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(123rd General Assembly)(Substitute House Bill Number 544)
AN ACT
To amend sections 9.44, 124.13, 124.38, 303.99, 325.19, 504.11, 519.99,
711.10, 713.22, and 5555.46 of the Revised Code to
authorize
a regional or county planning commission to send certain notices by electronic
mail as well as regular mail, to require a regional or county planning
commission to send notice to all townships at least thirty days before a
public hearing on the adoption or amendment of its rules, to make changes to
the composition of county planning commissions, to extend the period of
time over which property owners may pay special assessments for county road
improvements and the maturity of related bonds from ten to twenty years,
to state that the procedures
for adopting resolutions in the Township Limited Home Rule Government Law
apply only to resolutions adopted pursuant to that Law,
to increase the maximum fines
for violating county and township zoning regulations from $100 to $500,
to temporarily permit
the transfer of surplus moneys in a township artificial lighting
fund to another township fund, to authorize certain county
appointing authorities to count prior service with a regional council of
government for the purpose of determining years of service in the accrual of
earned vacation leave and for the purpose of determining the credit for unused
sick leave when an employee transfers, and to declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 9.44, 124.13, 124.38, 303.99, 325.19, 504.11, 519.99,
711.10, 713.22, and 5555.46 of the Revised Code be amended to read as follows:
Sec. 9.44. (A) Except as otherwise provided in this
section, a person employed, other than as an elective officer, by
the state or any political subdivision of the state, earning
vacation credits currently, is entitled to have his the
employee's prior service
with any of these employers counted as service with the state or
any political subdivision of the state, for the purpose of
computing the amount of his the employee's vacation leave. The
anniversary date
of his employment for the purpose of computing the amount of his
the employee's
vacation leave, unless deferred pursuant to the appropriate law,
ordinance, or regulation, is the anniversary date of such prior
service. (B) To determine prior service for the purpose of
computing the amount of vacation leave for a person initially
employed on or after July 5, 1987, by: (1) A municipal corporation, the person shall have only
his prior service within that municipal corporation counted; (2) A township, the person shall have only his prior
service with a township counted. (C) An employee who has retired in accordance with the
provisions of any retirement plan offered by the state and who is
employed by the state or any political subdivision of the state
on or after June 24, 1987, shall not have his prior service with
the state or, any political subdivision of the state,
or a regional council of government established in accordance with
Chapter 167. of the Revised Code counted for
the purpose of computing vacation leave. Sec. 124.13. (A) As used in this section, "state employee" means a state
employee who does not accrue vacation leave under section 124.134 of
the Revised Code. (B) Each full-time state employee or county human services
department of job and family services employee, including
full-time hourly rate employees, after service of one year with
the state, or any political subdivision of the state, shall have
earned and will be due upon the attainment of the first year of
employment, and annually thereafter, eighty hours of vacation
leave with full pay. One year of service shall be computed on
the basis of twenty-six biweekly pay periods. A full-time state
employee, or county human services department of job and family
services employee with eight or
more
years of service with the state or any political subdivision of
the state shall have earned and is entitled to one hundred twenty
hours of vacation leave with full pay. A full-time state
employee or county human services department of job and family
services employee with fifteen or
more
years of service with the state or any political subdivision of
the state shall have earned and is entitled to one hundred sixty
hours of vacation leave with full pay. A full-time state
employee or county human services department of job and family
services employee with twenty-five
years
of service with the state or any political subdivision of the
state shall have earned and is entitled to two hundred hours of
vacation leave with full pay. Such vacation leave shall accrue
to the employee at the rate of three and one-tenth hours each
biweekly period for those entitled to eighty hours per year; four
and six-tenths hours each biweekly period for those entitled to
one hundred twenty hours per year; six and two-tenths hours each
biweekly period for those entitled to one hundred sixty hours per
year; and seven and seven-tenths hours each biweekly period for
those entitled to two hundred hours per year. The appointing authority of a county department of job and family services
may permit all or any part of a person's prior service with any regional
council of government established in accordance with Chapter 167.
