To amend sections 301.28, 955.07, and 955.14 and to enact section 955.013 of the Revised Code to authorize county auditors to allow for the registration of dogs and kennels via the Internet and to accept the payment of dog and kennel registration fees by financial transaction devices, and to provide for the retention of dog and kennel registration records only until a county audit is performed by the Auditor of State or for a period of two years, whichever is later.

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

Sec. 301.28. (A) As used in this section:

(1) "Financial transaction device" includes a credit card, debit card, charge card, or prepaid or stored value card.

(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 OTHER THAN DOG REGISTRATION AND KENNEL FEES REQUIRED TO BE PAID UNDER CHAPTER 955. OF THE REVISED CODE.

(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 and except as provided in division (D) of this section, 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) The amount, if any, authorized as a surcharge or convenience fee under division (E) 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.

(5) A specific provision as provided in division (G) of this section requiring the payment of a penalty if a payment made by means of a financial transaction device is returned or dishonored for any reason.

The board's resolution shall also designate the county treasurer as an administrative agent to solicit proposals, within guidelines established by the board in the resolution and in compliance with the procedures provided in division (C) of this section, from financial institutions, issuers of financial transaction devices, and processors of financial transaction devices, to make recommendations about those proposals to the board, and to assist county offices in implementing the county's financial transaction devices program. The county treasurer may decline this responsibility within thirty days after receiving a copy of the board's resolution by notifying the board in writing within that period. If the treasurer so notifies the board, the board shall perform the duties of the administrative agent.

If the county treasurer is the administrative agent and fails to administer the county financial transaction devices program in accordance with the guidelines in the board's resolution, the board shall notify the treasurer in writing of the board's findings, explain the failures, and give the treasurer six months to correct the failures. If the treasurer fails to make the appropriate corrections within that six-month period, the board may pass a resolution declaring the board to be the administrative agent. The board may later rescind that resolution at its discretion.

(C) The county shall follow the procedures provided in this division whenever it plans to contract with financial institutions, issuers of financial transaction devices, or processors of financial transaction devices for the purposes of this section. The administrative agent shall request proposals from at least three financial institutions, issuers of financial transaction devices, or processors of financial transaction devices, as appropriate in accordance with the resolution adopted under division (B) of this section. Prior to sending any financial institution, issuer, or processor a copy of any such request, the county shall advertise its intent to request proposals in a newspaper of general circulation in the county once a week for two consecutive weeks. The notice shall state that the county intends to request proposals; specify the purpose of the request; indicate the date, which shall be at least ten days after the second publication, on which the request for proposals will be mailed to financial institutions, issuers, or processors; and require that any financial institution, issuer, or processor, whichever is appropriate, interested in receiving the request for proposals submit written notice of this interest to the county not later than noon of the day on which the request for proposals will be mailed.

Upon receiving the proposals, the administrative agent shall review them and make a recommendation to the board of county commissioners on which proposals to accept. The board of county commissioners shall consider the agent's recommendation and review all proposals submitted, and then may choose to contract with any or all of the entities submitting proposals, as appropriate. The board shall provide any financial institution, issuer, or processor that submitted a proposal, but with which the board does not enter into a contract, notice that its proposal is rejected. The notice shall state the reasons for the rejection, indicate whose proposals were accepted, and provide a copy of the terms and conditions of the successful bids.

(D) 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 by the resolution 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. Each county office subject to the board's resolution adopted under division (B) of this section may use only the financial institutions, issuers of financial transaction devices, and processors of financial transaction devices with which the board of county commissioners contracts, and each such office is subject to the terms of those contracts.

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.

Any office of a clerk of the court of common pleas that accepts financial transaction devices on or before July 1, 1999, and any other county office that accepted such devices before January 1, 1998, may continue to accept such devices without being subject to any resolution passed by the board of county commissioners under division (B) of this section, or any other oversight by the board of the office's financial transaction devices program. Any such office may use surcharges or convenience fees in any manner the county elected official in charge of the office determines to be appropriate, and, if the county treasurer consents, may appoint the county treasurer to be the office's administrative agent for purposes of accepting financial transaction devices. In order not to be subject to the resolution of the board of county commissioners adopted under division (B) of this section, a county office shall notify the board in writing within thirty days after the effective date of this section MARCH 30, 1999, that it accepted financial transaction devices prior to January 1, 1998, or, in the case of the office of a clerk of the court of common pleas, the clerk has accepted or will accept such devices on or before July 1, 1999. Each such notification shall explain how processing costs associated with financial transaction devices are being paid and shall indicate whether surcharge or convenience fees are being passed on to consumers.

