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Sub. S. B. No. 185 As Reported by the House State Government and Elections CommitteeAs Reported by the House State Government and Elections Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Kearney, Cates, Grendell, Seitz, Carey, Gardner, Harris, Sawyer, Wilson, Fedor, Morano, Spada, Boccieri
Representatives Daniels, Brown, Collier, Domenick, Flowers, Lundy, Reinhard, Schneider, Skindell
A BILL
To amend sections 127.14, 131.18, 131.44, 131.51,
133.10, 135.35, 135.352, 149.411, 321.08, 3375.05,
3375.121, 3375.32, 3375.35,
3375.36, 3375.37,
3375.38, 3375.39, 3375.40, 3375.404, 3375.41,
3375.42, 3375.85,
3375.91, 3375.92, 5705.28,
5705.281, 5705.31, 5705.32, 5705.321, 5705.37,
5715.36,
5719.041, 5747.03, 5747.46, 5747.47,
5747.48, 5747.51, and
5747.52 and to
enact
sections 3375.351, 3375.64, 3375.65, 3375.66, and
3375.67 of the Revised Code and to amend Section
323.10 of H.B. 119 of the 127th General Assembly
to
revise certain laws governing public
libraries, to change the name of the Library and
Local Government Support Fund, and to codify the
creation of the Ohio Public Library Information
Network.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 127.14, 131.18, 131.44, 131.51,
133.10, 135.35, 135.352, 149.411, 321.08, 3375.05, 3375.121,
3375.32, 3375.35,
3375.36, 3375.37, 3375.38, 3375.39, 3375.40,
3375.404, 3375.41, 3375.42, 3375.85,
3375.91, 3375.92, 5705.28,
5705.281, 5705.31, 5705.32, 5705.321, 5705.37, 5715.36,
5719.041,
5747.03, 5747.46, 5747.47, 5747.48, 5747.51, and
5747.52 be
amended and sections 3375.351, 3375.64, 3375.65, 3375.66, and
3375.67 of the
Revised Code be enacted to read as follows:
Sec. 127.14. The controlling board may, at the request of
any state agency or the director of budget and management,
authorize, with respect to the provisions of any appropriation
act:
(A) Transfers of all or part of an appropriation within
but
not between state agencies, except such transfers as the
director
of budget and management is authorized by law to make,
provided
that no transfer shall be made by the director for the
purpose of
effecting new or changed levels of program service not
authorized
by the general assembly;
(B) Transfers of all or part of an appropriation from one
fiscal year to another;
(C) Transfers of all or part of an appropriation within or
between state agencies made necessary by administrative
reorganization or by the abolition of an agency or part of an
agency;
(D) Transfers of all or part of cash balances in excess of
needs from any fund of the state to the general revenue fund or
to
such other fund of the state to which the money would have
been
credited in the absence of the fund from which the transfers
are
authorized to be made, except that the controlling board may
not
authorize such transfers from the accrued leave liability
fund,
auto registration distribution fund, budget stabilization
fund,
development bond retirement fund, facilities establishment
fund,
gasoline excise tax fund, general revenue fund, higher
education
improvement fund, highway improvement bond retirement
fund,
highway obligations bond retirement fund, highway capital
improvement fund, highway
operating fund, horse
racing tax fund,
improvements bond retirement fund, public library and
local
government support fund, liquor control fund, local
government
fund, local transportation improvement program fund,
mental health
facilities improvement fund, Ohio fairs fund, parks
and recreation
improvement fund, public improvements bond
retirement fund, school
district
income tax fund, state agency facilities improvement
fund, state
and local government highway distribution fund, state
highway
safety fund, state lottery fund, undivided liquor permit
fund,
Vietnam conflict compensation bond retirement fund,
volunteer
fire fighters' dependents fund, waterways safety fund,
wildlife
fund, workers' compensation fund, or any fund not
specified in
this division that the director of budget and
management
determines to be a bond fund or bond retirement fund;
(E) Transfers of all or part of those appropriations
included
in the emergency purposes account of the controlling
board;
(F) Temporary transfers of all or part of an appropriation
or
other moneys into and between existing funds, or new funds, as
may
be established by law when needed for capital outlays for
which
notes or bonds will be issued;
(G) Transfer or release of all or part of an appropriation
to
a state agency requiring controlling board approval of such
transfer or release as provided by law;
(H) Temporary transfer of funds included in the emergency
purposes appropriation of the controlling board. Such temporary
transfers may be made subject to conditions specified by the
controlling board at the time temporary transfers are authorized.
No transfers shall be made under this division for the purpose of
effecting new or changed levels of program service not authorized
by the general assembly.
As used in this section, "request" means an application by
a
state agency or the director of budget and management seeking
some
action by the controlling board.
When authorizing the transfer of all or part of an
appropriation under this
section, the controlling board may
authorize the transfer to an existing
appropriation item and the
creation of and transfer to a new appropriation
item.
Whenever there is a transfer of all or part of funds
included
in the emergency purposes appropriation by the
controlling board,
pursuant to division (E) of this section, the
state agency or the
director of budget and management receiving
such transfer shall
keep a detailed record of the use of the
transferred funds. At the
earliest scheduled meeting of the
controlling board following the
accomplishment of the purposes
specified in the request originally
seeking the transfer, or
following the total expenditure of the
transferred funds for the
specified purposes, the state agency or
the director of budget
and management shall submit a report on the
expenditure of such
funds to the board. The portion of any
appropriation so
transferred which is not required to accomplish
the purposes
designated in the original request to the controlling
board shall
be returned to the proper appropriation of the
controlling board
at this time.
Notwithstanding any provisions of law providing for the
deposit of revenues received by a state agency to the credit of a
particular fund in the state treasury, whenever there is a
temporary transfer of funds included in the emergency purposes
appropriation of the controlling board pursuant to division (H)
of
this section, revenues received by any state agency receiving
such
a temporary transfer of funds shall, as directed by the
controlling board, be transferred back to the emergency purposes
appropriation.
The board may delegate to the director of budget and
management authority to approve transfers among items of
appropriation under division (A) of this section.
Sec. 131.18. When a loss of public funds, entrusted to a
county or municipal corporation treasurer or to a clerk of the
court of common pleas, clerk of the court of appeals, clerk of
the
municipal court, clerk of the county court, judge of the
probate
court as clerk of such court, judge of the juvenile court
as clerk
of such court, or to a township or school district
treasurer, or a
clerk fiscal officer of the board of trustees of a public
library
by virtue of his the treasurer's, clerk's, judge's, or fiscal
officer's
office, results from fire, robbery,
burglary, flood, or
inability of a bank to refund public money
lawfully in its
possession belonging to such public funds, the
board of county
commissioners, board of township trustees, the
legislative
authority of the municipal corporation, the board of
education, or
the board of library trustees, respectively, may
release and
discharge such treasurer, clerk, or judge, or fiscal officer from
all
personal liability to or demands of such county, township,
municipal corporation, school district, or public library, for
the
loss so created unless the loss resulted from his the
treasurer's,
clerk's, judge's, or fiscal officer's negligence
or other wrongful
act.
Sec. 131.44. (A) As used in this section:
(1) "Surplus revenue" means the excess, if any, of the
total
fund balance over the required year-end balance.
(2) "Total fund balance" means the sum of the unencumbered
balance in the general revenue fund on the last day of the
preceding fiscal year plus the balance in the budget
stabilization
fund.
(3) "Required year-end balance" means the sum of the
following:
(a) Five per cent of the general
revenue fund revenues for
the preceding fiscal year;
(b) "Ending fund balance," which means
one-half of one per
cent of general revenue fund revenues for
the preceding fiscal
year;
(c) "Carryover balance," which means,
with respect to a
fiscal biennium, the excess, if any, of the
estimated general
revenue fund appropriation and transfer
requirement for the second
fiscal year of the biennium over the
estimated general revenue
fund revenue for that fiscal
year;
(d) "Capital appropriation reserve,"
which means the amount,
if any, of general revenue fund capital
appropriations made for
the current biennium that the director
of budget and management
has determined will be encumbered or
disbursed;
(e) "Income tax reduction impact
reserve," which means an
amount equal to the reduction projected
by the director of budget
and management in income tax revenue
in the current fiscal year
attributable to the previous
reduction in the income tax rate made
by the tax commissioner
pursuant to division (B) of
section
5747.02 of the Revised
Code.
(4) "Estimated general revenue fund appropriation and
transfer requirement" means the most recent adjusted
appropriations made by the general assembly from the general
revenue fund and includes both of the following:
(a) Appropriations made and transfers
of appropriations from
the first fiscal year to the second fiscal
year of the biennium in
provisions of acts of the general
assembly signed by the governor
but not yet effective;
(b) Transfers of appropriation from
the first fiscal year to
the second fiscal year of the biennium
approved by the controlling
board.
(5) "Estimated general revenue fund revenue" means the
most
recent such estimate available to the director of budget
and
management.
(B)(1) Not later than the thirty-first day
of July each year,
the director of budget and
management shall determine the surplus
revenue that existed on the preceding
thirtieth day of June and
transfer from the general revenue fund, to the
extent of the
unobligated, unencumbered balance on
the preceding thirtieth day
of June
in excess of one-half of one per cent of the general
revenue fund revenues in the preceding fiscal year, the following:
(a) First, to the budget stabilization
fund, any amount
necessary for the balance of the budget
stabilization fund to
equal five per cent of the general revenue
fund revenues of the
preceding fiscal year;
(b) Then, to the income tax reduction
fund, which is hereby
created in the state treasury, an amount
equal to the surplus
revenue.
(2) Not later than the thirty-first day of
July each year,
the director shall determine the percentage that the balance
in
the income tax reduction fund is of the amount of revenue that the
director estimates will be received
from the tax levied under
section 5747.02 of the Revised Code in the current fiscal year
without regard
to any reduction under division
(B) of that
section. If that percentage exceeds thirty-five one
hundredths of
one per cent, the director shall certify
the percentage to the tax
commissioner not later than the
thirty-first day of July.
(C) The director of budget and
management shall transfer
money in the income tax reduction fund to the
general revenue
fund, the local government fund, and the public library and local
government support fund as
necessary to offset revenue reductions
resulting from the
reductions in taxes required under division
(B)
of section 5747.02 of the Revised Code in the respective amounts
and
percentages prescribed by division (A) of section 5747.03 and
divisions (A) and (B) of section 131.51
of
the Revised Code as if
the
amount transferred had been
collected as taxes under Chapter
5747.
of the Revised Code. If no
reductions in taxes are made
under that division
that affect
revenue received in the current
fiscal year, the
director shall
not transfer money from the
income tax reduction
fund to the
general revenue fund, the local
government fund, and the public
library
and local government
support
fund.
Sec. 131.51. (A) Beginning January 2008, on or before the
fifth day of each month, the director of budget and management
shall credit to the local government fund three and sixty-eight
one hundredths per cent of total tax revenue credited to the
general revenue fund during the preceding month. In determining
the total tax revenue credited to the general revenue fund during
the preceding month, the director shall include amounts
transferred from that fund during the preceding month pursuant to
divisions (A) and (B) of this section. Money shall be distributed
from the local government fund as required under section 5747.50
of the Revised Code during the same month in which it is credited
to the fund.
(B) Beginning January 2008, on or before the fifth day of
each month, the director of budget and management shall credit to
the public library and local government support fund, two and
twenty-two
one hundredths per cent of the total tax revenue
credited to the
general revenue fund during the preceding month.
In determining
the total tax revenue credited to the general
revenue fund during
the preceding month, the director shall
include amounts
transferred from that fund during the preceding
month pursuant to
divisions (A) and (B) of this section. Money
shall be distributed
from the public library and local government
support fund as required
under section 5747.47 of the Revised
Code during the same month in
which it is credited to the fund.
(C) The director of budget and management shall develop a
schedule identifying the specific tax revenue sources to be used
to make the monthly transfers required under divisions (A) and (B)
of this section. The director may, from time to time, revise the
schedule as the director considers necessary.
Sec. 133.10. (A) In anticipation of the collection of
current property tax revenues in and for any fiscal year, the
taxing authority of any subdivision may issue securities, but the
aggregate principal amount of such securities shall not exceed
one-half of the amount that the budget commission estimates the
subdivision will receive from property taxes in that fiscal year
and prior to the last day of the sixth month following the month
in which the securities are issued, other than taxes to be
received for the payment of debt charges or allocated to debt
charges on securities issued pursuant to division (C) of this
section, and less all advances. When a partial, semiannual, or
final property tax settlement is delayed, securities may also be
issued in anticipation of the receipt of property taxes levied or
collected for debt charges to the extent necessary to meet such
debt charges but not in excess of such estimated receipts, less
all advances. The securities issued pursuant to this division
(A)
shall mature not later than the last day of the sixth month
following the month in which the securities are issued and in any
case not later than the last day of the fiscal year in which they
are issued.
(B) In anticipation of the collection of current revenues
in
and for any fiscal year from any source or combination of
sources,
including distributions of any federal or state moneys,
other than
the proceeds of property taxes levied by the
subdivision, the
taxing authority of any subdivision may issue
securities, but the
aggregate principal amount of such securities
shall not exceed
one-half of the amount estimated by the fiscal
officer to be
received by the subdivision from such sources
during the remainder
of such fiscal year, less advances and prior
collections.
(C) In anticipation of the collection of current property
tax
revenues in and for any fiscal year, the taxing authority of
a
county, municipal corporation, township, or school district may
issue securities, but the aggregate principal amount of those
securities and of any securities issued pursuant to division (A)
of this section outstanding at the time of issuance shall not
exceed one-half of the amount that the budget commission
estimates
the subdivision will receive from all property taxes
that are to
be distributed to the subdivision from all
settlements of taxes
that are to be made in the remainder of that
fiscal year, other
than taxes to be received for the payment of
debt charges, and
less all advances.
(D) When the tax settlement scheduled under division (B)
of
section 321.24 of the Revised Code is delayed pursuant to
division
(E) of that section, the taxing authority of a school
district may
issue property tax anticipation securities against
the taxes to be
included in that settlement, but the aggregate
principal amount of
all securities outstanding against those
taxes shall not exceed
ninety per cent of the amount estimated to
be received from that
settlement by the budget commission, other
than taxes to be
received for the payment of debt charges, and
less all advances.
The securities issued pursuant to this
division (D) shall mature
on or before the next ensuing
thirty-first day of August.
(E) This division applies to all securities authorized by
this section.
(1) The amounts from the sources anticipated needed to pay
debt charges and financing costs shall be considered appropriated
for that purpose, and other appropriations from those sources by
the taxing authority shall be limited to the balance available
after deducting the amount to pay those debt charges and
financing
costs. The portions of those amounts as received and
to be applied
to those debt charges shall be deposited and set
aside in an
account for the purpose in the bond retirement fund
in the amounts
and at the times required to pay those debt
charges as provided
for by the authorizing legislation or
otherwise provided by law.
