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Sub. S. B. No. 82As Passed by the SenateAs Passed by the Senate
125th General Assembly | Regular Session | 2003-2004 |
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SENATORS Amstutz, Randy Gardner, Jacobson, Mumper, Stivers, Harris, Spada, DiDonato, Schuler, Hagan, Robert Gardner, Schuring, Brady, Carnes, Herington, White
A BILL
To amend sections 301.27, 2913.01, and 5705.41 and to enact
section 301.29 of the Revised Code to authorize
boards
of county commissioners to
approve the use
of
procurement cards for certain
work-related
purchases, to make changes
pertaining to the
exemption of county expenditures
from the
certification of available funds,
and to make changes to the County Credit Card Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 301.27, 2913.01, and 5705.41 be amended and
section 301.29 of the Revised Code be enacted
to read as follows:
Sec. 301.27. (A) As used in this section: (1) "Credit card" includes
a gasoline
and telephone credit
card and a
telephone credit card
cards but excludes any
procurement card authorized under section 301.29 of the Revised
Code. (2) "Officer" includes an individual who also is an
appointing authority. (3) "Gasoline and oil expenses," and "minor motor vehicle repair and
maintenance expenses," and "emergency motor vehicle repair
expenses" refer to only those expenses incurred for motor
vehicles
owned or leased by the county. (B)(1) A credit card held by a board of county commissioners
or
the office of any other county appointing authority shall be
used
only to pay
the following work-related
expenses,
limited to the
following: (2)(b) Transportation expenses;
(3)(c) Gasoline and oil
expenses;
(4)
Minor
motor
(d) Motor vehicle
repair and maintenance expenses;
(5)
Emergency motor vehicle repair
expenses;
(6)(e) Telephone expenses;
(8)(g) Internet service provider expenses;
(9)(h) In the case of a public children services agency,
expenses for purchases for children for whom the agency is
providing temporary emergency care pursuant to section 5153.16 of
the Revised Code, children in the temporary or permanent
custody
of the agency, and children in a planned permanent living
arrangement.
(2) No late charges or finance charges shall be allowed as an allowable expense unless authorized by the board of county commissioners. (C) A county appointing authority may apply to the board
of
county commissioners for authorization to have an officer or
employee of the appointing authority use a credit card held by
that appointing authority. The authorization request shall state
whether the card is to be issued only in the name of the office
of
the appointing authority itself or whether the issued card also
shall
also include the name of a specified officer or employee. (D) The debt incurred as a result of the use of a credit
card pursuant to this section shall be paid from moneys
appropriated to
specific appropriation line items of the
appointing authority for work-related
expenses
listed in division
(B)(1) of this section. (E)(1) Except as otherwise provided in division (E)(2) of
this section, every officer or employee authorized to use a
credit
card held by the board or appointing authority shall
submit to the
board by the first day of each month an estimate of
the officer's
or employee's work-related
expenses
listed
in division (B)(1) of
this section for that month
along with the specific appropriation
line items from which
those expenditures are to be made, unless
the
board
authorizes, by
resolution, the officer or employee to
submit to
the board such
an
estimate for a period longer than one
month.
