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(123rd General Assembly)(Amended Substitute Senate Bill Number 52)
To amend sections 505.29, 505.31, 505.79, and 4109.02 and to enact sections
503.161, 503.162, and 505.95 of the Revised Code to permit a township to
, by license or otherwise, the resale of tickets to theatrical, sporting, or
other public amusements;
to authorize townships
to use their waste collection fund moneys to pay for the collection and
disposal of tree leaves;
to alter the
conditions under which certain minors are not required to provide an age and
schooling certificate as a condition of employment; and to authorize the board
of township trustees or the electors of an unincorporated township to cause
the question of a proposed name change for the township to be submitted to the
electors of the unincorporated area of the township.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 505.29, 505.31, 505.79, and 4109.02 be amended and
sections 503.161, 503.162, and 505.95 of the Revised Code be enacted to read
Sec. 503.161. (A) A board of township trustees, by a unanimous
vote, may adopt a resolution causing the board of elections to submit to the
electors of the unincorporated area of the township the question of whether
the township's name should be changed.
(B) The electors of the unincorporated area of a township may
petition the board of township trustees to adopt a resolution causing the
board of elections to submit to the electors the question of whether the
township's name should be changed. Upon receipt of a petition signed by
twenty per cent of the electors of the unincorporated area of the township, as
determined by the total number of votes cast in that area for the office of
governor at the preceding general election for that office, the board of
township trustees shall adopt such a resolution.
(C) The question of whether the township's name should be changed
shall be voted upon at the next primary or general election occurring at least
seventy-five days after the certification of the resolution adopted under
division (A) or (B) of this section to the board of
Sec. 503.162. (A) After certification of a resolution as
provided in section 503.161 of the Revised Code, the board of elections shall submit the
question of whether the township's name shall be changed to the electors of
the unincorporated area of the township in accordance with division
(C) of that section, and the ballot language shall be substantially
"Shall the township of .......... (name) change its name to ........
.......... For name change
.......... Against name change"
(B) At least forty-five days before the election on this
question, the board of township trustees shall provide notice of the election
and an explanation of the proposed name change in a newspaper of general
circulation in the township for three consecutive weeks and shall post the
notice and explanation in five conspicuous places in the unincorporated area
of the township.
(C) If a majority of the votes cast on the proposition of
changing the township's name is in the affirmative, the name change is adopted
and becomes effective ninety days after the board of elections certifies the
election results to the clerk of the township. Upon receipt of the
certification of the election results from the board of elections, the clerk
of the township shall send a copy of that certification to the secretary of
state and to the state and local government commission of Ohio.
(D) A change in the name of a township shall not alter the rights
or liabilities of the township as previously named."
Sec. 505.29. The board of township trustees may levy, in any year,
sufficient tax within the ten-mill limitation , upon all taxable
property in a
waste disposal district to provide and maintain waste disposal service and
to provide for the collection and disposal of tree leaves.
In the alternative, the board of township trustees of any
which that has provided or contracted
for the collection or disposal of garbage or refuse on behalf of the township
or any district may establish, by resolution, establish
equitable charges of rents to be
paid such to the township , for the use and benefit of
such that service , by every person,
firm, or corporation whose premises are so served. Such The
constitute a lien upon the property served , and, if not paid when due,
be collected in the same manner as other township taxes.
Sec. 505.31. (A) Except as otherwise provided in division
(B) of this section, the township clerk shall collect the service
charges for waste disposal service and administer them under
rules established by the board of township trustees. All
moneys of those service charges shall be kept in a separate fund
designated as "the waste
collection fund ," and shall be appropriated and administered by
the board. Such funds The fund shall be used for payment of the
the management, maintenance, and operation of the garbage and
refuse collection and disposal system in the township or several
waste disposal districts. Funds The board also may use the fund for
payment of the costs incurred by the township in relation to the collection
and disposal of tree leaves.
