To amend section 301.27 and to enact section 301.28 of the Revised Code to allow the use of county credit cards to pay for work-related transportation and Internet service provider expenses and to authorize a board of county commissioners to pass a resolution specifying financial transfer devices that may be accepted for the payment of expenses to county offices.

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

Sec. 301.27. (A) As used in this section:

(1) "Credit card" includes a gasoline credit card and a telephone credit card.

(2) "Officer" includes an individual who also is an appointing authority.

(3) "Gasoline and oil expenses," "minor motor vehicle maintenance expenses," and "emergency motor vehicle repair expenses" refer to only those expenses incurred for motor vehicles owned or leased by the county.

(B) A credit card held by a board of county commissioners or the office of any other county appointing authority shall be used only to pay work-related food, TRANSPORTATION, gasoline and oil, minor motor vehicle maintenance, emergency motor vehicle repair, telephone, and lodging, AND INTERNET SERVICE PROVIDER expenses.

(C) A county appointing authority may apply to the board of county commissioners for authorization to have an officer or employee of the appointing authority use a credit card held by that appointing authority. The authorization request shall state whether the card is to be issued only in the name of the office of the appointing authority itself or whether the issued card shall also include the name of a specified officer or employee.

(D) The debt incurred as a result of the use of a credit card pursuant to this section shall be paid from moneys appropriated to the appointing authority for work-related food, TRANSPORTATION, gasoline and oil, minor motor vehicle maintenance, emergency motor vehicle repair, telephone, and lodging, AND INTERNET SERVICE PROVIDER expenses.

(E)(1) Except as otherwise provided in division (E)(2) of this section, every officer or employee authorized to use a credit card held by the board or appointing authority shall submit to the board by the first day of each month an estimate of the officer's or employee's work-related food, TRANSPORTATION, gasoline and oil, minor motor vehicle maintenance, emergency motor vehicle repair, telephone, and lodging, AND INTERNET SERVICE PROVIDER expenses for that month, unless the board authorizes, by resolution, the officer or employee to submit to the board such an estimate for a period longer than one month. The board may revise the estimate and determine the amount it approves, if any, not to exceed the estimated amount. The board shall certify the amount of its determination to the county auditor along with the necessary information for the auditor to determine the appropriate appropriation line item from which such expenditures are to be made. After receiving certification from the county auditor that the determined sum of money is in the treasury or in the process of collection to the credit of the appropriate appropriation line item for which the credit card is approved for use, and is free from previous and then-outstanding obligations or certifications, the board shall authorize the officer or employee to incur debt for such expenses against the county's credit up to the authorized amount.

(2) In lieu of following the procedure set forth in division (E)(1) of this section, a board of county commissioners may adopt a resolution authorizing an officer or employee of an appointing authority to use a county credit card to pay for specific classes of the work-related expenses listed in division (B) of this section, or use a specific credit card for any of those work-related expenses listed in division (B) of this section, without submitting an estimate of those expenses to the board as required by division (E)(1) of this section. Prior to adopting the resolution, the board shall notify the county auditor. The resolution shall specify whether the officer's or employee's exemption extends to the use of a specific card, which card shall be identified by its number, or to one or more specific work-related uses from the classes of uses permitted under division (B) of this section. Before any credit card exempted for specific uses may be used to make purchases for uses other than those specific uses listed in the resolution, the procedures outlined in division (E)(1) of this section must be followed or the use shall be considered an unauthorized use. Use of any credit card under division (E)(2) of this section shall be limited to the amount appropriated and encumbered in a specific appropriation line item for the permitted use or uses designated in the authorizing resolution, or, in the case of a resolution that authorizes use of a specific credit card, for each of the permitted uses listed in division (B) of this section, but only to the extent the moneys in such appropriations are not otherwise encumbered.

