As Reported by the Senate State and Local Government and Veterans Affairs Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 509

Representative Blair 

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

Senator LaRose 

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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, 308.13, 329.40, 505.60,

3

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

4

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

5

755.30, 1545.07, 2907.27, 3316.04, 3316.06,

6

3709.08, 3709.28, 3709.36, 3729.05, 4123.41,

7

5301.68, 5301.69, 5705.392, 5705.41, 5715.13,

8

5715.19, 6115.20, 6119.02, and 6119.10, to enact

9

sections 125.183, 319.09, and 505.012, and to

10

repeal sections 507.07 and 3709.081 of the Revised

11

Code to make changes to the laws governing local

12

governments, to modify the requirements of

13

arresting authorities and courts regarding

14

venereal disease testing of individuals accused of

15

certain offenses, to modify the manner in which

16

funds are allocated from the Ohio Legal Aid Fund,

17

to modify the deadline for the certification to

18

the ballot of the major political parties'

19

candidates for president and vice-president for

20

the November 6, 2012, general election, and to

21

declare an emergency.

22

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

Section 1. That sections 9.833, 118.023, 118.06, 118.31,	23
120.08, 120.53, 124.42, 305.171, 307.12, 307.86, 307.861, 307.87,	24
307.88, 308.13, 329.40, 505.60, 505.601, 505.603, 511.23, 703.21,	25
731.141, 735.05, 737.03, 749.26, 749.28, 749.31, 753.15, 755.29,	26
755.30, 1545.07, 2907.27, 3316.04, 3316.06, 3709.08, 3709.28,	27
3709.36, 3729.05, 4123.41, 5301.68, 5301.69, 5705.392, 5705.41,	28
5715.13, 5715.19, 6115.20, 6119.02, and 6119.10 be amended and	29
sections 125.183, 319.09, and 505.012 of the Revised Code be	30
enacted to read as follows:	31

Sec. 9.833.  (A) As used in this section, "political	32
subdivision" has the meaning defined in sections 2744.01 and	33
3905.36 of the Revised Code. For purposes of this section,	34
"political subdivision" includes municipal corporations as defined	35
in section 5705.01 of the Revised Code.	36

(B) Political subdivisions that provide health care benefits	37
for their officers or employees may do any of the following:	38

(1) Establish and maintain an individual self-insurance	39
program with public moneys to provide authorized health care	40
benefits, including but not limited to, health care, prescription	41
drugs, dental care, and vision care, in accordance with division	42
(C) of this section;	43

(2) Establish and maintain a health savings account program	44
whereby employees or officers may establish and maintain health	45
savings accounts in accordance with section 223 of the Internal	46
Revenue Code. Public moneys may be used to pay for or fund	47
federally qualified high deductible health plans that are linked	48
to health savings accounts or to make contributions to health	49
savings accounts. A health savings account program may be a part	50
of a self-insurance program.	51

(3) After establishing an individual self-insurance program,	52
agree with other political subdivisions that have established	53
individual self-insurance programs for health care benefits, that	54
their programs will be jointly administered in a manner specified	55
in the agreement;	56

(4) Pursuant to a written agreement and in accordance with	57
division (C) of this section, join in any combination with other	58
political subdivisions to establish and maintain a joint	59
self-insurance program to provide health care benefits;	60

(5) Pursuant to a written agreement, join in any combination	61
with other political subdivisions to procure or contract for	62
policies, contracts, or plans of insurance to provide health care	63
benefits, which may include a health savings account program for	64
their officers and employees subject to the agreement;	65

(6) Use in any combination any of the policies, contracts,	66
plans, or programs authorized under this division.	67

(7) Any agreement made under divisionsdivision (B)(3), (4),	68
(5), or (6) of this section shall be in writing, comply with	69
division (C) of this section, and contain best practices	70
established in consultation with and approved by the department of	71
administrative services. The best practices may be reviewed and	72
amended at the discretion of the political subdivisions in	73
consultation with the department. Detailed information regarding	74
the best practices shall be made available to any employee upon	75
that employee's request.	76

(8) Purchase plans approved by the department of	77
administrative services under section 9.901 of the Revised Code.	78

(C) Except as otherwise provided in division (E) of this	79
section, the following apply to individual or joint self-insurance	80
programs established pursuant to this section:	81

(1) Such funds shall be reserved as are necessary, in the	82
exercise of sound and prudent actuarial judgment, to cover	83
potential cost of health care benefits for the officers and	84
employees of the political subdivision. A certified audited	85
financial statement and a report of amounts so reserved and	86
disbursements made from such funds, together with a written report	87
of a member of the American academy of actuaries certifying	88
whether the amounts reserved conform to the requirements of this	89
division, are computed in accordance with accepted loss reserving	90
standards, and are fairly stated in accordance with sound loss	91
reserving principles, shall be prepared and maintained, within	92
ninety days after the last day of the fiscal year of the entity	93
for which the report is provided for that fiscal year, in the	94
office of the program administrator described in division (C)(3)	95
of this section.	96

The report required by division (C)(1) of this section shall	97
include, but not be limited to, disbursements made for the	98
administration of the program, including claims paid, costs of the	99
legal representation of political subdivisions and employees, and	100
fees paid to consultants.	101

The program administrator described in division (C)(3) of	102
this section shall make the report required by this division	103
available for inspection by any person at all reasonable times	104
during regular business hours, and, upon the request of such	105
person, shall make copies of the report available at cost within a	106
reasonable period of time. The program administrator shall further	107
provide the report to the auditor of state under Chapter 117. of	108
the Revised Code.	109

(2) Each political subdivision shall reserve funds necessary	110
for an individual or joint self-insurance program in a special	111
fund that may be established for political subdivisions other than	112
an agency or instrumentality pursuant to an ordinance or	113
resolution of the political subdivision and not subject to section	114
5705.12 of the Revised Code. An agency or instrumentality shall	115
reserve the funds necessary for an individual or joint	116
self-insurance program in a special fund established pursuant to a	117
resolution duly adopted by the agency's or instrumentality's	118
governing board. The political subdivision may allocate the costs	119
of insurance or any self-insurance program, or both, among the	120
funds or accounts established under this division on the basis of	121
relative exposure and loss experience.	122

(3) A contract may be awarded, without the necessity of	123
competitive bidding, to any person, political subdivision,	124
nonprofit corporation organized under Chapter 1702. of the Revised	125
Code, or regional council of governments created under Chapter	126
167. of the Revised Code for purposes of administration of an	127
individual or joint self-insurance program. No such contract shall	128
be entered into without full, prior, public disclosure of all	129
terms and conditions. The disclosure shall include, at a minimum,	130
a statement listing all representations made in connection with	131
any possible savings and losses resulting from the contract, and	132
potential liability of any political subdivision or employee. The	133
proposed contract and statement shall be disclosed and presented	134
at a meeting of the political subdivision not less than one week	135
prior to the meeting at which the political subdivision authorizes	136
the contract.	137

A contract awarded to a nonprofit corporation or a regional	138
council of governments under this division may provide that all	139
employees of the nonprofit corporation or regional council of	140
governments and, the employees of all entities related to the	141
nonprofit corporation or regional council of governments, and the	142
employees of other nonprofit corporations that have fifty or fewer	143
employees and have been organized for the primary purpose of	144
representing the interests of political subdivisions, may be	145
covered by the individual or joint self-insurance program under	146
the terms and conditions set forth in the contract.	147

(4) The individual or joint self-insurance program shall	148
include a contract with a certified public accountant and a member	149
of the American academy of actuaries for the preparation of the	150
written evaluations required under division (C)(1) of this	151
section.	152

(5) A joint self-insurance program may allocate the costs of	153
funding the program among the funds or accounts established under	154
this division to the participating political subdivisions on the	155
basis of their relative exposure and loss experience.	156

(6) An individual self-insurance program may allocate the	157
costs of funding the program among the funds or accounts	158
established under this division to the political subdivision that	159
established the program.	160

(7) Two or more political subdivisions may also authorize the	161
establishment and maintenance of a joint health care cost	162
containment program, including, but not limited to, the employment	163
of risk managers, health care cost containment specialists, and	164
consultants, for the purpose of preventing and reducing health	165
care costs covered by insurance, individual self-insurance, or	166
joint self-insurance programs.	167

(8) A political subdivision is not liable under a joint	168
self-insurance program for any amount in excess of amounts payable	169
pursuant to the written agreement for the participation of the	170
political subdivision in the joint self-insurance program. Under a	171
joint self-insurance program agreement, a political subdivision	172
may, to the extent permitted under the written agreement, assume	173
the risks of any other political subdivision. A joint	174
self-insurance program established under this section is deemed a	175
separate legal entity for the public purpose of enabling the	176
members of the joint self-insurance program to obtain insurance or	177
to provide for a formalized, jointly administered self-insurance	178
fund for its members. An entity created pursuant to this section	179
is exempt from all state and local taxes.	180

(9) Any political subdivision, other than an agency or	181
instrumentality, may issue general obligation bonds, or special	182
obligation bonds that are not payable from real or personal	183
property taxes, and may also issue notes in anticipation of such	184
bonds, pursuant to an ordinance or resolution of its legislative	185
authority or other governing body for the purpose of providing	186
funds to pay expenses associated with the settlement of claims,	187
whether by way of a reserve or otherwise, and to pay the political	188
subdivision's portion of the cost of establishing and maintaining	189
an individual or joint self-insurance program or to provide for	190
the reserve in the special fund authorized by division (C)(2) of	191
this section.	192

In its ordinance or resolution authorizing bonds or notes	193
under this section, a political subdivision may elect to issue	194
such bonds or notes under the procedures set forth in Chapter 133.	195
of the Revised Code. In the event of such an election,	196
notwithstanding Chapter 133. of the Revised Code, the maturity of	197
the bonds may be for any period authorized in the ordinance or	198
resolution not exceeding twenty years, which period shall be the	199
maximum maturity of the bonds for purposes of section 133.22 of	200
the Revised Code.	201

Bonds and notes issued under this section shall not be	202
considered in calculating the net indebtedness of the political	203
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	204
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	205
hereby made applicable to bonds or notes authorized under this	206
section.	207

(10) A joint self-insurance program is not an insurance	208
company. Its operation does not constitute doing an insurance	209
business and is not subject to the insurance laws of this state.	210

(D) A political subdivision may procure group life insurance	211
for its employees in conjunction with an individual or joint	212
self-insurance program authorized by this section, provided that	213
the policy of group life insurance is not self-insured.	214

(E) This section does not apply to individual self-insurance	215
programs created solely by municipal corporations as defined in	216
section 5705.01 of the Revised Code.	217

(F) A public official or employee of a political subdivision	218
who is or becomes a member of the governing body of the program	219
administrator of a joint self-insurance program in which the	220
political subdivision participates is not in violation of division	221
(D) or (E) of section 102.03, division (C) of section 102.04, or	222
section 2921.42 of the Revised Code as a result of either of the	223
following:	224

(1) The political subdivision's entering under this section	225
into the written agreement to participate in the joint	226
self-insurance program;	227

(2) The political subdivision's entering under this section	228
into any other contract with the joint self-insurance program.	229

Sec. 118.023.  (A) Upon determining that one or more of the	230
conditions described in section 118.022 of the Revised Code are	231
present, the auditor of state shall issue a written declaration of	232
the existence of a fiscal watch to the municipal corporation,	233
county, or township and the county budget commission. The fiscal	234
watch shall be in effect until the auditor of state determines	235
that none of the conditions are any longer present and cancels the	236
watch, or until the auditor of state determines that a state of	237
fiscal emergency exists. The auditor of state, or a designee,	238
shall provide such technical and support services to the municipal	239
corporation, county, or township after a fiscal watch has been	240
declared to exist as the auditor of state considers necessary.	241

(B) Within one hundred twenty days after the day a written	242
declaration of the existence of a fiscal watch is issued under	243
division (A) of this section, the mayor of the municipal	244
corporation, the board of county commissioners of the county, or	245
the board of township trustees of the township for which a fiscal	246
watch was declared shall submit to the auditor of state a	247
financial recovery plan that shall identify actions to be taken to	248
eliminate all of the conditions described in section 118.022 of	249
the Revised Code, and shall include a schedule detailing the	250
approximate dates for beginning and completing the actions, and	251
include a five-year forecast reflecting the effects of the	252
actions. The financial recovery plan also shall evaluate the	253
feasibility of entering into shared services agreements with other	254
political subdivisions for the joint exercise of any power,	255
performance of any function, or rendering of any service, if so	256
authorized by statute. The financial recovery plan is subject to	257
review and approval by the auditor of state. The auditor of state	258
may extend the amount of time by which a financial recovery plan	259
is required to be filed, for good cause shown.	260

(C) If a feasible financial recovery plan for a municipal	261
corporation, county, or township for which a fiscal watch was	262
declared is not submitted within the time period prescribed by	263
division (B) of this section, or within any extension of time	264
thereof, the auditor of state shall declare that a fiscal	265
emergency condition exists under section 118.04 of the Revised	266
Code in the municipal corporation, county, or township.	267

Sec. 118.06.  (A) Within one hundred twenty days after the	268
first meeting of the commission, the mayor of the municipal	269
corporation or the board of county commissioners or board of	270
township trustees shall submit to the commission a detailed	271
financial plan, as approved or amended and approved by ordinance	272
or resolution of the legislative authority, containing the	273
following:	274

(1) Actions to be taken by the municipal corporation, county,	275
or township to:	276

(a) Eliminate all fiscal emergency conditions determined to	277
exist pursuant to section 118.04 of the Revised Code;	278

(b) Satisfy any judgments, past due accounts payable, and all	279
past due and payable payroll and fringe benefits;	280

(c) Eliminate the deficits in all deficit funds;

281

(d) Restore to construction funds and other special funds	282
moneys from such funds that were used for purposes not within the	283
purposes of such funds, or borrowed from such construction funds	284
by the purchase of debt obligations of the municipal corporation,	285
county, or township with the moneys of such funds, or missing from	286
the construction funds or such special funds and not accounted	287
for;	288

(e) Balance the budgets, avoid future deficits in any funds,	289
and maintain current payments of payroll, fringe benefits, and all	290
accounts;	291

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

292

(g) Restore the ability of the municipal corporation, county,	293
or township to market long-term general obligation bonds under	294
provisions of law applicable to municipal corporations, counties,	295
or townships generally.	296

(2) The legal authorities permitting the municipal	297
corporation, county, or township to take the actions enumerated	298
pursuant to division (A)(1) of this section;	299

(3) The approximate dates of the commencement, progress upon,	300
and completion of the actions enumerated pursuant to division	301
(A)(1) of this section, a five-year forecast reflecting the	302
effects of those actions, and a reasonable period of time expected	303
to be required to implement the plan. The municipal corporation,	304
county, or township, in consultation with the commission and the	305
financial supervisor, shall prepare a reasonable time schedule for	306
progress toward and achievement of the requirements for the	307
financial plan and the financial plan shall be consistent with	308
that time schedule.	309

(4) The amount and purpose of any issue of debt obligations	310
that will be issued, together with assurances that any such debt	311
obligations that will be issued will not exceed debt limits	312
supported by appropriate certifications by the fiscal officer of	313
the municipal corporation, county, or township and the county	314
auditor;	315

(5) Assurances that the municipal corporation, county, or	316
township will establish monthly levels of expenditures and	317
encumbrances pursuant to division (B)(2) of section 118.07 of the	318
Revised Code;	319

(6) Assurances that the municipal corporation, county, or	320
township will conform to statutes with respect to tax budgets and	321
appropriation measures;	322

(7) The detail, the form, and the supporting information that	323
the commission may direct;	324

(8) An evaluation of the feasibility of entering into shared	325
services agreements with other political subdivisions for the	326
joint exercise of any power, performance of any function, or	327
rendering of any service, if so authorized by statute.	328

(B) The financial plan developed pursuant to division (A) of	329
this section shall be filed with the financial supervisor and the	330
financial planning and supervision commission and shall be updated	331
annually. After consultation with the financial supervisor, the	332
commission shall either approve or reject any initial or	333
subsequent financial plan. If the commission rejects the initial	334
or any subsequent financial plan, it shall forthwith inform the	335
mayor and legislative authority of the municipal corporation or	336
the board of county commissioners or board of township trustees of	337
the reasons for its rejection. Within thirty days after the	338
rejection of any plan, the mayor with the approval of the	339
legislative authority by the passage of an ordinance or	340
resolution, or the board of county commissioners or board of	341
township trustees, shall submit another plan meeting the	342
requirements of divisions (A)(1) to (7) of this section, to the	343
commission and the financial supervisor for approval or rejection	344
by the commission.	345

(C) Any initial or subsequent financial plan passed by the	346
municipal corporation, county, or township shall be approved by	347
the commission if it complies with divisions (A)(1) to (7) of this	348
section, and if the commission finds that the plan is bona fide	349
and can reasonably be expected to be implemented within the period	350
specified in the plan.	351

(D) Any financial plan may be amended subsequent to its	352
adoption in the same manner as the passage and approval of the	353
initial or subsequent plan pursuant to divisions (A) to (C) of	354
this section.	355

(E) If a municipal corporation, county, or township fails to	356
submit a financial plan as required by this section, or fails to	357
substantially comply with an approved financial plan, upon	358
certification of the commission, the commission shall notify the	359
office of budget and management and all state funding for that	360
municipal corporation, county, or township other than benefit	361
assistance to individuals shall be escrowedwithheld until	362
subsequent notification from the commission to the office of	363
budget and management that a feasible plan ishas been submitted	364
and approved or substantial compliance with the plan ishas been	365
achieved, as the case may be. Upon receipt of the subsequent	366
notification, the office of budget and management shall release	367
all funds withheld from the political subdivision under this	368
section.	369

Sec. 118.31.  (A) Upon petition of the financial supervisor	370
and approval of the financial planning and supervision commission,	371
if any, the attorney general shall file a legal action in the	372
court actionof common pleas on behalf of the state to dissolve a	373
municipal corporation or township if all of the following	374
conditions apply:	375

(1) The municipal corporation or township has a population of	376
less than five thousand as of the most recent federal decennial	377
census.	378

(2) The municipal corporation or township has been under a	379
fiscal emergency for at least four consecutive years.	380

(3) Implementation of the financial plan of the municipal	381
corporation or township required under this chapter cannot	382
reasonably be expected to correct and eliminate all fiscal	383
emergency conditions within five years.	384

(B) The court of common pleas shall hold a hearing within	385
ninety days after the date on which the attorney general files the	386
legal action with the court. Notice of the hearing shall be filed	387
with the attorney general, the clerk of the village or the fiscal	388
officer of the township that is the subject of the action, and	389
each fiscal officer of a township located wholly or partly within	390
the village subject to dissolution.	391

(C) If the court finds that all of the conditions described	392
in division (A) of this section apply to the municipal corporation	393
or township, it shall appoint a receiver. The receiver, under	394
court supervision, shall work with executive and legislative	395
officers of the municipal corporation or township to wind up the	396
affairs of and dissolve the municipal corporation in accordance	397
with section 703.21 of the Revised Code or the township in	398
accordance with the process in section 503.02 and sections 503.17	399
to 503.21 of the Revised Code.	400

Sec. 120.08.  There is hereby created in the state treasury	401
the indigent defense support fund, consisting of money paid into	402
the fund pursuant to sections 4507.45, 4509.101, 4510.22, and	403
4511.19 of the Revised Code and pursuant to sections 2937.22,	404
2949.091, and 2949.094 of the Revised Code out of the additional	405
court costs imposed under those sections. The state public	406
defender shall use at least ninetyeighty-eight per cent of the	407
money in the fund for the purposepurposes of reimbursing county	408
governments for expenses incurred pursuant to sections 120.18,	409
120.28, and 120.33 of the Revised Code and operating its system	410
pursuant to division (C)(7) of section 120.04 of the Revised Code	411
and division (B) of section 120.33 of the Revised Code.	412
Disbursements from the fund to county governments shall be made at	413
least once per year and shall be allocated proportionately so that	414
each county receives an equal percentage of its total cost for	415
operating its county public defender system, its joint county	416
public defender system, its county appointed counsel system, or	417
its system operated under division (C)(7) of section 120.04 of the	418
Revised Code and division (B) of section 120.33 of the Revised	419
Code. The state public defender may use not more than tentwelve	420
per cent of the money in the fund for the purposes of appointing	421
assistant state public defenders or for, providing other	422
personnel, equipment, and facilities necessary for the operation	423
of the state public defender office, and providing training,	424
developing and implementing electronic forms, or establishing and	425
maintaining an information technology system used for the uniform	426
operation of this chapter.	427

Sec. 120.53.  (A) A legal aid society that operates within	428
the state may apply to the Ohio legal assistance foundation for	429
financial assistance from the legal aid fund established by	430
section 120.52 of the Revised Code to be used for the funding of	431
the society during the calendar year following the calendar year	432
in which application is made.	433

(B) An application for financial assistance made under	434
division (A) of this section shall be submitted by the first day	435
of November of the calendar year preceding the calendar year for	436
which financial assistance is desired and shall include all of the	437
following:	438

