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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 248
2025-2026
Representative Thomas, D.
To
amend sections 9.35, 117.11, 117.38, 117.44, 127.16, 149.10, 149.30,
169.13, 306.43, 307.86, 308.13, 317.06, 317.20, 319.04, 321.03,
501.09, 501.11, 507.12
,
703.34
,
731.14, 731.141, 733.81, 735.05, 749.31, 1533.13, 3313.27, 3314.011,
3315.18, 3315.181, 3317.035, 3318.48, 3328.16, 3375.39, 3375.92,
3381.11, 3709.15, 3717.071, 5117.12, 5310.06, 5705.12, 5705.121,
5923.30, and 6101.55 and to repeal sections 117.113, 117.251,
117.441, 117.51, 501.03, 3314.50, 4115.31, 4115.32, 4115.33, 4115.34,
4115.35, and 4115.36 of the Revised Code
to
make various changes regarding the Auditor of State.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 9.35, 117.11, 117.38, 117.44, 127.16, 149.10, 149.30,
169.13, 306.43, 307.86, 308.13, 317.06, 317.20, 319.04, 321.03,
501.09, 501.11, 507.12
,
703.34
,
731.14, 731.141, 733.81, 735.05, 749.31, 1533.13, 3313.27, 3314.011,
3315.18, 3315.181, 3317.035, 3318.48, 3328.16, 3375.39, 3375.92,
3381.11, 3709.15, 3717.071, 5117.12, 5310.06, 5705.12, 5705.121,
5923.30, and 6101.55 of the Revised Code be amended to read as
follows:
Sec.
9.35.
(A)
As used in this section, "public official" means an elected
or appointed officer, employee, or agent of any political
subdivision, board, commission, bureau, or other public body
established by law who is permitted or required in the performance of
his
official
duties to issue checks, keep books and records, prepare and preserve
payroll and other employee records, and make reports or perform other
similar duties.
(B)
Any public official may contract for and engage the services of a
financial institution, or other person engaged in the business or
capable of rendering electronic data processing or computer services,
to perform the mechanical, clerical, or record-keeping services
necessary in the performance of
his
official
duties. Such services may include, but are not limited to, the
preparation of payroll and other records, the preparation, signing,
and issuance of checks, the preparation of reports and accounts, and
the performance of all similar duties.
(C)
A contract authorized by division (B) of this section may be entered
into only:
(1)
If the surety bond required of such public official includes within
its coverage any loss which might occur as the result of such
contract;
(2)
Pursuant to a resolution duly adopted by the governing board,
commission, bureau, or other public body having jurisdiction over
such public official authorizing a contract for the performance of
such services;
(3)
If the contract does not conflict with the accounting requirements
prescribed by the auditor of state under section 117.43 of the
Revised Code or with accounting procedures prescribed by the director
of budget and management under section 126.21 of the Revised Code
;
(4)
If assurances satisfactory to the auditor of state are furnished by
both the financial institution, or other person engaged in the
business or capable of rendering electronic data processing or
computer services, and the public official that the books and records
of the public official in the possession of the person performing
such
.
(D)
Such
services
shall
be
are
subject
to audit by the auditor of state to the same extent as if such
services were being performed by the public official
himself
.
(D)
(E)
A public official, at the request of a person to whom the political
subdivision, board, commission, bureau, or other public body is
indebted and to whom payment is to be made, may send a check to a
bank representing the amount due such person for credit to
his
the
person's
account in the bank subject to the following conditions:
(1)
The person to whom payment is to be made provides the public official
with a written request
on a form approved by the auditor of state which
that
designates
the bank and contains the endorsement of such bank thereon stating
its willingness to act in this respect as agent of such person;
(2)
In the event that there are two or more persons who designate the
same bank and payments are due to such persons on the same regularly
recurring dates, the public official may draw a single check for the
total amount due all such persons in favor of the bank for credit to
the accounts of the several persons;
(3)
Payment of a check drawn in favor of and properly endorsed by the
bank designated by a person to whom payment is to be made constitutes
a full acquittance to the public official for the amount of such
payment.
(E)
(F)
Nothing contained in this section relieves such public official from
the primary responsibility for the maintenance of the records and
performance of the duties of
his
office.
Sec.
117.11.
(A)
Except as otherwise provided in this division and in
sections
section
117.112
and
117.113
of
the Revised Code, the auditor of state shall audit each public office
at least once every two fiscal years. The auditor of state shall
audit a public office each fiscal year if that public office is
required to be audited on an annual basis pursuant to "The
Single Audit Act of 1984," 98 Stat. 2327, 31 U.S.C.A. 7501 et
seq., as amended. In the annual or biennial audit, inquiry shall be
made into the methods, accuracy, and legality of the accounts,
financial reports, records, files, and reports of the office, whether
the laws, rules, ordinances, and orders pertaining to the office have
been observed, and whether the requirements and rules of the auditor
of state have been complied with. Except as otherwise provided in
this division or where auditing standards or procedures dictate
otherwise, each audit shall cover at least one fiscal year. If a
public office is audited only once every two fiscal years, the audit
shall cover both fiscal years.
(B)
In addition to the annual or biennial audit provided for in division
(A) of this section, the auditor of state may conduct an audit of a
public office at any time when so requested by the public office or
upon the auditor of state's own initiative if the auditor of state
has reasonable cause to believe that an additional audit is in the
public interest.
(C)(1)
The auditor of state shall identify any public office in which the
auditor of state will be unable to conduct an audit at least once
every two fiscal years as required by division (A) of this section
and shall provide immediate written notice to the clerk of the
legislative authority or governing board of the public office so
identified. Within six months of the receipt of such notice, the
legislative authority or governing board may engage an independent
certified public accountant to conduct an audit pursuant to section
117.12 of the Revised Code.
(2)
When the chief fiscal officer of a public office notifies the auditor
of state that an audit is required at a time prior to the next
regularly scheduled audit by the auditor of state, the auditor of
state shall either cause an earlier audit to be made by the auditor
of state or authorize the legislative authority or governing board of
the public office to engage an independent certified public
accountant to conduct the required audit. The scope of the audit
shall be as authorized by the auditor of state.
(3)
The auditor of state shall approve the scope of an audit under
division (C)(1) or (2) of this section as set forth in the contract
for the proposed audit before the contract is executed on behalf of
the public office that is to be audited. The independent accountant
conducting an audit under division (C)(1) or (2) of this section
shall be paid by the public office.
(4)
The contract for attest services with an independent accountant
employed pursuant to this section or section 117.115 of the Revised
Code may include binding arbitration provisions, provisions of
Chapter 2711. of the Revised Code, or any other alternative dispute
resolution procedures to be followed in the event a dispute remains
between the state or public office and the independent accountant
concerning the terms of or services under the contract, or a breach
of the contract, after the administrative provisions of the contract
have been exhausted.
(D)
If a uniform accounting network is established under section 117.101
of the Revised Code, the auditor of state or a certified public
accountant employed pursuant to this section or section 117.112 or
117.115 of the Revised Code shall, to the extent practicable, utilize
services offered by the network in order to conduct efficient and
economical audits of public offices.
(E)
The auditor of state, in accordance with division (A)(3) of section
9.65 of the Revised Code and this section, may audit an annuity
program for volunteer fire fighters established by a political
subdivision under section 9.65 of the Revised Code. As used in this
section, "volunteer fire fighters" and "political
subdivision" have the same meanings as in division (C) of
section 9.65 of the Revised Code.
(F)
The auditor of state may establish by rule an agreed-upon procedure
by which political subdivisions may be audited. The rules shall set
forth the standards, procedures, guidelines, and reporting
requirements for an agreed-upon procedure audit.
Sec.
117.38.
(A)
Each public office, other than a state agency, shall file a financial
report for each fiscal year. The auditor of state may prescribe forms
by rule or may issue guidelines, or both, for such reports. If the
auditor of state has not prescribed a rule regarding the form for the
report, the public office shall submit its report on the form
utilized by the public office.