of the Revised Code to be considered service with the state or any political subdivision of
the state for the purpose of determining years of service under this division. (C) Full-time state and county human services
department of job and family services employees who are in active pay
status for less
than eighty hours in a pay period, and part-time state employees, shall
earn
vacation leave on a prorated basis. The ratio between the hours worked and
the vacation hours earned by these classes of employees shall be the same as
the ratio between the hours worked and the vacation hours earned by a
full-time state or county human services department of job and
family services employee who works
forty hours in a pay period and who has the same
amount of service as provided for in this section. (D) An employee shall take vacation leave during the
year
in which it accrues and is available for use that equals not less than the
amount of vacation leave that the employee accrues and has available to use
during that year,
except that an appointing authority may permit an employee to carry over
vacation leave to the following year. As used in this division, "year" means
the twelve-month period that commences on an employee's anniversary date of
employment. Employees shall forfeit
their right to take or to be paid
for any vacation leave to their credit which is in excess of the
accrual for three years. Such excess leave shall be eliminated
from the employees' leave balance. (E) Upon separation from state service, an employee shall
be
entitled to compensation at the employee's current rate of
pay for all lawfully accrued and unused vacation leave to the employee's
credit at the time of separation up to three years. In case of transfer of an
employee from one state agency to another, or between a county
and the state, the employee may elect to be compensated at the
employee's current rate of pay for accrued and unused vacation leave at
the time of transfer by the releasing agency or to retain the accrued
and unused vacation leave. In case of death of an employee, such
unused vacation leave shall be paid in accordance with section
2113.04 of the Revised Code, or to the employee's estate. Notwithstanding
section 325.19 of the Revised Code, county human department of job
and family services
employees shall receive vacation benefits as provided in this
section. Sec. 124.38. Each of the following shall be entitled for
each completed eighty hours of service to sick leave of four and
six-tenths hours with pay: (A) Employees in the various offices of the county,
municipal, and civil service township service, other than
superintendents and management employees, as defined in section
5126.20 of the Revised Code, of county boards of mental
retardation and developmental disabilities; (B) Employees of any state college or university; (C) Employees of any board of education for whom sick
leave is not provided by section 3319.141 of the Revised Code.
Employees Employees may use sick leave, upon approval of the responsible
administrative officer of the employing unit, for absence due to
personal illness, pregnancy, injury, exposure to contagious
disease which that could be communicated to other
employees, and to
illness, injury, or death in the employee's immediate family.
Unused sick leave shall be cumulative without limit. When sick
leave is used, it shall be deducted from the employee's credit on
the basis of one hour for every one hour of absence from
previously scheduled work. The The previously accumulated sick leave
of an employee who has been separated from the public service
shall be placed to his the employee's credit upon his
the employee's re-employment in the
public service, provided that such re-employment takes place
within ten years of the date on which the employee was last
terminated from public service. An employee who transfers from
one public agency to another shall be credited with the unused
balance of his the employee's accumulated sick leave up to the
maximum of the
sick leave accumulation permitted in the public agency to which
the employee transfers. The The appointing authorities of the various offices of the county service may
permit all or any part of a person's accrued but unused sick leave acquired
during service with any regional council of government established in
accordance with Chapter 167. of the Revised Code to be credited to the employee upon
a transfer as if the employee were transferring from one public agency to
another under this section. The appointing authority of each
employing unit shall require an employee to furnish a
satisfactory written, signed statement to justify the use of sick
