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(128th General Assembly)
(Substitute House Bill Number 393)
AN ACT
To amend sections 311.06, 313.07, 317.321, 505.87,
and 1711.15 and to enact sections 5.033 and 5.034
of the Revised Code, to amend Section 701.05 of
Am. Sub. H.B. 1 of the 128th General Assembly, and
to amend Section 701.20 of Am. Sub. H.B. 562 of
the 127th General Assembly, as subsequently
amended, to revise the notice required to be
provided by a board of township trustees to a
landowner and any lienholder for a subsequent
nuisance determination made within 12 months after
a nuisance determination was made regarding the
same property, to authorize maintenance of a
sheriff's or coroner's office outside the county
seat of justice, to increase the maximum portion
of recording fees that may be earmarked for county
recorders' equipment funds, to authorize a board
of county commissioners that provides financial
assistance to a county agricultural society to
provide such assistance from the county's
permanent improvement fund, to authorize a
single-county solid waste management district to
make a loan to a port authority in the same county
for use by the authority to assist facilities that
provide general health services in that county, to
adopt the spotted salamander as the state
amphibian and the bullfrog as the state frog, to
change the report deadline of the Ohio Legislative
Commission on the Education and Preservation of
State History from July 1, 2010, to September 1,
2010, and to declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 311.06, 313.07, 317.321, 505.87, and
1711.15 be amended and sections 5.033 and 5.034 of the Revised
Code be enacted to read as follows:
Sec. 5.033. The salamander, Ambystoma maculatum, commonly
known as the spotted salamander, is the official amphibian of the
state.
Sec. 5.034. The frog, Rana catesbeiana, commonly known as the
bullfrog, is the official frog of the state.
Sec. 311.06. (A) The sheriff's office shall be maintained at
the county seat of justice, or at another location as provided in
division (B) of this section, in such rooms as the board of county
commissioners provides for that purpose. Such office shall be
furnished with all necessary furniture, blankbooks, stationery,
and blanks at the expense of the county.
(B) With the consent of the sheriff, the board of county
commissioners may provide by resolution for establishment of the
primary office of the sheriff at a location outside the county
seat of justice. The adoption of the resolution and the location
of the sheriff's primary office shall be entered on the journal of
the board. The board shall give reasonable public notice of its
action taken pursuant to this division in accordance with division
(F) of section 121.22 of the Revised Code.
Sec. 313.07. (A) There may be established in the county seat
of justice, or at another location as provided in division (B) of
this section, suitable quarters, laboratories, and equipment
necessary for the proper performance of the duties of the coroner.
Such quarters shall be known as the coroner's office, laboratory,
and county morgue.
(B) With the consent of the coroner, the board of county
commissioners may provide by resolution for establishment of the
primary quarters, laboratory, and equipment of the coroner at a
location outside the county seat of justice. The adoption of the
resolution and the location of the coroner's primary quarters,
laboratory, and equipment shall be entered on the journal of the
board. The board shall give reasonable public notice of its action
taken pursuant to this division in accordance with division (F) of
section 121.22 of the Revised Code.
Sec. 317.321. (A) Not later than the first day of October of
any year, the county recorder may submit to the board of county
commissioners a proposal for the acquisition or maintenance of
micrographic or other equipment or for contract services. The
proposal shall be in writing and shall include at least the
following:
(1) A request that an amount not to exceed four seven dollars
of the fee collected for filing or recording a document for which
a fee is charged as required by division (A) of section 317.32 of
the Revised Code or by section 1309.525 or 5310.15 of the Revised
Code be placed in the county treasury and designated as "general
fund moneys to supplement the equipment needs of the county
recorder";
(2) The number of years, not to exceed five, for which the
county recorder requests that the amount requested under division
(A)(1) of this section be given the designation specified in that
division;
(3) An estimate of the total amount of fees that will be
generated for filing or recording a document for which a fee is
charged as required by division (A) of section 317.32 of the
Revised Code or by section 1309.525 or 5310.15 of the Revised
Code;
(4) An estimate of the total amount of fees for filing or
recording a document for which a fee is charged as required by
division (A) of section 317.32 of the Revised Code or by section
1309.525 or 5310.15 of the Revised Code that will be designated as
"general fund moneys to supplement the equipment needs of the
county recorder" if the request submitted under division (A)(1) of
this section is approved by the board of county commissioners.
The proposal may include a description or summary of the
micrographic or other equipment, or maintenance thereof, that the
county recorder proposes to acquire, or the nature of contract
services that the county recorder proposes to utilize. If the
county recorder has no immediate plans for the acquisition of
equipment or services, the proposal shall explain the general
needs of the office for equipment and shall state that the intent
of the proposal is to reserve funds for the office's future
equipment needs.