The
board may
revise
the estimate and determine the amount
it
approves, if any,
not to
exceed the estimated amount. The
board
shall certify the
amount
of its determination to the county
auditor along with the
necessary information for the auditor to
determine the
appropriate
specific appropriation line
item
items
from which such the
expenditures
are to be
made. After receiving certification from
the county
auditor that
the determined sum of
money is in the
treasury or in
the process
of collection to the
credit of the
appropriate specific
appropriation line
item items for which the
credit card is
approved for
use, and is free
from previous and
then-outstanding
obligations
or certifications,
the board shall
authorize the
officer or
employee to incur debt
for such the expenses
against the
county's
credit up to the authorized
amount. (2) In lieu of following the procedure set forth in
division
(E)(1) of this section, a board of county commissioners
may adopt
a resolution authorizing an officer or employee of an
appointing
authority to use a county credit card to pay for
specific classes
of the work-related expenses listed in division
(B)(1) of this
section, or use a specific credit card for any of
those
work-related expenses listed in division (B)(1) of this
section,
without submitting an estimate of those expenses to the
board as
required by division (E)(1) of this section. Prior to
adopting
the resolution, the board shall notify the county
auditor. The
resolution shall specify whether the officer's or
employee's
exemption extends to the use of a specific credit card, which
card shall
be identified by its number, or to one or more
specific
work-related uses from the classes of uses permitted under
division (B)(1) of this section. Before any credit card
exempted for
specific uses may be used to make purchases for
uses other than
those specific uses listed in the resolution, the
procedures
outlined in division (E)(1) of this section must be
followed or
the use shall be considered an unauthorized use. Use
of any
credit card under division (E)(2) of this section shall be
limited
to the amount appropriated and encumbered in a specific
appropriation line item for the permitted use or uses designated
in the authorizing resolution, or, in the case of a resolution
that authorizes use of a specific credit card, for each of the
permitted uses listed in division (B) of this section, but only
to
the extent the moneys in
such appropriations
those specific
appropriation line items are not otherwise
encumber encumbered. (F)(1) Any time a county credit card approved for use for
an
authorized amount under division (E)(1) of this section is
used
for more than that authorized amount, the appointing
authority may
request the board of county commissioners to
authorize after the
fact the expenditure of any amount charged
beyond the originally
authorized amount if, upon the board's
request, the county auditor
certifies that sum of money is in the
treasury or in the process
of collection to the credit of the
appropriate appropriation line
item for which the credit card was
used, and is free from previous
and then-outstanding obligations
or certifications. If the card
is used for more than the amount
originally authorized and if for
any reason that amount is not
authorized after the fact,
then the
county treasury shall be
reimbursed for any amount spent beyond
the originally authorized
amount in the following manner: (a) If the card is issued in the name of a specific
officer
or employee,
then that officer or employee is liable in
person and
upon any official bond the officer or employee has
given to the
county to
reimburse the county treasury for the amount charged to
the
county beyond the originally authorized amount. (b) If the card
was
is issued to the office of the
appointing
authority,
then the appointing authority is liable in
person and
upon any official bond the appointing authority has
given to
the
county for the amount
charged to the county beyond
the originally
authorized amount. (2) Any time a county credit card authorized for use under
division (E)(2) of this section is used for more than the amount
appropriated under that division, the appointing authority may
request the board of county commissioners to issue a supplemental
appropriation or make a transfer to the
proper line
item account as permitted in section
5705.40 of the Revised Code, to cover the
amount charged beyond
the originally appropriated amount. If the
card is used for more
than the amount originally appropriated and
if for any reason that
amount is not appropriated or transferred
as permitted by this
section,
then the county treasury
shall be
reimbursed for
any amount spent beyond the originally
appropriated
amount in the
following manner: (a) If the card is issued in the name of a specific
officer
or employee,
then that officer or employee is liable in
person and
upon any official bond the officer or employee has
given to the
county for
reimbursing the county treasury for any amount charged
on the
card beyond the originally appropriated amount. (b) If the card is issued in the name of the office of the
appointing authority,
then the appointing authority is liable in
person and upon any official bond the appointing authority
has
given to the county for
reimbursement for any amount charged on
the card beyond the
originally appropriated amount. (3) Whenever any officer or employee who is authorized to use a
credit card held by the board or the office of any other county
appointing authority suspects the loss, theft, or possibility of
unauthorized use of the county credit card the officer or
employee
is authorized to
use, the officer or employee shall so notify
the county auditor and either the
officer's or employee's appointing authority or the board
immediately and in writing. (4) If the county auditor determines there has been a
credit
card expenditure beyond the appropriated or authorized
amount as
provided in division (E) of this section, the auditor
immediately
shall notify the board of county
commissioners of this
fact. When
the board of county commissioners determines, on its
own or after
notification from the county auditor, that the county
treasury
should be reimbursed for credit card expenditures beyond
the
appropriated or authorized amount as provided in divisions
(F)(1)
and (2) of this section, it shall give written notice to
the county auditor and to the
officer or employee or appointing authority
liable to the
treasury
as provided in those divisions (F)(1) and (2) of this section.
