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H. B. No. 509 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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A BILL
To amend sections 118.023, 118.06, 120.53, 305.171,
319.59, 329.01, 329.40, 329.41, 329.42, 329.43,
329.44, 329.45, 329.46, 330.04, 723.52, 723.53,
731.141, 735.05, 737.03, 749.26, 749.28, 749.31,
753.15, 755.29, 755.30, 2907.27, 3316.04, 3316.06,
3709.08, 3709.28, 3709.34, 3709.36, 4123.41,
5101.01, 5705.392, and 6115.20, to enact section
319.09, and to repeal section 3709.081 of the
Revised Code to make changes to the laws governing
local governments, to modify the requirements of
arresting authorities and courts regarding
venereal disease testing of individuals accused of
certain offenses, to modify the manner in which
funds are allocated from the Ohio Legal Aid Fund,
and to expand the ability of counties to form
joint county boards of job and family services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 118.023, 118.06, 120.53, 305.171,
319.59, 329.01, 329.40, 329.41, 329.42, 329.43, 329.44, 329.45,
329.46, 330.04, 723.52, 723.53, 731.141, 735.05, 737.03, 749.26,
749.28, 749.31, 753.15, 755.29, 755.30, 2907.27, 3316.04, 3316.06,
3709.08, 3709.28, 3709.34, 3709.36, 4123.41, 5101.01, 5705.392,
and 6115.20 be amended and section 319.09 of the Revised Code be
enacted to read as follows:
Sec. 118.023. (A) Upon determining that one or more of the
conditions described in section 118.022 of the Revised Code are
present, the auditor of state shall issue a written declaration of
the existence of a fiscal watch to the municipal corporation,
county, or township and the county budget commission. The fiscal
watch shall be in effect until the auditor of state determines
that none of the conditions are any longer present and cancels the
watch, or until the auditor of state determines that a state of
fiscal emergency exists. The auditor of state, or a designee,
shall provide such technical and support services to the municipal
corporation, county, or township after a fiscal watch has been
declared to exist as the auditor of state considers necessary.
(B) Within one hundred twenty days after the day a written
declaration of the existence of a fiscal watch is issued under
division (A) of this section, the mayor of the municipal
corporation, the board of county commissioners of the county, or
the board of township trustees of the township for which a fiscal
watch was declared shall submit to the auditor of state a
financial recovery plan that shall identify actions to be taken,
including entering into shared services agreements with other
political subdivisions for the joint exercise of any power,
performance of any function, or rendering of any service, if so
authorized by statute, to eliminate all of the conditions
described in section 118.022 of the Revised Code, and shall
include a schedule detailing the approximate dates for beginning
and completing the actions, and include a five-year forecast
reflecting the effects of the actions. The financial recovery plan
is subject to review and approval by the auditor of state. The
auditor of state may extend the amount of time by which a
financial recovery plan is required to be filed, for good cause
shown.
(C) If a feasible financial recovery plan for a municipal
corporation, county, or township for which a fiscal watch was
declared is not submitted within the time period prescribed by
division (B) of this section, or within any extension of time
thereof, the auditor of state shall declare that a fiscal
emergency condition exists under section 118.04 of the Revised
Code in the municipal corporation, county, or township.
Sec. 118.06. (A) Within one hundred twenty days after the
first meeting of the commission, the mayor of the municipal
corporation or the board of county commissioners or board of
township trustees shall submit to the commission a detailed
financial plan, as approved or amended and approved by ordinance
or resolution of the legislative authority, containing the
following:
(1) Actions to be taken by the municipal corporation, county,
or township to:
(a) Eliminate all fiscal emergency conditions determined to
exist pursuant to section 118.04 of the Revised Code;
(b) Satisfy any judgments, past due accounts payable, and all
past due and payable payroll and fringe benefits;
(c) Eliminate the deficits in all deficit funds;
(d) Restore to construction funds and other special funds
moneys from such funds that were used for purposes not within the
purposes of such funds, or borrowed from such construction funds
by the purchase of debt obligations of the municipal corporation,
county, or township with the moneys of such funds, or missing from
the construction funds or such special funds and not accounted
for;
(e) Balance the budgets, avoid future deficits in any funds,
and maintain current payments of payroll, fringe benefits, and all
accounts;
(f) Avoid any fiscal emergency condition in the future;
(g) Restore the ability of the municipal corporation, county,
or township to market long-term general obligation bonds under
provisions of law applicable to municipal corporations, counties,
or townships generally;
(h) Enter into shared services agreements with other
political subdivisions for the joint exercise of any power,
performance of any function, or rendering of any service, if so
authorized by statute.
(2) The legal authorities permitting the municipal
corporation, county, or township to take the actions enumerated
pursuant to division (A)(1) of this section;
(3) The approximate dates of the commencement, progress upon,
and completion of the actions enumerated pursuant to division
(A)(1) of this section, a five-year forecast reflecting the
effects of those actions, and a reasonable period of time expected
to be required to implement the plan. The municipal corporation,
county, or township, in consultation with the commission and the
financial supervisor, shall prepare a reasonable time schedule for
progress toward and achievement of the requirements for the
financial plan and the financial plan shall be consistent with
that time schedule.
(4) The amount and purpose of any issue of debt obligations
that will be issued, together with assurances that any such debt
obligations that will be issued will not exceed debt limits
supported by appropriate certifications by the fiscal officer of
the municipal corporation, county, or township and the county
auditor;
(5) Assurances that the municipal corporation, county, or
township will establish monthly levels of expenditures and
encumbrances pursuant to division (B)(2) of section 118.07 of the
Revised Code;
(6) Assurances that the municipal corporation, county, or
township will conform to statutes with respect to tax budgets and
appropriation measures;
(7) The detail, the form, and the supporting information that
the commission may direct.
(B) The financial plan developed pursuant to division (A) of
this section shall be filed with the financial supervisor and the
financial planning and supervision commission and shall be updated
annually. After consultation with the financial supervisor, the
commission shall either approve or reject any initial or
subsequent financial plan. If the commission rejects the initial
or any subsequent financial plan, it shall forthwith inform the
mayor and legislative authority of the municipal corporation or
the board of county commissioners or board of township trustees of
the reasons for its rejection. Within thirty days after the
rejection of any plan, the mayor with the approval of the
legislative authority by the passage of an ordinance or
resolution, or the board of county commissioners or board of
township trustees, shall submit another plan meeting the
requirements of divisions (A)(1) to (7) of this section, to the
commission and the financial supervisor for approval or rejection
by the commission.
(C) Any initial or subsequent financial plan passed by the
municipal corporation, county, or township shall be approved by
the commission if it complies with divisions (A)(1) to (7) of this
section, and if the commission finds that the plan is bona fide
and can reasonably be expected to be implemented within the period
specified in the plan.
(D) Any financial plan may be amended subsequent to its
adoption in the same manner as the passage and approval of the
initial or subsequent plan pursuant to divisions (A) to (C) of
this section.
(E) If a municipal corporation, county, or township fails to
submit a financial plan as required by this section, or fails to
substantially comply with an approved financial plan, upon
certification of the commission, all state funding for that
municipal corporation, county, or township other than benefit
assistance to individuals shall be escrowed until a feasible plan
is submitted and approved or substantial compliance with the plan
is achieved, as the case may be.
Sec. 120.53. (A) A legal aid society that operates within
the state may apply to the Ohio legal assistance foundation for
financial assistance from the legal aid fund established by
section 120.52 of the Revised Code to be used for the funding of
the society during the calendar year following the calendar year
in which application is made.
(B) An application for financial assistance made under
division (A) of this section shall be submitted by the first day
of November of the calendar year preceding the calendar year for
which financial assistance is desired and shall include all of the
following:
(1) Evidence that the applicant is incorporated in this state
as a nonprofit corporation;
(2) A list of the trustees of the applicant;
(3) The proposed budget of the applicant for these funds for
the following calendar year;
(4) A summary of the services to be offered by the applicant
in the following calendar year;
(5) A specific description of the territory or constituency
served by the applicant;
(6) An estimate of the number of persons to be served by the
applicant during the following calendar year;
(7) A general description of the additional sources of the
applicant's funding;
(8) The amount of the applicant's total budget for the
calendar year in which the application is filed that it will
expend in that calendar year for legal services in each of the
counties it serves;
(9) A specific description of any services, programs,
training, and legal technical assistance to be delivered by the
applicant or by another person pursuant to a contract with the
applicant, including, but not limited to, by private attorneys or
through reduced fee plans, judicare panels, organized pro bono
programs, and mediation programs.
(C) The Ohio legal assistance foundation shall determine
whether each applicant that filed an application for financial
assistance under division (A) of this section in a calendar year
is eligible for financial assistance under this section. To be
eligible for such financial assistance, an applicant shall satisfy
the criteria for being a legal aid society and shall be in
compliance with the provisions of sections 120.51 to 120.55 of the
Revised Code and with the rules and requirements the foundation
establishes pursuant to section 120.52 of the Revised Code. The
Ohio legal assistance foundation then, on or before the fifteenth
day of December of the calendar year in which the application is
filed, shall notify each such applicant, in writing, whether it is
eligible for financial assistance under this section, and if it is
eligible, estimate the amount that will be available for that
applicant for each six-month distribution period, as determined
under division (D) of this section.
(D) The Ohio legal assistance foundation shall allocate
moneys contained in the legal aid fund monthly for distribution to
applicants that filed their applications in the previous calendar
year and are determined to be eligible applicants.
