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SB 208
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As Reported by the Senate State and Local Government and Veterans Affairs Committee

122nd General Assembly
Regular Session
1997-1998

S. B. No. 208

SENATOR LATTA

A BILL

To amend section 305.03 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.

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

Section 1. That section 305.03 of the Revised Code be amended to read as follows:

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 vacant.

(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.

(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.

Section 2. That existing section 305.03 of the Revised Code is hereby repealed.