full-time judge shall be	3318
elected in 1957.	3319

In the Mentor municipal court, one full-time judge shall be	3320
elected in 1971.	3321

In the Miami county municipal court, one full-time judge	3322
shall be elected in 1975, and one full-time judge shall be elected	3323
in 1979.	3324

In the Miamisburg municipal court, one full-time judge shall	3325
be elected in 1951.	3326

In the Middletown municipal court, one full-time judge shall	3327
be elected in 1953.	3328

In the Montgomery county municipal court:

3329

One judge shall be elected in 2011 to a part-time judgeship	3330
for a term to begin on January 1, 2012. If any one of the other	3331
judgeships of the court becomes vacant and is abolished after July	3332
1, 2010, this judgeship shall become a full-time judgeship on that	3333
date. If only one other judgeship of the court becomes vacant and	3334
is abolished as of December 31, 2021, this judgeship shall be	3335
abolished as of that date. Beginning July 1, 2010, the part-time	3336
judge of the Montgomery county county court that existed before	3337
that date whose term commenced on January 1, 2005, shall serve as	3338
a part-time judge of the Montgomery county municipal court until	3339
December 31, 2011.	3340

One judge shall be elected in 2011 to a full-time judgeship	3341
for a term to begin on January 2, 2012, and this judgeship shall	3342
be abolished on January 1, 2016. Beginning July 1, 2010, the	3343
part-time judge of the Montgomery county county court that existed	3344
before that date whose term commenced on January 2, 2005, shall	3345
serve as a full-time judge of the Montgomery county municipal	3346
court until January 1, 2012.	3347

One judge shall be elected in 2013 to a full-time judgeship	3348
for a term to begin on January 2, 2014. Beginning July 1, 2010,	3349
the part-time judge of the Montgomery county county court that	3350
existed before that date whose term commenced on January 2, 2007,	3351
shall serve as a full-time judge of the Montgomery county	3352
municipal court until January 1, 2014.	3353

One judge shall be elected in 2013 to a judgeship for a term	3354
to begin on January 1, 2014. If no other judgeship of the court	3355
becomes vacant and is abolished by January 1, 2014, this judgeship	3356
shall be a part-time judgeship. When one or more of the other	3357
judgeships of the court becomes vacant and is abolished after July	3358
1, 2010, this judgeship shall become a full-time judgeship.	3359
Beginning July 1, 2010, the part-time judge of the Montgomery	3360
county county court that existed before that date whose term	3361
commenced on January 1, 2007, shall serve as this judge of the	3362
Montgomery county municipal court until December 31, 2013.	3363

If any one of the judgeships of the court becomes vacant	3364
before December 31, 2021, that judgeship is abolished on the date	3365
that it becomes vacant, and the other judges of the court shall be	3366
or serve as full-time judges. The abolishment of judgeships for	3367
the Montgomery county municipal court shall cease when the court	3368
has two full-time judgeships.	3369

In the Morrow county municipal court, one full-time judge	3370
shall be elected in 2005. Beginning January 1, 2003, the part-time	3371
judge of the Morrow county county court that existed prior to that	3372
date shall serve as the full-time judge of the Morrow county	3373
municipal court until December 31, 2005.	3374

In the Mount Vernon municipal court, one full-time judge	3375
shall be elected in 1951.	3376

In the Napoleon municipal court, one full-time judge shall be	3377
elected in 2005.	3378

In the New Philadelphia municipal court, one full-time judge	3379
shall be elected in 1975.	3380

In the Newton Falls municipal court, one full-time judge	3381
shall be elected in 1963.	3382

In the Niles municipal court, one full-time judge shall be	3383
elected in 1951.	3384

In the Norwalk municipal court, one full-time judge shall be	3385
elected in 1975.	3386

In the Oakwood municipal court, one part-time judge shall be	3387
elected in 1953.	3388

In the Oberlin municipal court, one full-time judge shall be	3389
elected in 1989.	3390

In the Oregon municipal court, one full-time judge shall be	3391
elected in 1963.	3392

In the Ottawa county municipal court, one full-time judge	3393
shall be elected in 1995, and the full-time judge of the Port	3394
Clinton municipal court who is elected in 1989 shall serve as the	3395
judge of the Ottawa county municipal court from February 4, 1994,	3396
until the end of that judge's term.	3397

In the Painesville municipal court, one full-time judge shall	3398
be elected in 1951.	3399

In the Parma municipal court, one full-time judge shall be	3400
elected in 1951, one full-time judge shall be elected in 1967, and	3401
one full-time judge shall be elected in 1971.	3402

In the Perrysburg municipal court, one full-time judge shall	3403
be elected in 1977.	3404

In the Portage county municipal court, two full-time judges	3405
shall be elected in 1979, and one full-time judge shall be elected	3406
in 1971.	3407

In the Port Clinton municipal court, one full-time judge	3408
shall be elected in 1953. The full-time judge of the Port Clinton	3409
municipal court who is elected in 1989 shall serve as the judge of	3410
the Ottawa county municipal court from February 4, 1994, until the	3411
end of that judge's term.	3412

In the Portsmouth municipal court, one full-time judge shall	3413
be elected in 1951, and one full-time judge shall be elected in	3414
1985.	3415

In the Putnam county municipal court, one full-time judge	3416
shall be elected in 2011. Beginning January 1, 2011, the part-time	3417
judge of the Putnam county county court that existed prior to that	3418
date whose term commenced on January 1, 2007, shall serve as the	3419
full-time judge of the Putnam county municipal court until	3420
December 31, 2011.	3421

In the Rocky River municipal court, one full-time judge shall	3422
be elected in 1957, and one full-time judge shall be elected in	3423
1971.	3424

In the Sandusky municipal court, one full-time judge shall be	3425
elected in 1953.	3426

In the Sandusky county municipal court, one full-time judge	3427
shall be elected in 2013. Beginning on January 1, 2013, the two	3428
part-time judges of the Sandusky county county court that existed	3429
prior to that date shall serve as part-time judges of the Sandusky	3430
county municipal court until December 31, 2013. If either	3431
judgeship becomes vacant before January 1, 2014, that judgeship is	3432
abolished on the date it becomes vacant, and the person who holds	3433
the other judgeship shall serve as the full-time judge of the	3434
Sandusky county municipal court until December 31, 2013.	3435

In the Shaker Heights municipal court, one full-time judge	3436
shall be elected in 1957.	3437

In the Shelby municipal court, one part-time judge shall be	3438
elected in 1957.	3439

In the Sidney municipal court, one full-time judge shall be	3440
elected in 1995.	3441

In the South Euclid municipal court, one full-time judge	3442
shall be elected in 1999. The part-time judge elected in 1993,	3443
whose term commenced on January 1, 1994, shall serve until	3444
December 31, 1999, and the office of that judge is abolished on	3445
January 1, 2000.	3446

In the Springfield municipal court, two full-time judges	3447
shall be elected in 1985, and one full-time judge shall be elected	3448
in 1983, all of whom shall serve as the judges of the Springfield	3449
municipal court through December 31, 1987, and as the judges of	3450
the Clark county municipal court from January 1, 1988, until the	3451
end of their respective terms.	3452

In the Steubenville municipal court, one full-time judge	3453
shall be elected in 1953.	3454

In the Stow municipal court, one full-time judge shall be	3455
elected in 2009, and one full-time judge shall be elected in 2013.	3456
Beginning January 1, 2009, the judge of the Cuyahoga Falls	3457
municipal court that existed prior to that date whose term	3458
commenced on January 1, 2008, shall serve as a full-time judge of	3459
the Stow municipal court until December 31, 2013. Beginning	3460
January 1, 2009, the judge of the Cuyahoga Falls municipal court	3461
that existed prior to that date whose term commenced on January 1,	3462
2004, shall serve as a full-time judge of the Stow municipal court	3463
until December 31, 2009.	3464

In the Struthers municipal court, one part-time judge shall	3465
be elected in 1963.	3466

In the Sylvania municipal court, one full-time judge shall be	3467
elected in 1963.	3468

In the Tiffin municipal court, one full-time judge shall be	3469
elected in 1953.	3470

In the Toledo municipal court, two full-time judges shall be	3471
elected in 1971, four full-time judges shall be elected in 1975,	3472
and one full-time judge shall be elected in 1973.	3473

In the Upper Sandusky municipal court, one full-time judge	3474
shall be elected in 2011. The part-time judge elected in 2005,	3475
whose term commenced on January 1, 2006, shall serve as a	3476
full-time judge on and after January 1, 2008, until the expiration	3477
of that judge's term on December 31, 2011, and the office of that	3478
judge is abolished on January 1, 2012.	3479

In the Vandalia municipal court, one full-time judge shall be	3480
elected in 1959.	3481

In the Van Wert municipal court, one full-time judge shall be	3482
elected in 1957.	3483

In the Vermilion municipal court, one part-time judge shall	3484
be elected in 1965.	3485

In the Wadsworth municipal court, one full-time judge shall	3486
be elected in 1981.	3487

In the Warren municipal court, one full-time judge shall be	3488
elected in 1951, and one full-time judge shall be elected in 1971.	3489

In the Washington Court House municipal court, one full-time	3490
judge shall be elected in 1999. The part-time judge elected in	3491
1993, whose term commenced on January 1, 1994, shall serve until	3492
December 31, 1999, and the office of that judge is abolished on	3493
January 1, 2000.	3494

In the Wayne county municipal court, one full-time judge	3495
shall be elected in 1975, and one full-time judge shall be elected	3496
in 1979.	3497

In the Willoughby municipal court, one full-time judge shall	3498
be elected in 1951.	3499

In the Wilmington municipal court, one full-time judge shall	3500
be elected in 1991, who shall serve as the judge of the Wilmington	3501
municipal court through June 30, 1992, and as the judge of the	3502
Clinton county municipal court from July 1, 1992, until the end of	3503
that judge's term on December 31, 1997.	3504

In the Xenia municipal court, one full-time judge shall be	3505
elected in 1977.	3506

In the Youngstown municipal court, one full-time judge shall	3507
be elected in 1951, and two full-time judges shall be elected in	3508
1953.	3509

In the Zanesville municipal court, one full-time judge shall	3510
be elected in 1953.	3511

Sec. 1901.31.  The clerk and deputy clerks of a municipal	3512
court shall be selected, be compensated, give bond, and have	3513
powers and duties as follows:	3514

(A) There shall be a clerk of the court who is appointed or	3515
elected as follows:	3516

(1)(a) Except in the Akron, Barberton, Toledo, Hamilton	3517
county, Miami county, Montgomery county, Portage county, and Wayne	3518
county municipal courts and through December 31, 2008, the	3519
Cuyahoga Falls municipal court, if the population of the territory	3520
equals or exceeds one hundred thousand at the regular municipal	3521
election immediately preceding the expiration of the term of the	3522
present clerk, the clerk shall be nominated and elected by the	3523
qualified electors of the territory in the manner that is provided	3524
for the nomination and election of judges in section 1901.07 of	3525
the Revised Code.	3526

The clerk so elected shall hold office for a term of six	3527
years, which term shall commence on the first day of January	3528
following the clerk's election and continue until the clerk's	3529
successor is elected and qualified.	3530

(b) In the Hamilton county municipal court, the clerk of	3531
courts of Hamilton county shall be the clerk of the municipal	3532
court and may appoint an assistant clerk who shall receive the	3533
compensation, payable out of the treasury of Hamilton county in	3534
semimonthly installments, that the board of county commissioners	3535
prescribes. The clerk of courts of Hamilton county, acting as the	3536
clerk of the Hamilton county municipal court and assuming the	3537
duties of that office, shall receive compensation at one-fourth	3538
the rate that is prescribed for the clerks of courts of common	3539
pleas as determined in accordance with the population of the	3540
county and the rates set forth in sections 325.08 and 325.18 of	3541
the Revised Code. This compensation shall be paid from the county	3542
treasury in semimonthly installments and is in addition to the	3543
annual compensation that is received for the performance of the	3544
duties of the clerk of courts of Hamilton county, as provided in	3545
sections 325.08 and 325.18 of the Revised Code.	3546

(c) In the Portage county and Wayne county municipal courts,	3547
the clerks of courts of Portage county and Wayne county shall be	3548
the clerks, respectively, of the Portage county and Wayne county	3549
municipal courts and may appoint a chief deputy clerk for each	3550
branch that is established pursuant to section 1901.311 of the	3551
Revised Code and assistant clerks as the judges of the municipal	3552
court determine are necessary, all of whom shall receive the	3553
compensation that the legislative authority prescribes. The clerks	3554
of courts of Portage county and Wayne county, acting as the clerks	3555
of the Portage county and Wayne county municipal courts and	3556
assuming the duties of these offices, shall receive compensation	3557
payable from the county treasury in semimonthly installments at	3558
one-fourth the rate that is prescribed for the clerks of courts of	3559
common pleas as determined in accordance with the population of	3560
the county and the rates set forth in sections 325.08 and 325.18	3561
of the Revised Code.	3562

(d) In the Montgomery county and Miami county municipal	3563
courts, the clerks of courts of Montgomery county and Miami county	3564
shall be the clerks, respectively, of the Montgomery county and	3565
Miami county municipal courts. The clerks of courts of Montgomery	3566
county and Miami county, acting as the clerks of the Montgomery	3567
county and Miami county municipal courts and assuming the duties	3568
of these offices, shall receive compensation at one-fourth the	3569
rate that is prescribed for the clerks of courts of common pleas	3570
as determined in accordance with the population of the county and	3571
the rates set forth in sections 325.08 and 325.18 of the Revised	3572
Code. This compensation shall be paid from the county treasury in	3573
semimonthly installments and is in addition to the annual	3574
compensation that is received for the performance of the duties of	3575
the clerks of courts of Montgomery county and Miami county, as	3576
provided in sections 325.08 and 325.18 of the Revised Code.	3577

(e) Except as otherwise provided in division (A)(1)(e) of	3578
this section, in the Akron municipal court, candidates for	3579
election to the office of clerk of the court shall be nominated by	3580
primary election. The primary election shall be held on the day	3581
specified in the charter of the city of Akron for the nomination	3582
of municipal officers. Notwithstanding any contrary provision of	3583
section 3513.05 or 3513.257 of the Revised Code, the declarations	3584
of candidacy and petitions of partisan candidates and the	3585
nominating petitions of independent candidates for the office of	3586
clerk of the Akron municipal court shall be signed by at least	3587
fifty qualified electors of the territory of the court.	3588

The candidates shall file a declaration of candidacy and	3589
petition, or a nominating petition, whichever is applicable, not	3590
later than four p.m. of the ninetieth day before the day of the	3591
primary election, in the form prescribed by section 3513.07 or	3592
3513.261 of the Revised Code. The declaration of candidacy and	3593
petition, or the nominating petition, shall conform to the	3594
applicable requirements of section 3513.05 or 3513.257 of the	3595
Revised Code.	3596

If no valid declaration of candidacy and petition is filed by	3597
any person for nomination as a candidate of a particular political	3598
party for election to the office of clerk of the Akron municipal	3599
court, a primary election shall not be held for the purpose of	3600
nominating a candidate of that party for election to that office.	3601
If only one person files a valid declaration of candidacy and	3602
petition for nomination as a candidate of a particular political	3603
party for election to that office, a primary election shall not be	3604
held for the purpose of nominating a candidate of that party for	3605
election to that office, and the candidate shall be issued a	3606
certificate of nomination in the manner set forth in section	3607
3513.02 of the Revised Code.	3608

Declarations of candidacy and petitions, nominating	3609
petitions, and certificates of nomination for the office of clerk	3610
of the Akron municipal court shall contain a designation of the	3611
term for which the candidate seeks election. At the following	3612
regular municipal election, all candidates for the office shall be	3613
submitted to the qualified electors of the territory of the court	3614
in the manner that is provided in section 1901.07 of the Revised	3615
Code for the election of the judges of the court. The clerk so	3616
elected shall hold office for a term of six years, which term	3617
shall commence on the first day of January following the clerk's	3618
election and continue until the clerk's successor is elected and	3619
qualified.	3620

(f) Except as otherwise provided in division (A)(1)(f) of	3621
this section, in the Barberton municipal court, candidates for	3622
election to the office of clerk of the court shall be nominated by	3623
primary election. The primary election shall be held on the day	3624
specified in the charter of the city of Barberton for the	3625
nomination of municipal officers. Notwithstanding any contrary	3626
provision of section 3513.05 or 3513.257 of the Revised Code, the	3627
declarations of candidacy and petitions of partisan candidates and	3628
the nominating petitions of independent candidates for the office	3629
of clerk of the Barberton municipal court shall be signed by at	3630
least fifty qualified electors of the territory of the court.	3631

The candidates shall file a declaration of candidacy and	3632
petition, or a nominating petition, whichever is applicable, not	3633
later than four p.m. of the ninetieth day before the day of the	3634
primary election, in the form prescribed by section 3513.07 or	3635
3513.261 of the Revised Code. The declaration of candidacy and	3636
petition, or the nominating petition, shall conform to the	3637
applicable requirements of section 3513.05 or 3513.257 of the	3638
Revised Code.	3639

If no valid declaration of candidacy and petition is filed by	3640
any person for nomination as a candidate of a particular political	3641
party for election to the office of clerk of the Barberton	3642
municipal court, a primary election shall not be held for the	3643
purpose of nominating a candidate of that party for election to	3644
that office. If only one person files a valid declaration of	3645
candidacy and petition for nomination as a candidate of a	3646
particular political party for election to that office, a primary	3647
election shall not be held for the purpose of nominating a	3648
candidate of that party for election to that office, and the	3649
candidate shall be issued a certificate of nomination in the	3650
manner set forth in section 3513.02 of the Revised Code.	3651

Declarations of candidacy and petitions, nominating	3652
petitions, and certificates of nomination for the office of clerk	3653
of the Barberton municipal court shall contain a designation of	3654
the term for which the candidate seeks election. At the following	3655
regular municipal election, all candidates for the office shall be	3656
submitted to the qualified electors of the territory of the court	3657
in the manner that is provided in section 1901.07 of the Revised	3658
Code for the election of the judges of the court. The clerk so	3659
elected shall hold office for a term of six years, which term	3660
shall commence on the first day of January following the clerk's	3661
election and continue until the clerk's successor is elected and	3662
qualified.	3663

(g)(i) Through December 31, 2008, except as otherwise	3664
provided in division (A)(1)(g)(i) of this section, in the Cuyahoga	3665
Falls municipal court, candidates for election to the office of	3666
clerk of the court shall be nominated by primary election. The	3667
primary election shall be held on the day specified in the charter	3668
of the city of Cuyahoga Falls for the nomination of municipal	3669
officers. Notwithstanding any contrary provision of section	3670
3513.05 or 3513.257 of the Revised Code, the declarations of	3671
candidacy and petitions of partisan candidates and the nominating	3672
petitions of independent candidates for the office of clerk of the	3673
Cuyahoga Falls municipal court shall be signed by at least fifty	3674
qualified electors of the territory of the court.	3675

The candidates shall file a declaration of candidacy and	3676
petition, or a nominating petition, whichever is applicable, not	3677
later than four p.m. of the ninetieth day before the day of the	3678
primary election, in the form prescribed by section 3513.07 or	3679
3513.261 of the Revised Code. The declaration of candidacy and	3680
petition, or the nominating petition, shall conform to the	3681
applicable requirements of section 3513.05 or 3513.257 of the	3682
Revised Code.	3683

If no valid declaration of candidacy and petition is filed by	3684
any person for nomination as a candidate of a particular political	3685
party for election to the office of clerk of the Cuyahoga Falls	3686
municipal court, a primary election shall not be held for the	3687
purpose of nominating a candidate of that party for election to	3688
that office. If only one person files a valid declaration of	3689
candidacy and petition for nomination as a candidate of a	3690
particular political party for election to that office, a primary	3691
election shall not be held for the purpose of nominating a	3692
candidate of that party for election to that office, and the	3693
candidate shall be issued a certificate of nomination in the	3694
manner set forth in section 3513.02 of the Revised Code.	3695

Declarations of candidacy and petitions, nominating	3696
petitions, and certificates of nomination for the office of clerk	3697
of the Cuyahoga Falls municipal court shall contain a designation	3698
of the term for which the candidate seeks election. At the	3699
following regular municipal election, all candidates for the	3700
office shall be submitted to the qualified electors of the	3701
territory of the court in the manner that is provided in section	3702
1901.07 of the Revised Code for the election of the judges of the	3703
court. The clerk so elected shall hold office for a term of six	3704
years, which term shall commence on the first day of January	3705
following the clerk's election and continue until the clerk's	3706
successor is elected and qualified.	3707

(ii) Division (A)(1)(g)(i) of this section shall have no	3708
effect after December 31, 2008.	3709

(h) Except as otherwise provided in division (A)(1)(h) of	3710
this section, in the Toledo municipal court, candidates for	3711
election to the office of clerk of the court shall be nominated by	3712
primary election. The primary election shall be held on the day	3713
specified in the charter of the city of Toledo for the nomination	3714
of municipal officers. Notwithstanding any contrary provision of	3715
section 3513.05 or 3513.257 of the Revised Code, the declarations	3716
of candidacy and petitions of partisan candidates and the	3717
nominating petitions of independent candidates for the office of	3718
clerk of the Toledo municipal court shall be signed by at least	3719
fifty qualified electors of the territory of the court.	3720

The candidates shall file a declaration of candidacy and	3721
petition, or a nominating petition, whichever is applicable, not	3722
later than four p.m. of the ninetieth day before the day of the	3723
primary election, in the form prescribed by section 3513.07 or	3724
3513.261 of the Revised Code. The declaration of candidacy and	3725
petition, or the nominating petition, shall conform to the	3726
applicable requirements of section 3513.05 or 3513.257 of the	3727
Revised Code.	3728