If,
within thirty days after issuance of this the written notice, the
county treasury is not reimbursed for the amount shown on the
written notice, the prosecuting attorney of the county shall
recover that amount from the officer or employee or appointing
authority who is liable under this section by civil action in any
court of appropriate jurisdiction. (G) Use of a county credit card for any use other than
those
permitted under division (B)(1) of this section is a violation
of
law
for the purposes of section
2913.21 of the Revised Code.
Sec. 301.29. (A) As used in this section: (1) "Officer" includes an individual who also is an appointing authority. (2) "Procurement card"
means a financial transaction device as defined in section 301.28 of the Revised Code and as authorized under this section, but excludes any
credit card authorized under section 301.27 of the Revised Code.
(B) A procurement card held by a board of county commissioners
or
the office of any other county appointing authority shall be
used
only to pay work-related
expenses. No late charges or finance charges shall be allowed as an allowable expense unless authorized by the board of county commissioners. (C)(1) In any county that chooses to use procurement cards, the board of county commissioners shall, by resolution, adopt a policy with the advice of the county auditor, for the county's use of those cards. The resolution shall include provisions that limit the use of a procurement card to payment for one or more specific work-related or specific classes of work-related expenses, and limit procurement card transactions to a specific number of transactions per day, month, quarter, or other specified period as authorized in division (F)(2) of this section, by supplier or work-related expense. In addition, the resolution shall limit a procurement card to daily and monthly spending limits. The resolution also shall contain a list of administrative controls that the board determines, after consulting with the county auditor, will be sufficient for use of a procurement card. Those administrative controls shall include at a minimum the following: (a) An aggregate amount that may be incurred through use of each card within a day, week, or month; (b) Classes of permissible goods and services that may be purchased with a procurement card; (c) In case a procurement card is misused, a procedure for revocation of the card. (2) The county auditor shall develop internal accounting controls in consultation with the auditor of state for the implementation of this section. (3) If a board of county commissioners adopts a policy under division (C)(1) of this section, it shall advertise a request for proposals from issuers of procurement cards in a newspaper of general circulation within the county at least once a week for two consecutive weeks. The advertisement shall specify the purpose of the request, the type of procurement card or cards sought, and the date by which proposals must be received. That date shall not be less than ten days after the last day of the second week in which the request is advertised. The board also may post the advertisement by electronic means, including posting the advertisement on the county's internet site on the world wide web. If the advertisement is posted on the county web site, the board may eliminate the second newspaper publication otherwise required by this division if the first notice published in a newspaper of general circulation meets all of the following:
(a) It is published at least two weeks before the date required for the receipt of the proposals.
(b) It includes a statement that the notice is posted on the county's internet site on the world wide web.
(c) It includes the county's internet address on the world wide web.
(d) It provides instruction for accessing the advertisement on the county web site. The board shall determine upon the advice of the county auditor and county treasurer whether to contract with any one or more issuers that submit a timely proposal. Before entering into a contract, the board shall adopt a resolution stating the contract's intent and guidelines consistent with divisions (C)(1) and (2) of this section for the use of each procurement card. (D)
A county appointing authority may apply to the board
of
county commissioners for authorization to have an officer or
employee of the appointing authority use a procurement card held by
that appointing authority. The authorization request shall state
whether the card is to be issued only in the name of the office
of
the appointing authority or whether the issued card
also shall include the name of a specified officer or employee. (E) The debt incurred as a result of the use of a procurement
card under this section shall be paid from moneys
appropriated to specific appropriation line items of the appointing authority. (F)(1) Except as otherwise provided in division (F)(2) of
this section, every officer or employee authorized to use a
procurement
card held by the board or appointing authority shall
submit to the
board by the first day of each month an estimate of
the officer's
or employee's work-related
expenses
for that month, unless the
board
authorizes, by
resolution, the officer or employee to submit to
the board such
an
estimate for a period longer than one month.