(2) Except as otherwise provided in division (H) of
this
section, the securities shall not be issued prior to the first
day
and, except as otherwise provided in divisions (A) and (D) of
this
section, shall mature not later than the last day of the
fiscal
year for which the revenues are anticipated.
(3) The proceeds of the principal amount of the securities
shall be used only for the purposes for which the amounts
anticipated were levied, collected, distributed, and
appropriated,
and for financing costs related to those
securities.
(4) Property taxes include distributions from the state in
payment of credits against or partial exemptions from, or
reduction of, property taxes.
(5) If for any reason debt charges on securities
authorized
by this section are not paid by the subdivision in the
fiscal year
when due, the taxing authority of the subdivision
shall include in
its next annual appropriation measure an amount
sufficient to pay
those debt charges, and the county auditor and
county treasurer
shall withhold, in a custodial account, amounts
due the
subdivision from the sources anticipated until such
amount is
accumulated by those officers and they directly pay or
provide,
through the paying agent or otherwise, for the payment
of those
debt charges.
(F) The authority to issue securities under divisions (A)
and
(B) of this section may be exercised by any board of library
trustees of a public library, or board of park commissioners of a
township, to which the budget commission has allotted a share of
the local government fund under section 5747.51 of the Revised
Code or of the public library and local government support fund
under
section 5707.051 of the Revised Code.
(G) The taxing authority of a school district issuing
securities under division (A), (C), or (D) of this section shall
in the legislation authorizing the securities affirm the levy of,
or covenant to levy, the anticipated property taxes to be
collected in the following year.
(H) The taxing authority of a school district may issue
securities authorized by this section on or after the tenth day
preceding the
first day of the fiscal year for which the revenues
are anticipated; provided,
that if the taxing authority of a
school district issues securities authorized
by this section prior
to the first day of the fiscal year for which the
revenues are
anticipated:
(1) None of the proceeds received by the school district from
the sale of
the securities shall be considered available for
appropriation prior to the
first day of the fiscal year for which
the revenues are anticipated; and
(2) None of the proceeds received by the school district from
the sale of
the securities shall be expended prior to the first
day of the fiscal year for
which the revenues are anticipated.
Sec. 135.35. (A) The investing authority shall deposit or
invest any part or all of the county's inactive moneys and shall
invest all of the money in the county public library and local
government support fund when required by section 135.352 of the
Revised Code. The following classifications of securities and
obligations are eligible for such deposit or investment:
(1) United States treasury bills, notes, bonds, or any other
obligation or
security issued by the United States treasury, any
other obligation
guaranteed as to principal or interest by the
United States, or any book entry, zero-coupon United States
treasury security that is a direct obligation of the United
States.
Nothing in the classification of eligible securities and
obligations set forth
in divisions (A)(2) to
(11) of this
section
shall be construed to authorize any investment in stripped
principal
or interest obligations of such eligible securities and
obligations.
(2) Bonds, notes, debentures, or any other obligations or
securities issued by any federal government agency or
instrumentality, including but not limited to, the federal
national mortgage association, federal home loan bank, federal
farm credit
bank, federal home loan mortgage corporation,
government national mortgage
association, and student loan
marketing association. All federal agency
securities shall be
direct issuances of federal government agencies or
instrumentalities.
(3) Time certificates of deposit or savings or deposit
accounts, including, but not limited to, passbook accounts, in
any
eligible institution mentioned in section 135.32 of the
Revised
Code;
(4) Bonds and other obligations of this state or the
political subdivisions
of this state, provided that such political
subdivisions are located wholly or
partly within the same county
as the investing authority;
(5) No-load money market mutual funds consisting
exclusively
of obligations described in division (A)(1) or (2) of
this section
and repurchase agreements secured by such
obligations, provided
that investments in securities
described in this division are made
only through eligible institutions
mentioned in section 135.32 of
the Revised Code;
(6) The Ohio subdivision's fund as provided in section 135.45
of the Revised
Code;
(7) Securities lending agreements with any eligible
institution
mentioned in section 135.32 of the Revised Code that
is a member of the
federal reserve system or federal home loan
bank or with any recognized United States government securities
dealer meeting the description in division (J)(1) of this section,
under the terms of which
agreements the
investing authority lends
securities and the eligible institution
or dealer agrees to
simultaneously exchange similar securities or cash,
equal value
for equal value.
Securities and cash received as collateral for a securities
lending agreement are not inactive moneys of the county or moneys
of a county public library and local government support fund. The
investment of cash collateral received pursuant to a securities
lending agreement may be invested only in instruments specified by
the investing authority in the written investment policy described
in division (K) of this section.
(8) Up to twenty-five per cent of the county's total average
portfolio in
either of the following investments:
(a) Commercial paper notes issued by an entity that is
defined in
division (D) of section 1705.01 of the Revised Code
and
that has
assets exceeding five hundred million dollars, to which
notes all of the
following apply:
(i) The notes are rated at the time of purchase in the
highest
classification established by at least two nationally
recognized standard
rating services.
(ii) The aggregate value of the notes does not exceed ten per
cent
of the aggregate value of the outstanding commercial paper of
the issuing
corporation.
(iii) The notes mature not later than two hundred seventy
days
after
purchase.
(b) Bankers acceptances of banks that are insured by the
federal
deposit insurance corporation and to which both of the
following
apply:
(i) The obligations are eligible for purchase by the federal
reserve system.
(ii) The obligations mature not later than one hundred eighty
days after purchase.
No investment shall be made pursuant to division (A)(8) of
this
section unless the investing authority has completed
additional training
for making the investments authorized by
division (A)(8) of
this section. The type and amount of additional
training shall be approved by
the auditor
of state and may be
conducted by or provided under the supervision of the
auditor of
state.
(9) Up to fifteen per cent of the county's total average
portfolio in notes issued by corporations that are incorporated
under the laws of the United States and that are operating within
the United States, or by depository institutions that are doing
business under authority granted by the United States or any state
and that are operating within the United States, provided both of
the following apply:
(a) The notes are rated in the second highest or higher
category by at least two
nationally recognized standard rating
services at the time of
purchase.
(b) The notes mature not later than two years after
purchase.
(10) No-load money market mutual funds rated in the highest
category at the time of purchase by at least one nationally
recognized standard rating service and consisting
exclusively of
obligations described in division (A)(1), (2), or (6) of section
135.143 of the Revised Code;
(11) Debt interests rated at the time of purchase in the
three highest categories by two nationally
recognized standard
rating services and issued by
foreign nations
diplomatically
recognized by the United States
government. All
interest and
principal shall be denominated and
payable in United
States funds.
The investments made under
division (A)(11) of this
section shall
not exceed in the aggregate
one per cent of a
county's total
average portfolio.
The investing authority shall invest under division (A)(11)
of this section in a debt interest issued by a foreign nation only
if the debt interest is backed by the full faith and credit of
that foreign nation, there is no prior history of default, and the
debt interest matures not later than five years after purchase.
For purposes of division (A)(11) of this section, a debt interest
is rated in the three highest categories by two nationally
recognized standard rating services if either the debt interest
itself or the issuer of the debt interest is rated, or is
implicitly rated, at the time of purchase in the three highest
categories by two nationally recognized standard rating services.
(B) Nothing in the classifications of eligible obligations
and securities
set forth in divisions (A)(1) to (11) of this
section shall
be
construed to authorize investment in a
derivative, and no investing
authority shall invest any county
inactive moneys or any moneys in
a county public library and local
government support fund in a derivative. For
purposes of this
division, "derivative" means a financial instrument or
contract or
obligation whose value or return is based upon or linked to
another asset or index, or both, separate from the financial
instrument,
contract, or obligation itself. Any security,
obligation, trust account, or
other instrument that is created
from an issue of the United
States treasury or is created from an
obligation of a federal agency
or instrumentality or is created
from both is considered a derivative
instrument. An eligible
investment described in this section with a variable
interest rate
payment, based upon a single interest payment or single index
comprised of other eligible investments provided for in division
(A)(1) or (2) of this section, is not a derivative, provided that
such variable rate investment has a maximum maturity of two years.
A treasury inflation-protected security shall not be considered a
derivative, provided the security matures not later than five
years after purchase.
(C) Except as provided in division (D) of this
section, any
investment made pursuant to this section must mature within
five
years from the date of settlement, unless the investment is
matched to a
specific obligation or debt of the
county or to a
specific obligation or debt of a political subdivision of
this
state located wholly or partly within the county, and the
investment
is specifically approved by the investment advisory
committee.
(D) The investing authority may also enter into a written
repurchase agreement with any eligible institution
mentioned in
section 135.32 of the Revised Code or any eligible securities
dealer pursuant to division (J) of this section, under the terms
of which
agreement the investing authority purchases and the
eligible
institution or dealer agrees
unconditionally to
repurchase any of the securities listed in
divisions (B)(1) to
(5), except
letters of credit described in division (B)(2), of
section 135.18 of the Revised Code. The
market value of
securities
subject to an overnight written repurchase agreement must
exceed
the
principal value of the overnight written repurchase agreement
by at
least two per
cent. A written repurchase agreement must
exceed the
principal value of the
overnight written repurchase
agreement, by at least two per cent. A
written repurchase
agreement shall not exceed thirty days, and the market
value of
securities subject to a written repurchase
agreement must exceed
the
principal value of the written repurchase agreement by at
least two per cent and
be marked to market daily. All securities
purchased pursuant to this division
shall be delivered into the
custody of the investing authority or the qualified custodian of
the investing
authority or an agent designated by the investing
authority. A written
repurchase
agreement with an eligible
securities dealer shall be transacted on a delivery
versus payment
basis. The agreement
shall contain the requirement that for each
transaction pursuant
to the agreement the participating
institution shall provide all
of the following information:
(1) The par value of the securities;
(2) The type, rate, and maturity date of the securities;
(3) A numerical identifier generally accepted in the
securities industry that designates the securities.
No investing authority shall enter into a written repurchase
agreement under the terms of which the investing authority agrees
to sell
securities owned by
the county to a purchaser and agrees
with that purchaser to unconditionally
repurchase those
securities.
(E) No investing authority shall make an investment
under
this section, unless the investing authority, at the time of
making the
investment, reasonably expects that the investment can
be held until its maturity. The investing authority's written
investment
policy shall specify the conditions under which an
investment may be redeemed
or sold prior to maturity.
(F) No investing authority shall pay a county's inactive
moneys
or moneys of a county public library and local government
support fund into a fund
established by another subdivision,
treasurer, governing board, or investing
authority, if that fund
was established by the subdivision, treasurer,
governing board, or
investing authority for the purpose of investing or
depositing the
public moneys of other subdivisions. This division does not
apply
to the payment of public moneys into either of the following:
(1) The Ohio subdivision's fund pursuant to division (A)(6)
of this section;
(2) A fund created solely for the purpose of acquiring,
constructing, owning,
leasing, or operating municipal utilities
pursuant to the authority provided
under section 715.02 of the
Revised Code or Section 4 of Article XVIII, Ohio
Constitution.
For purposes of division (F) of this section, "subdivision"
includes
a county.
(G) The use of leverage, in which the county uses its current
investment assets as collateral for the purpose of purchasing
other assets, is
prohibited. The issuance of taxable notes for the
purpose of arbitrage is
prohibited. Contracting to sell securities
not owned by the county, for the
purpose of purchasing such
securities on the speculation that bond prices will
decline, is
prohibited.
(H) Any securities, certificates of deposit, deposit
accounts, or any other documents evidencing deposits or
investments made under authority of this section shall be issued
in the name of the county with the county treasurer or investing
authority as the designated payee. If any such deposits or
investments are registrable either as to principal or interest,
or
both, they shall be registered in the name of the treasurer.
(I) The investing authority shall be responsible for the
safekeeping of all documents evidencing a deposit or investment
acquired under this section, including, but not limited to,
safekeeping receipts evidencing securities deposited with a
qualified trustee, as provided in section 135.37 of the Revised
Code, and documents confirming the purchase of securities under
any repurchase agreement under this section shall be deposited
with a qualified trustee, provided, however, that the qualified
trustee shall be required to report to the investing authority,
auditor of state, or an authorized outside auditor at any time
upon request as to the identity, market value, and location of
the
document evidencing each security, and that if the
participating
institution is a designated depository of the
county for the
current period of designation, the securities that
are the subject
of the repurchase agreement may be delivered to
the treasurer or
held in trust by the participating institution
on behalf of the
investing authority.
Upon the expiration of the term of office of an investing
authority or in the event of a vacancy in the office for any
reason, the officer or the officer's legal representative
shall
transfer and deliver to the officer's successor all documents
mentioned in this division for which the officer has been
responsible for safekeeping. For
all such documents transferred
and delivered, the officer shall
be credited with, and the
officer's successor shall be
charged with, the amount of moneys
evidenced by such documents.
(J)(1) All investments, except for investments in securities
described in divisions (A)(5) and (6) of this
section, shall be
made only
through a member of the national association of
securities
dealers, through a bank, savings bank, or savings and
loan
association regulated by the
superintendent of financial
institutions, or through an institution regulated
by the
comptroller of the currency, federal deposit
insurance
corporation, or board of governors of the federal reserve
system.
(2) Payment for investments shall be made only upon the
delivery of
securities representing
such investments to the
treasurer, investing authority, or
qualified trustee. If the
securities transferred are not
represented by a certificate,
payment shall be made only upon
receipt of confirmation of
transfer from the custodian by the
treasurer, governing board, or
qualified trustee.
(K)(1) Except as otherwise provided in division (K)(2) of
this section, no investing authority shall make an investment or
deposit under
this section, unless there is on file with the
auditor of state a written
investment policy approved by the
investing authority. The policy shall
require that all entities
conducting investment business with the
investing authority shall
sign the investment policy of that investing authority. All
brokers, dealers, and financial institutions, described in
division (J)(1) of
this section,
initiating transactions with the
investing authority by giving advice or
making investment
recommendations shall sign the investing authority's
investment
policy thereby acknowledging their agreement to abide by the
policy's contents. All brokers, dealers, and financial
institutions,
described in division (J)(1) of this section,
executing transactions initiated
by the investing authority,
having read the policy's contents, shall sign the
investment
policy thereby acknowledging their comprehension and receipt.
(2) If a written investment policy described in division
(K)(1)
of this section is not filed on behalf of the county with
the auditor of
state, the investing authority of that county shall
invest the county's
inactive moneys and moneys of the county
public library and local government support
fund only in time
certificates of deposits or savings or deposit accounts
pursuant
to division (A)(3) of this section, no-load money market
mutual
funds pursuant to division (A)(5) of this section,
or the Ohio
subdivision's fund pursuant to division (A)(6) of this section.
(L)(1) The investing authority shall establish and maintain
an
inventory of all obligations and securities acquired by the
investing
authority pursuant to this section. The inventory shall
include a description of each obligation or security, including
type, cost,
par value, maturity date, settlement date, and any
coupon rate.
(2) The investing authority shall also keep a complete record
of all
purchases and sales of the obligations and securities made
pursuant to this
section.