If no valid declaration of candidacy and petition is filed by	3729
any person for nomination as a candidate of a particular political	3730
party for election to the office of clerk of the Toledo municipal	3731
court, a primary election shall not be held for the purpose of	3732
nominating a candidate of that party for election to that office.	3733
If only one person files a valid declaration of candidacy and	3734
petition for nomination as a candidate of a particular political	3735
party for election to that office, a primary election shall not be	3736
held for the purpose of nominating a candidate of that party for	3737
election to that office, and the candidate shall be issued a	3738
certificate of nomination in the manner set forth in section	3739
3513.02 of the Revised Code.	3740

Declarations of candidacy and petitions, nominating	3741
petitions, and certificates of nomination for the office of clerk	3742
of the Toledo municipal court shall contain a designation of the	3743
term for which the candidate seeks election. At the following	3744
regular municipal election, all candidates for the office shall be	3745
submitted to the qualified electors of the territory of the court	3746
in the manner that is provided in section 1901.07 of the Revised	3747
Code for the election of the judges of the court. The clerk so	3748
elected shall hold office for a term of six years, which term	3749
shall commence on the first day of January following the clerk's	3750
election and continue until the clerk's successor is elected and	3751
qualified.	3752

(2)(a) Except for the Alliance, Auglaize county, Brown	3753
county, Columbiana county, Holmes county, Putnam county, Sandusky	3754
county, Lorain, Massillon, and Youngstown municipal courts, in a	3755
municipal court for which the population of the territory is less	3756
than one hundred thousand, the clerk shall be appointed by the	3757
court, and the clerk shall hold office until the clerk's successor	3758
is appointed and qualified.	3759

(b) In the Alliance, Lorain, Massillon, and Youngstown	3760
municipal courts, the clerk shall be elected for a term of office	3761
as described in division (A)(1)(a) of this section.	3762

(c) In the Auglaize county, Brown county, Holmes county, and	3763
Putnam county, and Sandusky county municipal courts, the clerks of	3764
courts of Auglaize county, Brown county, Holmes county, and Putnam	3765
county, and Sandusky county shall be the clerks, respectively, of	3766
the Auglaize county, Brown county, Holmes county, and Putnam	3767
county, and Sandusky county municipal courts and may appoint a	3768
chief deputy clerk for each branch office that is established	3769
pursuant to section 1901.311 of the Revised Code, and assistant	3770
clerks as the judge of the court determines are necessary, all of	3771
whom shall receive the compensation that the legislative authority	3772
prescribes. The clerks of courts of Auglaize county, Brown county,	3773
Holmes county, and Putnam county, and Sandusky county, acting as	3774
the clerks of the Auglaize county, Brown county, Holmes county,	3775
and Putnam county, and Sandusky county municipal courts and	3776
assuming the duties of these offices, shall receive compensation	3777
payable from the county treasury in semimonthly installments at	3778
one-fourth the rate that is prescribed for the clerks of courts of	3779
common pleas as determined in accordance with the population of	3780
the county and the rates set forth in sections 325.08 and 325.18	3781
of the Revised Code.	3782

(d) In the Columbiana county municipal court, the clerk of	3783
courts of Columbiana county shall be the clerk of the municipal	3784
court, may appoint a chief deputy clerk for each branch office	3785
that is established pursuant to section 1901.311 of the Revised	3786
Code, and may appoint any assistant clerks that the judges of the	3787
court determine are necessary. All of the chief deputy clerks and	3788
assistant clerks shall receive the compensation that the	3789
legislative authority prescribes. The clerk of courts of	3790
Columbiana county, acting as the clerk of the Columbiana county	3791
municipal court and assuming the duties of that office, shall	3792
receive in either biweekly installments or semimonthly	3793
installments, as determined by the payroll administrator,	3794
compensation payable from the county treasury at one-fourth the	3795
rate that is prescribed for the clerks of courts of common pleas	3796
as determined in accordance with the population of the county and	3797
the rates set forth in sections 325.08 and 325.18 of the Revised	3798
Code.	3799

(3) During the temporary absence of the clerk due to illness,	3800
vacation, or other proper cause, the court may appoint a temporary	3801
clerk, who shall be paid the same compensation, have the same	3802
authority, and perform the same duties as the clerk.	3803

(B) Except in the Hamilton county, Montgomery county, Miami	3804
county, Portage county, and Wayne county municipal courts, if a	3805
vacancy occurs in the office of the clerk of the Alliance, Lorain,	3806
Massillon, or Youngstown municipal court or occurs in the office	3807
of the clerk of a municipal court for which the population of the	3808
territory equals or exceeds one hundred thousand because the clerk	3809
ceases to hold the office before the end of the clerk's term or	3810
because a clerk-elect fails to take office, the vacancy shall be	3811
filled, until a successor is elected and qualified, by a person	3812
chosen by the residents of the territory of the court who are	3813
members of the county central committee of the political party by	3814
which the last occupant of that office or the clerk-elect was	3815
nominated. Not less than five nor more than fifteen days after a	3816
vacancy occurs, those members of that county central committee	3817
shall meet to make an appointment to fill the vacancy. At least	3818
four days before the date of the meeting, the chairperson or a	3819
secretary of the county central committee shall notify each such	3820
member of that county central committee by first class mail of the	3821
date, time, and place of the meeting and its purpose. A majority	3822
of all such members of that county central committee constitutes a	3823
quorum, and a majority of the quorum is required to make the	3824
appointment. If the office so vacated was occupied or was to be	3825
occupied by a person not nominated at a primary election, or if	3826
the appointment was not made by the committee members in	3827
accordance with this division, the court shall make an appointment	3828
to fill the vacancy. A successor shall be elected to fill the	3829
office for the unexpired term at the first municipal election that	3830
is held more than one hundred thirty-five days after the vacancy	3831
occurred.	3832

(C)(1) In a municipal court, other than the Auglaize county,	3833
the Brown county, the Columbiana county, the Holmes county, the	3834
Putnam county, the Sandusky county, and the Lorain municipal	3835
courts, for which the population of the territory is less than one	3836
hundred thousand, the clerk of the municipal court shall receive	3837
the annual compensation that the presiding judge of the court	3838
prescribes, if the revenue of the court for the preceding calendar	3839
year, as certified by the auditor or chief fiscal officer of the	3840
municipal corporation in which the court is located or, in the	3841
case of a county-operated municipal court, the county auditor, is	3842
equal to or greater than the expenditures, including any debt	3843
charges, for the operation of the court payable under this chapter	3844
from the city treasury or, in the case of a county-operated	3845
municipal court, the county treasury for that calendar year, as	3846
also certified by the auditor or chief fiscal officer. If the	3847
revenue of a municipal court, other than the Auglaize county, the	3848
Brown county, the Columbiana county, the Putnam county, the	3849
Sandusky county, and the Lorain municipal courts, for which the	3850
population of the territory is less than one hundred thousand for	3851
the preceding calendar year as so certified is not equal to or	3852
greater than those expenditures for the operation of the court for	3853
that calendar year as so certified, the clerk of a municipal court	3854
shall receive the annual compensation that the legislative	3855
authority prescribes. As used in this division, "revenue" means	3856
the total of all costs and fees that are collected and paid to the	3857
city treasury or, in a county-operated municipal court, the county	3858
treasury by the clerk of the municipal court under division (F) of	3859
this section and all interest received and paid to the city	3860
treasury or, in a county-operated municipal court, the county	3861
treasury in relation to the costs and fees under division (G) of	3862
this section.	3863

(2) In a municipal court, other than the Hamilton county,	3864
Montgomery county, Miami county, Portage county, and Wayne county	3865
municipal courts, for which the population of the territory is one	3866
hundred thousand or more, and in the Lorain municipal court, the	3867
clerk of the municipal court shall receive annual compensation in	3868
a sum equal to eighty-five per cent of the salary of a judge of	3869
the court.	3870

(3) The compensation of a clerk described in division (C)(1)	3871
or (2) of this section and of the clerk of the Columbiana county	3872
municipal court is payable in either semimonthly installments or	3873
biweekly installments, as determined by the payroll administrator,	3874
from the same sources and in the same manner as provided in	3875
section 1901.11 of the Revised Code, except that the compensation	3876
of the clerk of the Carroll county municipal court is payable in	3877
biweekly installments.	3878

(D) Before entering upon the duties of the clerk's office,	3879
the clerk of a municipal court shall give bond of not less than	3880
six thousand dollars to be determined by the judges of the court,	3881
conditioned upon the faithful performance of the clerk's duties.	3882

(E) The clerk of a municipal court may do all of the	3883
following: administer oaths, take affidavits, and issue executions	3884
upon any judgment rendered in the court, including a judgment for	3885
unpaid costs; issue, sign, and attach the seal of the court to all	3886
writs, process, subpoenas, and papers issuing out of the court;	3887
and approve all bonds, sureties, recognizances, and undertakings	3888
fixed by any judge of the court or by law. The clerk may refuse to	3889
accept for filing any pleading or paper submitted for filing by a	3890
person who has been found to be a vexatious litigator under	3891
section 2323.52 of the Revised Code and who has failed to obtain	3892
leave to proceed under that section. The clerk shall do all of the	3893
following: file and safely keep all journals, records, books, and	3894
papers belonging or appertaining to the court; record the	3895
proceedings of the court; perform all other duties that the judges	3896
of the court may prescribe; and keep a book showing all receipts	3897
and disbursements, which book shall be open for public inspection	3898
at all times.	3899

The clerk shall prepare and maintain a general index, a	3900
docket, and other records that the court, by rule, requires, all	3901
of which shall be the public records of the court. In the docket,	3902
the clerk shall enter, at the time of the commencement of an	3903
action, the names of the parties in full, the names of the	3904
counsel, and the nature of the proceedings. Under proper dates,	3905
the clerk shall note the filing of the complaint, issuing of	3906
summons or other process, returns, and any subsequent pleadings.	3907
The clerk also shall enter all reports, verdicts, orders,	3908
judgments, and proceedings of the court, clearly specifying the	3909
relief granted or orders made in each action. The court may order	3910
an extended record of any of the above to be made and entered,	3911
under the proper action heading, upon the docket at the request of	3912
any party to the case, the expense of which record may be taxed as	3913
costs in the case or may be required to be prepaid by the party	3914
demanding the record, upon order of the court.	3915

(F) The clerk of a municipal court shall receive, collect,	3916
and issue receipts for all costs, fees, fines, bail, and other	3917
moneys payable to the office or to any officer of the court. The	3918
clerk shall each month disburse to the proper persons or officers,	3919
and take receipts for, all costs, fees, fines, bail, and other	3920
moneys that the clerk collects. Subject to sections 307.515 and	3921
4511.193 of the Revised Code and to any other section of the	3922
Revised Code that requires a specific manner of disbursement of	3923
any moneys received by a municipal court and except for the	3924
Hamilton county, Lawrence county, and Ottawa county municipal	3925
courts, the clerk shall pay all fines received for violation of	3926
municipal ordinances into the treasury of the municipal	3927
corporation the ordinance of which was violated and shall pay all	3928
fines received for violation of township resolutions adopted	3929
pursuant to section 503.52 or 503.53 or Chapter 504. of the	3930
Revised Code into the treasury of the township the resolution of	3931
which was violated. Subject to sections 1901.024 and 4511.193 of	3932
the Revised Code, in the Hamilton county, Lawrence county, and	3933
Ottawa county municipal courts, the clerk shall pay fifty per cent	3934
of the fines received for violation of municipal ordinances and	3935
fifty per cent of the fines received for violation of township	3936
resolutions adopted pursuant to section 503.52 or 503.53 or	3937
Chapter 504. of the Revised Code into the treasury of the county.	3938
Subject to sections 307.515, 4511.19, and 5503.04 of the Revised	3939
Code and to any other section of the Revised Code that requires a	3940
specific manner of disbursement of any moneys received by a	3941
municipal court, the clerk shall pay all fines collected for the	3942
violation of state laws into the county treasury. Except in a	3943
county-operated municipal court, the clerk shall pay all costs and	3944
fees the disbursement of which is not otherwise provided for in	3945
the Revised Code into the city treasury. The clerk of a	3946
county-operated municipal court shall pay the costs and fees the	3947
disbursement of which is not otherwise provided for in the Revised	3948
Code into the county treasury. Moneys deposited as security for	3949
costs shall be retained pending the litigation. The clerk shall	3950
keep a separate account of all receipts and disbursements in civil	3951
and criminal cases, which shall be a permanent public record of	3952
the office. On the expiration of the term of the clerk, the clerk	3953
shall deliver the records to the clerk's successor. The clerk	3954
shall have other powers and duties as are prescribed by rule or	3955
order of the court.	3956

(G) All moneys paid into a municipal court shall be noted on	3957
the record of the case in which they are paid and shall be	3958
deposited in a state or national bank, or a domestic savings and	3959
loan association, as defined in section 1151.01 of the Revised	3960
Code, that is selected by the clerk. Any interest received upon	3961
the deposits shall be paid into the city treasury, except that, in	3962
a county-operated municipal court, the interest shall be paid into	3963
the treasury of the county in which the court is located.	3964

On the first Monday in January of each year, the clerk shall	3965
make a list of the titles of all cases in the court that were	3966
finally determined more than one year past in which there remains	3967
unclaimed in the possession of the clerk any funds, or any part of	3968
a deposit for security of costs not consumed by the costs in the	3969
case. The clerk shall give notice of the moneys to the parties who	3970
are entitled to the moneys or to their attorneys of record. All	3971
the moneys remaining unclaimed on the first day of April of each	3972
year shall be paid by the clerk to the city treasurer, except	3973
that, in a county-operated municipal court, the moneys shall be	3974
paid to the treasurer of the county in which the court is located.	3975
The treasurer shall pay any part of the moneys at any time to the	3976
person who has the right to the moneys upon proper certification	3977
of the clerk.	3978

(H) Deputy clerks of a municipal court other than the Carroll	3979
county municipal court may be appointed by the clerk and shall	3980
receive the compensation, payable in either biweekly installments	3981
or semimonthly installments, as determined by the payroll	3982
administrator, out of the city treasury, that the clerk may	3983
prescribe, except that the compensation of any deputy clerk of a	3984
county-operated municipal court shall be paid out of the treasury	3985
of the county in which the court is located. The judge of the	3986
Carroll county municipal court may appoint deputy clerks for the	3987
court, and the deputy clerks shall receive the compensation,	3988
payable in biweekly installments out of the county treasury, that	3989
the judge may prescribe. Each deputy clerk shall take an oath of	3990
office before entering upon the duties of the deputy clerk's	3991
office and, when so qualified, may perform the duties appertaining	3992
to the office of the clerk. The clerk may require any of the	3993
deputy clerks to give bond of not less than three thousand	3994
dollars, conditioned for the faithful performance of the deputy	3995
clerk's duties.	3996

(I) For the purposes of this section, whenever the population	3997
of the territory of a municipal court falls below one hundred	3998
thousand but not below ninety thousand, and the population of the	3999
territory prior to the most recent regular federal census exceeded	4000
one hundred thousand, the legislative authority of the municipal	4001
corporation may declare, by resolution, that the territory shall	4002
be considered to have a population of at least one hundred	4003
thousand.	4004

(J) The clerk or a deputy clerk shall be in attendance at all	4005
sessions of the municipal court, although not necessarily in the	4006
courtroom, and may administer oaths to witnesses and jurors and	4007
receive verdicts.	4008

Sec. 1907.11.  (A) Each county court district shall have the	4009
following county court judges, to be elected as follows:	4010

In the Adams county county court, one part-time judge shall	4011
be elected in 1982.	4012

In the Ashtabula county county court, one part-time judge	4013
shall be elected in 1980, and one part-time judge shall be elected	4014
in 1982.	4015

In the Belmont county county court, one part-time judge shall	4016
be elected in 1992, term to commence on January 1, 1993, and two	4017
part-time judges shall be elected in 1994, terms to commence on	4018
January 1, 1995, and January 2, 1995, respectively.	4019

In the Butler county county court, one part-time judge shall	4020
be elected in 1992, term to commence on January 1, 1993, and two	4021
part-time judges shall be elected in 1994, terms to commence on	4022
January 1, 1995, and January 2, 1995, respectively.	4023

Until December 31, 2007, in the Erie county county court, one	4024
part-time judge shall be elected in 1982. Effective January 1,	4025
2008, the Erie county county court shall cease to exist.	4026

In the Fulton county county court, one part-time judge shall	4027
be elected in 1980, and one part-time judge shall be elected in	4028
1982.	4029

In the Harrison county county court, one part-time judge	4030
shall be elected in 1982.	4031

In the Highland county county court, one part-time judge	4032
shall be elected in 1982.	4033

In the Jefferson county county court, one part-time judge	4034
shall be elected in 1992, term to commence on January 1, 1993, and	4035
two part-time judges shall be elected in 1994, terms to commence	4036
on January 1, 1995, and January 2, 1995, respectively.	4037

In the Mahoning county county court, one part-time judge	4038
shall be elected in 1992, term to commence on January 1, 1993, and	4039
three part-time judges shall be elected in 1994, terms to commence	4040
on January 1, 1995, January 2, 1995, and January 3, 1995,	4041
respectively.	4042

In the Meigs county county court, one part-time judge shall	4043
be elected in 1982.	4044

In the Monroe county county court, one part-time judge shall	4045
be elected in 1982.	4046

In the Morgan county county court, one part-time judge shall	4047
be elected in 1982.	4048

In the Muskingum county county court, one part-time judge	4049
shall be elected in 1980, and one part-time judge shall be elected	4050
in 1982.	4051

In the Noble county county court, one part-time judge shall	4052
be elected in 1982.	4053

In the Paulding county county court, one part-time judge	4054
shall be elected in 1982.	4055

In the Perry county county court, one part-time judge shall	4056
be elected in 1982.	4057

In the Pike county county court, one part-time judge shall be	4058
elected in 1982.	4059

InUntil December 31, 2006, in the Sandusky county county	4060
court, two part-time judges shall be elected in 1994, terms to	4061
commence on January 1, 1995, and January 2, 1995, respectively.	4062
The judges elected in 2006 shall serve until December 31, 2012.	4063
The Sandusky county county court shall cease to exist on January	4064
1, 2013.	4065

In the Trumbull county county court, one part-time judge	4066
shall be elected in 1992, and one part-time judge shall be elected	4067
in 1994.	4068

In the Tuscarawas county county court, one part-time judge	4069
shall be elected in 1982.	4070

In the Vinton county county court, one part-time judge shall	4071
be elected in 1982.	4072

In the Warren county county court, one part-time judge shall	4073
be elected in 1980, and one part-time judge shall be elected in	4074
1982.	4075

(B)(1) Additional judges shall be elected at the next regular	4076
election for a county court judge as provided in section 1907.13	4077
of the Revised Code.	4078

(2) Vacancies caused by the death or the resignation from,	4079
forfeiture of, or removal from office of a judge shall be filled	4080
in accordance with section 107.08 of the Revised Code, except as	4081
provided in section 1907.15 of the Revised Code.	4082

Sec. 2907.27.  (A)(1) If a person is charged with a violation	4083
of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or	4084
2907.25 of the Revised Code or with a violation of a municipal	4085
ordinance that is substantially equivalent to any of those	4086
sections, the arresting authorities or a court, upon the request	4087
of the prosecutor in the case or upon the request of the victim,	4088
shall cause the accused to submit to one or more appropriate tests	4089
to determine if the accused is suffering from a venereal disease.	4090
The court, upon the request of the prosecutor in the case or upon	4091
the request of the victim shall cause the accused to submit to one	4092
or more appropriate tests to determine if the accused is suffering	4093
from the human immunodeficiency virus (HIV) within forty-eight	4094
hours after the date on which the complaint, information, or	4095
indictment is filed or within forty-eight hours after the date on	4096
which the complaint, information, or indictment is served on the	4097
accused, whichever date is later. Nothing in this section shall be	4098
construed to prevent the court from ordering at any time during	4099
which the complaint, information, or indictment is pending, that	4100
the accused submit to one or more appropriate tests to determine	4101
if the accused is suffering from a venereal disease or from the	4102
human immunodeficiency virus (HIV).	4103

(2) If the accused is found to be suffering from a venereal	4104
disease in an infectious stage, the accused shall be required to	4105
submit to medical treatment for that disease. The cost of the	4106
medical treatment shall be charged to and paid by the accused who	4107
undergoes the treatment. If the accused is indigent, the court	4108
shall order the accused to report to a facility operated by a city	4109
health district or a general health district for treatment. If the	4110
accused is convicted of or pleads guilty to the offense with which	4111
the accused is charged and is placed under a community control	4112
sanction, a condition of community control shall be that the	4113
offender submit to and faithfully follow a course of medical	4114
treatment for the venereal disease. If the offender does not seek	4115
the required medical treatment, the court may revoke the	4116
offender's community control and order the offender to undergo	4117
medical treatment during the period of the offender's	4118
incarceration and to pay the cost of that treatment.	4119