(E) 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 surcharge or convenience fee shall not be imposed unless authorized or otherwise permitted by the rules prescribed by an agreement governing the use and acceptance of the financial transaction device.

If a surcharge or convenience fee is imposed, every county office accepting payment by a financial transaction device, regardless of whether that office is subject to a resolution adopted by a board of county commissioners, shall clearly post a notice in that office and shall notify each person making a payment by such a device about the surcharge or fee. Notice to each person making a payment shall be provided regardless of the medium used to make the payment and in a manner appropriate to that medium. Each notice shall include all of the following:

(1) A statement that there is a surcharge or convenience fee for using a financial transaction device;

(2) The total amount of the charge or fee expressed in dollars and cents for each transaction, or the rate of the charge or fee expressed as a percentage of the total amount of the transaction, whichever is applicable;

(3) A clear statement that the surcharge or convenience fee is nonrefundable.

(F) 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.

(G) 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.

(H) 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.

(I) 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.

Sec. 955.013. (A) AS USED IN THIS SECTION:

(1) "FINANCIAL TRANSACTION DEVICE" HAS THE SAME MEANING AS IN SECTION 301.28 OF THE REVISED CODE.

(2) "INTERNET" MEANS THE INTERNATIONAL COMPUTER NETWORK OF BOTH FEDERAL AND NONFEDERAL INTEROPERABLE PACKET SWITCHED DATA NETWORKS, INCLUDING THE GRAPHICAL SUBNETWORK CALLED THE WORLD WIDE WEB.

(B) A COUNTY AUDITOR MAY ESTABLISH PROCEDURES AND TAKE ACTIONS THAT ARE NECESSARY TO ALLOW FOR EITHER OR BOTH OF THE FOLLOWING:

(1) THE REGISTRATION OF DOGS AND KENNELS UNDER THIS CHAPTER VIA THE INTERNET;

(2) THE PAYMENT OF DOG AND KENNEL REGISTRATION FEES UNDER THIS CHAPTER BY FINANCIAL TRANSACTION DEVICES, INCLUDING PAYMENT BY FINANCIAL TRANSACTION DEVICES VIA THE INTERNET. THE PROCEDURES ESTABLISHED UNDER DIVISION (B)(2) OF THIS SECTION SHALL BE SUBSTANTIALLY SIMILAR TO PROCEDURES ESTABLISHED BY THE APPLICABLE BOARD OF COUNTY COMMISSIONERS FOR THE ACCEPTANCE OF PAYMENT OF OTHER COUNTY EXPENSES BY FINANCIAL TRANSACTION DEVICES UNDER SECTION 301.28 OF THE REVISED CODE IF THE COUNTY HAS ADOPTED A RESOLUTION UNDER THAT SECTION.

Sec. 955.07. Upon the filing of the application for registration required by sections 955.01 and 955.04 of the Revised Code and upon the payment of the registration fee and the administrative fee, if applicable, the county auditor shall assign a distinctive number to every dog or dog kennel described in such THE application, and shall deliver a certificate of registration bearing such THE number to the owner thereof OF THE DOG OR DOG KENNEL. A permanent record of all certificates of registration issued, together with the applications therefor FOR REGISTRATION, shall be kept by such THE auditor in a dog and kennel register, which FOR TWO YEARS OR UNTIL AFTER AN AUDIT PERFORMED BY THE AUDITOR OF STATE, WHICHEVER IS LATER. THIS RECORD shall be open to the inspection of any person during reasonable business hours.

Sec. 955.14. (A) Notwithstanding section 955.01 of the Revised Code, a board of county commissioners by resolution may increase dog and kennel registration fees in the county. The amount of the fees shall not exceed an amount that the board, in its discretion, estimates is needed to pay all expenses for the administration of this chapter and to pay claims allowed for animals, fowl, or poultry injured or destroyed by dogs. Such a resolution shall be adopted not earlier than the first day of February and not later than the thirty-first day of August of any year and shall apply to the registration period commencing on the first day of December of the current year and ending on the thirty-first day of January of the following year, unless the period is extended under section 955.01 of the Revised Code. Any increase in fees adopted under this division shall be in the ratio of two dollars for a dog registration fee and ten dollars for a kennel registration fee.