The
board may
revise
the estimate and determine the amount it
approves, if any,
not to
exceed the estimated amount. The board
shall certify the
amount
of its determination to the county
auditor along with the
specific
appropriation line items from which the
expenditures
are to be
made. After receiving certification pursuant to division (D) of section 5705.41 of the Revised Code that the
specific
appropriation line
item for which the procurement card is
approved for
use is free
from previous and then-outstanding
obligations
or certifications,
the board shall authorize the
officer or
employee to incur debt
for the expenses against the
county's
credit up to the authorized
amount. (2) In lieu of following the procedure set forth in
division
(F)(1) of this section, a board of county commissioners
may adopt
a resolution authorizing an officer or employee of an
appointing
authority to use a county procurement card to pay for
specific classes
of work-related expenses, or to use a specific procurement card for any work-related expenses,
without submitting an estimate of those expenses to the
board as
required by division (F)(1) of this section. Prior to
adopting
the resolution, the board shall notify the county
auditor. The
resolution shall specify whether the officer's or
employee's
exemption extends to the use of a specific procurement card, which
card shall
be identified by its number, or to one or more
specific
work-related uses. Before any procurement card
issued for
specific uses may be used to make purchases for
uses other than
those specific uses listed in the resolution, the
procedures
outlined in division (F)(1) of this section must be
followed or
the use shall be considered an unauthorized use. Use
of any
procurement card under division (F)(2) of this section shall be
limited
to the amount appropriated and encumbered in a specific
appropriation line item for the permitted use or uses designated
in the authorizing resolution, or, in the case of a resolution
that authorizes use of a specific procurement card, for any work-related expense, but only
to
the extent the moneys in those specific appropriation line items are not otherwise
encumbered. (3) A procurement card shall not be used in any manner that circumvents the competitive bidding requirements of section 307.86 of the Revised Code. (G)(1) Any time a county procurement card approved for use for
an
authorized amount under division (F)(1) of this section is
used
for more than that authorized amount, the appointing
authority may
request the board of county commissioners to
authorize after the
fact the expenditure of any amount charged
beyond the originally
authorized amount if, upon the board's
request, the county auditor
certifies that sum of money is in the
treasury or in the process
of collection to the credit of the
appropriate appropriation line
item for which the procurement card was
used, and is free from previous
and then-outstanding obligations
or certifications. If the card
is used for more than the amount
originally authorized and if for
any reason that amount is not
authorized after the fact, the
county treasury shall be
reimbursed for any amount spent beyond
the originally authorized
amount in the following manner: (a) If the card is issued in the name of a specific
officer
or employee, the officer or employee is liable in
person and
upon any official bond the officer or employee has
given to the
county to
reimburse the county treasury for the amount charged to
the
county beyond the originally authorized amount. (b) If the card is issued to the office of the appointing
authority, the appointing authority is liable in person and
upon any official bond the appointing authority has given to
the
county for the amount
charged to the county beyond the originally
authorized amount. (2) Any time a county procurement card authorized for use under
division (F)(2) of this section is used for more than the amount
appropriated under that division, the county treasury shall be
reimbursed for any amount spent beyond the originally
appropriated
amount in the following manner: (a) If the card is issued in the name of a specific
officer
or employee, the officer or employee is liable in
person and
upon any official bond the officer or employee has
given to the
county for
reimbursing the county treasury for any amount charged
on the
card beyond the originally appropriated amount. (b) If the card is issued in the name of the office of the
appointing authority, the appointing authority is liable in
person and upon any official bond the appointing authority
has
given to the county for
reimbursement for any amount charged on
the card beyond the
originally appropriated amount. (3) Whenever any officer or employee who is authorized to use a
procurement card held by the board or the office of any other county
appointing authority suspects the loss, theft, or possibility of
unauthorized or unlawful use of the card, the officer or employee shall notify
the county auditor and the
officer's or employee's appointing authority or the board
immediately and in writing. (4) If the county auditor determines there has been a
procurement
card expenditure beyond the appropriated or authorized
amount as
provided in division (F) of this section, or for an unlawful purpose, the auditor
immediately
shall notify the board of county
commissioners. When
the board determines, on its
own or after
notification from the county auditor, that the county
treasury
should be reimbursed for procurement card expenditures beyond
the
appropriated or authorized amount as provided in divisions
(G)(1)
and (2) of this section, it shall give written notice to
the county auditor and to the
officer or employee or appointing authority
liable to the
treasury
as provided in those divisions.
If,
within thirty days after issuance of this written notice, the
county treasury is not reimbursed for the amount shown on the
written notice, the prosecuting attorney of the county shall
recover that amount from the officer or employee or appointing
authority who is liable under this section by civil action in any
court of appropriate jurisdiction. (H) Use of a county procurement card for any use other than
those
permitted under division (B) of this section is a violation
of law
for the purposes of section
2913.21 of the Revised Code.