(B)
The report shall be certified by the proper officer or board and
filed with the auditor of state within sixty days after the close of
the fiscal year, except that public offices reporting pursuant to
generally accepted accounting principles shall file their reports
within one hundred fifty days after the close of the fiscal year. The
auditor of state may extend the deadline for filing a financial
report and establish terms and conditions for any such extension. At
the time the report is filed with the auditor of state, the chief
fiscal officer, except as otherwise provided in section 319.11 of the
Revised Code, shall publish notice in a newspaper published in the
political subdivision or taxing district, and if there is no such
newspaper, then in a newspaper of general circulation in the
political subdivision or taxing district. The notice shall state that
the financial report has been completed by the public office and is
available for public inspection at the office of the chief fiscal
officer.
(C)
The report shall contain the following:
(1)
Amount of collections and receipts, and accounts due from each
source;
(2)
Amount of expenditures for each purpose;
(3)
Income of each public service industry owned or operated by a
municipal corporation, and the cost of such ownership or operation;
(4)
Amount of public debt of each taxing district, the purpose for which
each item of such debt was created, and the provision made for the
payment thereof
;
(5)
Budgetary comparison information as required by the applicable
reporting framework or as prescribed by the auditor of state
.
(D)
Any public office, other than a state agency, that does not file its
financial report at the time required by this section shall pay to
the auditor of state twenty-five dollars for each day the report
remains unfiled after the filing date; provided, that the penalty
payments shall not exceed the sum of seven hundred fifty dollars. The
auditor of state may waive all or any part of the penalty assessed
under this section upon the filing of the past due financial report.
All sums collected from such penalties shall be placed in the public
audit expense fund--local government. If the auditor of state fails
to receive payment for penalties not paid within one year from the
required filing date, the auditor may recover the penalties through
the process in division (D) of section 117.13 of the Revised Code.
(E)
Every county agency, board, or commission shall provide to the county
auditor, not later than the first day of March each year unless a
later date is authorized by the county auditor, all information
determined by the county auditor to be necessary for the preparation
of the report required by this section.
(F)
The auditor of state shall publish the substance of the report
submitted under this section in an electronic format that is
available to the public.
Sec.
117.44.
To
enhance local officials' background and working knowledge of
government accounting, budgeting and financing, financial report
preparation, and the rules adopted by the auditor of state, the
auditor of state shall hold training programs for persons elected for
the first time as township fiscal officers, city auditors, and
village clerks, between the first day of December and the first day
of April immediately following a general election for any of these
offices. Similar training may also be provided to any township fiscal
officer, city auditor, or village clerk who is appointed to fill a
vacancy or who is elected in a special election.
The
auditor of state also shall develop and provide an annual training
program of continuing education for village clerks.
The
auditor of state shall determine the manner, content, and length of
the training programs after consultation with appropriate statewide
organizations of local governmental officials. The auditor of state
shall charge the political subdivisions that the trainees represent a
registration fee that will meet actual and necessary expenses of the
training, including instructor fees, site acquisition costs, and the
cost of course materials. The necessary personal expenses incurred by
the officials as a result of attending the training program shall be
borne by the political subdivisions they represent.
The
auditor of state shall allow any other interested person to attend
any of the training programs that the auditor of state holds pursuant
to this section; provided, that before attending any such training
program, the interested person shall pay to the auditor of state the
full registration fee that the auditor of state has set for the
training program.
The
auditor of state may provide any other appropriate training or
educational programs that may be developed and offered by the auditor
of state or in collaboration with one or more other state agencies,
political subdivisions, or other public or private entities.
There
is hereby established in the state treasury the auditor of state
training program fund, to be used by the auditor of state for the
actual and necessary expenses of any training programs held pursuant
to this section
,
section 117.441,
or section 321.46 of the Revised Code. All registration fees
collected under this section shall be paid into the fund.
Sec.
127.16.
(A)
Upon the request of either a state agency or the director of budget
and management and after the controlling board determines that an
emergency or a sufficient economic reason exists, the controlling
board may approve the making of a purchase without competitive
selection as provided in division (B) of this section.
(B)
Except as otherwise provided in this section, no state agency, using
money that has been appropriated to it directly, shall:
(1)
Make any purchase from a particular supplier, that would amount to
fifty thousand dollars or more when combined with both the amount of
all disbursements to the supplier during the fiscal year for
purchases made by the agency and the amount of all outstanding
encumbrances for purchases made by the agency from the supplier,
unless the purchase is made by competitive selection or with the
approval of the controlling board;
(2)
Lease real estate from a particular supplier, if the lease would
amount to seventy-five thousand dollars or more when combined with
both the amount of all disbursements to the supplier during the
fiscal year for real estate leases made by the agency and the amount
of all outstanding encumbrances for real estate leases made by the
agency from the supplier, unless the lease is made by competitive
selection or with the approval of the controlling board.
(C)
Any person who authorizes a purchase in violation of division (B) of
this section shall be liable to the state for any state funds spent
on the purchase, and the attorney general shall collect the amount
from the person.
(D)
Nothing in division (B) of this section shall be construed as:
(1)
A limitation upon the authority of the director of transportation as
granted in sections 5501.17, 5517.02, and 5525.14 of the Revised
Code;
(2)
Applying to medicaid provider agreements under the medicaid program;
(3)
Applying to the purchase of examinations from a sole supplier by a
state licensing board under Title XLVII of the Revised Code;
(4)
Applying to entertainment contracts for the Ohio state fair entered
into by the Ohio expositions commission, provided that the
controlling board has given its approval to the commission to enter
into such contracts and has approved a total budget amount for such
contracts as agreed upon by commission action, and that the
commission causes to be kept itemized records of the amounts of money
spent under each contract and annually files those records with the
clerk of the house of representatives and the clerk of the senate
following the close of the fair;
(5)
Limiting the authority of the chief of the division of mineral
resources management to contract for reclamation work with an
operator mining adjacent land as provided in section 1513.27 of the
Revised Code;
(6)
Applying to investment transactions and procedures of any state
agency, except that the agency shall file with the board the name of
any person with whom the agency contracts to make, broker, service,
or otherwise manage its investments, as well as the commission, rate,
or schedule of charges of such person with respect to any investment
transactions to be undertaken on behalf of the agency. The filing
shall be in a form and at such times as the board considers
appropriate.
(7)
Applying to purchases made with money for the per cent for arts
program established by section 3379.10 of the Revised Code;
(8)
Applying to purchases made by the opportunities for Ohioans with
disabilities agency of services, or supplies, that are provided to
persons with disabilities, or to purchases made by the agency in
connection with the eligibility determinations it makes for
applicants of programs administered by the social security
administration;
(9)
Applying to payments by the department of medicaid under section
5164.85 of the Revised Code for group health plan premiums,
deductibles, coinsurance, and other cost-sharing expenses;
(10)
Applying to any agency of the legislative branch of the state
government;
(11)
Applying to agreements or contracts entered into under section
5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the Revised Code;
(12)
Applying to purchases of services by the adult parole authority under
section 2967.14 of the Revised Code or by the department of youth
services under section 5139.08 of the Revised Code;
(13)
Applying to dues or fees paid for membership in an organization or
association;
(14)
Applying to purchases of utility services pursuant to section 9.30 of
the Revised Code;
(15)
Applying to purchases made in accordance with rules adopted by the
department of administrative services of motor vehicle, aviation, or
watercraft fuel, or emergency repairs of such vehicles;
(16)
Applying to purchases of tickets for passenger air transportation;
(17)
Applying to purchases necessary to provide public notifications
required by law or to provide notifications of job openings;
(18)
Applying to the judicial branch of state government;
(19)
Applying to purchases of liquor for resale by the division of liquor
control;
(20)
Applying to purchases of motor courier and freight services made in
accordance with department of administrative services rules;
(21)
Applying to purchases from the United States postal service and
purchases of stamps and postal meter replenishment from vendors at
rates established by the United States postal service;
(22)
Applying to purchases of books, periodicals, pamphlets, newspapers,
maintenance subscriptions, and other published materials;
(23)
Applying to purchases from other state agencies, including
state-assisted institutions of higher education or the Ohio history
connection;
(24)
Applying to purchases from a qualified nonprofit agency pursuant to
sections 125.60 to 125.6012
or 4115.31 to 4115.35
of the Revised Code;
(25)
Applying to payments by the department of job and family services to
the United States department of health and human services for
printing and mailing notices pertaining to the tax refund offset
program of the internal revenue service of the United States
department of the treasury;
(26)
Applying to contracts entered into by the department of developmental
disabilities under section 5123.18 of the Revised Code;
(27)
Applying to payments made by the department of mental health and
addiction services under a physician recruitment program authorized
by section 5119.185 of the Revised Code;
(28)
Applying to contracts entered into with persons by the director of
commerce for unclaimed funds collection and remittance efforts as
provided in division (G) of section 169.03 of the Revised Code. The
director shall keep an itemized accounting of unclaimed funds
collected by those persons and amounts paid to them for their
services.