(B) The board of county commissioners shall receive the
proposal and the clerk shall enter it on the journal. At the same
time, the board shall establish a date, not sooner than fifteen
nor later than thirty days after the board's receipt of the
proposal, on which to meet with the recorder to review the
proposal.
(C) Not later than the fifteenth day of December of any year
in which a proposal is submitted under division (A) of this
section, the board of county commissioners shall approve, reject,
or modify the proposal and notify the county recorder of its
action on the proposal. If the board rejects or modifies the
proposal, it shall make a written finding that the request is for
a purpose other than for acquiring, leasing, or otherwise
obtaining micrographic or other equipment or contracts for use by
the county recorder or that the amount requested is excessive as
determined by the board. If the board approves the proposal, it
shall request the establishment of a special fund under section
5705.12 of the Revised Code for any fees designated as "general
fund moneys to supplement the equipment needs of the county
recorder."
(D) The acquisition or maintenance of micrographic or other
equipment and the acquisition of contract services shall be
specifically governed by sections 307.80 to 307.806, 307.84 to
307.846, 307.86 to 307.92, and 5705.38, and by division (D) of
section 5705.41 of the Revised Code.
Sec. 505.87. (A) A board of township trustees may provide for
the abatement, control, or removal of vegetation, garbage, refuse,
and other debris from land in the township, if the board
determines that the owner's maintenance of that vegetation,
garbage, refuse, or other debris constitutes a nuisance.
(B) At least seven days before providing for the abatement,
control, or removal of any vegetation, garbage, refuse, or other
debris, the board of township trustees shall notify the owner of
the land and any holders of liens of record upon the land that:
(1) The owner is ordered to abate, control, or remove the
vegetation, garbage, refuse, or other debris, the owner's
maintenance of which has been determined by the board to be a
nuisance;
(2) If that vegetation, garbage, refuse, or other debris is
not abated, controlled, or removed, or if provision for its
abatement, control, or removal is not made, within seven days, the
board shall provide for the abatement, control, or removal, and
any expenses incurred by the board in performing that task shall
be entered upon the tax duplicate and become a lien upon the land
from the date of entry.
The board shall send the notice to the owner of the land by
certified mail if the owner is a resident of the township or is a
nonresident whose address is known, and by certified mail to
lienholders of record; alternatively, if the owner is a resident
of the township or is a nonresident whose address is known, the
board may give notice to the owner by causing any of its agents or
employees to post the notice on the principal structure on the
land and to photograph that posted notice with a camera capable of
recording the date of the photograph on it. If the owner's address
is unknown and cannot reasonably be obtained, it is sufficient to
publish the notice once in a newspaper of general circulation in
the township.
The
(C) If a board of township trustees determines within twelve
consecutive months after a prior nuisance determination that the
same owner's maintenance of vegetation, garbage, refuse, or other
debris on the same land in the township constitutes a nuisance, at
least four days before providing for the abatement, control, or
removal of any vegetation, garbage, refuse, or other debris, the
board shall give notice of the subsequent nuisance determination
to the owner of the land and to any holders of liens of record
upon the land as follows:
(1) The board shall send written notice by first class mail
to the owner of the land and to any lienholders of record. Failure
of delivery of the notice shall not invalidate any action to
abate, control, or remove the nuisance. Alternatively, the board
may give notice to the owner by causing any of its agents or
employees to post the notice on the principal structure on the
land and to photograph that posted notice with a camera capable of
recording the date of the photograph on it.
(2) If the owner's address is unknown and cannot reasonably
be obtained, it is sufficient to post the notice on the board of
township trustee's internet web site for four consecutive days, or
to post the notice in a conspicuous location in the board's office
for four consecutive days if the board does not maintain an
internet web site.
(D) The owner of the land or holders of liens of record upon
the land may enter into an agreement with the board of township
trustees providing for either party to the agreement to perform
the abatement, control, or removal before the time the board is
required to provide for the abatement, control, or removal under
division (C)(E) of this section.
(C)(E) If, within seven days after notice is given under
division (B) of this section, or within four days after notice is
given under division (C) of this section, the owner of the land
fails to abate, control, or remove the vegetation, garbage,
refuse, or other debris, or no agreement for its abatement,
control, or removal is entered into under division
(B)(D) of this
section, the board of township trustees shall provide for the
abatement, control, or removal and may employ the necessary labor,
materials, and equipment to perform the task. All expenses
incurred, when approved by the board, shall be paid out of the
township general fund from moneys not otherwise appropriated,
except that if the expenses incurred exceed five hundred dollars,
the board may borrow moneys from a financial institution to pay
for the expenses in whole or in part.