Sec. 2913.01. As used in this chapter, unless the context
requires
that a term be given a different meaning: (A) "Deception" means knowingly deceiving another or
causing
another to be deceived by any false or misleading
representation,
by withholding information, by preventing another
from acquiring
information, or by any other conduct, act, or
omission that
creates, confirms, or perpetuates a false
impression in another,
including a false impression as to law,
value, state of mind, or
other objective or subjective fact. (B) "Defraud" means to knowingly obtain, by deception,
some
benefit for oneself or another, or to knowingly cause, by
deception, some detriment to another. (C) "Deprive" means to do any of the following: (1) Withhold property of another permanently, or for a
period that appropriates a substantial portion of its value or
use, or with purpose to restore it only upon payment of a reward
or other consideration; (2) Dispose of property so as to make it unlikely that the
owner will recover it; (3) Accept, use, or appropriate money, property, or
services, with purpose not to give proper consideration in return
for the money, property, or services, and without reasonable
justification or excuse for not giving proper consideration. (D) "Owner" means, unless the context requires a different
meaning, any person, other than the actor, who is
the owner of,
who has possession or control of, or who has
any license
or
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful. (E) "Services" include labor, personal services,
professional services, public utility services, common carrier
services, and food, drink, transportation, entertainment, and
cable television services
and, for purposes of section 2913.04 of
the Revised Code, include cable services as defined in that
section. (F) "Writing" means any computer software, document,
letter,
memorandum, note, paper, plate, data, film, or other
thing having
in or upon it any written, typewritten, or printed
matter, and any
token, stamp, seal, credit card,
badge, trademark, label, or other
symbol of value, right,
privilege, license, or identification. (G) "Forge" means to fabricate or create, in whole or in
part and by any means, any spurious writing, or to make, execute,
alter, complete, reproduce, or otherwise purport to authenticate
any writing, when the writing in fact is not authenticated by
that
conduct. (H) "Utter" means to issue, publish, transfer, use, put or
send into circulation, deliver, or display. (I) "Coin machine" means any mechanical or electronic
device
designed to do both of the following: (1) Receive a coin, bill, or token made for that purpose; (2) In return for the insertion or deposit of a coin,
bill,
or token, automatically dispense property, provide a
service, or
grant a license. (J) "Slug" means an object that, by virtue of its size,
shape, composition, or other quality, is capable of being
inserted
or deposited in a coin machine as an improper substitute
for a
genuine coin, bill, or token made for that purpose. (K) "Theft offense" means any of the following: (1) A violation of section 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31,
2913.32,
2913.33, 2913.34,
2913.40, 2913.42, 2913.43, 2913.44, 2913.45,
2913.47, former section
2913.47 or 2913.48, or section 2913.51,
2915.05,
or 2921.41 of the Revised Code; (2) A violation of an existing or former municipal
ordinance
or law of this or any other state, or of the United
States,
substantially equivalent to any section listed in
division (K)(1)
of this section or a violation of section 2913.41, 2913.81,
or
2915.06 of the Revised Code as it existed prior to July 1, 1996; (3) An offense under an existing or former municipal
ordinance or law of this or any other state, or of the United
States, involving robbery, burglary, breaking and entering,
theft,
embezzlement, wrongful conversion, forgery,
counterfeiting,
deceit, or fraud; (4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (K)(1), (2), or (3) of this
section. (L) "Computer services" includes, but is not limited to,
the
use of a computer system, computer network, computer program,
data
that is prepared for computer use, or data that is contained
within a computer system or computer network. (M) "Computer" means an electronic device that performs
logical, arithmetic, and memory functions by the manipulation of
electronic or magnetic impulses. "Computer" includes, but is not
limited to, all input, output, processing, storage, computer
program, or communication facilities that are connected, or
related, in a computer system or network to an electronic
device
of that nature. (N) "Computer system" means a computer and related
devices,
whether connected or unconnected, including, but not
limited to,
data input, output, and storage devices, data
communications
links, and computer programs and data that make
the system capable
of performing specified special purpose data
processing tasks. (O) "Computer network" means a set of related and remotely
connected computers and communication facilities that includes
more than one computer system that has the capability to transmit
among the connected computers and communication facilities
through
the use of computer facilities. (P) "Computer program" means an ordered set of data
representing coded instructions or statements that, when executed
by a computer, cause the computer to process data. (Q) "Computer software" means computer programs,