(29)
Applying to purchases made by a state institution of higher education
in accordance with the terms of a contract between the vendor and an
inter-university purchasing group comprised of purchasing officers of
state institutions of higher education;
(30)
Applying to the department of medicaid's purchases of health
assistance services under the children's health insurance program;
(31)
Applying to payments by the attorney general from the reparations
fund to hospitals and other emergency medical facilities for
performing medical examinations to collect physical evidence pursuant
to section 2907.28 of the Revised Code;
(32)
Applying to contracts with a contracting authority or administrative
receiver under division (B) of section 5126.056 of the Revised Code;
(33)
Applying to purchases of goods and services by the department of
veterans services in accordance with the terms of contracts entered
into by the United States department of veterans affairs;
(34)
Applying to payments by the superintendent of the bureau of criminal
identification and investigation to the federal bureau of
investigation for criminal records checks pursuant to section 109.572
of the Revised Code;
(35)
Applying to contracts entered into by the department of medicaid
under section 5164.47 of the Revised Code;
(36)
Applying to contracts entered into under section 5160.12 of the
Revised Code;
(37)
Applying to payments to the Ohio history connection from other state
agencies.
(E)
When determining whether a state agency has reached the cumulative
purchase thresholds established in divisions (B)(1) and (2) of this
section, the following purchases by such agency shall not be
considered:
(1)
Purchases made through competitive selection or with controlling
board approval;
(2)
Purchases listed in division (D) of this section;
(3)
For the purposes of the threshold of division (B)(1) of this section
only, leases of real estate.
(F)
A state agency, when exercising direct purchasing authority under
this section, shall utilize a selection process that complies with
all applicable laws, rules, or regulations of the department of
administrative services.
(G)
As used in this section, "competitive selection," "direct
purchasing authority," "purchase," "supplies,"
and "services" have the same meanings as in section 125.01
of the Revised Code.
Sec.
149.10.
All
boards, commissions, agencies, institutions, and departments in the
executive branch of state government shall submit to the auditor of
state a copy of each formal internally or independently produced
audit report, as well as any management study or report
which
that
recommends
changes
which
that
would
affect the auditing system.
Pursuant to section 117.43 of the Revised Code, no such report shall
be produced without the approval of the auditor of state.
Sec.
149.30.
The
Ohio history connection, chartered by this state as a corporation not
for profit to promote a knowledge of history and archaeology,
especially of Ohio, and operated continuously in the public interest
since 1885, may perform public functions as prescribed by law.
The
general assembly may appropriate money to the Ohio history connection
each biennium to carry out the public functions of the Ohio history
connection as enumerated in this section. An appropriation by the
general assembly to the Ohio history connection constitutes an offer
to contract with the Ohio history connection to carry out those
public functions for which appropriations are made. An acceptance by
the Ohio history connection of the appropriated funds constitutes an
acceptance by the Ohio history connection of the offer and is
considered an agreement by the Ohio history connection to perform
those functions in accordance with the terms of the appropriation and
the law and to expend the funds only for the purposes for which
appropriated. The governor may request on behalf of the Ohio history
connection, and the controlling board may release, additional funds
to the Ohio history connection for survey, salvage, repair, or
rehabilitation of an emergency nature for which funds have not been
appropriated, and acceptance by the Ohio history connection of those
funds constitutes an agreement on the part of the Ohio history
connection to expend those funds only for the purpose for which
released by the controlling board.
The
Ohio history connection shall faithfully expend and apply all moneys
received from the state to the uses and purposes directed by law and
for necessary administrative expenses. If the general assembly
appropriates money to the Ohio history connection for grants or
subsidies to other entities for their site-related programs, the Ohio
history connection, except for good cause, shall distribute the money
within ninety days of accepting a grant or subsidy application for
the money.
The
Ohio history connection shall perform the public function of sending
notice by ordinary or certified mail to the owner of any property at
the time it is listed on the national register of historic places.
The Ohio history connection shall accurately record all expenditures
of such funds in conformity with generally accepted accounting
principles.
The
auditor of state shall audit all funds and fiscal records of the Ohio
history connection.
The
public functions to be performed by the Ohio history connection shall
include all of the following:
(A)
Creating, supervising, operating, protecting, maintaining, and
promoting for public use a system of state memorials, titles to which
may reside wholly or in part with this state or wholly or in part
with the Ohio history connection as provided in and in conformity to
appropriate acts and resolves of the general assembly, and leasing
for renewable periods of two years or less, with the advice and
consent of the attorney general and the director of administrative
services, lands and buildings owned by the state which are in the
care, custody, and control of the Ohio history connection, all of
which shall be maintained and kept for public use at reasonable
hours;
(B)
Making alterations and improvements, marking, and constructing,
reconstructing, protecting, or restoring structures, earthworks, and
monuments in its care, and equipping such facilities with appropriate
educational maintenance facilities;
(C)
Serving as the archives administration for the state and its
political subdivisions as provided in sections 149.31 to 149.42 of
the Revised Code;
(D)
Administering a state historical museum, to be the headquarters of
the society and its principal museum and library, which shall be
maintained and kept for public use at reasonable hours;
(E)
Establishing a marking system to identify all designated historic and
archaeological sites within the state and marking or causing to be
marked historic sites and communities considered by the society to be
historically or archaeologically significant;
(F)
Publishing books, pamphlets, periodicals, and other publications
about history, archaeology, and natural science and offering one copy
of each regular periodical issue to all public libraries in this
state at a reasonable price, which shall not exceed one hundred ten
per cent more than the total cost of publication;
(G)
Engaging in research in history, archaeology, and natural science and
providing historical information upon request to all state agencies;
(H)
Collecting, preserving, and making available by all appropriate means
and under approved safeguards all manuscript, print, or near-print
library collections and all historical objects, specimens, and
artifacts which pertain to the history of Ohio and its people,
including the following original documents: Ohio Constitution of
1802; Ohio Constitution of 1851; proposed Ohio Constitution of 1875;
design and the letters of patent and assignment of patent for the
state flag; S.J.R. 13 (1873); S.J.R. 53 (1875); S.J.R. 72 (1875);
S.J.R. 50 (1883); H.J.R. 73 (1883); S.J.R. 28 (1885); H.J.R. 67
(1885); S.J.R. 17 (1902); S.J.R. 28 (1902); H.J.R. 39 (1902); S.J.R.