(B) Not later than the fifteenth day of October of each year, the board of county commissioners shall determine if there is sufficient money in the dog and kennel fund, after paying the expenses of administration incurred or estimated to be incurred for the remainder of the year, to pay the claims allowed for animals, fowl, or poultry injured or destroyed by dogs. If the board determines there is not sufficient money in the dog and kennel fund to pay the claims allowed, the board shall provide by resolution that all claims remaining unpaid shall be paid from the general fund of the county. All money paid out of the general fund for such THOSE purposes may be replaced by the board from the dog and kennel fund at any time during the following year notwithstanding section 5705.14 of the Revised Code.

(C) Notwithstanding section 955.20 of the Revised Code, if dog and kennel registration fees in any county are increased above two and ten dollars, respectively, under authority of division (A) of this section, then on or before the first day of March following each year in which the increased fees are in effect, the county auditor shall draw on the dog and kennel fund a warrant payable to the college of veterinary medicine of the Ohio state university in an amount equal to ten cents for each dog and kennel registration fee received during the preceding year. The money received by the college of veterinary medicine of the Ohio state university under this division shall be applied for research and study of the diseases of dogs, particularly those transmittable to humans, and for research of other diseases of dogs that by their nature will provide results applicable to the prevention and treatment of both human and canine illness.

(D) The Ohio state university college of veterinary medicine shall be responsible to report annually to the general assembly the progress of the research and study authorized and funded by division (C) of this section. The report shall briefly describe the research projects undertaken and assess the value of each. The report shall account for funds received pursuant to division (C) of this section and for the funds expended attributable to each research project and for other necessary expenses in conjunction with the research authorized by division (C) of this section. The report shall be filed with the general assembly by the first day of May of each year.

(E) The county auditor may authorize agents to receive applications for registration of dogs and kennels and to issue certificates of registration and tags. If authorized agents are employed in a county, each applicant for a dog or kennel registration shall pay to the agent an administrative fee of seventy-five cents in addition to the registration fee. The administrative fee shall be the compensation of the agent. The county auditor shall establish rules for reporting and accounting by the agents. No administrative or similar fee shall be charged in any county except as authorized by this division OR DIVISION (F) OF THIS SECTION.

(F) FOR ANY COUNTY THAT ACCEPTS THE PAYMENT OF DOG AND KENNEL REGISTRATION FEES BY FINANCIAL TRANSACTION DEVICES IN ACCORDANCE WITH SECTION 955.013 of the Revised Code, IN ADDITION TO THOSE REGISTRATION FEES, THE COUNTY AUDITOR SHALL COLLECT FOR EACH REGISTRATION PAID BY A FINANCIAL TRANSACTION DEVICE ONE OF THE FOLLOWING:

(1) AN ADMINISTRATIVE FEE OF SEVENTY-FIVE CENTS;

(2) IF THE BOARD OF COUNTY COMMISSIONERS ADOPTS A SURCHARGE OR CONVENIENCE FEE FOR MAKING PAYMENTS BY A FINANCIAL TRANSACTION DEVICE UNDER DIVISION (E) OF SECTION 301.28 of the Revised Code, THAT SURCHARGE OR CONVENIENCE FEE;

(3) IF THE COUNTY AUDITOR CONTRACTS WITH A THIRD PARTY TO PROVIDE SERVICES TO ENABLE REGISTRATION VIA THE INTERNET AS PROVIDED IN SECTION 955.013 of the Revised Code, A SURCHARGE OR CONVENIENCE FEE AS AGREED TO BETWEEN THAT THIRD PARTY AND THE COUNTY FOR THOSE INTERNET REGISTRATION SERVICES.

(G) THE COUNTY AUDITOR SHALL POST CONSPICUOUSLY THE AMOUNT OF THE ADMINISTRATIVE FEE, SURCHARGE, OR CONVENIENCE FEE THAT IS PERMISSIBLE UNDER THIS SECTION ON THE WEB PAGE WHERE THE AUDITOR ACCEPTS PAYMENTS FOR REGISTRATIONS MADE UNDER DIVISION (B)(1) OF SECTION 955.013 of the Revised Code. IF ANY PERSON CHOOSES TO PAY BY FINANCIAL TRANSACTION DEVICE, THE ADMINISTRATIVE FEE, SURCHARGE, OR CONVENIENCE FEE SHALL BE CONSIDERED VOLUNTARY AND IS NOT REFUNDABLE.