(B)(1)(a) If a person is charged with a violation of division	4120
(B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04,	4121
2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised	4122
Code or with a violation of a municipal ordinance that is	4123
substantially equivalent to that division or any of those	4124
sections, the court, upon the request of the prosecutor in the	4125
case, upon the request of the victim, or upon the request of any	4126
other person whom the court reasonably believes had contact with	4127
the accused in circumstances related to the violation that could	4128
have resulted in the transmission to that person the human	4129
immunodeficiency virus, shall cause the accused to submit to one	4130
or more tests designated by the director of health under section	4131
3701.241 of the Revised Code to determine if the accused is	4132
infected with HIV. The court, upon the request of the prosecutor	4133
in the case, upon the request of the victim with the agreement of	4134
the prosecutor, or upon the request of any other person with the	4135
agreement of the prosecutor, may cause an accused who is charged	4136
with a violation of any other section of the Revised Code or with	4137
a violation of any other municipal ordinance to submit to one or	4138
more tests so designated by the director of health if the	4139
circumstances of the violation indicate probable cause to believe	4140
that the accused, if the accused is infected with HIV, might have	4141
transmitted HIV to any of the following persons in committing the	4142
violation:	4143

(i) In relation to a request made by the prosecuting	4144
attorney, to the victim or to any other person;	4145

(ii) In relation to a request made by the victim, to the	4146
victim making the request;	4147

(iii) In relation to a request made by any other person, to	4148
the person making the request.	4149

(b) The results of a test performed under division (B)(1)(a)	4150
of this section shall be communicated in confidence to the court,	4151
and the court shall inform the accused of the result. The court	4152
shall inform the victim that the test was performed and that the	4153
victim has a right to receive the results on request. If the test	4154
was performed upon the request of a person other than the	4155
prosecutor in the case and other than the victim, the court shall	4156
inform the person who made the request that the test was performed	4157
and that the person has a right to receive the results upon	4158
request. Additionally, regardless of who made the request that was	4159
the basis of the test being performed, if the court reasonably	4160
believes that, in circumstances related to the violation, a person	4161
other than the victim had contact with the accused that could have	4162
resulted in the transmission of HIV to that person, the court may	4163
inform that person that the test was performed and that the person	4164
has a right to receive the results of the test on request. If the	4165
accused tests positive for HIV, the test results shall be reported	4166
to the department of health in accordance with section 3701.24 of	4167
the Revised Code and to the sheriff, head of the state	4168
correctional institution, or other person in charge of any jail or	4169
prison in which the accused is incarcerated. If the accused tests	4170
positive for HIV and the accused was charged with, and was	4171
convicted of or pleaded guilty to, a violation of section 2907.24,	4172
2907.241, or 2907.25 of the Revised Code or a violation of a	4173
municipal ordinance that is substantially equivalent to any of	4174
those sections, the test results also shall be reported to the law	4175
enforcement agency that arrested the accused, and the law	4176
enforcement agency may use the test results as the basis for any	4177
future charge of a violation of division (B) of any of those	4178
sections or a violation of a municipal ordinance that is	4179
substantially equivalent to division (B) of any of those sections.	4180
No other disclosure of the test results or the fact that a test	4181
was performed shall be made, other than as evidence in a grand	4182
jury proceeding or as evidence in a judicial proceeding in	4183
accordance with the Rules of Evidence. If the test result is	4184
negative, and the charge has not been dismissed or if the accused	4185
has been convicted of the charge or a different offense arising	4186
out of the same circumstances as the offense charged, the court	4187
shall order that the test be repeated not earlier than three	4188
months nor later than six months after the original test.	4189

(2) If an accused who is free on bond refuses to submit to a	4190
test ordered by the court pursuant to division (B)(1) of this	4191
section, the court may order that the accused's bond be revoked	4192
and that the accused be incarcerated until the test is performed.	4193
If an accused who is incarcerated refuses to submit to a test	4194
ordered by the court pursuant to division (B)(1) of this section,	4195
the court shall order the person in charge of the jail or prison	4196
in which the accused is incarcerated to take any action necessary	4197
to facilitate the performance of the test, including the forcible	4198
restraint of the accused for the purpose of drawing blood to be	4199
used in the test.	4200

(3) A state agency, a political subdivision of the state, or	4201
an employee of a state agency or of a political subdivision of the	4202
state is immune from liability in a civil action to recover	4203
damages for injury, death, or loss to person or property allegedly	4204
caused by any act or omission in connection with the performance	4205
of the duties required under division (B)(2) of this section	4206
unless the acts or omissions are with malicious purpose, in bad	4207
faith, or in a wanton or reckless manner.	4208

(C) As used in this section:

4209

(1) "Community control sanction" has the same meaning as in	4210
section 2929.01 of the Revised Code.	4211

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

4212

Sec. 2929.26.  (A) Except when a mandatory jail term is	4213
required by law, the court imposing a sentence for a misdemeanor,	4214
other than a minor misdemeanor, may impose upon the offender any	4215
community residential sanction or combination of community	4216
residential sanctions under this section. Community residential	4217
sanctions include, but are not limited to, the following:	4218

(1) A term of up to one hundred eighty days in a halfway	4219
house or community-based correctional facility or a term in a	4220
halfway house or community-based correctional facility not to	4221
exceed the longest jail term available for the offense, whichever	4222
is shorter, if the political subdivision that would have	4223
responsibility for paying the costs of confining the offender in a	4224
jail has entered into a contract with the halfway house or	4225
community-based correctional facility for use of the facility for	4226
misdemeanor offenders;	4227

(2) A term of up to one hundred eighty days in an alternative	4228
residential facility or a term in an alternative residential	4229
facility not to exceed the longest jail term available for the	4230
offense, whichever is shorter. The court may specify the level of	4231
security in the alternative residential facility that is needed	4232
for the offender.	4233

(3) If the offender is an eligible offender, as defined in	4234
section 307.932 of the Revised Code, a term of up to sixty days in	4235
a community alternative sentencing center or district community	4236
alternative sentencing center established and operated in	4237
accordance with that section, in the circumstances specified in	4238
that section, with one of the conditions of the sanction being	4239
that the offender complete in the center the entire term imposed.	4240

(B) A sentence to a community residential sanction under	4241
division (A)(3) of this section shall be in accordance with	4242
section 307.932 of the Revised Code. In all other cases, the court	4243
that sentences an offender to a community residential sanction	4244
under this section may do either or both of the following:	4245

(1) Permit the offender to serve the offender's sentence in	4246
intermittent confinement, overnight, on weekends or at any other	4247
time or times that will allow the offender to continue at the	4248
offender's occupation or care for the offender's family;	4249

(2) Authorize the offender to be released so that the	4250
offender may seek or maintain employment, receive education or	4251
training, receive treatment, perform community service, or	4252
otherwise fulfill an obligation imposed by law or by the court. A	4253
release pursuant to this division shall be only for the duration	4254
of time that is needed to fulfill the purpose of the release and	4255
for travel that reasonably is necessary to fulfill the purposes of	4256
the release.	4257

(C) The court may order that a reasonable portion of the	4258
income earned by the offender upon a release pursuant to division	4259
(B) of this section be applied to any financial sanction imposed	4260
under section 2929.28 of the Revised Code.	4261

(D) No court shall sentence any person to a prison term for a	4262
misdemeanor or minor misdemeanor or to a jail term for a minor	4263
misdemeanor.	4264

(E) If a court sentences a person who has been convicted of	4265
or pleaded guilty to a misdemeanor to a community residential	4266
sanction as described in division (A) of this section, at the time	4267
of reception and at other times the person in charge of the	4268
operation of the halfway house, alternative residential facility,	4269
community alternative sentencing center, district community	4270
alternative sentencing center, or other place at which the	4271
offender will serve the residential sanction determines to be	4272
appropriate, the person in charge of the operation of the halfway	4273
house, alternative residential facility, community alternative	4274
sentencing center, district community alternative sentencing	4275
center, or other place may cause the convicted offender to be	4276
examined and tested for tuberculosis, HIV infection, hepatitis,	4277
including, but not limited to, hepatitis A, B, and C, and other	4278
contagious diseases. The person in charge of the operation of the	4279
halfway house, alternative residential facility, community	4280
alternative sentencing center, district community alternative	4281
sentencing center, or other place at which the offender will serve	4282
the residential sanction may cause a convicted offender in the	4283
halfway house, alternative residential facility, community	4284
alternative sentencing center, district community alternative	4285
sentencing center, or other place who refuses to be tested or	4286
treated for tuberculosis, HIV infection, hepatitis, including, but	4287
not limited to, hepatitis A, B, and C, or another contagious	4288
disease to be tested and treated involuntarily.	4289

(F) A political subdivision may enter into a contract with a	4290
halfway house for use of the halfway house to house misdemeanor	4291
offenders under a sanction imposed under division (A)(1) of this	4292
section.	4293

Sec. 3316.04.  (A) Within sixty days of the auditor's	4294
declaration under division (A) of section 3316.03 of the Revised	4295
Code, the board of education of the school district shall prepare	4296
and submit to the superintendent of public instruction a financial	4297
plan delineating the steps the board will take to eliminate the	4298
district's current operating deficit and avoid incurring operating	4299
deficits in ensuing years, including the implementation of	4300
spending reductions. The financial plan also shall evaluate the	4301
feasibility of entering into shared services agreements with other	4302
political subdivisions for the joint exercise of any power,	4303
performance of any function, or rendering of any service, if so	4304
authorized by statute. The superintendent of public instruction	4305
shall evaluate the initial financial plan, and either approve or	4306
disapprove it within thirty calendar days from the date of its	4307
submission. If the initial financial plan is disapproved, the	4308
state superintendent shall recommend modifications that will	4309
render the financial plan acceptable. No school district board	4310
shall implement a financial plan submitted to the superintendent	4311
of public instruction under this section unless the superintendent	4312
has approved the plan.	4313

(B) Upon request of the board of education of a school	4314
district declared to be in a state of fiscal watch, the auditor of	4315
state and superintendent of public instruction shall provide	4316
technical assistance to the board in resolving the fiscal problems	4317
that gave rise to the declaration, including assistance in	4318
drafting the board's financial plan.	4319

(C) A financial plan adopted under this section may be	4320
amended at any time with the approval of the superintendent. The	4321
board of education of the school district shall submit an updated	4322
financial plan to the superintendent, for the superintendent's	4323
approval, every year that the district is in a state of fiscal	4324
watch. The updated plan shall be submitted in a form acceptable to	4325
the superintendent. The superintendent shall approve or disapprove	4326
each updated plan no later than the anniversary of the date on	4327
which the first such plan was approved.	4328

(D) A school district that has restructured or refinanced a	4329
loan under section 3316.041 of the Revised Code shall be declared	4330
to be in a state of fiscal emergency if any of the following	4331
occurs:	4332

(1) An operating deficit is certified for the district under	4333
section 3313.483 of the Revised Code for any year prior to the	4334
repayment of the restructured or refinanced loan;	4335

(2) The superintendent determines, in consultation with the	4336
auditor of state, that the school district is not satisfactorily	4337
complying with the terms of the financial plan required by this	4338
section;	4339

(3) The board of education of the school district fails to	4340
submit an updated plan that is acceptable to the superintendent	4341
under division (C) of this section.	4342

Sec. 3316.06.  (A) Within one hundred twenty days after the	4343
first meeting of a school district financial planning and	4344
supervision commission, the commission shall adopt a financial	4345
recovery plan regarding the school district for which the	4346
commission was created. During the formulation of the plan, the	4347
commission shall seek appropriate input from the school district	4348
board and from the community. This plan shall contain the	4349
following:	4350

(1) Actions to be taken to:

4351

(a) Eliminate all fiscal emergency conditions declared to	4352
exist pursuant to division (B) of section 3316.03 of the Revised	4353
Code;	4354

(b) Satisfy any judgments, past-due accounts payable, and all	4355
past-due and payable payroll and fringe benefits;	4356

(c) Eliminate the deficits in all deficit funds, except that	4357
any prior year deficits in the capital and maintenance fund	4358
established pursuant to section 3315.18 of the Revised Code shall	4359
be forgiven;	4360

(d) Restore to special funds any moneys from such funds that	4361
were used for purposes not within the purposes of such funds, or	4362
borrowed from such funds by the purchase of debt obligations of	4363
the school district with the moneys of such funds, or missing from	4364
the special funds and not accounted for, if any;	4365

(e) Balance the budget, avoid future deficits in any funds,	4366
and maintain on a current basis payments of payroll, fringe	4367
benefits, and all accounts;	4368

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

4369

(g) Restore the ability of the school district to market	4370
long-term general obligation bonds under provisions of law	4371
applicable to school districts generally.	4372

(2) The management structure that will enable the school	4373
district to take the actions enumerated in division (A)(1) of this	4374
section. The plan shall specify the level of fiscal and management	4375
control that the commission will exercise within the school	4376
district during the period of fiscal emergency, and shall	4377
enumerate respectively, the powers and duties of the commission	4378
and the powers and duties of the school board during that period.	4379
The commission may elect to assume any of the powers and duties of	4380
the school board it considers necessary, including all powers	4381
related to personnel, curriculum, and legal issues in order to	4382
successfully implement the actions described in division (A)(1) of	4383
this section.	4384

(3) The target dates for the commencement, progress upon, and	4385
completion of the actions enumerated in division (A)(1) of this	4386
section and a reasonable period of time expected to be required to	4387
implement the plan. The commission shall prepare a reasonable time	4388
schedule for progress toward and achievement of the requirements	4389
for the plan, and the plan shall be consistent with that time	4390
schedule.	4391

(4) The amount and purpose of any issue of debt obligations	4392
that will be issued, together with assurances that any such debt	4393
obligations that will be issued will not exceed debt limits	4394
supported by appropriate certifications by the fiscal officer of	4395
the school district and the county auditor. Debt obligations	4396
issued pursuant to section 133.301 of the Revised Code shall	4397
include assurances that such debt shall be in an amount not to	4398
exceed the amount certified under division (B) of such section. If	4399
the commission considers it necessary in order to maintain or	4400
improve educational opportunities of pupils in the school	4401
district, the plan may include a proposal to restructure or	4402
refinance outstanding debt obligations incurred by the board under	4403
section 3313.483 of the Revised Code contingent upon the approval,	4404
during the period of the fiscal emergency, by district voters of a	4405
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	4406
5748.02, 5748.08, or 5748.09 of the Revised Code that is not a	4407
renewal or replacement levy, or a levy under section 5705.199 of	4408
the Revised Code, and that will provide new operating revenue.	4409
Notwithstanding any provision of Chapter 133. or sections 3313.483	4410
to 3313.4811 of the Revised Code, following the required approval	4411
of the district voters and with the approval of the commission,	4412
the school district may issue securities to evidence the	4413
restructuring or refinancing. Those securities may extend the	4414
original period for repayment, not to exceed ten years, and may	4415
alter the frequency and amount of repayments, interest or other	4416
financing charges, and other terms of agreements under which the	4417
debt originally was contracted, at the discretion of the	4418
commission, provided that any loans received pursuant to section	4419
3313.483 of the Revised Code shall be paid from funds the district	4420
would otherwise receive under Chapter 3317. of the Revised Code,	4421
as required under division (E)(3) of section 3313.483 of the	4422
Revised Code. The securities issued for the purpose of	4423
restructuring or refinancing the debt shall be repaid in equal	4424
payments and at equal intervals over the term of the debt and are	4425
not eligible to be included in any subsequent proposal for the	4426
purpose of restructuring or refinancing debt under this section.	4427

(5) An evaluation of the feasibility of entering into shared	4428
services agreements with other political subdivisions for the	4429
joint exercise of any power, performance of any function, or	4430
rendering of any service, if so authorized by statute.	4431

(B) Any financial recovery plan may be amended subsequent to	4432
its adoption. Each financial recovery plan shall be updated	4433
annually.	4434

(C) Each school district financial planning and supervision	4435
commission shall submit the financial recovery plan it adopts or	4436
updates under this section to the state superintendent of public	4437
instruction for approval immediately following its adoption or	4438
updating. The state superintendent shall evaluate the plan and	4439
either approve or disapprove it within thirty calendar days from	4440
the date of its submission. If the plan is disapproved, the state	4441
superintendent shall recommend modifications that will render it	4442
acceptable. No financial planning and supervision commission shall	4443
implement a financial recovery plan that is adopted or updated on	4444
or after April 10, 2001, unless the state superintendent has	4445
approved it.	4446

Sec. 3709.08. (A) A city constitutingboard of health of a	4447
city or general health district or the authority having the duties	4448
of a board of health under section 3709.05 of the Revised Code may	4449
enter into a contract forto provide some or all public health	4450
service with the chief executiveservices for a board of health of	4451
another city constituting a cityor general health district with	4452
the approval of a majority of the members of the legislative	4453
authority of such city or with the chairman of the district	4454
advisory council of the general health district with the approval	4455
of a majority of the members of the district advisory council.	4456
Such proposal shall be made by the city seeking health service and	4457
shall be approved by a majority of the members of the legislative	4458
authority of such city. Such a	4459

(B) Each contract entered under division (A) of this section	4460
shall do all of the following:	4461

(A)(1) State the amount of money or the proportion of	4462
expenses to be paid by the cityboard of health or authority	4463
having the duties of a board of health for such serviceservices	4464
and how it is to be paid;	4465

(B) Provide for(2) Specify the amount and character of the	4466
public health serviceservices to be given to the city health	4467
districtprovided;	4468

(C)(3) State the date on which such service shallthe	4469
provision of services is to begin;	4470

(D)(4) State the length of time suchthe contract shallis to	4471
be in effect.	4472

No such(C) Except as provided in division (D) of this	4473
section, no contract entered into under division (A) of this	4474
section shall be in effect until the departmentboth of the	4475
following are the case:	4476

(1) The director of health determines that the health	4477
department or board of health of the city or generalor authority	4478
having the duties of a board of health district providing such	4479
servicethat is to provide the services is organized and equipped	4480
to provide adequate health servicethe services. After such	4481
contract has been approved by the department of healtha	4482
determination is made, the board of health or health department of	4483
the city or generalauthority having the duties of a board of	4484
health district providing such servicethe services shall have,	4485
within the city health district receiving such servicethe	4486
services, all the powers and shall perform all the duties required	4487
of the board of health of a cityor the authority having the	4488
duties of a board of health district.	4489

(2) One of the following, as applicable, is the case:

4490

(a) If the contract is with a city constituting a city health	4491
district, the chief executive of that city, with the approval of	4492
the majority of the members of the legislative authority of that	4493
city, approves the contract.	4494

(b) If the contract is with the board of health of a general	4495
health district, the chairperson of the district advisory council	4496
of the general health district, with the approval of a majority of	4497
the members of the district advisory council, approves the	4498
contract.	4499

(c) If the contract is with an authority having the duties of	4500
a board of health under section 3709.05 of the Revised Code, the	4501
majority of the members of the authority's governing body approves	4502
the contract.	4503

(D) A contract entered into under division (A) of this	4504
section that is for not all but for only one or some public health	4505
services provided by a board of health or the authority having the	4506
duties of a board of health shall neither require a determination	4507
by the director of health described in division (C)(1) of this	4508
section nor an approval by the persons described in division	4509
(C)(2)(a), (b), or (c), as applicable, to be effective.	4510

Sec. 3709.28. The(A) If a general health district will	4511
receive any part of its revenue for a fiscal year from an	4512
appropriation apportioned among the townships and municipal	4513
corporations composing the district, the board of health of a	4514
general healththe district shall, annually, on or before the	4515
first Monday of April, adopt an itemized appropriation measure.	4516
Suchunder this section for that fiscal year on or before the	4517
first day of April of the immediately preceding fiscal year. If a	4518
general health district will not receive any part of its revenue	4519
for a fiscal year from an appropriation apportioned among the	4520
townships and municipal corporations composing the district, the	4521
board of health of the district shall adopt an annual	4522
appropriation measure for that fiscal year under this section or	4523
sections 5705.38, 5705.39, and 5705.40 of the Revised Code.	4524

(B) An appropriation measure adopted under this section shall	4525
set forth the amounts for the current expenses of suchthe	4526
district for the ensuing fiscal year beginning on the first day of	4527
January next ensuing. The appropriation measure, together with an	4528
estimate in itemized form, of the several sources of revenue	4529
available to the district, including the amount due from the state	4530
for the next fiscal year as provided in section 3709.32 of the	4531
Revised Code and the amount which the board anticipates will be	4532
collected in fees or from any tax levied for the benefit of the	4533
district under this chapter or Chapter 5705. of the Revised Code	4534
during the next ensuing fiscal year, shall be certified to the	4535
county auditor and by the county auditor submitted to the county	4536
budget commission, which may reduce any item in suchthe	4537
appropriation measure but may not increase any item or the	4538
aggregate of all itemsto be apportioned among the townships and	4539
municipal corporations composing the district in accordance with	4540
division (C) of this section.	4541

(C) The aggregate appropriation, as fixed by the commission,	4542
less the amounts available to the general health district from the	4543
severalall sources of revenue, including the estimated balance	4544
from the previous appropriationcertified for the ensuing fiscal	4545
year, including any amounts in the district health fund from the	4546
previous appropriation, and after considering and allowing for	4547
funds needed to fund ongoing operations in the ensuing fiscal	4548
year, shall be apportioned, by the county auditor among the	4549
townships and municipal corporations composing the health district	4550
on the basis of taxable valuations in such townships and municipal	4551
corporations. The auditor, when making the auditor's semiannual	4552
apportionment of funds, shall retain at each semiannual	4553
apportionment one-half of the amount apportioned to each township	4554
and municipal corporation. Such moneys and all other sources of	4555
revenue shall be placed in a separate fund, to be known as the	4556
"district health fund." WhenUnless otherwise required by a	4557
provision of the Revised Code or a rule adopted pursuant thereto,	4558
all other sources of revenue of the district shall be placed in	4559
the district health fund, provided that the revenue is used and	4560
maintained in accordance with the purpose for which the revenue	4561
was received.	4562