23 (1903); H.J.R. 19 (1904); S.J.R. 16 (1905); H.J.R. 41 (1913);
H.J.R. 34 (1917); petition form (2) (1918); S.J.R. 6 (1921); H.J.R. 5
(1923); H.J.R. 40 (1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4
(1933); petition form (2) (1933); S.J.R. 57 (1936); petition form
(1936); H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48 (1947);
(I)
Encouraging and promoting the organization and development of county
and local historical societies;
(J)
Providing to Ohio schools such materials as the Ohio history
connection may prepare to facilitate the instruction of Ohio history
at a reasonable price, which shall not exceed one hundred ten per
cent more than the total cost of preparation and delivery;
(K)
Providing advisory and technical assistance to local societies for
the preservation and restoration of historic and archaeological
sites;
(L)
Devising uniform criteria for the designation of historic and
archaeological sites throughout the state and advising local
historical societies of the criteria and their application;
(M)
Taking inventory, in cooperation with the Ohio arts council, the Ohio
archaeological council, and the archaeological society of Ohio, of
significant designated and undesignated state and local sites and
keeping an active registry of all designated sites within the state;
(N)
Contracting with the owners or persons having an interest in
designated historic or archaeological sites or property adjacent or
contiguous to those sites, or acquiring, by purchase, gift, or
devise, easements in those sites or in property adjacent or
contiguous to those sites, in order to control or restrict the use of
those historic or archaeological sites or adjacent or contiguous
property for the purpose of restoring or preserving the historical or
archaeological significance or educational value of those sites;
(O)
Constructing a monument honoring Governor James A. Rhodes, which
shall stand on the northeast quadrant of the grounds surrounding the
capitol building. The monument shall be constructed with private
funds donated to the Ohio history connection and designated for this
purpose. No public funds shall be expended to construct this
monument. The department of administrative services shall cooperate
with the Ohio history connection in carrying out this function and
shall maintain the monument in a manner compatible with the grounds
of the capitol building.
(P)
Commissioning a portrait of each departing governor, which shall be
displayed in the capitol building. The Ohio history connection may
accept private contributions designated for this purpose and, at the
discretion of its board of trustees, also may apply for the same
purpose funds appropriated by the general assembly to the Ohio
history connection pursuant to this section.
(Q)
Being
the custodian of the field notes, maps, records, documents, papers,
and implements relating to or used in the survey of the public lands
within the state, which were delivered to the executive of this state
by the surveyor of the United States at Detroit, by order of the
government of the United States, the records of field notes and other
records of papers that have been added thereto, the records of deeds
and other records or papers relating to the public lands originally
deposited with the governor or secretary of state, and the records,
maps, plats, papers, documents, and implements relating to the public
lands in the Virginia military district in this state, from the
United States land office at Chillicothe. These records and files
shall be subject to inspection, and the Ohio history connection, on
demand and tender of the proper fees, shall furnish certified copies
of any of them.
(R)
Furnishing to the board of education of each school district copies
of deeds, leases, field notes, records, and other papers and
documents that are in the Ohio history connection's possession,
relating to the lands appropriated by congress for the support of
schools and ministerial purposes that have been allocated for the
benefit of that district, and such copies, when certified by the Ohio
history connection, shall be received as competent evidence and shall
have the same force and effect as the originals. The Ohio history
connection shall charge fees sufficient to defray the cost of
preparing copies.
(S)
Submitting
an annual report of its activities, programs, and operations to the
governor within two months after the close of each fiscal year of the
state.
The
Ohio history connection, with the help of local historical societies,
may compile and maintain a registry of war relics, as defined in
section 155.28 of the Revised Code, that are located on public
property or on the property of a cemetery association.
The
Ohio history connection shall not sell, mortgage, transfer, or
dispose of historical or archaeological sites to which it has title
and in which the state has monetary interest except by action of the
general assembly.
Money
or fines paid to the Ohio history connection under section 155.99 of
the Revised Code shall be expended by the Ohio history connection
only for the preservation of war relics.
In
consideration of the public functions performed by the Ohio history
connection for the state, employees of the Ohio history connection
shall be considered public employees within the meaning of section
145.01 of the Revised Code.
Sec.
169.13.
(A)(1)
All agreements to pay a fee, compensation, commission, or other
remuneration to locate, deliver, recover, or assist in the recovery
of unclaimed funds reported under section 169.03 of the Revised Code,
entered into within two years immediately after the date a report is
filed under division (D) of section 169.03 of the Revised Code, are
invalid.
(2)
A person interested in entering into an agreement to locate, deliver,
recover, or assist in the recovery of unclaimed funds for
remuneration shall not initiate any contact with an owner during the
two-year period immediately after the date a report is filed under
division (D) of section 169.03 of the Revised Code. Failure to comply
with this requirement is grounds for the invalidation of any such
agreement between the person and the owner.
(B)
An agreement entered into any time after such two-year period is
valid only if all of the following conditions are met:
(1)
The aggregate fee, compensation, commission, or other remuneration
agreed upon is not in excess of ten per cent of the amount recovered
and paid to the owner by the director of budget and management;
(2)
The agreement is in writing, signed by the owner, and notarized and
discloses all of the following items:
(a)
The name, address, and telephone number of the owner, as shown by the
records of the person or entity in possession of the unclaimed funds
or contents of a safe deposit box;
(b)
The name, address, and telephone number of the owner if the owner's
name, address, or telephone number are different from the name,
address, or telephone number of the owner as shown by the records of
the person or entity in possession of the unclaimed funds or contents
of a safe deposit box;
(c)
The nature and value of the unclaimed funds or contents of a safe
deposit box;
(d)
The amount the owner will receive after the fee or compensation has
been subtracted;
(e)
The name and address of the person or entity in possession of the
unclaimed funds or contents of a safe deposit box;
(f)
That the director of budget and management will pay the unclaimed
funds directly to the owner or the director of commerce shall deliver
the contents of a safe deposit box directly to the owner;
(g)
That the person agreeing to locate, deliver, recover, or assist in
the recovery of the unclaimed funds or contents of a safe deposit box
is not an employee or agent of the director of commerce;
(h)
That the director of commerce is not a party to the agreement;
(i)
That the person agreeing to locate, deliver, recover, or assist in
the recovery of the unclaimed funds or contents of a safe deposit box
holds a valid certificate of registration issued by the director
under section 169.16 of the Revised Code;
(j)
The number designated on that certificate of registration and the
date the certificate of registration expires.
(3)
No agreement described in division (B)(2) of this section shall
include a power of attorney for the payment of the unclaimed funds or
delivery of the contents of a safe deposit box to any person other
than the owner of the unclaimed funds or contents of a safe deposit
box.
(4)
If the agreement involves recovery of the contents of a safe deposit
box, the agreement stipulates that the person receiving any fee,
compensation, commission, or other remuneration for engaging in any
activity for the purpose of locating, delivering, recovering, or
assisting in the recovery of unclaimed funds or other items stored in
a safe deposit box on behalf of any other person shall do all of the
following:
(a)
Make arrangements to have an appraiser and the director of commerce
view the contents of the safe deposit box together, at a time
mutually agreeable to the appraiser and director;
(b)
State that the value of the property in the safe deposit box is the
amount established by the appraiser who viewed the safe deposit box
contents;
(c)
Base the fee, compensation, commission, or other remuneration for
locating, delivering, recovering, or assisting in the recovery of
unclaimed funds or other items stored in a safe deposit box on the
appraised value established by the appraiser who viewed the safe
deposit box contents.
(C)
No person shall receive a fee, compensation, commission, or other
remuneration, or engage in any activity for the purpose of locating,
delivering, recovering, or assisting in the recovery of unclaimed
funds or contents of a safe deposit box, under an agreement that is
invalid under this section.
(D)
A person who receives any fee, compensation, commission, or other
remuneration for engaging in any activity for the purpose of
locating, delivering, recovering, or assisting in the recovery of
unclaimed funds or other items stored in a safe deposit box on behalf
of any other person cannot function as an appraiser of the contents
of the safe deposit box for purposes of division (B)(4) of this
section.
(E)
The director shall not recognize or make any delivery and the
auditor
of state
office
of budget and management
shall
not make any payment pursuant to any power of attorney between an
owner of the unclaimed funds or contents of a safe deposit box and
the person with whom the owner entered into an agreement pursuant to
division (B)(2) of this section to locate, deliver, recover, or
assist in the recovery of the unclaimed funds or contents of a safe
deposit box if that power of attorney is entered into on or after
March 23, 2007, and that power of attorney specifically provides for
the payment of unclaimed funds or delivery of the contents of a safe
deposit box to any person other than the owner of the unclaimed funds
or contents of a safe deposit box. Nothing in this section shall be
construed as prohibiting the payment of unclaimed funds or delivery
of the contents of a safe deposit box to the legal representative of
the owner of the unclaimed funds or contents of the safe deposit box.