(3) The investing authority shall maintain a monthly
portfolio report and
issue a copy of the monthly portfolio
report
describing such investments to the county
investment advisory
committee, detailing the current inventory of all
obligations and
securities, all transactions during the month that affected
the
inventory, any income received from the obligations and
securities, and
any investment expenses paid, and stating the
names of any persons effecting
transactions on behalf of the
investing authority.
(4) The monthly portfolio report
shall
be a public record and
available for inspection
under section 149.43 of the Revised Code.
(5) The inventory and the monthly portfolio report shall be
filed with
the board of county commissioners.
(M) An investing authority may enter into a
written
investment or deposit agreement that includes a
provision under
which the parties agree to submit to
nonbinding arbitration to
settle any controversy that may arise
out of the agreement,
including any controversy pertaining to
losses of public moneys
resulting from investment or deposit.
The arbitration provision
shall
be set forth entirely in the agreement, and the agreement
shall
include a conspicuous notice to the
parties that any party
to the arbitration may apply to the court of common
pleas of the
county in which the arbitration was held for an order to vacate,
modify, or correct the award. Any such party may also apply to the
court for
an order to change venue to a court of common pleas
located more than one
hundred miles from the county in which the
investing authority is located.
For purposes of this division, "investment or deposit
agreement" means any
agreement between an investing authority and
a person, under which agreement
the person agrees to invest,
deposit, or otherwise manage, on behalf of the
investing
authority, a county's inactive moneys or moneys in a county public
library
and local government support fund, or agrees to provide
investment advice to
the investing authority.
(N) An investment held in the county portfolio on September
27, 1996, that
was a legal investment under the law as it existed
before September
27, 1996, may be held until maturity, or if
the
investment does not have a maturity date the investment may be
held until
five years from
September 27, 1996, regardless of
whether
the investment would qualify as a legal investment under
the terms of this
section as amended.
Sec. 135.352. The investment authority shall invest all
moneys in the county public
library and local government support
fund that are not distributed due to an
appeal of the budget
commission's allocation of such fund. Interest earned on
such
investments shall be credited to the fund and distributed in
accordance
with section 5747.48 of the Revised Code.
Sec. 149.411. There is hereby created in each county free
public library, municipal free public library, township free
public library, school district free public library as described
in section 3375.15 of the Revised Code, county library district,
and regional library district a library records commission
composed of the members and the clerk fiscal officer of the board
of library trustees of the appropriate public library or library
district. The commission shall meet at least once every twelve
months.
The functions of the commission shall be to review
applications for one-time disposal of obsolete records and
schedules of records retention and disposition submitted by any
employee of the library. The commission may dispose of records
pursuant to the procedure outlined in this section. The commission
at any time may review any schedule it has previously approved and
for good cause shown may revise that schedule.
When the appropriate library records commission has approved
any library application for one-time disposal of obsolete records
or any schedule of records retention and disposition, the
commission shall send that application or schedule to the Ohio
historical society for its review. The Ohio historical society
shall review the application or schedule within a period of not
more than sixty days after its receipt of it. Upon completion of
its review, the Ohio historical society shall forward the
application for one-time disposal of obsolete records or the
schedule of records retention and disposition to the auditor of
state for the auditor's approval or disapproval. The auditor shall
approve or disapprove the application or schedule within a period
of not more than sixty days after receipt of it. Before public
records are to be disposed of, the commission shall inform the
Ohio historical society of the disposal through the submission of
a certificate of records disposal and shall give the society the
opportunity for a period of fifteen business days to select for
its custody those public records that it considers to be of
continuing historical value. The Ohio historical society may not
review or select for its custody any records pursuant to section
149.432 of the Revised Code.
Sec. 321.08. The county treasurer shall enter on his the
treasurer's account each day the
money received for advance
payments of taxes and taxes charged on the general
and special
duplicates of the current year in the following manner:
(A) Collections of estate tax to be credited to the
"undivided estate tax
fund;"
(B) Collections of classified property taxes, including
interest and
penalties thereon, shall be credited to the county
public library and local
government support fund and distributed
in accordance with section 5747.48 of
the Revised Code;
(C) Collections of other taxes and assessments of whatever
kind to be
credited to the undivided general tax fund.
Sec. 3375.05. The board of trustees of any public library
receiving money from a county's public library and local
government
support fund that desires to render public library
service by
means of branches, library stations, or traveling
library service
to the inhabitants of any school district, other
than a school
district situated within the territorial boundaries
of the
subdivision or district over which said board has
jurisdiction of
free public library service, may make application
to the state
library board, upon forms provided by said board, for
the
establishment of such service. Said application shall set
forth
the total number of people being served by said library on
the
date of said application; an inventory of the books owned by
said
library; the number of branches, library stations, and
traveling
library service maintained by said library on the date
of said
application; the number and classification of the
employees of
said library and such other information as the state
library
board deems pertinent. Such application shall be
accompanied by
a financial statement of the library making the
application
covering the two fiscal years next preceding the date
of said
application. Upon receipt of said application by the state
library board, the state librarian, or an employee of the state
library board designated by such librarian, shall visit the
library making the application for the purpose of determining
whether or not the establishment of branches, library stations,
or
traveling library service as requested in said application
will
promote better library service in the district covered by
said
application. Upon the completion of such inspection, the
librarian, or the person designated by the librarian to make such
inspection, shall prepare a written report setting forth his the
librarian's or designee's
recommendations pertaining to the
establishment of the branches,
stations, or traveling library
service as set forth in the
application. Such report shall be
submitted to the state library
board within ninety days after the
receipt of such application by
the state library board. Within
thirty days after such report
has been filed with the state
library board, said board shall
either approve or disapprove, in
whole or in part, the
establishment of branches, library stations,
or traveling library
service as requested in said application. The
decision of the
state library board shall be final. Within ten
days after final
action has been taken by the state library board,
upon such
application, the librarian shall notify in writing the
board of
trustees of the public library making such application of
the
decision of the state library board.
The state library board may withdraw its approval of
library
service rendered by any library to the inhabitants of a
school
district other than the school district in which the main
library
of such library is located. At least thirty days before
the
approval of such service may be withdrawn, the state library
board
shall give written notice to the board of trustees of the
library
rendering the service and the board of education of the
school
district to which such service is being rendered. Such
notice
shall set forth the reasons for the withdrawal of the
approval of
such service. If the board of trustees of the
library rendering
such service, or the board of education of a
school district to
which such service is being rendered, objects
to the withdrawal of
such approval it may, within twenty days of
the receipt of such
notice, request, in writing, the state
library board to hold a
hearing for the purpose of hearing
protests to the withdrawal of
such approval. Upon the receipt of
such request, the state library
board shall set the time and
place of such hearing which shall be
held within the territorial
boundaries of the school district
being served by the branch,
station, or traveling library service
whose continued operation
is in question. Such hearing shall be
held not less than thirty
days after the receipt by the state
library board of the request
for such hearing. The state library
board shall take no action
on the withdrawal of approval of such
service until after the
holding of such hearing. The decision of
the state library board
shall be final.
Sec. 3375.121. (A) In any municipal corporation, not
located
in a county library district, which has a population of
not less
than twenty-five thousand, and within which there is not
located a
main library of a township, municipal, school district,
association, or county free public library, a library district
may
be created by a resolution adopted by the legislative
authority of
that municipal corporation. No such resolution
shall be adopted
after one year from June 20, 1977. Upon the
adoption of such a
resolution, any branches of an existing library
that are located
in that municipal corporation shall become the
property of the
municipal library district created.
The municipal corporation and the board of trustees of the
public library maintaining any existing branches in that
municipal
corporation shall forthwith take appropriate action
transferring
all title and interest in all real
and personal property located
in that municipal corporation in the name
of the library district
maintaining those branches in that
municipal corporation to the
municipal corporation adopting the
appropriate resolution. Upon
transfer of all title and interest
in that property, the branches
shall become a part of, and be operated by,
the board of library
trustees appointed by the mayor.
(B) In any municipal corporation that has a population of
less than twenty-five thousand and that has not less than one
hundred thousand dollars available from a bequest for the
establishment of a municipal library, the legislative authority
of
that municipal corporation may adopt, within one year after
June
20, 1977, a resolution creating a library district. Upon
the
establishment of any such library district, the board of trustees
of
any library operating a branch library in that municipal
corporation shall not be required to transfer any property to the
newly established library.
(C) The board of library trustees of any library district
created
under this section shall be composed of six members. Those
trustees shall be appointed by the mayor, to serve without
compensation, for a term of four years. In the first instance,
three of those trustees shall be appointed for a term of two
years, and three of them shall be appointed for a term of four
years. Vacancies shall be
filled by like appointment for the
unexpired term. A library
district created under this section
shall be governed in
accordance with and exercise the authority
provided for in
sections 3375.32 to 3375.41 of the Revised Code.
Notwithstanding any contrary provision of section 3.24 of the
Revised Code, the president of a board of township trustees may
administer the oath of office to a person or persons representing
the township on the board of library trustees of any library
district created under this section, even if the geographical
limits of the library district do not fall within the geographical
limits of the township.
(D) Any library district created under this section is
eligible to participate in the proceeds of the county public
library and
local government support fund in accordance with
section 5705.28
of the Revised Code.
(E) A municipal corporation may establish and operate a free
public library regardless of whether the municipal corporation is
located in a
county library district or school library district,
if all of the following
conditions are met:
(1) The facility in which the library is principally located
is
transferred to the municipal corporation from the county
library district or
school library district in which it is located
prior to January 1,
1996.
(2) The population of the municipal corporation is less than
five hundred
when the library is transferred from the county
library district or school
library district to the municipal
corporation.
(3) The municipal corporation does not establish a municipal
library
district under this section.
(4) The library does not receive any proceeds from the county
public library and local
government support fund under section
5747.48 of the Revised Code.
Sec. 3375.32. Each board of library trustees appointed
pursuant to sections
3375.06, 3375.10, 3375.12, 3375.15, 3375.22
and 3375.30, of the Revised Code
shall meet in January of each
year and organize by selecting from its
membership a president, a
vice-president, and a secretary who shall serve for
a term of one
year. At the same meeting each board shall elect and fix the
compensation of a clerk fiscal officer, who may be a member of the
board, and who shall serve
for a term of one year. The clerk
fiscal officer, before entering upon his
official duties, shall
execute a bond in an amount and with surety to be approved by the
board,
payable to the board, and conditioned for the faithful
performance of the
official duties required of him the fiscal
officer.
Sec. 3375.35. Each board of library trustees appointed
pursuant to sections
3375.06, 3375.10, 3375.12, 3375.15, 3375.22,
and 3375.30 of the Revised Code
shall, in the exercise of the
powers conferred upon it, be governed by this
section. For the
purpose of transacting any business a quorum is a majority
of the
full membership of the board. The purchase of any real property
requires a two-thirds vote of the full membership of the board
making such
purchase. All conveyances of real property shall be
executed by the president
and the secretary of the board making
such conveyance. No Except as provided in section 3375.351 of the
Revised Code, no moneys credited to
a free public library shall be
paid out except on a check signed by the clerk
fiscal officer of
the board having jurisdiction over said moneys and the president,
vice-president, or secretary of said board. Each board of library
trustees
shall, at the end of each fiscal year, transmit on forms
provided by the state
library board to the state librarian and
officer or board which appointed said
board of library trustees a
report of the activities of said board of library
trustees during
said year. Such report shall include a complete financial
statement showing the receipts and expenditures in detail of all
library funds
for the entire fiscal year made by such board of
library trustees. No member
of a board of library trustees shall
have any pecuniary interest in any
contract entered into by such
board.
Sec. 3375.351. The fiscal officer of each board of library
trustees appointed under section 3375.06, 3375.10, 3375.12,
3375.15, 3375.22, or 3375.30 of the Revised Code may pay the
compensation of each employee of the library under the board's
jurisdiction by direct deposit, as defined in section 131.01 of
the Revised Code. If direct deposit is chosen as the desired form
of compensation by the board of library trustees for its
employees, each employee shall provide to the fiscal
officer a
written authorization for payment by direct deposit. The
authorization shall include the designation of a financial
institution equipped to accept direct deposits and the number of
the account into which the deposit is to be made. The
authorization shall remain in effect until withdrawn in writing by
the employee or until dishonored by the financial institution.
Sec. 3375.36. The clerk fiscal officer of the board of
library trustees
of a free public library shall be the treasurer
of the library
funds. All moneys received by such clerk the fiscal
officer for library purposes
shall be immediately placed by him
the fiscal officer in a depository
designated by
the board. Such
clerk The fiscal officer shall keep an account of the funds
credited to the board. Such clerk The fiscal officer shall render
a statement to
the board monthly showing the revenues and receipts
from whatever
sources derived, the disbursements and the purposes
for such
disbursements, and the assets and liabilities of the
board. At
the end of each fiscal year the clerk fiscal officer
shall submit to the board a
complete financial statement showing
the receipts and
expenditures in detail for the entire fiscal
year. The board of
library trustees of a free public library may
appoint a deputy
clerk fiscal officer, for a term of one year, and
may authorize such deputy to
receive and disburse library funds.
Such deputy, before entering
upon his official duties, shall
execute a bond in an amount and
with
surety to be approved by the
board, payable to the board, and
conditioned for the faithful
performance of the official duties
required of him the deputy.
Sec. 3375.37. Before giving the clerk fiscal officer of a
board of library trustees of a
free public library a warrant for
funds due such board, the county auditor
shall require the clerk
fiscal officer to file with him the auditor a statement
showing
the amount of
funds on hand, available for expenditure by the
board, according to the books
of the clerk fiscal officer and the
books of the depository designated by the board. Such
statement
shall indicate that the clerk's fiscal officer's books are in
exact balance with the
depository accounts and shall be certified
to by the clerk fiscal officer and proper officer
of the
depository.
Sec. 3375.38. All the duties required of the county auditor,
county
treasurer, or other officer or person relating to the
moneys to the credit of
or to be credited to a board of library
trustees of a free public library
shall be complied with by
dealing with the clerk fiscal officer of such board.
Sec. 3375.39. At the expiration of the term of a clerk
fiscal officer of a board of library
trustees of a free public
library or before such board approves the surety of
any clerk
fiscal officer, such board shall require the clerk fiscal officer
to produce all money, bonds, or
other securities in his the fiscal
officer's hands, which shall then be
counted by the board or a
committee of the board, or by a representative of the auditor of
state. A
certificate setting forth the exact amount of such money,
bonds, or other
securities and signed by the representatives
making such count shall be
entered upon the records of the board
and shall be prima-facie evidence that
the amount stated in such
certificate is actually in the treasury at that
date.