All moneys contained in the fund on the first day of each
month shall be allocated, after deduction of the costs of
administering sections 120.51 to 120.55 and sections 1901.26,
1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised
Code that are authorized by section 120.52 of the Revised Code,
according to this section and shall be distributed accordingly not
later than the last day of the month following the month the
moneys were received. In making the allocations under this
section, the moneys in the fund that were generated pursuant to
sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and
4705.10 of the Revised Code shall be apportioned as follows:
(1) After deduction of the amount authorized and used for
actual, reasonable administrative costs under section 120.52 of
the Revised Code:
(a) Five per cent of the moneys remaining in the fund shall
be reserved for use in the manner described in division (A) of
section 120.521 of the Revised Code or for distribution to legal
aid societies that provide assistance to special population groups
of their eligible clients, engage in special projects that have a
substantial impact on their local service area or on significant
segments of the state's poverty population, or provide legal
training or support to other legal aid societies in the state;
(b) After deduction of the amount described in division
(D)(1)(a) of this section, one and three-quarters per cent of the
moneys remaining in the fund shall be apportioned among entities
that received financial assistance from the legal aid fund prior
to the effective date of this amendment July 1, 1993, but that, on
and after
the effective date of this amendment July 1, 1993, no
longer qualify as a legal aid society that is eligible for
financial assistance under this section.
(c) After deduction of the amounts described in divisions
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys
remaining in the fund shall be placed in the legal assistance
foundation fund for use in the manner described in division (A) of
section 120.521 of the Revised Code.
(2) After deduction of the actual, reasonable administrative
costs under section 120.52 of the Revised Code and after deduction
of the amounts identified in divisions (D)(1)(a), (b), and (c) of
this section, the remaining moneys shall be apportioned among the
counties that are served by eligible legal aid societies that have
applied for financial assistance under this section so that each
such county is apportioned a portion of those moneys, based upon
the ratio of the number of indigents who reside in that county to
the total number of indigents who reside in all counties of this
state that are served by eligible legal aid societies that have
applied for financial assistance under this section. Subject to
division (E) of this section, the moneys apportioned to a county
under this division then shall be allocated to the eligible legal
aid society that serves the county and that has applied for
financial assistance under this section. For purposes of this
division, the source of data identifying the number of indigent
persons who reside in a county shall be the most recent decennial
census selected by the Ohio legal assistance foundation from the
best available figures from maintained by the United States
department of commerce, division of census bureau.
(E) If the Ohio legal assistance foundation, in attempting to
make an allocation of moneys under division (D)(2) of this
section, determines that a county that has been apportioned money
under that division is served by more than one eligible legal aid
society that has applied for financial assistance under this
section, the Ohio legal assistance foundation shall allocate the
moneys that have been apportioned to that county under division
(D)(2) of this section among all eligible legal aid societies that
serve that county and that have applied for financial assistance
under this section on a pro rata basis, so that each such eligible
society is allocated a portion based upon the amount of its total
budget expended in the prior calendar year for legal services in
that county as compared to the total amount expended in the prior
calendar year for legal services in that county by all eligible
legal aid societies that serve that county and that have applied
for financial assistance under this section.
(F) Moneys allocated to eligible applicants under this
section shall be paid monthly beginning the calendar year
following the calendar year in which the application is filed.
(G)(1) A legal aid society that receives financial assistance
in any calendar year under this section shall file an annual
report with the Ohio legal assistance foundation detailing the
number and types of cases handled, and the amount and types of
legal training, legal technical assistance, and other service
provided, by means of that financial assistance. No information
contained in the report shall identify or enable the
identification of any person served by the legal aid society or in
any way breach client confidentiality.
(2) The Ohio legal assistance foundation shall make an annual
report to the governor, the general assembly, and the supreme
court on the distribution and use of the legal aid fund. The
foundation also shall include in the annual report an audited
financial statement of all gifts, bequests, donations,
contributions, and other moneys the foundation receives. No
information contained in the report shall identify or enable the
identification of any person served by a legal aid society, or in
any way breach confidentiality.
(H) A legal aid society may enter into agreements for the
provision of services, programs, training, or legal technical
assistance for the legal aid society or to indigent persons.
Sec. 305.171. The following applies until the department of
administrative services implements for counties the health care
plans under section 9.901 of the Revised Code. If those plans do
not include or address any benefits listed in division (A) of this
section, the following provisions continue in effect for those
benefits.
(A) The board of county commissioners of any county may
contract for, purchase, or otherwise procure and pay all or any
part of the cost of any of the following insurance, coverage, or
benefits issued by an insurance company or administered by a board
of county commissioners or a contractor, for county officers and
employees and their immediate dependents from the funds or budgets
from which the county officers or employees are compensated for
services:
(1) Group insurance policies that may provide any of the
following:
(a) Benefits including, but not limited to, hospitalization,
surgical care, major medical care, disability, dental care, eye
care, medical care, hearing aids, or prescription drugs;
(b) Sickness and accident insurance;
(c) Group legal services;
(d) Group life insurance.
(2) Any other qualified benefit available under section 125
of the "Internal Revenue Code of 1986," 26 U.S.C. 125;
(3) A health and wellness benefit program through which the
county provides a benefit or incentive to county officers,
employees, and their immediate dependents to maintain a healthy
lifestyle, including, but not limited to, programs to encourage
healthy eating and nutrition, exercise and physical activity,
weight control or the elimination of obesity, and cessation of
smoking or alcohol use.
(4) Any combination of any of the foregoing types of
insurance, coverage, or benefits.
(B) The board of county commissioners also may negotiate and
contract for any plan or plans of health care services with health
insuring corporations holding a certificate of authority under
Chapter 1751. of the Revised Code, provided that each county
officer or employee shall be permitted to do both of the
following:
(1) Exercise an option between a plan offered by an insurance
company and a plan or plans offered by health insuring
corporations under this division, on the condition that the county
officer or employee shall pay any amount by which the cost of the
plan chosen by the county officer or employee pursuant to this
division exceeds the cost of the plan offered under division (A)
of this section;
(2) Change from one of the plans to another at a time each
year as determined by the board.
(C) Section 307.86 of the Revised Code does not apply to the
purchase of benefits for county officers or employees under
divisions (A) and (B) of this section when those benefits are
provided through a jointly administered health and welfare trust
fund in which the county or contracting authority and a collective
bargaining representative of the county employees or contracting
authority agree to participate.
(D) The board of trustees of a jointly administered trust
fund that receives contributions pursuant to collective bargaining
agreements entered into between the board of county commissioners
of any county and a collective bargaining representative of the
employees of the county may provide for self-insurance of all risk
in the provision of fringe benefits, and may provide through the
self-insurance method specific fringe benefits as authorized by
the rules of the board of trustees of the jointly administered
trust fund. The fringe benefits may include, but are not limited
to, hospitalization, surgical care, major medical care,
disability, dental care, vision care, medical care, hearing aids,
prescription drugs, group life insurance, sickness and accident
insurance, group legal services, or a combination of any of the
foregoing types of insurance or coverage, for county employees and
their dependents.
(E) The board of county commissioners may provide the
benefits described in divisions (A) to (D) of this section through
an individual self-insurance program or a joint self-insurance
program as provided in section 9.833 of the Revised Code.
(F) When a board of county commissioners offers benefits
authorized under this section to a county officer or employee, the
board may offer the benefits through a cafeteria plan meeting the
requirements of section 125 of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 125, as amended, and, as part
of that plan, may offer the county officer or employee the option
of receiving a cash payment in any form permissible under such
cafeteria plans. A cash payment made to a county officer or
employee under this division shall not exceed twenty-five per cent
of the cost of premiums or payments that otherwise would be paid
by the board for benefits for the county officer or employee under
a policy or plan.
(G) The board of county commissioners may establish a policy
authorizing any county appointing authority to make a cash payment
to any county officer or employee in lieu of providing a benefit
authorized under this section if the county officer or employee
elects to take the cash payment instead of the offered benefit. A
cash payment made to a county officer or employee under this
division shall not exceed twenty-five per cent of the cost of
premiums or payments that otherwise would be paid by the board for
benefits for the county officer or employee under an offered
policy or plan.
(H) No cash payment in lieu of a health benefit shall be made
to a county officer or employee under division (F) or (G) of this
section unless the county officer or employee signs a statement
affirming that the county officer or employee is covered under
another health insurance or health care policy, contract, or plan,
and setting forth the name of the employer, if any, that sponsors
the coverage, the name of the carrier that provides the coverage,
and the identifying number of the policy, contract, or plan.
(I) The legislative authority of a county-operated municipal
court, after consultation with the judges, or the clerk and deputy
clerks, of the municipal court, shall negotiate and contract for,
purchase, or otherwise procure, and pay the costs, premiums, or
charges for, group health care coverage for the judges, and group
health care coverage for the clerk and deputy clerks, in
accordance with section 1901.111 or 1901.312 of the Revised Code.
(J) As used in this section:
(1) "County officer or employee" includes, but is not limited
to, a member or employee of the county board of elections.
(2) "County-operated municipal court" and "legislative
authority" have the same meanings as in section 1901.03 of the
Revised Code.
(3) "Health care coverage" has the same meaning as in section
1901.111 of the Revised Code.
Sec. 319.09. The county auditor, if authorized by a
resolution of the board of county commissioners, may serve as the
fiscal officer of any department, office, or agency of the county.
Sec. 319.59. (A)(1) Each county sealer of weights and
measures shall appoint, by writing under his the county sealer's
hand and seal, one or more inspectors, who shall compare weights
and measures whereever wherever they are used or maintained for
use within
his the county sealer's county, or which are brought to
the office of the county sealer for that purpose, with the copies
of the standards in the possession of the county sealer. Such
inspectors A county sealer may share the services of an inspector
or inspectors appointed under this division with another county
sealer, provided that the inspector remains a part-time employee
of each county by whom the inspector is employed. If the inspector
becomes a full-time employee of one county, the inspector's
employment with the other county shall be terminated.
(2) In lieu of appointing or sharing inspectors under
division (A)(1) of this section, the county sealer may enter into
a contract with a private person to employ the person to perform
the same services that an inspector appointed under this section
would perform. Each person employed under this division shall meet
the training and continuing education requirements established for
weights and measures inspector personnel by the director of
agriculture under Chapter 1327. of the Revised Code and under
rules promulgated thereunder.
(B) Inspectors appointed under division (A)(1) of this
section shall receive a salary fixed by the county sealer and
private persons employed under division (A)(2) of this section
shall receive the compensation specified in the contract, to be
paid by the county, which shall be instead of all fees or charges
otherwise allowed by law. Such inspectors and private persons
shall also be employed by the county sealer to assist in the
prosecution of all violations of law relating to weights and
measures.