Notwithstanding the definition of "owner" specified in
division (C) of section 169.01 of the Revised Code, for purposes of
the payment of unclaimed funds or delivery of the contents of the
safe deposit box, a person with whom an owner entered into an
agreement under division (B)(2) of this section is not a legal
representative.
Sec.
306.43.
(A)
The board of trustees of a regional transit authority or any officer
or employee designated by such board may make any contract for the
purchase of goods or services, the cost of which does not exceed one
hundred thousand dollars. When an expenditure, other than for the
acquisition of real estate, the discharge of claims, or the
acquisition of goods or services under the circumstances described in
division (H) of this section, is expected to exceed one hundred
thousand dollars, such expenditure shall be made through full and
open competition by the use of competitive procedures. The regional
transit authority shall use the competitive procedure, as set forth
in divisions (B), (C), (D), and (E) of this section, that is most
appropriate under the circumstances of the procurement.
(B)
Competitive sealed bidding is the preferred method of procurement and
a regional transit authority shall use that method if all of the
following conditions exist:
(1)
A clear, complete
,
and adequate description of the goods, services, or work is
available;
(2)
Time permits the solicitation, submission, and evaluation of sealed
bids;
(3)
The award will be made on the basis of price and other price-related
factors;
(4)
It is not necessary to conduct discussions with responding offerors
about their bids;
(5)
There is a reasonable expectation of receiving more than one sealed
bid.
A
regional transit authority shall publish a notice calling for bids
once a week for no less than two consecutive weeks in a newspaper of
general circulation within the territorial boundaries of the regional
transit authority, or as provided in section 7.16 of the Revised
Code. A regional transit authority may require that a bidder for any
contract other than a construction contract provide a bid guaranty in
the form, quality, and amount considered appropriate by the regional
transit authority. The board may let the contract to the lowest
responsive and responsible bidder. Where fewer than two responsive
bids are received, a regional transit authority may negotiate price
with the sole responsive bidder or may rescind the solicitation and
procure under division (H)(2) of this section.
(C)
A regional transit authority may use two-step competitive bidding,
consisting of a technical proposal and a separate, subsequent sealed
price bid from those submitting acceptable technical proposals, if
both of the following conditions exist:
(1)
A clear, complete, and adequate description of the goods, services,
or work is not available, but definite criteria exist for the
evaluation of technical proposals;
(2)
It is necessary to conduct discussions with responding offerors.
A
regional transit authority shall publish a notice calling for
technical proposals once a week for no less than two consecutive
weeks in a newspaper of general circulation within the territorial
boundaries of the regional transit authority, or as provided in
section 7.16 of the Revised Code. A regional transit authority may
require a bid guaranty in the form, quality, and amount the regional
transit authority considers appropriate. The board may let the
contract to the lowest responsive and responsible bidder. Where fewer
than two responsive and responsible bids are received, a regional
transit authority may negotiate price with the sole responsive and
responsible bidder or may rescind the solicitation and procure under
division (H)(2) of this section.
(D)
A regional transit authority shall make a procurement by competitive
proposals if competitive sealed bidding or two-step competitive
bidding is not appropriate.
A
regional transit authority shall publish a notice calling for
proposals once a week for no less than two consecutive weeks in a
newspaper of general circulation within the territorial boundaries of
the regional transit authority, or as provided in section 7.16 of the
Revised Code. A regional transit authority may require a proposal
guaranty in the form, quality, and amount considered appropriate by
the regional transit authority. The board may let the contract to the
proposer making the offer considered most advantageous to the
authority. Where fewer than two competent proposals are received, a
regional transit authority may negotiate price and terms with the
sole proposer or may rescind the solicitation and procure under
division (H)(2) of this section.
(E)(1)
A regional transit authority shall procure the services of an
architect or engineer in the manner prescribed by the "Federal
Mass Transportation Act of 1987," Public Law No. 100-17, section
316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 1608 and the services
of a construction manager in the manner prescribed by sections 9.33
to 9.332 of the Revised Code.
(2)
A regional transit authority may procure revenue rolling stock in the
manner prescribed by division (B), (C), or (D) of this section.
(3)
All contracts for construction in excess of one hundred thousand
dollars shall be made only after the regional transit authority has
published a notice calling for bids once a week for two consecutive
weeks in a newspaper of general circulation within the territorial
boundaries of the regional transit authority, or as provided in
section 7.16 of the Revised Code. The board may award a contract to
the lowest responsive and responsible bidder. Where only one
responsive and responsible bid is received, the regional transit
authority may negotiate price with the sole responsive bidder or may
rescind the solicitation. The regional transit authority shall award
construction contracts in accordance with sections 153.12 to 153.14
and 153.54 of the Revised Code. Divisions (B) and (C) of this section
shall not apply to the award of contracts for construction.
(F)
All contracts involving expenditures in excess of one hundred
thousand dollars shall be in writing and shall be accompanied by or
shall refer to plans and specifications for the work to be done. The
plans and specifications shall at all times be made and considered
part of the contract. For all contracts other than construction
contracts, a regional transit authority may require performance,
payment, or maintenance guaranties or any combination of such
guaranties in the form, quality, and amount it considers appropriate.
The contract shall be approved by the board and signed on behalf of
the regional transit authority and by the contractor.
(G)
In making a contract, a regional transit authority may give
preference to goods produced in the United States in accordance with
the Buy America requirements in the "Surface Transportation
Assistance Act of 1982," Public Law No. 97-424, section 165, 96
Stat. 2097, 23 U.S.C.A. 101 note, as amended, and the rules adopted
thereunder. The regional transit authority also may give preference
to providers of goods produced in and services provided in labor
surplus areas as defined by the United States department of labor in
41 U.S.C.A. 401 note, Executive Order No. 12073, August 16, 1978, 43
Fed. Reg. 36873, as amended.
(H)
Competitive procedures under this section are not required in any of
the following circumstances:
(1)
The board of trustees of a regional transit authority, by a
two-thirds affirmative vote of its members, determines that a real
and present emergency exists under any of the following conditions,
and the board enters its determination and the reasons for it in its
proceedings:
(a)
Affecting safety, welfare, or the ability to deliver transportation
services;
(b)
Arising out of an interruption of contracts essential to the
provision of daily transit services;
(c)
Involving actual physical damage to structures, supplies, equipment,
or property.
(2)
The purchase consists of goods or services, or any combination
thereof, and after reasonable inquiry the board or any officer or
employee the board designates finds that only one source of supply is
reasonably available.
(3)
The expenditure is for a renewal or renegotiation of a lease or
license for telecommunications or electronic data processing
equipment, services, or systems, or for the upgrade of such
equipment, services, or systems, or for the maintenance thereof as
supplied by the original source or its successors or assigns.
(4)
The purchase of goods or services is made from another political
subdivision, public agency, public transit system, regional transit
authority, the state, or the federal government, or as a third-party
beneficiary under a state or federal procurement contract, or as a
participant in a department of administrative services contract under
division (B) of section 125.04 of the Revised Code.
(5)
The sale and leaseback or lease and leaseback of transit facilities
is made as provided in division (AA) of section 306.35 of the Revised
Code.
(6)
The purchase substantially involves services of a personal,
professional, highly technical, or scientific nature, including but
not limited to the services of an attorney, physician, surveyor,
appraiser, investigator, court reporter, adjuster, advertising
consultant, or licensed broker, or involves the special skills or
proprietary knowledge required for the servicing of specialized
equipment owned by the regional transit authority.
(7)
Services or supplies are available from a qualified nonprofit agency
pursuant to sections
4115.31
125.60
to
4115.35
125.6012
of
the Revised Code.