Sec. 3375.40. Each 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
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 public 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
library under its
jurisdiction, and pay
their costs
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)
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. The board of
library
trustees of any
free public library maintaining branches,
stations, or 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
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) Assess uniform fees for the provision of services to
patrons of the library, but no fee shall be assessed for the
circulation of printed materials held by the library except for
the assessment of fines for materials not returned in accordance
with the board's rules;
(J) Establish and maintain a museum in connection with and
as
an adjunct to the free public library under its jurisdiction;
(K) By the adoption of a resolution, accept any bequest,
gift, or endowment upon the conditions connected with
the
bequest,
gift, or endowment. No such bequest, gift, or
endowment shall be
accepted by
the board if
its conditions
remove any portion of the
free public library under
the board's
jurisdiction from the
control of
the board or if
the
conditions, in any manner, limit
the free use of
the library or
any part
of it by the residents of
the counties in which
the
library is located.
(L) 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;
(M) Procure and pay all or part of the cost of group term
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
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 term life,
hospitalization, surgical, major medical, dental care, eye care,
hearing aids,
or prescription drug insurance
or coverage, also
covering the dependents and
spouses of
its employees, and, in the
case of disability
benefits, also covering
the spouses of
its
employees.
(N) 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. 3375.404. (A) As used in this chapter:
(1) "Anticipation notes" means notes issued in anticipation
of the library
fund library facilities
notes authorized by this
section.
(2) "Authorizing proceedings" means the
resolution,
legislation, trust agreement, certification and other
agreements,
instruments, and documents, as amended and supplemented,
authorizing, or providing for the security
or sale or award of,
notes, and includes the provisions set forth
or incorporated in
those notes and proceedings.
(3) "Board" or "board of library
trustees" means the board of
library trustees appointed
pursuant to sections 3375.06, 3375.10,
3375.12, 3375.15, 3375.22,
and 3375.30 of the Revised Code.
(4) "Library fund" means the public library and
local
government support fund provided for in Chapter
5747. of the
Revised Code or any successor to
that fund.
(5) "Note service charges" means principal,
including any
mandatory sinking fund or redemption requirements
for retirement
of notes, interest, and any redemption premium
payable on notes.
(6) "Notes" means the library fund library
facilities notes
authorized by this section, including
anticipation notes.
(7) "Public library" means any of the
libraries provided for
in sections 3375.06, 3375.10, 3375.12,
3375.15, 3375.22, and
3375.30 of the Revised
Code.
(8) "Refunding notes" means notes issued to
provide for the
refunding of the notes, or of obligations issued
prior to the
effective date of this section, collectively
referred to in this
section as refunded obligations.
(B) A board of library trustees of a public
library that
receives an allocation of the library fund pursuant
to section
5705.32 and Chapter 5747. of the
Revised Code may anticipate its
portion of the
proceeds of the library fund distribution and issue
library fund
library facilities notes of the public library in the
principal
amount necessary to pay the costs of financing the
facilities or
other property referred to in division (C) of
section
3375.40 of the Revised Code, or to refund any
refunded
obligations, provided that the board projects annual
note service
charges on the notes, or on the notes being
anticipated by
anticipation notes, to be capable of being paid
from the annual
library fund receipts of the public library. The
maximum aggregate
amount of notes that may be outstanding at any
time in accordance
with their terms upon issuance of the new
notes shall not exceed
an amount which requires or is estimated
to require payments from
library fund receipts of note service
charges on the notes, or, in
the case of anticipation notes,
projected note service charges on
the notes anticipated, in any
calendar year in an amount exceeding
thirty per cent of the
average of the library fund receipts of the
public library for
the two calendar years prior to the year in
which the notes are
issued. A board may at any time issue renewal
anticipation
notes, issue notes to pay renewal anticipation notes,
and, if it
considers refunding expedient, issue refunding notes
whether the
refunded obligations have or have not matured. The
refunding
notes shall be sold and the proceeds needed for such
purpose
applied in the manner provided in the authorizing
proceedings of
the board.
(C) Every issue of notes outstanding in
accordance with their
terms shall be payable out of the money
received by the public
library from the library fund or proceeds
of notes, renewal
anticipation notes, or refunding notes which
may be pledged for
such payment in the authorizing
proceedings. The pledge shall be
valid and binding from the time
the pledge is made, and the
library fund receipts and proceeds so
pledged and thereafter
received by the board shall immediately be
subject to the lien of
that pledge without any physical delivery
of the library fund
receipts or proceeds or further act. The
lien of any pledge is
valid and binding as against all parties
having claims of any kind
in tort, contract, or otherwise against
the board, whether or not
such parties have notice of the lien. Neither the
resolution nor
any trust agreement by which a pledge
is created or further
evidenced need be filed or recorded except
in the board's records.
(D) Notes issued under this section do not
constitute a debt,
or a pledge of the faith and credit, of the
state, the public
library, or any other political subdivision of
the state, and the
holders or owners of the notes have no right
to have taxes levied
by the general assembly or by the taxing
authority of any
political subdivision of the state, including
the board of the
public library, for the payment of note service
charges. Notes are
payable solely from the funds pledged for
their payment as
authorized by this section. All notes shall
contain on their face
a statement to the effect that the notes,
as to note service
charges, are not debts or obligations of the
state and are not
debts of any political subdivision of the
state, but are payable
solely from the funds pledged for their
payment. The utilization
and pledge of the library fund
receipts and proceeds of notes,
renewal anticipation notes, or
refunding notes for the payment of
note service charges is
determined by the general assembly to
create a special obligation
which is not a bonded indebtedness
subject to Section 11
of Article XII, Ohio
Constitution, or,
alternatively, to satisfy any
applicable requirement of that
Section 11.
(E) The notes shall bear such date or dates,
shall be
executed in the manner, and shall mature at such time or
times, in
the case of any anticipation notes not exceeding ten
years from
the date of issue of the original anticipation notes
and in the
case of any notes that are not anticipation notes or
of any
refunding notes, not exceeding twenty-five years from the
date of
the original issue of notes, or other obligations for the
purpose,
all as the authorizing proceedings may provide. The
notes shall
bear interest at such rates, or at variable rate or
rates changing
from time to time, in accordance with provisions
provided in the
authorizing proceedings, be in such denominations
and form, either
coupon or registered, carry such registration
privileges, be
payable in such medium of payment and at such
place or places, and
be subject to such terms of redemption, as
the board may authorize
or provide. The notes may be sold at
public or private sale, and
at, or at not less than, the price or
prices as the board
determines. If any officer whose signature
or a facsimile of whose
signature appears on any notes or coupons
ceases to be such
officer before delivery of the notes or
anticipation notes, the
signature or facsimile shall nevertheless
be sufficient for all
purposes as if that officer had remained in
office until delivery
of the notes. Whether or not the notes are
of such form and
character as to be negotiable instruments under
Title XIII of the
Revised Code, the notes shall have all the qualities and
incidents
of negotiable instruments, subject only to any provisions for
registration. Neither the members of the board nor any person
executing the
notes shall be liable personally on the notes or be
subject to any personal
liability or
accountability by reason of
their issuance.
(F) Notwithstanding any other provision of this
section,
sections 9.98 to 9.983, 133.02, 133.70, and 5709.76, and
division
(A) of section 133.03 of the Revised
Code apply to the notes.
Notes issued under this section
need not comply with any other law
applicable to notes or bonds
but the authorizing proceedings may
provide that divisions
(B) through (E) of section 133.25 of the
Revised Code apply to the notes or anticipation
notes.
(G) Any authorizing proceedings may contain
provisions,
subject to any agreements with holders as may then
exist, which
shall be a part of the contract with the
holders, as to the
pledging of any or all of the board's
anticipated library fund
receipts to secure the payment of the
notes; the use and
disposition of the library fund receipts of
the boards; the
crediting of the proceeds of the sale of notes to
and among the
funds referred to or provided for in the
authorizing proceedings;
limitations on the purpose to which the
proceeds of the notes may
be applied and the pledging of portions
of such proceeds to secure
the payment of the notes or of
anticipation notes; the agreement
of the board to do all things
necessary for the authorization,
issuance, and sale of those
notes anticipated in such amounts as
may be necessary for the
timely payment of note service charges on
any anticipation notes;
limitations on the issuance of additional
notes; the terms upon
which additional notes may be issued and
secured; the refunding
of refunded obligations; the procedure by
which the terms of any
contract with holders may be amended, and
the manner in which any
required consent to amend may be given;
securing any notes by a
trust agreement or other agreement which
may provide for notes or
refunding notes to be further secured by
a mortgage on the
property financed with the proceeds of the
notes, anticipation
notes, or refunded obligations refunded by
refunding notes; and
any other matters, of like or different
character, that in any
way affect the security or protection of
the notes or
anticipation notes.
Sec. 3375.41. When 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 determines to construct,
demolish,
alter, repair, or reconstruct a library or make any
improvements
or repairs, the cost of which will exceed
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 two weeks
for sealed bids in some newspaper of general circulation in the
district,
and, if there are two such
newspapers, the board shall
advertise in
both of them. If no newspaper has a general
circulation in the
district, the board shall
post the
advertisement
in three public places
in the district.
The
advertisement shall be
entered in full by the clerk fiscal officer
on the record of proceedings of the
board.
(B) The sealed bids shall be filed with the clerk fiscal
officer 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 fiscal officer, and
shall be entered
in full on the records of the board; provided
that the board,
by resolution, may provide for the public opening
and reading of
the
bids by the clerk fiscal officer, immediately
after the time for
their filing the
has expired, at the usual
place of meeting of the board, and
for the tabulation of
the bids
and a report of
the tabulation
to the board at its next meeting.
(D) Each sealed bid shall contain the name of every person
interested
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
their price of each, or may require that bids
be
submitted without that
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
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
these bidders.
(I) When there is reason to believe there is collusion or
combination among the bidders, the bids of those concerned in
the
collusion or combination shall be rejected.
Sec. 3375.42. The board of county commissioners of any
county, the board of education of any school district, the
legislative authority of any municipal corporation, or the board
of township trustees of any township may contract with the board
of library trustees of any public library, or with any private
corporation or library association maintaining a free public
library prior to September 4, 1947, situated within or without
the
taxing district, to furnish library service to all the
inhabitants
of said taxing district, notwithstanding the fact
that such
library is receiving proceeds from the county public library
and
local government support fund, and may levy a tax, or make an
appropriation from its general fund or from federal funds, to be
expended by such library in providing library service in said
taxing district for any of the purposes specified in section
3375.40 of the Revised Code. The taxing authority may require an
annual report in writing from such board of library trustees,
private corporation, or library association. When a tax for
library purposes has been so levied, at each semiannual
collection
of such tax the county auditor shall certify the
amount collected
to the proper officer of the taxing district who
shall forthwith
draw his a warrant for such amount on the
treasurer
of such
district payable to the proper officer of such library.
Sec. 3375.64. (A) There is hereby established the Ohio
public library information network, as an independent agency
within the state library of Ohio, for the purpose of ensuring
equity of access to electronic information for all residents of
this state, subject to the restrictions described in division (C)
of this section on access to materials or performances that may be
obscene or harmful to juveniles. The network shall be governed by
the board of trustees created under section 3375.65 of the Revised
Code.
(B)(1) Except as provided in division (B)(2) of this section,
any board of library trustees appointed under section 1713.28,
3375.06, 3375.10, 3375.12, 3375.15, 3375.22, 3375.30, or 3375.90
of the Revised Code may participate in the network by providing
notice in writing to the network board of trustees.
(2) A board of library trustees participating in the network
authorized under Section 323.10 of H.B. 119 of the 127th general
assembly is a participant in the network established by division
(A) of this section unless its participation is otherwise
terminated.
(C) A library board of trustees participating in the network
established under division (A) of this section shall comply with
any policies the network board of trustees may adopt. The network
board shall adopt a policy that requires each participant to
establish and enforce procedures designed to keep juveniles who
use the participant's services from having access to materials or
performances that may be obscene or harmful to juveniles and to
keep persons who are not juveniles and who use the participant's
services from having access to materials or performances that may
be obscene. If a participant does not establish and enforce such
procedures, the network board shall terminate the participant's
participation in the network. As used in this division,
"juveniles," "materials," "performances," "obscene," and "harmful
to juveniles" have the same meanings as in section 2907.01 of the
Revised Code.
Sec. 3375.65. (A) There is hereby created the Ohio public
library information network board of trustees, which shall be the
governing board of the Ohio public library information network.
The board shall consist of all of the following members:
(1) The state librarian, who shall serve as a nonvoting
member;
(2) The eleven members of the Ohio public library information
network board authorized under Section 323.10 of H.B. 119 of the
127th general assembly who are serving on such board on the
effective date of this section. These continuing members shall
serve staggered terms, with three terms expiring on June 30, 2008,
four terms expiring on June 30, 2009, and four terms expiring on
June 30, 2010. (At their first meeting after the effective date of
this section, the voting members of the board shall draw lots to
determine when their terms end.) Thereafter, terms of office for
all voting members shall be three years, with each term ending on
the same day of the same month as did the term that it succeeds.
The state library board shall fill a vacancy among the voting
members of the board by selecting an appointee from among the
staff of public libraries and past and present members of boards
of trustees of public libraries, based on the recommendations of
the library community of this state. A member of the board may be
reappointed, but no member shall serve more than two terms,
provided that service for a partial term of one year or less shall
not be counted toward the two-term limitation. A member appointed
to fill a vacancy occurring prior to the expiration of the
predecessor's term shall hold office for the remainder of that
term. A member may continue in office subsequent to the expiration
of the member's term until the member's successor takes office, or
until a period of sixty days has elapsed, whichever occurs first.
(B) Members of the board shall receive their actual and
necessary expenses incurred in the performance of their duties as
board members.
(C) The board shall meet at least quarterly and hold such
additional meetings as are necessary to carry out the board's
duties under sections 3375.64, 3375.66, and 3375.67 of the Revised
Code. Additional meetings may be called in accordance with bylaws
adopted by the board.
Sec. 3375.66. (A) To fulfill the network purpose under
section 3375.64 of the Revised Code, the board of trustees of the
Ohio public library information network shall do all of the
following:
(1) Employ and fix the compensation of an executive director
of the network and such other personnel as are necessary to carry
out this section and sections 3375.64 and 3375.67 of the Revised
Code. The board may designate positions in the unclassified civil
service for which it may employ persons.
(2) Develop plans of service and operation for the Ohio
public library information network in consultation with the state
library of Ohio;
(3) Have exclusive control of the expenditure of all money
held in the name of the network;
(4) Adopt bylaws for the governance of the network and for
calling and conducting the board's meetings;
(5) Appoint the state library of Ohio as the board's fiscal
agent. When so appointed, the state library shall serve as fiscal
agent and shall provide all of the following services:
(a) Prepare and process payroll and other personnel documents
that the board approves;
(b) Maintain ledgers of accounts and reports of account
balances, and monitor budgets and allotment plans in consultation
with the board;
(c) Provide purchasing services to facilitate the purchase of
property approved by the board;
(d) Deposit revenues received on behalf of the board into the
accounts maintained by the board;
(e) Perform other routine support services that the state
librarian or the state librarian's designee and the board or the
board's designee consider appropriate to achieve efficiency.