Sec. 329.01. In each county, except as provided in section
329.40 of the Revised Code, there shall be a county department of
job and family services which, when so established, shall be
governed by this chapter. The department shall consist of a county
director of job and family services appointed by the board of
county commissioners, and such assistants and other employees as
are necessary for the efficient performance of the functions of
the county department. Before entering upon the discharge of the
director's official duties, the director shall give a bond,
conditioned for the faithful performance of those official duties,
in such sum as fixed by the board. The director may require any
assistant or employee under the director's jurisdiction to give a
bond in such sum as determined by the board. All bonds given under
this section shall be with a surety or bonding company authorized
to do business in this state, conditioned for the faithful
performance of the duties of such director, assistant, or
employee. The expense or premium for any bond required by this
section shall be paid from the appropriation for administrative
expenses of the department. Such bond shall be deposited with the
county treasurer and kept in the treasurer's office.
As used in the Revised Code:
(A) "County department of job and family services" means the
county department of job and family services established under
this section, including an entity designated a county department
of job and family services under section 307.981 of the Revised
Code, or the a joint county department of job and family services
established under section 329.40 of the Revised Code.
(B) "County director of job and family services" means the
county director of job and family services appointed under this
section or under section 329.41 of the Revised Code.
Sec. 329.40. (A)(1) The boards of county commissioners of
the any two or more counties of Hocking, Ross, and Vinton, by
entering into a written agreement, may form a joint county
department of job and family services to perform the duties,
provide the services, and operate the programs required under this
chapter. The formation of this joint county department of job and
family services is a pilot project. The agreement shall be
ratified by resolution of the board of county commissioners of
each county that entered into the agreement. Each board of county
commissioners that enters into the an agreement shall give notice
of the agreement to the Ohio department of job and family services
at least ninety days before the agreement's effective date. The
agreement shall take effect not earlier than the first day of the
calendar quarter following the ninety-day notice period. The
director of job and family services shall adopt, as an internal
management rule under section 111.15 of the Revised Code, the form
in which the notice shall be given.
(2) The boards of county commissioners of the counties
forming the a joint county department shall constitute,
collectively, the board of directors of the joint county
department of job and family services. On the effective date of
the agreement, the board of directors shall take control of and
manage the joint county department subject to this chapter and all
other sections of the Revised Code that govern the authority and
responsibilities of a single board of county commissioners in the
operation of a single county department of job and family
services.
(B)(1) The An agreement to establish the a joint county
department shall specify all of the following:
(a) The obligations of each board of county commissioners in
operating the joint county department, including requiring each
board to provide state, federal, and county funds to the operation
of the joint county department and the schedule for provision of
those funds;
(b) How and which facilities, equipment, and personnel will
be shared;
(c) Procedures for the division of resources and obligations
should a county if one or more counties withdraw from the joint
county department, or should the department cease ceases to exist;
(d) Any contributions of participating counties establishing
the joint county department and the rights of those counties in
lands or personal property, or rights or interests therein,
contributed to or otherwise acquired by the joint county
department.
(2) The An agreement to establish the a joint county
department may set forth any or all of the following:
(a) Quality, timeliness, and other standards to be met by
each county;
(b) Which family service programs and functions are to be
included in the joint county department;
(c) Procedures for the operation of the board of directors,
including procedures governing the frequency of meetings and the
number of members of the board required to constitute a quorum to
take action;
(d) Any other procedures or standards necessary for the joint
county department to perform its duties and operate efficiently.
(C) The An agreement may be amended by a majority vote of the
board of directors of the joint county department, but no
amendment shall divest a participating county of any right or
interest in lands or personal property without its consent.
(D) Costs incurred in operating the a joint county department
shall be paid from a joint general fund created by the board of
directors, except as may be otherwise provided in the agreement.
Sec. 329.41. (A) The board of directors of the a joint
county department of job and family services formed under section
329.40 of the Revised Code shall appoint and fix the compensation
of a the director of the department. The director shall serve at
the pleasure of the board of directors. Under the direction and
control of the board, the director shall have full charge of the
department as set forth in section 329.02 of the Revised Code for
the director of a single county department of job and family
services.
(B) The board of directors may appoint up to three
administrators to oversee services provided by the joint county
department. Administrators shall be in the unclassified service.
(C) Employees of the a joint county department of job and
family services shall be appointed by the director of the joint
county department and, except as provided in this section, shall
be in the classified service. The employees of the a joint county
department shall be considered county employees for the purposes
of Chapter 124. of the Revised Code and other provisions of state
law applicable to county employees. Instead of or in addition to
appointing these employees, the a board of directors may agree to
use the employees of one or more of the counties that formed the a
joint county department in the service of the joint county
department and to share in their compensation in any manner that
may be agreed upon.
(D) Notwithstanding any other section of the Revised Code, if
an employee's separation from county service occurs in connection
with a county joining or withdrawing from the a joint county
department of job and family services, the board of county
commissioners that initially appointed the employee shall have no
obligation to pay any compensation with respect to unused vacation
or sick leave accrued to the credit of the employee if the
employee accepts employment with the joint county department or a
withdrawing county. At the effective time of separation from
county service, the joint county department or the withdrawing
county, as the case may be, shall assume such unused vacation and
sick leave accrued to the employee's credit.
Sec. 329.42. The county auditor of the county with the
largest population that formed the a joint county department of
job and family services under section 329.40 of the Revised Code
shall serve as the fiscal officer of the joint county department,
and the county treasurer of that county shall serve as the
treasurer of the joint county department, unless the counties that
formed the joint county department agree to appoint the county
auditor and county treasurer of another county that formed the
department. In either case, these county officers shall perform
any applicable duties for the joint county department as each
typically performs for the county of which the individual is an
officer. The board of directors of the joint county department may
pay to that county any amount agreed upon by the board of
directors and the board of county commissioners of that county to
reimburse the county for the costs that are properly allocable to
the service of its officers as fiscal officer and treasurer of the
joint county department.
Sec. 329.43. (A) The prosecuting attorney of the county with
the largest population that formed the a joint county department
of job and family services under section 329.40 of the Revised
Code shall serve as the legal advisor of the board of directors of
the joint county department, unless the counties that formed the
joint county department agree to appoint the prosecuting attorney
of another county that formed the joint county department as legal
advisor of the board. The board of directors may pay to the county
of the prosecuting attorney who is the legal advisor of the board
any amount agreed upon by the board of directors and the board of
county commissioners of that county to reimburse that county for
the costs that are properly allocable to the service of its
prosecuting attorney as the legal advisor of the board of
directors.
(B) The prosecuting attorney shall provide such services to
the board of directors as are required or authorized to be
provided to other county boards under Chapter 309. of the Revised
Code.
(C)(1) If the board of directors of the a joint county
department wishes to employ other legal counsel on an annual basis
to serve as the board's legal advisor in place of the prosecuting
attorney, the board may do so with the agreement of the
prosecuting attorney. If the prosecuting attorney does not agree,
the board of directors may apply to the court of common pleas of
the county with the largest population that formed the joint
county department for authority to employ other legal counsel on
an annual basis.
(2) If the board of directors of the a joint county
department wishes to employ other legal counsel to represent or
advise the board on a particular matter in place of the
prosecuting attorney, the board may do so with the agreement of
the prosecuting attorney. If the prosecuting attorney does not
agree, the board of directors may apply to the court of common
pleas of the county with the largest population that formed the
joint county department for authority to employ other legal
counsel for that particular matter.
(3) The prosecuting attorney who is the legal advisor of the
board of directors shall be given notice of an application filed
under division (C)(1) or (2) of this section and shall be afforded
an opportunity to be heard. After the hearing, the court may
authorize the board of directors to employ other legal counsel on
an annual basis or for a particular matter only if it finds that
the prosecuting attorney refuses or is unable to provide the legal
services that the board requires. If the board of directors
employs other legal counsel on an annual basis or for a particular
matter, the board may not require the prosecuting attorney to
provide legal advice, opinions, or other legal services during the
period or to the extent that the board employs the other legal
counsel.
Sec. 329.44. (A) A The board of directors of the a joint
county department of job and family services formed under section
329.40 of the Revised Code may acquire, by purchase or lease, real
property, equipment, and systems to improve, maintain, or operate
family service programs within the territory served by the joint
county department. A board of county commissioners may acquire,
within its county, real property or any estate, interest, or right
therein, by appropriation or any other method, for use by the
joint county department in connection with its provision of
services. Appropriation proceedings shall be conducted in
accordance with Chapter 163. of the Revised Code.
(B) A board of county commissioners that formed the a joint
county department may contribute lands or rights or interests
therein, money, other personal property or rights or interests
therein, or services to the joint county department. The board of
county commissioners may issue bonds or bond anticipation notes of
the county to pay the cost of acquiring real property and of
constructing, modifying, or upgrading a facility to house
employees of the joint county department. The board of directors
of the a joint county department may reimburse the county for the
use of such a facility if it is required to do so under the
agreement entered into under section 329.40 of the Revised Code.
Sec. 329.45. (A)(1) A board of county commissioners that has
entered into an agreement under section 329.40 of the Revised Code
establishing a joint county department of job and family services
may pass adopt a resolution requesting to withdraw from the
agreement
establishing the joint county department of job and
family services formed under section 329.40 of the Revised Code.
Upon adopting such a resolution, the board of county commissioners
shall deliver a copy of the resolution to the board of directors
of the joint county department. Upon receiving the resolution, the
board of directors shall deliver written notice of the requested
withdrawal to the boards of county commissioners of the other
county or counties that formed the joint county department. Within
Not later than thirty days after receiving the notice, each of
those boards of county commissioners shall adopt a resolution
either accepting the withdrawal or objecting to the withdrawal,
and shall deliver a copy of the resolution to the board of
directors.