Service charges for waste disposal service collected from one district
cannot be used for any other district. If a district is
abandoned or discontinued, any balance remaining in the fund for
that district shall be paid into the general fund of the
(B) When a board of township trustees contracts with an
independent contractor for the collection, transfer, and disposal
of solid wastes under section 505.27 of the Revised Code, the
contract may provide for the independent contractor to collect
and keep the service charges for the waste disposal services the
Sec. 505.79. The board of township trustees may acquire, maintain, and
operate equipment and facilities for the collection and disposal of tree
leaves. The cost of providing this service shall be paid from the general
fund of the township, from the waste collection fund of the township
created under section 505.31 of the Revised Code, or from any fund created pursuant to
section 505.29 of the Revised Code into which moneys arising from tax levies under that
section are deposited.
Sec. 505.95. (A) A board of township trustees may adopt a
resolution to regulate in the unincorporated area of the township, by license
or otherwise, the resale, by parties not acting as agents of those
issuing them, of tickets to theatrical or sporting events or to other public
(B) The board of township trustees may establish a fine of not
more than one hundred dollars for each separate violation of any resolution
adopted under division (A) of this section. Fifty per cent of the
moneys arising from
the collection of the fine shall be deposited in the township's
general fund. The remaining fifty per cent of those moneys shall be deposited
in the county's general fund.
(C) Any person allegedly aggrieved by a violation of a resolution
adopted under division (A) of this section may seek injunctive or
other appropriate relief in connection with the act or practice that violates
Sec. 4109.02. (A) Except as provided in division (B) of
this section or in section 4109.06 of the Revised Code, no minor
of compulsory school age shall be employed by any employer unless
the minor presents to the employer a proper age and schooling
, as a condition of employment. The employer shall
keep the certificate on file in the establishment where the minor
is employed or in the office of the business or in the residence
in or about which the minor is employed for inspection by any
A valid certificate constitutes conclusive evidence of the
age of the minor and of the employer's right to employ the minor
in occupations not denied by law to minors of that age under
section 4109.06 of the Revised Code or rules adopted
under that section.
(B) The following minors aged sixteen or seventeen
are not required to provide an age and schooling certificate as a condition
(1) Those who are to be
employed during summer vacation months after the last day of the
school term in the spring and before the first day of the school
term in the fall, in nonagricultural and nonhazardous employment
as defined by the "Fair Labor Standards Act of 1938," 52 Stat.
1060, 29 U.S.C.A. 201, and similar state statutes, or in other
employment not prohibited to minors age sixteen or seventeen by
Those Unless required by the superintendent of schools of the
school district where the minor resides, those who are to be employed not
more than two months before
the last day of the school term in the spring and not more than two months
after the first day of the school term in the fall by a seasonal amusement or
recreational establishment, on the condition that , for the following
(a) For the period prior to Memorial day and
after Labor day while school
is in session, they are to be employed only for hours that occur between the
end of the school day on Friday and eleven p.m.
unless required by the superintendent of schools of the school
district where the minor resides.
(b) For the period from Memorial day until the last day
of the school
term in the spring and from the first day of the school term in the fall until
Labor day, they are to be employed only for hours that occur between
the end of the school day and nine p.mon
Monday through Thursday and only for hours that occur
between the end of the school day on Friday and eleven
(C) To be hired
for the type of employment
described in division (B) of this section, minors shall
provide the employer with the following:
(1) Evidence of proof of age in the same manner as proof
of age is provided the superintendent of schools under division
(C) of section 3331.02 of the Revised Code;
(2) A statement signed by the minor's parent or guardian
consenting to the proposed employment. For the purposes of this section, in
the absence of a
parent or guardian, a person over eighteen years of age with whom
the minor resides may sign
such the statement ;.
(3) An age and schooling certificate if one is required under division
(B)(2) of this section by the
superintendent of schools of the school district where the minor resides.
The employer shall retain a copy of the proof of age and
the statement of consent with the employment records of the
(D) As used in this section
(1) "Labor day" and "Memorial day" have the same meanings as
provided for those days in section 1.14 of the Revised Code.
seasonal Seasonal amusement or recreational
establishment" means both of the following: (1)(a) An amusement or recreational establishment that does
not operate for
more than seven months in any calendar year; (2)(b) An amusement or recreational establishment whose
average receipts for
any six months during the preceding calendar year were not more than
thirty-three and one-third per cent of its average receipts for the other six
months of that calendar year.
SECTION 2 . That existing sections 505.29, 505.31, 505.79, and 4109.02 of the
Revised Code are hereby repealed.