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(122nd General Assembly)(Amended Senate Bill Number 208)
To amend sections 305.03 and 5705.34 of the Revised Code to require the
coroner to serve as
county commissioner whenever two of a county's commissioners are absent
because of illness or injury to require a county budget commission to include,
in the information that it certifies to a taxing authority after completing
its work on a tax budget, the expiration date of each tax levy.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 305.03 and 5705.34 of the Revised Code be amended to
Sec. 305.03. (A) Whenever any county officer fails to
perform the duties of
his office for ninety consecutive days,
except in case of sickness or injury as provided in divisions (B)
and (C) of this section, his the office shall be deemed vacant.
(B) Whenever any county officer is absent because of
sickness or injury,
he the officer shall cause to be filed with
the board of
county commissioners a physician's certificate of his the
officer's sickness or
injury. If such certificate is not filed with the board within
ten days after the expiration of ninety consecutive days of
absence, his the office shall be deemed vacant.
(C) Whenever a county officer files a physician's
certificate under division (B) of this section, but continues to
be absent for an additional thirty days commencing immediately
after the last day on which this certificate may be filed under
division (B) of this section,
his the office shall be deemed
(D) If at any time two county commissioners in a county are
absent and have filed a physician's certificate under division (B) of
this section, the county coroner, in addition to performing the duties of
coroner, shall serve as county commissioner until at least one of the absent
commissioners returns to office or until the office of at least one of the
absent commissioners is deemed vacant under this section and the vacancy is
filled. If the coroner so requests, the coroner shall be paid a per diem rate
for the coroner's service as a commissioner. That per diem rate shall be the
annual salary specified by law for a county commissioner of that county whose
term of office began in the same year as the coroner's term of office began,
divided by the number of days in the year.
While the coroner is serving as a county commissioner, the coroner shall be
considered an acting county commissioner and shall perform the duties of the
office of county commissioner until at least one of the absent commissioners
returns to office or until the office of at least one of the absent
commissioners is deemed vacant. Before assuming the office of acting county
commissioner, the coroner shall take an oath of office as provided in
sections 3.22 and 3.23 Of the Revised Code. The coroner's service as an acting county
commissioner does not constitute the holding of an incompatible public office
or employment in violation of any statutory or common law prohibition against
the simultaneous holding of more than one public officer or employment.
The coroner shall give a new bond in the same amount and signed and
approved as provided in section 305.04 Of the Revised Code. THe bond shall be conditioned
for the faithful discharge of the coroner's duties as acting county
commissioner and for the payment of any loss or damage that the county may
sustain by reason of the coroner's failure in those duties. The bond, along
with the oath of office and approval of the probate judge indorsed on it,
shall be deposited and paid for as provided for the bonds in section 305.04
Of the Revised Code.
(E) Any vacancy declared under this section shall be filled in
the manner provided by section 305.02 of the Revised Code.
(F) This section shall not apply to a county officer while in
the active military service of the United States.
Sec. 5705.34. When the budget commission has completed its work with respect
to a tax budget it shall certify its action to the taxing authority, together
with an estimate by the county auditor of the rate of each tax necessary to be
levied by the taxing authority within its subdivision or taxing unit, and what
part thereof is in excess of, and what part within, the ten-mill tax
Each The certification shall also indicate the date on
which each tax levied by the taxing authority will expire.
Each taxing authority, by ordinance or resolution, shall
authorize the necessary tax levies and certify them to the county auditor
before the first day of October in each year, or at such later date as is
approved by the tax commissioner, except that the certification by a board of
education shall be made by the first day of April or at such later date as is
approved by the commissioner, and except that a township board of park
commissioners that is appointed by the board of township trustees and oversees
a township park district that contains only unincorporated territory shall
authorize only those taxes approved by, and only at the rate approved by, the
board of township trustees as required by division (C) of section 511.27 of
the Revised Code. If the levying of a tax to be placed on the duplicate of
the current year is approved by the electors of the subdivision under sections
5705.01 to 5705.47 of the Revised Code; if the rate of a school district tax
is increased due to the repeal of a school district income tax and property
tax rate reduction at an election held pursuant to section 5748.04 of the
Revised Code; or if refunding bonds to refund all or a part of the principal
of bonds payable from a tax levy for the ensuing fiscal year are issued or
sold and in the process of delivery, the budget commission shall reconsider
and revise its action on the budget of the subdivision or school library
district for whose benefit the tax is to be levied after the returns of such
election are fully canvassed, or after the issuance or sale of such refunding
bonds is certified to it.
SECTION 2 . That existing sections 305.03 and 5705.34 of the Revised Code are