(B) The board of trustees may do any of the following:
(1) Enter into contracts or agreements for the purposes of
this section and section 3375.64 of the Revised Code;
(2) Receive grants, payments, bequests, and gifts on behalf
of the network;
(3) Expend, for the network purpose under section 3375.64 of
the Revised Code, and in the exercise of the powers enumerated in
this section, all money received as grants, payments, gifts,
bequests, or otherwise, and generally do all things the board
determines necessary for the establishment, maintenance, and
improvement of the network;
(4) Purchase, lease, or otherwise acquire vehicles and other
personal property for the maintenance and operation of the
network;
(5) Purchase, erect, lease, lease with an option to purchase,
appropriate, or otherwise improve, equip, and furnish buildings or
parts of buildings and other real property for use by the network;
(6) Hold title to and have custody of property, both real
and personal, of the network.
Sec. 3375.67. If the need for the Ohio public library
information network ceases to exist, the network board of
trustees, by a two-thirds vote of its members, may declare its
intention to dissolve the network and file with the state library
board a plan for effecting such dissolution.
Sec. 3375.85. An interstate library district lying partly
within this state may claim and be entitled to receive state aid,
other than aid from the public library and local government
support
fund, in support of any of its functions to the same
extent and
in the same manner as such functions are eligible for
suport
support when carried on by entities wholly within this
state.
For the purposes of computing and apportioning such state
aid to
an interstate library district, this state will consider
that
portion of the area which lies within this state as an
independent entity for the performance of the aided function or
functions and compute and apportion the aid accordingly. Any
library association that was organized and operated prior to
January 1, 1968, and which pursuant to the authority granted in
section 3375.83 of the Revised Code, has become part of an
interstate library district shall be considered a library
association under section 5705.28 of the Revised Code and
entitled
to participate in the county public library and local
government
support fund and other public funds. Subject to any
applicable
laws of this state, such a district also may apply for
and be
entitled to receive any federal aid for which it may be
eligible.
Sec. 3375.91. The board of trustees of each
regional library
system may:
(A) Develop plans of service and operation for the
regional
library system and submit these to the
state
library board, and to
each other granting authority
if and when required by such
authority;
(B) Receive grants, payments, bequests, and gifts and have
exclusive control of the expenditure of all moneys held in the
name of the regional library system;
(C) Expend for library purposes, and in the exercise of
the
powers enumerated in this section, all moneys whether
received as
grants, payments, gifts, bequests, or otherwise, and
generally do
all things it determines necessary for the
establishment,
maintenance, and improvement of the
regional
library system under
its jurisdiction;
(D) Make and publish such bylaws and rules as may be
necessary for its operation and for the government of the
regional
library system;
(E) Purchase or lease vehicles and other personal property
for the operation of the regional library system;
(F) Purchase, erect, lease, or lease with an option to
purchase, appropriate buildings or parts of buildings for use of
the regional library system;
(G) Hold title to and have the custody of all property,
both
real and personal, of the regional library
system;
(H) Appoint and fix the compensation of a director and
necessary assistants, who shall have the same employment status as
employees
of public libraries;
(I) Elect and fix compensation of a clerk fiscal officer and
a deputy
clerk fiscal officer who shall serve for a term of one
year;
(J) Enter into contracts with the governing body of any
participating library organized under sections 1713.28, 3375.06,
3375.10, 3375.12, 3375.121, 3375.15, 3375.22, and 3375.30 of the
Revised Code, the state library board, any granting authority,
the
board of county commissioners of any county, the board of
education of any school district, the legislative authority of
any
municipal corporation, boards of township trustees, colleges,
universities, or public or private agencies and corporations;
(K) Accept an application from any other library desiring
to
become a participating library in accordance with the
agreement
for the formation of the system, either as originally
submitted to
and approved by the state library board, or as
amended by and with
the agreement of all the participating
libraries and the approval
of the state library board.
Sec. 3375.92. The clerk fiscal officer of the board of
trustees of the
regional library system is the treasurer of the
organization's funds. Before entering upon their duties, the
clerk
fiscal officer and the deputy clerk fiscal officer shall execute a
bond in an amount and
with surety to be approved by the board, and
conditioned for the
faithful performance of the official duties
required of them.
All moneys received by the clerk fiscal officer shall be
immediately
placed by the clerk fiscal officer in a depository
designated by the board. The clerk fiscal officer
shall keep an
account of the funds credited to the board.
The clerk fiscal officer shall render a monthly statement to
the board
showing the revenues and receipts from whatever sources
derived,
the disbursements and the purposes for such
disbursements, and
the assets and liabilities of the board. At the
end of each
fiscal year the clerk fiscal officer shall submit to
the board, to the state
library board and, if requested, to any
granting authority, a
complete financial statement showing the
receipts and
expenditures in detail for the entire fiscal year.
Such
financial records shall be open to public inspection at all
reasonable times.
At the expiration of the term of the clerk fiscal officer or
before the
board of trustees approves the surety of any clerk
fiscal officer, the board
shall require the clerk fiscal officer
to produce all moneys, bonds, or other
securities in the clerk's
fiscal officer's hands, which shall then be counted
by the board
or a committee of the board, or by a representative of the
auditor
of state. A certificate setting forth the exact amount
of such
money, bonds, or other securities and signed by the
persons making
such count shall be entered upon the records of
the board and
shall be prima-facie evidence that the amount
stated in such
certificate is actually in the treasury at that
date.
Sec. 5705.28. (A) Except as provided in division (B)(1) or
(2) of
this section or in section 5705.281 of the Revised Code,
the taxing authority
of each subdivision or other taxing unit
shall adopt a tax budget for the next
succeeding fiscal year:
(1) On or before the fifteenth day of January in the case
of
a school district;
(2) On or before the fifteenth day of July in the case of
all
other subdivisions and taxing units.
(B)(1) Before the first day of June in each year, 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 shall
file with the board
of education of the school district a tax
budget for the ensuing
fiscal year. On or before the fifteenth day
of July in each
year, the board of education of a school district
to which a
school library district tax budget was submitted under
this
division shall adopt such tax budget on behalf of the library
district, but such budget shall not be part of the school
district's tax budget.
(2)(a) The taxing authority of a taxing unit that does not
levy a
tax is not required to adopt a tax
budget pursuant to
division (A) of this section. Instead, on or
before the fifteenth
day of July each year, such taxing authority
shall adopt an
operating budget for the taxing unit for the ensuing fiscal
year.
The operating
budget shall include an estimate of receipts from
all sources, a statement of
all taxing unit expenses that are
anticipated to occur,
and the amount required for debt charges
during the fiscal year. The
operating budget is not
required to be
filed with the county auditor or the county budget commission.
(b) Except for this section and sections 5705.36, 5705.38,
5705.40, 5705.41, 5705.43, 5705.44, and 5705.45 of the Revised
Code, a taxing unit that does not
levy a tax is not a taxing unit
for purposes of Chapter 5705. of
the Revised Code. Documents
prepared in accordance
with such
sections are not required to be
filed with the county auditor or county
budget commission.
(c) The total appropriations from each fund of a taxing unit
that
does not levy a tax shall not exceed the total estimated
revenue available for
expenditures
from the fund, and
appropriations shall be made from each fund
only for the purposes
for which the fund is established.
(C)(1) To assist in the preparation of the tax budget, the
head of each department, board, commission, and district
authority
entitled to participate in any appropriation or revenue
of a
subdivision shall file with the taxing authority, or in the
case
of a municipal corporation, with its chief executive
officer,
before the forty-fifth day prior to the date on which
the budget
must be adopted, an estimate of contemplated revenue
and
expenditures for the ensuing fiscal year, in such form as is
prescribed by the taxing authority of the subdivision or by the
auditor of state. The taxing authority shall include in its
budget
of expenditures the full amounts requested by district
authorities, not to exceed the amount authorized by law, if such
authorities may fix the amount of revenue they are to receive
from
the subdivision. In a municipal corporation in which a
special
levy for a municipal university has been authorized to be
levied
in excess of the ten-mill limitation, or is required by
the
charter of the municipal corporation, the taxing authority
shall
include an amount not less than the estimated yield of such
levy,
if such amount is requested by the board of directors of
the
municipal university.
(2) A county board of mental retardation and developmental
disabilities may include within its estimate of contemplated
revenue and expenditures a reserve balance account in the
community mental retardation and developmental disabilities
residential services fund. The account shall contain money that
is
not needed to pay for current expenses for residential
services
and supported living but will be needed to pay for
expenses for
such services in the future or may be needed for
unanticipated
emergency expenses. On the request of the county
board of mental
retardation and developmental disabilities, the
board of county
commissioners shall include such an account in
its budget of
expenditures and appropriate money to the account
from residential
service moneys for the county board.
(D) The board of trustees of any public library desiring
to
participate in the distribution of the county public library and
local
government support fund shall adopt appropriate rules
extending
the benefits of the library service of such library to
all the
inhabitants of the county on equal terms, unless such
library
service is by law available to all such inhabitants, and
shall
certify a copy of such rules to the taxing authority with
its
estimate of contemplated revenue and expenditures. Where
such
rules have been so certified or where the adoption of such
rules
is not required, the taxing authority shall include in its
budget
of receipts such amounts as are specified by such board as
contemplated revenue from the county public library and local
government
support fund, and in its budget of expenditures the
full amounts
requested therefrom by such board. No library
association,
incorporated or unincorporated, is entitled to
participate in the
proceeds of the county public library and local
government support fund
or other public funds unless such
association both was organized
and
operating prior to January 1,
1968, and participated in the
distribution of the proceeds of the
county public library fund prior to
December 31, 2005.
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 public 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
public 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 public
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.
Sec. 5705.31. The county auditor shall present to the
county
budget commission the annual tax budgets submitted
under
sections
5705.01 to 5705.47 of the Revised Code, together
with an
estimate
prepared by
the auditor of the amount of
any
state
levy, the rate
of any school tax levy as previously
determined,
the tax
commissioner's estimate of the amount to be
received in
the county
public
library and local government support fund, the tax rates
provided under section 5705.281 of the Revised Code if adoption of
the tax budget was waived under that section,
and such
other
information as the commission requests or the tax
commissioner
prescribes. The budget commission shall examine
such
budget and
ascertain the total amount proposed to be raised
in the
county for
the purposes of each subdivision and other
taxing units
in the
county.
The commission shall ascertain that the following levies
have
been properly authorized and, if so authorized, shall
approve them
without modification:
(A) All levies in excess of the ten-mill limitation;
(B) All levies for debt charges not provided for by levies
in
excess of the ten-mill limitation, including levies necessary
to
pay notes issued for emergency purposes;
(C) The levies prescribed by division (B) of sections
742.33
and 742.34 of the Revised Code;
(D)
Except as otherwise provided in this division, a
minimum
levy within the ten-mill limitation for the
current
expense and
debt service of each subdivision or taxing
unit, which
shall equal
two-thirds of the average levy for
current expenses
and debt
service allotted within the
fifteen-mill limitation to
such
subdivision or taxing unit during
the last five years the
fifteen-mill limitation was in effect
unless such subdivision or
taxing unit requests an amount
requiring a lower rate. Except as
provided in section 5705.312
of the Revised Code, if the levies
required in divisions (B) and
(C) of this section for the
subdivision or taxing unit equal or
exceed the entire minimum levy
of the subdivision as fixed, the
minimum levies of the other
subdivisions or taxing units shall be
reduced by the commission to
provide for the levies and an
operating levy for the subdivision.
Such additional levy shall
be deducted from the minimum levies of
each of the other
subdivisions or taxing units, but the operating
levy for a school
district shall not be reduced below a figure
equivalent to
forty-five per cent of the millage available within
the ten-mill
limitation after all the levies in divisions (B) and
(C) of this
section have been provided for.
If a municipal corporation and a township have entered into
an
annexation agreement under section 709.192 of the Revised
Code
in
which they agree to reallocate their shares of the minimum
levies established
under this division and if that annexation
agreement is submitted along with
the
annual tax budget of both
the township and the municipal
corporation, then, when determining
the minimum levy under this
division, the auditor shall allocate,
to the extent possible, the
minimum levy for that municipal
corporation and township in
accordance with their annexation
agreement.
(E) The levies prescribed by section 3709.29 of the
Revised
Code.
Divisions (A) to (E) of this section are mandatory, and
commissions shall be without discretion to reduce such minimum
levies except as provided in such divisions.
If any debt charge is omitted from the budget, the
commission
shall include it therein.
Sec. 5705.32. (A) The county budget commission shall adjust
the estimated
amounts required from the general property tax for
each fund, as shown by
the tax
budgets
or other information
required to be provided under section 5705.281 of the Revised
Code, so as to bring the tax levies required therefor within the
limitations specified in sections 5705.01 to 5705.47 of the
Revised Code, for
such levies, but no levy shall be reduced below
a minimum fixed by law. The
commission may revise and adjust the
estimate of balances and receipts from
all sources for each fund
and shall determine the total appropriations that
may be made
therefrom.
(B) The commission shall fix the amount of the county public
library and local
government support fund to be distributed to
each board of public library
trustees that has qualified under
section 5705.28 of the Revised Code for
participation in the
proceeds of such fund. The amount paid to all libraries
in the
county from such fund shall never be a smaller per cent of the
fund
than the average of the percentages of the county's
classified taxes that were
distributed to libraries in 1982, 1983,
and 1984, as determined by the county
auditor. The commission
shall base the amount for distribution on the needs
of such
library for the construction of new library buildings, parts of
buildings, improvements, operation, maintenance, or other
expenses. In
determining the needs of each library board of
trustees, and in calculating
the amount to be distributed to any
library board of trustees on the basis of
its needs, the
commission shall make no reduction in its allocation from the
fund
on account of additional revenues realized by a library from
increased
taxes or service charges voted by its electorate, from
revenues received
through federal or state grants, projects, or
programs, or from grants from
private sources.
(C) Notwithstanding the fact that alternative methods of
financing such needs
are available, after fixing the amount to be
distributed to libraries, the
commission shall fix the amount, if
any, of the county public library and local
government support
fund to be
distributed to each board of township park
commissioners, the
county, and each municipal corporation in
accordance with
the
following:
(1) Each municipal corporation in the county shall receive a
per cent of the
remainder that equals the per cent that the county
auditor determines the
classified property taxes originating in
such municipal corporation in 1984
were of the total of all of the
county's classified property taxes in 1984.
The commission may
deduct from this amount any amount that the budget
commission
allows to the board of township park commissioners of a township
park district, the boundaries of which are coextensive with or
contained
within the boundaries of the municipal corporation.
(2) The county shall receive a per cent of the remainder
that
equals the per
cent that the county auditor determines the
classified property taxes
originating outside of the boundaries of
municipal corporations in the county
in 1984 were of the total of
all of the county's classified property taxes in
1984. The
commission may deduct from this amount any amount that the budget
commission allows to the board of township park commissioners of a
township
park district, the boundaries of which are not
coextensive with or contained
within those of any municipal
corporation in the county.
