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H. B. No. 226As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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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supplies, which is not needed for public use, or is
obsolete or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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