(F)(1) Any time a county credit card approved for use for an authorized amount under division (E)(1) of this section is used for more than that authorized amount, the appointing authority may request the board of county commissioners to authorize after the fact the expenditure of any amount charged beyond the originally authorized amount if, upon the board's request, the county auditor certifies that sum of money is in the treasury or in the process of collection to the credit of the appropriate appropriation line item for which the credit card was used and is free from previous and then-outstanding obligations or certifications. If the card is used for more than the amount originally authorized and if for any reason that amount is not authorized after the fact, then the county treasury shall be reimbursed for any amount spent beyond the originally authorized amount in the following manner:

(a) If the card is issued in the name of a specific officer or employee, then that officer or employee is liable in person and upon any official bond the officer or employee has given to the county to reimburse the county treasury for the amount charged to the county beyond the originally authorized amount.

(b) If the card was issued to the office of the appointing authority, then the appointing authority is liable in person and upon any official bond the appointing authority has given to the county for the amount charged to the county beyond the originally authorized amount.

(2) Any time a county credit card authorized for use under division (E)(2) of this section is used for more than the amount appropriated under that division, the appointing authority may request the board of county commissioners to issue a supplemental appropriation or make a transfer to the proper line item account as permitted in section 5705.40 of the Revised Code, to cover the amount charged beyond the originally appropriated amount. If the card is used for more than the amount originally appropriated and if for any reason that amount is not appropriated or transferred as permitted by this section, then the county treasury shall be reimbursed for any amount spent beyond the originally appropriated amount in the following manner:

(a) If the card is issued in the name of a specific officer or employee, then that officer or employee is liable in person and upon any official bond the officer or employee has given to the county for reimbursing the county treasury for any amount charged on the card beyond the originally appropriated amount.

(b) If the card is issued in the name of the office of the appointing authority, then the appointing authority is liable in person and upon any official bond the appointing authority has given to the county for reimbursement for any amount charged on the card beyond the originally appropriated amount.

(3) Whenever any officer or employee authorized to use a credit card held by the board or the office of any other county appointing authority suspects the loss, theft, or possibility of unauthorized use of the county credit card the officer or employee is authorized to use, the officer or employee shall so notify the officer's or employee's appointing authority or the board immediately and in writing.

(4) If the county auditor determines there has been a credit card expenditure beyond the appropriated or authorized amount as provided in division (E) of this section, the auditor immediately shall notify the board of county commissioners of this fact. When the board of county commissioners determines on its own or after notification from the county auditor that the county treasury should be reimbursed for credit card expenditures beyond the appropriated or authorized amount as provided in divisions (F)(1) and (2) of this section, it shall give written notice to the officer or employee or appointing authority liable to the treasury as provided in divisions (F)(1) and (2) of this section. If, within thirty days after issuance of this written notice the county treasury is not reimbursed for the amount shown on the written notice, the prosecuting attorney of the county shall recover that amount from the officer or employee or appointing authority who is liable under this section by civil action in any court of appropriate jurisdiction.

(G) Use of a county credit card for any use other than those permitted under division (B) of this section is a violation of law for the purposes of division (D) of section 2913.21 of the Revised Code.

Sec. 301.28. (A) AS USED IN THIS SECTION:

(1) "FINANCIAL TRANSACTION DEVICE" INCLUDES A CREDIT CARD, DEBIT CARD, ELECTRONIC TRANSFER, OR WIRE TRANSFER.

(2) "COUNTY EXPENSES" INCLUDES FEES, COSTS, TAXES, ASSESSMENTS, FINES, PENALTIES, PAYMENTS, OR ANY OTHER EXPENSE A PERSON OWES TO A COUNTY OFFICE UNDER THE AUTHORITY OF A COUNTY ELECTED OFFICIAL.

(3) "COUNTY ELECTED OFFICIAL" INCLUDES THE COUNTY AUDITOR, COUNTY TREASURER, COUNTY ENGINEER, COUNTY RECORDER, COUNTY PROSECUTING ATTORNEY, COUNTY SHERIFF, AND COUNTY CORONER, AND THE CLERK OF THE COURT OF COMMON PLEAS, THE CLERK OF A COUNTY-OPERATED MUNICIPAL COURT, AND THE CLERK OF A COUNTY COURT.