(2) If any of the boards of county commissioners that formed
the a joint county department adopts a resolution objecting to the
requested withdrawal, the board of directors shall deliver written
notice of the objection to each other board of county
commissioners of the counties that formed the joint county
department, including the board of county commissioners of the
county proposing withdrawal, and shall schedule. Not later than
thirty days after sending the notice, the board of directors shall
hold a meeting of the board of directors to be held within thirty
days to discuss the objection. After the meeting, the board of
directors shall determine whether the county requesting withdrawal
desires to proceed with the withdrawal and, if the county does,
the board of directors shall accept the withdrawal. Not later than
thirty days after the determination was made, the board of
directors shall deliver written notice of the withdrawal to the
boards of county commissioners that formed the joint county
department and to the board of county commissioners that requested
withdrawal, and shall commence the withdrawal process under this
section.
(3) If all of the boards of county commissioners that formed
the a joint county department, except for the board of county
commissioners requesting the withdrawal, each adopt a resolution
accepting the withdrawal, the board of directors shall declare the
withdrawal to be accepted. Not later than thirty days after the
declaration, the board of directors shall deliver written notice
of the withdrawal to all of the boards of county commissioners
that formed the joint county department, including the board of
county commissioners of the county requesting withdrawal, and
shall commence the withdrawal process under this section.
(4) The board of directors shall give notice to the Ohio
department of job and family services of the withdrawal of a
county under this section at least ninety days before the
withdrawal becomes final. The director of job and family services
shall adopt, as an internal management rule under section 111.15
of the Revised Code, the form in which the notice shall be given.
(5) If a county requesting to withdraw decides to remain as a
party to the agreement establishing the a joint county department,
the board of county commissioners of that county shall rescind its
original resolution requesting withdrawal and shall deliver a copy
of the rescission to the board of directors of the joint county
department within not later than thirty days after adopting the
rescission.
(B) If a county withdraws from the an agreement under this
section, the board of directors shall ascertain, apportion, and
order a division of the funds on hand, credits, and real and
personal property of the joint county department, either in money
or in kind, on an equitable basis between the joint county
department and the withdrawing county according to the agreement
entered into under section 329.40 of the Revised Code and
consistent with any prior contributions of the withdrawing county
to the joint county department. Any debt incurred individually
shall remain the responsibility of that county, unless otherwise
specified in the agreement establishing the joint county
department.
(C) A withdrawal becomes final not earlier than the first day
of the calendar quarter following the ninety-day notice period
required by division (A)(4) of this section. On and after that
day, the withdrawing county ceases to be a part of the joint
county department, and its members of the board of directors shall
cease to be members of that board.
(D) If the withdrawal of one or more counties would leave
only one county participating in the a joint county department,
the board of directors shall ascertain, apportion, and order a
final division of the funds on hand, credits, and real and
personal property of the joint county department. On and after the
day on which the latest withdrawal of a county becomes final, the
joint county department is dissolved. When the a joint county
department is dissolved and any indebtedness remains unpaid, the
boards of county commissioners that formed the joint county
department shall pay the indebtedness of the joint county
department in the amounts established by the agreement at the time
the indebtedness was incurred.
Sec. 329.46. (A) A board of county commissioners that formed
the a joint county department of job and family services under
section 329.40 of the Revised Code, by adopting a resolution, may
propose the removal of another county that formed the joint county
department. The board of county commissioners shall send a copy of
such a resolution to the board of directors of the joint county
department. Within Not later than ten days after receiving the
copy of the resolution, the board of directors shall send a copy
of the resolution to each board of county commissioners that
formed the joint county department, except the board of county
commissioners proposing removal. Within Not later than thirty days
after sending a copy of the resolution, the board of directors
shall hold a hearing at which any county commissioner whose county
formed the joint county department may present arguments for or
against the removal. At the hearing, approval or disapproval of
the removal shall be determined by a two-thirds vote of the county
commissioners of the counties that formed the joint county
department, with the exception of the county commissioners of the
county proposed for removal.
(B) The board of directors of the a joint county department
of job and family services, by adopting a resolution by a majority
vote of the members of the board, may propose removal of a county
that formed the joint county department. Within Not later than ten
days after adopting such a resolution, the board of directors
shall send a copy of the resolution to the board of county
commissioners of each county that formed the joint county
department, including the board of county commissioners of the
county proposed for removal.
Within Not later than thirty days
after sending the copy of the resolution, the board of directors
shall hold a hearing at which any member of the board may present
arguments for or against the removal. At this hearing, approval or
disapproval of the resolution proposing removal shall be
determined by a two-thirds vote of the members of the board of
directors, with the exception of the board members who represent
the county proposed for removal.
(C) If removal of a county is approved under this section,
the board of directors shall give written notice of the approval
to the Ohio department of job and family services at least ninety
days before the removal takes effect. The director of job and
family services shall adopt, as an internal management rule under
section 111.15 of the Revised Code, the form in which the notice
shall be given.
(D) Removal of a county under this section shall take effect
not earlier than the first day of the calendar quarter following
the ninety-day notice period required by division (C) of this
section.
(E) If, at any time, the county proposed for removal under
division (A) or (B) of this section notifies the board of
directors, by a majority vote of that county's board of county
commissioners, that it chooses to withdraw from the joint county
department, the withdrawal procedure established under section
329.45 of the Revised Code shall be put immediately into motion.
Sec. 330.04. If, for the purpose of Chapter 6301. of the
Revised Code, a county is the type of local area defined in
division (A)(2) of section 6301.01 of the Revised Code, the board
of county commissioners serving the county shall adopt a
resolution establishing or designating a workforce development
agency to provide workforce development activities for the county.
The board shall adopt the resolution not later than July 1, 2000.
The board may establish or designate any of the following as
the workforce development agency:
(A) The county department of job and family services;
(B) A separate agency under the direct control of the board
and administered by an official appointed by the board;
(C) An entity serving the county on the effective date of
this section March 14, 2000, in a capacity similar to the capacity
in which a workforce development agency is to serve the county on
and after
the effective date of this section March 14, 2000;
(D) An entity located in or outside the county that provides
workforce development activities in the county on the effective
date of this section March 14, 2000;
(E) Any private or government entity designated under section
307.981 of the Revised Code;
(F) The A joint county department of job and family services
established under section 329.40 of the Revised Code.
Sec. 723.52. Before letting or making any contract for the
construction, reconstruction, widening, resurfacing, or repair of
a street or other public way, the director of public service in a
city, or the legislative authority in a village, shall make an
estimate of the cost of such work using the force account project
assessment form developed by the auditor of state under section
117.16 of the Revised Code. In municipal corporations having an
engineer, or an officer having a different title but the duties
and functions of an engineer, the estimate shall be made by the
engineer or other officer. Where the total estimated cost of any
such work is thirty fifty thousand dollars or less, the proper
officers may proceed by force account.
Where the total estimated cost of any such work exceeds
thirty fifty thousand dollars, the proper officers of the
municipal corporation shall be required to invite and receive
competitive bids for furnishing all the labor, materials, and
equipment and doing the work, after newspaper advertisement as
provided by law. The officers shall consider and may reject such
bids. If the bids are rejected, the officers may order the work
done by force account or direct labor. When such bids are
received, considered, and rejected, and the work done by force
account or direct labor, such work shall be performed in
compliance with the plans and specifications upon which the bids
were based. It shall be unlawful to divide a street or connecting
streets into separate sections for the purpose of defeating this
section and section 723.53 of the Revised Code.
"Street," as used in such sections, includes portions of
connecting streets on which the same or similar construction,
reconstruction, widening, resurfacing, or repair is planned or
projected.
Sec. 723.53. Where the proper officers of any municipal
corporation construct, reconstruct, widen, resurface, or repair a
street or other public way by force account or direct labor, and
the estimated cost of the work as defined in section 723.52 of the
Revised Code exceeds thirty fifty thousand dollars, such municipal
authorities shall cause to be kept by the engineer of the
municipal corporation, or other officer or employee of the
municipal corporation in charge of such work, a complete and
accurate account, in detail, of the cost of doing the work. The
account shall include labor, materials, freight, fuel, hauling,
overhead expense, workers' compensation premiums, and all other
items of cost and expense, including a reasonable allowance for
the use of all tools and equipment used on or in connection with
such work and for the depreciation on the tools and equipment. The
engineer or other officer or employee shall keep such account, and
within ninety days after the completion of any such work shall
prepare a detailed and itemized statement of such cost and file
the statement with the officer or board vested with authority to
direct the doing of the work in question. Such officer or board
shall thereupon examine the statement, correct it if necessary,
and file it in the office of the officer or board. Such statement
shall be kept on file for not less than two years and shall be
open to public inspection.
This section and section 723.52 of the Revised Code do not
apply to any municipal corporations having a charter form of
government.
Sec. 731.141. In those villages that have established the
position of village administrator, as provided by section 735.271
of the Revised Code, the village administrator shall make
contracts, purchase supplies and materials, and provide labor for
any work under the administrator's supervision involving not more
than twenty-five fifty thousand dollars. When an expenditure,
other than the compensation of persons employed by the village,
exceeds
twenty-five fifty thousand dollars, the expenditure shall
first be authorized and directed by ordinance of the legislative
authority of the village. When so authorized and directed, except
where the contract is for equipment, services, materials, or
supplies to be purchased under division (D) of section 713.23 or
section 125.04 or 5513.01 of the Revised Code, available from a
qualified nonprofit agency pursuant to sections 4115.31 to 4115.35
of the Revised Code, or required to be purchased from a qualified
nonprofit agency under sections 125.60 to 125.6012 of the Revised
Code, the village administrator shall make a written contract with
the lowest and best bidder after advertisement for not less than
two nor more than four consecutive weeks in a newspaper of general
circulation within the village or as provided in section 7.16 of
the Revised Code. The bids shall be opened and shall be publicly
read by the village administrator or a person designated by the
village administrator at the time, date, and place as specified in
the advertisement to bidders or specifications. The time, date,
and place of bid openings may be extended to a later date by the
village administrator, provided that written or oral notice of the
change shall be given to all persons who have received or
requested specifications no later than ninety-six hours prior to
the original time and date fixed for the opening. All contracts
shall be executed in the name of the village and signed on its
behalf by the village administrator and the clerk.