(D) The commission shall separately set forth the amounts
fixed and
determined under divisions (B) and (C) of this section
in the "official
certificate of estimated resources," as provided
in section 5705.35 of the
Revised Code, and separately certify
such amount to the county auditor who
shall be guided thereby in
the distribution of the county public library and local
government
support fund for and during the fiscal year. In determining such
amounts, the commission shall be guided by the estimate certified
by the tax
commissioner and presented by the auditor under section
5705.31 of the Revised
Code, as to the total amount of revenue to
be received in the county public library
and local government
support
fund during such fiscal year.
(E)(1) At least five days before the date of any meeting at
which the budget
commission plans to discuss the distribution of
the county public library and local
government support fund, it
shall
notify each legislative authority and board
of public
library
trustees, county commissioners, and township park
commissioners
eligible to participate in the distribution of the
fund of the
date, time, place, and agenda for the meeting. Any
legislative
authority or
board entitled to notice under this
division may
designate an officer or
employee of such legislative
authority or
board to whom the commission shall
deliver the
notice.
(2) Before the final determination of the amount to be
allotted to each
subdivision from any source, the commission shall
permit representatives of
each subdivision and of each board of
public library trustees to appear before
it to explain its
financial needs.
(F) If any public library receives and expends any funds
allocated to it
under this section for the construction of new
library buildings or parts of
buildings, such library shall be
free and open to the inhabitants of the
county in which it is
located. Any board of library trustees that receives
funds under
this section and section 5747.48 of the Revised Code shall have
its financial records open for public inspection at all reasonable
times.
Sec. 5705.321. (A)
As used in this section:
(1) "City,
located wholly or partially in the county, with
the greatest population" means
the city, located wholly or
partially in the
county, with the greatest population residing in
the county; however, if the
county budget commission on or before
January 1, 1998, adopted an
alternative method of apportionment
that was approved by the
city, located partially in the county,
with the greatest
population but not the greatest population
residing in the county, "city,
located wholly or partially in the
county, with the greatest population" means
the city, located
wholly or partially in
the
county, with the greatest population
whether residing in the county or not, if
this alternative meaning
is adopted by action of the board of county
commissioners and a
majority of the boards of township trustees and
legislative
authorities of municipal corporations located wholly or partially
in the
county.
(2) "Participating political subdivision" means a municipal
corporation or
township that satisfies all of the following:
(a)
It is located wholly or partially in the county.
(b)
It is not the city, located wholly or partially in the
county, with the greatest population.
(c)
Library and local government support Public library fund
moneys
are
apportioned to it under the county's alternative method
or formula
of
apportionment in the current calendar year.
(B)
In lieu of the method of apportionment
of the county
public
library and local government support fund provided by
division
(C)
of section 5705.32 of the Revised Code, the county
budget
commission
may provide for the apportionment of
the fund
under an
alternative method or on a formula basis as authorized by
this
section.
Except as otherwise provided in division (C) of this section,
the alternative method of apportionment shall have
first been
approved by all of the following governmental units:
the board of
county commissioners; the legislative authority of
the city,
located wholly or partially in the county, with the
greatest
population; and a majority of the boards of township
trustees and
legislative authorities of municipal corporations,
located wholly
or partially in the county, excluding the
legislative authority of
the city,
located wholly or partially in
the county, with the
greatest population.
In granting or denying
approval
for an
alternative method of
apportionment, the board of county
commissioners, boards of township trustees, and legislative
authorities of municipal corporations shall act by motion. A
motion to approve shall be passed upon a majority vote of the
members of a board of county commissioners, board of township
trustees, or legislative authority of a municipal corporation,
shall take effect immediately, and need not be published.
Any alternative
method of apportionment adopted and approved
under this
division
may be revised, amended, or repealed
in the
same manner as it may
be adopted and approved. If
an
alternative
method of
apportionment
adopted and approved under
this
division
is repealed,
the
county public library and local
government
support fund
shall be
apportioned among the
subdivisions eligible
to
participate
in the fund,
commencing in the ensuing calendar
year,
under the
apportionment
provided in divisions (B) and (C) of
section
5705.32 of the
Revised Code, unless
the repeal occurs by
operation of
division
(C) of this section or a new method for
apportionment of
the
fund is provided
in the action of repeal.
(C)
This division applies only in counties in which the
city,
located wholly or partially in the county, with the greatest
population has a
population of twenty thousand or less and a
population that is less
than fifteen per cent of
the total
population of the county. In
such a county, the
legislative
authorities or boards of township
trustees of two or
more
participating political subdivisions, which together have a
population residing in the county that is a majority of the total
population of the county, each may adopt a resolution to exclude
the approval otherwise required of the legislative authority of
the city, located wholly or partially in the county, with the
greatest population. All of the resolutions to exclude that
approval shall be adopted not later than the first
Monday of
August of the year preceding the calendar year in which
distributions
are to be made under
an alternative method of
apportionment.
A motion granting or denying approval of an
alternative
method of apportionment under this division shall be adopted by a
majority vote of the members of the board of county commissioners
and by a majority vote of a majority of the boards of township
trustees and legislative authorities of the municipal corporations
located wholly or partially in the county, other than the city,
located wholly or partially in the county, with the greatest
population, shall take effect immediately, and need not be
published. The alternative method of apportionment under this
division shall
be adopted and approved annually, not later than
the first
Monday
of August of the year preceding the calendar year
in which
distributions are to be made under it. A motion granting
approval of an
alternative method of apportionment under this
division repeals any
existing alternative method of apportionment,
effective with distributions to
be made from the fund in the
ensuing calendar year. An
alternative method of
apportionment
under this division shall not be revised or
amended after the
first Monday of August of the year
preceding the calendar year in
which distributions are to be made under
it.
(D)
In determining
an alternative method of
apportionment
authorized by this section, the county budget
commission may
include in
the method any factor considered to
be
appropriate
and
reliable, in the sole discretion of the county
budget
commission.
(E) On the basis of any alternative
method of
apportionment
adopted
and approved as authorized by this section,
as certified
by the
auditor to the county treasurer, the county
treasurer shall
make
distribution of the money in the county public
library and
local
government support
fund to each subdivision
eligible to
participate in
the
fund, and the
auditor, when
the amount of
those
shares is in the custody
of the
treasurer
in the amounts so
computed to be due the respective
subdivisions,
shall at the same
time certify to the tax
commissioner the
percentage share of the
county as a subdivision. All money
received into the treasury of
a
subdivision from the
county public
library and local government
support
fund in a county treasury
shall be
paid into the general
fund and
used for the current
operating
expenses of the
subdivision.
(F) The actions of the
county budget commission
taken
pursuant to
this section are final and may not be appealed to the
board of
tax appeals, except on the issues of abuse of discretion
and
failure to comply with the formula.
Sec. 5705.37. The taxing authority of any subdivision, or
the board of trustees of any public library, nonprofit
corporation, or library association maintaining a free public
library that has adopted and certified rules under section 5705.28
of the Revised Code, that
is dissatisfied with any action of the
county budget commission
may, through its fiscal officer, appeal
to the board of tax
appeals within thirty days after the receipt
by the subdivision
of the official certificate or notice of the
commission's action.
In like manner, but through its clerk, the
board of trustees of
any public library, nonprofit corporation, or
library association
maintaining a free public library that has
adopted and certified
rules under section 5705.28 of the Revised
Code, or any park
district may appeal to the board of tax appeals.
An appeal under
this section shall be taken by the filing of a
notice of appeal,
either in person or by certified mail, express
mail, or authorized delivery
service as provided in section
5703.056 of the Revised Code, with the board
and with
the
commission. If notice of appeal is filed by certified mail,
express mail, or authorized delivery service, date of the United
States postmark placed on the sender's
receipt by the postal
service or the date of receipt recorded by the
authorized
delivery
service shall be treated as the date of filing. Upon receipt
of
the notice of appeal, the commission, by certified mail, shall
notify all persons who were parties to the proceeding before the
commission of the filing of the notice of appeal and shall file
proof of notice with the board of tax appeals. The secretary of
the commission shall forthwith certify to the board a transcript
of the full and accurate record of all proceedings before the
commission, together with all evidence presented in the
proceedings or considered by the commission, pertaining to the
action from which the appeal is taken. The secretary of the
commission also shall certify to the board any additional
information that the board may request.
The board of tax appeals, in a de novo proceeding, shall
forthwith consider the matter presented to the commission, and
may
modify any action of the commission with reference to the
budget,
the estimate of revenues and balances, the allocation of
the
public
library and local government support fund, or the fixing of
tax
rates. The finding of the board of tax appeals shall be
substituted for the findings of the commission, and shall be
certified to the tax commissioner, the county auditor, and the
taxing authority of the subdivision affected, or to the board of
public library trustees affected, as the action of the commission
under sections 5705.01 to 5705.47 of the Revised Code.
This section does not give the board of tax appeals any
authority to place any tax levy authorized by law within the
ten-mill limitation outside of that limitation, or to reduce any
levy below any minimum fixed by law.
Sec. 5715.36. (A) Any expense incurred by the tax
commissioner as to the annual assessment of real property in any
taxing district shall be paid out of the treasury of the county
in
which such district is located upon presentation of the order
of
the commissioner certifying the amount thereof to the county
auditor, who shall thereupon issue his a warrant therefor upon
the
general fund of the county and direct the warrant to the county
treasurer, who shall pay the same. All money paid out of the
county treasury under authority of this division and section
5703.30 of the Revised Code shall be charged against the proper
district, and amounts paid by the county shall be retained by the
auditor from funds due such district at the time of making the
semiannual distribution of taxes.
(B) Any expense incurred by the board of tax appeals as to
the hearing of any appeal from a county budget commission with
respect to the allocation of the local government fund or the
county public library and local government support fund shall be
paid
out of the treasury of the county involved upon presentation
of
the order of the board certifying the amount thereof to the
county auditor, who shall thereupon issue his a warrant therefor
upon the general fund of the county and direct the warrant to the
county treasurer, who shall pay the same. At the time the local
government fund or the county public library and local government
support fund is distributed, all money which had been paid out of
the county treasury for such expenses shall be deducted by the
county auditor from the fund involved in the appeal. The amount
so
deducted by the county auditor shall be forthwith returned to
the
general fund of the county.
(C) An amount equal to the sum of the expenses incurred by
the board of tax appeals as to any of the following shall be paid
out of the general fund of the county in which such property is
located upon presentation of the order of the board certifying
the
amount thereof to the county auditor, who shall thereupon
issue
his a warrant therefor upon the general fund of the county
and
direct the warrant to the county treasurer, who shall pay the
same:
(1) The hearing of any appeal from a county board of
revision
under section 5717.01 of the Revised Code;
(2) An appeal from any finding, computation,
determination,
or order of the tax commissioner made with respect
to the
assessment or exemption of real property under division
(B) of
section 5715.61 and section 5717.02 of the Revised Code.
At the
time of each settlement of taxes under divisions (A) and
(C) of
section 321.24 of the Revised Code, there shall be
deducted from
the taxes included in such settlement and paid into
the county
general fund in the same manner as the fees allowed
the county
treasurer on amounts included in such settlement, the
amounts paid
out under this division since the preceding
settlement. Each
deduction shall be apportioned among the taxing
districts within
which the property that was the subject of the
appeal is located
in proportion to their relative shares of their
respective taxes
included in the settlement.
Sec. 5719.041. If the payment of a general personal
property
or classified property tax is not made on or before the
last day
prescribed by section 5719.03 or 5719.031 of the Revised
Code, an
interest charge shall begin to accrue and shall continue
until all
charges are paid, except that no interest charge shall
accrue for
or in the month in which such payment was due under
such section
or under the circumstances and for the period
described in
division (A)(2) of section 5711.33 of the Revised
Code or upon
delinquent taxes that are the subject of a delinquent tax
contract
entered into pursuant to section 5719.05 of the Revised
Code.
The interest charge shall accrue against the balance of
such
taxes and any penalty thereon outstanding that remains
unpaid on
the last day of each month and shall be at the rate per
calendar
month, rounded to the nearest one-hundredth of one per
cent, equal
to one-twelfth of the federal short-term rate determined by the
tax commissioner under
section 5703.47 of the Revised Code for the
calendar year that
includes the month for which the charge
accrues. The charge is
payable in addition to the unpaid balance
of taxes and penalties
on the day the charge accrues, unless the
entire balance is
sooner paid.
If a delinquent tax contract becomes void, interest shall be
charged on the
day on which the contract becomes void in the
amount that would have been
charged had the delinquent tax
contract not been entered into and shall
thereafter accrue as
provided in this section.
Interest shall be allowed, at the same rate per calendar
month as is applicable that month for underpayments, on any
overpayment of the tax charged on a general personal property or
a
classified property tax duplicate, from the first day of the
month
following the date of the overpayment until the last day of
the
month preceding the date of the refund of the overpayment.
The
interest shall be paid from the fund or funds to which the
overpayment was credited.
When the county treasurer makes the treasurer's annual
settlement with
the county auditor under division (D) of section
321.24 of the
Revised Code, the treasurer shall certify to the
auditor a
list of all
entries on the cumulative delinquent tax
duplicate that are at
that time in the process of being paid in
installments under a
valid delinquent tax contract. For each entry
that
appears on the duplicate
that is not on the certified list,
the auditor shall compute the
full amount of interest charges
which have accrued against such
entry since the preceding such
settlement was made and shall
include such charges through the
last day of the month preceding
the current settlement. The
auditor shall include such amounts
on the tax list and duplicates
prepared by the auditor as
prescribed in
section 5719.04 of the
Revised Code unless the interest is less
than one dollar, in which
case it shall not be added to such tax
lists and duplicates.
Before the county treasurer accepts any payment of taxes
against which there are accrued interest charges that do not
appear on the delinquent tax duplicate, the treasurer shall
notify
the
auditor who shall issue a certificate to the treasurer showing
the amount of such interest charges, and the treasurer shall
collect the amount shown on such certificate at the time of
accepting
payment of such taxes. If the amount of
such
interest
charges is less than one dollar, no such certificate
shall be
issued. In the case of delinquent personal property
taxes, the
interest shown on such certificate shall be credited
to the
undivided general tax fund, and distributed in the same
manner as
the delinquent taxes upon which the interest charges
accrued. In
the case of delinquent classified property taxes,
the interest
shown on such certificate shall be credited to the
county public
library and local government support fund and distributed
in
accordance with section 5747.48 of the Revised Code. When the
payment of delinquent taxes is credited on the tax duplicate the
treasurer shall make a separate notation thereon indicating the
amount collected and the index number of the auditor's
certificate
herein prescribed.
Sec. 5747.03. (A) All money collected under this chapter
arising from the taxes imposed by section 5747.02 or
5747.41 of
the Revised
Code shall be credited to the general revenue fund,
except
that
the treasurer of state shall, at the beginning of each
calendar quarter, credit to
the
Ohio political party fund,
pursuant to section 3517.16 of the
Revised Code, an amount equal
to the total dollar value realized
from the taxpayer exercise of
the income tax checkoff option on
tax forms processed during the
preceding calendar quarter.