(B) NOTWITHSTANDING ANY OTHER SECTION of the Revised Code, A BOARD OF COUNTY COMMISSIONERS MAY ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF PAYMENTS BY FINANCIAL TRANSACTION DEVICES FOR COUNTY EXPENSES. THE RESOLUTION SHALL INCLUDE THE FOLLOWING:

(1) A SPECIFICATION OF THOSE COUNTY ELECTED OFFICIALS WHO ARE AUTHORIZED TO ACCEPT PAYMENTS BY FINANCIAL TRANSACTION DEVICES;

(2) A LIST OF COUNTY EXPENSES THAT MAY BE PAID FOR THROUGH THE USE OF A FINANCIAL TRANSACTION DEVICE;

(3) SPECIFIC IDENTIFICATION OF FINANCIAL TRANSACTION DEVICES THAT THE BOARD AUTHORIZES AS ACCEPTABLE MEANS OF PAYMENT FOR COUNTY EXPENSES. UNIFORM ACCEPTANCE OF FINANCIAL TRANSACTION DEVICES AMONG DIFFERENT TYPES OF COUNTY EXPENSES IS NOT REQUIRED.

(4) IDENTIFICATION OF THE FINANCIAL INSTITUTIONS AUTHORIZED TO PROCESS FINANCIAL TRANSACTIONS MADE BY FINANCIAL TRANSACTION DEVICES;

(5) THE AMOUNT, IF ANY, AUTHORIZED AS A SURCHARGE OR CONVENIENCE FEE UNDER DIVISION (D) OF THIS SECTION FOR PERSONS USING A FINANCIAL TRANSACTION DEVICE. UNIFORM APPLICATION OF SURCHARGES OR CONVENIENCE FEES AMONG DIFFERENT TYPES OF COUNTY EXPENSES IS NOT REQUIRED.

(6) A SPECIFIC PROVISION AS PROVIDED IN DIVISION (F) OF THIS SECTION REQUIRING THE PAYMENT OF A PENALTY IF A PAYMENT MADE BY FINANCIAL TRANSACTION DEVICE IS RETURNED OR DISHONORED FOR ANY REASON.

A BOARD OF COUNTY COMMISSIONERS ADOPTING A RESOLUTION UNDER THIS SECTION SHALL SEND A COPY OF THE RESOLUTION TO EACH COUNTY ELECTED OFFICIAL IN THE COUNTY WHO IS AUTHORIZED TO ACCEPT PAYMENTS BY FINANCIAL TRANSACTION DEVICES. AFTER RECEIVING THE RESOLUTION AND BEFORE ACCEPTING PAYMENTS BY FINANCIAL TRANSACTION DEVICES, A COUNTY ELECTED OFFICIAL SHALL PROVIDE WRITTEN NOTIFICATION TO THE BOARD OF COUNTY COMMISSIONERS OF THE OFFICIAL'S INTENT TO IMPLEMENT THE RESOLUTION WITHIN THE OFFICIAL'S OFFICE.

(C) IF A COUNTY OFFICE UNDER THE AUTHORITY OF A COUNTY ELECTED OFFICIAL IS DIRECTLY RESPONSIBLE FOR COLLECTING ONE OR MORE COUNTY EXPENSES AND THE COUNTY ELECTED OFFICIAL DETERMINES NOT TO ACCEPT PAYMENTS BY FINANCIAL TRANSACTION DEVICES FOR ONE OR MORE OF THOSE EXPENSES, THE OFFICE SHALL NOT BE REQUIRED TO ACCEPT PAYMENTS BY FINANCIAL TRANSACTION DEVICES, NOTWITHSTANDING THE ADOPTION OF A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS UNDER THIS SECTION.