(1) Evidence that the applicant is incorporated in this state	439
as a nonprofit corporation;	440

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

441

(3) The proposed budget of the applicant for these funds for	442
the following calendar year;	443

(4) A summary of the services to be offered by the applicant	444
in the following calendar year;	445

(5) A specific description of the territory or constituency	446
served by the applicant;	447

(6) An estimate of the number of persons to be served by the	448
applicant during the following calendar year;	449

(7) A general description of the additional sources of the	450
applicant's funding;	451

(8) The amount of the applicant's total budget for the	452
calendar year in which the application is filed that it will	453
expend in that calendar year for legal services in each of the	454
counties it serves;	455

(9) A specific description of any services, programs,	456
training, and legal technical assistance to be delivered by the	457
applicant or by another person pursuant to a contract with the	458
applicant, including, but not limited to, by private attorneys or	459
through reduced fee plans, judicare panels, organized pro bono	460
programs, and mediation programs.	461

(C) The Ohio legal assistance foundation shall determine	462
whether each applicant that filed an application for financial	463
assistance under division (A) of this section in a calendar year	464
is eligible for financial assistance under this section. To be	465
eligible for such financial assistance, an applicant shall satisfy	466
the criteria for being a legal aid society and shall be in	467
compliance with the provisions of sections 120.51 to 120.55 of the	468
Revised Code and with the rules and requirements the foundation	469
establishes pursuant to section 120.52 of the Revised Code. The	470
Ohio legal assistance foundation then, on or before the fifteenth	471
day of December of the calendar year in which the application is	472
filed, shall notify each such applicant, in writing, whether it is	473
eligible for financial assistance under this section, and if it is	474
eligible, estimate the amount that will be available for that	475
applicant for each six-month distribution period, as determined	476
under division (D) of this section.	477

(D) The Ohio legal assistance foundation shall allocate	478
moneys contained in the legal aid fund monthly for distribution to	479
applicants that filed their applications in the previous calendar	480
year and are determined to be eligible applicants.	481

All moneys contained in the fund on the first day of each	482
month shall be allocated, after deduction of the costs of	483
administering sections 120.51 to 120.55 and sections 1901.26,	484
1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised	485
Code that are authorized by section 120.52 of the Revised Code,	486
according to this section and shall be distributed accordingly not	487
later than the last day of the month following the month the	488
moneys were received. In making the allocations under this	489
section, the moneys in the fund that were generated pursuant to	490
sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and	491
4705.10 of the Revised Code shall be apportioned as follows:	492

(1) After deduction of the amount authorized and used for	493
actual, reasonable administrative costs under section 120.52 of	494
the Revised Code:	495

(a) Five per cent of the moneys remaining in the fund shall	496
be reserved for use in the manner described in division (A) of	497
section 120.521 of the Revised Code or for distribution to legal	498
aid societies that provide assistance to special population groups	499
of their eligible clients, engage in special projects that have a	500
substantial impact on their local service area or on significant	501
segments of the state's poverty population, or provide legal	502
training or support to other legal aid societies in the state;	503

(b) After deduction of the amount described in division	504
(D)(1)(a) of this section, one and three-quarters per cent of the	505
moneys remaining in the fund shall be apportioned among entities	506
that received financial assistance from the legal aid fund prior	507
to the effective date of this amendmentJuly 1, 1993, but that, on	508
and after the effective date of this amendmentJuly 1, 1993, no	509
longer qualify as a legal aid society that is eligible for	510
financial assistance under this section.	511

(c) After deduction of the amounts described in divisions	512
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys	513
remaining in the fund shall be placed in the legal assistance	514
foundation fund for use in the manner described in division (A) of	515
section 120.521 of the Revised Code.	516

(2) After deduction of the actual, reasonable administrative	517
costs under section 120.52 of the Revised Code and after deduction	518
of the amounts identified in divisions (D)(1)(a), (b), and (c) of	519
this section, the remaining moneys shall be apportioned among the	520
counties that are served by eligible legal aid societies that have	521
applied for financial assistance under this section so that each	522
such county is apportioned a portion of those moneys, based upon	523
the ratio of the number of indigents who reside in that county to	524
the total number of indigents who reside in all counties of this	525
state that are served by eligible legal aid societies that have	526
applied for financial assistance under this section. Subject to	527
division (E) of this section, the moneys apportioned to a county	528
under this division then shall be allocated to the eligible legal	529
aid society that serves the county and that has applied for	530
financial assistance under this section. For purposes of this	531
division, the source of data identifying the number of indigent	532
persons who reside in a county shall be the most recent decennial	533
censusselected by the Ohio legal assistance foundation from the	534
best available figures frommaintained by the United States	535
department of commerce, division of census bureau.	536

(E) If the Ohio legal assistance foundation, in attempting to	537
make an allocation of moneys under division (D)(2) of this	538
section, determines that a county that has been apportioned money	539
under that division is served by more than one eligible legal aid	540
society that has applied for financial assistance under this	541
section, the Ohio legal assistance foundation shall allocate the	542
moneys that have been apportioned to that county under division	543
(D)(2) of this section among all eligible legal aid societies that	544
serve that county and that have applied for financial assistance	545
under this section on a pro rata basis, so that each such eligible	546
society is allocated a portion based upon the amount of its total	547
budget expended in the prior calendar year for legal services in	548
that county as compared to the total amount expended in the prior	549
calendar year for legal services in that county by all eligible	550
legal aid societies that serve that county and that have applied	551
for financial assistance under this section.	552

(F) Moneys allocated to eligible applicants under this	553
section shall be paid monthly beginning the calendar year	554
following the calendar year in which the application is filed.	555

(G)(1) A legal aid society that receives financial assistance	556
in any calendar year under this section shall file an annual	557
report with the Ohio legal assistance foundation detailing the	558
number and types of cases handled, and the amount and types of	559
legal training, legal technical assistance, and other service	560
provided, by means of that financial assistance. No information	561
contained in the report shall identify or enable the	562
identification of any person served by the legal aid society or in	563
any way breach client confidentiality.	564

(2) The Ohio legal assistance foundation shall make an annual	565
report to the governor, the general assembly, and the supreme	566
court on the distribution and use of the legal aid fund. The	567
foundation also shall include in the annual report an audited	568
financial statement of all gifts, bequests, donations,	569
contributions, and other moneys the foundation receives. No	570
information contained in the report shall identify or enable the	571
identification of any person served by a legal aid society, or in	572
any way breach confidentiality.	573

(H) A legal aid society may enter into agreements for the	574
provision of services, programs, training, or legal technical	575
assistance for the legal aid society or to indigent persons.	576

Sec. 124.42.  No person shall be eligible to receive an	577
original appointment as a firefighter in a fire department,	578
subject to the civil service laws of this state, unless the person	579
has reached the age of eighteen and has, not more than one hundred	580
twenty days prior to receiving such appointment, passed a physical	581
examination, given by a licensed physician, a pysicianphysician	582
assistant, a clinical nurse specialist, a certified nurse	583
practitioner, or a certified nurse-midwife, certifying that the	584
applicant is free of cardiovascular and pulmonary diseases, and	585
showing that the person meets the physical requirements necessary	586
to perform the duties of a firefighter as established by the civil	587
service commission having jurisdiction over the appointment. The	588
appointing authority shall, prior to making any such appointment,	589
file with the Ohio police and fire pension fund a copy of the	590
report or findings of said licensed physician, physician	591
assistant, clinical nurse specialist, certified nurse	592
practitioner, or certified nurse-midwife. The professional fee for	593
such physical examination shall be paid by the civil service	594
commission. No person shall be eligible to receive an original	595
appointment on and after the person's thirty-firstforty-first	596
birthday.	597

Notwithstanding this section, a municipal council may enact	598
an ordinance providing that a person between the age of eighteen	599
and thirty-sixforty may receive an original appointment to the	600
fire department, or the board of trustees of a civil service	601
township may do so by resolution. Nothing in this section shall	602
prevent a municipal corporation or civil service township from	603
establishing a fire cadet program and employing persons as fire	604
cadets at age eighteen for the purpose of training persons to	605
become firefighters. The board of trustees of a civil service	606
township may establish by resolution such a cadet program. A	607
person participating in a municipal or township fire cadet program	608
shall not be permitted to carry or use any firearm in the	609
performance of the person's duties.	610

Sec. 125.183.  (A)(1) There is hereby created the statewide	611
emergency services internet protocol network steering committee,	612
consisting of the following ten members:	613

(a) The state chief information officer or the officer's	614
designee;	615

(b) Two members of the house of representatives appointed by	616
the speaker, one from the majority party and one from the minority	617
party;	618

(c) Two members of the senate appointed by the president, one	619
from the majority party and one from the minority party;	620

(d) Five members appointed by the governor.

621

(2) In appointing the five members under division (A)(1)(d)	622
of this section, the governor shall appoint two representatives of	623
the county commissioners' association of Ohio or a successor	624
organization, two representatives of the Ohio municipal league or	625
a successor organization, and one representative of the Ohio	626
township association or a successor organization. For each of	627
these appointments, the governor shall consider a nominee proposed	628
by the association or successor organization. The governor may	629
reject any of the nominees and may request that a nominating	630
entity submit alternative nominees.	631

(3) Initial appointments shall be made not later than ten	632
days after the effective date of this section.	633

(B)(1) The state chief information officer or the officer's	634
designee shall serve as the chairperson of the committee and shall	635
be a nonvoting member. All other members shall be voting members.	636

(2) A member of the committee appointed from the membership	637
of the senate or the house of representatives shall serve during	638
the member's term as a member of the general assembly and until a	639
successor is appointed and qualified, notwithstanding adjournment	640
of the general assembly or the expiration of the member's term as	641
a member of the general assembly.	642

(3) The initial terms of one of the representatives of the	643
county commissioners' association of Ohio, one of the	644
representatives of the Ohio municipal league, and the	645
representative of the Ohio township association shall all expire	646
on December 31, 2016. The initial terms of the other	647
representatives of the county commissioners' association of Ohio	648
and the Ohio municipal league shall expire on December 31, 2014.	649
Thereafter, terms of the members appointed by the governor shall	650
be for four years, with each term ending on the same day of the	651
same month as the term it succeeds. Each member appointed by the	652
governor shall hold office from the date of the member's	653
appointment until the end of the term for which the member was	654
appointed, and may be reappointed. A member appointed by the	655
governor shall continue in office after the expiration date of the	656
member's term until the member's successor takes office or until a	657
period of sixty days has elapsed, whichever occurs first. Members	658
appointed by the governor shall serve without compensation and	659
shall not be reimbursed for expenses.	660

(4) A vacancy in the position of any member of the committee	661
shall be filled for the unexpired term in the same manner as the	662
original appointment.	663

(C) The committee shall generally advise the state on the	664
implementation, operation, and maintenance of a statewide	665
emergency services internet protocol network that would support	666
state and local government next-generation 9-1-1 and the dispatch	667
of emergency service providers. The committee shall do all of the	668
following:	669

(1) On or before November 15, 2012, deliver an initial report	670
to the speaker of the house of representatives, the president of	671
the senate, and the governor providing recommendations for the	672
state to address the development of a statewide emergency services	673
internet protocol network, including a review of the current	674
funding model for this state's 9-1-1 systems;	675

(2) Examine the readiness of the state's current technology	676
infrastructure for a statewide emergency services internet	677
protocol network;	678

(3) Research legislative authority with regard to governance	679
and funding of a statewide emergency services internet protocol	680
network, and provide recommendations on best practices to limit	681
duplicative efforts to ensure an effective transition to	682
next-generation 9-1-1;	683

(4) Make recommendations for consolidation of	684
public-safety-answering-point operations in this state, to	685
accommodate next-generation 9-1-1 technology and to facilitate a	686
more efficient and effective emergency services system;	687

(5) Recommend policies, procedures, and statutory or	688
regulatory authority to effectively govern a statewide emergency	689
services internet protocol network;	690

(6) Designate a next-generation 9-1-1 statewide coordinator	691
to serve as the primary point of contact for federal initiatives;	692

(7) Coordinate with statewide initiatives and associations	693
such as the state interoperable executive committee, the Ohio	694
geographically referenced information program council, the Ohio	695
multi-agency radio communications system steering committee, and	696
other interested parties.	697

(D) The committee shall hold its inaugural meeting not later	698
than thirty days after the effective date of this section.	699
Thereafter, the committee shall meet at least once a month, either	700
in person or utilizing telecommunication-conferencing technology.	701
A majority of the voting members shall constitute a quorum.	702

(E)(1) The committee shall have a permanent	703
technical-standards subcommittee and a permanent	704
public-safety-answering-point-operations subcommittee, and may,	705
from time to time, establish additional subcommittees, to advise	706
and assist the committee based upon the subcommittees' areas of	707
expertise.	708

(2) The membership of subcommittees shall be determined by	709
the committee.	710

(a) The technical-standards subcommittee shall include one	711
member representing a wireline or wireless service provider that	712
participates in the state's 9-1-1 system, one representative of	713
the Ohio academic resources network, one representative of the	714
Ohio multi-agency radio communications system steering committee,	715
one representative of the Ohio geographically referenced	716
information program, and one member representing each of the	717
following associations selected by the committee from nominations	718
received from that association:	719

(i) The Ohio telephone association;

720

(ii) The Ohio chapter of the association of public-safety	721
communications officials;	722

(iii) The Ohio chapter of the national emergency number	723
association.	724

(b) The public-safety-answering-point-operations subcommittee	725
shall include one member representing the division of emergency	726
management of the department of public safety, one member	727
representing the state highway patrol, two members recommended by	728
the county commissioners' association of Ohio who are managers of	729
public safety answering points, two members recommended by the	730
Ohio municipal league who are managers of public safety answering	731
points, and one member from each of the following associations	732
selected by the committee from nominations received from that	733
association:	734

(i) The buckeye state sheriffs' association;

735

(ii) The Ohio association of chiefs of police;

736

(iii) The Ohio association of fire chiefs;

737

(iv) The Ohio chapter of the association of public-safety	738
communications officials;	739

(v) The Ohio chapter of the national emergency number	740
association.	741

(F) The committee is not an agency, as defined in section	742
101.82 of the Revised Code, for purposes of sections 101.82 to	743
101.87 of the Revised Code.	744

(G) As used in this section, "9-1-1 system," "wireless	745
service provider," "wireline service provider," "emergency service	746
provider," and "public safety answering point" have the same	747
meanings as in section 4931.40 of the Revised Code.	748

Sec. 305.171. The following applies until the department of	749
administrative services implements for counties the health care	750
plans under section 9.901 of the Revised Code. If those plans do	751
not include or address any benefits listed in division (A) of this	752
section, the following provisions continue in effect for those	753
benefits.	754

(A) The board of county commissioners of any county may	755
contract for, purchase, or otherwise procure and pay all or any	756
part of the cost of any of the following insurance, coverage, or	757
benefits issued by an insurance company or administered by a board	758
of county commissioners or a contractor, for county officers and	759
employees and their immediate dependents from the funds or budgets	760
from which the county officers or employees are compensated for	761
services:	762

(1) Group insurance policies that may provide any of the	763
following:	764

(a) Benefits including, but not limited to, hospitalization,	765
surgical care, major medical care, disability, dental care, eye	766
care, medical care, hearing aids, or prescription drugs;	767

(b) Sickness and accident insurance;

768

(c) Group legal services;

769

(d) Group life insurance.

770

(2) Any other qualified benefit available under section 125	771
of the "Internal Revenue Code of 1986," 26 U.S.C. 125;	772

(3) A health and wellness benefit program through which the	773
county provides a benefit or incentive to county officers,	774
employees, and their immediate dependents to maintain a healthy	775
lifestyle, including, but not limited to, programs to encourage	776
healthy eating and nutrition, exercise and physical activity,	777
weight control or the elimination of obesity, and cessation of	778
smoking or alcohol use.	779

(4) Any combination of any of the foregoing types of	780
insurance, coverage, or benefits.	781

(B) The board of county commissioners also may negotiate and	782
contract for any plan or plans of health care services with health	783
insuring corporations holding a certificate of authority under	784
Chapter 1751. of the Revised Code, provided that each county	785
officer or employee shall be permitted to do both of the	786
following:	787

(1) Exercise an option between a plan offered by an insurance	788
company and a plan or plans offered by health insuring	789
corporations under this division, on the condition that the county	790
officer or employee shall pay any amount by which the cost of the	791
plan chosen by the county officer or employee pursuant to this	792
division exceeds the cost of the plan offered under division (A)	793
of this section;	794

(2) Change from one of the plans to another at a time each	795
year as determined by the board.	796

(C) Section 307.86 of the Revised Code does not apply to the	797
purchase of benefits for county officers or employees under	798
divisions (A) and (B) of this section when those benefits are	799
provided through a jointly administered health and welfare trust	800
fund in which the county or contracting authority and a collective	801
bargaining representative of the county employees or contracting	802
authority agree to participate.	803

(D) The board of trustees of a jointly administered trust	804
fund that receives contributions pursuant to collective bargaining	805
agreements entered into between the board of county commissioners	806
of any county and a collective bargaining representative of the	807
employees of the county may provide for self-insurance of all risk	808
in the provision of fringe benefits, and may provide through the	809
self-insurance method specific fringe benefits as authorized by	810
the rules of the board of trustees of the jointly administered	811
trust fund. The fringe benefits may include, but are not limited	812
to, hospitalization, surgical care, major medical care,	813
disability, dental care, vision care, medical care, hearing aids,	814
prescription drugs, group life insurance, sickness and accident	815
insurance, group legal services, or a combination of any of the	816
foregoing types of insurance or coverage, for county employees and	817
their dependents.	818

(E) The board of county commissioners may provide the	819
benefits described in divisions (A) to (D) of this section through	820
an individual self-insurance program or a joint self-insurance	821
program as provided in section 9.833 of the Revised Code.	822

(F) When a board of county commissioners offers benefits	823
authorized under this section to a county officer or employee, the	824
board may offer the benefits through a cafeteria plan meeting the	825
requirements of section 125 of the "Internal Revenue Code of	826
1986," 100 Stat. 2085, 26 U.S.C.A. 125, as amended, and, as part	827
of that plan, may offer the county officer or employee the option	828
of receiving a cash payment in any form permissible under such	829
cafeteria plans. A cash payment made to a county officer or	830
employee under this division shall not exceed twenty-five per cent	831
of the cost of premiums or payments that otherwise would be paid	832
by the board for benefits for the county officer or employee under	833
a policy or plan.	834

(G) The board of county commissioners may establish a policy	835
authorizing any county appointing authority to make a cash payment	836
to any county officer or employee in lieu of providing a benefit	837
authorized under this section if the county officer or employee	838
elects to take the cash payment instead of the offered benefit. A	839
cash payment made to a county officer or employee under this	840
division shall not exceed twenty-five per cent of the cost of	841
premiums or payments that otherwise would be paid by the board for	842
benefits for the county officer or employee under an offered	843
policy or plan.	844

(H) No cash payment in lieu of a health benefit shall be made	845
to a county officer or employee under division (F) or (G) of this	846
section unless the county officer or employee signs a statement	847
affirming that the county officer or employee is covered under	848
another health insurance or health care policy, contract, or plan,	849
and setting forth the name of the employer, if any, that sponsors	850
the coverage, the name of the carrier that provides the coverage,	851
and the identifying number of the policy, contract, or plan.	852

(I) The legislative authority of a county-operated municipal	853
court, after consultation with the judges, or the clerk and deputy	854
clerks, of the municipal court, shall negotiate and contract for,	855
purchase, or otherwise procure, and pay the costs, premiums, or	856
charges for, group health care coverage for the judges, and group	857
health care coverage for the clerk and deputy clerks, in	858
accordance with section 1901.111 or 1901.312 of the Revised Code.	859

(J) As used in this section:

860

(1) "County officer or employee" includes, but is not limited	861
to, a member or employee of the county board of elections.	862

(2) "County-operated municipal court" and "legislative	863
authority" have the same meanings as in section 1901.03 of the	864
Revised Code.	865

(3) "Health care coverage" has the same meaning as in section	866
1901.111 of the Revised Code.	867

Sec. 307.12.  (A) Except as otherwise provided in divisions	868
(D), (E), and (G) of this section, when the board of county	869
commissioners finds, by resolution, that the county has personal	870
property, including motor vehicles acquired for the use of county	871
officers and departments, and road machinery, equipment, tools, or	872
supplies, that is not needed for public use, is obsolete, or is	873
unfit for the use for which it was acquired, and when the fair	874
market value of the property to be sold or donated under this	875
division is, in the opinion of the board, in excess of two	876
thousand five hundred dollars, the board may do either of the	877
following:	878

(1) Sell the property at public auction or by sealed bid to	879
the highest bidder. Notice of the time, place, and manner of the	880
sale shall be published in a newspaper of general circulation in	881
the county at least ten days prior to the sale, and a typewritten	882
or printed notice of the time, place, and manner of the sale shall	883
be posted at least ten days before the sale in the offices of the	884
county auditor and the board of county commissioners.	885