(B)(1) Following the crediting of moneys pursuant to
division
(A) of this section, the remainder deposited in the
general
revenue fund shall be distributed pursuant to division
(F) of
section 321.24 and section 323.156 of the Revised Code; to
make
subsidy payments to institutions of higher education from
appropriations to the Ohio board of regents; to support
expenditures for programs and services for the mentally ill,
mentally retarded, developmentally disabled, and elderly; for
primary and secondary education; for medical assistance; and for
any other purposes authorized by law, subject to the limitation
that at least fifty per cent of the income tax collected by the
state from the tax imposed by section 5747.02 of the Revised Code
shall be returned pursuant to Section 9 of Article XII, Ohio
Constitution.
(2) To ensure that such constitutional requirement is
satisfied the tax commissioner shall, on or before the thirtieth
day of June of each year, from the best information available to
the tax commissioner, determine and certify for each county
to the
director of
budget and management the amount of taxes collected
under this
chapter from the tax imposed under section 5747.02 of
the Revised Code during the
preceding calendar year that are
required to
be returned to the county by Section 9 of Article XII,
Ohio
Constitution. The director shall provide for payment from the
general revenue fund to the county in the amount, if any, that
the
sum of the amount so certified for that county exceeds the
sum of
the following:
(a) The sum of the payments from the general revenue fund
for
the preceding calendar year credited to the county's
undivided
income tax fund pursuant to division (F) of section
321.24 and
section 323.156 of the Revised Code or made directly
from the
general revenue fund to political subdivisions located in
the
county;
(b) The sum of the amounts from the general revenue fund
distributed in the county during the preceding calendar year for
subsidy payments to institutions of higher education from
appropriations to the Ohio board of regents; for programs and
services for mentally ill, mentally retarded, developmentally
disabled, and elderly persons; for primary and secondary
education; and for medical assistance.
(c) In the case of payments made by the director under
this
division in 2007, the total amount distributed to the county
during the
preceding calendar year from the local government fund
and the local government revenue assistance fund, and, in the case
of payments made by the director under this division in subsequent
calendar years, the amount distributed to the county from the
local government fund;
(d) In the case of payments made by the director under
this
division, the total amount distributed to the county during
the
preceding calendar year from the public library and local
government
support fund.
Payments under this division shall be credited to the
county's undivided income tax fund, except that, notwithstanding
section 5705.14 of the Revised Code, such payments may be
transferred by the board of county commissioners to the county
general fund by resolution adopted with the affirmative vote of
two-thirds of the members thereof.
(C) All payments received in each month from taxes imposed
under Chapter 5748. of the Revised Code and any penalties or
interest thereon shall be paid into the school district income
tax
fund, which is hereby created in the state treasury, except
that
an amount equal to the following portion of such
payments
shall be
paid into the general school district income tax
administrative
fund, which is hereby created in the state
treasury:
(1) One and three-quarters of one per cent of those
received
in fiscal year 1996;
(2) One and one-half per cent of those received in fiscal
year 1997 and thereafter.
Money in the school district income tax administrative fund
shall be used by the tax commissioner to defray costs incurred in
administering the school district's income tax, including the
cost
of providing employers with information regarding the rate
of tax
imposed by any school district. Any moneys remaining in
the fund
after such use shall be deposited in the school district
income
tax fund.
All interest earned on moneys in the school district income
tax fund shall be credited to the fund.
(D)(1)(a) Within thirty days of the end of each calendar
quarter ending on the last day of March, June, September, and
December, the director of budget and management shall make a
payment from the school district income tax fund to each school
district for which school district income tax revenue was
received
during that quarter. The amount of the payment shall
equal the
balance in the school district's account at the end of
that
quarter.
(b) After a school district ceases to levy an income tax, the
director of budget and management shall adjust the payments under
division
(D)(1)(a) of this section to retain sufficient money in
the school district's account to pay refunds. For the calendar
quarters ending
on the last day of March and December of the
calendar year
following the last calendar year the tax is levied,
the director shall make the
payments in the amount required under
division (D)(1)(a)
of this section. For the calendar quarter
ending on the last day of
June of the calendar year following the
last calendar year the tax is
levied, the director shall make a
payment equal to nine-tenths of the balance
in the account at the
end of that quarter. For the calendar quarter ending on
the last
day of September of the calendar year following the last
calendar
year the tax is levied, the director shall make no payment. For
the
second and succeeding calendar years following the last
calendar year the tax
is levied, the director shall make one
payment each year, within thirty days
of
the last day of June, in
an amount equal to the balance in the
district's account on the
last day of June.
(2) Moneys paid to a school district under this division
shall be deposited in its school district income tax fund. All
interest earned on moneys in the school district income tax fund
shall be apportioned by the tax commissioner pro rata among the
school districts in the proportions and at the times the
districts
are entitled to receive payments under this division.
Sec. 5747.46. As used in sections 5747.46 and 5747.47 of
the
Revised Code:
(A) "Year's fund balance" means the amount credited to the
public
library and local government support fund during a calendar
year.
(B) "Distribution year" means the calendar year during
which
a year's fund balance is distributed under section 5747.47
of the
Revised Code.
(C) "CPI" means the consumer price index for all urban
consumers (United States city average, all items), prepared by
the
United States department of labor, bureau of labor
statistics.
(D) "Inflation factor" means the quotient obtained by
dividing the CPI for May of the year preceding the distribution
year by the CPI for May of the second preceding year. If the the
quotient so obtained is less than one, the inflation factor shall
equal one.
(E) "Population" means whichever of the following has most
recently been issued, as of the first day of June preceding the
distribution year:
(1) The most recent decennial census figures that include
population figures for each county in the state;
(2) The most current issue of "Current Population Reports:
Local Population Estimates" issued by the United States bureau of
the census that contains population estimates for each county in
the state and the state.
(F) "County's equalization ratio for a distribution year"
means a percentage computed for that county as follows:
(1) Square the per cent that the county's population is of
the state's population;
(2) Divide the product so obtained by the per cent that
the
county's total entitlement for the preceding year is of all
counties' total entitlements for the preceding year;
(3) Divide the quotient so obtained by the sum of the
quotients so obtained for all counties.
(G) "Total entitlement" means, with respect to a
distribution
year, the sum of a county's guaranteed share plus
its share of the
excess.
(1) "Guaranteed share" means, for a distribution year, the
product obtained by multiplying a county's total entitlement for
the preceding distribution year by the inflaction factor. If the
sum of the guaranteed shares for all counties exceeds the year's
fund balance, the guaranteed shares of all counties shall be
reduced by a percentage that will result in the sum of such
guaranteed shares being equal to the year's fund balance.
(2) "Share of excess" means, for a distribution year, the
product obtained by multiplying a county's equalization ratio by
the difference between the year's fund balance and the sum of the
guaranteed shares for all counties. If the sum of the guaranteed
shares for all counties exceeds the year's fund balance the share
of the excess for all counties is zero.
(H) "Net distribution" means the sum of the payments made
to
a county's public library and local government support fund during
a
distribution year, adjusted as follows:
(1) If the county received an overpayment during the
preceding distribution year, add the amount of the overpayment;
(2) If the county received an underpayment during the
preceding distribution year, deduct the amount of the
underpayment.
(I) "Overpayment" or "underpayment" for a distribution
year
means the amount by which the net distribution to a county's
public
library and local government support fund during that
distribution year exceeded or was less than the county's total
entitlement for that year.
All computations made under this section shall be rounded
to
the nearest one-hundredth of one per cent.
Sec. 5747.47. (A)(1) By the twentieth day of July of each
year, the tax commissioner shall estimate and certify the
following for each county to its county auditor:
(a) Its guaranteed share of the ensuing year's fund balance;
(b) Its share of the excess of the ensuing year's fund
balance;
(c) Its total entitlement.
(2) In December and in June following such estimations and
certifications, the commissioner shall revise such estimates and
certify such revised estimates to the respective county auditors.
(B) By the tenth day of each month the commissioner shall
distribute the amount credited to the public library and local
government
support fund in the current month under section 131.51
of the
Revised Code. The distributions shall be made as follows:
(1) During the first six months of each year, each county
shall be paid a percentage of the balance that is the same per
cent that the revised estimate of the county's total entitlement
certified in December under division (A)(2) of this section is of
the sum of such revised estimates of the total entitlements for
all counties.
(2) During the last six months, each county shall be paid a
percentage of the balance that is the same per cent that the
revised estimate of the county's total entitlement certified in
June under division (A)(2) of this section is of the sum of such
revised estimates of the total entitlements for all counties.
(3) During each of the first six months of each year, the
payments made to each county shall be adjusted as follows:
(a) If the county received an overpayment during the
preceding distribution year, reduce the sum of the payments by the
amount of such overpayment. The reduction shall be apportioned
over the six months.
(b) If the county received an underpayment during the
preceding distribution year, increase the sum of the payments by
the amount of such underpayment. The increase shall be apportioned
over the six months.
(C) By the twentieth day of December of each year, the tax
commissioner shall determine and certify to the auditor of each
county each of the following with respect to the current
distribution year:
(1) The year's fund balance;
(2) Each county's guaranteed share;
(3) Each county's share of the excess;
(4) Each county's total entitlement;
(5) Each county's net distribution;
(6) The amount by which each county's net distribution
exceeded or was less than its total entitlement, which amount
shall constitute the county's overpayment or underpayment for
purposes of division (B)(3) of this section in the ensuing
distribution year.
Sec. 5747.48. On the fifteenth day of each month, the
county
treasurer shall distribute the balance in the county public
library and local government support fund among the county,
boards
of public library trustees, municipal corporations, and
boards of
township park commissioners for which the county budget
commission
has fixed an allocation from the fund in that year in
accordance
with section 5705.32 of the Revised Code in the same
proportions
that each such entity's allocation as fixed by the
commission is
of the total of all such allocations in that year.
All money received into the treasury of a municipal
corporation or county shall be credited to the general fund
therein, provided that in a municipal corporation there shall be
credited to the funds established under division (D) of section
5705.09 of the Revised Code a portion of the total amount to be
credited to funds of the municipal corporation, which portion
shall be determined by multiplying the total amount to be
credited
by the percentage that the funds credited under division
(D) of
said section in 1938 bore to all the funds credited under
said
section in 1938. If a municipal corporation is in default
with
respect to the principal or interest of any outstanding
notes or
bonds, the moneys distributed under this section shall
be credited
to the funds established under divisions (A), (B),
(C), and (D) of
section 5705.09 of the Revised Code, in the same
proportion in
which the funds derived from the levy for the
previous year on the
general tax list and duplicate are divided.
Sec. 5747.51. (A) On or before the
twenty-fifth day
of July
of each year, the tax
commissioner shall make and certify
to the
county auditor of each
county an estimate of the amount of
the
local government fund to
be allocated to the undivided local
government fund of each county
for the ensuing calendar year and
the estimated amount to be
received by the undivided local
government fund of each county
from the taxes levied pursuant to
section 5707.03 of the Revised
Code for the ensuing calendar
year.
(B) At each annual regular session of the county budget
commission convened pursuant to section 5705.27 of the Revised
Code, each auditor shall present to the commission the
certificate
of the commissioner, the annual tax budget and
estimates, and the
records showing the action of the commission
in its last preceding
regular session. The estimates shown on
the certificate of the
commissioner of the amount to be allocated
from the local
government fund and the amount to be received from
taxes levied
pursuant to section 5707.03 of the Revised Code
shall be combined
into one total comprising the estimate of the
undivided local
government fund of the county. The commission,
after extending to
the representatives of each subdivision an
opportunity to be
heard, under oath administered by any member of
the commission,
and considering all the facts and information
presented to it by
the auditor, shall determine the amount of the
undivided local
government fund needed by and to be apportioned
to each
subdivision for current operating expenses, as shown in
the tax
budget of the subdivision. This determination shall be
made
pursuant to divisions (C) to (I) of this section, unless the
commission has provided for a formula pursuant to section 5747.53
of the Revised Code.
Nothing in this section prevents the budget
commission, for
the purpose of apportioning the undivided local
government fund,
from inquiring into the claimed needs of any
subdivision as stated
in its tax budget, or from adjusting
claimed needs to reflect
actual needs. For the purposes of this
section,
"current
operating
expenses" means the lawful
expenditures of a
subdivision, except
those for permanent
improvements and except
payments for interest,
sinking fund, and
retirement of bonds,
notes, and certificates of
indebtedness of
the subdivision.
(C) The commission shall determine the combined total of
the
estimated expenditures, including transfers, from the general
fund
and any special funds other than special funds established
for
road and bridge; street construction, maintenance, and
repair;
state highway improvement; and gas, water, sewer, and
electric
public utilities operated by a subdivision, as shown in
the
subdivision's tax budget for the ensuing calendar year.
(D) From the combined total of expenditures calculated
pursuant to division (C) of this section, the commission shall
deduct the following expenditures, if included in these funds in
the tax budget:
(1) Expenditures for permanent improvements as defined in
division (E) of section 5705.01 of the Revised Code;
(2) In the case of counties and townships, transfers to
the
road and bridge fund, and in the case of municipalities,
transfers
to the street construction, maintenance, and repair
fund and the
state highway improvement fund;
(3) Expenditures for the payment of debt charges;
(4) Expenditures for the payment of judgments.
(E) In addition to the deductions made pursuant to
division
(D) of this section, revenues accruing to the general
fund and any
special fund considered under division (C) of this
section from
the following sources shall be deducted from the
combined total of
expenditures calculated pursuant to division
(C) of this section:
(1) Taxes levied within the ten-mill limitation, as
defined
in section 5705.02 of the Revised Code;
(2) The budget commission allocation of estimated county
public
library and local government support fund revenues to be
distributed pursuant to section 5747.48 of the Revised Code;
(3) Estimated unencumbered balances as shown on the tax
budget as of the thirty-first day of December of the current year
in the general fund, but not any estimated balance in any special
fund considered in division (C) of this section;
(4) Revenue, including transfers, shown in the general
fund
and any special funds other than special funds established
for
road and bridge; street construction, maintenance, and
repair;
state highway improvement; and gas, water, sewer, and
electric
public utilities, from all other sources except those
that a
subdivision receives from an additional tax or service
charge
voted by its electorate or receives from special
assessment or
revenue bond collection. For the purposes of this
division, where
the charter of a municipal corporation prohibits
the levy of an
income tax, an income tax levied by the
legislative authority of
such municipal corporation pursuant to
an amendment of the charter
of that municipal corporation to
authorize such a levy represents
an additional tax voted by the
electorate of that municipal
corporation. For the purposes of
this division, any measure
adopted by a board of county
commissioners pursuant to section
322.02, 324.02, 4504.02, or
5739.021 of the Revised Code,
including those measures upheld by
the electorate in a referendum
conducted pursuant to section
322.021, 324.021, 4504.021, or
5739.022 of the Revised Code,
shall not be considered an
additional tax voted by the
electorate.
