130th Ohio General Assembly
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H. B. No. 226As Introduced
As Introduced

124th General Assembly
Regular Session
2001-2002
H. B. No. 226


REPRESENTATIVES Collier, Peterson, Fessler, Hartnett, Calvert, Setzer, Seaver, D. Miller, Reidelbach, Seitz, Metzger, Goodman, Wolpert, Niehaus, Distel, Sullivan, Schaffer, Gilb, White, Latta, Flowers, Hughes, Carmichael, Carano, Perry, Jones, Reinhard, Young, Fedor, Krupinski, Widowfield, Lendrum



A BILL
To amend section 307.12 of the Revised Code to authorize boards of county commissioners to dispose of unneeded, obsolete, or unfit county personal property by Internet auction.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 307.12 of the Revised Code be amended to read as follows:
Sec. 307.12.  (A) Except as otherwise provided in division divisions (B), (C), and (E) of this section, when the board of county commissioners finds, by resolution, that the county has personal property, including motor vehicles acquired for the use of county officers and departments, and road machinery, equipment, tools, or supplies, which is not needed for public use, or is obsolete or unfit for the use for which it was acquired, and when the fair market value of the property to be sold under this division is, in the opinion of the board, in excess of two thousand five hundred dollars, the board may do either of the following:
(1) Sell such the property at public auction or by sealed bid to the highest bidder. Notice of the time, place, and manner of the sale shall also be published in a newspaper of general circulation in the county at least ten days prior to the sale, and a typewritten or printed notice of the time, place, and manner of the sale shall be posted at least ten days before the sale in the offices of the county auditor and the board of county commissioners.
If a board conducts a sale of personal property by sealed bid, the form of the bid shall be as prescribed by the board, and each bid shall contain the name of the person submitting it. Bids received shall be opened and tabulated at the time stated in the notice. The property shall be sold to the highest bidder, except that the board may reject all bids and hold another sale, by public auction or sealed bid, in the manner prescribed by this section.
(2) Donate any motor vehicle that does not exceed four thousand five hundred dollars in value to a nonprofit organization exempt from federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3) for the purpose of meeting the transportation needs of participants in the Ohio works first program established under Chapter 5107. of the Revised Code and participants in the prevention, retention, and contingency program established under Chapter 5108. of the Revised Code.
(B) When the board of county commissioners finds, by resolution, that the county has personal property, including motor vehicles acquired for the use of county officers and departments, and road machinery, equipment, tools, or supplies, which is not needed for public use, or is obsolete or unfit for the use for which it was acquired, and when the fair market value of the property to be sold under this division is, in the opinion of the board, two thousand five hundred dollars or less, the board may sell the property by private sale, without advertisement or public notification.
Notwithstanding anything to the contrary in division divisions (A) or (C) of this section and regardless of the property's value, the board may sell or donate county personal property, including motor vehicles, of the county to the federal government, the state, or any political subdivision of the state without advertisement or public notification.
(C) Notwithstanding anything to the contrary in divisions (A), (B), or (E) of this section and regardless of the property's value, the board of county commissioners may sell personal property, including motor vehicles acquired for the use of county officers and departments, and road machinery, equipment, tools, or supplies, which is not needed for public use, or is obsolete or unfit for the use for which it was acquired, by internet auction. The board shall adopt, during each calendar year, a resolution expressing its intent to sell that property by internet auction. The resolution shall include a description of how the auctions will be conducted and shall specify the number of days for bidding on the property, which shall be no less than fifteen, including Saturdays, Sundays, and legal holidays. The resolution shall indicate whether the board will designate a representative to conduct the auction and shall establish the general terms and conditions of sale. If a representative designee is known when the resolution is adopted, the resolution shall provide contact information such as the designee's name, address, and telephone number
After adoption of the resolution, the board shall publish notice, in a newspaper of general circulation in the county, of its intent to sell unneeded, obsolete, or unfit county personal property by internet auction. The notice shall include a summary of the information provided in the resolution and shall be published at least twice. The second and any subsequent notice shall be published not less than ten nor more than twenty days after the previous notice. A similar notice also shall be posted continually throughout the calendar year in a conspicuous place in the offices of the county auditor and the board of county commissioners, and, if the county maintains a website on the internet, the notice shall be posted continually throughout the calendar year at that website.
When property is to be sold by internet auction, the board or its designated representative may establish a minimum price that will be accepted for specific items and may establish any other terms and conditions for the particular sale, including requirements for pick-up or delivery, method of payment, and sales tax. This type of information shall be provided on the internet at the time of the auction and may be provided before that time upon request after the terms and conditions have been determined by the board or its designated representative.
(D) When a county officer or department head determines that county-owned personal property under the jurisdiction of the officer or department head, including motor vehicles, road machinery, equipment, tools, or supplies, is not of immediate need, the county officer or department head may notify the board of county commissioners, and the board may lease such that personal property to any municipal corporation, township, or other political subdivision of the state. Such The lease shall require the county to be reimbursed under terms, conditions, and fees established by the board of county commissioners, or under contracts executed by the board.
(D) Where (E) If the board of county commissioners finds, by resolution, that the county has vehicles, equipment, or machinery which is not needed, or is unfit for public use, and the board desires to sell such the vehicles, equipment, or machinery to the person or firm from which it proposes to purchase other vehicles, equipment, or machinery, the board may offer to sell the vehicles, equipment, or machinery to such that person or firm, and to have such the selling price credited to the person or firm against the purchase price of other vehicles, equipment, or machinery.
(E) Where (F) If the board of county commissioners advertises for bids for the sale of new vehicles, equipment, or machinery to the county, it may include in the same advertisement a notice of the willingness of such the board to accept bids for the purchase of county-owned vehicles, equipment, or machinery which is obsolete or not needed for public use, and to have the amount of such those bids subtracted from the selling price of the other vehicles, equipment, or machinery as a means of determining the lowest responsible bidder.
(G) As used in this section, "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.
Section 2. That existing section 307.12 of the Revised Code is hereby repealed.
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