(D) When a general health district is composed of townships	4563
and municipal corporations in two or more counties, the county	4564
auditor making the original apportionment shall certify to the	4565
auditor of each county concerned the amount apportioned to each	4566
township and municipal corporation in such county. Each auditor	4567
shall withhold from the semiannual apportionment to each such	4568
township or municipal corporation the amount certified, and shall	4569
pay the amounts withheld to the custodian of the funds of the	4570
health district concerned, to be credited to the district health	4571
fund. In making the apportionment under this paragraph for each	4572
year from 2002 through 2016, the county auditor shall add to the	4573
taxable valuation of each township and municipal corporation the	4574
tax value loss determined for each township and municipal	4575
corporation under divisions (D) and (E) of section 5727.84 of the	4576
Revised Code multiplied by the percentage used for that year in	4577
determining replacement payments under division (A)(1) of section	4578
5727.86 of the Revised Code. The tax commissioner shall certify to	4579
the county auditor the tax value loss for each township and	4580
municipal corporation for which the auditor must make an	4581
apportionment.	4582

(E) Subject to the aggregate amount as has been apportioned	4583
among the townships and municipalities and as may become available	4584
from the several sources of revenue, the board of health may, by	4585
resolution, transfer funds from one item in their appropriation to	4586
another item, reduce or increase any item, create new items, and	4587
make additional appropriations or reduce the total appropriation.	4588
Any such action shall forthwith be certified by the secretary of	4589
the board of health to the auditor for submission to and approval	4590
by the budget commission.	4591

(F) When any general health district has been united with or	4592
has contracted with a city health district located therein, the	4593
chief executive of the city shall, annually, on or before the	4594
first day of June, certify to the county auditor the total amount	4595
due for the ensuing fiscal year from the municipal corporations	4596
and townships in the district as provided in the contract between	4597
such city and the district advisory council of the original	4598
general health district. After approval by the county budget	4599
commission, the county auditor shall thereupon apportion the	4600
amount certified to the townships and municipal corporations, and	4601
shall withhold the sums apportioned as provided in this section.	4602

Sec. 3709.36.  The board of health of a city or general	4603
health district hereby created shall exercise all the powers and	4604
perform all the duties formerly conferred and imposed by law upon	4605
the board of health of a municipal corporation, and all such	4606
powers, duties, procedure, and penalties for violation of the	4607
sanitary regulations of a board of health of a municipal	4608
corporation are transferred to the board of health of a city or	4609
general health district by sections 3701.10, 3701.29, 3701.81,	4610
3707.08, 3707.14, 3707.16, 3707.47, and 3709.01 to 3709.36 of the	4611
Revised Code.	4612

The board of health of a city or general health district or	4613
the authority having the duties of a board of health under section	4614
3709.05 of the Revised Code shall, for the purpose of providing	4615
public health services, be a body politic and corporate. As such,	4616
it is capable of suing and being sued, contracting and being	4617
contracted with, acquiring, holding, possessing, and disposing of	4618
real and personal property, and taking and holding in trust for	4619
the use and benefit of such district or authority any grant or	4620
devise of land and any domain or bequest of money or other	4621
personal property.	4622

Sec. 3729.05.  (A)(1) On or after the first day of April, but	4623
before the first day of May of each year, every person who intends	4624
to operate a recreational vehicle park, recreation camp, or	4625
combined park-camp shall procure a license to operate the park or	4626
camp from the licensor. If the applicable license fee prescribed	4627
under section 3729.07 of the Revised Code is not received by the	4628
licensor by the close of business on the last day of April, the	4629
applicant for the license shall pay a penalty equal to twenty-five	4630
per cent of the applicable license fee. The penalty shall	4631
accompany the license fee. If the last day of April is not a	4632
business day, the penalty attaches upon the close of business on	4633
the next business day.	4634

(2) Every person who intends to operate a temporary park-camp	4635
shall obtain a license to operate the temporary park-camp from the	4636
licensor at any time before the person begins operation of the	4637
temporary park-camp during the calendar year.	4638

(3) No recreational vehicle park, recreation camp, combined	4639
park-camp, or temporary park-camp shall be maintained or operated	4640
in this state without a license. However, no person who neither	4641
intends to receive nor receives anything of value arising from the	4642
use of, or the sale of goods or services in connection with the	4643
use of, a recreational vehicle park, recreation camp, combined	4644
park-camp, or temporary park-camp is required to procure a license	4645
under this division. If any health hazard exists at such an	4646
unlicensed park, camp, or park-camp, the health hazard shall be	4647
corrected in a manner consistent with the appropriate rule adopted	4648
under division (A) or (B) of section 3729.02 of the Revised Code.	4649

(4) No person who has received a license under division	4650
(A)(1) of this section, upon the sale or disposition of the	4651
recreational vehicle park, recreation camp, or combined park-camp,	4652
may have the license transferred to the new operator. A person	4653
shall obtain a separate license to operate each recreational	4654
vehicle park, recreation camp, or combined park-camp. No license	4655
to operate a temporary park-camp shall be transferred. A person	4656
shall obtain a separate license for each temporary park-camp that	4657
the person intends to operate, and the license shall be valid for	4658
a period of not longer than seven consecutive days. A person who	4659
operates a temporary park-camp on a tract of land for more than	4660
twenty-one days or parts thereof in a calendar year shall obtain a	4661
license to operate a recreational vehicle park, recreation camp,	4662
or combined park-camp.	4663

(B)(1) Before a license is initially issued under division	4664
(A)(1) of this section and annually thereafter, or more often if	4665
necessary, the licensor shall cause each recreational vehicle	4666
park, recreation camp, or combined park-camp to be inspected to	4667
determine compliance with this chapter and rules adopted under it.	4668
A record shall be made of each inspection on a form prescribed by	4669
the director of health.	4670

(2) When a license is initially issued under division (A)(2)	4671
of this section, and more often if necessary, the licensor shall	4672
cause each temporary park-camp to be inspected to determine	4673
compliance with this chapter and rules adopted under it during the	4674
period that the temporary park-camp is in operation. A record	4675
shall be made of each inspection on a form prescribed by the	4676
director.	4677

(C) Each person applying for an initial license to operate a	4678
recreational vehicle park, recreation camp, combined park-camp, or	4679
temporary park-camp shall provide acceptable proof to the	4680
director, or to the licensor in the case of a temporary park-camp,	4681
that adequate fire protection will be provided and that applicable	4682
fire codes will be adhered to in the construction and operation of	4683
the park, camp, or park-camp.	4684

(D) Any person that operates a county or state fair or any	4685
independent agricultural society organized pursuant to section	4686
1711.02 of the Revised Code that operates a fair shall not be	4687
required to obtain a license under this chapter if recreational	4688
vehicles, portable camping units, or any combination of them are	4689
parked at the site of the fair only during the time of preparation	4690
for, operation of, and dismantling of the fair and if the	4691
recreational vehicles, portable camping units, or any combination	4692
of them belong to participants in the fair.	4693

(E) The following entities that operate a fair and that hold	4694
a license issued under this chapter are not required to comply	4695
with the requirements normally imposed on a licensee under this	4696
chapter and rules adopted under it during the time of preparation	4697
for, operation of, and dismantling of the fair:	4698

(1) A county agricultural society organized pursuant to	4699
section 1711.01 of the Revised Code;	4700

(2) An independent agricultural society organized pursuant to	4701
section 1711.02 of the Revised Code;	4702

(3) The Ohio expositions commission.

4703

Sec. 4123.41.  (A) By the first day of January of each year,	4704
the bureau of workers' compensation shall furnish to the county	4705
auditor of each county and the chief fiscal officer of each taxing	4706
district in a county and of each district activity and institution	4707
mentioned in section 4123.39 of the Revised Code forms containing	4708
the premium rates applicable to the county, district, district	4709
activity, or institution as an employer, on which to report the	4710
amount of money expended by the county, district, district	4711
activity, or institution during the previous twelve calendar	4712
months for the services of employees under this chapter.	4713

(B) Each county auditor and each fiscal officer of a	4714
district, district activity, and institution shall calculate on	4715
the form it receives from the bureau under division (A) of this	4716
section the premium due as its proper contribution to the public	4717
insurance fund and issue a warrant in favor of the bureau for the	4718
amount due from the county, district, district activity, or	4719
institution to the public insurance fund according to the	4720
following schedule:	4721

(1) On or before the fifteenth day of May of each year, no	4722
less than forty-five per cent of the amount due;	4723

(2) On or before the first day of September of each year, no	4724
less than the total amount due.	4725

(C) The legislative body of any county, district, district	4726
activity, or institution may reimburse the fund from which the	4727
contribution isworkers' compensation payments are made by	4728
transferring to the fund from any other fund of the county,	4729
district, district activity, or institution, the proportionate	4730
amount of the contributionpayments that should be chargeable to	4731
the fund, whether the fund is derived from taxation or otherwise.	4732
The proportionate amount of the contributionpayments chargeable	4733
to the fund may be based on payroll, relative exposure, relative	4734
loss experience, or any combination of these factors, as	4735
determined by the legislative body. Within	4736

(1) The workers' compensation program payments of any county,	4737
district, district activity, or institution may include all	4738
payments required by any bureau of workers' compensation rating	4739
plan.	4740

(2) The workers' compensation program payments of any county,	4741
district, district activity, or institution, except for a county	4742
board of developmental disabilities, a board of alcohol, drug	4743
addiction, and mental health services, a board of mental health	4744
services, and a board of alcohol and drug addiction services, also	4745
may include any of the following:	4746

(a) Direct administrative costs incurred in the management of	4747
the county, district, district activity, or institution's workers'	4748
compensation program;	4749

(b) Indirect costs that are necessary and reasonable for the	4750
proper and efficient administration of the workers' compensation	4751
program as documented in a cost allocation plan. The indirect cost	4752
plan shall conform to the United States office of management and	4753
budget circular A-87 "cost principles for state and local	4754
governments," 2 C.F.R. 225, as most recently amended on May 10,	4755
2004. The plan shall not authorize payment from the fund of any	4756
general government expense required to carry out the overall	4757
governmental responsibilities.	4758

(3) Within sixty days before a legislative body changes the	4759
method used for calculating the proportionate amount of the	4760
contributionpayments chargeable to the fund, it shall notify,	4761
consult with, and give information supporting the change to any	4762
elected official affected by the change. A transfer made pursuant	4763
to division (B)(2) of this section is not subject to section	4764
5705.16 of the Revised Code.	4765

(C)(D)Any county board of developmental disabilities, board	4766
of alcohol, drug addiction, and mental health services, board of	4767
mental health services, or board of alcohol and drug addiction	4768
services whose workers' compensation payments, on or before the	4769
effective date of this section, includes costs referred to in	4770
division (C)(2) of this section may continue to do so on and after	4771
the effective date of this amendment.	4772

(E) The bureau may investigate the correctness of the	4773
information provided by the county auditor and chief fiscal	4774
officer under division (B) of this section, and if the bureau	4775
determines at any time that the county, district, district	4776
activity, or institution has not reported the correct information,	4777
the administrator of workers' compensation may make deductions or	4778
additions as the facts warrant and take those facts into	4779
consideration in determining the current or future contributions	4780
to be made by the county, district, district activity, or	4781
institution. If the county, district, district activity, or	4782
institution does not furnish the report in the time required by	4783
this section, the administrator may fix the amount of contribution	4784
the county, district, district activity, or institution must make	4785
and certify that amount for payment.	4786

(D)(F) The administrator shall provide a discount to any	4787
county, district, district activity, or institution that pays its	4788
total amount due to the public insurance fund on or before the	4789
fifteenth day of May of each year as its proper contribution for	4790
premiums. The administrator shall base the discount provided under	4791
this division on the savings generated by the early payment to the	4792
public insurance fund. The administrator may provide the discount	4793
through a refund to the county, district, district activity, or	4794
institution or an offset against the future contributions due to	4795
the public insurance fund from the county, district, district	4796
activity, or institution.	4797

(E)(G) The administrator may impose an interest penalty for	4798
late payment of any amount due from a county, district, district	4799
activity, and institution at the interest rate established by the	4800
state tax commissioner pursuant to section 5703.47 of the Revised	4801
Code.	4802

Sec. 5301.68.  An owner of land may grant a conservation	4803
easement to the department of natural resources, a park district	4804
created under Chapter 1545. of the Revised Code, a township park	4805
district created under section 511.18 of the Revised Code, a	4806
conservancy district created under Chapter 6101. of the Revised	4807
Code, a soil and water conservation district created under Chapter	4808
1515. of the Revised Code, a regional water and sewer district	4809
created under Chapter 6119. of the Revised Code, a county, a	4810
township, a municipal corporation, or a charitable organization	4811
that is authorized to hold conservation easements by division (B)	4812
of section 5301.69 of the Revised Code, in the form of articles of	4813
dedication, easement, covenant, restriction, or condition. An	4814
owner of land also may grant an agricultural easement to the	4815
director of agriculture; to a municipal corporation, county,	4816
township, or soil and water conservation district; or to a	4817
charitable organization described in division (B) of section	4818
5301.69 of the Revised Code. An owner of land may grant an	4819
agricultural easement only on land that is valued for purposes of	4820
real property taxation at its current value for agricultural use	4821
under section 5713.31 of the Revised Code or that constitutes a	4822
homestead when the easement is granted.	4823

All conservation easements and agricultural easements shall	4824
be executed and recorded in the same manner as other instruments	4825
conveying interests in land.	4826

Sec. 5301.69.  (A) The director of natural resources, the	4827
board of park commissioners of a park district created under	4828
Chapter 1545. of the Revised Code, the board of park commissioners	4829
of a township park district created under section 511.18 of the	4830
Revised Code, the board of directors of a conservancy district	4831
created under Chapter 6101. of the Revised Code, the board of	4832
supervisors of a soil and water conservation district created	4833
under Chapter 1515. of the Revised Code, the board of trustees of	4834
a regional water and sewer district created under Chapter 6119. of	4835
the Revised Code, the board of county commissioners of a county,	4836
the board of township trustees of a township, or the legislative	4837
authority of a municipal corporation may acquire conservation	4838
easements in the name of the state, the district, or the county,	4839
township, or municipal corporation in the same manner as other	4840
interests in land may be acquired under section 307.02, 307.18,	4841
505.10, 505.261, 511.23, 717.01, 1501.01, 1515.08, 1545.11, or	4842
6101.15, or 6119.111 of the Revised Code. Each officer, board, or	4843
authority acquiring a conservation easement shall name an	4844
appropriate administrative officer, department, or division to	4845
supervise and enforce the easement.	4846

(B) A charitable organization may acquire and hold	4847
conservation easements if it is exempt from federal taxation under	4848
subsection 501(a) and is described in subsection 501(c) of the	4849
"Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as	4850
amended, and organized for any of the following purposes: the	4851
preservation of land areas for public outdoor recreation or	4852
education, or scenic enjoyment; the preservation of historically	4853
important land areas or structures; or the protection of natural	4854
environmental systems. Such a charitable organization also may	4855
acquire and hold agricultural easements subject to the limitation	4856
that it may do so only on land that is valued for purposes of real	4857
property taxation at its current value for agricultural use under	4858
section 5713.31 of the Revised Code or that constitutes a	4859
homestead when the easement is granted.	4860

Sec. 5705.392.  (A) A board of county commissioners may adopt	4861
as a part of its annual appropriation measure a spending plan, or	4862
in the case of an amended appropriation measure, an amended	4863
spending plan, setting forth a quarterly schedule of expenses and	4864
expenditures of all appropriations for the fiscal year from the	4865
county general fund. The spending plan shall be classified to set	4866
forth separately a quarterly schedule of expenses and expenditures	4867
for each office, department, and division, and within each, the	4868
amount appropriated for personal services. Each office,	4869
department, and division shall be limited in its expenses and	4870
expenditures of moneys appropriated from the general fund during	4871
any quarter by the schedule established in the spending plan. The	4872
schedule established in the spending plan shall serve as a	4873
limitation during a quarter on the making of contracts and giving	4874
of orders involving the expenditure of money during that quarter	4875
for purposes of division (D) of section 5705.41 of the Revised	4876
Code.	4877

(B)(1) A board of county commissioners, by resolution, may	4878
adopt a spending plan or an amended spending plan setting forth	4879
separately a quarterly schedule of expenses and expenditures of	4880
appropriations from any county fund, except as provided in	4881
division (C) of this section, for the second half of a fiscal year	4882
and any subsequent fiscal year, for any county office, department,	4883
or division that has spent or encumbered more than six-tenths of	4884
the amount appropriated for personal services and payrolls during	4885
the first half of any fiscal year.	4886

(2) During any fiscal year, a board of county commissioners,	4887
by resolution, may adopt a spending plan or an amended spending	4888
plan setting forth separately a quarterly schedule of expenses and	4889
expenditures of appropriations from any county fund, except as	4890
provided in division (C) of this section, for any county office,	4891
department, or division that, during the previous fiscal year,	4892
spent one hundred ten per cent or more of the total amount	4893
appropriated for personal services and payrolls by the board in	4894
its annual appropriation measure required by section 5705.38 of	4895
the Revised Code. The spending plan or amended spending plan shall	4896
remain in effect for not more than two fiscal years, or until. But	4897
if the countyadministrative officer of the office, department, or	4898
division for which the plan was adopted is no longer in office,	4899
including terms of office to which the county officer is	4900
re-elected, whichever is lateran elected official, the spending	4901
plan shall not be in effect during a fiscal year in which that	4902
elected official is no longer the administrative officer of that	4903
office, department, or division.	4904

(3) At least thirty days before adopting a resolution under	4905
division (B)(1) or (2) of this section, the board of county	4906
commissioners shall provide written notice to each county office,	4907
department, or division for which it intends to adopt a spending	4908
plan or an amended spending plan. The notice shall be sent by	4909
regular first class mail or provided by personal service, and	4910
shall include a copy of the proposed spending plan or proposed	4911
amended spending plan. The county office, department, or division	4912
may meet with the board at any regular session of the board to	4913
comment on the notice, or to express concerns or ask questions	4914
about the proposed spending plan or proposed amended spending	4915
plan.	4916

(C) Division (B) of this section shall not apply to any fund	4917
that is subject to rules adopted by the tax commissioner under	4918
division (O) of section 5703.05 of the Revised Code.	4919

Sec. 5705.41.  No subdivision or taxing unit shall:

4920

(A) Make any appropriation of money except as provided in	4921
Chapter 5705. of the Revised Code; provided, that the	4922
authorization of a bond issue shall be deemed to be an	4923
appropriation of the proceeds of the bond issue for the purpose	4924
for which such bonds were issued, but no expenditure shall be made	4925
from any bond fund until first authorized by the taxing authority;	4926

(B) Make any expenditure of money unless it has been	4927
appropriated as provided in such chapter;	4928

(C) Make any expenditure of money except by a proper warrant	4929
drawn against an appropriate fund;	4930

(D)(1) Except as otherwise provided in division (D)(2) of	4931
this section and section 5705.44 of the Revised Code, make any	4932
contract or give any order involving the expenditure of money	4933
unless there is attached thereto a certificate of the fiscal	4934
officer of the subdivision that the amount required to meet the	4935
obligation or, in the case of a continuing contract to be	4936
performed in whole or in part in an ensuing fiscal year, the	4937
amount required to meet the obligation in the fiscal year in which	4938
the contract is made, has been lawfully appropriated for such	4939
purpose and is in the treasury or in process of collection to the	4940
credit of an appropriate fund free from any previous encumbrances.	4941
This certificate need be signed only by the subdivision's fiscal	4942
officer. Every such contract made without such a certificate shall	4943
be void, and no warrant shall be issued in payment of any amount	4944
due thereon. If no certificate is furnished as required, upon	4945
receipt by the taxing authority of the subdivision or taxing unit	4946
of a certificate of the fiscal officer stating that there was at	4947
the time of the making of such contract or order and at the time	4948
of the execution of such certificate a sufficient sum appropriated	4949
for the purpose of such contract and in the treasury or in process	4950
of collection to the credit of an appropriate fund free from any	4951
previous encumbrances, such taxing authority may authorize the	4952
drawing of a warrant in payment of amounts due upon such contract,	4953
but such resolution or ordinance shall be passed within thirty	4954
days after the taxing authority receives such certificate;	4955
provided that, if the amount involved is less than one hundred	4956
dollars in the case of counties or three thousand dollars in the	4957
case of all other subdivisions or taxing units, the fiscal officer	4958
may authorize it to be paid without such affirmation of the taxing	4959
authority of the subdivision or taxing unit, if such expenditure	4960
is otherwise valid.	4961

(2) Annually, theThe board of county commissioners may adopt	4962
a resolution exempting county purchases of one thousand dollars or	4963
less from the requirement of division (D)(1) of this section that	4964
a certificate be attached to any contract or order involving the	4965
expenditure of money. The resolution shall state the dollar amount	4966
that is exempted from the certificate requirement and whether the	4967
exemption applies to all purchases, to one or more specific	4968
classes of purchases, or to the purchase of one or more specific	4969
items. Prior to the adoption of the resolution, the board shall	4970
give written notice to the county auditor that it intends to adopt	4971
the resolution. The notice shall state the dollar amount that is	4972
proposed to be exempted and whether the exemption would apply to	4973
all purchases, to one or more specific classes of purchases, or to	4974
the purchase of one or more specific items. The county auditor may	4975
review and comment on the proposal, and shall send any comments to	4976
the board within fifteen days after receiving the notice. The	4977
board shall wait at least fifteen days after giving the notice to	4978
the auditor before adopting the resolution. A person authorized to	4979
make a county purchase in a county that has adopted such a	4980
resolution shall prepare and file with the county auditor, within	4981
three business days after incurring an obligation not requiring a	4982
certificate, or within any other period of time the board of	4983
county commissioners specifies in the resolution, a written or	4984
electronically transferred document specifying the purpose and	4985
amount of the expenditure, the date of the purchase, the name of	4986
the vendor, the specific appropriation items from which the	4987
expenditures are to be made, and any additional information as the	4988
auditor of state may prescribe.	4989