Subject to division (G) of section 5705.29 of the
Revised
Code, money in a reserve balance account
established by a county,
township, or municipal corporation
under section 5705.13 of the
Revised Code shall not
be considered an unencumbered balance or
revenue under division
(E)(3) or (4) of this section. Money in a
reserve balance account established by a township under section
5705.132 of the Revised Code shall not be considered an
unencumbered balance or revenue under division (E)(3) or (4) of
this section.
If a county, township, or municipal corporation has created
and
maintains a nonexpendable trust fund under
section 5705.131 of
the Revised Code,
the principal of the fund, and any additions to
the principal
arising from sources other than the reinvestment of
investment
earnings arising from such a fund, shall not be
considered an
unencumbered balance or revenue under division
(E)(3) or (4) of this section. Only investment earnings arising
from
investment of the
principal or investment of such additions
to principal may be
considered an unencumbered balance or revenue
under those divisions.
(F) The total expenditures calculated pursuant to division
(C) of this section, less the deductions authorized in divisions
(D) and (E) of this section, shall be known as the
"relative
need"
of the subdivision, for the purposes of this section.
(G) The budget commission shall total the relative need of
all participating subdivisions in the county, and shall compute a
relative need factor by dividing the total estimate of the
undivided local government fund by the total relative need of all
participating subdivisions.
(H) The relative need of each subdivision shall be
multiplied
by the relative need factor to determine the
proportionate share
of the subdivision in the undivided local
government fund of the
county; provided, that the maximum
proportionate share of a county
shall not exceed the following
maximum percentages of the total
estimate of the undivided local
government fund governed by the
relationship of the percentage of
the population of the county
that resides within municipal
corporations within the county to
the total population of the
county as reported in the reports on
population in Ohio by the
department of development as of the
twentieth day of July of the
year in which the tax budget is filed
with the budget commission:
Percentage of |
Percentage share |
municipal population |
of the county |
within the county: |
shall not exceed: |
Less than forty-one per cent |
Sixty per cent |
Forty-one per cent or more but less |
|
than eighty-one per cent |
Fifty per cent |
Eighty-one per cent or more |
Thirty per cent |
Where the proportionate share of the county exceeds the
limitations established in this division, the budget commission
shall adjust the proportionate shares determined pursuant to this
division so that the proportionate share of the county does not
exceed these limitations, and it shall increase the proportionate
shares of all other subdivisions on a pro rata basis. In
counties
having a population of less than one hundred thousand,
not less
than ten per cent shall be distributed to the townships
therein.
(I) The proportionate share of each subdivision in the
undivided local government fund determined pursuant to division
(H) of this section for any calendar year shall not be less than
the product of the average of the percentages of the undivided
local government fund of the county as apportioned to that
subdivision for the calendar years 1968, 1969, and 1970,
multiplied by the total amount of the undivided local government
fund of the county apportioned pursuant to former section 5735.23
of the Revised Code for the calendar year 1970. For the purposes
of this division, the total apportioned amount for the calendar
year 1970 shall be the amount actually allocated to the county in
1970 from the state collected intangible tax as levied by section
5707.03 of the Revised Code and distributed pursuant to section
5725.24 of the Revised Code, plus the amount received by the
county in the calendar year 1970 pursuant to division (B)(1) of
former section 5739.21 of the Revised Code, and distributed
pursuant to former section 5739.22 of the Revised Code. If the
total amount of the undivided local government fund for any
calendar year is less than the amount of the undivided local
government fund apportioned pursuant to former section 5739.23 of
the Revised Code for the calendar year 1970, the minimum amount
guaranteed to each subdivision for that calendar year pursuant to
this division shall be reduced on a basis proportionate to the
amount by which the amount of the undivided local government fund
for that calendar year is less than the amount of the undivided
local government fund apportioned for the calendar year 1970.
(J) On the basis of such apportionment, the county auditor
shall compute the percentage share of each such subdivision in
the
undivided local government fund and shall at the same time
certify
to the tax commissioner the percentage share of the
county as a
subdivision. No payment shall be made from the
undivided local
government fund, except in accordance with such
percentage shares.
Within ten days after the budget commission has made its
apportionment, whether conducted pursuant to section 5747.51 or
5747.53 of the Revised Code, the auditor shall publish a list of
the subdivisions and the amount each is to receive from the
undivided local government fund and the percentage share of each
subdivision, in a newspaper or newspapers of countywide
circulation, and send a copy of such allocation to the tax
commissioner.
The county auditor shall also send by certified mail,
return
receipt requested, a copy of such allocation to the fiscal
officer
of each subdivision entitled to participate in the
allocation of
the undivided local government fund of the county.
This copy shall
constitute the official notice of the commission
action referred
to in section 5705.37 of the Revised Code.
All money received into the treasury of a subdivision from
the undivided local government fund in a county treasury shall be
paid into the general fund and used for the current operating
expenses of the subdivision.
If a municipal corporation maintains a municipal
university,
such municipal university, when the board of trustees
so requests
the legislative authority of the municipal
corporation, shall
participate in the money apportioned to such
municipal corporation
from the total local government fund,
however created and
constituted, in such amount as requested by
the board of trustees,
provided such sum does not exceed nine per
cent of the total
amount paid to the municipal corporation.
If any public official fails to maintain the records
required
by sections 5747.50 to 5747.55 of the Revised Code or
by the rules
issued by the tax commissioner, the auditor of
state, or the
treasurer of state pursuant to such sections, or
fails to comply
with any law relating to the enforcement of such
sections, the
local government fund money allocated to the county
may be
withheld until such time as the public official has
complied with
such sections or such law or the rules issued
pursuant thereto.
Sec. 5747.52. The form used by the county budget
commission
to calculate subdivision shares of the undivided local
government
fund as apportioned pursuant to section 5747.51 of the
Revised
Code shall be as follows:
Calculation of (name of subdivision) share of
undivided local government fund for
(name of county) county
Authorized expenditure for subdivision |
|
Total |
1. Estimated expenditures from general fund |
|
..... |
2. Estimated expenditures from special funds other than those
established for road and bridge, street construction, maintenance, and state
highway improvement, and for gas, water, sewer, and electric public utilities |
|
..... |
3. Total |
|
..... |
Deductions from authorized expenditures |
|
|
4. Expenditures for permanent improvements |
|
..... |
5. Transfers to road and bridge fund (counties and townships only) |
|
..... |
6. Transfers to street construction, maintenance, and repair, and
state
highway improvements funds |
|
..... |
7. Expenditures for the payment of debt charges |
|
..... |
8. Expenditures for the payment of judgments |
|
..... |
9. Taxes levied inside the "ten-mill limitation" |
|
..... |
10. Budget commission allocation of estimated county public library and local
government support fund revenues |
|
..... |
11. Estimated unemcumbered balances as of December 31 of current year
in the general funds as stated in the tax budget |
|
..... |
12. Revenue, including transfers, shown in the general fund or any
special funds other than special funds established for road and bridge, street
construction, maintenance, and repair, and state highway improvement, and for
gas, water, sewer, and electric public utilities, from all other sources
except those from additional taxes or service charges voted by electorate as
defined in division (E)(4) of section 5747.51 of the Revised Code, and except
revenue from special assessment and revenue bond collections |
|
..... |
13. Total |
|
..... |
Calculation of subdivision share |
|
|
14. Relative need of subdivision (line 3 less line 13) |
|
..... |
15. Relative need factor for county (total estimate of undivided local
government fund divided by total relative need of all participating
subdivisions) |
|
..... |
16. Proportionate share of subdivision (relative need of subdivision
multiplied by relative need factor) |
|
..... |
17. After any adjustments necessary to comply with statutory maximum
share allowable to county |
|
..... |
18. After any adjustments necessary to comply with statutory minimum
share allowable to townships |
|
..... |
19. After any adjustments necessary to comply with minimum guarantee in
division (I) of section 5747.51 of the Revised Code |
|
..... |
20. Proportionate share of subdivision (line 16, 17, 18, or 19,
whichever is appropriate) |
|
..... |
Section 2. That existing sections 127.14, 131.18, 131.44,
131.51, 133.10, 135.35, 135.352, 149.411, 321.08, 3375.05,
3375.121, 3375.32, 3375.35,
3375.36, 3375.37, 3375.38, 3375.39,
3375.40, 3375.404, 3375.41, 3375.42, 3375.85,
3375.91, 3375.92,
5705.28, 5705.281, 5705.31, 5705.32, 5705.321, 5705.37, 5715.36,
5719.041, 5747.03, 5747.46, 5747.47, 5747.48, 5747.51, and
5747.52 of the Revised Code are hereby
repealed.
Section 3. On and after the effective
date of this act,
references to the Library and Local Government
Support Fund,
wherever they are encountered, shall be read as if
they were
references to the Public Library Fund.
On and after the effective date of this act, references to a
County Library and Local Government Support Fund, wherever they
are encountered, shall be read as if they were references to a
County Public Library Fund.
Section 4. That Section 323.10 of H.B. 119 of the 127th
General Assembly be amended to read as follows:
Sec. 323.10. LIB STATE LIBRARY BOARD
GRF |
350-321 |
|
Operating Expenses |
|
$ |
6,298,677 |
|
$ |
6,298,677 |
GRF |
350-400 |
|
Ohio Public Library Information Network |
|
$ |
4,330,000 |
|
$ |
4,330,000 |
GRF |
350-401 |
|
Ohioana Rental
Payments |
|
$ |
124,816 |
|
$ |
124,816 |
GRF |
350-501 |
|
Library for the Blind-Cincinnati |
|
$ |
535,615 |
|
$ |
535,615 |
GRF |
350-502 |
|
Regional Library Systems |
|
$ |
1,010,441 |
|
$ |
1,010,441 |
GRF |
350-503 |
|
Library for the Blind-Cleveland |
|
$ |
805,642 |
|
$ |
805,642 |
TOTAL GRF General Revenue Fund |
|
$ |
13,105,191 |
|
$ |
13,105,191 |
General Services Fund Group
139 |
350-602 |
|
Intra-Agency Service Charges |
|
$ |
9,000 |
|
$ |
9,000 |
4S4 |
350-604 |
|
Ohio Public Library Information Network Technology |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
459 |
350-602 |
|
Library Service Charges |
|
$ |
2,708,092 |
|
$ |
2,708,092 |
TOTAL GSF General Services |
|
|
|
|
|
|
Fund Group |
|
$ |
5,717,092 |
|
$ |
5,717,092 |
Federal Special Revenue Fund Group
313 |
350-601 |
|
LSTA Federal |
|
$ |
5,691,792 |
|
$ |
5,691,792 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
5,691,792 |
|
$ |
5,691,792 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
24,514,075 |
|
$ |
24,514,075 |
The foregoing appropriation item 350-401, Ohioana Rental
Payments, shall be used to pay the rental expenses of the
Martha
Kinney Cooper Ohioana
Library Association pursuant to section
3375.61 of the Revised Code.
LIBRARY FOR THE BLIND-CINCINNATI
The foregoing appropriation item 350-501, Library for the
Blind-Cincinnati, shall be used for the Talking Book program,
which assists the blind and disabled.
The foregoing appropriation item 350-502, Regional Library
Systems,
shall be used to support regional library systems
eligible for funding under sections 3375.83 and 3375.90 of the
Revised Code.
LIBRARY FOR THE BLIND-CLEVELAND
The foregoing appropriation item 350-503, Library for the
Blind-Cleveland, shall be used for the Talking Book program, which
assists the blind and disabled.
OHIO PUBLIC LIBRARY INFORMATION NETWORK
(A) The foregoing appropriation items 350-604, Ohio Public
Library Information Network Technology, and 350-400, Ohio Public
Library Information Network,
shall be
used for an information
telecommunications network
linking public
libraries in the state
and such
others as may be
certified as
participants by participate
in the Ohio
Public Library
Information
Network Board (OPLIN).
The Ohio Public Library Information
Network Board
shall
consist of eleven members appointed by
the State Library Board
from among the staff of public libraries and past and
present
members of boards of
trustees of public libraries, based on the
recommendations
of the Ohio library community. The Ohio Public
Library
Information Network Board, in consultation with the State
Library,
shall develop a plan of operations for the network. The
board of Trustees created under section 3375.65 of the Revised
Code may make decisions regarding use
of the foregoing
appropriation
items 350-400, Ohio Public Library Information
Network, and 350-604, Ohio Public Library Information Network
Technology,
may receive
and expend grants to carry out
the
operations of the
network in
accordance with state law and the
authority to
appoint
and fix the
compensation of a director and
necessary staff. The
State
Library
shall be the fiscal agent for
the network and shall
have
fiscal
accountability for the
expenditure of funds. The Ohio
Public
Library
Information Network
Board members shall be
reimbursed for
actual travel and
necessary
expenses incurred in carrying out
their responsibilities.
In order to limit access to obscene and illegal materials
through
internet use at Ohio Public Library Information Network
(OPLIN)
terminals,
local libraries with OPLIN computer terminals
shall adopt policies
that
control access to obscene and illegal
materials. These policies may include
use of
technological
systems
to select or block
certain internet access. The OPLIN
shall
condition provision of its funds, goods, and services on
compliance
with these policies. The OPLIN Board shall also adopt
and
communicate specific recommendations to local libraries on
methods to control
such improper usage. These methods may include
each library implementing a
written policy
controlling such
improper use of library terminals and requirements for
parental
involvement or written authorization for juvenile internet usage.
(B) Of the foregoing appropriation item 350-400, Ohio Public
Library Information Network, up to $100,000 in each fiscal year
shall be used to help local libraries purchase or maintain filters
to screen out obscene and illegal internet materials.
The OPLIN Board shall research and assist or advise local
libraries
with regard to emerging technologies and methods that
may be
effective means to control
access to
obscene and illegal
materials. The
OPLIN Executive Director shall biannually provide
written
reports to the
Governor, the Speaker and Minority Leader
of the House of
Representatives, and the President and Minority
Leader of the
Senate on any
steps being taken by
OPLIN and public
libraries in
the state to limit and control such
improper
usage
as
well as
information on technological, legal, and law
enforcement
trends
nationally and internationally affecting this
area of
public
access and
service.
(C) The Ohio Public Library Information Network, INFOhio, and
OhioLINK shall, to
the extent feasible, coordinate and cooperate
in their purchase or other
acquisition of the use of electronic
databases for their respective users and
shall contribute funds in
an equitable manner to such effort.
Section 5. That existing Section 323.10 of H.B. 119 of the
127th General Assembly is hereby repealed.
Section 6. Section 3375.41 of the Revised Code is presented
in
this act as a composite of the section as amended by both Am.
Sub. H.B. 95 and Am. Sub. S.B. 55 of
the 125th General Assembly.
Section 5705.31 of the
Revised Code is presented in
this act as a
composite of the
section as amended by both H.B. 129 and S.B. 5
of
the 124th
General Assembly.
The General Assembly, applying
the
principle stated in division
(B) of section 1.52 of the
Revised
Code that amendments are to be
harmonized if reasonably
capable of
simultaneous operation, finds
that the composite of
each such section is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
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