The legislative authority of a village may provide, by
ordinance, for central purchasing for all offices, departments,
divisions, boards, and commissions of the village, under the
direction of the village administrator, who shall make contracts,
purchase supplies or materials, and provide labor for any work of
the village in the manner provided by this section.
Sec. 735.05. The director of public service may make any
contract, purchase supplies or material, or provide labor for any
work under the supervision of the department of public service
involving not more than twenty-five fifty thousand dollars. When
an expenditure within the department, other than the compensation
of persons employed in the department, exceeds twenty-five fifty
thousand dollars, the expenditure shall first be authorized and
directed by ordinance of the city legislative authority. When so
authorized and directed, except where the contract is for
equipment, services, materials, or supplies to be purchased under
division (D) of section 713.23 or section 125.04 or 5513.01 of the
Revised Code or available from a qualified nonprofit agency
pursuant to sections 4115.31 to 4115.35 of the Revised Code, the
director shall make a written contract with the lowest and best
bidder after advertisement for not less than two nor more than
four consecutive weeks in a newspaper of general circulation
within the city or as provided in section 7.16 of the Revised
Code.
Sec. 737.03. The director of public safety shall manage and
make all contracts with reference to police stations, fire houses,
reform schools, infirmaries, hospitals other than municipal
hospitals operated pursuant to Chapter 749. of the Revised Code,
workhouses, farms, pesthouses, and all other charitable and
reformatory institutions. In the control and supervision of those
institutions, the director shall be governed by the provisions of
Title VII of the Revised Code relating to those institutions.
The director may make all contracts and expenditures of money
for acquiring lands for the erection or repairing of station
houses, police stations, fire department buildings, fire cisterns,
and plugs, that are required, for the purchase of engines,
apparatus, and all other supplies necessary for the police and
fire departments, and for other undertakings and departments under
the director's supervision, but no obligation involving an
expenditure of more than twenty-five fifty thousand dollars shall
be created unless first authorized and directed by ordinance. In
making, altering, or modifying those contracts, the director shall
be governed by sections 735.05 to 735.09 of the Revised Code,
except that all bids shall be filed with and opened by the
director. The director shall make no sale or disposition of any
property belonging to the city without first being authorized by
resolution or ordinance of the city legislative authority.
Sec. 749.26. The board of hospital trustees, before entering
into any contract for the erection of a hospital building, or for
the rebuilding or repair of a hospital building, the cost of which
exceeds ten fifty thousand dollars, shall have plans,
specifications, detailed drawings, and forms of bids prepared, and
when adopted by the board it shall have them printed for
distribution among the bidders.
Sec. 749.28. The board of hospital trustees shall not enter
into a contract for work or supplies where the estimated cost
exceeds ten fifty thousand dollars, without first giving thirty
days' notice in one newspaper of general circulation in the
municipal corporation that sealed proposals will be received for
doing the work or furnishing the materials and supplies.
Sec. 749.31. Except where the contract is for equipment,
services, materials, or supplies available from a qualified
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the
Revised Code, the board of hospital trustees shall enter into a
contract for work or supplies where the estimated cost exceeds
ten
fifty thousand dollars with the lowest and best bidder. Where the
contract is for other than the construction, demolition,
alteration, repair, or reconstruction of an improvement, the board
shall enter into the contract when the bidder gives bond to the
board, with such security as the board approves, that he the
bidder will perform the work and furnish materials or supplies in
accordance with the contract. On the failure of such bidder within
a reasonable time, to be fixed by the board, to enter into bond
with such security, a contract may be made with the next lowest
and best bidder, and so on until a contract is effected by a
contractor giving such bond. The board may reject any bid.
Sec. 753.15. (A) Except as provided in division (B) of this
section, in a city, a workhouse erected for the joint use of the
city and the county in which such city is located shall be managed
and controlled by a joint board composed of the board of county
commissioners and the board of control of the city, and in a
village by the board of county commissioners and the board of
trustees of public affairs. Such joint board shall have all the
powers and duties in the management, control, and maintenance of
such workhouse as are conferred upon the director of public safety
in cities, and in addition thereto it may construct sewers for
such workhouse and pay therefor from funds raised by taxation for
the maintenance of such institution.
The joint board may lease or purchase suitable property and
buildings for a workhouse, or real estate for the purpose of
erecting and maintaining a workhouse thereon, but it shall not
expend more than ten fifty thousand dollars for any such purpose
unless such amount is approved by a majority of the voters of the
county, exclusive of the municipal corporation, voting at a
general election.
(B) In lieu of forming a joint board to manage and control a
workhouse erected for the joint use of the city and the county in
which the city is located, the board of county commissioners and
the legislative authority of the city may enter into a contract
for the private operation and management of the workhouse as
provided in section 9.06 of the Revised Code, but only if the
workhouse is used solely for misdemeanant inmates. In order to
enter into a contract under section 9.06 of the Revised Code, both
the board and the legislative authority shall approve and be
parties to the contract.
Sec. 755.29. The board of park trustees, before entering
into any contract for the performance of any work, the cost of
which exceeds twenty-five fifty thousand dollars, shall cause
plans and specifications and forms of bids to be prepared, and
when adopted by the board, shall have them printed for
distribution among bidders.
Sec. 755.30. The board of park trustees shall not enter into
any contract for work or supplies, where the estimated cost
thereof exceeds ten fifty thousand dollars, without first giving
thirty days' notice in one newspaper of general circulation in the
municipal corporation that sealed proposals may be received for
doing the work or furnishing such materials and supplies.
Sec. 2907.27. (A)(1) If a person is charged with a violation
of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or
2907.25 of the Revised Code or with a violation of a municipal
ordinance that is substantially equivalent to any of those
sections, the arresting authorities or a court, upon the request
of the prosecutor in the case or upon the request of the victim
and not later than forty-eight hours after the date on which the
complaint, information, or indictment is filed against the
accused, shall cause the accused to submit to one or more
appropriate tests to determine if the accused is suffering from a
venereal disease.
(2) If the accused is found to be suffering from a venereal
disease in an infectious stage, the accused shall be required to
submit to medical treatment for that disease. The cost of the
medical treatment shall be charged to and paid by the accused who
undergoes the treatment. If the accused is indigent, the court
shall order the accused to report to a facility operated by a city
health district or a general health district for treatment. If the
accused is convicted of or pleads guilty to the offense with which
the accused is charged and is placed under a community control
sanction, a condition of community control shall be that the
offender submit to and faithfully follow a course of medical
treatment for the venereal disease. If the offender does not seek
the required medical treatment, the court may revoke the
offender's community control and order the offender to undergo
medical treatment during the period of the offender's
incarceration and to pay the cost of that treatment.
(B)(1)(a) If a person is charged with a violation of division
(B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04,
2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised
Code or with a violation of a municipal ordinance that is
substantially equivalent to that division or any of those
sections, the court, upon the request of the prosecutor in the
case, upon the request of the victim, or upon the request of any
other person whom the court reasonably believes had contact with
the accused in circumstances related to the violation that could
have resulted in the transmission to that person the human
immunodeficiency virus, shall cause the accused to submit to one
or more tests designated by the director of health under section
3701.241 of the Revised Code to determine if the accused is
infected with HIV. The court, upon the request of the prosecutor
in the case, upon the request of the victim with the agreement of
the prosecutor, or upon the request of any other person with the
agreement of the prosecutor, may cause an accused who is charged
with a violation of any other section of the Revised Code or with
a violation of any other municipal ordinance to submit to one or
more tests so designated by the director of health if the
circumstances of the violation indicate probable cause to believe
that the accused, if the accused is infected with HIV, might have
transmitted HIV to any of the following persons in committing the
violation:
(i) In relation to a request made by the prosecuting
attorney, to the victim or to any other person;
(ii) In relation to a request made by the victim, to the
victim making the request;
(iii) In relation to a request made by any other person, to
the person making the request.
(b) The results of a test performed under division (B)(1)(a)
of this section shall be communicated in confidence to the court,
and the court shall inform the accused of the result. The court
shall inform the victim that the test was performed and that the
victim has a right to receive the results on request. If the test
was performed upon the request of a person other than the
prosecutor in the case and other than the victim, the court shall
inform the person who made the request that the test was performed
and that the person has a right to receive the results upon
request. Additionally, regardless of who made the request that was
the basis of the test being performed, if the court reasonably
believes that, in circumstances related to the violation, a person
other than the victim had contact with the accused that could have
resulted in the transmission of HIV to that person, the court may
inform that person that the test was performed and that the person
has a right to receive the results of the test on request. If the
accused tests positive for HIV, the test results shall be reported
to the department of health in accordance with section 3701.24 of
the Revised Code and to the sheriff, head of the state
correctional institution, or other person in charge of any jail or
prison in which the accused is incarcerated. If the accused tests
positive for HIV and the accused was charged with, and was
convicted of or pleaded guilty to, a violation of section 2907.24,
2907.241, or 2907.25 of the Revised Code or a violation of a
municipal ordinance that is substantially equivalent to any of
those sections, the test results also shall be reported to the law
enforcement agency that arrested the accused, and the law
enforcement agency may use the test results as the basis for any
future charge of a violation of division (B) of any of those
sections or a violation of a municipal ordinance that is
substantially equivalent to division (B) of any of those sections.
No other disclosure of the test results or the fact that a test
was performed shall be made, other than as evidence in a grand
jury proceeding or as evidence in a judicial proceeding in
accordance with the Rules of Evidence. If the test result is
negative, and the charge has not been dismissed or if the accused
has been convicted of the charge or a different offense arising
out of the same circumstances as the offense charged, the court
shall order that the test be repeated not earlier than three
months nor later than six months after the original test.
(2) If an accused who is free on bond refuses to submit to a
test ordered by the court pursuant to division (B)(1) of this
section, the court may order that the accused's bond be revoked
and that the accused be incarcerated until the test is performed.