If a board conducts a sale of property by sealed bid, the	886
form of the bid shall be as prescribed by the board, and each bid	887
shall contain the name of the person submitting it. Bids received	888
shall be opened and tabulated at the time stated in the notice.	889
The property shall be sold to the highest bidder, except that the	890
board may reject all bids and hold another sale, by public auction	891
or sealed bid, in the manner prescribed by this section.	892

(2) Donate any motor vehicle that does not exceed four	893
thousand five hundred dollars in value to a nonprofit organization	894
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	895
and (c)(3) for the purpose of meeting the transportation needs of	896
participants in the Ohio works first program established under	897
Chapter 5107. of the Revised Code and participants in the	898
prevention, retention, and contingency program established under	899
Chapter 5108. of the Revised Code.	900

(B) When the board of county commissioners finds, by	901
resolution, that the county has personal property, including motor	902
vehicles acquired for the use of county officers and departments,	903
and road machinery, equipment, tools, or supplies, that is not	904
needed for public use, is obsolete, or is unfit for the use for	905
which it was acquired, and when the fair market value of the	906
property to be sold or donated under this division is, in the	907
opinion of the board, two thousand five hundred dollars or less,	908
the board may do either of the following:	909

(1) Sell the property by private sale, without advertisement	910
or public notification;	911

(2) Donate the property to an eligible nonprofit organization	912
that is located in this state and is exempt from federal income	913
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating	914
any property under this division, the board shall adopt a	915
resolution expressing its intent to make unneeded, obsolete, or	916
unfit-for-use county personal property available to these	917
organizations. The resolution shall include guidelines and	918
procedures the board considers necessary to implement a donation	919
program under this division and shall indicate whether the county	920
will conduct the donation program or the board will contract with	921
a representative to conduct it. If a representative is known when	922
the resolution is adopted, the resolution shall provide contact	923
information such as the representative's name, address, and	924
telephone number.	925

The resolution shall include within its procedures a	926
requirement that any nonprofit organization desiring to obtain	927
donated property under this division shall submit a written notice	928
to the board or its representative. The written notice shall	929
include evidence that the organization is a nonprofit organization	930
that is located in this state and is exempt from federal income	931
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	932
the organization's primary purpose; a description of the type or	933
types of property the organization needs; and the name, address,	934
and telephone number of a person designated by the organization's	935
governing board to receive donated property and to serve as its	936
agent.	937

After adoption of the resolution, the board shall publish, in	938
a newspaper of general circulation in the county, notice of its	939
intent to donate unneeded, obsolete, or unfit-for-use county	940
personal property to eligible nonprofit organizations. The notice	941
shall include a summary of the information provided in the	942
resolution and shall be published twice or as provided in section	943
7.16 of the Revised Code. The second and any subsequent notice	944
shall be published not less than ten nor more than twenty days	945
after the previous notice. A similar notice also shall be posted	946
continually in a conspicuous place in the offices of the county	947
auditor and the board of county commissioners. If the county	948
maintains a web site on the internet, the notice shall be posted	949
continually at that web site.	950

The board or its representative shall maintain a list of all	951
nonprofit organizations that notify the board or its	952
representative of their desire to obtain donated property under	953
this division and that the board or its representative determines	954
to be eligible, in accordance with the requirements set forth in	955
this section and in the donation program's guidelines and	956
procedures, to receive donated property.	957

The board or its representatives also shall maintain a list	958
of all county personal property the board finds to be unneeded,	959
obsolete, or unfit for use and to be available for donation under	960
this division. The list shall be posted continually in a	961
conspicuous location in the offices of the county auditor and the	962
board of county commissioners, and, if the county maintains a web	963
site on the internet, the list shall be posted continually at that	964
web site. An item of property on the list shall be donated to the	965
eligible nonprofit organization that first declares to the board	966
or its representative its desire to obtain the item unless the	967
board previously has established, by resolution, a list of	968
eligible nonprofit organizations that shall be given priority with	969
respect to the item's donation. Priority may be given on the basis	970
that the purposes of a nonprofit organization have a direct	971
relationship to specific public purposes of programs provided or	972
administered by the board. A resolution giving priority to certain	973
nonprofit organizations with respect to the donation of an item of	974
property shall specify the reasons why the organizations are given	975
that priority.	976

(C) Members of the board of county commissioners shall	977
consult with the Ohio ethics commission, and comply with the	978
provisions of Chapters 102. and 2921. of the Revised Code, with	979
respect to any sale or donation under division (A) or (B) of this	980
section to a nonprofit organization of which a county	981
commissioner, any member of the county commissioner's family, or	982
any business associate of the county commissioner is a trustee,	983
officer, board member, or employee.	984

(D) Notwithstanding anything to the contrary in division (A),	985
(B), or (E) of this section and regardless of the property's	986
value, the board of county commissioners may sell or donate county	987
personal property, including motor vehicles, to the federal	988
government, the state, any political subdivision of the state, or	989
a county land reutilization corporation without advertisement or	990
public notification.	991

(E) Notwithstanding anything to the contrary in division (A),	992
(B), or (G) of this section and regardless of the property's	993
value, the board of county commissioners may sell personal	994
property, including motor vehicles acquired for the use of county	995
officers and departments, and road machinery, equipment, tools, or	996
supplies, that is not needed for public use, is obsolete, or is	997
unfit for the use for which it was acquired, by internet auction.	998
The board shall adopt, during each calendar year, a resolution	999
expressing its intent to sell that property by internet auction.	1000
The resolution shall include a description of how the internet	1001
auctions will be conducted and shall specify the number of days	1002
for bidding on the property, which shall be no less than ten days,	1003
including Saturdays, Sundays, and legal holidays. The resolution	1004
shall indicate whether the county will conduct the auction	1005
internet auctions or the board will contract with a representative	1006
to conduct the auctioninternet auctions and shall establish the	1007
general terms and conditions of sale. If a representative is known	1008
when the resolution is adopted, the resolution shall provide	1009
contact information such as the representative's name, address,	1010
and telephone number.	1011

After adoption of the resolution, the board shall publish, in	1012
a newspaper of general circulation in the county, notice of its	1013
intent to sell unneeded, obsolete, or unfit-for-use county	1014
personal property by internet auction. The notice shall include a	1015
summary of the information provided in the resolution and shall be	1016
published twice or as provided in section 7.16 of the Revised	1017
Code. The second and any subsequent notice shall be published not	1018
less than ten nor more than twenty days after the previous notice.	1019
A similar notice also shall be posted continually throughout the	1020
calendar year in a conspicuous place in the offices of the county	1021
auditor and the board of county commissioners. If the county	1022
maintains a web site on the internet, the notice shall be posted	1023
continually throughout the calendar year at that web site.	1024

When property is to be sold by internet auction, the board or	1025
its representative may establish a minimum price that will be	1026
accepted for specific items and may establish any other terms and	1027
conditions for thea particular sale, including requirements for	1028
pick-up or delivery, method of payment, and sales tax. This type	1029
of information shall be provided on the internet at the time of	1030
the auction and may be provided before that time upon request	1031
after the terms and conditions have been determined by the board	1032
or its representative.	1033

(F) When a county officer or department head determines that	1034
county-owned personal property under the jurisdiction of the	1035
officer or department head, including motor vehicles, road	1036
machinery, equipment, tools, or supplies, is not of immediate	1037
need, the county officer or department head may notify the board	1038
of county commissioners, and the board may lease that personal	1039
property to any municipal corporation, township, other political	1040
subdivision of the state, or to a county land reutilization	1041
corporation. The lease shall require the county to be reimbursed	1042
under terms, conditions, and fees established by the board, or	1043
under contracts executed by the board.	1044

(G) If the board of county commissioners finds, by	1045
resolution, that the county has vehicles, equipment, or machinery	1046
that is not needed, or is unfit for public use, and the board	1047
desires to sell the vehicles, equipment, or machinery to the	1048
person or firm from which it proposes to purchase other vehicles,	1049
equipment, or machinery, the board may offer to sell the vehicles,	1050
equipment, or machinery to that person or firm, and to have the	1051
selling price credited to the person or firm against the purchase	1052
price of other vehicles, equipment, or machinery.	1053

(H) If the board of county commissioners advertises for bids	1054
for the sale of new vehicles, equipment, or machinery to the	1055
county, it may include in the same advertisement a notice of the	1056
willingness of the board to accept bids for the purchase of	1057
county-owned vehicles, equipment, or machinery that is obsolete or	1058
not needed for public use, and to have the amount of those bids	1059
subtracted from the selling price of the other vehicles,	1060
equipment, or machinery as a means of determining the lowest	1061
responsible bidder.	1062

(I) If a board of county commissioners determines that county	1063
personal property is not needed for public use, or is obsolete or	1064
unfit for the use for which it was acquired, and that the property	1065
has no value, the board may discard or salvage that property.	1066

(J) A county engineer, in the engineer's discretion, may	1067
dispose of scrap construction materials on such terms as the	1068
engineer determines reasonable, including disposal without	1069
recovery of costs, if the total value of the materials does not	1070
exceed twenty-five thousand dollars. The engineer shall maintain	1071
records of all dispositions made under this division, including	1072
identification of the origin of the materials, the final	1073
disposition, and copies of all receipts resulting from the	1074
dispositions.	1075

As used in division (I) of this section, "scrap construction	1076
materials" means construction materials that result from a road or	1077
bridge improvement, remain after the improvement is completed, and	1078
are not reusable. Construction material that is metal and that	1079
results from a road or bridge improvement and remains after the	1080
improvement is completed is scrap construction material only if it	1081
cannot be used in any other road or bridge improvement or other	1082
project in its current state.	1083

Sec. 307.86.  Anything to be purchased, leased, leased with	1084
an option or agreement to purchase, or constructed, including, but	1085
not limited to, any product, structure, construction,	1086
reconstruction, improvement, maintenance, repair, or service,	1087
except the services of an accountant, architect, attorney at law,	1088
physician, professional engineer, construction project manager,	1089
consultant, surveyor, or appraiser, by or on behalf of the county	1090
or contracting authority, as defined in section 307.92 of the	1091
Revised Code, at a cost in excess of twenty-fivefifty thousand	1092
dollars, except as otherwise provided in division (D) of section	1093
713.23 and in sections 9.48, 125.04, 125.60 to 125.6012, 307.022,	1094
307.041, 307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35,	1095
5119.16, 5513.01, 5543.19, 5713.01, and 6137.05 of the Revised	1096
Code, shall be obtained through competitive bidding. However,	1097
competitive bidding is not required when any of the following	1098
applies:	1099

(A) The board of county commissioners, by a unanimous vote of	1100
its members, makes a determination that a real and present	1101
emergency exists, and that determination and the reasons for it	1102
are entered in the minutes of the proceedings of the board, when	1103
either of the following applies:	1104

(1) The estimated cost is less than fiftyone hundred	1105
thousand dollars.	1106

(2) There is actual physical disaster to structures, radio	1107
communications equipment, or computers.	1108

For purposes of this division, "unanimous vote" means all	1109
three members of a board of county commissioners when all three	1110
members are present, or two members of the board if only two	1111
members, constituting a quorum, are present.	1112

Whenever a contract of purchase, lease, or construction is	1113
exempted from competitive bidding under division (A)(1) of this	1114
section because the estimated cost is less than fiftyone hundred	1115
thousand dollars, but the estimated cost is twenty-fivefifty	1116
thousand dollars or more, the county or contracting authority	1117
shall solicit informal estimates from no fewer than three persons	1118
who could perform the contract, before awarding the contract. With	1119
regard to each such contract, the county or contracting authority	1120
shall maintain a record of such estimates, including the name of	1121
each person from whom an estimate is solicited. The county or	1122
contracting authority shall maintain the record for the longer of	1123
at least one year after the contract is awarded or the amount of	1124
time the federal government requires.	1125

(B)(1) The purchase consists of supplies or a replacement or	1126
supplemental part or parts for a product or equipment owned or	1127
leased by the county, and the only source of supply for the	1128
supplies, part, or parts is limited to a single supplier.	1129

(2) The purchase consists of services related to information	1130
technology, such as programming services, that are proprietary or	1131
limited to a single source.	1132

(C) The purchase is from the federal government, the state,	1133
another county or contracting authority of another county, or a	1134
board of education, educational service center, township, or	1135
municipal corporation.	1136

(D) The purchase is made by a county department of job and	1137
family services under section 329.04 of the Revised Code and	1138
consists of family services duties or workforce development	1139
activities or is made by a county board of developmental	1140
disabilities under section 5126.05 of the Revised Code and	1141
consists of program services, such as direct and ancillary client	1142
services, child care, case management services, residential	1143
services, and family resource services.	1144

(E) The purchase consists of criminal justice services,	1145
social services programs, family services, or workforce	1146
development activities by the board of county commissioners from	1147
nonprofit corporations or associations under programs funded by	1148
the federal government or by state grants.	1149

(F) The purchase consists of any form of an insurance policy	1150
or contract authorized to be issued under Title XXXIX of the	1151
Revised Code or any form of health care plan authorized to be	1152
issued under Chapter 1751. of the Revised Code, or any combination	1153
of such policies, contracts, plans, or services that the	1154
contracting authority is authorized to purchase, and the	1155
contracting authority does all of the following:	1156

(1) Determines that compliance with the requirements of this	1157
section would increase, rather than decrease, the cost of the	1158
purchase;	1159

(2) Requests issuers of the policies, contracts, plans, or	1160
services to submit proposals to the contracting authority, in a	1161
form prescribed by the contracting authority, setting forth the	1162
coverage and cost of the policies, contracts, plans, or services	1163
as the contracting authority desires to purchase;	1164

(3) Negotiates with the issuers for the purpose of purchasing	1165
the policies, contracts, plans, or services at the best and lowest	1166
price reasonably possible.	1167

(G) The purchase consists of computer hardware, software, or	1168
consulting services that are necessary to implement a computerized	1169
case management automation project administered by the Ohio	1170
prosecuting attorneys association and funded by a grant from the	1171
federal government.	1172

(H) Child care services are purchased for provision to county	1173
employees.	1174

(I)(1) Property, including land, buildings, and other real	1175
property, is leased for offices, storage, parking, or other	1176
purposes, and all of the following apply:	1177

(a) The contracting authority is authorized by the Revised	1178
Code to lease the property.	1179

(b) The contracting authority develops requests for proposals	1180
for leasing the property, specifying the criteria that will be	1181
considered prior to leasing the property, including the desired	1182
size and geographic location of the property.	1183

(c) The contracting authority receives responses from	1184
prospective lessors with property meeting the criteria specified	1185
in the requests for proposals by giving notice in a manner	1186
substantially similar to the procedures established for giving	1187
notice under section 307.87 of the Revised Code.	1188

(d) The contracting authority negotiates with the prospective	1189
lessors to obtain a lease at the best and lowest price reasonably	1190
possible considering the fair market value of the property and any	1191
relocation and operational costs that may be incurred during the	1192
period the lease is in effect.	1193

(2) The contracting authority may use the services of a real	1194
estate appraiser to obtain advice, consultations, or other	1195
recommendations regarding the lease of property under this	1196
division.	1197

(J) The purchase is made pursuant to section 5139.34 or	1198
sections 5139.41 to 5139.46 of the Revised Code and is of programs	1199
or services that provide case management, treatment, or prevention	1200
services to any felony or misdemeanant delinquent, unruly youth,	1201
or status offender under the supervision of the juvenile court,	1202
including, but not limited to, community residential care, day	1203
treatment, services to children in their home, or electronic	1204
monitoring.	1205

(K) The purchase is made by a public children services agency	1206
pursuant to section 307.92 or 5153.16 of the Revised Code and	1207
consists of family services, programs, or ancillary services that	1208
provide case management, prevention, or treatment services for	1209
children at risk of being or alleged to be abused, neglected, or	1210
dependent children.	1211

(L) The purchase is to obtain the services of emergency	1212
medical service organizations under a contract made by the board	1213
of county commissioners pursuant to section 307.05 of the Revised	1214
Code with a joint emergency medical services district.	1215

(M) The county contracting authority determines that the use	1216
of competitive sealed proposals would be advantageous to the	1217
county and the contracting authority complies with section 307.862	1218
of the Revised Code.	1219

Any issuer of policies, contracts, plans, or services listed	1220
in division (F) of this section and any prospective lessor under	1221
division (I) of this section may have the issuer's or prospective	1222
lessor's name and address, or the name and address of an agent,	1223
placed on a special notification list to be kept by the	1224
contracting authority, by sending the contracting authority that	1225
name and address. The contracting authority shall send notice to	1226
all persons listed on the special notification list. Notices shall	1227
state the deadline and place for submitting proposals. The	1228
contracting authority shall mail the notices at least six weeks	1229
prior to the deadline set by the contracting authority for	1230
submitting proposals. Every five years the contracting authority	1231
may review this list and remove any person from the list after	1232
mailing the person notification of that action.	1233

Any contracting authority that negotiates a contract under	1234
division (F) of this section shall request proposals and negotiate	1235
with issuers in accordance with that division at least every three	1236
years from the date of the signing of such a contract, unless the	1237
parties agree upon terms for extensions or renewals of the	1238
contract. Such extension or renewal periods shall not exceed six	1239
years from the date the initial contract is signed.	1240

Any real estate appraiser employed pursuant to division (I)	1241
of this section shall disclose any fees or compensation received	1242
from any source in connection with that employment.	1243

Sec. 307.861.  The county or contracting authority, as	1244
defined in section 307.92 of the Revised Code, may renew a lease	1245
which has been entered into for electronic data processing	1246
equipment, services, or systems, or a radio communications system	1247
at a cost in excess of tenfifty thousand dollars as follows:	1248

(A) The lessor shall submit a written bid to the county or	1249
contracting authority whichthat is the lessee under the lease,	1250
stating the terms under which the lease would be renewed,	1251
including the length of the renewal lease, and the cost of the	1252
renewal lease to the county or contracting authority. The county	1253
or contracting authority may require the lessor to submit a bond	1254
with the bid.	1255

(B) The county or contracting authority shall advertise for	1256
and receive competitive bids, as provided in sections 307.87 to	1257
307.90 of the Revised Code, for a lease under the same terms and	1258
for the same period as provided in the bid of the lessor submitted	1259
under division (A) of this section.	1260

(C) The county or contracting authority may renew the lease	1261
with the lessor only if the bid submitted by the lessor under	1262
division (A) of this section is an amount less than the lowest and	1263
best bid submitted pursuant to competitive bidding under division	1264
(B) of this section.	1265

Sec. 307.87.  Where competitive bidding is required by	1266
section 307.86 of the Revised Code, notice thereof shall be given	1267
in the following manner:	1268

(A) Notice shall be published once a week for not less than	1269
two consecutive weeks preceding the day of the opening of bids in	1270
a newspaper of general circulation within the county for any	1271
purchase, lease, lease with option or agreement to purchase, or	1272
construction contract in excess of twenty-fivefifty thousand	1273
dollars. The contracting authority may also cause notice to be	1274
inserted in trade papers or other publications designated by it or	1275
to be distributed by electronic means, including posting the	1276
notice on the contracting authority's internet site on the world	1277
wide web. If the contracting authority posts the notice on that	1278
location on the world wide web, it may eliminate the second notice	1279
otherwise required to be published in a newspaper of general	1280
circulation within the county, provided that the first notice	1281
published in such a newspaper meets all of the following	1282
requirements:	1283

(1) It is published at least two weeks before the opening of	1284
bids.	1285

(2) It includes a statement that the notice is posted on the	1286
contracting authority's internet site on the world wide web.	1287

(3) It includes the internet address of the contracting	1288
authority's internet site on the world wide web.	1289

(4) It includes instructions describing how the notice may be	1290
accessed on the contracting authority's internet site on the world	1291
wide web.	1292

(B) Notices shall state all of the following:

1293

(1) A general description of the subject of the proposed	1294
contract and the time and place where the plans and specifications	1295
or itemized list of supplies, facilities, or equipment and	1296
estimated quantities can be obtained or examined;	1297

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

1298

(3) The time and place for filing bids;

1299

(4) The terms of the proposed purchase;

1300

(5) Conditions under which bids will be received;

1301

(6) The existence of a system of preference, if any, for	1302
products mined and produced in Ohio and the United States adopted	1303
pursuant to section 307.90 of the Revised Code.	1304

(C) The contracting authority shall also maintain in a public	1305
place in its office or other suitable public place a bulletin	1306
board upon which it shall post and maintain a copy of such notice	1307
for at least two weeks preceding the day of the opening of the	1308
bids.	1309

Sec. 307.88.  (A) Bids submitted pursuant to sections 307.86	1310
to 307.92 of the Revised Code shall be in a form prescribed by the	1311
contracting authority and filed in the manner and at the time and	1312
place mentioned in the notice. The bids received shall be opened	1313
and tabulated at the time stated in the notice. Each bid shall	1314
contain the full name of each person submitting the bid. If the	1315
bid is in excess of twenty-fivefifty thousand dollars and for a	1316
contract for the construction, demolition, alteration, repair, or	1317
reconstruction of an improvement, it shall meet the requirements	1318
of section 153.54 of the Revised Code. If the bid is in excess of	1319
twenty-five fifty thousand dollars and for any other contract	1320
authorized by sections 307.86 to 307.92 of the Revised Code, it	1321
shallmay be accompanied by a bond or certified check, cashier's	1322
check, or money order on a solvent bank or savings and loan	1323
association in a reasonable amount stated in the notice but not to	1324
exceed five per cent of the bid, conditioned that the bidder, if	1325
the bidder's bid is accepted, shall execute a contract in	1326
conformity to the invitation and the bid.	1327

