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H. B. No. 445 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Adams, J., Grossman, Buchy, Thompson, Combs, Murray, Stebelton, Peterson, McGregor, Terhar, O'Brien, McClain, Gardner, Henne, Gonzales, Hackett, Schuring, Baker, Young
A BILL
To amend sections 305.03 and 313.01 and to enact
section 313.011 of the Revised Code to authorize
one or more boards of county commissioners to
contract with another board of county
commissioners for the services of that county's
coroner.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 305.03 and 313.01 be amended and
section 313.011 of the Revised Code be enacted to read as follows:
Sec. 305.03. (A) Whenever any county officer fails to
perform the duties of office for ninety consecutive days, except
in case of sickness or injury as provided in divisions (B) and (C)
of this section, the office shall be deemed vacant.
(B) Whenever any county officer is absent because of sickness
or injury, the officer shall cause to be filed with the board of
county commissioners a physician's certificate of the officer's
sickness or injury. If such certificate is not filed with the
board within ten days after the expiration of ninety consecutive
days of absence, the office shall be deemed vacant.
(C) Whenever a county officer files a physician's certificate
under division (B) of this section, but continues to be absent for
an additional thirty days commencing immediately after the last
day on which this certificate may be filed under division (B) of
this section, the office shall be deemed vacant.
(D) If at any time two county commissioners in a county are
absent and have filed a physician's certificate under division (B)
of this section, the county coroner treasurer, in addition to
performing the duties of
coroner county treasurer, shall serve as
county commissioner until at least one of the absent commissioners
returns to office or until the office of at least one of the
absent commissioners is deemed vacant under this section and the
vacancy is filled. If the coroner county treasurer so requests,
the coroner county treasurer shall be paid a per diem rate for the
coroner's service as a commissioner. That per diem rate shall be
the annual salary specified by law for a county commissioner of
that county whose term of office began in the same year as the
coroner's county treasurer's term of office began, divided by the
number of days in the year.
While the coroner county treasurer is serving as a county
commissioner, the coroner county treasurer shall be considered an
acting county commissioner and shall perform the duties of the
office of county commissioner until at least one of the absent
commissioners returns to office or until the office of at least
one of the absent commissioners is deemed vacant. Before assuming
the office of acting county commissioner, the coroner county
treasurer shall take an oath of office as provided in sections
3.22 and 3.23 of the Revised Code. The coroner's county
treasurer's service as an acting county commissioner does not
constitute the holding of an incompatible public office or
employment in violation of any statutory or common law prohibition
against the simultaneous holding of more than one public officer
office or employment.
The coroner county treasurer shall give a new bond in the
same amount and signed and approved as provided in section 305.04
of the Revised Code. The bond shall be conditioned for the
faithful discharge of the coroner's county treasurer's duties as
acting county commissioner and for the payment of any loss or
damage that the county may sustain by reason of the coroner's
county treasurer's failure in those duties. The bond, along with
the oath of office and approval of the probate judge indorsed on
it, shall be deposited and paid for as provided for the bonds in
section 305.04 of the Revised Code.
(E) Any vacancy declared under this section shall be filled
in the manner provided by section 305.02 of the Revised Code.
(F) This section shall not apply to a county officer while in
the active military service of the United States.
Sec. 313.01. A Except as provided in section 313.011 of the
Revised Code, a coroner shall be elected quadrennially in each
county, who shall hold his office for a term of four years,
beginning on the first Monday of January next after his election.
As used in the Revised Code, unless the context otherwise
requires, "coroner" means the coroner of the county in which death
occurs or the dead human body is found.
Sec. 313.011. (A) One or more boards of county commissioners
may enter into a contract with another board of county
commissioners for the services of that county's coroner. A
contract entered into under this section shall not take effect
before the first Monday of January 2017, and shall be for a term
of not less than four years that coincides with the term of office
of coroners elected under section 313.01 of the Revised Code. The
election for and the office of coroner shall be eliminated in any
county that is contracting for the services of another county's
coroner for the term of the contract. A coroner under contract
with any board of county commissioners is the coroner of that
county for purposes of the Revised Code.
(B) The contract shall set forth the conditions of employment
and the term of the contract, and shall specify that the coroner's
office is eliminated in any county that is contracting for the
services of another county's coroner and that no election for
coroner shall be held in that county during the term of the
contract. The contract shall be entered into and any board of
county commissioners that is contracting for the services of
another county's coroner shall provide to the board of elections a
copy of the contract, at least fifteen days before the deadline
established under section 3513.05 of the Revised Code for filing a
declaration of candidacy for the office of coroner. Once the board
of elections receives a copy of the contract, the board shall not
accept any declarations of candidacy for the office of coroner of
that county during the term of the contract.
(C) A contract entered into under this section may not be
terminated during its term unless both of the following conditions
are met before the contract is terminated:
(1) All of the boards of county commissioners that are
parties to the contract agree to its termination;
(2) Any board of county commissioners that entered into the
contract for the services of the other county's coroner enters
into a contract, in accordance with this section, with another
board of county commissioners for the services of that county's
coroner for the duration of that part of the four-year term that
remains.
(D) In the last year of a contract entered into under this
section, any board of county commissioners that contracted for the
services of another county's coroner may renew the contract in
accordance with this section, may enter into a new contract under
this section with another board of county commissioners for the
provision of such services, or may allow the contract to expire
and instead elect a coroner for the county. If any board of county
commissioners fails to renew a contract or to enter into a new
contract for the services of another county's coroner, the board
shall give written notice of that fact to the county's board of
elections at least sixty days before the deadline established
under section 3513.05 of the Revised Code for filing a declaration
of candidacy for the office of coroner. Not later than five
business days after receiving the notice, the board of elections
shall publish a notice once a week for two consecutive weeks in a
newspaper of general circulation or as provided in section 7.16 of
the Revised Code that the board of elections will accept
declarations of candidacy for the office of coroner of the county.
Section 2. That existing sections 305.03 and 313.01 of the
Revised Code are hereby repealed.
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