leave. If medical attention is required, a certificate stating
the nature of the illness from a licensed physician shall be
required to justify the use of sick leave. Falsification of
either a written, signed statement or a physician's certificate
shall be grounds for disciplinary action, including dismissal. This section does not interfere with existing unused sick
leave credit in any agency of government where attendance records
are maintained and credit has been given employees for unused
sick leave. Notwithstanding this section or any other section of the
Revised Code, any appointing authority of a county office,
department, commission, board, or body may, upon notification to
the board of county commissioners, establish alternative
schedules of sick leave for employees of the appointing authority
for whom the state employment relations board has not established
an appropriate bargaining unit pursuant to section 4117.06 of the
Revised Code, provided that the alternative schedules are not
inconsistent with the provisions of a collective bargaining
agreement covering other employees of that appointing authority. Sec. 303.99. (A) Whoever violates sections 303.01 to 303.25,
inclusive, of
the Revised Code, shall be fined not more than one five
hundred dollars for
each
offense. Sec. 325.19. (A)(1) The granting of vacation leave under
division (A)(1) of this section is subject to divisions (A)(2)
and (3) of this section. Each full-time employee in the several
offices and departments of the county service, including
full-time hourly rate employees, after service of one year with
the county or any political subdivision of the state, shall have
earned and will be due upon the attainment of the first year of
employment, and annually thereafter, eighty hours of vacation
leave with full pay. One year of service shall be computed on
the basis of twenty-six biweekly pay periods. A full-time county
employee with eight or more years of service with the county or
any political subdivision of the state shall have earned and is
entitled to one hundred twenty hours of vacation leave with full
pay. A full-time county employee with fifteen or more years of
service with the county or any political subdivision of the state
shall have earned and is entitled to one hundred sixty hours of
vacation leave with full pay. A full-time county employee with
twenty-five years of service with the county or any political
subdivision of the state shall have earned and is entitled to two
hundred hours of vacation leave with full pay. Such vacation
leave shall accrue to the employee at the rate of three and
one-tenth hours each biweekly period for those entitled to eighty
hours per year; four and six-tenths hours each biweekly period
for those entitled to one hundred twenty hours per year; six and
two-tenths hours each biweekly period for those entitled to one
hundred sixty hours per year; and seven and seven-tenths hours
each biweekly period for those entitled to two hundred hours per
year. The appointing authorities of the offices and departments of the county
service may permit all or any part of a person's prior service with any
regional council of government established in accordance with Chapter
167. of the Revised Code to be considered service with the county or a political subdivision
of the state for the purpose of determining years of service under this
division. (2) Full-time employees granted vacation leave under
division (A)(1) of this section who render any standard of
service other than forty hours per week as described in division
(J) of this section and who are in active pay status in a
biweekly pay period, shall accrue a number of hours of vacation
leave during each such pay period that bears the same ratio to
the number of hours specified in division (A)(1) of this section
as their number of hours which are accepted as full-time in
active pay status, excluding overtime hours, bears to eighty
hours. (3) Full-time employees granted vacation leave under
division (A)(1) of this section who are in active pay status in a
biweekly pay period for less than eighty hours or the number of
hours of service otherwise accepted as full-time by their
employing office or department shall accrue a number of hours of
vacation leave during that pay period that bears the same ratio
to the number of hours specified in division (A)(1) of this
section as their number of hours in active pay status, excluding
overtime hours, bears to eighty or the number of hours of service
accepted as full-time, whichever is applicable. (B) A board of county commissioners, by resolution, may
grant vacation leave with full pay to part-time county employees.