(D)(F) The board of township trustees shall make a written
report to the county auditor of the board's action under this
section. The board shall include in the report a proper
description of the premises and a statement of all expenses
incurred in providing for the abatement, control, or removal of
any vegetation, garbage, refuse, or other debris as provided in
division (C)(E) of this section, including the board's charges for
its services, the costs incurred in providing notice, any fees or
interest paid to borrow moneys, and the amount paid for labor,
materials, and equipment. The expenses incurred, when allowed,
shall be entered upon the tax duplicate, are a lien upon the land
from the date of the entry, shall be collected as other taxes, and
shall be returned to the township and placed in the township
general fund.
Sec. 1711.15. In any county in which there is a duly
organized county agricultural society, the board of county
commissioners or the county agricultural society itself may
purchase or lease, for a term of not less than twenty years, real
estate on which to hold fairs under the management and control of
the county agricultural society, and may erect suitable buildings
on the real estate and otherwise improve it.
In counties in which there is a county agricultural society
that has purchased, or leased, for a term of not less than twenty
years, real estate as a site on which to hold fairs or in which
the title to the site is vested in fee in the county, the board of
county commissioners may erect or repair buildings or otherwise
improve the site and pay the rental of it, or contribute to or pay
any other form of indebtedness of the society, if the director of
agriculture has certified to the board that the county
agricultural society is complying with all laws and rules
governing the operation of county agricultural societies. The
board may appropriate from the county's general fund or permanent
improvement fund any amount that it considers necessary for any of
those purposes.
SECTION 2. That existing sections 311.06, 313.07, 317.321,
505.87, and 1711.15 of the Revised Code are hereby repealed.
SECTION 3. Notwithstanding division (G) of section 8 3734.57
of the Revised Code, beginning on the effective date of 9 this
section and ending ninety days after the effective date of 10 this
section, the board of county commissioners of a solid waste 11
management district established under Chapter 3734. of the 12
Revised Code that consists of a single county may enter into an 13
agreement with a port authority, as defined in section 4582.01 14
of the Revised Code, that is in existence on the effective date 15
of this section to loan money to the port authority if both of 16
the following apply:
(A) The balance of the district's fund that is required to 18
be created under division (G) of section 3734.57 of the Revised 19
Code is greater than one million dollars on the date on which 20
the loan is made.
(B) The port authority to which the loan will be made is 22
located in the same county as the solid waste management 23
district.
The amount of a loan that is made under this section shall 25
not exceed seventy-five per cent of the balance of the 26
district's fund as the balance exists on the date on which the 27
loan is made. The port authority shall repay the loan not later 28
than one hundred eighty days after the date on which the loan is
29 made. The port authority shall use money from the loan to 30
assist facilities that provide general health services and that 31
are located in the same county as the port authority.
SECTION 4. That Section 701.05 of Am. Sub. H.B. 1 of the
128th General Assembly be amended to read as follows:
Sec. 701.05. (A) There is hereby created the Ohio Legislative
Commission on the Education and Preservation of State History
consisting of the following members:
(1) Three members of the Senate appointed by the President of
the Senate, one of whom shall be from the minority party and be
recommended by the Minority Leader of the Senate;
(2) Three members of the House of Representatives appointed
by the Speaker of the House of Representatives, one of whom shall
be from the minority party and be recommended by the Minority
Leader of the House of Representatives;
(3) Three members appointed by the Governor who shall have
specific knowledge regarding museum or archive management.
The Commission may appoint nonvoting members to the
Commission who represent state agencies, educational institutions,
or private organizations and who have expertise in museum or
archive management.
(B)(1) Appointments shall be made to the Commission not later
than thirty days after the effective date of this section. A
member of the Senate appointed by and so designated by the
President of the Senate shall be the chairperson of the
Commission. A member of the House of Representatives appointed by
and so designated by the Speaker of the House of Representatives
shall be the vice-chairperson of the Commission. The Commission
shall meet as often as necessary to carry out its duties and
responsibilities. Members of the Commission shall serve without
compensation.
(2) The Legislative Service Commission shall provide
professional and technical support that is necessary for the Ohio
Legislative Commission on the Education and Preservation of State
History to perform its duties.
(C) The Ohio Legislative Commission on the Education and
Preservation of State History shall do all of the following:
(1) Review the overall delivery of services and instruction
on Ohio's history by organizations that have individually received
in the previous two bienniums a total of at least one million
dollars in funding through legislative appropriation for their
operations. The review shall include a needs assessment with
regard to each organization for all of the following:
(a) Historic sites owned or managed by the organization;
(b) Archives owned or maintained by the organization;
(c) Programs offered by the organization;
(d) The governance structure of the organization;
(e) A comparison of the organization's operations with the
operations of organizations that are located inside and outside
the state and that have similar functions.