If an accused who is incarcerated refuses to submit to a test
ordered by the court pursuant to division (B)(1) of this section,
the court shall order the person in charge of the jail or prison
in which the accused is incarcerated to take any action necessary
to facilitate the performance of the test, including the forcible
restraint of the accused for the purpose of drawing blood to be
used in the test.
(3) A state agency, a political subdivision of the state, or
an employee of a state agency or of a political subdivision of the
state is immune from liability in a civil action to recover
damages for injury, death, or loss to person or property allegedly
caused by any act or omission in connection with the performance
of the duties required under division (B)(2) of this section
unless the acts or omissions are with malicious purpose, in bad
faith, or in a wanton or reckless manner.
(C) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "HIV" means the human immunodeficiency virus.
Sec. 3316.04. (A) Within sixty days of the auditor's
declaration under division (A) of section 3316.03 of the Revised
Code, the board of education of the school district shall prepare
and submit to the superintendent of public instruction a financial
plan delineating the steps the board will take to eliminate the
district's current operating deficit and avoid incurring operating
deficits in ensuing years, including the implementation of
spending reductions and shared services agreements with other
political subdivisions for the joint exercise of any power,
performance of any function, or rendering of any service, if so
authorized by statute. The superintendent of public instruction
shall evaluate the initial financial plan, and either approve or
disapprove it within thirty calendar days from the date of its
submission. If the initial financial plan is disapproved, the
state superintendent shall recommend modifications that will
render the financial plan acceptable. No school district board
shall implement a financial plan submitted to the superintendent
of public instruction under this section unless the superintendent
has approved the plan.
(B) Upon request of the board of education of a school
district declared to be in a state of fiscal watch, the auditor of
state and superintendent of public instruction shall provide
technical assistance to the board in resolving the fiscal problems
that gave rise to the declaration, including assistance in
drafting the board's financial plan.
(C) A financial plan adopted under this section may be
amended at any time with the approval of the superintendent. The
board of education of the school district shall submit an updated
financial plan to the superintendent, for the superintendent's
approval, every year that the district is in a state of fiscal
watch. The updated plan shall be submitted in a form acceptable to
the superintendent. The superintendent shall approve or disapprove
each updated plan no later than the anniversary of the date on
which the first such plan was approved.
(D) A school district that has restructured or refinanced a
loan under section 3316.041 of the Revised Code shall be declared
to be in a state of fiscal emergency if any of the following
occurs:
(1) An operating deficit is certified for the district under
section 3313.483 of the Revised Code for any year prior to the
repayment of the restructured or refinanced loan;
(2) The superintendent determines, in consultation with the
auditor of state, that the school district is not satisfactorily
complying with the terms of the financial plan required by this
section;
(3) The board of education of the school district fails to
submit an updated plan that is acceptable to the superintendent
under division (C) of this section.
Sec. 3316.06. (A) Within one hundred twenty days after the
first meeting of a school district financial planning and
supervision commission, the commission shall adopt a financial
recovery plan regarding the school district for which the
commission was created. During the formulation of the plan, the
commission shall seek appropriate input from the school district
board and from the community. This plan shall contain the
following:
(1) Actions to be taken to:
(a) Eliminate all fiscal emergency conditions declared to
exist pursuant to division (B) of section 3316.03 of the Revised
Code;
(b) Satisfy any judgments, past-due accounts payable, and all
past-due and payable payroll and fringe benefits;
(c) Eliminate the deficits in all deficit funds, except that
any prior year deficits in the capital and maintenance fund
established pursuant to section 3315.18 of the Revised Code shall
be forgiven;
(d) Restore to special funds any moneys from such funds that
were used for purposes not within the purposes of such funds, or
borrowed from such funds by the purchase of debt obligations of
the school district with the moneys of such funds, or missing from
the special funds and not accounted for, if any;
(e) Balance the budget, avoid future deficits in any funds,
and maintain on a current basis payments of payroll, fringe
benefits, and all accounts;
(f) Avoid any fiscal emergency condition in the future;
(g) Restore the ability of the school district to market
long-term general obligation bonds under provisions of law
applicable to school districts generally;
(h) Entered into shared services agreements with other
political subdivisions for the joint exercise of any power,
performance of any function, or rendering of any service, if so
authorized by statute.
(2) The management structure that will enable the school
district to take the actions enumerated in division (A)(1) of this
section. The plan shall specify the level of fiscal and management
control that the commission will exercise within the school
district during the period of fiscal emergency, and shall
enumerate respectively, the powers and duties of the commission
and the powers and duties of the school board during that period.
The commission may elect to assume any of the powers and duties of
the school board it considers necessary, including all powers
related to personnel, curriculum, and legal issues in order to
successfully implement the actions described in division (A)(1) of
this section.
(3) The target dates for the commencement, progress upon, and
completion of the actions enumerated in division (A)(1) of this
section and a reasonable period of time expected to be required to
implement the plan. The commission shall prepare a reasonable time
schedule for progress toward and achievement of the requirements
for the plan, and the plan shall be consistent with that time
schedule.
(4) The amount and purpose of any issue of debt obligations
that will be issued, together with assurances that any such debt
obligations that will be issued will not exceed debt limits
supported by appropriate certifications by the fiscal officer of
the school district and the county auditor. Debt obligations
issued pursuant to section 133.301 of the Revised Code shall
include assurances that such debt shall be in an amount not to
exceed the amount certified under division (B) of such section. If
the commission considers it necessary in order to maintain or
improve educational opportunities of pupils in the school
district, the plan may include a proposal to restructure or
refinance outstanding debt obligations incurred by the board under
section 3313.483 of the Revised Code contingent upon the approval,
during the period of the fiscal emergency, by district voters of a
tax levied under section 718.09, 718.10, 5705.194, 5705.21,
5748.02, 5748.08, or 5748.09 of the Revised Code that is not a
renewal or replacement levy, or a levy under section 5705.199 of
the Revised Code, and that will provide new operating revenue.
Notwithstanding any provision of Chapter 133. or sections 3313.483
to 3313.4811 of the Revised Code, following the required approval
of the district voters and with the approval of the commission,
the school district may issue securities to evidence the
restructuring or refinancing. Those securities may extend the
original period for repayment, not to exceed ten years, and may
alter the frequency and amount of repayments, interest or other
financing charges, and other terms of agreements under which the
debt originally was contracted, at the discretion of the
commission, provided that any loans received pursuant to section
3313.483 of the Revised Code shall be paid from funds the district
would otherwise receive under Chapter 3317. of the Revised Code,
as required under division (E)(3) of section 3313.483 of the
Revised Code. The securities issued for the purpose of
restructuring or refinancing the debt shall be repaid in equal
payments and at equal intervals over the term of the debt and are
not eligible to be included in any subsequent proposal for the
purpose of restructuring or refinancing debt under this section.
(B) Any financial recovery plan may be amended subsequent to
its adoption. Each financial recovery plan shall be updated
annually.
(C) Each school district financial planning and supervision
commission shall submit the financial recovery plan it adopts or
updates under this section to the state superintendent of public
instruction for approval immediately following its adoption or
updating. The state superintendent shall evaluate the plan and
either approve or disapprove it within thirty calendar days from
the date of its submission. If the plan is disapproved, the state
superintendent shall recommend modifications that will render it
acceptable. No financial planning and supervision commission shall
implement a financial recovery plan that is adopted or updated on
or after April 10, 2001, unless the state superintendent has
approved it.
Sec. 3709.08. (A) A city constituting board of health of a
city or general health district or the authority having the duties
of a board of health under section 3709.05 of the Revised Code may
enter into a contract for to provide some or all public health
service with the chief executive services for a board of health of
another city constituting a city or general health district or the
authority having the duties of a board of health under section
3709.05 of the Revised Code, if one of the following, as
applicable, is the case:
(1) If the contract is with a city constituting a city health
district, the chief executive of that city, with the approval of a
the majority of the members of the legislative authority of such
that city or with approves the contract.
(2) If the contract is with the board of health of a general
health district, the chairman
chairperson of the district advisory
council of the general health district, with the approval of a
majority of the members of the district advisory council, approves
the contract.
(3) If the contract is with an authority having the duties of
a board of health under section 3709.05 of the Revised Code, the
majority of the members of the authority's governing body approves
the contract. Such proposal shall be made by the city seeking
health service and shall be approved by a majority of the members
of the legislative authority of such city. Such a
(B) Each contract entered into under division (A) of this
section shall do all of the following:
(A)(1) State the amount of money or the proportion of
expenses to be paid by the city board of health or authority
having the duties of a board of health for such service services
and how it is to be paid;
(B) Provide for (2) Specify the amount and character of
health service services to be given to the city health district
provided;
(C)(3) State the date on which such service the provision of
services shall begin;
(D)(4) State the length of time such the contract shall will
be in effect.
No such (C) Except as provided in division (D) of this
section, no contract entered into under division (A) of this
section shall be in effect until the department director of health
determines that the health department or board of health
of the
city or general health district providing such service or
authority having the duties of a board of health that is to
provide the services is organized and equipped to provide adequate
health service the services. After such contract has been approved
by the department of health a determination is made, the board of
health or health department of the city or general health district
authority having the duties of a board of health providing such
service the services shall have, within the
city health district
receiving such service the services, all the powers and shall
perform all the duties required of the board of health of a city
health district or the authority having the duties of a board of
health.
(D) A contract entered into under division (A) of this
section that is for not all but for only one or some public health
services provided by a board of health or the authority having the
duties of a board of health shall be effective immediately. The
effectiveness of such a contract is not dependent on a
determination made by the director of health that is described in
division (C) of this section.
Sec. 3709.28. The (A) If a general health district will
receive any part of its revenue for a fiscal year from an
appropriation apportioned among the townships and municipal
corporations composing the district, the board of health of a
general health the district shall, annually, on or before the
first Monday of April, adopt an itemized appropriation measure.