A part-time county employee shall be eligible for vacation leave
with full pay upon the attainment of the first year of
employment, and annually thereafter. The ratio between the hours
worked and the vacation hours awarded to a part-time employee
shall be the same as the ratio between the hours worked and the
vacation hours earned by a full-time employee as provided for in
this section. (C) Days specified as holidays in section 124.19 of the
Revised Code shall not be charged to an employee's vacation
leave. Vacation leave shall be taken by the employee during the
year in which it accrued and prior to the next recurrence of the
anniversary date of the employee's employment, provided the appointing
authority may, in special and meritorious cases, permit such
employee to accumulate and carry over his the employee's
vacation leave to the
following year. No vacation leave shall be carried over for more
than three years. An employee is entitled to compensation, at
the employee's current rate of pay, for the prorated portion
of any earned but unused vacation leave for the current year to the employee's
credit at time of separation, and in addition shall be compensated for any
unused vacation leave accrued to the employee's credit, with the permission
of the appointing authority, for the three years immediately preceding the
last anniversary date of employment. (D)(1) In addition to vacation leave, a full-time county
employee is entitled to eight hours of holiday pay for New Year's
day, Martin Luther King day, Washington-Lincoln day, Memorial
day, Independence day, Labor day, Columbus day, Veterans' day,
Thanksgiving day, and Christmas day, of each year. Except
as provided in division (D)(2) of this section, holidays
shall occur on the days specified in section 1.14 of the Revised
Code. In the event that If any of the aforesaid
those holidays fall on
Saturday, the Friday immediately preceding shall be observed as
the holiday. In the event that If any of the aforesaid
those holidays
fall on Sunday, the Monday immediately succeeding shall be
observed as the holiday. If an employee's work schedule is other
than Monday through Friday, the employee is entitled to
holiday pay for holidays observed on the employee's day off regardless of the
day of the week on which they are observed. (2)(a) When a classified employee of a county board of mental
retardation and developmental disabilities works at a site maintained by a
government entity other than the board, such as a public school, the board may
adjust the employee's holiday schedule to conform to the schedule adopted by
the government entity. Under an adjusted holiday schedule, an employee shall
receive the number of hours of holiday pay granted under division
(D)(1) of this section. (b) Pursuant to division (H)(6) of section 339.06 of the Revised Code,
a county hospital may observe Martin Luther King
day, Washington-Lincoln day, Columbus day, and
Veterans' day on days other than those specified in section 1.14
of the Revised Code. (E) In the case of the death of a county employee, the
unused vacation leave and unpaid overtime to the credit of any
such employee, shall be paid in accordance with section 2113.04
of the Revised Code, or to the employee's estate. (F) Notwithstanding this section or any other section of
the Revised Code, any appointing authority of a county office,
department, commission, board, or body may, upon notification to
the board of county commissioners, establish alternative
schedules of vacation leave and holidays for employees of the
appointing authority for whom the state employment relations
board has not established an appropriate bargaining unit pursuant
to section 4117.06 of the Revised Code, provided that the
alternative schedules are not inconsistent with the provisions of
a collective bargaining agreement covering other employees of
that appointing authority. (G) The employees of a county children services board that
establishes vacation benefits under section 5153.12 of the
Revised Code are exempt from division (A) of this section. (H) The provisions of this section do not apply to
superintendents and management employees of county boards of
mental retardation and developmental disabilities. (I) Division (A) of this section does not apply to an employee of
a county board of mental retardation and developmental disabilities who works
at, or provides transportation services to pupils of, a special education
program provided by the county board pursuant to division (A)(4) of
section 5126.05 of the Revised Code, if the employee's employment is based on a school year
and the employee is not subject to a contract with the county board that
provides for division (A) of this section to apply to the employee. (J) As used in this section: (1) "Full-time employee" means an employee whose regular
hours of service for a county total forty hours per week, or who
renders any other standard of service accepted as full-time by an
office, department, or agency of county service. (2) "Part-time employee" means an employee whose regular
hours of service for a county total less than forty hours per
week, or who renders any other standard of service accepted as
part-time by an office, department, or agency of county service,
and whose hours of county service total at least five hundred
twenty hours annually. (3) "Management employee" has the same meaning as in
section 5126.20 of the Revised Code. Sec. 504.11. (A) The vote on the question of passage of
each a resolution provided for in section 504.10 of the
Revised Code or a motion related to that
resolution shall be taken by yeas and nays and
entered on the journal, and no the resolution or motion shall
not be
passed without concurrence of a majority of all members of the
board of township trustees, except that each emergency resolution under
that section
shall require the affirmative vote of all of the members of the