procedures,
and other documentation associated with the operation
of a
computer system. (R) "Data" means a representation of information,
knowledge,
facts, concepts, or instructions that are being or
have been
prepared in a formalized manner and that are intended
for use in a
computer, computer system, or computer
network. For
purposes
of
section 2913.47 of the Revised Code, "data" has the additional
meaning set forth in division (A) of that section. (S) "Cable television service" means any services provided
by or through the facilities of any cable television system or
other similar closed circuit coaxial cable communications system,
or any microwave or similar transmission service used in
connection with any cable television system or other similar
closed circuit coaxial cable communications system. (T) "Gain access" means to approach, instruct, communicate
with, store data in, retrieve data from, or otherwise make use of
any resources of a computer, computer system, or computer
network,
or any cable service or cable system both as defined in section
2913.04 of the Revised Code. (U) "Credit card" includes, but is not limited to, a card,
code, device, or other means of access to a customer's account
for
the purpose of obtaining money, property, labor, or services
on
credit, or for initiating an electronic fund transfer at a
point-of-sale terminal, an automated teller machine, or a cash
dispensing machine. It also includes a county procurement card issued under section 301.29 of the Revised Code. (V) "Electronic fund transfer" has the same meaning as in
92
Stat. 3728, 15 U.S.C.A. 1693a, as amended. (W) "Rented property" means personal property in which the
right
of possession and use of the property is for a short and
possibly
indeterminate term in return for consideration; the
rentee generally controls
the duration of possession of the
property, within any applicable minimum or
maximum term; and the
amount of consideration generally is determined by the
duration of
possession of the property. (X) "Telecommunication" means the origination,
emission,
dissemination, transmission, or reception of data, images,
signals,
sounds, or other intelligence or equivalence of
intelligence of
any nature over any communications system by any
method,
including, but not limited to, a fiber optic, electronic,
magnetic, optical, digital, or analog method.
(Y) "Telecommunications
device" means any instrument,
equipment, machine, or other
device that facilitates
telecommunication, including, but not
limited to, a computer,
computer network, computer chip, computer
circuit, scanner,
telephone, cellular telephone, pager, personal
communications
device, transponder, receiver, radio, modem, or
device that
enables the use of a modem. (Z) "Telecommunications
service" means the providing,
allowing, facilitating, or
generating of any form of
telecommunication through the use of a
telecommunications device
over a telecommunications system. (AA) "Counterfeit
telecommunications device" means a
telecommunications device that,
alone or with another
telecommunications device, has been altered,
constructed,
manufactured, or programmed to acquire, intercept, receive, or
otherwise facilitate the use of a telecommunications service or
information
service without the
authority or consent of the
provider of the telecommunications
service or information service.
"Counterfeit telecommunications device"
includes, but
is not
limited to, a clone telephone, clone microchip, tumbler
telephone,
or tumbler microchip; a wireless scanning device
capable of
acquiring, intercepting, receiving, or otherwise
facilitating the
use of telecommunications service or information service
without
immediate detection; or a device, equipment, hardware, or software
designed for, or capable of, altering or changing the electronic
serial number
in a wireless telephone. (BB)(1) "Information
service" means, subject to division
(BB)(2) of this section, the
offering of a capability for
generating, acquiring, storing,
transforming, processing,
retrieving, utilizing, or making
available information via
telecommunications, including, but not
limited to, electronic
publishing. (2) "Information service" does not include any use of a
capability of a type described in division
(BB)(1) of this section
for the
management, control, or operation of a telecommunications
system
or the management of a telecommunications service. (CC) "Elderly person" means a person who is sixty-five
years
of age or older. (DD) "Disabled adult" means a person who is eighteen years
of age
or older
and has some impairment of body or mind that makes
the person unfit to work
at any substantially remunerative
employment that the person
otherwise would be able to perform and
that will, with reasonable
probability, continue for a period of
at least twelve months
without any present indication of recovery
from the impairment, or who is
eighteen years of age or older and
has been certified as permanently and
totally disabled by an
agency
of this state or the United States that has the function of
so classifying persons. (EE) "Firearm" and "dangerous ordnance" have the same
meanings as
in section 2923.11 of the Revised Code. (FF) "Motor vehicle" has the same meaning as in section
4501.01
of the Revised Code. (GG) "Dangerous drug" has the same meaning as in section
4729.01
of the Revised Code. (HH) "Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.