(B) The board of county commissioners, by a unanimous vote of	1328
the entire board, may permit a contracting authority to exempt a	1329
bid from any or all of the requirements of section 153.54 of the	1330
Revised Code if the estimated cost is twenty-fiveone hundred	1331
thousand dollars or less. If the board exempts a bid from any but	1332
not all of those requirements, the bid notice published in the	1333
newspaper pursuant to section 307.87 of the Revised Code shall	1334
state the specific bid guaranty requirements that apply. If the	1335
board exempts a bid from all requirements of section 153.54 of the	1336
Revised Code, the notice shall state that none of the requirements	1337
of that section apply.	1338

Sec. 308.13.  (A) The board of trustees of a regional airport	1339
authority or any officer or employee designated by such board may	1340
make without competitive bidding any contract for theany	1341
purchase of supplies or material or for labor, lease, lease with	1342
option or agreement to purchase any property, or any construction	1343
contract for any work, under the supervision of the board, the	1344
cost of which shall not exceed fifteenfifty thousand dollars.	1345
Except where the contract is for equipment, materials, or supplies	1346
available from a qualified nonprofit agency pursuant to sections	1347
4115.31 to 4115.35 of the Revised Code, when an expenditure, other	1348
than for the acquisition of real estate, the discharge of	1349
noncontractual claims, personal services, or for the product or	1350
services of public utilities, exceeds fifteenAny purchase, lease,	1351
lease with option or agreement to purchase, or construction	1352
contract in excess of fifty thousand dollars, such expenditure	1353
shall be made only afterrequire that a notice calling for bids	1354
has beenbe published once a week for threenot less than two	1355
consecutive weeks preceding the day of the opening of the bids in	1356
a newspaper of general circulation within the territorial	1357
boundaries of the regional airport authority, or as provided in	1358
section 7.16 of the Revised Code. IfThe regional airport	1359
authority also may cause notice to be inserted in trade papers or	1360
other publications designated by it or to be distributed by	1361
electronic means, including posting the notice on the internet	1362
site on the world wide web of the regional airport authority. If	1363
the contracting authority posts the notice on that internet web	1364
site, the requirement that a second notice be published in a	1365
newspaper of general circulation within the territorial boundaries	1366
of the regional airport authority does not apply provided the	1367
first notice published in that newspaper meets all of the	1368
following requirements:	1369

(1) It is published at least two weeks prior to the day of	1370
the opening of the bids.	1371

(2) It includes a statement that the notice is posted on the	1372
internet site on the world wide web of the regional airport	1373
authority.	1374

(3) It includes the internet address of the internet site on	1375
the world wide web of the regional airport authority.	1376

(4) It includes instructions describing how the notice may be	1377
accessed on the internet site on the world wide web of the	1378
regional airport authority.	1379

If the bid is for a contract for the construction,	1380
demolition, alteration, repair, or reconstruction of an	1381
improvement, it shall meet the requirements of section 153.54 of	1382
the Revised Code. If the bid is for any other contract authorized	1383
by this section, it shall be accompanied by a good and approved	1384
bond with ample security conditioned on the carrying out of the	1385
contract as determined by the board. The board may let the	1386
contract to the lowest and best bidder. Such contract shall be in	1387
writing and shall be accompanied by or shall refer to plans and	1388
specifications for the work to be done, as approved by the board.	1389
The plans and specifications shall at all times shall be made and	1390
considered part of the contract. SaidThe contract shall be	1391
approved by the board and signed by its chief executive officer	1392
and by the contractor, and shall be executed in duplicate.	1393

(B) Whenever a board of trustees of a regional airport	1394
authority or any officer or employee designated by the board makes	1395
a contract for the purchase of supplies or material or for labor	1396
for any work, the cost of which is greater than one thousand	1397
dollars but no more than fifteen thousand dollars, the board or	1398
designated officer or employee shall solicit informal estimates	1399
from no fewer than three potential suppliers before awarding the	1400
contract. With regard to each such contract, the board shall	1401
maintain a record of such estimates, including the name of each	1402
person from whom an estimate is solicited, for no less than one	1403
year after the contract is awardedThe competitive bidding	1404
procedures described in division (A) of this section do not apply	1405
in any of the following circumstances:	1406

(1) The board of trustees of a regional airport authority, by	1407
a majority vote of its members present at any meeting, determines	1408
that a real and present emergency exists under any of the	1409
following conditions, and the board enters its determination and	1410
the reasons for it in its proceedings:	1411

(a) Affecting safety, welfare, or the ability to deliver	1412
services;	1413

(b) Arising out of an interruption of contracts essential to	1414
the provision of daily air services and other services related to	1415
the airport;	1416

(c) Involving actual physical damage to structures, supplies,	1417
equipment, or property requiring immediate repair or replacement.	1418

(2) The purchase consists of goods or services, or any	1419
combination thereof, and after reasonable inquiry the board or any	1420
officer or designee of the board finds that only one source of	1421
supply is reasonably available.	1422

(3) The expenditure is for a renewal or renegotiation of a	1423
lease or license for telecommunications or informational	1424
technology equipment, services, or systems, or for the upgrade of	1425
such equipment, services, or systems, or for the maintenance	1426
thereof as supplied by the original source or its successors or	1427
assigns.	1428

(4) The purchase of goods or services is made from another	1429
political subdivision, public agency, public transit system,	1430
regional transit authority, the state, or the federal government,	1431
or as a third-party beneficiary under a state or federal	1432
procurement contract, or as a participant in a department of	1433
administrative services contract under division (B) of section	1434
125.04 of the Revised Code or under an approved purchasing plan of	1435
this state.	1436

(5) The purchase substantially involves services of a	1437
personal, professional, highly technical, or scientific nature,	1438
including the services of an attorney, physician, engineer,	1439
architect, surveyor, appraiser, investigator, adjuster,	1440
advertising consultant, or licensed broker, or involves the	1441
special skills or proprietary knowledge required for the operation	1442
of the airport owned by the regional transit authority.	1443

(6) Services or supplies are available from a qualified	1444
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	1445
Revised Code.	1446

(7) The purchase consists of the product or services of a	1447
public utility.	1448

Sec. 319.09. The county auditor, if authorized by a	1449
resolution of the board of county commissioners, may serve as the	1450
fiscal officer of any department, office, or agency of the county,	1451
except that the county auditor may not serve as the fiscal officer	1452
for the office of any county elected officer or any agency	1453
governed by an appointed board or commission without the written	1454
agreement of that elected officer or agency.	1455

Sec. 329.40.  (A)(1) The boards of county commissioners of	1456
the counties of Hocking, Ross, and Vinton, by entering into a	1457
written agreement, may form a joint county department of job and	1458
family services to perform the duties, provide the services, and	1459
operate the programs required under this chapter. The formation of	1460
this joint county department of job and family services is a pilot	1461
project. The agreement shall be ratified by resolution of the	1462
board of county commissioners of each county that entered into the	1463
agreement. Each board of county commissioners that enters into the	1464
agreement shall give notice of the agreement to the Ohio	1465
department of job and family services at least ninety days before	1466
the agreement's effective date. The agreement shall take effect	1467
not earlier than the first day of the calendar quarter following	1468
the ninety-day notice period. The director of job and family	1469
services shall adopt, as an internal management rule under section	1470
111.15 of the Revised Code, the form in which the notice shall be	1471
given.	1472

(2) The boards of county commissioners of the counties	1473
forming the joint county department shall constitute,	1474
collectively, the board of directors of the joint county	1475
department of job and family services. On the effective date of	1476
the agreement, the board of directors shall take control of and	1477
manage the joint county department subject to this chapter and all	1478
other sections of the Revised Code that govern the authority and	1479
responsibilities of a single board of county commissioners in the	1480
operation of a single county department of job and family	1481
services.	1482

(B)(1) The agreement to establish the joint county department	1483
shall specify all of the following:	1484

(a) The obligations of each board of county commissioners in	1485
operating the joint county department, including requiring each	1486
board to provide state, federal, and county funds to the operation	1487
of the joint county department and the schedule for provision of	1488
those funds;	1489

(b) How and which facilities, equipment, and personnel will	1490
be shared;	1491

(c) Procedures for the division of resources and obligations	1492
should a county or counties withdraw from the joint county	1493
department, or should the department cease to exist;	1494

(d) Any contributions of participating counties establishing	1495
the joint county department and the rights of those counties in	1496
lands or personal property, or rights or interests therein,	1497
contributed to or otherwise acquired by the joint county	1498
department.	1499

(2) The agreement to establish the joint county department	1500
may set forth any or all of the following:	1501

(a) Quality, timeliness, and other standards to be met by	1502
each county;	1503

(b) Which family service programs and functions are to be	1504
included in the joint county department;	1505

(c) Procedures for the operation of the board of directors,	1506
including procedures governing the frequency of meetings and the	1507
number of members of the board required to constitute a quorum to	1508
take action;	1509

(d) Any other procedures or standards necessary for the joint	1510
county department to perform its duties and operate efficiently.	1511

(C) The agreement may be amended by a majority vote of the	1512
board of directors of the joint county department, but no	1513
amendment shall divest a participating county of any right or	1514
interest in lands or personal property without its consent.	1515

(D) Costs incurred in operating the joint county department	1516
shall be paid from a joint general fund created by the board of	1517
directors, except as may be otherwise provided in the agreement.	1518

(E) A joint county department established under this section	1519
is a public office as defined in section 117.01 of the Revised	1520
Code.	1521

Sec. 505.012. A member of a board of township trustees may be	1522
elected or appointed to serve on the governing body of any	1523
district that is organized or created by the board of township	1524
trustees, including a district organized or created under section	1525
505.28, 505.37, 505.371, 505.375, 505.482, 505.71, 511.18, or	1526
6119.02 of the Revised Code.	1527

Sec. 505.60. The following applies until the department of	1528
administrative services implements for townships the health care	1529
plans under section 9.901 of the Revised Code. If those plans do	1530
not include or address any benefits listed in division (A) of this	1531
section, the following provisions continue in effect for those	1532
benefits.	1533

(A) As provided in this section and section 505.601 of the	1534
Revised Code, the board of township trustees of any township may	1535
procure and pay all or any part of the cost of insurance policies	1536
that may provide benefits for hospitalization, surgical care,	1537
major medical care, disability, dental care, eye care, medical	1538
care, hearing aids, prescription drugs, or sickness and accident	1539
insurance, or a combination of any of the foregoing types of	1540
insurance for township officers and employees. The board of	1541
township trustees of any township may negotiate and contract for	1542
the purchase of a policy of long-term care insurance for township	1543
officers and employees pursuant to section 124.841 of the Revised	1544
Code.	1545

If the board procures any insurance policies under this	1546
section, the board shall provide uniform coverage under these	1547
policies for township officers and full-time township employees	1548
and their immediate dependents, and may provide coverage under	1549
these policies for part-time township employees and their	1550
immediate dependents, from the funds or budgets from which the	1551
officers or employees are compensated for services, such policies	1552
to be issued by an insurance company duly authorized to do	1553
business in this state.	1554

(B) The board may also provide coverage for any or all of the	1555
benefits described in division (A) of this section by entering	1556
into a contract for group health care services with health	1557
insuring corporations holding certificates of authority under	1558
Chapter 1751. of the Revised Code for township officers and	1559
employees and their immediate dependents. If the board so	1560
contracts, it shall provide uniform coverage under any such	1561
contracts for township officers and full-time township employees	1562
and their immediate dependents, from the funds or budgets from	1563
which the officers or employees are compensated for services, and	1564
may provide coverage under such contracts for part-time township	1565
employees and their immediate dependents, from the funds or	1566
budgets from which the officers or employees are compensated for	1567
services, provided that each officer and employee so covered is	1568
permitted to:	1569

(1) Choose between a plan offered by an insurance company and	1570
a plan offered by a health insuring corporation, and provided	1571
further that the officer or employee pays any amount by which the	1572
cost of the plan chosen exceeds the cost of the plan offered by	1573
the board under this section;	1574

(2) Change the choice made under this division at a time each	1575
year as determined in advance by the board.	1576

An addition of a class or change of definition of coverage to	1577
the plan offered under this division by the board may be made at	1578
any time that it is determined by the board to be in the best	1579
interest of the township. If the total cost to the township of the	1580
revised plan for any trustee's coverage does not exceed that cost	1581
under the plan in effect during the prior policy year, the	1582
revision of the plan does not cause an increase in that trustee's	1583
compensation.	1584

(C) Any township officer or employee may refuse to accept any	1585
coverage authorized by this section without affecting the	1586
availability of such coverage to other township officers and	1587
employees.	1588

(D) If any township officer or employee is denied coverage	1589
under a health care plan procured under this section or if any	1590
township officer or employee elects not to participate in the	1591
township's health care plan, the township may reimburse the	1592
officer or employee for each out-of-pocket premium attributable to	1593
the coverage provided for the officer or employee for insurance	1594
benefits described in division (A) of this section that the	1595
officer or employee otherwise obtains, but not to exceed an amount	1596
equal to the average premium paid by the township for its officers	1597
and employees under any health care plan it procures under this	1598
section.	1599

(E) The board may provide the benefits authorized under this	1600
section, without competitive bidding, by contributing to a health	1601
and welfare trust fund administered through or in conjunction with	1602
a collective bargaining representative of the township employees.	1603

The board may also provide the benefits described in this	1604
section through an individual self-insurance program or a joint	1605
self-insurance program as provided in section 9.833 of the Revised	1606
Code.	1607

(F) If a board of township trustees fails to pay one or more	1608
premiums for a policy, contract, or plan of insurance or health	1609
care services authorized under this section and the failure causes	1610
a lapse, cancellation, or other termination of coverage under the	1611
policy, contract, or plan, it may reimburse a township officer or	1612
employee for, or pay on behalf of the officer or employee, any	1613
expenses incurred that would have been covered under the policy,	1614
contract, or plan.	1615

(G) As used in this section and section 505.601 of the	1616
Revised Code:	1617

(1) "Part-time township employee" means a township employee	1618
who is hired with the expectation that the employee will work not	1619
more than one thousand five hundred hours in any year.	1620

(2) "Premium" does not include any deductible or health care	1621
costs paid directly by a township officer or employee.	1622

Sec. 505.601. The following applies until the department of	1623
administrative services implements for townships the health care	1624
plans under section 9.901 of the Revised Code.	1625

If a board of township trustees does not procure an insurance	1626
policy or group health care services as provided in section 505.60	1627
of the Revised Code, the board of township trustees may reimburse	1628
any township officer or employee for each out-of-pocket premium	1629
attributable to the coverage provided for that officer or employee	1630
for insurance benefits described in division (A) of section 505.60	1631
of the Revised Code that the officer or employee otherwise	1632
obtains, if all of the following conditions are met:	1633

(A) The board of township trustees adopts a resolution that	1634
states that the township has chosen not to procure a health care	1635
plan under section 505.60 of the Revised Code and has chosen	1636
instead to reimburse its officers and employees for each	1637
out-of-pocket premium attributable to the coverage provided for	1638
them for insurance benefits described in division (A) of section	1639
505.60 of the Revised Code that they otherwise obtain.	1640

(B) That resolution provides for a uniform maximum monthly or	1641
yearly payment amount for each officer or employee to cover	1642
themselves and their immediate dependents, beyond which the	1643
township will not reimburse the officer or employee.	1644

(C) That resolution states the specific benefits listed in	1645
division (A) of section 505.60 of the Revised Code for which the	1646
township will reimburse all officers and employees of the	1647
township. The township may not reimburse officers and employees	1648
for benefits other than those listed in division (A) of section	1649
505.60 of the Revised Code.	1650

Sec. 505.603. The following applies until the department of	1651
administrative services implements for townships the health care	1652
plans under section 9.901 of the Revised Code. If those plans do	1653
not include or address any benefits incorporated in this section,	1654
the following provisions continue in effect for those benefits.	1655

(A) In addition to or in lieu of providing benefits to	1656
township officers and employees under section 505.60, 505.601, or	1657
505.602 of the Revised Code, a board of township trustees may	1658
offer benefits to officers and employees through a cafeteria plan	1659
that meets the requirements of section 125 of the "Internal	1660
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 125, as	1661
amended, after first adopting a policy authorizing an officer or	1662
employee to receive a cash payment in lieu of a benefit otherwise	1663
offered to township officers or employees under any of those	1664
sections, but only if the cash payment does not exceed twenty-five	1665
per cent of the cost of premiums or payments that otherwise would	1666
be paid by the board for benefits for the officer or employee	1667
under an offered policy, contract, or plan. No cash payment in	1668
lieu of a benefit shall be made pursuant to this section unless	1669
the officer or employee signs a statement affirming that the	1670
officer or employee is covered under another health insurance or	1671
health care policy, contract, or plan in the case of a health	1672
benefit, or a life insurance policy in the case of a life	1673
insurance benefit, and setting forth the name of the employer, if	1674
any, that sponsors the coverage, the name of the carrier that	1675
provides the coverage, and an identifying number of the applicable	1676
policy, contract, or plan.	1677

(B) In addition to providing the benefits to township	1678
officers and employees under section 505.60, 505.601, or 505.602	1679
of the Revised Code, a board of township trustees may offer a	1680
health and wellness benefit program through which the township	1681
provides a benefit or incentive to township officers, employees,	1682
and their immediate dependents to maintain a healthy lifestyle,	1683
including, but not limited to, programs to encourage healthy	1684
eating and nutrition, exercise and physical activity, weight	1685
control or the elimination of obesity, and cessation of smoking or	1686
alcohol use.	1687

(C) The township fiscal officer may deduct from a township	1688
employee's salary or wages the amount authorized to be paid by the	1689
employee for one or more qualified benefits available under	1690
section 125 of the "Internal Revenue Code of 1986," 26 U.S.C. 125,	1691
and under the sections listed in division (B) of this section, if	1692
the employee authorizes in writing that the township fiscal	1693
officer may deduct that amount from the employee's salary or	1694
wages, and the benefit is offered to the employee on a group basis	1695
and at least ten per cent of the township employees voluntarily	1696
elect to participate in the receipt of that benefit. The township	1697
fiscal officer may issue warrants for amounts deducted under this	1698
division to pay program administrators or other insurers for	1699
benefits authorized under this section or those sections listed in	1700
division (B) of this section.	1701

Sec. 511.23.  (A) When the vote under section 511.22 of the	1702
Revised Code is in favor of establishing one or more public parks,	1703
the board of park commissioners shall constitute a board, to be	1704
called the board of park commissioners of that township park	1705
district, and they shall be a body politic and corporate. Their	1706
office is not a township office within the meaning of section	1707
703.22 of the Revised Code but is an office of the township park	1708
district. The members of the board shall serve without	1709
compensation but shall be allowed their actual and necessary	1710
expenses incurred in the performance of their duties.	1711

(B) The board may locate, establish, improve, maintain, and	1712
operate a public park or parks in accordance with division (B) of	1713
section 511.18 of the Revised Code, with or without recreational	1714
facilities. Any township park district that contains only	1715
unincorporated territory and that operated a public park or parks	1716
outside the township immediately prior to July 18, 1990, may	1717
continue to improve, maintain, and operate these parks outside the	1718
township, but further acquisitions of land shall not affect the	1719
boundaries of the park district itself or the appointing authority	1720
for the board of park commissioners.	1721

The board may lease, accept a conveyance of, or purchase	1722
suitable lands for cash, by purchase by installment payments with	1723
or without a mortgage, by lease or lease-purchase agreements, or	1724
by lease with option to purchase, may acquire suitable lands	1725
through an exchange under section 511.241 of the Revised Code, or	1726
may appropriate suitable lands and materials for park district	1727
purposes. The board also may lease facilities from other political	1728
subdivisions or private sources. The board shall have careful	1729
surveys and plats made of the lands acquired for park district	1730
purposes and shall establish permanent monuments on the boundaries	1731
of the lands. Those plats, when executed according to sections	1732
711.01 to 711.38 of the Revised Code, shall be recorded in the	1733
office of the county recorder, and those records shall be	1734
admissible in evidence for the purpose of locating and	1735
ascertaining the true boundaries of the park or parks.	1736

(C) In furtherance of the use and enjoyment of the lands	1737
controlled by it, the board may accept donations of money or other	1738
property or act as trustees of land, money, or other property, and	1739
may use and administer the land, money, or other property as	1740
stipulated by the donor or as provided in the trust agreement.	1741

The board may receive and expend grants for park purposes	1742
from agencies and instrumentalities of the United States and this	1743
state and may enter into contracts or agreements with those	1744
agencies and instrumentalities to carry out the purposes for which	1745
the grants were furnished.	1746