(3) Upon certification by the auditor or other chief fiscal	4990
officer that a certain sum of money, not in excess of an amount	4991
established by resolution or ordinance adopted by a majority of	4992
the members of the legislative authority of the subdivision or	4993
taxing unit, has been lawfully appropriated, authorized, or	4994
directed for a certain purpose and is in the treasury or in the	4995
process of collection to the credit of a specific line-item	4996
appropriation account in a certain fund free from previous and	4997
then outstanding obligations or certifications, then for such	4998
purpose and from such line-item appropriation account in such	4999
fund, over a period not extending beyond the end of the fiscal	5000
year, expenditures may be made, orders for payment issued, and	5001
contracts or obligations calling for or requiring the payment of	5002
money made and assumed; provided, that the aggregate sum of money	5003
included in and called for by such expenditures, orders,	5004
contracts, and obligations shall not exceed the sum so certified.	5005
Such a certification need be signed only by the fiscal officer of	5006
the subdivision or the taxing district and may, but need not, be	5007
limited to a specific vendor. An itemized statement of obligations	5008
incurred and expenditures made under such certificate shall be	5009
rendered to the auditor or other chief fiscal officer before	5010
another such certificate may be issued, and not more than one such	5011
certificate shall be outstanding at a time.	5012

In addition to providing the certification for expenditures	5013
as specified in this division, a subdivision also may make	5014
expenditures, issue orders for payment, and make contracts or	5015
obligations calling for or requiring the payment of money made and	5016
assumed for specified permitted purposes from a specific line-item	5017
appropriation account in a specified fund for a sum of money upon	5018
the certification by the fiscal officer of the subdivision that	5019
this sum of money has been lawfully appropriated, authorized, or	5020
directed for a permitted purpose and is in the treasury or in the	5021
process of collection to the credit of the specific line-item	5022
appropriation account in the specified fund free from previous and	5023
then-outstanding obligations or certifications; provided that the	5024
aggregate sum of money included in and called for by the	5025
expenditures, orders, and obligations shall not exceed the	5026
certified sum. The purposes for which a subdivision may lawfully	5027
appropriate, authorize, or issue such a certificate are the	5028
services of an accountant, architect, attorney at law, physician,	5029
professional engineer, construction project manager, consultant,	5030
surveyor, or appraiser by or on behalf of the subdivision or	5031
contracting authority; fuel oil, gasoline, food items, roadway	5032
materials, and utilities; and any purchases exempt from	5033
competitive bidding under section 125.04 of the Revised Code and	5034
any other specific expenditure that is a recurring and reasonably	5035
predictable operating expense. Such a certification shall not	5036
extend beyond the end of the fiscal year or, in the case of a	5037
board of county commissioners that has established a quarterly	5038
spending plan under section 5705.392 of the Revised Code, beyond	5039
the quarter to which the plan applies. Such a certificate shall be	5040
signed by the fiscal officer and may, but need not, be limited to	5041
a specific vendor. An itemized statement of obligations incurred	5042
and expenditures made under such a certificate shall be rendered	5043
to the fiscal officer for each certificate issued. More than one	5044
such certificate may be outstanding at any time.	5045

In any case in which a contract is entered into upon a per	5046
unit basis, the head of the department, board, or commission for	5047
the benefit of which the contract is made shall make an estimate	5048
of the total amount to become due upon such contract, which	5049
estimate shall be certified in writing to the fiscal officer of	5050
the subdivision. Such a contract may be entered into if the	5051
appropriation covers such estimate, or so much thereof as may be	5052
due during the current year. In such a case the certificate of the	5053
fiscal officer based upon the estimate shall be a sufficient	5054
compliance with the law requiring a certificate.	5055

Any certificate of the fiscal officer attached to a contract	5056
shall be binding upon the political subdivision as to the facts	5057
set forth therein. Upon request of any person receiving an order	5058
or entering into a contract with any political subdivision, the	5059
certificate of the fiscal officer shall be attached to such order	5060
or contract. "Contract" as used in this section excludes current	5061
payrolls of regular employees and officers.	5062

(E) Taxes and other revenue in process of collection, or the	5063
proceeds to be derived from authorized bonds, notes, or	5064
certificates of indebtedness sold and in process of delivery,	5065
shall for the purpose of this section be deemed in the treasury or	5066
in process of collection and in the appropriate fund. This section	5067
applies neither to the investment of sinking funds by the trustees	5068
of such funds, nor to investments made under sections 731.56 to	5069
731.59 of the Revised Code.	5070

No district authority shall, in transacting its own affairs,	5071
do any of the things prohibited to a subdivision by this section,	5072
but the appropriation referred to shall become the appropriation	5073
by the district authority, and the fiscal officer referred to	5074
shall mean the fiscal officer of the district authority.	5075

Sec. 5709.40.  (A) As used in this section:

5076

(1) "Blighted area" and "impacted city" have the same	5077
meanings as in section 1728.01 of the Revised Code.	5078

(2) "Business day" means a day of the week excluding	5079
Saturday, Sunday, and a legal holiday as defined under section	5080
1.14 of the Revised Code.	5081

(3) "Housing renovation" means a project carried out for	5082
residential purposes.	5083

(4) "Improvement" means the increase in the assessed value of	5084
any real property that would first appear on the tax list and	5085
duplicate of real and public utility property after the effective	5086
date of an ordinance adopted under this section were it not for	5087
the exemption granted by that ordinance.	5088

(5) "Incentive district" means an area not more than three	5089
hundred acres in size enclosed by a continuous boundary in which a	5090
project is being, or will be, undertaken and having one or more of	5091
the following distress characteristics:	5092

(a) At least fifty-one per cent of the residents of the	5093
district have incomes of less than eighty per cent of the median	5094
income of residents of the political subdivision in which the	5095
district is located, as determined in the same manner specified	5096
under section 119(b) of the "Housing and Community Development Act	5097
of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended;	5098

(b) The average rate of unemployment in the district during	5099
the most recent twelve-month period for which data are available	5100
is equal to at least one hundred fifty per cent of the average	5101
rate of unemployment for this state for the same period.	5102

(c) At least twenty per cent of the people residing in the	5103
district live at or below the poverty level as defined in the	5104
federal Housing and Community Development Act of 1974, 42 U.S.C.	5105
5301, as amended, and regulations adopted pursuant to that act.	5106

(d) The district is a blighted area.

5107

(e) The district is in a situational distress area as	5108
designated by the director of development under division (F) of	5109
section 122.23 of the Revised Code.	5110

(f) As certified by the engineer for the political	5111
subdivision, the public infrastructure serving the district is	5112
inadequate to meet the development needs of the district as	5113
evidenced by a written economic development plan or urban renewal	5114
plan for the district that has been adopted by the legislative	5115
authority of the subdivision.	5116

(g) The district is comprised entirely of unimproved land	5117
that is located in a distressed area as defined in section 122.23	5118
of the Revised Code.	5119

(6) "Project" means development activities undertaken on one	5120
or more parcels, including, but not limited to, construction,	5121
expansion, and alteration of buildings or structures, demolition,	5122
remediation, and site development, and any building or structure	5123
that results from those activities.	5124

(7) "Public infrastructure improvement" includes, but is not	5125
limited to, public roads and highways; water and sewer lines;	5126
environmental remediation; land acquisition, including acquisition	5127
in aid of industry, commerce, distribution, or research;	5128
demolition, including demolition on private property when	5129
determined to be necessary for economic development purposes;	5130
stormwater and flood remediation projects, including such projects	5131
on private property when determined to be necessary for public	5132
health, safety, and welfare; the provision of gas, electric, and	5133
communications service facilities; and the enhancement of public	5134
waterways through improvements that allow for greater public	5135
access.	5136

(B) The legislative authority of a municipal corporation, by	5137
ordinance, may declare improvements to certain parcels of real	5138
property located in the municipal corporation to be a public	5139
purpose. Improvements with respect to a parcel that is used or to	5140
be used for residential purposes may be declared a public purpose	5141
under this division only if the parcel is located in a blighted	5142
area of an impacted city. For this purpose, "parcel that is used	5143
or to be used for residential purposes" means a parcel that, as	5144
improved, is used or to be used for purposes that would cause the	5145
tax commissioner to classify the parcel as residential property in	5146
accordance with rules adopted by the commissioner under section	5147
5713.041 of the Revised Code. Except with the approval under	5148
division (D) of this section of the board of education of each	5149
city, local, or exempted village school district within which the	5150
improvements are located, not more than seventy-five per cent of	5151
an improvement thus declared to be a public purpose may be	5152
exempted from real property taxation for a period of not more than	5153
ten years. The ordinance shall specify the percentage of the	5154
improvement to be exempted from taxation and the life of the	5155
exemption.	5156

An ordinance adopted or amended under this division shall	5157
designate the specific public infrastructure improvements made, to	5158
be made, or in the process of being made by the municipal	5159
corporation that directly benefit, or that once made will directly	5160
benefit, the parcels for which improvements are declared to be a	5161
public purpose. The service payments provided for in section	5162
5709.42 of the Revised Code shall be used to finance the public	5163
infrastructure improvements designated in the ordinance, for the	5164
purpose described in division (D)(1) of this section or as	5165
provided in section 5709.43 of the Revised Code.	5166

(C)(1) The legislative authority of a municipal corporation	5167
may adopt an ordinance creating an incentive district and	5168
declaring improvements to parcels within the district to be a	5169
public purpose and, except as provided in division (F) of this	5170
section, exempt from taxation as provided in this section, but no	5171
legislative authority of a municipal corporation that has a	5172
population that exceeds twenty-five thousand, as shown by the most	5173
recent federal decennial census, shall adopt an ordinance that	5174
creates an incentive district if the sum of the taxable value of	5175
real property in the proposed district for the preceding tax year	5176
and the taxable value of all real property in the municipal	5177
corporation that would have been taxable in the preceding year	5178
were it not for the fact that the property was in an existing	5179
incentive district and therefore exempt from taxation exceeds	5180
twenty-five per cent of the taxable value of real property in the	5181
municipal corporation for the preceding tax year. The ordinance	5182
shall delineate the boundary of the district and specifically	5183
identify each parcel within the district. A district may not	5184
include any parcel that is or has been exempted from taxation	5185
under division (B) of this section or that is or has been within	5186
another district created under this division. An ordinance may	5187
create more than one such district, and more than one ordinance	5188
may be adopted under division (C)(1) of this section.	5189

(2) Not later than thirty days prior to adopting an ordinance	5190
under division (C)(1) of this section, if the municipal	5191
corporation intends to apply for exemptions from taxation under	5192
section 5709.911 of the Revised Code on behalf of owners of real	5193
property located within the proposed incentive district, the	5194
legislative authority of a municipal corporation shall conduct a	5195
public hearing on the proposed ordinance. Not later than thirty	5196
days prior to the public hearing, the legislative authority shall	5197
give notice of the public hearing and the proposed ordinance by	5198
first class mail to every real property owner whose property is	5199
located within the boundaries of the proposed incentive district	5200
that is the subject of the proposed ordinance.	5201

(3)(a) An ordinance adopted under division (C)(1) of this	5202
section shall specify the life of the incentive district and the	5203
percentage of the improvements to be exempted, shall designate the	5204
public infrastructure improvements made, to be made, or in the	5205
process of being made, that benefit or serve, or, once made, will	5206
benefit or serve parcels in the district. The ordinance also shall	5207
identify one or more specific projects being, or to be, undertaken	5208
in the district that place additional demand on the public	5209
infrastructure improvements designated in the ordinance. The	5210
project identified may, but need not be, the project under	5211
division (C)(3)(b) of this section that places real property in	5212
use for commercial or industrial purposes. Except as otherwise	5213
permitted under that division, the service payments provided for	5214
in section 5709.42 of the Revised Code shall be used to finance	5215
the designated public infrastructure improvements, for the purpose	5216
described in division (D)(1) or (E) of this section, or as	5217
provided in section 5709.43 of the Revised Code.	5218

An ordinance adopted under division (C)(1) of this section on	5219
or after March 30, 2006, shall not designate police or fire	5220
equipment as public infrastructure improvements, and no service	5221
payment provided for in section 5709.42 of the Revised Code and	5222
received by the municipal corporation under the ordinance shall be	5223
used for police or fire equipment.	5224

(b) An ordinance adopted under division (C)(1) of this	5225
section may authorize the use of service payments provided for in	5226
section 5709.42 of the Revised Code for the purpose of housing	5227
renovations within the incentive district, provided that the	5228
ordinance also designates public infrastructure improvements that	5229
benefit or serve the district, and that a project within the	5230
district places real property in use for commercial or industrial	5231
purposes. Service payments may be used to finance or support	5232
loans, deferred loans, and grants to persons for the purpose of	5233
housing renovations within the district. The ordinance shall	5234
designate the parcels within the district that are eligible for	5235
housing renovation. The ordinance shall state separately the	5236
amounts or the percentages of the expected aggregate service	5237
payments that are designated for each public infrastructure	5238
improvement and for the general purpose of housing renovations.	5239

(4) Except with the approval of the board of education of	5240
each city, local, or exempted village school district within the	5241
territory of which the incentive district is or will be located,	5242
and subject to division (E) of this section, the life of an	5243
incentive district shall not exceed ten years, and the percentage	5244
of improvements to be exempted shall not exceed seventy-five per	5245
cent. With approval of the board of education, the life of a	5246
district may be not more than thirty years, and the percentage of	5247
improvements to be exempted may be not more than one hundred per	5248
cent. The approval of a board of education shall be obtained in	5249
the manner provided in division (D) of this section.	5250

(D)(1) If the ordinance declaring improvements to a parcel to	5251
be a public purpose or creating an incentive district specifies	5252
that payments in lieu of taxes provided for in section 5709.42 of	5253
the Revised Code shall be paid to the city, local, or exempted	5254
village, and joint vocational school district in which the parcel	5255
or incentive district is located in the amount of the taxes that	5256
would have been payable to the school district if the improvements	5257
had not been exempted from taxation, the percentage of the	5258
improvement that may be exempted from taxation may exceed	5259
seventy-five per cent, and the exemption may be granted for up to	5260
thirty years, without the approval of the board of education as	5261
otherwise required under division (D)(2) of this section.	5262

(2) Improvements with respect to a parcel may be exempted	5263
from taxation under division (B) of this section, and improvements	5264
to parcels within an incentive district may be exempted from	5265
taxation under division (C) of this section, for up to ten years	5266
or, with the approval under this paragraph of the board of	5267
education of the city, local, or exempted village school district	5268
within which the parcel or district is located, for up to thirty	5269
years. The percentage of the improvement exempted from taxation	5270
may, with such approval, exceed seventy-five per cent, but shall	5271
not exceed one hundred per cent. Not later than forty-five	5272
business days prior to adopting an ordinance under this section	5273
declaring improvements to be a public purpose that is subject to	5274
approval by a board of education under this division, the	5275
legislative authority shall deliver to the board of education a	5276
notice stating its intent to adopt an ordinance making that	5277
declaration. The notice regarding improvements with respect to a	5278
parcel under division (B) of this section shall identify the	5279
parcels for which improvements are to be exempted from taxation,	5280
provide an estimate of the true value in money of the	5281
improvements, specify the period for which the improvements would	5282
be exempted from taxation and the percentage of the improvement	5283
that would be exempted, and indicate the date on which the	5284
legislative authority intends to adopt the ordinance. The notice	5285
regarding improvements to parcels within an incentive district	5286
under division (C) of this section shall delineate the boundaries	5287
of the district, specifically identify each parcel within the	5288
district, identify each anticipated improvement in the district,	5289
provide an estimate of the true value in money of each such	5290
improvement, specify the life of the district and the percentage	5291
of improvements that would be exempted, and indicate the date on	5292
which the legislative authority intends to adopt the ordinance.	5293
The board of education, by resolution adopted by a majority of the	5294
board, may approve the exemption for the period or for the	5295
exemption percentage specified in the notice; may disapprove the	5296
exemption for the number of years in excess of ten, may disapprove	5297
the exemption for the percentage of the improvement to be exempted	5298
in excess of seventy-five per cent, or both; or may approve the	5299
exemption on the condition that the legislative authority and the	5300
board negotiate an agreement providing for compensation to the	5301
school district equal in value to a percentage of the amount of	5302
taxes exempted in the eleventh and subsequent years of the	5303
exemption period or, in the case of exemption percentages in	5304
excess of seventy-five per cent, compensation equal in value to a	5305
percentage of the taxes that would be payable on the portion of	5306
the improvement in excess of seventy-five per cent were that	5307
portion to be subject to taxation, or other mutually agreeable	5308
compensation. If an agreement is negotiated between the	5309
legislative authority and the board to compensate the school	5310
district for all or part of the taxes exempted, including	5311
agreements for payments in lieu of taxes under section 5709.42 of	5312
the Revised Code, the legislative authority shall compensate the	5313
joint vocational school district within which the parcel or	5314
district is located at the same rate and under the same terms	5315
received by the city, local, or exempted village school district.	5316

(3) The board of education shall certify its resolution to	5317
the legislative authority not later than fourteen days prior to	5318
the date the legislative authority intends to adopt the ordinance	5319
as indicated in the notice. If the board of education and the	5320
legislative authority negotiate a mutually acceptable compensation	5321
agreement, the ordinance may declare the improvements a public	5322
purpose for the number of years specified in the ordinance or, in	5323
the case of exemption percentages in excess of seventy-five per	5324
cent, for the exemption percentage specified in the ordinance. In	5325
either case, if the board and the legislative authority fail to	5326
negotiate a mutually acceptable compensation agreement, the	5327
ordinance may declare the improvements a public purpose for not	5328
more than ten years, and shall not exempt more than seventy-five	5329
per cent of the improvements from taxation. If the board fails to	5330
certify a resolution to the legislative authority within the time	5331
prescribed by this division, the legislative authority thereupon	5332
may adopt the ordinance and may declare the improvements a public	5333
purpose for up to thirty years, or, in the case of exemption	5334
percentages proposed in excess of seventy-five per cent, for the	5335
exemption percentage specified in the ordinance. The legislative	5336
authority may adopt the ordinance at any time after the board of	5337
education certifies its resolution approving the exemption to the	5338
legislative authority, or, if the board approves the exemption on	5339
the condition that a mutually acceptable compensation agreement be	5340
negotiated, at any time after the compensation agreement is agreed	5341
to by the board and the legislative authority.	5342

(4) If a board of education has adopted a resolution waiving	5343
its right to approve exemptions from taxation under this section	5344
and the resolution remains in effect, approval of exemptions by	5345
the board is not required under division (D) of this section. If a	5346
board of education has adopted a resolution allowing a legislative	5347
authority to deliver the notice required under division (D) of	5348
this section fewer than forty-five business days prior to the	5349
legislative authority's adoption of the ordinance, the legislative	5350
authority shall deliver the notice to the board not later than the	5351
number of days prior to such adoption as prescribed by the board	5352
in its resolution. If a board of education adopts a resolution	5353
waiving its right to approve agreements or shortening the	5354
notification period, the board shall certify a copy of the	5355
resolution to the legislative authority. If the board of education	5356
rescinds such a resolution, it shall certify notice of the	5357
rescission to the legislative authority.	5358

(5) If the legislative authority is not required by division	5359
(D) of this section to notify the board of education of the	5360
legislative authority's intent to declare improvements to be a	5361
public purpose, the legislative authority shall comply with the	5362
notice requirements imposed under section 5709.83 of the Revised	5363
Code, unless the board has adopted a resolution under that section	5364
waiving its right to receive such a notice.	5365

(E)(1) If a proposed ordinance under division (C)(1) of this	5366
section exempts improvements with respect to a parcel within an	5367
incentive district for more than ten years, or the percentage of	5368
the improvement exempted from taxation exceeds seventy-five per	5369
cent, not later than forty-five business days prior to adopting	5370
the ordinance the legislative authority of the municipal	5371
corporation shall deliver to the board of county commissioners of	5372
the county within which the incentive district will be located a	5373
notice that states its intent to adopt an ordinance creating an	5374
incentive district. The notice shall include a copy of the	5375
proposed ordinance, identify the parcels for which improvements	5376
are to be exempted from taxation, provide an estimate of the true	5377
value in money of the improvements, specify the period of time for	5378
which the improvements would be exempted from taxation, specify	5379
the percentage of the improvements that would be exempted from	5380
taxation, and indicate the date on which the legislative authority	5381
intends to adopt the ordinance.	5382

(2) The board of county commissioners, by resolution adopted	5383
by a majority of the board, may object to the exemption for the	5384
number of years in excess of ten, may object to the exemption for	5385
the percentage of the improvement to be exempted in excess of	5386
seventy-five per cent, or both. If the board of county	5387
commissioners objects, the board may negotiate a mutually	5388
acceptable compensation agreement with the legislative authority.	5389
In no case shall the compensation provided to the board exceed the	5390
property taxes forgone due to the exemption. If the board of	5391
county commissioners objects, and the board and legislative	5392
authority fail to negotiate a mutually acceptable compensation	5393
agreement, the ordinance adopted under division (C)(1) of this	5394
section shall provide to the board compensation in the eleventh	5395
and subsequent years of the exemption period equal in value to not	5396
more than fifty per cent of the taxes that would be payable to the	5397
county or, if the board's objection includes an objection to an	5398
exemption percentage in excess of seventy-five per cent,	5399
compensation equal in value to not more than fifty per cent of the	5400
taxes that would be payable to the county, on the portion of the	5401
improvement in excess of seventy-five per cent, were that portion	5402
to be subject to taxation. The board of county commissioners shall	5403
certify its resolution to the legislative authority not later than	5404
thirty days after receipt of the notice.	5405