(8)
The purchase consists of the product or services of a public utility.
(9)
The purchase is for the services of individuals with disabilities to
work in the authority's commissaries or cafeterias, and those
individuals are supplied by a nonprofit corporation or association
whose purpose is to assist individuals with disabilities, whether or
not that corporation or association is funded entirely or in part by
the federal government, or the purchase is for services provided by a
nonprofit corporation or association whose purpose is to assist
individuals with disabilities, whether or not that corporation or
association is funded entirely or in part by the federal government.
For purposes of division (H)(9) of this section, "disability"
has the same meaning as in section 4112.01 of the Revised Code.
(I)
A regional transit authority may enter into blanket purchase
agreements for purchases of maintenance, operating, or repair goods
or services where the item cost does not exceed five hundred dollars
and the annual expenditure does not exceed one hundred thousand
dollars.
(J)
Nothing contained in this section prohibits a regional transit
authority from participating in intergovernmental cooperative
purchasing arrangements.
(K)
Except as otherwise provided in this chapter, a regional transit
authority shall make a sale or other disposition of property through
full and open competition. Except as provided in division (L) of this
section, all dispositions of personal property and all grants of real
property for terms exceeding five years shall be made by public
auction or competitive procedure.
(L)
The competitive procedures required by division (K) of this section
are not required in any of the following circumstances:
(1)
The grant is a component of a joint development between public and
private entities and is intended to enhance or benefit public
transit.
(2)
The grant of a limited use or of a license affecting land is made to
an owner of abutting real property.
(3)
The grant of a limited use is made to a public utility.
(4)
The grant or disposition is to a department of the federal or state
government, to a political subdivision of the state, or to any other
governmental entity.
(5)
Used equipment is traded on the purchase of equipment and the value
of the used equipment is a price-related factor in the basis for
award for the purchase.
(6)
The value of the personal property is such that competitive
procedures are not appropriate and the property either is sold at its
fair market value or is disposed of by gift to a nonprofit entity
having the general welfare or education of the public as one of its
principal objects.
(M)
The board of trustees of a regional transit authority, when making a
contract funded exclusively by state or local moneys or any
combination thereof, shall make a good faith effort to use
disadvantaged business enterprise participation to the same extent
required under Section 105(f) of the "Surface Transportation
Assistance Act of 1982," Public Law No. 97-424, 96 Stat. 2100,
and Section 106(c) of the "Surface Transportation and Uniform
Relocation Assistance Act of 1987," Public Law No. 100-17, 101
Stat. 145, and the rules adopted thereunder.
(N)
As used in this section:
(1)
"Goods" means all things, including specially manufactured
goods, that are movable at the time of identification to the contract
for sale other than the money in which the price is to be paid,
investment securities, and things in action. "Goods" also
includes other identified things attached to realty as described in
section 1302.03 of the Revised Code.
(2)
"Services" means the furnishing of labor, time, or effort
by a contractor, not involving the delivery of goods or reports other
than goods or reports that are merely incidental to the required
performance, including but not limited to insurance, bonding, or
routine operation, routine repair, or routine maintenance of existing
structures, buildings, real property, or equipment, but does not
include employment agreements, collective bargaining agreements, or
personal services.
(3)
"Construction" means the process of building, altering,
repairing, improving, painting, decorating, or demolishing any
structure or building, or other improvements of any kind to any real
property owned or leased by a regional transit authority.
(4)
"Full and open competition" has the same meaning as in the
"Office of Federal Procurement Policy Act," Public Law No.
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403.
(5)
A bidder is "responsive" if, applying the criteria of
division (A) of section 9.312 of the Revised Code, the bidder is
"responsive" as described in that section.
(6)
A bidder is "responsible" if, applying the criteria of
division (B) of section 9.312 of the Revised Code and of the "Office
of Federal Procurement Policy Act," Public Law No. 98-369,
section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the bidder is
"responsible" as described in those sections.
Sec.
307.86.
Anything
to be purchased, leased, leased with an option or agreement to
purchase, or constructed, including, but not limited to, any product,
structure, construction, reconstruction, improvement, maintenance,
repair, or service, except the services of an accountant, architect,
attorney at law, physician, professional engineer, construction
project manager, consultant, surveyor, or appraiser, by or on behalf
of the county or contracting authority, as defined in section 307.92
of the Revised Code, at a cost in excess of the amount specified in
section 9.17 of the Revised Code, except as otherwise provided in
division (D) of section 713.23 and in sections 9.48, 125.04, 125.60
to 125.6012, 307.022, 307.041, 307.861, 339.05, 340.036,
4115.31
125.60
to
4115.35
125.6012
,
5119.44, 5513.01, 5543.19, 5713.01, and 6137.05 of the Revised Code,
shall be obtained through competitive bidding. No purchase, lease,
project, or other transaction subject to this section shall be
divided into component parts, separate projects, or separate items of
work in order to avoid the requirements of this section. However,
competitive bidding is not required when any of the following
applies:
(A)
The board of county commissioners, by a unanimous vote of its
members, makes a determination that a real and present emergency
exists, and that determination and the reasons for it are entered in
the minutes of the proceedings of the board, when any of the
following applies:
(1)
The estimated cost is less than one hundred twenty-five thousand
dollars.
(2)
There is actual physical disaster to structures, radio communications
equipment, or computers.
(3)
The product to be purchased is personal protective equipment and the
purchase is completed during the period of the emergency declared by
Executive Order 2020-01D, issued on March 9, 2020.
For
purposes of this division:
"Personal
protective equipment" means equipment worn to minimize exposure
to hazards that cause workplace injuries and illnesses.
"Unanimous
vote" means all three members of a board of county commissioners
when all three members are present, or two members of the board if
only two members, constituting a quorum, are present.
Whenever
a contract of purchase, lease, or construction is exempted from
competitive bidding under division (A)(1) of this section because the
estimated cost is less than one hundred twenty-five thousand dollars,
but the estimated cost is the amount specified in section 9.17 of the
Revised Code or more, the county or contracting authority shall
solicit informal estimates from no fewer than three persons who could
perform the contract, before awarding the contract. With regard to
each such contract, the county or contracting authority shall
maintain a record of such estimates, including the name of each
person from whom an estimate is solicited. The county or contracting
authority shall maintain the record for the longer of at least one
year after the contract is awarded or the amount of time the federal
government requires.
(B)(1)
The purchase consists of supplies or a replacement or supplemental
part or parts for a product or equipment owned or leased by the
county, and the only source of supply for the supplies, part, or
parts is limited to a single supplier.
(2)
The purchase consists of services related to information technology,
such as programming services, that are proprietary or limited to a
single source.
(C)
The purchase is from the federal government, the state, another
county or contracting authority of another county, or a board of
education, educational service center, township, or municipal
corporation.
(D)
The purchase is made by a county department of job and family
services under section 329.04 of the Revised Code and consists of
family services duties or workforce development activities or is made
by a county board of developmental disabilities under section 5126.05
of the Revised Code and consists of program services, such as direct
and ancillary client services, child care, case management services,
residential services, and family resource services.
(E)
The purchase consists of criminal justice services, social services
programs, family services, or workforce development activities by the
board of county commissioners from nonprofit corporations or
associations under programs funded by the federal government or by
state grants.
(F)
The purchase consists of any form of an insurance policy or contract
authorized to be issued under Title XXXIX of the Revised Code or any
form of health care plan authorized to be issued under Chapter 1751.
of the Revised Code, or any combination of such policies, contracts,
plans, or services that the contracting authority is authorized to
purchase, and the contracting authority does all of the following:
(1)
Determines that compliance with the requirements of this section
would increase, rather than decrease, the cost of the purchase;
(2)
Requests issuers of the policies, contracts, plans, or services to
submit proposals to the contracting authority, in a form prescribed
by the contracting authority, setting forth the coverage and cost of
the policies, contracts, plans, or services as the contracting
authority desires to purchase;
(3)
Negotiates with the issuers for the purpose of purchasing the
policies, contracts, plans, or services at the best and lowest price
reasonably possible.