(D) In exercising any powers conferred upon the board under	1747
divisions (B) and (C) of this section and for other types of	1748
assistance that the board finds necessary in carrying out its	1749
duties, the board may hire and contract for professional,	1750
technical, consulting, and other special services and may purchase	1751
goods and award contracts. The procuring of goods and awarding of	1752
contracts with a cost in excess of fifty thousand dollars shall be	1753
done in accordance with the procedures established for the board	1754
of county commissioners by sections 307.86 to 307.91 of the	1755
Revised Code.	1756

(E) The board may appoint an executive for the park or parks	1757
and may designate the executive or another person as the clerk of	1758
the board. It may appoint all other necessary officers and	1759
employees, fix their compensation, and prescribe their duties, or	1760
it may require the executive to appoint all other necessary	1761
officers and employees, and to fix their compensation and	1762
prescribe their duties, in accordance with guidelines and policies	1763
adopted by the board.	1764

(F) The board may adopt bylaws and rules that it considers	1765
advisable for the following purposes:	1766

(1) To prohibit selling, giving away, or using any	1767
intoxicating liquors in the park or parks;	1768

(2) For the government and control of the park or parks and	1769
the operation of motor vehicles in the park or parks;	1770

(3) To provide for the protection and preservation of all	1771
property and natural life within its jurisdiction.	1772

Before the bylaws and rules take effect, the board shall	1773
provide for a notice of their adoption to be published once a week	1774
for two consecutive weeks or as provided in section 7.16 of the	1775
Revised Code, in a newspaper of general circulation in the county	1776
within which the park district is located.	1777

No person shall violate any of the bylaws or rules. Fines	1778
levied and collected for violations shall be paid into the	1779
treasury of the township park district. The board may use moneys	1780
collected from those fines for any purpose that is not	1781
inconsistent with sections 511.18 to 511.37 of the Revised Code.	1782

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

1783

(1) Establish and charge fees for the use of any facilities	1784
and services of the park or parks regardless of whether the park	1785
or parks were acquired before, on, or after September 21, 2000;	1786

(2) Enter into a lease agreement with an individual or	1787
organization that provides for the exclusive use of a specified	1788
portion of the park or parks within the township park district by	1789
that individual or organization for the duration of an event	1790
produced by the individual or organization. The board, for the	1791
specific portion of the park or parks covered by the lease	1792
agreement, may charge a fee to, or permit the individual or	1793
organization to charge a fee to, participants in and spectators at	1794
the event covered by the agreement.	1795

(H) If the board finds that real or personal property owned	1796
by the township park district is not currently needed for park	1797
purposes, the board may lease that property to other persons or	1798
organizations during any period of time the board determines the	1799
property will not be needed. If the board finds that competitive	1800
bidding on a lease is not feasible, it may lease the property	1801
without taking bids.	1802

(I) The board may exchange property owned by the township	1803
park district for property owned by the state, another political	1804
subdivision, or the federal government on terms that it considers	1805
desirable, without the necessity of competitive bidding.	1806

(J) Any rights or duties established under this section may	1807
be modified, shared, or assigned by an agreement pursuant to	1808
section 755.16 of the Revised Code.	1809

Sec. 703.21.  The surrender of corporate powers by a village	1810
under section 703.20 or 703.201 of the Revised Code does not	1811
affect vested rights or accrued liabilities of the village, or the	1812
power to settle claims, dispose of property, or levy and collect	1813
taxes to pay existing obligations. But, after the presentation of	1814
the petition mentioned in section 703.20 of the Revised Code or	1815
receipt of the audit report and notice mentioned in section	1816
703.201 of the Revised Code, the legislative authority of the	1817
village shall not create any new liability until the result of the	1818
election under section 703.20 of the Revised Code is declared or	1819
the decision of the court of common pleas under division (C) of	1820
section 703.201 of the Revised Code is declared, or thereafter, if	1821
the result, in either case, is for the surrender of the village's	1822
corporate powers. If the auditor of state notifies the village	1823
that the attorney general may file a legal action under section	1824
703.201 of the Revised Code, but the attorney general does not	1825
file such an action, the village shall not create any new	1826
liability for thirty days after receipt of the auditor of state's	1827
notice.	1828

Due and unpaid taxes may be collected after the surrender of	1829
corporate powers, and all moneys or property remaining after the	1830
surrender belongs to the township or townships located wholly or	1831
partly within the village. If more than one township is to receive	1832
the remaining money or property, the money and property shall be	1833
divided among the townships in proportion to the amount of	1834
territory that each township has within the village boundaries as	1835
compared to the total territory within the village.	1836

After the surrender of corporate powers, all resolutions of	1837
the township or townships into which the village's territory was	1838
dissolved shall apply throughout the township's newly included	1839
territory.	1840

Sec. 731.141.  In those villages that have established the	1841
position of village administrator, as provided by section 735.271	1842
of the Revised Code, the village administrator shall make	1843
contracts, purchase supplies and materials, and provide labor for	1844
any work under the administrator's supervision involving not more	1845
than twenty-fivefifty thousand dollars. When an expenditure,	1846
other than the compensation of persons employed by the village,	1847
exceeds twenty-fivefifty thousand dollars, the expenditure shall	1848
first be authorized and directed by ordinance of the legislative	1849
authority of the village. When so authorized and directed, except	1850
where the contract is for equipment, services, materials, or	1851
supplies to be purchased under division (D) of section 713.23 or	1852
section 125.04 or 5513.01 of the Revised Code, available from a	1853
qualified nonprofit agency pursuant to sections 4115.31 to 4115.35	1854
of the Revised Code, or required to be purchased from a qualified	1855
nonprofit agency under sections 125.60 to 125.6012 of the Revised	1856
Code, the village administrator shall make a written contract with	1857
the lowest and best bidder after advertisement for not less than	1858
two nor more than four consecutive weeks in a newspaper of general	1859
circulation within the village or as provided in section 7.16 of	1860
the Revised Code. The bids shall be opened and shall be publicly	1861
read by the village administrator or a person designated by the	1862
village administrator at the time, date, and place as specified in	1863
the advertisement to bidders or specifications. The time, date,	1864
and place of bid openings may be extended to a later date by the	1865
village administrator, provided that written or oral notice of the	1866
change shall be given to all persons who have received or	1867
requested specifications no later than ninety-six hours prior to	1868
the original time and date fixed for the opening. All contracts	1869
shall be executed in the name of the village and signed on its	1870
behalf by the village administrator and the clerk.	1871

The legislative authority of a village may provide, by	1872
ordinance, for central purchasing for all offices, departments,	1873
divisions, boards, and commissions of the village, under the	1874
direction of the village administrator, who shall make contracts,	1875
purchase supplies or materials, and provide labor for any work of	1876
the village in the manner provided by this section.	1877

Sec. 735.05.  The director of public service may make any	1878
contract, purchase supplies or material, or provide labor for any	1879
work under the supervision of the department of public service	1880
involving not more than twenty-fivefifty thousand dollars. When	1881
an expenditure within the department, other than the compensation	1882
of persons employed in the department, exceeds twenty-fivefifty	1883
thousand dollars, the expenditure shall first be authorized and	1884
directed by ordinance of the city legislative authority. When so	1885
authorized and directed, except where the contract is for	1886
equipment, services, materials, or supplies to be purchased under	1887
division (D) of section 713.23 or section 125.04 or 5513.01 of the	1888
Revised Code or available from a qualified nonprofit agency	1889
pursuant to sections 4115.31 to 4115.35 of the Revised Code, the	1890
director shall make a written contract with the lowest and best	1891
bidder after advertisement for not less than two nor more than	1892
four consecutive weeks in a newspaper of general circulation	1893
within the city or as provided in section 7.16 of the Revised	1894
Code.	1895

Sec. 737.03.  The director of public safety shall manage and	1896
make all contracts with reference to police stations, fire houses,	1897
reform schools, infirmaries, hospitals other than municipal	1898
hospitals operated pursuant to Chapter 749. of the Revised Code,	1899
workhouses, farms, pesthouses, and all other charitable and	1900
reformatory institutions. In the control and supervision of those	1901
institutions, the director shall be governed by the provisions of	1902
Title VII of the Revised Code relating to those institutions.	1903

The director may make all contracts and expenditures of money	1904
for acquiring lands for the erection or repairing of station	1905
houses, police stations, fire department buildings, fire cisterns,	1906
and plugs, that are required, for the purchase of engines,	1907
apparatus, and all other supplies necessary for the police and	1908
fire departments, and for other undertakings and departments under	1909
the director's supervision, but no obligation involving an	1910
expenditure of more than twenty-fivefifty thousand dollars shall	1911
be created unless first authorized and directed by ordinance. In	1912
making, altering, or modifying those contracts, the director shall	1913
be governed by sections 735.05 to 735.09 of the Revised Code,	1914
except that all bids shall be filed with and opened by the	1915
director. The director shall make no sale or disposition of any	1916
property belonging to the city without first being authorized by	1917
resolution or ordinance of the city legislative authority.	1918

Sec. 749.26.  The board of hospital trustees, before entering	1919
into any contract for the erection of a hospital building, or for	1920
the rebuilding or repair of a hospital building, the cost of which	1921
exceeds tenfifty thousand dollars, shall have plans,	1922
specifications, detailed drawings, and forms of bids prepared, and	1923
when adopted by the board it shall have them printed for	1924
distribution among the bidders.	1925

Sec. 749.28.  The board of hospital trustees shall not enter	1926
into a contract for work or supplies where the estimated cost	1927
exceeds tenfifty thousand dollars, without first giving thirty	1928
days' notice in one newspaper of general circulation in the	1929
municipal corporation that sealed proposals will be received for	1930
doing the work or furnishing the materials and supplies.	1931

Sec. 749.31.  Except where the contract is for equipment,	1932
services, materials, or supplies available from a qualified	1933
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	1934
Revised Code, the board of hospital trustees shall enter into a	1935
contract for work or supplies where the estimated cost exceeds ten	1936
fifty thousand dollars with the lowest and best bidder. Where the	1937
contract is for other than the construction, demolition,	1938
alteration, repair, or reconstruction of an improvement, the board	1939
shall enter into the contract when the bidder gives bond to the	1940
board, with such security as the board approves, that hethe	1941
bidder will perform the work and furnish materials or supplies in	1942
accordance with the contract. On the failure of such bidder within	1943
a reasonable time, to be fixed by the board, to enter into bond	1944
with such security, a contract may be made with the next lowest	1945
and best bidder, and so on until a contract is effected by a	1946
contractor giving such bond. The board may reject any bid.	1947

Sec. 753.15.  (A) Except as provided in division (B) of this	1948
section, in a city, a workhouse erected for the joint use of the	1949
city and the county in which such city is located shall be managed	1950
and controlled by a joint board composed of the board of county	1951
commissioners and the board of control of the city, and in a	1952
village by the board of county commissioners and the board of	1953
trustees of public affairs. Such joint board shall have all the	1954
powers and duties in the management, control, and maintenance of	1955
such workhouse as are conferred upon the director of public safety	1956
in cities, and in addition thereto it may construct sewers for	1957
such workhouse and pay therefor from funds raised by taxation for	1958
the maintenance of such institution.	1959

The joint board may lease or purchase suitable property and	1960
buildings for a workhouse, or real estate for the purpose of	1961
erecting and maintaining a workhouse thereon, but it shall not	1962
expend more than tenfifty thousand dollars for any such purpose	1963
unless such amount is approved by a majority of the voters of the	1964
county, exclusive of the municipal corporation, voting at a	1965
general election.	1966

(B) In lieu of forming a joint board to manage and control a	1967
workhouse erected for the joint use of the city and the county in	1968
which the city is located, the board of county commissioners and	1969
the legislative authority of the city may enter into a contract	1970
for the private operation and management of the workhouse as	1971
provided in section 9.06 of the Revised Code, but only if the	1972
workhouse is used solely for misdemeanant inmates. In order to	1973
enter into a contract under section 9.06 of the Revised Code, both	1974
the board and the legislative authority shall approve and be	1975
parties to the contract.	1976

Sec. 755.29.  The board of park trustees, before entering	1977
into any contract for the performance of any work, the cost of	1978
which exceeds twenty-fivefifty thousand dollars, shall cause	1979
plans and specifications and forms of bids to be prepared, and	1980
when adopted by the board, shall have them printed for	1981
distribution among bidders.	1982

Sec. 755.30.  The board of park trustees shall not enter into	1983
any contract for work or supplies, where the estimated cost	1984
thereof exceeds tenfifty thousand dollars, without first giving	1985
thirty days' notice in one newspaper of general circulation in the	1986
municipal corporation that sealed proposals may be received for	1987
doing the work or furnishing such materials and supplies.	1988

Sec. 1545.07.  The commissioners appointed in accordance with	1989
section 1545.05 or pursuant to section 1545.041 of the Revised	1990
Code shall constitute the board of park commissioners of the park	1991
district. Such board shall be a body politic and corporate, and	1992
may sue and be sued as provided in sections 1545.01 to 1545.28 of	1993
the Revised Code. Such board may employ a secretary and such other	1994
employees as are necessary in the performance of the powers	1995
conferred in such sections. The board may appoint a treasurer to	1996
act as custodian of the board's funds and as fiscal officer for	1997
the park district. For the purposes of acquiring, planning,	1998
developing, protecting, maintaining, or improving lands and	1999
facilities thereon under section 1545.11 of the Revised Code, and	2000
for other types of assistance which it finds necessary in carrying	2001
out its duties under Chapter 1545. of the Revised Code, the board	2002
may hire and contract for professional, technical, consulting, and	2003
other special services, including, in accordance with division (D)	2004
of section 309.09 of the Revised Code, the legal services of the	2005
prosecuting attorney of the county in which the park district is	2006
located, and may purchase goods. In procuring any goods with a	2007
cost in excess of fifty thousand dollars, the board shall contract	2008
as a contracting authority under sections 307.86 to 307.91 of the	2009
Revised Code, to the same extent and with the same limitations as	2010
a board of county commissioners. In procuring services, the board	2011
shall contract in the manner and under procedures established by	2012
the bylaws of the board as required in section 1545.09 of the	2013
Revised Code.	2014

Sec. 2907.27.  (A)(1) If a person is charged with a violation	2015
of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or	2016
2907.25 of the Revised Code or with a violation of a municipal	2017
ordinance that is substantially equivalent to any of those	2018
sections, the arresting authorities or a court, upon the request	2019
of the prosecutor in the case or upon the request of the victim,	2020
shall cause the accused to submit to one or more appropriate tests	2021
to determine if the accused is suffering from a venereal disease.	2022
The court, upon the request of the prosecutor in the case or upon	2023
the request of the victim shall cause the accused to submit to one	2024
or more appropriate tests to determine if the accused is suffering	2025
from the human immunodeficiency virus (HIV) within forty-eight	2026
hours after the date on which the complaint, information, or	2027
indictment is filed or within forty-eight hours after the date on	2028
which the complaint, information, or indictment is served on the	2029
accused, whichever date is later. Nothing in this section shall be	2030
construed to prevent the court from ordering at any time during	2031
which the complaint, information, or indictment is pending, that	2032
the accused submit to one or more appropriate tests to determine	2033
if the accused is suffering from a venereal disease or from the	2034
human immunodeficiency virus (HIV).	2035

(2) If the accused is found to be suffering from a venereal	2036
disease in an infectious stage, the accused shall be required to	2037
submit to medical treatment for that disease. The cost of the	2038
medical treatment shall be charged to and paid by the accused who	2039
undergoes the treatment. If the accused is indigent, the court	2040
shall order the accused to report to a facility operated by a city	2041
health district or a general health district for treatment. If the	2042
accused is convicted of or pleads guilty to the offense with which	2043
the accused is charged and is placed under a community control	2044
sanction, a condition of community control shall be that the	2045
offender submit to and faithfully follow a course of medical	2046
treatment for the venereal disease. If the offender does not seek	2047
the required medical treatment, the court may revoke the	2048
offender's community control and order the offender to undergo	2049
medical treatment during the period of the offender's	2050
incarceration and to pay the cost of that treatment.	2051

(B)(1)(a) If a person is charged with a violation of division	2052
(B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04,	2053
2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised	2054
Code or with a violation of a municipal ordinance that is	2055
substantially equivalent to that division or any of those	2056
sections, the court, upon the request of the prosecutor in the	2057
case, upon the request of the victim, or upon the request of any	2058
other person whom the court reasonably believes had contact with	2059
the accused in circumstances related to the violation that could	2060
have resulted in the transmission to that person the human	2061
immunodeficiency virus, shall cause the accused to submit to one	2062
or more tests designated by the director of health under section	2063
3701.241 of the Revised Code to determine if the accused is	2064
infected with HIV. The court, upon the request of the prosecutor	2065
in the case, upon the request of the victim with the agreement of	2066
the prosecutor, or upon the request of any other person with the	2067
agreement of the prosecutor, may cause an accused who is charged	2068
with a violation of any other section of the Revised Code or with	2069
a violation of any other municipal ordinance to submit to one or	2070
more tests so designated by the director of health if the	2071
circumstances of the violation indicate probable cause to believe	2072
that the accused, if the accused is infected with HIV, might have	2073
transmitted HIV to any of the following persons in committing the	2074
violation:	2075

(i) In relation to a request made by the prosecuting	2076
attorney, to the victim or to any other person;	2077

(ii) In relation to a request made by the victim, to the	2078
victim making the request;	2079

(iii) In relation to a request made by any other person, to	2080
the person making the request.	2081

(b) The results of a test performed under division (B)(1)(a)	2082
of this section shall be communicated in confidence to the court,	2083
and the court shall inform the accused of the result. The court	2084
shall inform the victim that the test was performed and that the	2085
victim has a right to receive the results on request. If the test	2086
was performed upon the request of a person other than the	2087
prosecutor in the case and other than the victim, the court shall	2088
inform the person who made the request that the test was performed	2089
and that the person has a right to receive the results upon	2090
request. Additionally, regardless of who made the request that was	2091
the basis of the test being performed, if the court reasonably	2092
believes that, in circumstances related to the violation, a person	2093
other than the victim had contact with the accused that could have	2094
resulted in the transmission of HIV to that person, the court may	2095
inform that person that the test was performed and that the person	2096
has a right to receive the results of the test on request. If the	2097
accused tests positive for HIV, the test results shall be reported	2098
to the department of health in accordance with section 3701.24 of	2099
the Revised Code and to the sheriff, head of the state	2100
correctional institution, or other person in charge of any jail or	2101
prison in which the accused is incarcerated. If the accused tests	2102
positive for HIV and the accused was charged with, and was	2103
convicted of or pleaded guilty to, a violation of section 2907.24,	2104
2907.241, or 2907.25 of the Revised Code or a violation of a	2105
municipal ordinance that is substantially equivalent to any of	2106
those sections, the test results also shall be reported to the law	2107
enforcement agency that arrested the accused, and the law	2108
enforcement agency may use the test results as the basis for any	2109
future charge of a violation of division (B) of any of those	2110
sections or a violation of a municipal ordinance that is	2111
substantially equivalent to division (B) of any of those sections.	2112
No other disclosure of the test results or the fact that a test	2113
was performed shall be made, other than as evidence in a grand	2114
jury proceeding or as evidence in a judicial proceeding in	2115
accordance with the Rules of Evidence. If the test result is	2116
negative, and the charge has not been dismissed or if the accused	2117
has been convicted of the charge or a different offense arising	2118
out of the same circumstances as the offense charged, the court	2119
shall order that the test be repeated not earlier than three	2120
months nor later than six months after the original test.	2121

(2) If an accused who is free on bond refuses to submit to a	2122
test ordered by the court pursuant to division (B)(1) of this	2123
section, the court may order that the accused's bond be revoked	2124
and that the accused be incarcerated until the test is performed.	2125
If an accused who is incarcerated refuses to submit to a test	2126
ordered by the court pursuant to division (B)(1) of this section,	2127
the court shall order the person in charge of the jail or prison	2128
in which the accused is incarcerated to take any action necessary	2129
to facilitate the performance of the test, including the forcible	2130
restraint of the accused for the purpose of drawing blood to be	2131
used in the test.	2132

(3) A state agency, a political subdivision of the state, or	2133
an employee of a state agency or of a political subdivision of the	2134
state is immune from liability in a civil action to recover	2135
damages for injury, death, or loss to person or property allegedly	2136
caused by any act or omission in connection with the performance	2137
of the duties required under division (B)(2) of this section	2138
unless the acts or omissions are with malicious purpose, in bad	2139
faith, or in a wanton or reckless manner.	2140

(C) As used in this section:

2141

(1) "Community control sanction" has the same meaning as in	2142
section 2929.01 of the Revised Code.	2143