(3) If the board of county commissioners does not object or	5406
fails to certify its resolution objecting to an exemption within	5407
thirty days after receipt of the notice, the legislative authority	5408
may adopt the ordinance, and no compensation shall be provided to	5409
the board of county commissioners. If the board timely certifies	5410
its resolution objecting to the ordinance, the legislative	5411
authority may adopt the ordinance at any time after a mutually	5412
acceptable compensation agreement is agreed to by the board and	5413
the legislative authority, or, if no compensation agreement is	5414
negotiated, at any time after the legislative authority agrees in	5415
the proposed ordinance to provide compensation to the board of	5416
fifty per cent of the taxes that would be payable to the county in	5417
the eleventh and subsequent years of the exemption period or on	5418
the portion of the improvement in excess of seventy-five per cent,	5419
were that portion to be subject to taxation.	5420

(F) Service payments in lieu of taxes that are attributable	5421
to any amount by which the effective tax rate of either a renewal	5422
levy with an increase or a replacement levy exceeds the effective	5423
tax rate of the levy renewed or replaced, or that are attributable	5424
to an additional levy, for a levy authorized by the voters for any	5425
of the following purposes on or after January 1, 2006, and which	5426
are provided pursuant to an ordinance creating an incentive	5427
district under division (C)(1) of this section that is adopted on	5428
or after January 1, 2006, shall be distributed to the appropriate	5429
taxing authority as required under division (C) of section 5709.42	5430
of the Revised Code in an amount equal to the amount of taxes from	5431
that additional levy or from the increase in the effective tax	5432
rate of such renewal or replacement levy that would have been	5433
payable to that taxing authority from the following levies were it	5434
not for the exemption authorized under division (C) of this	5435
section:	5436

(1) A tax levied under division (L) of section 5705.19 or	5437
section 5705.191 of the Revised Code for community mental	5438
retardation and developmental disabilities programs and services	5439
pursuant to Chapter 5126. of the Revised Code;	5440

(2) A tax levied under division (Y) of section 5705.19 of the	5441
Revised Code for providing or maintaining senior citizens services	5442
or facilities;	5443

(3) A tax levied under section 5705.22 of the Revised Code	5444
for county hospitals;	5445

(4) A tax levied by a joint-county district or by a county	5446
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	5447
for alcohol, drug addiction, and mental health services or	5448
facilities;	5449

(5) A tax levied under section 5705.23 of the Revised Code	5450
for library purposes;	5451

(6) A tax levied under section 5705.24 of the Revised Code	5452
for the support of children services and the placement and care of	5453
children;	5454

(7) A tax levied under division (Z) of section 5705.19 of the	5455
Revised Code for the provision and maintenance of zoological park	5456
services and facilities under section 307.76 of the Revised Code;	5457

(8) A tax levied under section 511.27 or division (H) of	5458
section 5705.19 of the Revised Code for the support of township	5459
park districts;	5460

(9) A tax levied under division (A), (F), or (H) of section	5461
5705.19 of the Revised Code for parks and recreational purposes of	5462
a joint recreation district organized pursuant to division (B) of	5463
section 755.14 of the Revised Code;	5464

(10) A tax levied under section 1545.20 or 1545.21 of the	5465
Revised Code for park district purposes;	5466

(11) A tax levied under section 5705.191 of the Revised Code	5467
for the purpose of making appropriations for public assistance;	5468
human or social services; public relief; public welfare; public	5469
health and hospitalization; and support of general hospitals;	5470

(12) A tax levied under section 3709.29 of the Revised Code	5471
for a general health district program.	5472

(G) An exemption from taxation granted under this section	5473
commences with the tax year specified in the ordinance so long as	5474
the year specified in the ordinance commences after the effective	5475
date of the ordinance. If the ordinance specifies a year	5476
commencing before the effective date of the resolution or	5477
specifies no year whatsoever, the exemption commences with the tax	5478
year in which an exempted improvement first appears on the tax	5479
list and duplicate of real and public utility property and that	5480
commences after the effective date of the ordinance. Except as	5481
otherwise provided in this division, the exemption ends on the	5482
date specified in the ordinance as the date the improvement ceases	5483
to be a public purpose or the incentive district expires, or ends	5484
on the date on which the public infrastructure improvements and	5485
housing renovations are paid in full from the municipal public	5486
improvement tax increment equivalent fund established under	5487
division (A) of section 5709.43 of the Revised Code, whichever	5488
occurs first. The exemption of an improvement with respect to a	5489
parcel or within an incentive district may end on a later date, as	5490
specified in the ordinance, if the legislative authority and the	5491
board of education of the city, local, or exempted village school	5492
district within which the parcel or district is located have	5493
entered into a compensation agreement under section 5709.82 of the	5494
Revised Code with respect to the improvement, and the board of	5495
education has approved the term of the exemption under division	5496
(D)(2) of this section, but in no case shall the improvement be	5497
exempted from taxation for more than thirty years. Exemptions	5498
shall be claimed and allowed in the same manner as in the case of	5499
other real property exemptions. If an exemption status changes	5500
during a year, the procedure for the apportionment of the taxes	5501
for that year is the same as in the case of other changes in tax	5502
exemption status during the year.	5503

(H) Additional municipal financing of public infrastructure	5504
improvements and housing renovations may be provided by any	5505
methods that the municipal corporation may otherwise use for	5506
financing such improvements or renovations. If the municipal	5507
corporation issues bonds or notes to finance the public	5508
infrastructure improvements and housing renovations and pledges	5509
money from the municipal public improvement tax increment	5510
equivalent fund to pay the interest on and principal of the bonds	5511
or notes, the bonds or notes are not subject to Chapter 133. of	5512
the Revised Code.	5513

(I) The municipal corporation, not later than fifteen days	5514
after the adoption of an ordinance under this section, shall	5515
submit to the director of development a copy of the ordinance. On	5516
or before the thirty-first day of March of each year, the	5517
municipal corporation shall submit a status report to the director	5518
of development. The report shall indicate, in the manner	5519
prescribed by the director, the progress of the project during	5520
each year that an exemption remains in effect, including a summary	5521
of the receipts from service payments in lieu of taxes;	5522
expenditures of money from the funds created under section 5709.43	5523
of the Revised Code; a description of the public infrastructure	5524
improvements and housing renovations financed with such	5525
expenditures; and a quantitative summary of changes in employment	5526
and private investment resulting from each project.	5527

(J) Nothing in this section shall be construed to prohibit a	5528
legislative authority from declaring to be a public purpose	5529
improvements with respect to more than one parcel.	5530

Sec. 5709.41.  (A) As used in this section:

5531

(1) "Business day" means a day of the week excluding	5532
Saturday, Sunday, and a legal holiday as defined under section	5533
1.14 of the Revised Code.	5534

(2) "Improvement" means the increase in assessed value of any	5535
parcel of property subsequent to the acquisition of the parcel by	5536
a municipal corporation engaged in urban redevelopment.	5537

(B) The legislative authority of a municipal corporation, by	5538
ordinance, may declare to be a public purpose any improvement to a	5539
parcel of real property if both of the following apply:	5540

(1) The municipal corporation held fee title to the parcel	5541
prior to the adoption of the ordinance;	5542

(2) The parcel is leased, or the fee of the parcel is	5543
conveyed, to any person either before or after adoption of the	5544
ordinance.	5545

Improvements used or to be used for residential purposes may	5546
be declared a public purpose under this section only if the parcel	5547
is located in a blighted area of an impacted city as those terms	5548
are defined in section 1728.01 of the Revised Code. For this	5549
purpose, "parcel that is used or to be used for residential	5550
purposes" means a parcel that, as improved, is used or to be used	5551
for purposes that would cause the tax commissioner to classify the	5552
parcel as residential property in accordance with rules adopted by	5553
the commissioner under section 5713.041 of the Revised Code.	5554

(C) Except as otherwise provided in division (C)(1), (2), or	5555
(3) of this section, not more than seventy-five per cent of an	5556
improvement thus declared to be a public purpose may be exempted	5557
from real property taxation. The ordinance shall specify the	5558
percentage of the improvement to be exempted from taxation.	5559

(1) If the ordinance declaring improvements to a parcel to be	5560
a public purpose specifies that payments in lieu of taxes provided	5561
for in section 5709.42 of the Revised Code shall be paid to the	5562
city, local, or exempted village school district in which the	5563
parcel is located in the amount of the taxes that would have been	5564
payable to the school district if the improvements had not been	5565
exempted from taxation, the percentage of the improvement that may	5566
be exempted from taxation may exceed seventy-five per cent, and	5567
the exemption may be granted for up to thirty years, without the	5568
approval of the board of education as otherwise required under	5569
division (C)(2) of this section.	5570

(2) Improvements may be exempted from taxation for up to ten	5571
years or, with the approval of the board of education of the city,	5572
local, or exempted village school district within the territory of	5573
which the improvements are or will be located, for up to thirty	5574
years. The percentage of the improvement exempted from taxation	5575
may, with such approval, exceed seventy-five per cent, but shall	5576
not exceed one hundred per cent. Not later than forty-five	5577
business days prior to adopting an ordinance under this section,	5578
the legislative authority shall deliver to the board of education	5579
a notice stating its intent to declare improvements to be a public	5580
purpose under this section. The notice shall describe the parcel	5581
and the improvements, provide an estimate of the true value in	5582
money of the improvements, specify the period for which the	5583
improvements would be exempted from taxation and the percentage of	5584
the improvements that would be exempted, and indicate the date on	5585
which the legislative authority intends to adopt the ordinance.	5586
The board of education, by resolution adopted by a majority of the	5587
board, may approve the exemption for the period or for the	5588
exemption percentage specified in the notice, may disapprove the	5589
exemption for the number of years in excess of ten, may disapprove	5590
the exemption for the percentage of the improvements to be	5591
exempted in excess of seventy-five per cent, or both, or may	5592
approve the exemption on the condition that the legislative	5593
authority and the board negotiate an agreement providing for	5594
compensation to the school district equal in value to a percentage	5595
of the amount of taxes exempted in the eleventh and subsequent	5596
years of the exemption period, or, in the case of exemption	5597
percentages in excess of seventy-five per cent, compensation equal	5598
in value to a percentage of the taxes that would be payable on the	5599
portion of the improvement in excess of seventy-five per cent were	5600
that portion to be subject to taxation. The board of education	5601
shall certify its resolution to the legislative authority not	5602
later than fourteen days prior to the date the legislative	5603
authority intends to adopt the ordinance as indicated in the	5604
notice. If the board of education approves the exemption on the	5605
condition that a compensation agreement be negotiated, the board	5606
in its resolution shall propose a compensation percentage. If the	5607
board of education and the legislative authority negotiate a	5608
mutually acceptable compensation agreement, the ordinance may	5609
declare the improvements a public purpose for the number of years	5610
specified in the ordinance or, in the case of exemption	5611
percentages in excess of seventy-five per cent, for the exemption	5612
percentage specified in the ordinance. In either case, if the	5613
board and the legislative authority fail to negotiate a mutually	5614
acceptable compensation agreement, the ordinance may declare the	5615
improvements a public purpose for not more than ten years, but	5616
shall not exempt more than seventy-five per cent of the	5617
improvements from taxation. If the board fails to certify a	5618
resolution to the legislative authority within the time prescribed	5619
by this division, the legislative authority thereupon may adopt	5620
the ordinance and may declare the improvements a public purpose	5621
for up to thirty years. The legislative authority may adopt the	5622
ordinance at any time after the board of education certifies its	5623
resolution approving the exemption to the legislative authority,	5624
or, if the board approves the exemption on the condition that a	5625
mutually acceptable compensation agreement be negotiated, at any	5626
time after the compensation agreement is agreed to by the board	5627
and the legislative authority. If a mutually acceptable	5628
compensation agreement is negotiated between the legislative	5629
authority and the board, including agreements for payments in lieu	5630
of taxes under section 5709.42 of the Revised Code, the	5631
legislative authority shall compensate the joint vocational school	5632
district within the territory of which the improvements are or	5633
will be located at the same rate and under the same terms received	5634
by the city, local, or exempted village school district.	5635

(3) If a board of education has adopted a resolution waiving	5636
its right to approve exemptions from taxation and the resolution	5637
remains in effect, approval of exemptions by the board is not	5638
required under this division. If a board of education has adopted	5639
a resolution allowing a legislative authority to deliver the	5640
notice required under this division fewer than forty-five business	5641
days prior to the legislative authority's adoption of the	5642
ordinance, the legislative authority shall deliver the notice to	5643
the board not later than the number of days prior to such adoption	5644
as prescribed by the board in its resolution. If a board of	5645
education adopts a resolution waiving its right to approve	5646
exemptions or shortening the notification period, the board shall	5647
certify a copy of the resolution to the legislative authority. If	5648
the board of education rescinds such a resolution, it shall	5649
certify notice of the rescission to the legislative authority.	5650

(4) If the legislative authority is not required by division	5651
(C)(1), (2), or (3) of this section to notify the board of	5652
education of the legislative authority's intent to declare	5653
improvements to be a public purpose, the legislative authority	5654
shall comply with the notice requirements imposed under section	5655
5709.83 of the Revised Code, unless the board has adopted a	5656
resolution under that section waiving its right to receive such a	5657
notice.	5658

(D) The exemption commences on the effective date of the	5659
ordinance and ends on the date specified in the ordinance as the	5660
date the improvement ceases to be a public purpose. The exemption	5661
shall be claimed and allowed in the same or a similar manner as in	5662
the case of other real property exemptions. If an exemption status	5663
changes during a tax year, the procedure for the apportionment of	5664
the taxes for that year is the same as in the case of other	5665
changes in tax exemption status during the year.	5666

(E) A municipal corporation, not later than fifteen days	5667
after the adoption of an ordinance granting a tax exemption under	5668
this section, shall submit to the director of development a copy	5669
of the ordinance. On or before the thirty-first day of March each	5670
year, the municipal corporation shall submit a status report to	5671
the director of development outlining the progress of the project	5672
during each year that the exemption remains in effect.	5673

Sec. 5709.73.  (A) As used in this section and section	5674
5709.74 of the Revised Code:	5675

(1) "Business day" means a day of the week excluding	5676
Saturday, Sunday, and a legal holiday as defined in section 1.14	5677
of the Revised Code.	5678

(2) "Further improvements" or "improvements" means the	5679
increase in the assessed value of real property that would first	5680
appear on the tax list and duplicate of real and public utility	5681
property after the effective date of a resolution adopted under	5682
this section were it not for the exemption granted by that	5683
resolution. For purposes of division (B) of this section,	5684
"improvements" do not include any property used or to be used for	5685
residential purposes. For this purpose, "property that is used or	5686
to be used for residential purposes" means property that, as	5687
improved, is used or to be used for purposes that would cause the	5688
tax commissioner to classify the property as residential property	5689
in accordance with rules adopted by the commissioner under section	5690
5713.041 of the Revised Code.	5691

(3) "Housing renovation" means a project carried out for	5692
residential purposes.	5693

(4) "Incentive district" has the same meaning as in section	5694
5709.40 of the Revised Code, except that a blighted area is in the	5695
unincorporated area of a township.	5696

(5) "Project" and "public infrastructure improvement" have	5697
the same meanings as in section 5709.40 of the Revised Code.	5698

(B) A board of township trustees may, by unanimous vote,	5699
adopt a resolution that declares to be a public purpose any public	5700
infrastructure improvements made that are necessary for the	5701
development of certain parcels of land located in the	5702
unincorporated area of the township. Except with the approval	5703
under division (D) of this section of the board of education of	5704
each city, local, or exempted village school district within which	5705
the improvements are located, the resolution may exempt from real	5706
property taxation not more than seventy-five per cent of further	5707
improvements to a parcel of land that directly benefits from the	5708
public infrastructure improvements, for a period of not more than	5709
ten years. The resolution shall specify the percentage of the	5710
further improvements to be exempted and the life of the exemption.	5711

(C)(1) A board of township trustees may adopt, by unanimous	5712
vote, a resolution creating an incentive district and declaring	5713
improvements to parcels within the district to be a public purpose	5714
and, except as provided in division (F) of this section, exempt	5715
from taxation as provided in this section, but no board of	5716
township trustees of a township that has a population that exceeds	5717
twenty-five thousand, as shown by the most recent federal	5718
decennial census, shall adopt a resolution that creates an	5719
incentive district if the sum of the taxable value of real	5720
property in the proposed district for the preceding tax year and	5721
the taxable value of all real property in the township that would	5722
have been taxable in the preceding year were it not for the fact	5723
that the property was in an existing incentive district and	5724
therefore exempt from taxation exceeds twenty-five per cent of the	5725
taxable value of real property in the township for the preceding	5726
tax year. The district shall be located within the unincorporated	5727
area of the township and shall not include any territory that is	5728
included within a district created under division (B) of section	5729
5709.78 of the Revised Code. The resolution shall delineate the	5730
boundary of the district and specifically identify each parcel	5731
within the district. A district may not include any parcel that is	5732
or has been exempted from taxation under division (B) of this	5733
section or that is or has been within another district created	5734
under this division. A resolution may create more than one	5735
district, and more than one resolution may be adopted under	5736
division (C)(1) of this section.	5737

(2) Not later than thirty days prior to adopting a resolution	5738
under division (C)(1) of this section, if the township intends to	5739
apply for exemptions from taxation under section 5709.911 of the	5740
Revised Code on behalf of owners of real property located within	5741
the proposed incentive district, the board shall conduct a public	5742
hearing on the proposed resolution. Not later than thirty days	5743
prior to the public hearing, the board shall give notice of the	5744
public hearing and the proposed resolution by first class mail to	5745
every real property owner whose property is located within the	5746
boundaries of the proposed incentive district that is the subject	5747
of the proposed resolution.	5748

(3)(a) A resolution adopted under division (C)(1) of this	5749
section shall specify the life of the incentive district and the	5750
percentage of the improvements to be exempted, shall designate the	5751
public infrastructure improvements made, to be made, or in the	5752
process of being made, that benefit or serve, or, once made, will	5753
benefit or serve parcels in the district. The resolution also	5754
shall identify one or more specific projects being, or to be,	5755
undertaken in the district that place additional demand on the	5756
public infrastructure improvements designated in the resolution.	5757
The project identified may, but need not be, the project under	5758
division (C)(3)(b) of this section that places real property in	5759
use for commercial or industrial purposes.	5760

A resolution adopted under division (C)(1) of this section on	5761
or after March 30, 2006, shall not designate police or fire	5762
equipment as public infrastructure improvements, and no service	5763
payment provided for in section 5709.74 of the Revised Code and	5764
received by the township under the resolution shall be used for	5765
police or fire equipment.	5766

(b) A resolution adopted under division (C)(1) of this	5767
section may authorize the use of service payments provided for in	5768
section 5709.74 of the Revised Code for the purpose of housing	5769
renovations within the incentive district, provided that the	5770
resolution also designates public infrastructure improvements that	5771
benefit or serve the district, and that a project within the	5772
district places real property in use for commercial or industrial	5773
purposes. Service payments may be used to finance or support	5774
loans, deferred loans, and grants to persons for the purpose of	5775
housing renovations within the district. The resolution shall	5776
designate the parcels within the district that are eligible for	5777
housing renovations. The resolution shall state separately the	5778
amount or the percentages of the expected aggregate service	5779
payments that are designated for each public infrastructure	5780
improvement and for the purpose of housing renovations.	5781

(4) Except with the approval of the board of education of	5782
each city, local, or exempted village school district within the	5783
territory of which the incentive district is or will be located,	5784
and subject to division (E) of this section, the life of an	5785
incentive district shall not exceed ten years, and the percentage	5786
of improvements to be exempted shall not exceed seventy-five per	5787
cent. With approval of the board of education, the life of a	5788
district may be not more than thirty years, and the percentage of	5789
improvements to be exempted may be not more than one hundred per	5790
cent. The approval of a board of education shall be obtained in	5791
the manner provided in division (D) of this section.	5792

(D) Improvements with respect to a parcel may be exempted	5793
from taxation under division (B) of this section, and improvements	5794
to parcels within an incentive district may be exempted from	5795
taxation under division (C) of this section, for up to ten years	5796
or, with the approval of the board of education of the city,	5797
local, or exempted village school district within which the parcel	5798
or district is located, for up to thirty years. The percentage of	5799
the improvements exempted from taxation may, with such approval,	5800
exceed seventy-five per cent, but shall not exceed one hundred per	5801
cent. Not later than forty-five business days prior to adopting a	5802
resolution under this section declaring improvements to be a	5803
public purpose that is subject to approval by a board of education	5804
under this division, the board of township trustees shall deliver	5805
to the board of education a notice stating its intent to adopt a	5806
resolution making that declaration. The notice regarding	5807
improvements with respect to a parcel under division (B) of this	5808
section shall identify the parcels for which improvements are to	5809
be exempted from taxation, provide an estimate of the true value	5810
in money of the improvements, specify the period for which the	5811
improvements would be exempted from taxation and the percentage of	5812
the improvements that would be exempted, and indicate the date on	5813
which the board of township trustees intends to adopt the	5814
resolution. The notice regarding improvements made under division	5815
(C) of this section to parcels within an incentive district shall	5816
delineate the boundaries of the district, specifically identify	5817
each parcel within the district, identify each anticipated	5818
improvement in the district, provide an estimate of the true value	5819
in money of each such improvement, specify the life of the	5820
district and the percentage of improvements that would be	5821
exempted, and indicate the date on which the board of township	5822
trustees intends to adopt the resolution. The board of education,	5823
by resolution adopted by a majority of the board, may approve the	5824
exemption for the period or for the exemption percentage specified	5825
in the notice; may disapprove the exemption for the number of	5826
years in excess of ten, may disapprove the exemption for the	5827
percentage of the improvements to be exempted in excess of	5828
seventy-five per cent, or both; or may approve the exemption on	5829
the condition that the board of township trustees and the board of	5830
education negotiate an agreement providing for compensation to the	5831
school district equal in value to a percentage of the amount of	5832
taxes exempted in the eleventh and subsequent years of the	5833
exemption period or, in the case of exemption percentages in	5834
excess of seventy-five per cent, compensation equal in value to a	5835
percentage of the taxes that would be payable on the portion of	5836
the improvements in excess of seventy-five per cent were that	5837
portion to be subject to taxation, or other mutually agreeable	5838
compensation.	5839