board for its enactment. If an emergency resolution fails to
receive the required vote for passage as an emergency measure but
receives the necessary majority for passage as a nonemergency
resolution, it shall be considered passed as a nonemergency
resolution. Except as otherwise provided in division (B) of this
section, a resolution shall become effective thirty days after it
is filed with the township clerk. Each emergency resolution
shall determine that the resolution is necessary for the
immediate preservation of the public peace, health, safety, or
welfare, and shall contain a statement of the necessity for the
emergency. Each resolution shall be authenticated by the
signature of the township clerk. However, but the failure or
refusal
of the clerk to sign a resolution shall not invalidate an
otherwise properly enacted resolution. (B) Each resolution appropriating money, submitting a
question to the electorate, determining to proceed with an
election, or providing for the approval of a revision,
codification, recodification, or rearrangement of resolutions, or
publication thereof of resolutions in book form, and any
emergency resolution,
shall take effect, unless a later time is specified in the
resolution, ten days after it is filed with the township clerk. (C) Each resolution shall be recorded in a book, or other
record prescribed by the board, established and maintained for
that purpose. The township clerk or a duly authorized deputy to
the clerk shall, upon the request of any person and upon the
payment of a fee established by the board, certify true copies of
any resolution, and these certified copies shall be admissible as
evidence in any court. (D) The procedures provided in this section apply only to
resolutions adopted pursuant to a township's limited home rule powers as
authorized by this chapter. Sec. 519.99. (A) Whoever violates sections 519.01 to 519.25,
inclusive,
of
the Revised Code shall be fined not more than one five hundred
dollars for each
offense. Sec. 711.10. Whenever a county planning commission or a
regional planning commission adopts a plan for the major streets
or highways of the county or region, then no plat of a
subdivision of land within the county or region, other than land
within a municipal corporation or land within three miles of a
city or one and one-half miles of a village as provided in
section 711.09 of the Revised Code, shall be recorded until it is
approved by the county or regional planning commission and the
approval is endorsed in writing on the plat. Within five days
after
the submission of a plat for approval, the county or regional
planning commission shall schedule a meeting to consider the plat
and send a written notice by regular mail or by electronic mail
to the clerk of the board of
township trustees of the
township in which a proposed the plat is located. The notice
shall
inform the trustees of the submission of the proposed plat and of
the date, time, and location of any meeting at which the county
or regional planning commission will consider or act upon the
proposed plat. The meeting shall take place within thirty days
after submission of the plat, and no meeting shall be held
until at
least seven days have passed from the date the notice was sent by
the planning commission. The The approval of the planning commission
or the refusal to approve shall be endorsed on the plat within
thirty days after the submission of the plat for approval, or
within such further time as the applying party may agree to in
writing; otherwise that plat is deemed approved, and the
certificate of the planning commission as to the date of the
submission of the plat for approval and the failure to take
action on it within that time shall
be sufficient in lieu of
the written endorsement or evidence of approval required by this
section. A county or regional planning commission shall not
require a person submitting the plat to alter the plat or any
part of it as a condition for approval, as long as the plat is in
accordance with the general rules governing plats and
subdivisions of land, adopted by the commission as provided in
this section, in effect at the time the plat was is submitted.
The
ground of refusal of approval of any plat submitted, including
citation of or reference to the rule violated by the plat, shall
be stated upon the record of the commission. Within sixty days
after the refusal, the person submitting any plat
which that the
county or regional planning commission refuses to approve may
file a petition in the court of common pleas of the proper county,
and the proceedings on the petition shall be governed by
section 711.09
of the Revised Code as in the case of the refusal of a planning
authority to approve a plat. A board of township trustees is not
entitled to appeal a decision of the county or regional planning
commission under this section. Any such A county or regional planning commission shall adopt
general rules, of uniform application, governing plats and
subdivisions of land falling within its jurisdiction, to secure
and provide for the proper arrangement of streets or other
highways in relation to existing or planned streets or highways
or to the county or regional plan, for adequate and convenient
open spaces for traffic, utilities, access of fire-fighting
firefighting
apparatus, recreation, light, and air, and for the avoidance of
congestion of population. The rules may provide for their
modification by the county or regional planning
commission in specific cases where unusual topographical and
other exceptional conditions require the modification. The
rules may require the county department of health to review and
comment on a plat before the county or regional planning
commission acts upon it and may also require proof of compliance
with any applicable zoning resolutions as a basis for approval of a
plat.