(G)
The purchase consists of computer hardware, software, or consulting
services that are necessary to implement a computerized case
management automation project administered by the Ohio prosecuting
attorneys association and funded by a grant from the federal
government.
(H)
Child care services are purchased for provision to county employees.
(I)(1)
Property, including land, buildings, and other real property, is
leased for offices, storage, parking, or other purposes, and all of
the following apply:
(a)
The contracting authority is authorized by the Revised Code to lease
the property.
(b)
The contracting authority develops requests for proposals for leasing
the property, specifying the criteria that will be considered prior
to leasing the property, including the desired size and geographic
location of the property.
(c)
The contracting authority receives responses from prospective lessors
with property meeting the criteria specified in the requests for
proposals by giving notice in a manner substantially similar to the
procedures established for giving notice under section 307.87 of the
Revised Code.
(d)
The contracting authority negotiates with the prospective lessors to
obtain a lease at the best and lowest price reasonably possible
considering the fair market value of the property and any relocation
and operational costs that may be incurred during the period the
lease is in effect.
(2)
The contracting authority may use the services of a real estate
appraiser to obtain advice, consultations, or other recommendations
regarding the lease of property under this division.
(J)
The purchase is made pursuant to section 5139.34 or sections 5139.41
to 5139.46 of the Revised Code and is of programs or services that
provide case management, treatment, or prevention services to any
felony or misdemeanant delinquent, unruly youth, or status offender
under the supervision of the juvenile court, including, but not
limited to, community residential care, day treatment, services to
children in their home, or electronic monitoring.
(K)
The purchase is made by a public children services agency pursuant to
section 307.92 or 5153.16 of the Revised Code and consists of family
services, programs, or ancillary services that provide case
management, prevention, or treatment services for children at risk of
being or alleged to be abused, neglected, or dependent children.
(L)
The purchase is to obtain the services of emergency medical service
organizations under a contract made by the board of county
commissioners pursuant to section 307.05 of the Revised Code with a
joint emergency medical services district.
(M)
The county contracting authority determines that the use of
competitive sealed proposals would be advantageous to the county and
the contracting authority complies with section 307.862 of the
Revised Code.
(N)
The purchase consists of used supplies and is made at a public
auction.
Any
issuer of policies, contracts, plans, or services listed in division
(F) of this section and any prospective lessor under division (I) of
this section may have the issuer's or prospective lessor's name and
address, or the name and address of an agent, placed on a special
notification list to be kept by the contracting authority, by sending
the contracting authority that name and address. The contracting
authority shall send notice to all persons listed on the special
notification list. Notices shall state the deadline and place for
submitting proposals. The contracting authority shall mail the
notices at least six weeks prior to the deadline set by the
contracting authority for submitting proposals. Every five years the
contracting authority may review this list and remove any person from
the list after mailing the person notification of that action.
Any
contracting authority that negotiates a contract under division (F)
of this section shall request proposals and negotiate with issuers in
accordance with that division at least every three years from the
date of the signing of such a contract, unless the parties agree upon
terms for extensions or renewals of the contract. Such extension or
renewal periods shall not exceed six years from the date the initial
contract is signed.
Any
real estate appraiser employed pursuant to division (I) of this
section shall disclose any fees or compensation received from any
source in connection with that employment.
As
used in division (N) of this section, "supplies" means any
personal property including equipment, materials, and other tangible
assets.
Sec.
308.13.
(A)
The board of trustees of a regional airport authority or any officer
or employee designated by such board may make without competitive
bidding any contract for any purchase, lease, lease with option or
agreement to purchase any property, or any construction contract for
any work, the cost of which shall not exceed the amount specified in
section 9.17 of the Revised Code. Any purchase, lease, lease with
option or agreement to purchase, or construction contract in excess
of the amount specified in section 9.17 of the Revised Code shall
require that a notice calling for bids be published once a week for
not less than two consecutive weeks preceding the day of the opening
of the bids in a newspaper of general circulation within the
territorial boundaries of the regional airport authority. The
regional airport authority also may cause notice to be inserted in
trade papers or other publications designated by it or to be
distributed by electronic means, including posting the notice on the
internet site on the world wide web of the regional airport
authority. If the contracting authority posts the notice on that
internet web site, the requirement that a second notice be published
in a newspaper of general circulation within the territorial
boundaries of the regional airport authority does not apply provided
the first notice published in that newspaper meets all of the
following requirements:
(1)
It is published at least two weeks prior to the day of the opening of
the bids.
(2)
It includes a statement that the notice is posted on the internet
site on the world wide web of the regional airport authority.
(3)
It includes the internet address of the internet site on the world
wide web of the regional airport authority.
(4)
It includes instructions describing how the notice may be accessed on
the internet site on the world wide web of the regional airport
authority.
No
purchase, lease, project, or other transaction subject to this
section shall be divided into component parts, separate projects, or
separate items of work in order to avoid the requirements of this
section.
If
the bid is for a contract for the construction, demolition,
alteration, repair, or reconstruction of an improvement, it shall
meet the requirements of section 153.54 of the Revised Code. If the
bid is for any other contract authorized by this section, it shall be
accompanied by a good and approved bond with ample security
conditioned on the carrying out of the contract as determined by the
board. The board may let the contract to the lowest and best bidder.
Such contract shall be in writing and shall be accompanied by or
shall refer to plans and specifications for the work to be done, as
approved by the board. The plans and specifications at all times
shall be made and considered part of the contract. The contract shall
be approved by the board and signed by its chief executive officer
and by the contractor, and shall be executed in duplicate.
(B)
The competitive bidding procedures described in division (A) of this
section do not apply in any of the following circumstances:
(1)
The board of trustees of a regional airport authority, by a majority
vote of its members present at any meeting, determines that a real
and present emergency exists under any of the following conditions,
and the board enters its determination and the reasons for it in its
proceedings:
(a)
Affecting safety, welfare, or the ability to deliver services;
(b)
Arising out of an interruption of contracts essential to the
provision of daily air services and other services related to the
airport;
(c)
Involving actual physical damage to structures, supplies, equipment,
or property requiring immediate repair or replacement.
(2)
The purchase consists of goods or services, or any combination
thereof, and after reasonable inquiry the board or any officer or
designee of the board finds that only one source of supply is
reasonably available.
(3)
The expenditure is for a renewal or renegotiation of a lease or
license for telecommunications or informational technology equipment,
services, or systems, or for the upgrade of such equipment, services,
or systems, or for the maintenance thereof as supplied by the
original source or its successors or assigns.
(4)
The purchase of goods or services is made from another political
subdivision, public agency, public transit system, regional transit
authority, the state, or the federal government, or as a third-party
beneficiary under a state or federal procurement contract, or as a
participant in a department of administrative services contract under
division (B) of section 125.04 of the Revised Code or under an
approved purchasing plan of this state.
(5)
The purchase substantially involves services of a personal,
professional, highly technical, or scientific nature, including the
services of an attorney, physician, engineer, architect, surveyor,
appraiser, investigator, adjuster, advertising consultant, or
licensed broker, or involves the special skills or proprietary
knowledge required for the operation of the airport owned by the
regional transit authority.
(6)
Services or supplies are available from a qualified nonprofit agency
pursuant to sections
4115.31
125.60
to
4115.35
125.6012
of
the Revised Code.
(7)
The purchase consists of the product or services of a public utility.
Sec.
317.06.
(A)
Each county recorder who is newly elected to a full term of office
shall attend and successfully complete at least fifteen hours of
continuing education courses during the first year of the recorder's
term of office and complete at least another eight hours of such
courses each year of the remaining term. Each county recorder who is
elected to a subsequent term of office shall attend and successfully
complete at least eight hours of such courses in each year of any
subsequent term of office. To be counted toward the continuing
education hours required by this section, a course must be approved
by the Ohio recorders' association. Any county recorder who teaches
an approved course shall be entitled to credit for the course in the
same manner as if the county recorder had attended the course.