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

2144

Sec. 3316.04.  (A) Within sixty days of the auditor's	2145
declaration under division (A) of section 3316.03 of the Revised	2146
Code, the board of education of the school district shall prepare	2147
and submit to the superintendent of public instruction a financial	2148
plan delineating the steps the board will take to eliminate the	2149
district's current operating deficit and avoid incurring operating	2150
deficits in ensuing years, including the implementation of	2151
spending reductions. The financial plan also shall evaluate the	2152
feasibility of entering into shared services agreements with other	2153
political subdivisions for the joint exercise of any power,	2154
performance of any function, or rendering of any service, if so	2155
authorized by statute. The superintendent of public instruction	2156
shall evaluate the initial financial plan, and either approve or	2157
disapprove it within thirty calendar days from the date of its	2158
submission. If the initial financial plan is disapproved, the	2159
state superintendent shall recommend modifications that will	2160
render the financial plan acceptable. No school district board	2161
shall implement a financial plan submitted to the superintendent	2162
of public instruction under this section unless the superintendent	2163
has approved the plan.	2164

(B) Upon request of the board of education of a school	2165
district declared to be in a state of fiscal watch, the auditor of	2166
state and superintendent of public instruction shall provide	2167
technical assistance to the board in resolving the fiscal problems	2168
that gave rise to the declaration, including assistance in	2169
drafting the board's financial plan.	2170

(C) A financial plan adopted under this section may be	2171
amended at any time with the approval of the superintendent. The	2172
board of education of the school district shall submit an updated	2173
financial plan to the superintendent, for the superintendent's	2174
approval, every year that the district is in a state of fiscal	2175
watch. The updated plan shall be submitted in a form acceptable to	2176
the superintendent. The superintendent shall approve or disapprove	2177
each updated plan no later than the anniversary of the date on	2178
which the first such plan was approved.	2179

(D) A school district that has restructured or refinanced a	2180
loan under section 3316.041 of the Revised Code shall be declared	2181
to be in a state of fiscal emergency if any of the following	2182
occurs:	2183

(1) An operating deficit is certified for the district under	2184
section 3313.483 of the Revised Code for any year prior to the	2185
repayment of the restructured or refinanced loan;	2186

(2) The superintendent determines, in consultation with the	2187
auditor of state, that the school district is not satisfactorily	2188
complying with the terms of the financial plan required by this	2189
section;	2190

(3) The board of education of the school district fails to	2191
submit an updated plan that is acceptable to the superintendent	2192
under division (C) of this section.	2193

Sec. 3316.06.  (A) Within one hundred twenty days after the	2194
first meeting of a school district financial planning and	2195
supervision commission, the commission shall adopt a financial	2196
recovery plan regarding the school district for which the	2197
commission was created. During the formulation of the plan, the	2198
commission shall seek appropriate input from the school district	2199
board and from the community. This plan shall contain the	2200
following:	2201

(1) Actions to be taken to:

2202

(a) Eliminate all fiscal emergency conditions declared to	2203
exist pursuant to division (B) of section 3316.03 of the Revised	2204
Code;	2205

(b) Satisfy any judgments, past-due accounts payable, and all	2206
past-due and payable payroll and fringe benefits;	2207

(c) Eliminate the deficits in all deficit funds, except that	2208
any prior year deficits in the capital and maintenance fund	2209
established pursuant to section 3315.18 of the Revised Code shall	2210
be forgiven;	2211

(d) Restore to special funds any moneys from such funds that	2212
were used for purposes not within the purposes of such funds, or	2213
borrowed from such funds by the purchase of debt obligations of	2214
the school district with the moneys of such funds, or missing from	2215
the special funds and not accounted for, if any;	2216

(e) Balance the budget, avoid future deficits in any funds,	2217
and maintain on a current basis payments of payroll, fringe	2218
benefits, and all accounts;	2219

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

2220

(g) Restore the ability of the school district to market	2221
long-term general obligation bonds under provisions of law	2222
applicable to school districts generally.	2223

(2) The management structure that will enable the school	2224
district to take the actions enumerated in division (A)(1) of this	2225
section. The plan shall specify the level of fiscal and management	2226
control that the commission will exercise within the school	2227
district during the period of fiscal emergency, and shall	2228
enumerate respectively, the powers and duties of the commission	2229
and the powers and duties of the school board during that period.	2230
The commission may elect to assume any of the powers and duties of	2231
the school board it considers necessary, including all powers	2232
related to personnel, curriculum, and legal issues in order to	2233
successfully implement the actions described in division (A)(1) of	2234
this section.	2235

(3) The target dates for the commencement, progress upon, and	2236
completion of the actions enumerated in division (A)(1) of this	2237
section and a reasonable period of time expected to be required to	2238
implement the plan. The commission shall prepare a reasonable time	2239
schedule for progress toward and achievement of the requirements	2240
for the plan, and the plan shall be consistent with that time	2241
schedule.	2242

(4) The amount and purpose of any issue of debt obligations	2243
that will be issued, together with assurances that any such debt	2244
obligations that will be issued will not exceed debt limits	2245
supported by appropriate certifications by the fiscal officer of	2246
the school district and the county auditor. Debt obligations	2247
issued pursuant to section 133.301 of the Revised Code shall	2248
include assurances that such debt shall be in an amount not to	2249
exceed the amount certified under division (B) of such section. If	2250
the commission considers it necessary in order to maintain or	2251
improve educational opportunities of pupils in the school	2252
district, the plan may include a proposal to restructure or	2253
refinance outstanding debt obligations incurred by the board under	2254
section 3313.483 of the Revised Code contingent upon the approval,	2255
during the period of the fiscal emergency, by district voters of a	2256
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	2257
5748.02, 5748.08, or 5748.09 of the Revised Code that is not a	2258
renewal or replacement levy, or a levy under section 5705.199 of	2259
the Revised Code, and that will provide new operating revenue.	2260
Notwithstanding any provision of Chapter 133. or sections 3313.483	2261
to 3313.4811 of the Revised Code, following the required approval	2262
of the district voters and with the approval of the commission,	2263
the school district may issue securities to evidence the	2264
restructuring or refinancing. Those securities may extend the	2265
original period for repayment, not to exceed ten years, and may	2266
alter the frequency and amount of repayments, interest or other	2267
financing charges, and other terms of agreements under which the	2268
debt originally was contracted, at the discretion of the	2269
commission, provided that any loans received pursuant to section	2270
3313.483 of the Revised Code shall be paid from funds the district	2271
would otherwise receive under Chapter 3317. of the Revised Code,	2272
as required under division (E)(3) of section 3313.483 of the	2273
Revised Code. The securities issued for the purpose of	2274
restructuring or refinancing the debt shall be repaid in equal	2275
payments and at equal intervals over the term of the debt and are	2276
not eligible to be included in any subsequent proposal for the	2277
purpose of restructuring or refinancing debt under this section.	2278

(5) An evaluation of the feasibility of entering into shared	2279
services agreements with other political subdivisions for the	2280
joint exercise of any power, performance of any function, or	2281
rendering of any service, if so authorized by statute.	2282

(B) Any financial recovery plan may be amended subsequent to	2283
its adoption. Each financial recovery plan shall be updated	2284
annually.	2285

(C) Each school district financial planning and supervision	2286
commission shall submit the financial recovery plan it adopts or	2287
updates under this section to the state superintendent of public	2288
instruction for approval immediately following its adoption or	2289
updating. The state superintendent shall evaluate the plan and	2290
either approve or disapprove it within thirty calendar days from	2291
the date of its submission. If the plan is disapproved, the state	2292
superintendent shall recommend modifications that will render it	2293
acceptable. No financial planning and supervision commission shall	2294
implement a financial recovery plan that is adopted or updated on	2295
or after April 10, 2001, unless the state superintendent has	2296
approved it.	2297

Sec. 3709.08. (A) A city constitutingboard of health of a	2298
city or general health district or the authority having the duties	2299
of a board of health under section 3709.05 of the Revised Code may	2300
enter into a contract forto provide some or all public health	2301
service with the chief executiveservices for a board of health of	2302
another city constituting a cityor general health district with	2303
the approval of a majority of the members of the legislative	2304
authority of such city or with the chairman of the district	2305
advisory council of the general health district with the approval	2306
of a majority of the members of the district advisory council.	2307
Such proposal shall be made by the city seeking health service and	2308
shall be approved by a majority of the members of the legislative	2309
authority of such city. Such a	2310

(B) Each contract entered under division (A) of this section	2311
shall do all of the following:	2312

(A)(1) State the amount of money or the proportion of	2313
expenses to be paid by the cityboard of health or authority	2314
having the duties of a board of health for such serviceservices	2315
and how it is to be paid;	2316

(B) Provide for(2) Specify the amount and character of the	2317
public health serviceservices to be given to the city health	2318
districtprovided;	2319

(C)(3) State the date on which such service shallthe	2320
provision of services is to begin;	2321

(D)(4) State the length of time suchthe contract shallis to	2322
be in effect.	2323

No such(C) Except as provided in division (D) of this	2324
section, no contract entered into under division (A) of this	2325
section shall be in effect until the departmentboth of the	2326
following are the case:	2327

(1) The director of health determines that the health	2328
department or board of health of the city or generalor authority	2329
having the duties of a board of health district providing such	2330
servicethat is to provide the services is organized and equipped	2331
to provide adequate health servicethe services. After such	2332
contract has been approved by the department of healtha	2333
determination is made, the board of health or health department of	2334
the city or generalauthority having the duties of a board of	2335
health district providing such servicethe services shall have,	2336
within the city health district receiving such servicethe	2337
services, all the powers and shall perform all the duties required	2338
of the board of health of a cityor the authority having the	2339
duties of a board of health district.	2340

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

2341

(a) If the contract is with a city constituting a city health	2342
district, the chief executive of that city, with the approval of	2343
the majority of the members of the legislative authority of that	2344
city, approves the contract.	2345

(b) If the contract is with the board of health of a general	2346
health district, the chairperson of the district advisory council	2347
of the general health district, with the approval of a majority of	2348
the members of the district advisory council, approves the	2349
contract.	2350

(c) If the contract is with an authority having the duties of	2351
a board of health under section 3709.05 of the Revised Code, the	2352
majority of the members of the authority's governing body approves	2353
the contract.	2354

(D) A contract entered into under division (A) of this	2355
section that is for not all but for only one or some public health	2356
services provided by a board of health or the authority having the	2357
duties of a board of health shall neither require a determination	2358
by the director of health described in division (C)(1) of this	2359
section nor an approval by the persons described in division	2360
(C)(2)(a), (b), or (c), as applicable, to be effective.	2361

Sec. 3709.28. The(A) If a general health district will	2362
receive any part of its revenue for a fiscal year from an	2363
appropriation apportioned among the townships and municipal	2364
corporations composing the district, the board of health of a	2365
general healththe district shall, annually, on or before the	2366
first Monday of April, adopt an itemized appropriation measure.	2367
Suchunder this section for that fiscal year on or before the	2368
first day of April of the immediately preceding fiscal year. If a	2369
general health district will not receive any part of its revenue	2370
for a fiscal year from an appropriation apportioned among the	2371
townships and municipal corporations composing the district, the	2372
board of health of the district shall adopt an annual	2373
appropriation measure for that fiscal year under this section or	2374
sections 5705.38, 5705.39, and 5705.40 of the Revised Code.	2375

(B) An appropriation measure adopted under this section shall	2376
set forth the amounts for the current expenses of suchthe	2377
district for the ensuing fiscal year beginning on the first day of	2378
January next ensuing. The appropriation measure, together with an	2379
estimate in itemized form, of the several sources of revenue	2380
available to the district, including the amount due from the state	2381
for the next fiscal year as provided in section 3709.32 of the	2382
Revised Code and the amount which the board anticipates will be	2383
collected in fees or from any tax levied for the benefit of the	2384
district under this chapter or Chapter 5705. of the Revised Code	2385
during the next ensuing fiscal year, shall be certified to the	2386
county auditor and by the county auditor submitted to the county	2387
budget commission, which may reduce any item in suchthe	2388
appropriation measure but may not increase any item or the	2389
aggregate of all itemsto be apportioned among the townships and	2390
municipal corporations composing the district in accordance with	2391
division (C) of this section.	2392

(C) The aggregate appropriation, as fixed by the commission,	2393
less the amounts available to the general health district from the	2394
severalall sources of revenue, including the estimated balance	2395
from the previous appropriationcertified for the ensuing fiscal	2396
year, including any amounts in the district health fund from the	2397
previous appropriation, and after considering and allowing for	2398
funds needed to fund ongoing operations in the ensuing fiscal	2399
year, shall be apportioned, by the county auditor among the	2400
townships and municipal corporations composing the health district	2401
on the basis of taxable valuations in such townships and municipal	2402
corporations. The auditor, when making the auditor's semiannual	2403
apportionment of funds, shall retain at each semiannual	2404
apportionment one-half of the amount apportioned to each township	2405
and municipal corporation. Such moneys and all other sources of	2406
revenue shall be placed in a separate fund, to be known as the	2407
"district health fund." WhenUnless otherwise required by a	2408
provision of the Revised Code or a rule adopted pursuant thereto,	2409
all other sources of revenue of the district shall be placed in	2410
the district health fund, provided that the revenue is used and	2411
maintained in accordance with the purpose for which the revenue	2412
was received.	2413

(D) When a general health district is composed of townships	2414
and municipal corporations in two or more counties, the county	2415
auditor making the original apportionment shall certify to the	2416
auditor of each county concerned the amount apportioned to each	2417
township and municipal corporation in such county. Each auditor	2418
shall withhold from the semiannual apportionment to each such	2419
township or municipal corporation the amount certified, and shall	2420
pay the amounts withheld to the custodian of the funds of the	2421
health district concerned, to be credited to the district health	2422
fund. In making the apportionment under this paragraph for each	2423
year from 2002 through 2016, the county auditor shall add to the	2424
taxable valuation of each township and municipal corporation the	2425
tax value loss determined for each township and municipal	2426
corporation under divisions (D) and (E) of section 5727.84 of the	2427
Revised Code multiplied by the percentage used for that year in	2428
determining replacement payments under division (A)(1) of section	2429
5727.86 of the Revised Code. The tax commissioner shall certify to	2430
the county auditor the tax value loss for each township and	2431
municipal corporation for which the auditor must make an	2432
apportionment.	2433

(E) Subject to the aggregate amount as has been apportioned	2434
among the townships and municipalities and as may become available	2435
from the several sources of revenue, the board of health may, by	2436
resolution, transfer funds from one item in their appropriation to	2437
another item, reduce or increase any item, create new items, and	2438
make additional appropriations or reduce the total appropriation.	2439
Any such action shall forthwith be certified by the secretary of	2440
the board of health to the auditor for submission to and approval	2441
by the budget commission.	2442

(F) When any general health district has been united with or	2443
has contracted with a city health district located therein, the	2444
chief executive of the city shall, annually, on or before the	2445
first day of June, certify to the county auditor the total amount	2446
due for the ensuing fiscal year from the municipal corporations	2447
and townships in the district as provided in the contract between	2448
such city and the district advisory council of the original	2449
general health district. After approval by the county budget	2450
commission, the county auditor shall thereupon apportion the	2451
amount certified to the townships and municipal corporations, and	2452
shall withhold the sums apportioned as provided in this section.	2453

Sec. 3709.36.  The board of health of a city or general	2454
health district hereby created shall exercise all the powers and	2455
perform all the duties formerly conferred and imposed by law upon	2456
the board of health of a municipal corporation, and all such	2457
powers, duties, procedure, and penalties for violation of the	2458
sanitary regulations of a board of health of a municipal	2459
corporation are transferred to the board of health of a city or	2460
general health district by sections 3701.10, 3701.29, 3701.81,	2461
3707.08, 3707.14, 3707.16, 3707.47, and 3709.01 to 3709.36 of the	2462
Revised Code.	2463

The board of health of a city or general health district or	2464
the authority having the duties of a board of health under section	2465
3709.05 of the Revised Code shall, for the purpose of providing	2466
public health services, be a body politic and corporate. As such,	2467
it is capable of suing and being sued, contracting and being	2468
contracted with, acquiring, holding, possessing, and disposing of	2469
real and personal property, and taking and holding in trust for	2470
the use and benefit of such district or authority any grant or	2471
devise of land and any domain or bequest of money or other	2472
personal property.	2473

Sec. 3729.05.  (A)(1) On or after the first day of April, but	2474
before the first day of May of each year, every person who intends	2475
to operate a recreational vehicle park, recreation camp, or	2476
combined park-camp shall procure a license to operate the park or	2477
camp from the licensor. If the applicable license fee prescribed	2478
under section 3729.07 of the Revised Code is not received by the	2479
licensor by the close of business on the last day of April, the	2480
applicant for the license shall pay a penalty equal to twenty-five	2481
per cent of the applicable license fee. The penalty shall	2482
accompany the license fee. If the last day of April is not a	2483
business day, the penalty attaches upon the close of business on	2484
the next business day.	2485

(2) Every person who intends to operate a temporary park-camp	2486
shall obtain a license to operate the temporary park-camp from the	2487
licensor at any time before the person begins operation of the	2488
temporary park-camp during the calendar year.	2489

(3) No recreational vehicle park, recreation camp, combined	2490
park-camp, or temporary park-camp shall be maintained or operated	2491
in this state without a license. However, no person who neither	2492
intends to receive nor receives anything of value arising from the	2493
use of, or the sale of goods or services in connection with the	2494
use of, a recreational vehicle park, recreation camp, combined	2495
park-camp, or temporary park-camp is required to procure a license	2496
under this division. If any health hazard exists at such an	2497
unlicensed park, camp, or park-camp, the health hazard shall be	2498
corrected in a manner consistent with the appropriate rule adopted	2499
under division (A) or (B) of section 3729.02 of the Revised Code.	2500

(4) No person who has received a license under division	2501
(A)(1) of this section, upon the sale or disposition of the	2502
recreational vehicle park, recreation camp, or combined park-camp,	2503
may have the license transferred to the new operator. A person	2504
shall obtain a separate license to operate each recreational	2505
vehicle park, recreation camp, or combined park-camp. No license	2506
to operate a temporary park-camp shall be transferred. A person	2507
shall obtain a separate license for each temporary park-camp that	2508
the person intends to operate, and the license shall be valid for	2509
a period of not longer than seven consecutive days. A person who	2510
operates a temporary park-camp on a tract of land for more than	2511
twenty-one days or parts thereof in a calendar year shall obtain a	2512
license to operate a recreational vehicle park, recreation camp,	2513
or combined park-camp.	2514

(B)(1) Before a license is initially issued under division	2515
(A)(1) of this section and annually thereafter, or more often if	2516
necessary, the licensor shall cause each recreational vehicle	2517
park, recreation camp, or combined park-camp to be inspected to	2518
determine compliance with this chapter and rules adopted under it.	2519
A record shall be made of each inspection on a form prescribed by	2520
the director of health.	2521

(2) When a license is initially issued under division (A)(2)	2522
of this section, and more often if necessary, the licensor shall	2523
cause each temporary park-camp to be inspected to determine	2524
compliance with this chapter and rules adopted under it during the	2525
period that the temporary park-camp is in operation. A record	2526
shall be made of each inspection on a form prescribed by the	2527
director.	2528

(C) Each person applying for an initial license to operate a	2529
recreational vehicle park, recreation camp, combined park-camp, or	2530
temporary park-camp shall provide acceptable proof to the	2531
director, or to the licensor in the case of a temporary park-camp,	2532
that adequate fire protection will be provided and that applicable	2533
fire codes will be adhered to in the construction and operation of	2534
the park, camp, or park-camp.	2535

(D) Any person that operates a county or state fair or any	2536
independent agricultural society organized pursuant to section	2537
1711.02 of the Revised Code that operates a fair shall not be	2538
required to obtain a license under this chapter if recreational	2539
vehicles, portable camping units, or any combination of them are	2540
parked at the site of the fair only during the time of preparation	2541
for, operation of, and dismantling of the fair and if the	2542
recreational vehicles, portable camping units, or any combination	2543
of them belong to participants in the fair.	2544

(E) The following entities that operate a fair and that hold	2545
a license issued under this chapter are not required to comply	2546
with the requirements normally imposed on a licensee under this	2547
chapter and rules adopted under it during the time of preparation	2548
for, operation of, and dismantling of the fair:	2549

(1) A county agricultural society organized pursuant to	2550
section 1711.01 of the Revised Code;	2551

(2) An independent agricultural society organized pursuant to	2552
section 1711.02 of the Revised Code;	2553

(3) The Ohio expositions commission.