Before adoption of its rules or amendment of its
rules, a public
hearing shall be held on the adoption or amendment by
the commission. However, no Notice of the public hearing shall be
sent to all townships in the county or region by regular mail or electronic
mail at least thirty days before the hearing. No
county or regional planning commission shall adopt any rules
requiring actual construction of streets or other improvements or
facilities or assurance of that construction as a condition
precedent to the approval of a plat of a subdivision unless
the requirements have first been adopted by the board of county
commissioners after a public hearing.
A copy of the rules
shall be certified by the planning commission to the county recorders
of the appropriate counties. After After a county or regional street
or highway plan has been adopted as provided in this section, the
approval of plats and subdivisions provided for in this section
shall be in lieu of any approvals provided for in other sections
of the Revised Code, so far as the territory within the approving
jurisdiction of the county or regional planning commission, as
provided in this section, is concerned. Approval of a plat shall
not be an acceptance by the public of the dedication of any
street, highway, or other way or open space shown upon the plat.
Any such county or regional planning commission and a city or
village planning commission, or platting commissioner or
legislative authority of a village, with subdivision regulation
jurisdiction over unincorporated territory within the county or
region may cooperate and agree by written agreement that the
approval of a plat by the city or village planning commission, or
platting commissioner or legislative authority of a village, as
provided in section 711.09 of the Revised Code, shall be
conditioned upon receiving advice from or approval by the county
or regional planning commission. Sec. 713.22. (A) The board of county commissioners of any
county may, and on petition of the planning commissions of a
majority of the municipal corporations in the county having such
those
planning commissions shall, provide for the
organization and
maintenance of a county planning commission. Except as
provided in division (B) of this section, a A county
planning commission shall consist of eight
members appointed by the board of county commissioners, together
with the members of the board
of county commissioners.
If, or their alternates designated in accordance with this
division, and eight other members appointed by the board in accordance with
divisions (B)(1) to (4) of this section
OR THEIR ALTERNATES
DESIGNATED AND APPROVED IN ACCORDANCE WITH THIS DIVISION.
ANY ALTERNATE DESIGNATED UNDER THIS DIVISION
SHALL BE A RESIDENT OF THE COUNTY. To designate an alternate for a member of the board of county
commissioners, the board member shall send a letter of appointment to the
alternate and deliver a copy of that letter to the clerk of the
board of county commissioners. At the next regular meeting of the
board, the clerk shall inform the board of the designation of the
alternate, and the board shall have the designation entered on the
journal. TO DESIGNATE AN ALTERNATE FOR ANY OTHER MEMBER OF THE PLANNING
COMMISSION, the MEMBER SHALL SEND A LETTER OF APPOINTMENT TO THE
CLERK OF THE BOARD OF COUNTY COMMISSIONERS DESIGNATING AN INDIVIDUAL TO SERVE
AS THAT MEMBER'S
ALTERNATE. AT THE NEXT REGULAR MEETING OF THE BOARD, THE CLERK SHALL INFORM
THE BOARD OF THE
DESIGNATION OF THE ALTERNATE, WHICH DESIGNATION THE BOARD MAY
EITHER APPROVE OR DISAPPROVE. THE BOARD SHALL ENTER ITS DECISION
ON THE BOARD'S JOURNAL AND, IF THE ALTERNATE IS APPROVED,
DESIGNATE THE NAME OF THE ALTERNATE ON THE JOURNAL. THE CLERK OF
THE BOARD SHALL NOTIFY THE COMMISSION MEMBER OF THE BOARD'S
ACTION, AND THE COMMISSION MEMBER SHALL INFORM THE ALTERNATE. A designated alternate shall serve at the pleasure of
the member who makes the designation. Removal of an alternate
shall be made by a letter of removal, delivered and journalized by
the same method that the alternate was designated. Once an alternate is designated for a member of the
planning commission, if that commission member is absent from a
planning
commission meeting, the alternate has the right to vote and
participate in all proceedings and actions of the commission at that
meeting as if that alternate were the commission member. (B)(1) Except as provided for counties with two or less townships
in division (B)(4) of this section, if the population of the
portion
of any city located in the
county exceeds fifty per
cent of the total population of the county, then at least the board
of county commissioners shall select three
of the appointive members shall be selected from persons
nominated by the planning commission of that city.