Such under this section for that fiscal year on or before the
first day of April of the immediately preceding fiscal year. If a
general health district will not receive any part of its revenue
for a fiscal year from an appropriation apportioned among the
townships and municipal corporations composing the district, the
board of health of the district shall adopt an annual
appropriation measure for that fiscal year under this section or
sections 5705.38, 5705.39, and 5705.40 of the Revised Code.
(B) An appropriation measure adopted under this section shall
set forth the amounts for the current expenses of
such the
district for the ensuing fiscal year beginning on the first day of
January next ensuing. The appropriation measure, together with an
estimate in itemized form, of the several sources of revenue
available to the district, including the amount due from the state
for the next fiscal year as provided in section 3709.32 of the
Revised Code and the amount which the board anticipates will be
collected in fees or from any tax levied for the benefit of the
district under this chapter or Chapter 5705. of the Revised Code
during the next ensuing fiscal year, shall be certified to the
county auditor and by the county auditor submitted to the county
budget commission, which may reduce any item in such the
appropriation measure but may not increase any item or the
aggregate of all items to be apportioned among the townships and
municipal corporations composing the district in accordance with
division (C) of this section.
(C) The aggregate appropriation, as fixed by the commission,
less the amounts available to the general health district from
the
several all sources of revenue, including the estimated balance
from the previous appropriation certified for the ensuing fiscal
year, including any amounts in the district health fund that will
be carried forward to the ensuing fiscal year as needed to fund
ongoing operations in the ensuing fiscal year, shall be
apportioned, by the county auditor among the townships and
municipal corporations composing the health district on the basis
of taxable valuations in such townships and municipal
corporations. The auditor, when making the auditor's semiannual
apportionment of funds, shall retain at each semiannual
apportionment one-half of the amount apportioned to each township
and municipal corporation. Such moneys and all other sources of
revenue shall be placed in a separate fund, to be known as the
"district health fund." When Unless otherwise required by a
provision of the Revised Code or a rule adopted pursuant thereto,
all other sources of revenue of the district shall be placed in
the district health fund, provided that the revenue is used and
maintained in accordance with the purpose for which the revenue
was received.
(D) When a general health district is composed of townships
and municipal corporations in two or more counties, the county
auditor making the original apportionment shall certify to the
auditor of each county concerned the amount apportioned to each
township and municipal corporation in such county. Each auditor
shall withhold from the semiannual apportionment to each such
township or municipal corporation the amount certified, and shall
pay the amounts withheld to the custodian of the funds of the
health district concerned, to be credited to the district health
fund. In making the apportionment under this paragraph for each
year from 2002 through 2016, the county auditor shall add to the
taxable valuation of each township and municipal corporation the
tax value loss determined for each township and municipal
corporation under divisions (D) and (E) of section 5727.84 of the
Revised Code multiplied by the percentage used for that year in
determining replacement payments under division (A)(1) of section
5727.86 of the Revised Code. The tax commissioner shall certify to
the county auditor the tax value loss for each township and
municipal corporation for which the auditor must make an
apportionment.
(E) Subject to the aggregate amount as has been apportioned
among the townships and municipalities and as may become available
from the several sources of revenue, the board of health may, by
resolution, transfer funds from one item in their appropriation to
another item, reduce or increase any item, create new items, and
make additional appropriations or reduce the total appropriation.
Any such action shall forthwith be certified by the secretary of
the board of health to the auditor for submission to and approval
by the budget commission.
(F) When any general health district has been united with or
has contracted with a city health district located therein, the
chief executive of the city shall, annually, on or before the
first day of June, certify to the county auditor the total amount
due for the ensuing fiscal year from the municipal corporations
and townships in the district as provided in the contract between
such city and the district advisory council of the original
general health district. After approval by the county budget
commission, the county auditor shall thereupon apportion the
amount certified to the townships and municipal corporations, and
shall withhold the sums apportioned as provided in this section.
Sec. 3709.34. (A) The board of county commissioners or the
legislative authority of any city may furnish suitable quarters
for any board of health or health department having jurisdiction
over all or a major part of such county or that city.
(B)(1) Subject to division (B)(6) of this section, a board of
county commissioners shall provide office space and utilities
through fiscal year 2013 for the board of health having
jurisdiction over the county's general health district.
Thereafter, subject to division (B)(6) of this section, the board
of county commissioners shall make payments as provided in
division (B)(3) of this section for the office space and utilities
until fiscal year 2018. Starting in fiscal year 2018, the board
has no duty to provide the office space or utilities, or to make
payments for the office space or utilities, for the board of
health of the county's general health district.
(2)(a) Not later than the thirtieth day of September 2012,
2013, 2014, and 2015, the board of county commissioners shall make
a written estimate of the total cost for the ensuing fiscal years
2014, 2015, 2016, and 2017, respectively, to provide office space
and utilities to the board of health of the county's general
health district. The estimate of total cost shall include all of
the following:
(i) The total square feet of space to be used by the board of
health;
(ii) The total square feet of any common areas that should be
reasonably allocated to the board of health and the method for
making this allocation;
(iii) The actual cost per square foot for both the space used
by and the common areas allocated to the board of health;
(iv) An explanation of the method used to determine the
actual cost per square foot;
(v) The estimated cost of providing utilities, including an
explanation of how this cost was determined;
(vi) Any other estimated costs the board of county
commissioners anticipates will be incurred to provide office space
and utilities to the board of health, including a detailed
explanation of those costs and the rationale used to determine
them.
(b) The board of county commissioners shall forward a copy of
the estimate of total cost to the director of the board of health
not later than the fifth day of October 2012, 2013, 2014, and
2015. The director shall review the estimate and, not later than
twenty days after its receipt, notify the board of county
commissioners that the director agrees with the estimate, or
objects to it giving specific reasons for the objections.
(c) If the director agrees with the estimate, it shall become
the final estimate of total cost. Failure of the director to make
objections to the estimate by the twentieth day after its receipt
shall be deemed to mean that the director is in agreement with the
estimate.
(d) If the director timely objects to the estimate and
provides specific objections to the board of county commissioners,
the board shall review the objections and may modify the original
estimate and send a revised estimate of total cost to the director
within ten days after receipt of the objections. The director
shall respond to a revised estimate within ten days after its
receipt. If the director agrees with it, the revised estimate
shall become the final estimate of total cost. If the director
fails to respond within the ten-day period, the director shall be
deemed to have agreed with the revised estimate. If the director
disagrees with the revised estimate, the director shall send
specific objections to the board of county commissioners within
the ten-day period.
(e) If the director timely objected to the original estimate
or sends specific objections to a revised estimate within the
required time, or if there is no revised estimate, the probate
judge of the county shall determine the final estimate of total
cost and certify this amount to the director and the board of
county commissioners before the first day of January 2013, 2014,
2015, or 2016, as applicable.
(3)(a) Subject to division (B)(6) of this section, a board of
county commissioners shall be responsible for the following
percentages of the final estimate of total cost established by
division (B)(2) of this section:
(i) Eighty per cent for fiscal year 2014;
(ii) Sixty per cent for fiscal year 2015;
(iii) Forty per cent for fiscal year 2016;
(iv) Twenty per cent for fiscal year 2017.
(b) In fiscal years 2014, 2015, 2016, and 2017, the board of
health of the county's general health district shall be
responsible for the payment of the remainder of any costs incurred
in excess of the amount payable under division (B)(3)(a)(i), (ii),
(iii), or (iv) of this section, as applicable, for the provision
of office space and utilities for the board of health, including
any unanticipated or unexpected increases in costs beyond the
final estimate of total cost.
(c) Beginning in fiscal year 2018, the board of county
commissioners has no obligation to provide office space or
utilities, or to make payments for office space or utilities, for
the board of health.
(4) After fiscal year 2017, the board of county commissioners
and the board of health of the county's general health district
may enter into a contract for the board of county commissioners to
provide office space for the use of the board of health and to
provide utilities for that office space. The term of the contract
shall not exceed four years and may be renewed for additional
periods not to exceed four years.
(5) Notwithstanding divisions (B)(1) to (4) of this section,
in any fiscal year the board of county commissioners, in its
discretion, may provide office space and utilities for the board
of health of the county's general health district free of charge.
(6) If the board of health of a general health district
rents, leases, lease-purchases, or otherwise acquires office space
to facilitate the performance of its functions, or constructs,
enlarges, renovates, or otherwise modifies buildings or other
structures to provide office space to facilitate the performance
of its functions, the board of county commissioners of the county
served by the general health district has no further obligation
under division (B) of this section to provide office space or
utilities, or to make payments for office space or utilities, for
the board of health, unless the board of county commissioners
enters into a contract with the board of health under division
(B)(4) of this section, or exercises its option under division
(B)(5) of this section.
Sec. 3709.36. The board of health of a city or general
health district hereby created shall exercise all the powers and
perform all the duties formerly conferred and imposed by law upon
the board of health of a municipal corporation, and all such
powers, duties, procedure, and penalties for violation of the
sanitary regulations of a board of health of a municipal
corporation are transferred to the board of health of a city or
general health district by sections 3701.10, 3701.29, 3701.81,
3707.08, 3707.14, 3707.16, 3707.47, and 3709.01 to 3709.36 of the
Revised Code.
The board of health of a city or general health district or
the authority having the duties of a board of health under section
3709.05 of the Revised Code shall, for the purpose of providing
public health services, be a body politic and corporate. As such,
it is capable of suing and being sued, contracting and being
contracted with, acquiring, holding, possessing, and disposing of
real and personal property, and taking and holding in trust for
the use and benefit of such district or authority any grant or
devise of land and any domain or bequest of money or other
personal property.
Sec. 4123.41. (A) By the first day of January of each year,
the bureau of workers' compensation shall furnish to the county
auditor of each county and the chief fiscal officer of each taxing
district in a county and of each district activity and institution
mentioned in section 4123.39 of the Revised Code forms containing
the premium rates applicable to the county, district, district
activity, or institution as an employer, on which to report the
amount of money expended by the county, district, district
activity, or institution during the previous twelve calendar
months for the services of employees under this chapter.
