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As Reported by the Senate State and Local Government
and Veterans Affairs Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 419 |
REPRESENTATIVES HOUSEHOLDER-TERWILLEGER-GARCIA-CAREY-OPFER-
SULZER-O'BRIEN-OGG-PADGETT-LEWIS-THOMPSON-BRADING-GRENDELL-
REID-HODGES-GARDNER-VESPER-SCHULER-MEAD-BUCHY-CATES-HARRIS-
METZGER-MOTTLEY-TIBERI-CALLENDER-BRITTON-WILSON-
TAVARES-PATTON-JOHNSON-BRADY-ROMAN-
SENATOR GARDNER
A BILL
To amend sections 305.06, 305.09, 315.11, and 5735.27 of the Revised Code
to permit a board of county commissioners to hold any or all of its regular
sessions at a location in the county other than
at its
office in the county seat, to allow the board
to provide the county engineer with
an office at a
location outside the county seat,
and to permit counties to use
their share of certain state fuel taxes to purchase or lease buildings to
house equipment and employees used in the construction and maintenance of
county roads.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 305.06, 305.09, 315.11, and 5735.27 of the Revised
Code be
amended to read as follows:
Sec. 305.06. (A) The board of county commissioners shall conduct at
least fifty
regular sessions each year, at the usual AN office of
PROVIDED FOR the board at IN the county
seat OR AT ANOTHER LOCATION AS PROVIDED IN DIVISION (B) OF THIS
SECTION. Each of these sessions shall be conducted at a specific time
fixed in
advance. At each meeting the board shall transact such business AS IT
CONSIDERS NECESSARY OR as required
by law.
(B) THE BOARD OF COUNTY COMMISSIONERS MAY PROVIDE BY RESOLUTION
FOR THE HOLDING OF ANY OR ALL REGULAR SESSIONS OF THE BOARD AT A LOCATION IN
THE
COUNTY
OTHER THAN THE OFFICE PROVIDED FOR THE BOARD IN THE COUNTY SEAT. THE ADOPTION
OF
THE RESOLUTION AND THE LOCATION WHERE THE SESSION OR SESSIONS WILL BE HELD
SHALL BE
ENTERED ON THE JOURNAL OF THE BOARD. THE BOARD SHALL GIVE REASONABLE PUBLIC
NOTICE OF ITS ACTION TAKEN PURSUANT TO THIS DIVISION, IN ACCORDANCE WITH
DIVISION (F) OF SECTION 121.22 of the Revised Code.
Sec. 305.09. All the proceedings of the board of county commissioners shall
be public, at the usual office of PROVIDED FOR the board
at IN the county seat, or at another
location, as provided in DIVISION (B) OF SECTION 305.06 OR
division (B) of section 305.07 of the Revised Code,
and, as far as possible, shall be in conformity with the rules of
parliamentary law.
Sec. 315.11. (A) The county engineer shall keep his THE
ENGINEER'S
office at IN the county seat, OR AT ANOTHER LOCATION AS
PROVIDED IN DIVISION
(B) OF THIS SECTION, in such rooms as are provided by the
board of county commissioners, and which
shall be furnished with all necessary cases and other suitable articles at the
expense of the county. Such office shall also be furnished with all tools,
instruments, books, blanks, and stationery necessary for the proper discharge
of the official duties of such engineer. The cost and expense of such
equipment shall be allowed and paid from the general fund of the county upon
the approval of the board. The engineer and each assistant and deputy of such
engineer shall be allowed his reasonable and necessary expenses,
incurred in
the performance of his official duties.
(B) WITH THE CONSENT OF THE COUNTY ENGINEER, THE BOARD OF COUNTY
COMMISSIONERS MAY PROVIDE BY RESOLUTION
FOR ESTABLISHMENT OF THE PRIMARY OFFICE OF THE COUNTY ENGINEER AT A LOCATION
OUTSIDE THE COUNTY SEAT. THE ADOPTION OF THE RESOLUTION AND THE LOCATION OF
THE ENGINEER'S PRIMARY OFFICE SHALL BE ENTERED ON THE JOURNAL OF THE BOARD.