Otherwise, three members shall be appointed from municipal
corporations within the county. The
board shall appoint
three members
from
the unincorporated
area territory of the county from persons nominated
recommended by the townships to
the county. If, except that, if one or more of those
townships in the county contains one or more is a limited
home
rule government townships township, then the board shall
appoint at least one of these three township
appointees shall be from the nominees of persons recommended
by a limited home
rule government township. The remaining two appointees shall be selected
at the discretion of the board and shall be citizens residents
of the
county, one residing in the unincorporated area territory of the
county
and representing townships and the other residing in the
incorporated area territory of the county and representing
municipal
corporations in the county. (B) If a
county contains two or less townships with
unincorporated territory, a county planning commission shall consist of
eight
citizens of the county
appointed by the board of county commissioners, together with the
members of
the board of county
commissioners, except that if the population of the portion of any
city located in the county exceeds fifty per cent of the total
population of the county, then at least three of the
appointive
members shall be selected from persons nominated by the planning
commission of that city. Otherwise,
appointees shall be selected
at the discretion of the board and shall be citizens
of the
county.
(2) Except as provided for counties with two or less townships in
division (B)(4) of this section, if a county does not contain the
portion of any city with at
least fifty per cent of the total population of the county but contains one or
more limited home rule government townships, one of the appointees shall be a
resident of a limited home rule government township in the county, selected at
the discretion of the board of county commissioners from persons recommended
by
a limited home rule government township in the county. One appointee shall be
a resident of the municipal corporation with the largest population contained
within the portion of the municipal corporation located in the county,
selected
at the discretion of the board of county commissioners from persons
recommended
by that municipal corporation. The remaining six appointees shall be
residents
of the county, selected at the discretion of the board of county
commissioners. (3) Except as provided for counties with two or less townships in division
(B)(4) of this section, if a county does not contain the portion of
any city with at least
fifty per cent of the total population of the county and does not contain a
limited home rule government township,
the board of county commissioners shall appoint eight
residents of the county selected at the discretion of the board. (4) If a county contains two or less townships with
unincorporated territory, the board of county commissioners shall
appoint eight residents of the county selected at the
discretion of the board, except that, if the population of the portion of any
city
located in the county exceeds fifty per cent of the total
population of the county, then at least three of the appointive
members shall be selected from persons nominated by the planning
commission of that city. (C) The Subject to division (F) of this section, the
appointive members of a county planning commission shall be appointed
for terms of three years,
except that, of the eight members first appointed, three shall
be
appointed for terms of two years, and two shall be appointed for a
term of one year. The members shall serve without pay. Any
member of a county planning commission may hold any other public
office and may serve as a member of a city, village, and regional
planning commission, except as otherwise provided in the charter
of any city or village. (D) The expenses of the appointive members of a county
planning commission and the compensation of planning commission
employees shall be paid from appropriations made by the
board. The county planning commission may employ engineers,
accountants, consultants, and employees as are necessary, and
make such purchases as may be needed to the furtherance of its
operation. The county planning commission may accept, receive, and
expend funds, grants, and services from the federal government or
its agencies, from departments, agencies, and instrumentalities
of this state or any adjoining state or, from one or more
counties
of this state or any adjoining state or, from any municipal
corporation or political subdivision of this or any adjoining
state, including a county, regional, and municipal planning
commission of this or any adjoining state, or from civic sources,
and may contract with respect thereto, either separately
or, jointly,
or cooperatively, and may provide such information and reports
as may
be necessary to secure such financial aid. (E) A county planning
commission may adopt a policy under which members of the board of county
commissioners, as members of that commission, or their designated
alternates must abstain from
participating and voting on the commission's recommendation,
whenever a county planning commission is required by section
303.12 of the Revised
Code to recommend the approval
or denial of a proposed amendment or approval of some
modification of an amendment to the county zoning resolution, or is
required by section 303.07 of the
Revised
Code to approve or disapprove, or make suggestions about, a proposed