(D) A BOARD OF COUNTY COMMISSIONERS MAY ESTABLISH A SURCHARGE OR CONVENIENCE FEE THAT MAY BE IMPOSED UPON A PERSON MAKING PAYMENT BY A FINANCIAL TRANSACTION DEVICE. THE AMOUNT OF THE SURCHARGE OR CONVENIENCE FEE, IF ANY, SHALL BE REASONABLY RELATED TO THE COSTS INCURRED BY THE COUNTY IN PROCESSING PAYMENTS MADE BY THE FINANCIAL TRANSACTION DEVICE BUT SHALL NOT EXCEED THE COSTS INCURRED BY THE COUNTY BY MORE THAN TWO PER CENT. THE SURCHARGE OR CONVENIENCE FEE SHALL NOT BE IMPOSED UNLESS AUTHORIZED BY THE RULES PRESCRIBED BY ANY AGREEMENT GOVERNING THE USE AND ACCEPTANCE OF THE FINANCIAL TRANSACTION DEVICE.

(E) IF A PERSON ELECTS TO MAKE A PAYMENT TO THE COUNTY BY A FINANCIAL TRANSACTION DEVICE AND A SURCHARGE OR CONVENIENCE FEE IS IMPOSED, THE PAYMENT OF THE SURCHARGE OR FEE SHALL BE CONSIDERED VOLUNTARY AND THE SURCHARGE OR FEE IS NOT REFUNDABLE.

(F) IF A PERSON MAKES PAYMENT BY FINANCIAL TRANSACTION DEVICE AND THE PAYMENT IS RETURNED OR DISHONORED FOR ANY REASON, THE PERSON IS LIABLE TO THE COUNTY FOR PAYMENT OF A PENALTY OVER AND ABOVE THE AMOUNT OF THE EXPENSE DUE. THE BOARD OF COUNTY COMMISSIONERS SHALL DETERMINE THE AMOUNT OF THE PENALTY, WHICH MAY BE EITHER A FEE NOT TO EXCEED TWENTY DOLLARS OR PAYMENT OF THE AMOUNT NECESSARY TO REIMBURSE THE COUNTY FOR BANKING CHARGES, LEGAL FEES, OR OTHER EXPENSES INCURRED BY THE COUNTY IN COLLECTING THE RETURNED OR DISHONORED PAYMENT. THE REMEDIES AND PROCEDURES PROVIDED IN THIS SECTION ARE IN ADDITION TO ANY OTHER AVAILABLE CIVIL OR CRIMINAL REMEDIES PROVIDED BY LAW.

(G) NO PERSON MAKING ANY PAYMENT BY FINANCIAL TRANSACTION DEVICE TO A COUNTY OFFICE SHALL BE RELIEVED FROM LIABILITY FOR THE UNDERLYING OBLIGATION EXCEPT TO THE EXTENT THAT THE COUNTY REALIZES FINAL PAYMENT OF THE UNDERLYING OBLIGATION IN CASH OR ITS EQUIVALENT. IF FINAL PAYMENT IS NOT MADE BY THE FINANCIAL TRANSACTION DEVICE ISSUER OR OTHER GUARANTOR OF PAYMENT IN THE TRANSACTION, THE UNDERLYING OBLIGATION SHALL SURVIVE AND THE COUNTY SHALL RETAIN ALL REMEDIES FOR ENFORCEMENT THAT WOULD HAVE APPLIED IF THE TRANSACTION HAD NOT OCCURRED.

(H) A COUNTY ELECTED OFFICIAL OR EMPLOYEE WHO ACCEPTS A FINANCIAL TRANSACTION DEVICE PAYMENT IN ACCORDANCE WITH THIS SECTION AND ANY APPLICABLE STATE OR LOCAL POLICIES OR RULES IS IMMUNE FROM PERSONAL LIABILITY FOR THE FINAL COLLECTION OF SUCH PAYMENTS.