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S. B. No. 55 As IntroducedAs Introduced
125th General Assembly | Regular Session | 2003-2004 |
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Senators Randy Gardner, Stivers, Miller, Mumper, Schuler, Prentiss, Mallory, Austria, Carey, Dann, Herington, Fedor, Coughlin
A BILL
To amend sections 3375.40, 3375.41, and 5705.281 and to enact section 3375.392 of the Revised Code to revise the bidding threshold for public improvements applicable to free public libraries; to eliminate restrictions on group life insurance coverage offered by free public libraries to their employees; to allow a board of library trustees to authorize its employees to use a credit card held by the library to pay for library business expenses; and to allow the county budget commission to waive certain requirements relating to tax budgets or estimates of contemplated revenue and expenditures in any county in which a single library receives all of the county library and local government support fund or receives all of that portion of the fund that is distributed to libraries.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3375.40, 3375.41, and 5705.281 be amended and section 3375.392 of the Revised Code be enacted to read as follows:
Sec. 3375.392. (A) A board of library trustees appointed pursuant to section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22, or 3375.30 of the Revised Code may authorize an officer, employee, or appointee of the free public library under its jurisdiction to use a credit card that the library holds to pay for expenses related to library business. The debt incurred as a result of the use of the credit card shall be paid from library funds.
(B) Misuse of a credit card of a free public library by an officer, employee, or appointee of the library is subject to section 2913.21 of the Revised Code.
The officer, employee, or appointee also may be found personally liable to the library in a civil action for the officer's, employee's, or appointee's misuse of the library's credit card.
(C) Any officer, employee, or appointee of a free public library who is authorized to use a credit card that the library holds and who suspects the loss, the theft, or another person's possible unauthorized use of the credit card shall notify the board of library trustees immediately in writing of the suspected loss, theft, or possible unauthorized use. The officer, employee, or appointee may be held personally liable to the library for any unauthorized debt resulting from the credit card's loss, theft, or unauthorized use in the amount of fifty dollars or the amount charged to the credit card as a result of the loss, theft, or unauthorized use, whichever is less.
Sec. 3375.40. Each board of library trustees appointed
pursuant to
sections
section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,
and
or 3375.30 of the Revised Code may
do the following: (A) Hold title to and have the custody of all real and
personal property of the free public library under its
jurisdiction; (B) Expend for library purposes, and in the exercise of
the power enumerated in this section, all moneys, whether derived
from the county library and local government support fund or
otherwise, credited to the free public library under its
jurisdiction and generally do all things it considers necessary
for the establishment, maintenance, and improvement of the
free public
library under its jurisdiction; (C) Purchase, lease, construct, remodel, renovate, or
otherwise improve, equip, and furnish buildings or parts of
buildings and other real property, and purchase, lease, or otherwise acquire
motor vehicles and other
personal property, necessary for the proper
maintenance and operation of the free public
libraries
library under its
jurisdiction, and pay
the
their costs
thereof in installments or otherwise.
Financing of these costs may be provided through the issuance of notes,
through an installment sale, or through a lease-purchase agreement. Any such
notes shall be issued pursuant to section 3375.404 of the Revised Code. (D) Purchase, lease, lease with an option to purchase, or
erect buildings or parts of buildings to be used as main
libraries, branch libraries, or library stations pursuant to
section 3375.41 of the Revised Code; (E) Establish and maintain a main library, branches,
library stations, and traveling library service within the
territorial boundaries of the political subdivision or district over which
it has jurisdiction of free public library service; (F)
Establish
Except as otherwise provided in this division, establish and maintain branches, library stations, and
traveling library service in any school district, outside the
territorial boundaries of the political subdivision or district over which
it has jurisdiction of free public library service, upon
application to and approval of the state library board, pursuant
to section 3375.05 of the Revised Code; provided the. The board of
library
trustees of any free public library maintaining branches,
stations, or traveling-book traveling library service, outside the territorial
boundaries of the political subdivision or district over which it has
jurisdiction of free public library service, on September 4, 1947, may
continue to maintain and operate
such
those branches,
those stations, and
that
traveling library service without the approval of the state
library board;. (G) Appoint and fix the compensation of all of the
employees of the free public library under its jurisdiction;, pay
the reasonable cost of tuition for any of its employees who
enroll in a course of study the board considers essential to the
duties of the employee or to the improvement of the employee's
performance;, and reimburse applicants for employment for any
reasonable expenses they incur by appearing for a personal
interview; (H) Make and publish rules for the proper operation and
management of the free public library and facilities under its jurisdiction,
including rules pertaining to the provision of library services
to individuals, corporations, or institutions that are not
inhabitants of the county; (I) Establish and maintain a museum in connection with and
as an adjunct to the free public library under its jurisdiction; (J) By the adoption of a resolution, accept any bequest,
gift, or endowment upon the conditions connected with
such
the
bequest, gift, or endowment; provided no. No such bequest, gift, or
endowment shall be accepted by
such
the board if
the
its conditions
thereof remove any portion of the free public library under
its
the board's
jurisdiction from the control of
such
the board or if
such
the
conditions, in any manner, limit the free use of
such
the library or
any part
thereof
of it by the residents of the counties in which
such
the
library is located;. (K) At the end of any fiscal year, by a two-thirds vote of
its full membership, set aside any unencumbered surplus remaining
in the general fund of the
free public library under its jurisdiction for any
purpose, including creating or increasing a special building and
repair fund, or for operating the library or acquiring equipment
and supplies; (L) Procure and pay all or part of the cost of group life,
hospitalization, surgical, major medical, disability benefit,
dental care, eye care, hearing aids, or prescription drug
insurance
or coverage, or a combination of any of
the foregoing
those types of
insurance or coverage, whether issued by an insurance company or
a health insuring corporation
duly licensed by the state, covering its employees, and, in the case of
group life,
hospitalization, surgical, major medical, dental care, eye care, hearing aids,
or prescription drug insurance
or coverage, also covering the dependents and
spouses of
such
its employees, and, in the case of disability
benefits, also covering
the spouses of
such
its employees.