(2) Following the review, make recommendations on all of the
following:
(a) Improving the efficiency of the organizations;
(b) Alternative methods for the performance or discharge of
state-mandated functions and other functions by the organizations;
(c) Best practices regarding governance structures for the
organizations;
(d) Any other recommendations that the Commission determines
to be necessary.
(3) Identify alternative public and private funding sources
to support the organizations.
(D) The Commission shall issue a report of its findings and
recommendations to the President of the Senate, the Speaker of the
House of Representatives, and the Governor not later than July
September 1, 2010. Upon submission of the report, the Commission
shall cease to exist.
SECTION 5. That existing Section 701.05 of Am. Sub. H.B. 1
of the 128th General Assembly is hereby repealed.
SECTION 6. That Section 701.20 of Am. Sub. H.B. 562 of the
127th General Assembly, as amended by Am. Sub. H.B. 1 of the 128th
General Assembly, be amended to read as follows:
Sec. 701.20. (A) The Ohio Commission on Local Government
Reform and Collaboration shall develop recommendations on ways to
increase the efficiency and effectiveness of local government
operations, to achieve cost savings for taxpayers, and to
facilitate economic development in this state. In developing the
recommendations, the commission shall consider, but is not limited
to, the following:
(1) Restructuring and streamlining local government offices
to achieve efficiencies and cost savings for taxpayers and to
facilitate local economic development;
(2) Restructuring and streamlining special taxing districts
and local government authorities authorized by the constitution or
the laws of this state to levy a tax of any kind or to have a tax
of any kind levied on its behalf, and of local government units,
including schools and libraries, to reduce overhead and
administrative expenses;
(3) Restructuring, streamlining, and finding ways to
collaborate on the delivery of services, functions, or authorities
of local government to achieve cost savings for taxpayers;
(4) Examining the relationship of services provided by the
state to services provided by local government and the possible
realignment of state and local services to increase efficiency and
improve accountability;
(5) Ways of reforming or restructuring constitutional,
statutory, and administrative laws to facilitate collaboration for
local economic development, to increase the efficiency and
effectiveness of local government operations, to identify
duplication of services, and to achieve costs savings for
taxpayers;
(6) Making annual financial reporting across local
governments consistent for ease of comparison; and
(7) Aligning regional planning units across state agencies.
(B)(1) There is hereby created the Ohio Commission on Local
Government Reform and Collaboration, consisting of fifteen voting
members. The President of the Senate shall appoint three members,
one of whom may be a person who is recommended by the Minority
Leader of the Senate. The Speaker of the House of Representatives
shall appoint three members, one of whom may be a person who is
recommended by the Minority Leader of the House of
Representatives. The Governor shall appoint three members. One
member shall be appointed by, and shall represent, each of the
following organizations: the Ohio Municipal League, the Ohio
Township Association, the Ohio School Boards Association, the
County Commissioners' Association of Ohio, the Ohio Library
Council, and the Ohio Association of Regional Councils. The
initial appointments shall be made not later than ninety days
after the effective date of this section. Vacancies shall be
filled in the manner provided for original appointments. Members
are not entitled to compensation for their services.
(2) The initial meeting of the commission shall be called by
the Governor within forty-five days after the initial appointments
to the commission are complete. The commission shall elect two of
its members to serve as co-chairpersons of the commission.
(C) The commission may create an advisory council consisting
of interested parties representing taxing authorities and
political subdivisions that are not taxing authorities. The
appointment of members to the advisory council is a matter of the
commission's discretion. The commission may direct the advisory
council to provide relevant information to the commission.
Advisory council members are not members of the commission, and
may not vote on commission business.
(D) The commission may consult with and obtain assistance
from state institutions of higher education (as defined in section
3345.011 of the Revised Code) and from business organizations for
research and data gathering related to its mission. State
institutions of higher education and business organizations shall
cooperate with the commission.
(E) The commission shall issue a report of its findings and
recommendations to the President of the Senate, the Speaker of the
House of Representatives, and the Governor not later than July
September 1, 2010. The commission ceases to exist upon submitting
its report.
SECTION 7. That existing Section 701.20 of Am. Sub. H.B. 562
of the 127th General Assembly, as amended by Am. Sub. H.B. 1 of
the 128th General Assembly, is hereby repealed.
SECTION 8. This act is declared to be an emergency measure
necessary for the immediate preservation of the public peace,
health, and safety. Immediate action is necessary to extend the
deadline for the Ohio Commission on Local Government Reform and
Collaboration to submit its report. Therefore, this act shall go
into immediate effect.
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