The board of education shall certify its resolution to the	5840
board of township trustees not later than fourteen days prior to	5841
the date the board of township trustees intends to adopt the	5842
resolution as indicated in the notice. If the board of education	5843
and the board of township trustees negotiate a mutually acceptable	5844
compensation agreement, the resolution may declare the	5845
improvements a public purpose for the number of years specified in	5846
the resolution or, in the case of exemption percentages in excess	5847
of seventy-five per cent, for the exemption percentage specified	5848
in the resolution. In either case, if the board of education and	5849
the board of township trustees fail to negotiate a mutually	5850
acceptable compensation agreement, the resolution may declare the	5851
improvements a public purpose for not more than ten years, and	5852
shall not exempt more than seventy-five per cent of the	5853
improvements from taxation. If the board of education fails to	5854
certify a resolution to the board of township trustees within the	5855
time prescribed by this section, the board of township trustees	5856
thereupon may adopt the resolution and may declare the	5857
improvements a public purpose for up to thirty years or, in the	5858
case of exemption percentages proposed in excess of seventy-five	5859
per cent, for the exemption percentage specified in the	5860
resolution. The board of township trustees may adopt the	5861
resolution at any time after the board of education certifies its	5862
resolution approving the exemption to the board of township	5863
trustees, or, if the board of education approves the exemption on	5864
the condition that a mutually acceptable compensation agreement be	5865
negotiated, at any time after the compensation agreement is agreed	5866
to by the board of education and the board of township trustees.	5867
If a mutually acceptable compensation agreement is negotiated	5868
between the board of township trustees and the board of education,	5869
including agreements for payments in lieu of taxes under section	5870
5709.74 of the Revised Code, the board of township trustees shall	5871
compensate the joint vocational school district within which the	5872
parcel or district is located at the same rate and under the same	5873
terms received by the city, local, or exempted village school	5874
district.	5875

If a board of education has adopted a resolution waiving its	5876
right to approve exemptions from taxation under this section and	5877
the resolution remains in effect, approval of such exemptions by	5878
the board of education is not required under division (D) of this	5879
section. If a board of education has adopted a resolution allowing	5880
a board of township trustees to deliver the notice required under	5881
division (D) of this section fewer than forty-five business days	5882
prior to adoption of the resolution by the board of township	5883
trustees, the board of township trustees shall deliver the notice	5884
to the board of education not later than the number of days prior	5885
to the adoption as prescribed by the board of education in its	5886
resolution. If a board of education adopts a resolution waiving	5887
its right to approve exemptions or shortening the notification	5888
period, the board of education shall certify a copy of the	5889
resolution to the board of township trustees. If the board of	5890
education rescinds the resolution, it shall certify notice of the	5891
rescission to the board of township trustees.	5892

If the board of township trustees is not required by division	5893
(D) of this section to notify the board of education of the board	5894
of township trustees' intent to declare improvements to be a	5895
public purpose, the board of township trustees shall comply with	5896
the notice requirements imposed under section 5709.83 of the	5897
Revised Code before taking formal action to adopt the resolution	5898
making that declaration, unless the board of education has adopted	5899
a resolution under that section waiving its right to receive the	5900
notice.	5901

(E)(1) If a proposed resolution under division (C)(1) of this	5902
section exempts improvements with respect to a parcel within an	5903
incentive district for more than ten years, or the percentage of	5904
the improvement exempted from taxation exceeds seventy-five per	5905
cent, not later than forty-five business days prior to adopting	5906
the resolution the board of township trustees shall deliver to the	5907
board of county commissioners of the county within which the	5908
incentive district is or will be located a notice that states its	5909
intent to adopt a resolution creating an incentive district. The	5910
notice shall include a copy of the proposed resolution, identify	5911
the parcels for which improvements are to be exempted from	5912
taxation, provide an estimate of the true value in money of the	5913
improvements, specify the period of time for which the	5914
improvements would be exempted from taxation, specify the	5915
percentage of the improvements that would be exempted from	5916
taxation, and indicate the date on which the board of township	5917
trustees intends to adopt the resolution.	5918

(2) The board of county commissioners, by resolution adopted	5919
by a majority of the board, may object to the exemption for the	5920
number of years in excess of ten, may object to the exemption for	5921
the percentage of the improvement to be exempted in excess of	5922
seventy-five per cent, or both. If the board of county	5923
commissioners objects, the board may negotiate a mutually	5924
acceptable compensation agreement with the board of township	5925
trustees. In no case shall the compensation provided to the board	5926
of county commissioners exceed the property taxes foregone due to	5927
the exemption. If the board of county commissioners objects, and	5928
the board of county commissioners and board of township trustees	5929
fail to negotiate a mutually acceptable compensation agreement,	5930
the resolution adopted under division (C)(1) of this section shall	5931
provide to the board of county commissioners compensation in the	5932
eleventh and subsequent years of the exemption period equal in	5933
value to not more than fifty per cent of the taxes that would be	5934
payable to the county or, if the board of county commissioner's	5935
objection includes an objection to an exemption percentage in	5936
excess of seventy-five per cent, compensation equal in value to	5937
not more than fifty per cent of the taxes that would be payable to	5938
the county, on the portion of the improvement in excess of	5939
seventy-five per cent, were that portion to be subject to	5940
taxation. The board of county commissioners shall certify its	5941
resolution to the board of township trustees not later than thirty	5942
days after receipt of the notice.	5943

(3) If the board of county commissioners does not object or	5944
fails to certify its resolution objecting to an exemption within	5945
thirty days after receipt of the notice, the board of township	5946
trustees may adopt its resolution, and no compensation shall be	5947
provided to the board of county commissioners. If the board of	5948
county commissioners timely certifies its resolution objecting to	5949
the trustees' resolution, the board of township trustees may adopt	5950
its resolution at any time after a mutually acceptable	5951
compensation agreement is agreed to by the board of county	5952
commissioners and the board of township trustees, or, if no	5953
compensation agreement is negotiated, at any time after the board	5954
of township trustees agrees in the proposed resolution to provide	5955
compensation to the board of county commissioners of fifty per	5956
cent of the taxes that would be payable to the county in the	5957
eleventh and subsequent years of the exemption period or on the	5958
portion of the improvement in excess of seventy-five per cent,	5959
were that portion to be subject to taxation.	5960

(F) Service payments in lieu of taxes that are attributable	5961
to any amount by which the effective tax rate of either a renewal	5962
levy with an increase or a replacement levy exceeds the effective	5963
tax rate of the levy renewed or replaced, or that are attributable	5964
to an additional levy, for a levy authorized by the voters for any	5965
of the following purposes on or after January 1, 2006, and which	5966
are provided pursuant to a resolution creating an incentive	5967
district under division (C)(1) of this section that is adopted on	5968
or after January 1, 2006, shall be distributed to the appropriate	5969
taxing authority as required under division (C) of section 5709.74	5970
of the Revised Code in an amount equal to the amount of taxes from	5971
that additional levy or from the increase in the effective tax	5972
rate of such renewal or replacement levy that would have been	5973
payable to that taxing authority from the following levies were it	5974
not for the exemption authorized under division (C) of this	5975
section:	5976

(1) A tax levied under division (L) of section 5705.19 or	5977
section 5705.191 of the Revised Code for community mental	5978
retardation and developmental disabilities programs and services	5979
pursuant to Chapter 5126. of the Revised Code;	5980

(2) A tax levied under division (Y) of section 5705.19 of the	5981
Revised Code for providing or maintaining senior citizens services	5982
or facilities;	5983

(3) A tax levied under section 5705.22 of the Revised Code	5984
for county hospitals;	5985

(4) A tax levied by a joint-county district or by a county	5986
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	5987
for alcohol, drug addiction, and mental health services or	5988
families;	5989

(5) A tax levied under section 5705.23 of the Revised Code	5990
for library purposes;	5991

(6) A tax levied under section 5705.24 of the Revised Code	5992
for the support of children services and the placement and care of	5993
children;	5994

(7) A tax levied under division (Z) of section 5705.19 of the	5995
Revised Code for the provision and maintenance of zoological park	5996
services and facilities under section 307.76 of the Revised Code;	5997

(8) A tax levied under section 511.27 or division (H) of	5998
section 5705.19 of the Revised Code for the support of township	5999
park districts;	6000

(9) A tax levied under division (A), (F), or (H) of section	6001
5705.19 of the Revised Code for parks and recreational purposes of	6002
a joint recreation district organized pursuant to division (B) of	6003
section 755.14 of the Revised Code;	6004

(10) A tax levied under section 1545.20 or 1545.21 of the	6005
Revised Code for park district purposes;	6006

(11) A tax levied under section 5705.191 of the Revised Code	6007
for the purpose of making appropriations for public assistance;	6008
human or social services; public relief; public welfare; public	6009
health and hospitalization; and support of general hospitals;	6010

(12) A tax levied under section 3709.29 of the Revised Code	6011
for a general health district program.	6012

(G) An exemption from taxation granted under this section	6013
commences with the tax year specified in the resolution so long as	6014
the year specified in the resolution commences after the effective	6015
date of the resolution. If the resolution specifies a year	6016
commencing before the effective date of the resolution or	6017
specifies no year whatsoever, the exemption commences with the tax	6018
year in which an exempted improvement first appears on the tax	6019
list and duplicate of real and public utility property and that	6020
commences after the effective date of the resolution. Except as	6021
otherwise provided in this division, the exemption ends on the	6022
date specified in the resolution as the date the improvement	6023
ceases to be a public purpose or the incentive district expires,	6024
or ends on the date on which the public infrastructure	6025
improvements and housing renovations are paid in full from the	6026
township public improvement tax increment equivalent fund	6027
established under section 5709.75 of the Revised Code, whichever	6028
occurs first. The exemption of an improvement with respect to a	6029
parcel or within an incentive district may end on a later date, as	6030
specified in the resolution, if the board of township trustees and	6031
the board of education of the city, local, or exempted village	6032
school district within which the parcel or district is located	6033
have entered into a compensation agreement under section 5709.82	6034
of the Revised Code with respect to the improvement and the board	6035
of education has approved the term of the exemption under division	6036
(D) of this section, but in no case shall the improvement be	6037
exempted from taxation for more than thirty years. The board of	6038
township trustees may, by majority vote, adopt a resolution	6039
permitting the township to enter into such agreements as the board	6040
finds necessary or appropriate to provide for the construction or	6041
undertaking of public infrastructure improvements and housing	6042
renovations. Any exemption shall be claimed and allowed in the	6043
same or a similar manner as in the case of other real property	6044
exemptions. If an exemption status changes during a tax year, the	6045
procedure for the apportionment of the taxes for that year is the	6046
same as in the case of other changes in tax exemption status	6047
during the year.	6048

(H) The board of township trustees may issue the notes of the	6049
township to finance all costs pertaining to the construction or	6050
undertaking of public infrastructure improvements and housing	6051
renovations made pursuant to this section. The notes shall be	6052
signed by the board and attested by the signature of the township	6053
fiscal officer, shall bear interest not to exceed the rate	6054
provided in section 9.95 of the Revised Code, and are not subject	6055
to Chapter 133. of the Revised Code. The resolution authorizing	6056
the issuance of the notes shall pledge the funds of the township	6057
public improvement tax increment equivalent fund established	6058
pursuant to section 5709.75 of the Revised Code to pay the	6059
interest on and principal of the notes. The notes, which may	6060
contain a clause permitting prepayment at the option of the board,	6061
shall be offered for sale on the open market or given to the	6062
vendor or contractor if no sale is made.	6063

(I) The township, not later than fifteen days after the	6064
adoption of a resolution under this section, shall submit to the	6065
director of development a copy of the resolution. On or before the	6066
thirty-first day of March of each year, the township shall submit	6067
a status report to the director of development. The report shall	6068
indicate, in the manner prescribed by the director, the progress	6069
of the project during each year that the exemption remains in	6070
effect, including a summary of the receipts from service payments	6071
in lieu of taxes; expenditures of money from the fund created	6072
under section 5709.75 of the Revised Code; a description of the	6073
public infrastructure improvements and housing renovations	6074
financed with the expenditures; and a quantitative summary of	6075
changes in private investment resulting from each project.	6076

(J) Nothing in this section shall be construed to prohibit a	6077
board of township trustees from declaring to be a public purpose	6078
improvements with respect to more than one parcel.	6079

(K) A board of township trustees that adopted a resolution	6080
under this section prior to July 21, 1994, may amend that	6081
resolution to include any additional public infrastructure	6082
improvement. A board of township trustees that seeks by the	6083
amendment to utilize money from its township public improvement	6084
tax increment equivalent fund for land acquisition in aid of	6085
industry, commerce, distribution, or research, demolition on	6086
private property, or stormwater and flood remediation projects may	6087
do so provided that the board currently is a party to a	6088
hold-harmless agreement with the board of education of the city,	6089
local, or exempted village school district within the territory of	6090
which are located the parcels that are subject to an exemption.	6091
For the purposes of this division, a "hold-harmless agreement"	6092
means an agreement under which the board of township trustees	6093
agrees to compensate the school district for one hundred per cent	6094
of the tax revenue that the school district would have received	6095
from further improvements to parcels designated in the resolution	6096
were it not for the exemption granted by the resolution.	6097

Sec. 5709.77.  As used in sections 5709.77 to 5709.81 of the	6098
Revised Code:	6099

(A) "Business day" means a day of the week excluding	6100
Saturday, Sunday, and a legal holiday as defined in section 1.14	6101
of the Revised Code.	6102

(B) "Fund" means to provide for the payment of the debt	6103
service on and the expenses relating to an outstanding obligation	6104
of the county.	6105

(C) "Housing renovation" means a project carried out for	6106
residential purposes.	6107

(D) "Improvement" means the increase in the assessed value of	6108
real property that would first appear on the tax list and	6109
duplicate of real and public utility property after the effective	6110
date of a resolution adopted under section 5709.78 of the Revised	6111
Code were it not for the exemption granted by that resolution. For	6112
purposes of division (A) of section 5709.78 of the Revised Code,	6113
"improvement" does not include any property used or to be used for	6114
residential purposes. For this purpose, "property that is used or	6115
to be used for residential purposes" means property that, as	6116
improved, is used or to be used for purposes that would cause the	6117
tax commissioner to classify the property as residential property	6118
in accordance with rules adopted by the commissioner under section	6119
5713.041 of the Revised Code.	6120

(E) "Incentive district" has the same meaning as in section	6121
5709.40 of the Revised Code, except that a blighted area is in the	6122
unincorporated territory of a county.	6123

(F) "Refund" means to fund and retire an outstanding	6124
obligation of the county.	6125

(G) "Project" and "public infrastructure improvement" have	6126
the same meanings as in section 5709.40 of the Revised Code.	6127

Sec. 5713.041.  Each separate parcel of real property shall	6128
be classified by the county auditor according to its principal,	6129
current use. Vacant lots and tracts of land upon which there are	6130
no structures or improvements shall be classified in accordance	6131
with their location and their highest and best probable legal use.	6132
In the case of lands containing or producing minerals, the	6133
minerals or any rights to the minerals that are listed and taxed	6134
separately from such lands shall be separately classified if the	6135
lands are also used for agricultural purposes, whether or not the	6136
fee of the soil and the right to the minerals are owned by and	6137
assessed for taxation against the same person. For purposes of	6138
this section, lands and improvements thereon used for residential	6139
or agricultural purposes shall be classified as	6140
residential/agricultural real property, and all other lands and	6141
improvements thereon and minerals or rights to minerals shall be	6142
classified as nonresidential/agricultural real property. Each year	6143
the auditor shall reclassify each parcel of real property whose	6144
principal, current use has changed from the preceding year to a	6145
use appropriate to classification in the other class. TheExcept	6146
as otherwise provided in division (B) of section 5709.40, division	6147
(B) of section 5709.41, division (A)(2) of section 5709.73, or	6148
division (D) of section 5709.77 of the Revised Code, the	6149
classification required by this section is solely for the purpose	6150
of making the reductions in taxes required by section 319.301 of	6151
the Revised Code, and this section shall not apply for purposes of	6152
classifying real property for any other purpose authorized or	6153
required by law or by rule of the tax commissioner.	6154

The commissioner shall adopt rules governing the	6155
classification of property under this section, and no property	6156
shall be so classified except in accordance with such rules.	6157

Sec. 5715.13.  (A) Except as provided in division (B) of this	6158
section, the county board of revision shall not decrease any	6159
valuation unless a party affected thereby or who is authorized to	6160
file a complaint under section 5715.19 of the Revised Code makes	6161
and files with the board a written application therefor, verified	6162
by oath and signature, showing the facts upon which it is claimed	6163
such decrease should be made.	6164

(B) The county board of revision may authorize a policy for	6165
the filing of an electronic complaint under section 5715.19 of the	6166
Revised Code and the filing of an electronic application therefor	6167
under this section, subject to the approval of the tax	6168
commissioner. An electronic complaint need not be sworn to, but	6169
shall contain an electronic verification and shall be subscribed	6170
to by the person filing the complaint: "I declare under penalties	6171
of perjury that this complaint has been examined by me and to the	6172
best of my knowledge and belief is true, correct, and complete.	6173

Sec. 5715.19.  (A) As used in this section, "member" has the	6174
same meaning as in section 1705.01 of the Revised Code.	6175

(1) Subject to division (A)(2) of this section, a complaint	6176
against any of the following determinations for the current tax	6177
year shall be filed with the county auditor on or before the	6178
thirty-first day of March of the ensuing tax year or the date of	6179
closing of the collection for the first half of real and public	6180
utility property taxes for the current tax year, whichever is	6181
later:	6182

(a) Any classification made under section 5713.041 of the	6183
Revised Code;	6184

(b) Any determination made under section 5713.32 or 5713.35	6185
of the Revised Code;	6186

(c) Any recoupment charge levied under section 5713.35 of the	6187
Revised Code;	6188

(d) The determination of the total valuation or assessment of	6189
any parcel that appears on the tax list, except parcels assessed	6190
by the tax commissioner pursuant to section 5727.06 of the Revised	6191
Code;	6192

(e) The determination of the total valuation of any parcel	6193
that appears on the agricultural land tax list, except parcels	6194
assessed by the tax commissioner pursuant to section 5727.06 of	6195
the Revised Code;	6196

(f) Any determination made under division (A) of section	6197
319.302 of the Revised Code.	6198

If such a complaint is filed by mail or certified mail, the	6199
date of the United States postmark placed on the envelope or	6200
sender's receipt by the postal service shall be treated as the	6201
date of filing. A private meter postmark on an envelope is not a	6202
valid postmark for purposes of establishing the filing date.	6203

Any person owning taxable real property in the county or in a	6204
taxing district with territory in the county; such a person's	6205
spouse; an individual who is retained by such a person and who	6206
holds a designation from a professional assessment organization,	6207
such as the institute for professionals in taxation, the national	6208
council of property taxation, or the international association of	6209
assessing officers; a public accountant who holds a permit under	6210
section 4701.10 of the Revised Code, a general or residential real	6211
estate appraiser licensed or certified under Chapter 4763. of the	6212
Revised Code, or a real estate broker licensed under Chapter 4735.	6213
of the Revised Code, who is retained by such a person; if the	6214
person is a firm, company, association, partnership, limited	6215
liability company, or corporation, an officer, a salaried	6216
employee, a partner, or a member of that person; if the person is	6217
a trust, a trustee of the trust; the board of county	6218
commissioners; the prosecuting attorney or treasurer of the	6219
county; the board of township trustees of any township with	6220
territory within the county; the board of education of any school	6221
district with any territory in the county; or the mayor or	6222
legislative authority of any municipal corporation with any	6223
territory in the county may file such a complaint regarding any	6224
such determination affecting any real property in the county,	6225
except that a person owning taxable real property in another	6226
county may file such a complaint only with regard to any such	6227
determination affecting real property in the county that is	6228
located in the same taxing district as that person's real property	6229
is located. The county auditor shall present to the county board	6230
of revision all complaints filed with the auditor.	6231

(2) As used in division (A)(2) of this section, "interim	6232
period" means, for each county, the tax year to which section	6233
5715.24 of the Revised Code applies and each subsequent tax year	6234
until the tax year in which that section applies again.	6235

No person, board, or officer shall file a complaint against	6236
the valuation or assessment of any parcel that appears on the tax	6237
list if it filed a complaint against the valuation or assessment	6238
of that parcel for any prior tax year in the same interim period,	6239
unless the person, board, or officer alleges that the valuation or	6240
assessment should be changed due to one or more of the following	6241
circumstances that occurred after the tax lien date for the tax	6242
year for which the prior complaint was filed and that the	6243
circumstances were not taken into consideration with respect to	6244
the prior complaint:	6245