Sec. 5705.41. No subdivision or taxing unit shall: (A) Make any appropriation of money except as provided in
Chapter 5705. of the Revised Code; provided, that the
authorization of a bond issue shall be deemed to be an
appropriation of the proceeds of the bond issue for the purpose
for which such bonds were issued, but no expenditure shall be
made
from any bond fund until first authorized by the taxing
authority; (B) Make any expenditure of money unless it has been
appropriated as provided in such chapter; (C) Make any expenditure of money except by a proper
warrant
drawn against an appropriate fund; (D)(1) Except as otherwise provided in division (D)(2) of
this section and section 5705.44 of the Revised Code, make any
contract or give any order involving the
expenditure of money
unless there is attached thereto a
certificate of the fiscal
officer of the subdivision that the
amount required to meet the
obligation or, in the case of a
continuing contract to be
performed in whole or in part in an
ensuing fiscal year, the
amount required to meet the obligation
in
the fiscal year in which
the contract is made, has been
lawfully
appropriated for such
purpose and is in the treasury or
in process
of collection to the
credit of an appropriate fund
free from any
previous encumbrances.
This certificate need be
signed only by
the subdivision's fiscal
officer. Every such
contract made
without such a certificate
shall be void, and no
warrant shall be
issued in payment of any
amount due thereon. If
no certificate is
furnished as required,
upon receipt by the
taxing authority of the
subdivision or taxing
unit of a
certificate of the fiscal officer
stating that there was
at the
time of the making of such contract
or order and at the
time of
the execution of such certificate a
sufficient sum
appropriated
for the purpose of such contract and
in the treasury
or in
process of collection to the credit of an
appropriate fund
free
from any previous encumbrances, such taxing
authority may
authorize the drawing of a warrant in payment of
amounts due upon
such contract, but such resolution or ordinance
shall be passed
within thirty days
after the
taxing authority
receives such
certificate; provided
that, if the
amount involved
is less than
one hundred dollars in
the case of
counties or
three
thousand
dollars in the case of all
other
subdivisions or taxing
units, the
fiscal officer may
authorize it
to be paid without such
affirmation of the taxing
authority of the
subdivision or taxing
unit, if such expenditure
is otherwise
valid. (2) Annually, the board of county commissioners may adopt
a
resolution exempting for the current fiscal year county
purchases
of seven hundred fifty one thousand dollars or less from the
requirement of
division (D)(1) of this section that a certificate
be attached to
any contract or order involving the expenditure of
money. The
resolution shall state the dollar amount that is
exempted from the
certificate requirement and whether the
exemption applies to all
purchases, to one or more specific
classes of purchases, or to the
purchase of one or more specific
items. Prior to the adoption of
the resolution, the board shall
give written notice to the county
auditor that it intends to
adopt the resolution. The notice shall
state the dollar amount
that is proposed to be exempted and
whether the exemption would
apply to all purchases, to one or more
specific classes of
purchases, or to the purchase of one or more
specific items. The
county auditor may review and comment on the
proposal, and shall
send any comments to the board within fifteen
days after
receiving the notice. The board shall wait at least
fifteen days
after giving the notice to the auditor before
adopting the
resolution. A person authorized to make a county
purchase in a
county that has adopted such a resolution shall
prepare and file
with the county auditor, within three business
days after
incurring an obligation not requiring a certificate, or within any other period of time the board of county commissioners specifies in the resolution, a
written
or electronically transferred document specifying the purpose and amount of the
expenditure,
the date of the purchase, the name of the vendor, the specific appropriation line items from which the expenditures are to be made, and
such
any additional information as the auditor of state may prescribe. (3) Upon certification by the auditor or other chief
fiscal
officer that a certain sum of money, not in excess of five
thousand dollars, has been lawfully appropriated, authorized, or
directed for a certain purpose and is in the treasury or in the
process of collection to the credit of a specific line-item
appropriation account in a certain fund free from previous and
then outstanding obligations or certifications, then for such
purpose and from such line-item appropriation account in such
fund, over a period not exceeding three months and not extending
beyond the end of the fiscal year, expenditures may be made,
orders for payment issued, and contracts or obligations calling
for or requiring the payment of money made and assumed; provided,
that the aggregate sum of money included in and called for by
such
expenditures, orders, contracts, and obligations shall not
exceed
the sum so certified. Such a certification need be signed
only by
the fiscal officer of the subdivision or the taxing
district and
may, but need not, be limited to a specific vendor.