2554

Sec. 4123.41.  (A) By the first day of January of each year,	2555
the bureau of workers' compensation shall furnish to the county	2556
auditor of each county and the chief fiscal officer of each taxing	2557
district in a county and of each district activity and institution	2558
mentioned in section 4123.39 of the Revised Code forms containing	2559
the premium rates applicable to the county, district, district	2560
activity, or institution as an employer, on which to report the	2561
amount of money expended by the county, district, district	2562
activity, or institution during the previous twelve calendar	2563
months for the services of employees under this chapter.	2564

(B) Each county auditor and each fiscal officer of a	2565
district, district activity, and institution shall calculate on	2566
the form it receives from the bureau under division (A) of this	2567
section the premium due as its proper contribution to the public	2568
insurance fund and issue a warrant in favor of the bureau for the	2569
amount due from the county, district, district activity, or	2570
institution to the public insurance fund according to the	2571
following schedule:	2572

(1) On or before the fifteenth day of May of each year, no	2573
less than forty-five per cent of the amount due;	2574

(2) On or before the first day of September of each year, no	2575
less than the total amount due.	2576

(C) The legislative body of any county, district, district	2577
activity, or institution may reimburse the fund from which the	2578
contribution isworkers' compensation payments are made by	2579
transferring to the fund from any other fund of the county,	2580
district, district activity, or institution, the proportionate	2581
amount of the contributionpayments that should be chargeable to	2582
the fund, whether the fund is derived from taxation or otherwise.	2583
The proportionate amount of the contributionpayments chargeable	2584
to the fund may be based on payroll, relative exposure, relative	2585
loss experience, or any combination of these factors, as	2586
determined by the legislative body. Within	2587

(1) The workers' compensation program payments of any county,	2588
district, district activity, or institution may include all	2589
payments required by any bureau of workers' compensation rating	2590
plan.	2591

(2) The workers' compensation program payments of any county,	2592
district, district activity, or institution, except for a county	2593
board of developmental disabilities, a board of alcohol, drug	2594
addiction, and mental health services, a board of mental health	2595
services, and a board of alcohol and drug addiction services, also	2596
may include any of the following:	2597

(a) Direct administrative costs incurred in the management of	2598
the county, district, district activity, or institution's workers'	2599
compensation program;	2600

(b) Indirect costs that are necessary and reasonable for the	2601
proper and efficient administration of the workers' compensation	2602
program as documented in a cost allocation plan. The indirect cost	2603
plan shall conform to the United States office of management and	2604
budget circular A-87 "cost principles for state and local	2605
governments," 2 C.F.R. 225, as most recently amended on May 10,	2606
2004. The plan shall not authorize payment from the fund of any	2607
general government expense required to carry out the overall	2608
governmental responsibilities.	2609

(3) Within sixty days before a legislative body changes the	2610
method used for calculating the proportionate amount of the	2611
contributionpayments chargeable to the fund, it shall notify,	2612
consult with, and give information supporting the change to any	2613
elected official affected by the change. A transfer made pursuant	2614
to division (B)(2) of this section is not subject to section	2615
5705.16 of the Revised Code.	2616

(C)(D) The bureau may investigate the correctness of the	2617
information provided by the county auditor and chief fiscal	2618
officer under division (B) of this section, and if the bureau	2619
determines at any time that the county, district, district	2620
activity, or institution has not reported the correct information,	2621
the administrator of workers' compensation may make deductions or	2622
additions as the facts warrant and take those facts into	2623
consideration in determining the current or future contributions	2624
to be made by the county, district, district activity, or	2625
institution. If the county, district, district activity, or	2626
institution does not furnish the report in the time required by	2627
this section, the administrator may fix the amount of contribution	2628
the county, district, district activity, or institution must make	2629
and certify that amount for payment.	2630

(D)(E) The administrator shall provide a discount to any	2631
county, district, district activity, or institution that pays its	2632
total amount due to the public insurance fund on or before the	2633
fifteenth day of May of each year as its proper contribution for	2634
premiums. The administrator shall base the discount provided under	2635
this division on the savings generated by the early payment to the	2636
public insurance fund. The administrator may provide the discount	2637
through a refund to the county, district, district activity, or	2638
institution or an offset against the future contributions due to	2639
the public insurance fund from the county, district, district	2640
activity, or institution.	2641

(E)(F) The administrator may impose an interest penalty for	2642
late payment of any amount due from a county, district, district	2643
activity, and institution at the interest rate established by the	2644
state tax commissioner pursuant to section 5703.47 of the Revised	2645
Code.	2646

Sec. 5301.68.  An owner of land may grant a conservation	2647
easement to the department of natural resources, a park district	2648
created under Chapter 1545. of the Revised Code, a township park	2649
district created under section 511.18 of the Revised Code, a	2650
conservancy district created under Chapter 6101. of the Revised	2651
Code, a soil and water conservation district created under Chapter	2652
1515. of the Revised Code, a regional water and sewer district	2653
created under Chapter 6119. of the Revised Code, a county, a	2654
township, a municipal corporation, or a charitable organization	2655
that is authorized to hold conservation easements by division (B)	2656
of section 5301.69 of the Revised Code, in the form of articles of	2657
dedication, easement, covenant, restriction, or condition. An	2658
owner of land also may grant an agricultural easement to the	2659
director of agriculture; to a municipal corporation, county,	2660
township, or soil and water conservation district; or to a	2661
charitable organization described in division (B) of section	2662
5301.69 of the Revised Code. An owner of land may grant an	2663
agricultural easement only on land that is valued for purposes of	2664
real property taxation at its current value for agricultural use	2665
under section 5713.31 of the Revised Code or that constitutes a	2666
homestead when the easement is granted.	2667

All conservation easements and agricultural easements shall	2668
be executed and recorded in the same manner as other instruments	2669
conveying interests in land.	2670

Sec. 5301.69.  (A) The director of natural resources, the	2671
board of park commissioners of a park district created under	2672
Chapter 1545. of the Revised Code, the board of park commissioners	2673
of a township park district created under section 511.18 of the	2674
Revised Code, the board of directors of a conservancy district	2675
created under Chapter 6101. of the Revised Code, the board of	2676
supervisors of a soil and water conservation district created	2677
under Chapter 1515. of the Revised Code, the board of trustees of	2678
a regional water and sewer district created under Chapter 6119. of	2679
the Revised Code, the board of county commissioners of a county,	2680
the board of township trustees of a township, or the legislative	2681
authority of a municipal corporation may acquire conservation	2682
easements in the name of the state, the district, or the county,	2683
township, or municipal corporation in the same manner as other	2684
interests in land may be acquired under section 307.02, 307.18,	2685
505.10, 505.261, 511.23, 717.01, 1501.01, 1515.08, 1545.11, or	2686
6101.15, or 6119.111 of the Revised Code. Each officer, board, or	2687
authority acquiring a conservation easement shall name an	2688
appropriate administrative officer, department, or division to	2689
supervise and enforce the easement.	2690

(B) A charitable organization may acquire and hold	2691
conservation easements if it is exempt from federal taxation under	2692
subsection 501(a) and is described in subsection 501(c) of the	2693
"Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as	2694
amended, and organized for any of the following purposes: the	2695
preservation of land areas for public outdoor recreation or	2696
education, or scenic enjoyment; the preservation of historically	2697
important land areas or structures; or the protection of natural	2698
environmental systems. Such a charitable organization also may	2699
acquire and hold agricultural easements subject to the limitation	2700
that it may do so only on land that is valued for purposes of real	2701
property taxation at its current value for agricultural use under	2702
section 5713.31 of the Revised Code or that constitutes a	2703
homestead when the easement is granted.	2704

Sec. 5705.392.  (A) A board of county commissioners may adopt	2705
as a part of its annual appropriation measure a spending plan, or	2706
in the case of an amended appropriation measure, an amended	2707
spending plan, setting forth a quarterly schedule of expenses and	2708
expenditures of all appropriations for the fiscal year from the	2709
county general fund. The spending plan shall be classified to set	2710
forth separately a quarterly schedule of expenses and expenditures	2711
for each office, department, and division, and within each, the	2712
amount appropriated for personal services. Each office,	2713
department, and division shall be limited in its expenses and	2714
expenditures of moneys appropriated from the general fund during	2715
any quarter by the schedule established in the spending plan. The	2716
schedule established in the spending plan shall serve as a	2717
limitation during a quarter on the making of contracts and giving	2718
of orders involving the expenditure of money during that quarter	2719
for purposes of division (D) of section 5705.41 of the Revised	2720
Code.	2721

(B)(1) A board of county commissioners, by resolution, may	2722
adopt a spending plan or an amended spending plan setting forth	2723
separately a quarterly schedule of expenses and expenditures of	2724
appropriations from any county fund, except as provided in	2725
division (C) of this section, for the second half of a fiscal year	2726
and any subsequent fiscal year, for any county office, department,	2727
or division that has spent or encumbered more than six-tenths of	2728
the amount appropriated for personal services and payrolls during	2729
the first half of any fiscal year.	2730

(2) During any fiscal year, a board of county commissioners,	2731
by resolution, may adopt a spending plan or an amended spending	2732
plan setting forth separately a quarterly schedule of expenses and	2733
expenditures of appropriations from any county fund, except as	2734
provided in division (C) of this section, for any county office,	2735
department, or division that, during the previous fiscal year,	2736
spent one hundred ten per cent or more of the total amount	2737
appropriated for personal services and payrolls by the board in	2738
its annual appropriation measure required by section 5705.38 of	2739
the Revised Code. The spending plan or amended spending plan shall	2740
remain in effect for not more than two fiscal years, or until. But	2741
if the countyadministrative officer of the office, department, or	2742
division for which the plan was adopted is no longer in office,	2743
including terms of office to which the county officer is	2744
re-elected, whichever is lateran elected official, the spending	2745
plan shall not be in effect during a fiscal year in which that	2746
elected official is no longer the administrative officer of that	2747
office, department, or division.	2748

(3) At least thirty days before adopting a resolution under	2749
division (B)(1) or (2) of this section, the board of county	2750
commissioners shall provide written notice to each county office,	2751
department, or division for which it intends to adopt a spending	2752
plan or an amended spending plan. The notice shall be sent by	2753
regular first class mail or provided by personal service, and	2754
shall include a copy of the proposed spending plan or proposed	2755
amended spending plan. The county office, department, or division	2756
may meet with the board at any regular session of the board to	2757
comment on the notice, or to express concerns or ask questions	2758
about the proposed spending plan or proposed amended spending	2759
plan.	2760

(C) Division (B) of this section shall not apply to any fund	2761
that is subject to rules adopted by the tax commissioner under	2762
division (O) of section 5703.05 of the Revised Code.	2763

Sec. 5705.41.  No subdivision or taxing unit shall:

2764

(A) Make any appropriation of money except as provided in	2765
Chapter 5705. of the Revised Code; provided, that the	2766
authorization of a bond issue shall be deemed to be an	2767
appropriation of the proceeds of the bond issue for the purpose	2768
for which such bonds were issued, but no expenditure shall be made	2769
from any bond fund until first authorized by the taxing authority;	2770

(B) Make any expenditure of money unless it has been	2771
appropriated as provided in such chapter;	2772

(C) Make any expenditure of money except by a proper warrant	2773
drawn against an appropriate fund;	2774

(D)(1) Except as otherwise provided in division (D)(2) of	2775
this section and section 5705.44 of the Revised Code, make any	2776
contract or give any order involving the expenditure of money	2777
unless there is attached thereto a certificate of the fiscal	2778
officer of the subdivision that the amount required to meet the	2779
obligation or, in the case of a continuing contract to be	2780
performed in whole or in part in an ensuing fiscal year, the	2781
amount required to meet the obligation in the fiscal year in which	2782
the contract is made, has been lawfully appropriated for such	2783
purpose and is in the treasury or in process of collection to the	2784
credit of an appropriate fund free from any previous encumbrances.	2785
This certificate need be signed only by the subdivision's fiscal	2786
officer. Every such contract made without such a certificate shall	2787
be void, and no warrant shall be issued in payment of any amount	2788
due thereon. If no certificate is furnished as required, upon	2789
receipt by the taxing authority of the subdivision or taxing unit	2790
of a certificate of the fiscal officer stating that there was at	2791
the time of the making of such contract or order and at the time	2792
of the execution of such certificate a sufficient sum appropriated	2793
for the purpose of such contract and in the treasury or in process	2794
of collection to the credit of an appropriate fund free from any	2795
previous encumbrances, such taxing authority may authorize the	2796
drawing of a warrant in payment of amounts due upon such contract,	2797
but such resolution or ordinance shall be passed within thirty	2798
days after the taxing authority receives such certificate;	2799
provided that, if the amount involved is less than one hundred	2800
dollars in the case of counties or three thousand dollars in the	2801
case of all other subdivisions or taxing units, the fiscal officer	2802
may authorize it to be paid without such affirmation of the taxing	2803
authority of the subdivision or taxing unit, if such expenditure	2804
is otherwise valid.	2805

(2) Annually, theThe board of county commissioners may adopt	2806
a resolution exempting county purchases of one thousand dollars or	2807
less from the requirement of division (D)(1) of this section that	2808
a certificate be attached to any contract or order involving the	2809
expenditure of money. The resolution shall state the dollar amount	2810
that is exempted from the certificate requirement and whether the	2811
exemption applies to all purchases, to one or more specific	2812
classes of purchases, or to the purchase of one or more specific	2813
items. Prior to the adoption of the resolution, the board shall	2814
give written notice to the county auditor that it intends to adopt	2815
the resolution. The notice shall state the dollar amount that is	2816
proposed to be exempted and whether the exemption would apply to	2817
all purchases, to one or more specific classes of purchases, or to	2818
the purchase of one or more specific items. The county auditor may	2819
review and comment on the proposal, and shall send any comments to	2820
the board within fifteen days after receiving the notice. The	2821
board shall wait at least fifteen days after giving the notice to	2822
the auditor before adopting the resolution. A person authorized to	2823
make a county purchase in a county that has adopted such a	2824
resolution shall prepare and file with the county auditor, within	2825
three business days after incurring an obligation not requiring a	2826
certificate, or within any other period of time the board of	2827
county commissioners specifies in the resolution, a written or	2828
electronically transferred document specifying the purpose and	2829
amount of the expenditure, the date of the purchase, the name of	2830
the vendor, the specific appropriation items from which the	2831
expenditures are to be made, and any additional information as the	2832
auditor of state may prescribe.	2833

(3) Upon certification by the auditor or other chief fiscal	2834
officer that a certain sum of money, not in excess of an amount	2835
established by resolution or ordinance adopted by a majority of	2836
the members of the legislative authority of the subdivision or	2837
taxing unit, has been lawfully appropriated, authorized, or	2838
directed for a certain purpose and is in the treasury or in the	2839
process of collection to the credit of a specific line-item	2840
appropriation account in a certain fund free from previous and	2841
then outstanding obligations or certifications, then for such	2842
purpose and from such line-item appropriation account in such	2843
fund, over a period not extending beyond the end of the fiscal	2844
year, expenditures may be made, orders for payment issued, and	2845
contracts or obligations calling for or requiring the payment of	2846
money made and assumed; provided, that the aggregate sum of money	2847
included in and called for by such expenditures, orders,	2848
contracts, and obligations shall not exceed the sum so certified.	2849
Such a certification need be signed only by the fiscal officer of	2850
the subdivision or the taxing district and may, but need not, be	2851
limited to a specific vendor. An itemized statement of obligations	2852
incurred and expenditures made under such certificate shall be	2853
rendered to the auditor or other chief fiscal officer before	2854
another such certificate may be issued, and not more than one such	2855
certificate shall be outstanding at a time.	2856

In addition to providing the certification for expenditures	2857
as specified in this division, a subdivision also may make	2858
expenditures, issue orders for payment, and make contracts or	2859
obligations calling for or requiring the payment of money made and	2860
assumed for specified permitted purposes from a specific line-item	2861
appropriation account in a specified fund for a sum of money upon	2862
the certification by the fiscal officer of the subdivision that	2863
this sum of money has been lawfully appropriated, authorized, or	2864
directed for a permitted purpose and is in the treasury or in the	2865
process of collection to the credit of the specific line-item	2866
appropriation account in the specified fund free from previous and	2867
then-outstanding obligations or certifications; provided that the	2868
aggregate sum of money included in and called for by the	2869
expenditures, orders, and obligations shall not exceed the	2870
certified sum. The purposes for which a subdivision may lawfully	2871
appropriate, authorize, or issue such a certificate are the	2872
services of an accountant, architect, attorney at law, physician,	2873
professional engineer, construction project manager, consultant,	2874
surveyor, or appraiser by or on behalf of the subdivision or	2875
contracting authority; fuel oil, gasoline, food items, roadway	2876
materials, and utilities; and any purchases exempt from	2877
competitive bidding under section 125.04 of the Revised Code and	2878
any other specific expenditure that is a recurring and reasonably	2879
predictable operating expense. Such a certification shall not	2880
extend beyond the end of the fiscal year or, in the case of a	2881
board of county commissioners that has established a quarterly	2882
spending plan under section 5705.392 of the Revised Code, beyond	2883
the quarter to which the plan applies. Such a certificate shall be	2884
signed by the fiscal officer and may, but need not, be limited to	2885
a specific vendor. An itemized statement of obligations incurred	2886
and expenditures made under such a certificate shall be rendered	2887
to the fiscal officer for each certificate issued. More than one	2888
such certificate may be outstanding at any time.	2889

In any case in which a contract is entered into upon a per	2890
unit basis, the head of the department, board, or commission for	2891
the benefit of which the contract is made shall make an estimate	2892
of the total amount to become due upon such contract, which	2893
estimate shall be certified in writing to the fiscal officer of	2894
the subdivision. Such a contract may be entered into if the	2895
appropriation covers such estimate, or so much thereof as may be	2896
due during the current year. In such a case the certificate of the	2897
fiscal officer based upon the estimate shall be a sufficient	2898
compliance with the law requiring a certificate.	2899

Any certificate of the fiscal officer attached to a contract	2900
shall be binding upon the political subdivision as to the facts	2901
set forth therein. Upon request of any person receiving an order	2902
or entering into a contract with any political subdivision, the	2903
certificate of the fiscal officer shall be attached to such order	2904
or contract. "Contract" as used in this section excludes current	2905
payrolls of regular employees and officers.	2906

(E) Taxes and other revenue in process of collection, or the	2907
proceeds to be derived from authorized bonds, notes, or	2908
certificates of indebtedness sold and in process of delivery,	2909
shall for the purpose of this section be deemed in the treasury or	2910
in process of collection and in the appropriate fund. This section	2911
applies neither to the investment of sinking funds by the trustees	2912
of such funds, nor to investments made under sections 731.56 to	2913
731.59 of the Revised Code.	2914

No district authority shall, in transacting its own affairs,	2915
do any of the things prohibited to a subdivision by this section,	2916
but the appropriation referred to shall become the appropriation	2917
by the district authority, and the fiscal officer referred to	2918
shall mean the fiscal officer of the district authority.	2919

Sec. 5715.13.  (A) Except as provided in division (B) of this	2920
section, the county board of revision shall not decrease any	2921
valuation unless a party affected thereby or who is authorized to	2922
file a complaint under section 5715.19 of the Revised Code makes	2923
and files with the board a written application therefor, verified	2924
by oath and signature, showing the facts upon which it is claimed	2925
such decrease should be made.	2926

(B) The county board of revision may authorize a policy for	2927
the filing of an electronic complaint under section 5715.19 of the	2928
Revised Code and the filing of an electronic application therefor	2929
under this section, subject to the approval of the tax	2930
commissioner. An electronic complaint need not be sworn to, but	2931
shall contain an electronic verification and shall be subscribed	2932
to by the person filing the complaint: "I declare under penalties	2933
of perjury that this complaint has been examined by me and to the	2934
best of my knowledge and belief is true, correct, and complete.	2935

Sec. 5715.19.  (A) As used in this section, "member" has the	2936
same meaning as in section 1705.01 of the Revised Code.	2937

(1) Subject to division (A)(2) of this section, a complaint	2938
against any of the following determinations for the current tax	2939
year shall be filed with the county auditor on or before the	2940
thirty-first day of March of the ensuing tax year or the date of	2941
closing of the collection for the first half of real and public	2942
utility property taxes for the current tax year, whichever is	2943
later:	2944

(a) Any classification made under section 5713.041 of the	2945
Revised Code;	2946

(b) Any determination made under section 5713.32 or 5713.35	2947
of the Revised Code;	2948

(c) Any recoupment charge levied under section 5713.35 of the	2949
Revised Code;	2950

(d) The determination of the total valuation or assessment of	2951
any parcel that appears on the tax list, except parcels assessed	2952
by the tax commissioner pursuant to section 5727.06 of the Revised	2953
Code;	2954

(e) The determination of the total valuation of any parcel	2955
that appears on the agricultural land tax list, except parcels	2956
assessed by the tax commissioner pursuant to section 5727.06 of	2957
the Revised Code;	2958

(f) Any determination made under division (A) of section	2959
319.302 of the Revised Code.	2960

If such a complaint is filed by mail or certified mail, the	2961
date of the United States postmark placed on the envelope or	2962
sender's receipt by the postal service shall be treated as the	2963
date of filing. A private meter postmark on an envelope is not a	2964
valid postmark for purposes of establishing the filing date.	2965

Any person owning taxable real property in the county or in a	2966
taxing district with territory in the county; such a person's	2967
spouse; an individual who is retained by such a person and who	2968
holds a designation from a professional assessment organization,	2969
such as the institute for professionals in taxation, the national	2970
council of property taxation, or the international association of	2971
assessing officers; a public accountant who holds a permit under	2972
section 4701.10 of the Revised Code, a general or residential real	2973
estate appraiser licensed or certified under Chapter 4763. of the	2974
Revised Code, or a real estate broker licensed under Chapter 4735.	2975
of the Revised Code, who is retained by such a person; if the	2976
person is a firm, company, association, partnership, limited	2977
liability company, or corporation, an officer, a salaried	2978
employee, a partner, or a member of that person; if the person is	2979
a trust, a trustee of the trust; the board of county	2980
commissioners; the prosecuting attorney or treasurer of the	2981
county; the board of township trustees of any township with	2982
territory within the county; the board of education of any school	2983
district with any territory in the county; or the mayor or	2984
legislative authority of any municipal corporation with any	2985
territory in the county may file such a complaint regarding any	2986
such determination affecting any real property in the county,	2987
except that a person owning taxable real property in another	2988
county may file such a complaint only with regard to any such	2989
determination affecting real property in the county that is	2990
located in the same taxing district as that person's real property	2991
is located. The county auditor shall present to the county board	2992
of revision all complaints filed with the auditor.	2993