(a) The property was sold in an arm's length transaction, as	6246
described in section 5713.03 of the Revised Code;	6247

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

6248

(c) Substantial improvement was added to the property;

6249

(d) An increase or decrease of at least fifteen per cent in	6250
the property's occupancy has had a substantial economic impact on	6251
the property.	6252

(3) If a county board of revision, the board of tax appeals,	6253
or any court dismisses a complaint filed under this section or	6254
section 5715.13 of the Revised Code for the reason that the act of	6255
filing the complaint was the unauthorized practice of law or the	6256
person filing the complaint was engaged in the unauthorized	6257
practice of law, the party affected by a decrease in valuation or	6258
the party's agent, or the person owning taxable real property in	6259
the county or in a taxing district with territory in the county,	6260
may refile the complaint, notwithstanding division (A)(2) of this	6261
section.	6262

(4) Notwithstanding division (A)(2) of this section, a	6263
person, board, or officer may file a complaint against the	6264
valuation or assessment of any parcel that appears on the tax list	6265
if it filed a complaint against the valuation or assessment of	6266
that parcel for any prior tax year in the same interim period if	6267
the person, board, or officer withdrew the complaint before the	6268
complaint was heard by the board.	6269

(B) Within thirty days after the last date such complaints	6270
may be filed, the auditor shall give notice of each complaint in	6271
which the stated amount of overvaluation, undervaluation,	6272
discriminatory valuation, illegal valuation, or incorrect	6273
determination is at least seventeen thousand five hundred dollars	6274
to each property owner whose property is the subject of the	6275
complaint, if the complaint was not filed by the owner or the	6276
owner's spouse, and to each board of education whose school	6277
district may be affected by the complaint. Within thirty days	6278
after receiving such notice, a board of education; a property	6279
owner; the owner's spouse; an individual who is retained by such	6280
an owner and who holds a designation from a professional	6281
assessment organization, such as the institute for professionals	6282
in taxation, the national council of property taxation, or the	6283
international association of assessing officers; a public	6284
accountant who holds a permit under section 4701.10 of the Revised	6285
Code, a general or residential real estate appraiser licensed or	6286
certified under Chapter 4763. of the Revised Code, or a real	6287
estate broker licensed under Chapter 4735. of the Revised Code,	6288
who is retained by such a person; or, if the property owner is a	6289
firm, company, association, partnership, limited liability	6290
company, corporation, or trust, an officer, a salaried employee, a	6291
partner, a member, or trustee of that property owner, may file a	6292
complaint in support of or objecting to the amount of alleged	6293
overvaluation, undervaluation, discriminatory valuation, illegal	6294
valuation, or incorrect determination stated in a previously filed	6295
complaint or objecting to the current valuation. Upon the filing	6296
of a complaint under this division, the board of education or the	6297
property owner shall be made a party to the action.	6298

(C) Each board of revision shall notify any complainant and	6299
also the property owner, if the property owner's address is known,	6300
when a complaint is filed by one other than the property owner, by	6301
certified mail, not less than ten days prior to the hearing, of	6302
the time and place the same will be heard. The board of revision	6303
shall hear and render its decision on a complaint within ninety	6304
days after the filing thereof with the board, except that if a	6305
complaint is filed within thirty days after receiving notice from	6306
the auditor as provided in division (B) of this section, the board	6307
shall hear and render its decision within ninety days after such	6308
filing.	6309

(D) The determination of any such complaint shall relate back	6310
to the date when the lien for taxes or recoupment charges for the	6311
current year attached or the date as of which liability for such	6312
year was determined. Liability for taxes and recoupment charges	6313
for such year and each succeeding year until the complaint is	6314
finally determined and for any penalty and interest for nonpayment	6315
thereof within the time required by law shall be based upon the	6316
determination, valuation, or assessment as finally determined.	6317
Each complaint shall state the amount of overvaluation,	6318
undervaluation, discriminatory valuation, illegal valuation, or	6319
incorrect classification or determination upon which the complaint	6320
is based. The treasurer shall accept any amount tendered as taxes	6321
or recoupment charge upon property concerning which a complaint is	6322
then pending, computed upon the claimed valuation as set forth in	6323
the complaint. If a complaint filed under this section for the	6324
current year is not determined by the board within the time	6325
prescribed for such determination, the complaint and any	6326
proceedings in relation thereto shall be continued by the board as	6327
a valid complaint for any ensuing year until such complaint is	6328
finally determined by the board or upon any appeal from a decision	6329
of the board. In such case, the original complaint shall continue	6330
in effect without further filing by the original taxpayer, the	6331
original taxpayer's assignee, or any other person or entity	6332
authorized to file a complaint under this section.	6333

(E) If a taxpayer files a complaint as to the classification,	6334
valuation, assessment, or any determination affecting the	6335
taxpayer's own property and tenders less than the full amount of	6336
taxes or recoupment charges as finally determined, an interest	6337
charge shall accrue as follows:	6338

(1) If the amount finally determined is less than the amount	6339
billed but more than the amount tendered, the taxpayer shall pay	6340
interest at the rate per annum prescribed by section 5703.47 of	6341
the Revised Code, computed from the date that the taxes were due	6342
on the difference between the amount finally determined and the	6343
amount tendered. This interest charge shall be in lieu of any	6344
penalty or interest charge under section 323.121 of the Revised	6345
Code unless the taxpayer failed to file a complaint and tender an	6346
amount as taxes or recoupment charges within the time required by	6347
this section, in which case section 323.121 of the Revised Code	6348
applies.	6349

(2) If the amount of taxes finally determined is equal to or	6350
greater than the amount billed and more than the amount tendered,	6351
the taxpayer shall pay interest at the rate prescribed by section	6352
5703.47 of the Revised Code from the date the taxes were due on	6353
the difference between the amount finally determined and the	6354
amount tendered, such interest to be in lieu of any interest	6355
charge but in addition to any penalty prescribed by section	6356
323.121 of the Revised Code.	6357

(F) Upon request of a complainant, the tax commissioner shall	6358
determine the common level of assessment of real property in the	6359
county for the year stated in the request that is not valued under	6360
section 5713.31 of the Revised Code, which common level of	6361
assessment shall be expressed as a percentage of true value and	6362
the common level of assessment of lands valued under such section,	6363
which common level of assessment shall also be expressed as a	6364
percentage of the current agricultural use value of such lands.	6365
Such determination shall be made on the basis of the most recent	6366
available sales ratio studies of the commissioner and such other	6367
factual data as the commissioner deems pertinent.	6368

(G) A complainant shall provide to the board of revision all	6369
information or evidence within the complainant's knowledge or	6370
possession that affects the real property that is the subject of	6371
the complaint. A complainant who fails to provide such information	6372
or evidence is precluded from introducing it on appeal to the	6373
board of tax appeals or the court of common pleas, except that the	6374
board of tax appeals or court may admit and consider the evidence	6375
if the complainant shows good cause for the complainant's failure	6376
to provide the information or evidence to the board of revision.	6377

(H) In case of the pendency of any proceeding in court based	6378
upon an alleged excessive, discriminatory, or illegal valuation or	6379
incorrect classification or determination, the taxpayer may tender	6380
to the treasurer an amount as taxes upon property computed upon	6381
the claimed valuation as set forth in the complaint to the court.	6382
The treasurer may accept the tender. If the tender is not	6383
accepted, no penalty shall be assessed because of the nonpayment	6384
of the full taxes assessed.	6385

Sec. 6115.20.  (A) When it is determined to let the work	6386
relating to the improvements for which a sanitary district was	6387
established by contract, contracts in amounts to exceed tenfifty	6388
thousand dollars shall be advertised after notice calling for bids	6389
has been published once a week for five consecutive weeks	6390
completed on the date of last publication or as provided in	6391
section 7.16 of the Revised Code, in a newspaper of general	6392
circulation within the sanitary district where the work is to be	6393
done. The board of directors of the sanitary district shall let	6394
bids as provided in this section or, if applicable, section 9.312	6395
of the Revised Code. If the bids are for a contract for the	6396
construction, demolition, alteration, repair, or reconstruction of	6397
an improvement, the board of directors of the sanitary district	6398
shall let the contract to the lowest or best bidder who meets the	6399
requirements of section 153.54 of the Revised Code. If the bids	6400
are for a contract for any other work relating to the improvements	6401
for which a sanitary district was established, the board of	6402
directors of the sanitary district shall let the contract to the	6403
lowest or best bidder who gives a good and approved bond, with	6404
ample security, conditioned on the carrying out of the contract	6405
and the payment for all labor and material. The contract shall be	6406
in writing and shall be accompanied by or shall refer to plans and	6407
specifications for the work to be done prepared by the chief	6408
engineer. The plans and specifications at all times shall be made	6409
and considered a part of the contract. The contract shall be	6410
approved by the board and signed by the president of the board and	6411
by the contractor and shall be executed in duplicate. In case of	6412
emergency the advertising of contracts may be waived upon the	6413
consent of the board with the approval of the court or judge in	6414
vacation.	6415

(B) In the case of a sanitary district organized wholly for	6416
the purpose of providing a water supply for domestic, municipal,	6417
and public use that includes two municipal corporations in two	6418
counties, any service to be purchased, including the services of	6419
an accountant, architect, attorney at law, physician, or	6420
professional engineer, at a cost in excess of tenfifty thousand	6421
dollars shall be obtained in the manner provided in sections	6422
153.65 to 153.73 of the Revised Code. For the purposes of the	6423
application of those sections to division (B) of this section, all	6424
of the following apply:	6425

(1) "Public authority," as used in those sections, shall be	6426
deemed to mean a sanitary district organized wholly for the	6427
purpose of providing a water supply for domestic, municipal, and	6428
public use that includes two municipal corporations in two	6429
counties;	6430

(2) "Professional design firm," as used in those sections,	6431
shall be deemed to mean any person legally engaged in rendering	6432
professional design services as defined in division (B)(3) of this	6433
section;	6434

(3) "Professional design services," as used in those	6435
sections, shall be deemed to mean accounting, architectural,	6436
legal, medical, or professional engineering services;	6437

(4) The use of other terms in those sections shall be adapted	6438
accordingly, including, without limitation, for the purposes of	6439
division (D) of section 153.67 of the Revised Code;	6440

(5) Divisions (A) to (C) of section 153.71 of the Revised	6441
Code do not apply.	6442

(C) The board of directors of a district organized wholly for	6443
the purpose of providing a water supply for domestic, municipal,	6444
and public use may contract for, purchase, or otherwise procure	6445
for the benefit of employees of the district and pay all or any	6446
part of the cost of group insurance policies that may provide	6447
benefits, including, but not limited to, hospitalization, surgical	6448
care, major medical care, disability, dental care, vision care,	6449
medical care, hearing aids, or prescription drugs. Any group	6450
insurance policy purchased under this division shall be purchased	6451
from the health care corporation that the board of directors	6452
determines offers the most cost-effective group insurance policy.	6453

Sec. 6119.02.  (A) Proceedings for the organization of a	6454
regional water and sewer district shall be initiated only by a	6455
petition filed in the office of the clerk of the court of common	6456
pleas of one of the counties all or part of which lies within the	6457
proposed district. The petition shall be signed by one or more	6458
municipal corporations, one or more counties, or one or more	6459
townships, or by any combination of them, after having been	6460
authorized by the legislative authority of the political	6461
subdivision. The legislative authority of any municipal	6462
corporation, the board of county commissioners of any county, and	6463
the board of trustees of any township may act in behalf of any	6464
part of their respective political subdivisions. The petition	6465
shall specify all of the following:	6466

(1) The proposed name of the district;

6467

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

6468

(3) The necessity for the proposed district and that it will	6469
be conducive to the public health, safety, convenience, or	6470
welfare;	6471

(4) A general description of the purpose of the proposed	6472
district;	6473

(5) A general description of the territory to be included in	6474
the district, which need not be given by metes and bounds or by	6475
legal subdivisions, but is sufficient if an accurate description	6476
is given of the territory to be organized as a district. The	6477
territory need not be contiguous, provided that it is so situated	6478
that the public health, safety, convenience, or welfare will be	6479
promoted by the organization as a single district of the territory	6480
described.	6481

(6) The manner of selection, the number, the term, and the	6482
compensation of the members of the governing body of the district,	6483
which shall be called a board of trustees. The petition may set	6484
forth procedures for subsequent changes in the composition of and	6485
other provisions relating to the board of trustees. The original	6486
or properly amended petition may prohibit elected officials from	6487
serving on the board and may permit one or more elected officials	6488
from any appointing authority to serve on the board. However,	6489
elected officials from the same political subdivision shall not	6490
comprise a majority of the members of the board. Notwithstanding	6491
the foregoing, a board appointed prior to the effective date of	6492
this amendment may continue as prescribed in the petition and	6493
rules and regulations of the district that were in effect prior to	6494
the effective date of this amendment, and, if not prohibited in	6495
the petition or rules and regulations, the board may include	6496
elected officials. As used in this division, "elected official"	6497
means an official elected to an office of municipal, township, or	6498
county government, or a person appointed to fill a vacancy in such	6499
an office.	6500

(7) The plan for financing the cost of the operations of the	6501
district until it is in receipt of revenue from its operations or	6502
proceeds from the sale of bonds;	6503

(8) A prayer for the organization of the district by the name	6504
proposed, either before or after a preliminary hearing as provided	6505
in section 6119.04 of the Revised Code.	6506

(B) Prior to filing a petition under division (A) of this	6507
section, a municipal corporation, county, or township shall hold a	6508
public meeting for the purpose of receiving comments on the	6509
proposed establishment of a regional water and sewer district. If	6510
a combination of municipal corporations, counties, or townships	6511
signed the petition, the signers jointly shall hold the public	6512
meeting. At the meeting, a representative of the signer or signers	6513
of the petition shall present a preliminary study of the reasons	6514
for the proposed establishment of the district.	6515

The signer or signers of the petition shall provide written	6516
notice of the public meeting to each elector residing in the	6517
territory ofby publication once per week for two consecutive	6518
weeks in a newspaper of general circulation in each of the	6519
counties that will comprise the proposed district in whole or in	6520
part or as provided in section 7.16 of the Revised Code. Failure	6521
to notify an electordoes not invalidate any proceeding before a	6522
court under thischapter.	6523

(C) Upon the filing of the petition, the judge of the court	6524
of common pleas of the county in which the petition is filed or,	6525
in the case of a county having more than one such judge, a judge	6526
of that court assigned by its presiding judge shall determine if	6527
the petition complies with the requirements of this section as to	6528
form and content. No petition shall be declared void by the judge	6529
on account of alleged defects. The court in subsequent proceedings	6530
at any time may permit the petition to be amended in form and	6531
substance to conform to the facts by correcting any errors in the	6532
description of the territory or in any other particular.	6533

Sec. 6119.10.  The board of trustees of a regional water and	6534
sewer district or any officer or employee designated by the board	6535
may make any contract for the purchase of supplies or material or	6536
for labor for any work, under the supervision of the board, the	6537
cost of which shall not exceed twenty-fivefifty thousand dollars.	6538
When an expenditure, other than for the acquisition of real estate	6539
and interests in real estate, the discharge of noncontractual	6540
claims, personal services, the joint use of facilities or the	6541
exercise of powers with other political subdivisions, or the	6542
product or services of public utilities, exceeds twenty-fivefifty	6543
thousand dollars, the expenditures shall be made only after a	6544
notice calling for bids has been published once per week for two	6545
consecutive weeks in one newspaper of general circulation within	6546
the district or as provided in section 7.16 of the Revised Code.	6547
If the bids are for a contract for the construction, demolition,	6548
alteration, repair, or reconstruction of an improvement, the board	6549
may let the contract to the lowest and best bidder who meets the	6550
requirements of section 153.54 of the Revised Code. If the bids	6551
are for a contract for any other work relating to the improvements	6552
for which a regional water and sewer district was established, the	6553
board of trustees of the regional water and sewer district may let	6554
the contract to the lowest or best bidder who gives a good and	6555
approved bond with ample security conditioned on the carrying out	6556
of the contract. The contract shall be in writing and shall be	6557
accompanied by or shall refer to plans and specifications for the	6558
work to be done, approved by the board. The plans and	6559
specifications shall at all times be made and considered part of	6560
the contract. The contract shall be approved by the board and	6561
signed by its president or other duly authorized officer and by	6562
the contractor. In case of a real and present emergency, the board	6563
of trustees of the district, by two-thirds vote of all members,	6564
may authorize the president or other duly authorized officer to	6565
enter into a contract for work to be done or for the purchase of	6566
supplies or materials without formal bidding or advertising. All	6567
contracts shall have attached the certificate required by section	6568
5705.41 of the Revised Code duly executed by the secretary of the	6569
board of trustees of the district. The district may make	6570
improvements by force account or direct labor, provided that, if	6571
the estimated cost of supplies or material for any such	6572
improvement exceeds twenty-fivefifty thousand dollars, bids shall	6573
be received as provided in this section. For the purposes of the	6574
competitive bidding requirements of this section, the board shall	6575
not sever a contract for supplies or materials and labor into	6576
separate contracts for labor, supplies, or materials if the	6577
contracts are in fact a part of a single contract required to be	6578
bid competitively under this section.	6579

Section 2. That existing sections 9.833, 118.023, 118.06,	6580
118.31, 120.08, 120.53, 124.42, 305.171, 307.12, 307.86, 307.861,	6581
307.87, 307.88, 307.932, 308.13, 329.40, 505.60, 505.601, 505.603,	6582
511.23, 703.21, 731.141, 735.05, 737.03, 749.26, 749.28, 749.31,	6583
753.15, 755.29, 755.30, 1545.07, 1901.01, 1901.02, 1901.03,	6584
1901.07, 1901.08, 1901.31, 1907.11, 2907.27, 2929.26, 3316.04,	6585
3316.06, 3709.08, 3709.28, 3709.36, 3729.05, 4123.41, 5301.68,	6586
5301.69, 5705.392, 5705.41, 5709.40, 5709.41, 5709.73, 5709.77,	6587
and 5713.041, 5715.13, 5715.19, 6115.20, 6119.02, and 6119.10 and	6588
sections 507.07 and 3709.081 of the Revised Code are hereby	6589
repealed.	6590

Section 3. Not later than November 1, 2012, the county	6591
auditor of each county shall furnish to the Auditor of State a	6592
statement showing both of the following:	6593

(A) The formula used in that county for allocating the county	6594
undivided local government fund pursuant to section 5747.53 of the	6595
Revised Code if the fund is allocated by an alternative formula	6596
under that section. If the fund is allocated by the statutory	6597
formula under section 5747.51 of the Revised Code, the statement	6598
shall so indicate.	6599

(B) The dollar amount distributed in 2012 to each subdivision	6600
in that county that received a distribution from the county	6601
undivided local government fund.	6602

Section 4. Notwithstanding any provision of the Revised Code	6603
to the contrary, in 2012, the certification by the Secretary of	6604
State on the seventieth day before the general election of the	6605
forms of the official ballots to be used at that general election	6606
required by division (A) of section 3505.01 of the Revised Code	6607
shall not include the names of the major political party	6608
presidential and vice-presidential candidates.	6609

The major political parties shall certify to the Secretary of	6610
State the names of the candidates for president and vice-president	6611
nominated at their national conventions as soon as possible, but	6612
in no case later than the sixtieth day before the 2012 general	6613
election.	6614

The Secretary of State promptly shall amend the original	6615
certification to the boards of elections of each county of the	6616
forms of the official ballots to be used at that general election,	6617
by adding the names of the major party presidential and	6618
vice-presidential candidates that were not included in the	6619
original certification.	6620

For the purpose of this section, "major political party" has	6621
the same meaning as in section 3501.01 of the Revised Code.	6622

Section 5. Section 4 of this act is hereby declared to be an	6623
emergency measure necessary for the immediate preservation of the	6624
public peace, health, and safety. The reason for such necessity is	6625
that the statutory deadline for political parties to certify	6626
presidential and vice-presidential candidates to the Secretary of	6627
State for placement on the ballot for the November 6, 2012,	6628
general election is prior to the date the national conventions of	6629
the major political parties are scheduled to take place.	6630
Therefore, Section 4 of this act shall go into immediate effect.	6631

Section 6.  The purpose of the amendments by this act of	6632
sections 5709.40, 5709.41, 5709.73, 5709.77, and 5713.041 of the	6633
Revised Code is to clarify the intent of the General Assembly that	6634
the "used for residential purposes" exclusion set forth in	6635
sections 5709.40, 5709.41, 5709.73, and 5709.77 of the Revised	6636
Code, as they existed before the effective date of the amendments,	6637
including predecessor versions of those sections, has been and	6638
continues to be based on the classification of property for the	6639
real property tax purposes set forth in section 5713.041 of the	6640
Revised Code. Therefore, the amendments apply with respect to	6641
ordinances and resolutions adopted under sections 5709.40,	6642
5079.41, 5709.73, and 5709.77 of the Revised Code both before and	6643
after the effective date of the amendments.	6644

Section 7. Sections 1901.01, 1901.03, 1901.08, and 1907.11	6645
are presented in this act as composites of the sections as amended	6646
by both Am. Sub. H.B. 238 and Sub. H.B. 338 of the 128th General	6647
Assembly. The General Assembly, applying the principle stated in	6648
division (B) of section 1.52 of the Revised Code that amendments	6649
are to be harmonized if reasonably capable of simultaneous	6650
operation, finds that the composites are the resulting versions of	6651
the sections in effect prior to the effective date of the sections	6652
as presented in this act.	6653