THE BOARD SHALL GIVE REASONABLE PUBLIC NOTICE OF ITS ACTION TAKEN PURSUANT TO
THIS DIVISION IN ACCORDANCE WITH DIVISION (F) OF SECTION 121.22 of the Revised Code.
Sec. 5735.27. (A) There is hereby created in the state
treasury the gasoline excise tax fund, which shall be distributed
in the following manner:
(1) The amount credited pursuant to divisions (B)(2)(a)
and (C)(2)(a) of section 5735.23 of the Revised Code shall be
distributed among municipal corporations. The amount paid to
each municipal corporation shall be that proportion of the amount
to be so distributed that the number of motor vehicles registered
within such municipal corporation bears to the total number of
motor vehicles registered within all the municipal corporations
of this state during the preceding motor vehicle registration
year. When a new village is incorporated, the registrar of motor
vehicles shall determine from the applications on file in the
bureau of motor vehicles the number of motor vehicles located
within the territory comprising the village during the entire
registration year in which such municipal corporation was
incorporated. The registrar shall forthwith certify the number
of motor vehicles so determined to the tax commissioner for use
in distributing motor vehicle fuel tax funds to such village
until such village is qualified to participate in the
distribution of such funds pursuant to this division. The number
of such motor vehicle registrations shall be determined by the
official records of the bureau of motor vehicles. The amount
received by each municipal corporation shall be used to plan,
construct, reconstruct, repave, widen, maintain, repair, clear,
and clean public highways, roads, and streets; to maintain and
repair bridges and viaducts; to purchase, erect, and maintain
street and traffic signs and markers; to pay the costs
apportioned to the municipal corporation under section 4907.47 of
the Revised Code; to purchase, erect, and maintain traffic lights
and signals; to pay the principal, interest, and charges on bonds
and other obligations issued pursuant to Chapter 133. of the
Revised Code for the purpose of acquiring or constructing roads,
highways, bridges, or viaducts or acquiring or making other
highway improvements for which the municipal corporation may
issue bonds; and to supplement revenue already available for such
purposes.
(2) The amount credited pursuant to division (B) of
section 5735.26 of the Revised Code shall be distributed among
the municipal corporations within the state, in the proportion
which the number of motor vehicles registered within each
municipal corporation bears to the total number of motor vehicles
registered within all the municipal corporations of the state
during the preceding calendar year, as shown by the official
records of the bureau of motor vehicles, and shall be expended by
each municipal corporation to plan, construct, reconstruct,
repave, widen, maintain, repair, clear, and clean public
highways, roads and streets; to maintain and repair bridges and
viaducts; to purchase, erect, and maintain street and traffic
signs and markers; to purchase, erect, and maintain traffic
lights and signals; to pay costs apportioned to the municipal
corporation under section 4907.47 of the Revised Code; to pay the
principal, interest, and charges on bonds and other obligations
issued pursuant to Chapter 133. of the Revised Code for the
purpose of acquiring or constructing roads, highways, bridges, or
viaducts or acquiring or making other highway improvements for
which the municipal corporation may issue bonds; and to
supplement revenue already available for such purposes.
(3) The amount credited pursuant to divisions (B)(2)(b)
and (C)(2)(c) of section 5735.23 of the Revised Code shall be
paid in equal proportions to the county treasurer of each county
within the state and shall be used only for the purposes of
planning, maintaining, and repairing the county system of public
roads and highways within such county; the planning,
construction, and repair of walks or paths along county roads in
congested areas; the planning, construction, PURCHASE, LEASE,
and maintenance of
suitable buildings for the housing AND REPAIR of county road
machinery, HOUSING OF SUPPLIES, AND HOUSING OF PERSONNEL ASSOCIATED
WITH THE MACHINERY AND SUPPLIES; the
payment of costs apportioned to the county under section 4907.47
of the Revised Code; the payment of principal, interest, and
charges on bonds and other obligations issued pursuant to Chapter
133. of the Revised Code for the purpose of acquiring or
constructing roads, highways, bridges, or viaducts or acquiring
or making other highway improvements for which the board of
county commissioners may issue bonds under that chapter; and the
purchase, installation, and maintenance of traffic signal lights.