An itemized
statement of obligations incurred and expenditures
made under such
certificate shall be rendered to the auditor or
other chief fiscal
officer before another such certificate may be
issued, and not
more than one such certificate shall be
outstanding at a time. In addition to providing the certification for expenditures
of five thousand dollars or less as provided in this division, a
subdivision also may make expenditures, issue orders for
payment,
and
make contracts or obligations calling for or requiring the
payment of money made and assumed for specified permitted
purposes
from a specific line-item appropriation account in a
specified
fund for a sum of money
upon the
certification by the fiscal
officer of the
subdivision that this
sum of
money has been
lawfully appropriated, authorized, or
directed for
a permitted
purpose and is in the treasury or in the
process of
collection to
the credit of the specific line-item
appropriation
account in the
specified fund free from previous and
then-outstanding obligations
or certifications; provided that the
aggregate sum of money
included in and called for by the
expenditures, orders, and
obligations shall not exceed the
certified sum. The purposes for
which a subdivision may
lawfully
appropriate, authorize, or issue
such a certificate are the
services of an accountant, architect,
attorney at law, physician,
professional engineer, construction
project manager, consultant,
surveyor, or appraiser by or on
behalf of the subdivision or
contracting authority; fuel oil,
gasoline, food items, roadway
materials, and utilities; and any
purchases exempt from
competitive bidding under section 125.04 of
the Revised Code and
any other specific expenditure that is a
recurring and reasonably
predictable operating expense. Such a
certification shall not
extend beyond the end of the fiscal year
or, in the case of
a
board of
county commissioners that has
established a quarterly
spending plan
under section 5705.392 of
the Revised Code, beyond
the quarter to
which the plan applies.
Such a certificate shall
be signed by
the fiscal officer and may,
but need not, be
limited
to a
specific vendor. An itemized
statement of obligations
incurred
and expenditures made under such
a certificate shall be
rendered
to the fiscal officer for each
certificate
issued. More
than one
such certificate may be
outstanding at any time. In any case in which a contract is entered into upon a per
unit basis, the head of the department, board, or commission for
the benefit of which the contract is made shall make an estimate
of the total amount to become due upon such contract, which
estimate shall be certified in writing to the fiscal officer of
the subdivision. Such a contract may be entered into if the
appropriation covers such estimate, or so much thereof as may be
due during the current year. In such a case the certificate of
the fiscal officer based upon the estimate shall be a sufficient
compliance with the law requiring a certificate. Any certificate of the fiscal officer attached to a
contract
shall be binding upon the political subdivision as to
the facts
set forth therein. Upon request of any person
receiving an order
or entering into a contract with any political
subdivision, the
certificate of the fiscal officer shall be
attached to such order
or contract. "Contract" as used in this
section excludes current
payrolls of regular employees and
officers. (E) Taxes and other revenue in process of collection, or the
proceeds to be derived from authorized bonds, notes, or
certificates of indebtedness sold and in process of delivery,
shall for the purpose of this section be deemed in the treasury
or
in process of collection and in the appropriate fund. This
section applies neither to the investment of sinking funds by the
trustees of such funds, nor to investments made under sections
731.56 to 731.59 of the Revised Code. No district authority shall, in transacting its own
affairs,
do any of the things prohibited to a subdivision by this
section,
but the appropriation referred to shall become the
appropriation
by the district authority, and the fiscal officer
referred to
shall mean the fiscal officer of the district
authority.
Section 2. That existing sections 301.27, 2913.01, and 5705.41 of the
Revised Code are hereby repealed.
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