With respect
to life insurance, coverage for any employee shall not exceed the
greater of the sum of ten thousand dollars or the annual salary
of the employee, exclusive of any double indemnity clause that is
a part of the policy. (M) Pay reasonable dues and expenses for the free public library and library
trustees in library associations. Any instrument by which real property is acquired pursuant to this section
shall identify the agency of the state that has the use and benefit of the
real property as specified in section 5301.012 of the Revised Code.
Sec. 3375.41. When a board of library trustees appointed
pursuant to
sections
section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,
and
or 3375.30 of the Revised Code determines to construct,
demolish, alter, repair, or reconstruct a library or make any
improvements or repairs, the cost of which will exceed
fifteen
twenty-five
thousand dollars, except in cases of urgent necessity or for the
security and protection of library property, it shall proceed as
follows: (A) The board shall advertise for a period of four weeks
for sealed bids in some newspaper of general circulation in the district,
and, if there are two such
papers
newspapers, the board shall advertise in
both of them. If no newspaper has a general circulation in the
district, the board shall
advertise by posting such
post the advertisement
in three public places
therein
in the district.
Such
The advertisement shall be
entered in full by the clerk on the record of proceedings of the
board. (B) The sealed bids shall be filed with the clerk by
twelve noon of the last day stated in the advertisement. (C) The sealed bids shall be opened at the next meeting of the
board, shall be publicly read by the clerk, and shall be entered
in full on the records of the board; provided, that the board
may,
by resolution, may provide for the public opening and reading of
such
the
bids by the clerk, immediately after the time for
their filing
such
bids has expired, at the usual place of meeting of the board, and
for the tabulation of
such
the bids and a report of
such
the tabulation
to the board at its next meeting. (D) Each sealed bid shall contain the name of every person
interested
therein,
in it and shall meet the requirements of section
153.54 of the Revised Code. (E) When both labor and materials are embraced in the work
bid for, the board may require that each be separately stated in
the sealed bid, with
the
their price
thereof, or may require that bids be
submitted without
such
the separation. (F) None but the lowest responsible bid shall be accepted.
The board may reject all the bids or accept any bid for both
labor and material for
such
the improvement or repair which is the
lowest in the aggregate. (G) The contract shall be between the board and the
bidders. The board shall pay the contract price for the work in
cash at the times and in the amounts as provided by sections
153.12, 153.13, and 153.14 of the Revised Code. (H) When two or more bids are equal, in whole or in part,
and are lower than any others, either may be accepted, but in no
case shall the work be divided between
such
these bidders. (I) When there is reason to believe there is collusion or
combination among the bidders, the bids of those concerned in
such
the collusion or combination shall be rejected.
Sec. 5705.281. (A)
Notwithstanding section 5705.28
of the
Revised Code, the county budget
commission, by an affirmative
vote of a majority of the
commission, including an affirmative
vote by the county auditor,
may
waive the
requirement that the
taxing
authority of a
subdivision or other taxing unit
adopt a
tax budget
as provided under section
5705.28 of
the Revised
Code,
but shall require such a taxing
authority to
provide such
information
to the commission as may be required by the
commission
to
perform its
duties
under this chapter, including dividing the rates of each of
the
subdivision's or taxing unit's tax levies as provided under
section
5705.04 of the Revised Code.
(B)(1) Notwithstanding divisions (B)(1) and (D) of section 5705.28 of the Revised Code, in any county in which a single library receives all of the county library and local government support fund or receives all of that portion of the fund that is distributed to libraries, the county budget commission, by an affirmative vote of a majority of the commission, including an affirmative vote by the county auditor, may waive any or all of the following requirements:
(a) The requirement that the board of trustees of a school library district entitled to participate in any appropriation or revenue of a school district or to have a tax proposed by the board of education of a school district file with the board of education of the school district a tax budget, and the requirement that the board of education adopt the tax budget on behalf of the library district, as provided in division (B)(1) of section 5705.28 of the Revised Code;
(b) The requirement that the board of trustees of a public library desiring to participate in the distribution of the county library and local government support fund certify to the taxing authority its estimate of contemplated revenue and expenditures, and the requirement that the taxing authority include in its budget of receipts and budget of expenditures the full amounts specified or requested by the board of trustees, as provided in division (D) of section 5705.28 of the Revised Code.
(2) If a county budget commission waives the requirements described in division (B)(1)(a) or (b) of this section, the commission shall require the board of trustees of the school library district or the board of trustees of the public library desiring to participate in the distribution of the county library and local government support fund to provide to the commission any information the commission may require from the board in order for the commission to perform its duties under this chapter.
Section 2. That existing sections 3375.40, 3375.41, and 5705.281 of the Revised Code are hereby repealed.
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