(4) The amount credited pursuant to division (C) of
section 5735.26 of the Revised Code shall be paid in equal
proportions to the county treasurer of each county for the
purposes of planning, maintaining, constructing, widening, and
reconstructing the county system of public roads and highways;
paying principal, interest, and charges on bonds and other
obligations issued pursuant to Chapter 133. of the Revised Code
for the purpose of acquiring or constructing roads, highways,
bridges, or viaducts or acquiring or making other highway
improvements for which the board of county commissioners may
issue bonds under such chapter; and paying costs apportioned to
the county under section 4907.47 of the Revised Code.
(5) The amount credited pursuant to division (D) of
section 5735.26 and division (C)(2)(b) of section 5735.23 of the
Revised Code shall be divided in equal proportions among the
townships within the state and shall be paid to the county
treasurer of each county for the total amount payable to the
townships within each of the counties. The county treasurer
shall pay to each township within the county its equal
proportional share of the funds, which shall be expended by each
township for the sole purpose of planning, constructing,
maintaining, widening, and reconstructing the public roads and
highways within such township, and paying costs apportioned to
the township under section 4907.47 of the Revised Code.
No part of the funds shall be used for any purpose except
to pay in whole or part the contract price of any such work done
by contract, or to pay the cost of labor in planning,
constructing, widening, and reconstructing such roads and
highways, and the cost of materials forming a part of the
improvement; provided, that such funds may be used for the
purchase of road machinery and equipment and for the planning,
construction, and maintenance of suitable buildings for housing
road machinery and equipment, and that all such improvement of
roads shall be under supervision and direction of the county
engineer as provided in section 5575.07 of the Revised Code. No
obligation against such funds shall be incurred unless plans and
specifications for such improvement, approved by the county
engineer, are on file in the office of the township clerk, and
all contracts for material and for work done by contract shall be
approved by the county engineer before being signed by the board
of township trustees. The board of township trustees of any
township may pass a resolution permitting the board of county
commissioners to expend such township's share of the funds, or
any portion thereof, for the improvement of such roads within the
township as may be designated in the resolution.
All investment earnings of the fund shall be credited to
the fund.
(B) Amounts credited to the highway operating fund
pursuant to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23
and division (A) of section 5735.26 of the Revised Code shall be
expended in the following manner:
(1) The amount credited pursuant to divisions (B)(2)(c)
and (C)(2)(d) of section 5735.23 of the Revised Code shall be
apportioned to and expended by the department of transportation
for the purposes of planning, maintaining, repairing, and keeping
in passable condition for travel the roads and highways of the
state required by law to be maintained by the department; paying
the costs apportioned to the state under section 4907.47 of the
Revised Code; paying that portion of the construction cost of a
highway project which a county, township, or municipal
corporation normally would be required to pay, but which the
director of transportation, pursuant to division (B) of section
5531.08 of the Revised Code, determines instead will be paid from
moneys in the highway operating fund; and paying the costs of the
department of public safety in administering and enforcing the
state law relating to the registration and operation of motor
vehicles.
(2) The amount credited pursuant to division (A) of
section 5735.26 of the Revised Code shall be used for paying the
state's share of the cost of planning, constructing, widening,
maintaining, and reconstructing the state highways; paying that
portion of the construction cost of a highway project which a
county, township, or municipal corporation normally would be
required to pay, but which the director of transportation,
pursuant to division (B) of section 5531.08 of the Revised Code,
determines instead will be paid from moneys in the highway
operating fund; and also for supplying the state's share of the
cost of eliminating railway grade crossings upon such highways
and costs apportioned to the state under section 4907.47 of the
Revised Code. The director of transportation may expend portions
of such amount upon extensions of state highways within municipal
corporations or upon portions of state highways within municipal
corporations, as is provided by law.
Section 2. That existing sections 305.06, 305.09, 315.11, and 5735.27 of the
Revised
Code are hereby repealed.
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