county zoning
resolution. The policy may require that a quorum of the
commission under those circumstances be determined on the basis of
an eight-member commission instead of an eleven-member
commission. (F) If at any time a change occurs within a county so that the
population of a portion of a city within the county exceeds or no
longer exceeds fifty per cent of the total population of the
county or a township becomes a limited home rule government
township, thus creating a situation where the membership of a
county planning commission should be altered to comply with the
membership requirements of division (B) of this section, within
thirty days after the effective date of either of those types of change, the
board of county
commissioners, in the board's
discretion, may make changes on the commission by resolution so that its
membership
representation complies with
division (B) of this section. If the board does
not adopt a resolution to so change the commission's membership, the board
shall
phase in the
necessary changes in the commission's membership by waiting until a member's
term
of office expires and
appointing new members so as to meet the representation requirements
of division (B) of this section as soon as possible without
interfering with any
member's term of office. Sec. 5555.46. All assessments, with interest accrued
thereon on them, made under sections 5555.01 to 5555.72,
inclusive, of
the Revised Code, shall be placed by the county auditor upon a
special duplicate to be collected as other taxes, and the
principal shall be payable in not more than twenty forty
semiannual
installments extending over a period of not more than ten twenty
years,
as determined by the board of county commissioners. If any
assessment is twenty-five dollars or less, or if the unpaid
balance of any such assessment is twenty-five dollars or less, it
shall be paid in full, and not in installments, at the time the
first or next installment would otherwise become due and payable.
In the event that If bonds are issued to pay the compensation,
damages, and expenses incident to the improvement, the principal
sum of such the assessments shall be payable in such
the number of equal
semiannual installments as that will provide a fund for the
redemption
of the bonds so issued. Such The assessments
shall
bear interest
from the date of the issuance of the bonds and at the same rate as the
bonds, and the
interest shall be collected in like the same manner as the
principal of
such the assessments. SECTION 2 . That existing sections 9.44, 124.13, 124.38, 303.99, 325.19,
504.11, 519.99, 711.10, 713.22, and 5555.46 of
the Revised Code are hereby repealed.
SECTION 3 . Notwithstanding anything to the contrary in section
713.22 of the Revised Code, the change in the composition of a
county planning commission required under that section as amended
by this act shall be implemented so that any member serving on the
commission on the effective date of this act serves out the member's
term of office, even if the membership would not then meet the
representation requirements in section 713.22 of the Revised Code, unless the
board of county commissioners within thirty days after the effective date of
this act determines, by resolution, that the commission's membership should
comply with the representation requirements enacted by this act. If the board
so determines to comply with those representation requirements, the board may
remove members from the commission and may appoint members to the commission
whose appointments comply with those representation requirements.
Otherwise, as new members are appointed to the commission, the new members
shall be appointed so as to meet the representation requirements
enacted by this act as soon as possible without
interfering with any member's term of office.
SECTION 4 . Within thirty days after the effective date of this act,
the clerk of any township that has created a fund for the deposit
of special assessments for artificial lighting as provided in
section 515.08 of the Revised Code may transfer any surplus
in that fund to another township fund if all of the
following conditions are met:
(1) The surplus has occurred due to overcharges by the company
providing the artificial lighting. (2) The board of township trustees adopts a resolution finding
that the surplus has occurred and indicating the exact amount
of the surplus. (3) That resolution requests the clerk to transfer the surplus to
another fund within the township treasury and indicates the
specific township account to which the surplus is to be
transferred. No surplus shall be transferred as provided in this section after
the thirtieth day after the effective date of this act. SECTION 5 . Section 124.38 of the Revised Code is presented in this act
as a composite of the section as amended by both
Sub. H.B. 403 and Am. Sub. S.B. 358 of the 120th General Assembly, with the
new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
SECTION 6 . This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for this necessity is that
the terms of members serving on some county planning commissions
are coming to an end and, to ensure that new appointees to those commissions
will meet
the representation requirements enacted by this act instead of the
representation
requirements in effect prior to the effective date of this act, the new
representation requirements must go into effect as soon as
possible. Therefore, this act shall go into immediate effect.
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