(B) Each county auditor and each fiscal officer of a
district, district activity, and institution shall calculate on
the form it receives from the bureau under division (A) of this
section the premium due as its proper contribution to the public
insurance fund and issue a warrant in favor of the bureau for the
amount due from the county, district, district activity, or
institution to the public insurance fund according to the
following schedule:
(1) On or before the fifteenth day of May of each year, no
less than forty-five per cent of the amount due;
(2) On or before the first day of September of each year, no
less than the total amount due.
(C) The legislative body of any county, district, district
activity, or institution may reimburse the fund from which the
contribution is workers' compensation payments are made by
transferring to the fund from any other fund of the county,
district, district activity, or institution, the proportionate
amount of the contribution payments that should be chargeable to
the fund, whether the fund is derived from taxation or otherwise.
The proportionate amount of the contribution payments chargeable
to the fund may be based on payroll, relative exposure, relative
loss experience, or any combination of these factors, as
determined by the legislative body. Within
(1) The workers' compensation program payments of any county,
district, district activity, or institution may include any of the
following:
(a) All payments required by any bureau of workers'
compensation rating plan;
(b) Direct administrative costs incurred in the management of
the county, district, district activity, or institution's workers'
compensation program;
(c) Indirect costs that are necessary and reasonable for the
proper and efficient administration of the workers' compensation
program as documented in a cost allocation plan. The indirect cost
plan shall conform to the United States office of management and
budget circular A-87 "cost principles for state and local
governments," 2 C.F.R. 225, as most recently amended on May 10,
2004. The plan shall not authorize payment from the fund of any
general government expense required to carry out the overall
governmental responsibilities.
(2) Within sixty days before a legislative body changes the
method used for calculating the proportionate amount of the
contribution payments chargeable to the fund, it shall notify,
consult with, and give information supporting the change to any
elected official affected by the change. A transfer made pursuant
to division (B)(2) of this section is not subject to section
5705.16 of the Revised Code.
(C)(D) The bureau may investigate the correctness of the
information provided by the county auditor and chief fiscal
officer under division (B) of this section, and if the bureau
determines at any time that the county, district, district
activity, or institution has not reported the correct information,
the administrator of workers' compensation may make deductions or
additions as the facts warrant and take those facts into
consideration in determining the current or future contributions
to be made by the county, district, district activity, or
institution. If the county, district, district activity, or
institution does not furnish the report in the time required by
this section, the administrator may fix the amount of contribution
the county, district, district activity, or institution must make
and certify that amount for payment.
(D)(E) The administrator shall provide a discount to any
county, district, district activity, or institution that pays its
total amount due to the public insurance fund on or before the
fifteenth day of May of each year as its proper contribution for
premiums. The administrator shall base the discount provided under
this division on the savings generated by the early payment to the
public insurance fund. The administrator may provide the discount
through a refund to the county, district, district activity, or
institution or an offset against the future contributions due to
the public insurance fund from the county, district, district
activity, or institution.
(E)(F) The administrator may impose an interest penalty for
late payment of any amount due from a county, district, district
activity, and institution at the interest rate established by the
state tax commissioner pursuant to section 5703.47 of the Revised
Code.
Sec. 5101.01. (A) As used in the Revised Code, the
"department of public welfare" and the "department of human
services" mean the department of job and family services and the
"director of public welfare" and the "director of human services"
mean the director of job and family services. Whenever the
department or director of public welfare or the department or
director of human services is referred to or designated in any
statute, rule, contract, grant, or other document, the reference
or designation shall be deemed to refer to the department or
director of job and family services, as the case may be.
(B) As used in this chapter of the Revised Code:
(1) References to counties or to a county departments
department of job and family services include the a joint county
department of job and family services established under section
329.40 of the Revised Code.
(2) References to boards a board of county commissioners
include
boards the board of directors of the a joint county
department of job and family services established under section
329.40 of the Revised Code.
Sec. 5705.392. (A) A board of county commissioners may adopt
as a part of its annual appropriation measure a spending plan, or
in the case of an amended appropriation measure, an amended
spending plan, setting forth a quarterly schedule of expenses and
expenditures of all appropriations for the fiscal year from the
county general fund. The spending plan shall be classified to set
forth separately a quarterly schedule of expenses and expenditures
for each office, department, and division, and within each, the
amount appropriated for personal services. Each office,
department, and division shall be limited in its expenses and
expenditures of moneys appropriated from the general fund during
any quarter by the schedule established in the spending plan. The
schedule established in the spending plan shall serve as a
limitation during a quarter on the making of contracts and giving
of orders involving the expenditure of money during that quarter
for purposes of division (D) of section 5705.41 of the Revised
Code.
(B)(1) A board of county commissioners, by resolution, may
adopt a spending plan or an amended spending plan setting forth
separately a quarterly schedule of expenses and expenditures of
appropriations from any county fund, except as provided in
division (C) of this section, for the second half of a fiscal year
and any subsequent fiscal year, for any county office, department,
or division that has spent or encumbered more than six-tenths of
the amount appropriated for personal services and payrolls during
the first half of any fiscal year.
(2) During any fiscal year, a board of county commissioners,
by resolution, may adopt a spending plan or an amended spending
plan setting forth separately a quarterly schedule of expenses and
expenditures of appropriations from any county fund, except as
provided in division (C) of this section, for any county office,
department, or division that, during the previous fiscal year,
spent one hundred ten per cent or more of the total amount
appropriated for personal services and payrolls by the board in
its annual appropriation measure required by section 5705.38 of
the Revised Code. The spending plan or amended spending plan shall
remain in effect for not more than two fiscal years, or until. But
if the county administrating officer of the office, department, or
division for which the plan was adopted is no longer in office,
including terms of office to which the county officer is
re-elected, whichever is later an elected official, the spending
plan shall not be in effect during a fiscal year in which that
elected official is no longer the administrator of that office,
department, or division.
(3) At least thirty days before adopting a resolution under
division (B)(1) or (2) of this section, the board of county
commissioners shall provide written notice to each county office,
department, or division for which it intends to adopt a spending
plan or an amended spending plan. The notice shall be sent by
regular first class mail or provided by personal service, and
shall include a copy of the proposed spending plan or proposed
amended spending plan. The county office, department, or division
may meet with the board at any regular session of the board to
comment on the notice, or to express concerns or ask questions
about the proposed spending plan or proposed amended spending
plan.
(C) Division (B) of this section shall not apply to any fund
that is subject to rules adopted by the tax commissioner under
division (O) of section 5703.05 of the Revised Code.
Sec. 6115.20. (A) When it is determined to let the work
relating to the improvements for which a sanitary district was
established by contract, contracts in amounts to exceed ten fifty
thousand dollars shall be advertised after notice calling for bids
has been published once a week for five consecutive weeks
completed on the date of last publication or as provided in
section 7.16 of the Revised Code, in a newspaper of general
circulation within the sanitary district where the work is to be
done. The board of directors of the sanitary district shall let
bids as provided in this section or, if applicable, section 9.312
of the Revised Code. If the bids are for a contract for the
construction, demolition, alteration, repair, or reconstruction of
an improvement, the board of directors of the sanitary district
shall let the contract to the lowest or best bidder who meets the
requirements of section 153.54 of the Revised Code. If the bids
are for a contract for any other work relating to the improvements
for which a sanitary district was established, the board of
directors of the sanitary district shall let the contract to the
lowest or best bidder who gives a good and approved bond, with
ample security, conditioned on the carrying out of the contract
and the payment for all labor and material. The contract shall be
in writing and shall be accompanied by or shall refer to plans and
specifications for the work to be done prepared by the chief
engineer. The plans and specifications at all times shall be made
and considered a part of the contract. The contract shall be
approved by the board and signed by the president of the board and
by the contractor and shall be executed in duplicate. In case of
emergency the advertising of contracts may be waived upon the
consent of the board with the approval of the court or judge in
vacation.
(B) In the case of a sanitary district organized wholly for
the purpose of providing a water supply for domestic, municipal,
and public use that includes two municipal corporations in two
counties, any service to be purchased, including the services of
an accountant, architect, attorney at law, physician, or
professional engineer, at a cost in excess of ten fifty thousand
dollars shall be obtained in the manner provided in sections
153.65 to 153.73 of the Revised Code. For the purposes of the
application of those sections to division (B) of this section, all
of the following apply:
(1) "Public authority," as used in those sections, shall be
deemed to mean a sanitary district organized wholly for the
purpose of providing a water supply for domestic, municipal, and
public use that includes two municipal corporations in two
counties;
(2) "Professional design firm," as used in those sections,
shall be deemed to mean any person legally engaged in rendering
professional design services as defined in division (B)(3) of this
section;
(3) "Professional design services," as used in those
sections, shall be deemed to mean accounting, architectural,
legal, medical, or professional engineering services;
(4) The use of other terms in those sections shall be adapted
accordingly, including, without limitation, for the purposes of
division (D) of section 153.67 of the Revised Code;
(5) Divisions (A) to (C) of section 153.71 of the Revised
Code do not apply.
(C) The board of directors of a district organized wholly for
the purpose of providing a water supply for domestic, municipal,
and public use may contract for, purchase, or otherwise procure
for the benefit of employees of the district and pay all or any
part of the cost of group insurance policies that may provide
benefits, including, but not limited to, hospitalization, surgical
care, major medical care, disability, dental care, vision care,
medical care, hearing aids, or prescription drugs. Any group
insurance policy purchased under this division shall be purchased
from the health care corporation that the board of directors
determines offers the most cost-effective group insurance policy.
Section 2. That existing sections 118.023, 118.06, 120.53,
305.171, 319.59, 329.01, 329.40, 329.41, 329.42, 329.43, 329.44,
329.45, 329.46, 330.04, 723.52, 723.53, 731.141, 735.05, 737.03,
749.26, 749.28, 749.31, 753.15, 755.29, 755.30, 2907.27, 3316.04,
3316.06, 3709.08, 3709.28, 3709.34, 3709.36, 4123.41, 5101.01,
5705.392, and 6115.20 and section 3709.081 of the Revised Code are
hereby repealed.
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