(2) As used in division (A)(2) of this section, "interim	2994
period" means, for each county, the tax year to which section	2995
5715.24 of the Revised Code applies and each subsequent tax year	2996
until the tax year in which that section applies again.	2997

No person, board, or officer shall file a complaint against	2998
the valuation or assessment of any parcel that appears on the tax	2999
list if it filed a complaint against the valuation or assessment	3000
of that parcel for any prior tax year in the same interim period,	3001
unless the person, board, or officer alleges that the valuation or	3002
assessment should be changed due to one or more of the following	3003
circumstances that occurred after the tax lien date for the tax	3004
year for which the prior complaint was filed and that the	3005
circumstances were not taken into consideration with respect to	3006
the prior complaint:	3007

(a) The property was sold in an arm's length transaction, as	3008
described in section 5713.03 of the Revised Code;	3009

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

3010

(c) Substantial improvement was added to the property;

3011

(d) An increase or decrease of at least fifteen per cent in	3012
the property's occupancy has had a substantial economic impact on	3013
the property.	3014

(3) If a county board of revision, the board of tax appeals,	3015
or any court dismisses a complaint filed under this section or	3016
section 5715.13 of the Revised Code for the reason that the act of	3017
filing the complaint was the unauthorized practice of law or the	3018
person filing the complaint was engaged in the unauthorized	3019
practice of law, the party affected by a decrease in valuation or	3020
the party's agent, or the person owning taxable real property in	3021
the county or in a taxing district with territory in the county,	3022
may refile the complaint, notwithstanding division (A)(2) of this	3023
section.	3024

(4) Notwithstanding division (A)(2) of this section, a	3025
person, board, or officer may file a complaint against the	3026
valuation or assessment of any parcel that appears on the tax list	3027
if it filed a complaint against the valuation or assessment of	3028
that parcel for any prior tax year in the same interim period if	3029
the person, board, or officer withdrew the complaint before the	3030
complaint was heard by the board.	3031

(B) Within thirty days after the last date such complaints	3032
may be filed, the auditor shall give notice of each complaint in	3033
which the stated amount of overvaluation, undervaluation,	3034
discriminatory valuation, illegal valuation, or incorrect	3035
determination is at least seventeen thousand five hundred dollars	3036
to each property owner whose property is the subject of the	3037
complaint, if the complaint was not filed by the owner or the	3038
owner's spouse, and to each board of education whose school	3039
district may be affected by the complaint. Within thirty days	3040
after receiving such notice, a board of education; a property	3041
owner; the owner's spouse; an individual who is retained by such	3042
an owner and who holds a designation from a professional	3043
assessment organization, such as the institute for professionals	3044
in taxation, the national council of property taxation, or the	3045
international association of assessing officers; a public	3046
accountant who holds a permit under section 4701.10 of the Revised	3047
Code, a general or residential real estate appraiser licensed or	3048
certified under Chapter 4763. of the Revised Code, or a real	3049
estate broker licensed under Chapter 4735. of the Revised Code,	3050
who is retained by such a person; or, if the property owner is a	3051
firm, company, association, partnership, limited liability	3052
company, corporation, or trust, an officer, a salaried employee, a	3053
partner, a member, or trustee of that property owner, may file a	3054
complaint in support of or objecting to the amount of alleged	3055
overvaluation, undervaluation, discriminatory valuation, illegal	3056
valuation, or incorrect determination stated in a previously filed	3057
complaint or objecting to the current valuation. Upon the filing	3058
of a complaint under this division, the board of education or the	3059
property owner shall be made a party to the action.	3060

(C) Each board of revision shall notify any complainant and	3061
also the property owner, if the property owner's address is known,	3062
when a complaint is filed by one other than the property owner, by	3063
certified mail, not less than ten days prior to the hearing, of	3064
the time and place the same will be heard. The board of revision	3065
shall hear and render its decision on a complaint within ninety	3066
days after the filing thereof with the board, except that if a	3067
complaint is filed within thirty days after receiving notice from	3068
the auditor as provided in division (B) of this section, the board	3069
shall hear and render its decision within ninety days after such	3070
filing.	3071

(D) The determination of any such complaint shall relate back	3072
to the date when the lien for taxes or recoupment charges for the	3073
current year attached or the date as of which liability for such	3074
year was determined. Liability for taxes and recoupment charges	3075
for such year and each succeeding year until the complaint is	3076
finally determined and for any penalty and interest for nonpayment	3077
thereof within the time required by law shall be based upon the	3078
determination, valuation, or assessment as finally determined.	3079
Each complaint shall state the amount of overvaluation,	3080
undervaluation, discriminatory valuation, illegal valuation, or	3081
incorrect classification or determination upon which the complaint	3082
is based. The treasurer shall accept any amount tendered as taxes	3083
or recoupment charge upon property concerning which a complaint is	3084
then pending, computed upon the claimed valuation as set forth in	3085
the complaint. If a complaint filed under this section for the	3086
current year is not determined by the board within the time	3087
prescribed for such determination, the complaint and any	3088
proceedings in relation thereto shall be continued by the board as	3089
a valid complaint for any ensuing year until such complaint is	3090
finally determined by the board or upon any appeal from a decision	3091
of the board. In such case, the original complaint shall continue	3092
in effect without further filing by the original taxpayer, the	3093
original taxpayer's assignee, or any other person or entity	3094
authorized to file a complaint under this section.	3095

(E) If a taxpayer files a complaint as to the classification,	3096
valuation, assessment, or any determination affecting the	3097
taxpayer's own property and tenders less than the full amount of	3098
taxes or recoupment charges as finally determined, an interest	3099
charge shall accrue as follows:	3100

(1) If the amount finally determined is less than the amount	3101
billed but more than the amount tendered, the taxpayer shall pay	3102
interest at the rate per annum prescribed by section 5703.47 of	3103
the Revised Code, computed from the date that the taxes were due	3104
on the difference between the amount finally determined and the	3105
amount tendered. This interest charge shall be in lieu of any	3106
penalty or interest charge under section 323.121 of the Revised	3107
Code unless the taxpayer failed to file a complaint and tender an	3108
amount as taxes or recoupment charges within the time required by	3109
this section, in which case section 323.121 of the Revised Code	3110
applies.	3111

(2) If the amount of taxes finally determined is equal to or	3112
greater than the amount billed and more than the amount tendered,	3113
the taxpayer shall pay interest at the rate prescribed by section	3114
5703.47 of the Revised Code from the date the taxes were due on	3115
the difference between the amount finally determined and the	3116
amount tendered, such interest to be in lieu of any interest	3117
charge but in addition to any penalty prescribed by section	3118
323.121 of the Revised Code.	3119

(F) Upon request of a complainant, the tax commissioner shall	3120
determine the common level of assessment of real property in the	3121
county for the year stated in the request that is not valued under	3122
section 5713.31 of the Revised Code, which common level of	3123
assessment shall be expressed as a percentage of true value and	3124
the common level of assessment of lands valued under such section,	3125
which common level of assessment shall also be expressed as a	3126
percentage of the current agricultural use value of such lands.	3127
Such determination shall be made on the basis of the most recent	3128
available sales ratio studies of the commissioner and such other	3129
factual data as the commissioner deems pertinent.	3130

(G) A complainant shall provide to the board of revision all	3131
information or evidence within the complainant's knowledge or	3132
possession that affects the real property that is the subject of	3133
the complaint. A complainant who fails to provide such information	3134
or evidence is precluded from introducing it on appeal to the	3135
board of tax appeals or the court of common pleas, except that the	3136
board of tax appeals or court may admit and consider the evidence	3137
if the complainant shows good cause for the complainant's failure	3138
to provide the information or evidence to the board of revision.	3139

(H) In case of the pendency of any proceeding in court based	3140
upon an alleged excessive, discriminatory, or illegal valuation or	3141
incorrect classification or determination, the taxpayer may tender	3142
to the treasurer an amount as taxes upon property computed upon	3143
the claimed valuation as set forth in the complaint to the court.	3144
The treasurer may accept the tender. If the tender is not	3145
accepted, no penalty shall be assessed because of the nonpayment	3146
of the full taxes assessed.	3147

Sec. 6115.20.  (A) When it is determined to let the work	3148
relating to the improvements for which a sanitary district was	3149
established by contract, contracts in amounts to exceed tenfifty	3150
thousand dollars shall be advertised after notice calling for bids	3151
has been published once a week for five consecutive weeks	3152
completed on the date of last publication or as provided in	3153
section 7.16 of the Revised Code, in a newspaper of general	3154
circulation within the sanitary district where the work is to be	3155
done. The board of directors of the sanitary district shall let	3156
bids as provided in this section or, if applicable, section 9.312	3157
of the Revised Code. If the bids are for a contract for the	3158
construction, demolition, alteration, repair, or reconstruction of	3159
an improvement, the board of directors of the sanitary district	3160
shall let the contract to the lowest or best bidder who meets the	3161
requirements of section 153.54 of the Revised Code. If the bids	3162
are for a contract for any other work relating to the improvements	3163
for which a sanitary district was established, the board of	3164
directors of the sanitary district shall let the contract to the	3165
lowest or best bidder who gives a good and approved bond, with	3166
ample security, conditioned on the carrying out of the contract	3167
and the payment for all labor and material. The contract shall be	3168
in writing and shall be accompanied by or shall refer to plans and	3169
specifications for the work to be done prepared by the chief	3170
engineer. The plans and specifications at all times shall be made	3171
and considered a part of the contract. The contract shall be	3172
approved by the board and signed by the president of the board and	3173
by the contractor and shall be executed in duplicate. In case of	3174
emergency the advertising of contracts may be waived upon the	3175
consent of the board with the approval of the court or judge in	3176
vacation.	3177

(B) In the case of a sanitary district organized wholly for	3178
the purpose of providing a water supply for domestic, municipal,	3179
and public use that includes two municipal corporations in two	3180
counties, any service to be purchased, including the services of	3181
an accountant, architect, attorney at law, physician, or	3182
professional engineer, at a cost in excess of tenfifty thousand	3183
dollars shall be obtained in the manner provided in sections	3184
153.65 to 153.73 of the Revised Code. For the purposes of the	3185
application of those sections to division (B) of this section, all	3186
of the following apply:	3187

(1) "Public authority," as used in those sections, shall be	3188
deemed to mean a sanitary district organized wholly for the	3189
purpose of providing a water supply for domestic, municipal, and	3190
public use that includes two municipal corporations in two	3191
counties;	3192

(2) "Professional design firm," as used in those sections,	3193
shall be deemed to mean any person legally engaged in rendering	3194
professional design services as defined in division (B)(3) of this	3195
section;	3196

(3) "Professional design services," as used in those	3197
sections, shall be deemed to mean accounting, architectural,	3198
legal, medical, or professional engineering services;	3199

(4) The use of other terms in those sections shall be adapted	3200
accordingly, including, without limitation, for the purposes of	3201
division (D) of section 153.67 of the Revised Code;	3202

(5) Divisions (A) to (C) of section 153.71 of the Revised	3203
Code do not apply.	3204

(C) The board of directors of a district organized wholly for	3205
the purpose of providing a water supply for domestic, municipal,	3206
and public use may contract for, purchase, or otherwise procure	3207
for the benefit of employees of the district and pay all or any	3208
part of the cost of group insurance policies that may provide	3209
benefits, including, but not limited to, hospitalization, surgical	3210
care, major medical care, disability, dental care, vision care,	3211
medical care, hearing aids, or prescription drugs. Any group	3212
insurance policy purchased under this division shall be purchased	3213
from the health care corporation that the board of directors	3214
determines offers the most cost-effective group insurance policy.	3215

Sec. 6119.02.  (A) Proceedings for the organization of a	3216
regional water and sewer district shall be initiated only by a	3217
petition filed in the office of the clerk of the court of common	3218
pleas of one of the counties all or part of which lies within the	3219
proposed district. The petition shall be signed by one or more	3220
municipal corporations, one or more counties, or one or more	3221
townships, or by any combination of them, after having been	3222
authorized by the legislative authority of the political	3223
subdivision. The legislative authority of any municipal	3224
corporation, the board of county commissioners of any county, and	3225
the board of trustees of any township may act in behalf of any	3226
part of their respective political subdivisions. The petition	3227
shall specify all of the following:	3228

(1) The proposed name of the district;

3229

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

3230

(3) The necessity for the proposed district and that it will	3231
be conducive to the public health, safety, convenience, or	3232
welfare;	3233

(4) A general description of the purpose of the proposed	3234
district;	3235

(5) A general description of the territory to be included in	3236
the district, which need not be given by metes and bounds or by	3237
legal subdivisions, but is sufficient if an accurate description	3238
is given of the territory to be organized as a district. The	3239
territory need not be contiguous, provided that it is so situated	3240
that the public health, safety, convenience, or welfare will be	3241
promoted by the organization as a single district of the territory	3242
described.	3243

(6) The manner of selection, the number, the term, and the	3244
compensation of the members of the governing body of the district,	3245
which shall be called a board of trustees. The petition may set	3246
forth procedures for subsequent changes in the composition of and	3247
other provisions relating to the board of trustees. The original	3248
or properly amended petition may prohibit elected officials from	3249
serving on the board and may permit one or more elected officials	3250
from any appointing authority to serve on the board. However,	3251
elected officials from the same political subdivision shall not	3252
comprise a majority of the members of the board. Notwithstanding	3253
the foregoing, a board appointed prior to the effective date of	3254
this amendment may continue as prescribed in the petition and	3255
rules and regulations of the district that were in effect prior to	3256
the effective date of this amendment, and, if not prohibited in	3257
the petition or rules and regulations, the board may include	3258
elected officials. As used in this division, "elected official"	3259
means an official elected to an office of municipal, township, or	3260
county government, or a person appointed to fill a vacancy in such	3261
an office.	3262

(7) The plan for financing the cost of the operations of the	3263
district until it is in receipt of revenue from its operations or	3264
proceeds from the sale of bonds;	3265

(8) A prayer for the organization of the district by the name	3266
proposed, either before or after a preliminary hearing as provided	3267
in section 6119.04 of the Revised Code.	3268

(B) Prior to filing a petition under division (A) of this	3269
section, a municipal corporation, county, or township shall hold a	3270
public meeting for the purpose of receiving comments on the	3271
proposed establishment of a regional water and sewer district. If	3272
a combination of municipal corporations, counties, or townships	3273
signed the petition, the signers jointly shall hold the public	3274
meeting. At the meeting, a representative of the signer or signers	3275
of the petition shall present a preliminary study of the reasons	3276
for the proposed establishment of the district.	3277

The signer or signers of the petition shall provide written	3278
notice of the public meeting to each elector residing in the	3279
territory of the proposed district. Failure to notify an elector	3280
does not invalidate any proceeding before a court under this	3281
chapter.	3282

(C) Upon the filing of the petition, the judge of the court	3283
of common pleas of the county in which the petition is filed or,	3284
in the case of a county having more than one such judge, a judge	3285
of that court assigned by its presiding judge shall determine if	3286
the petition complies with the requirements of this section as to	3287
form and content. No petition shall be declared void by the judge	3288
on account of alleged defects. The court in subsequent proceedings	3289
at any time may permit the petition to be amended in form and	3290
substance to conform to the facts by correcting any errors in the	3291
description of the territory or in any other particular.	3292

Sec. 6119.10.  The board of trustees of a regional water and	3293
sewer district or any officer or employee designated by the board	3294
may make any contract for the purchase of supplies or material or	3295
for labor for any work, under the supervision of the board, the	3296
cost of which shall not exceed twenty-fivefifty thousand dollars.	3297
When an expenditure, other than for the acquisition of real estate	3298
and interests in real estate, the discharge of noncontractual	3299
claims, personal services, the joint use of facilities or the	3300
exercise of powers with other political subdivisions, or the	3301
product or services of public utilities, exceeds twenty-fivefifty	3302
thousand dollars, the expenditures shall be made only after a	3303
notice calling for bids has been published two consecutive weeks	3304
in one newspaper of general circulation within the district or as	3305
provided in section 7.16 of the Revised Code. If the bids are for	3306
a contract for the construction, demolition, alteration, repair,	3307
or reconstruction of an improvement, the board may let the	3308
contract to the lowest and best bidder who meets the requirements	3309
of section 153.54 of the Revised Code. If the bids are for a	3310
contract for any other work relating to the improvements for which	3311
a regional water and sewer district was established, the board of	3312
trustees of the regional water and sewer district may let the	3313
contract to the lowest or best bidder who gives a good and	3314
approved bond with ample security conditioned on the carrying out	3315
of the contract. The contract shall be in writing and shall be	3316
accompanied by or shall refer to plans and specifications for the	3317
work to be done, approved by the board. The plans and	3318
specifications shall at all times be made and considered part of	3319
the contract. The contract shall be approved by the board and	3320
signed by its president or other duly authorized officer and by	3321
the contractor. In case of a real and present emergency, the board	3322
of trustees of the district, by two-thirds vote of all members,	3323
may authorize the president or other duly authorized officer to	3324
enter into a contract for work to be done or for the purchase of	3325
supplies or materials without formal bidding or advertising. All	3326
contracts shall have attached the certificate required by section	3327
5705.41 of the Revised Code duly executed by the secretary of the	3328
board of trustees of the district. The district may make	3329
improvements by force account or direct labor, provided that, if	3330
the estimated cost of supplies or material for any such	3331
improvement exceeds twenty-fivefifty thousand dollars, bids shall	3332
be received as provided in this section. For the purposes of the	3333
competitive bidding requirements of this section, the board shall	3334
not sever a contract for supplies or materials and labor into	3335
separate contracts for labor, supplies, or materials if the	3336
contracts are in fact a part of a single contract required to be	3337
bid competitively under this section.	3338

Section 2. That existing sections 9.833, 118.023, 118.06,	3339
118.31, 120.08, 120.53, 124.42, 305.171, 307.12, 307.86, 307.861,	3340
307.87, 307.88, 308.13, 329.40, 505.60, 505.601, 505.603, 511.23,	3341
703.21, 731.141, 735.05, 737.03, 749.26, 749.28, 749.31, 753.15,	3342
755.29, 755.30, 1545.07, 2907.27, 3316.04, 3316.06, 3709.08,	3343
3709.28, 3709.36, 3729.05, 4123.41, 5301.68, 5301.69, 5705.392,	3344
5705.41, 5715.13, 5715.19, 6115.20, 6119.02, and 6119.10 and	3345
sections 507.07 and 3709.081 of the Revised Code are hereby	3346
repealed.	3347

Section 3. Not later than November 1, 2012, the county	3348
auditor of each county shall furnish to the Auditor of State a	3349
statement showing both of the following:	3350

(A) The formula used in that county for allocating the county	3351
undivided local government fund pursuant to section 5747.53 of the	3352
Revised Code if the fund is allocated by an alternative formula	3353
under that section. If the fund is allocated by the statutory	3354
formula under section 5747.51 of the Revised Code, the statement	3355
shall so indicate.	3356

(B) The dollar amount distributed in 2012 to each subdivision	3357
in that county that received a distribution from the county	3358
undivided local government fund.	3359

Section 4. Notwithstanding any provision of the Revised Code	3360
to the contrary, in 2012, the certification by the Secretary of	3361
State on the seventieth day before the general election of the	3362
forms of the official ballots to be used at that general election	3363
required by division (A) of section 3505.01 of the Revised Code	3364
shall not include the names of the major political party	3365
presidential and vice-presidential candidates.	3366

The major political parties shall certify to the Secretary of	3367
State the names of the candidates for president and vice-president	3368
nominated at their national conventions as soon as possible, but	3369
in no case later than four p.m. on the sixtieth day before the	3370
2012 general election.	3371

The Secretary of State promptly shall amend the original	3372
certification to the boards of elections of each county of the	3373
forms of the official ballots to be used at that general election,	3374
by adding the names of the major party presidential and	3375
vice-presidential candidates that were not included in the	3376
original certification.	3377

For the purpose of this section, "major political party" has	3378
the same meaning as in section 3501.01 of the Revised Code.	3379

Section 5. Section 3 of this act is hereby declared to be an	3380
emergency measure necessary for the immediate preservation of the	3381
public peace, health, and safety. The reason for such necessity is	3382
that the statutory deadline for political parties to certify	3383
presidential and vice-presidential candidates to the Secretary of	3384
State for placement on the ballot for the November 6, 2012,	3385
general election is prior to the date the national conventions of	3386
the major political parties are scheduled to take place.	3387
Therefore, Section 3 of this act shall go into immediate effect.	3388