The
Ohio recorders' association shall record and, upon request, verify
the completion of required course work for each county recorder and
issue a statement to each county recorder of the number of hours of
continuing education the county recorder has successfully completed.
Each year the association shall send a list of the continuing
education courses, and the number of hours each county recorder has
successfully completed, to the auditor of state and shall provide a
copy of this list to any other individual who requests it.
The
association shall issue a "failure to complete notice" to
any county recorder required to complete continuing education courses
under this section who fails to successfully complete at least
fifteen hours of continuing education courses during the first year
of the county recorder's first term of office or to complete a total
of at least thirty-nine hours of such courses, including the fifteen
hours completed in the first year of the first term, by the end of
that term. The association shall issue a "failure to complete
notice" to any county recorder required to complete continuing
education courses under this section who fails to successfully
complete at least eight hours of continuing education courses each
year of any subsequent term of office or to complete a total of at
least thirty-two hours of such courses, by the end of that subsequent
term. The notice is for informational purposes only and does not
affect any individual's ability to hold the office of county
recorder.
The
county recorder shall retain the documentation of any initial or
continuing education courses completed. The auditor of state shall
audit for compliance with this section.
(B)
The costs the county recorder must incur to meet the requirements of
division (A) of this section, including registration fees, lodging
and meal expenses, and travel expenses shall be paid from the county
recorder's technology fund, if such a fund has been established under
section 317.321 of the Revised Code.
Sec.
317.20.
(A)
When, in the opinion of the board of county commissioners, sectional
indexes are needed and it so directs, in addition to the indexes
provided for in section 317.18 of the Revised Code, the board may
provide for making, in books prepared for that purpose, sectional
indexes to the records of all real estate in the county beginning
with some designated year and continuing through the period of years
that the board specifies. The sectional indexes shall place under the
heads of the original surveyed sections or surveys, parts of a
section or survey, squares, subdivisions, permanent parcel numbers
provided for under section 319.28 of the Revised Code, or lots, on
the left-hand page or on the upper portion of that page of the index
book, the name of the grantor, then the name of the grantee, then the
number and page of the record in which the instrument is found
recorded, then the character of the instrument, and then a pertinent
description of the interest in property conveyed by the deed, lease,
or assignment of lease, and shall place under similar headings on the
right-hand page or on the lower portion of that page of the index
book, beginning at the bottom, all the mortgages, liens, notices
provided for in sections 5301.51, 5301.52, and 5301.56 of the Revised
Code, or other encumbrances affecting the real estate.
(B)
The compensation for the services rendered under this section shall
be paid from the general revenue fund of the county, and no
additional levy shall be made in consequence of the services.
(C)
If the board of county commissioners decides to have sectional
indexes made, it shall advertise for three consecutive weeks for
sealed proposals to do the work provided for in this section, using
at least one of the following methods:
(1)
In the print or digital edition of a newspaper of general circulation
within the county;
(2)
On the official public notice web site established under section
125.182 of the Revised Code;
(3)
On the web site and social media account of the county.
The
board shall contract with the lowest and best bidder, and shall
require the successful bidder to give a bond for the faithful
performance of the contract in the sum that the board fixes.
The
work shall be done to the acceptance of the auditor of state upon
allowance by the board.
The
board may reject any and all bids for the work, provided that no more
than five cents shall be paid for each entry of each tract or lot of
land.
(D)
When the sectional indexes are brought up and completed, the county
recorder shall maintain the indexes and comply with division (E) of
this section in connection with registered land.
(E)(1)
As used in division (E) of this section, "housing
accommodations" and "restrictive covenant" have the
same meanings as in section 4112.01 of the Revised Code.
(2)
In connection with any transfer of registered land that occurs on and
after March 30, 1999, in accordance with Chapters 5309. and 5310. of
the Revised Code, the county recorder shall delete from the sectional
indexes maintained under this section all references to any
restrictive covenant that appears to apply to the transferred
registered land, if any inclusion of the restrictive covenant in a
transfer, rental, or lease of housing accommodations, any honoring or
exercising of the restrictive covenant, or any attempt to honor or
exercise the restrictive covenant constitutes an unlawful
discriminatory practice under division (H)(9) of section 4112.02 of
the Revised Code.
Sec.
319.04.
(A)
Each county auditor who is elected to a full term of office shall
attend and successfully complete at least sixteen hours of continuing
education courses during the first year of the auditor's term of
office, and complete at least another eight hours of such courses by
the end of that term. Each such county auditor shall include at least
two hours of ethics and substance-abuse training in the total
twenty-four hours of required courses. To be counted toward the
twenty-four hours required by this section, a course must be approved
by the county auditors association of Ohio. Any county auditor who
teaches an approved course shall be entitled to credit for the course
in the same manner as if the county auditor had attended the course.
That
association shall record and, upon request, verify the completion of
required course work for each county auditor, and issue a statement
to each county auditor of the number of hours of continuing education
the county auditor has successfully completed. Each year the
association shall send a list of the continuing education courses,
and the number of hours each county auditor has successfully
completed, to the auditor of state and the tax commissioner, and
shall provide a copy of this list to any other individual who
requests it.
The
auditor of state shall issue a certificate of completion to each
county auditor who completes the continuing education courses
required by this section.
The
auditor
of state
association
shall
issue a
"
notice
of
"
failure
to complete
"
to any county auditor required to complete continuing education
courses under this section who fails to successfully complete at
least sixteen hours of continuing education courses during the first
year of the county auditor's term of office or to complete a total of
at least twenty-four hours of such courses by the end of that term.
This notice is for informational purposes only and does not affect
any individual's ability to hold the office of county auditor.
The
county auditor shall retain the documentation of any initial or
continuing education courses completed. The auditor of state shall
audit for compliance with this section.
(B)
Each board of county commissioners shall approve, from money
appropriated to the county auditor, a reasonable amount requested by
the county auditor of its county to cover the costs the county
auditor must incur to meet the requirements of division (A) of this
section, including registration fees, lodging and meal expenses, and
travel expenses.
Sec.
321.03.
(A)
At
the request of the county treasurer, a board of county commissioners
may enter into a contract with any financial institution under which
the financial institution, in accordance with the terms of the
contract, receives at a post office box any type of payment or fee
owed or payable to the county, opens the mail delivered to that box,
processes the checks and other payments received in such mail and
deposits them into the treasurer's account, and provides the county
treasurer daily receipt information with respect to such payments.
The contract may provide for the financial institution to receive at
the post office box those payments and fees specifically named in the
contract or all payments and fees payable to the county, including,
but not limited to, utility, sewer, water, refuse collection, waste
disposal, and airport fees, but in any case excluding taxes. The
contract shall not be entered into unless:
(A)
There is attached to the contract a certification by the auditor of
state that the financial institution and the treasurer have given
assurances satisfactory to the auditor of state that the records of
the financial institution, to the extent that they relate to payments
covered by the contract, shall be subject to examination by the
auditor of state to the same extent as if the services that the
financial institution has agreed to perform were being performed by
the treasurer.
(B)
(1)
The contract is awarded in accordance with sections 307.86 to 307.92
of the Revised Code.
(C)
(2)
The treasurer's surety bond includes within its coverage any loss
that might occur as the result of the contract.
(D)
(3)
The provisions of the contract do not conflict with accounting and
reporting requirements prescribed by the auditor of state.
(B)
The records of the financial institution are subject to examination
by the auditor of state to the same extent as if the services that
the financial institution has agreed to perform were being performed
by the treasurer.
Sec.
501.09.
The
lessee of land appropriated for ministerial purposes which land is
leased for ninety-nine years, renewable forever, or the lessee of
such land the lease of which has been renewed for a like term may
purchase the fee simple title to the land for an amount equal to the
rent for one year. The receipt of all rents due and an amount equal
to the rent for one year from a lessee is deemed an offer to purchase
the land, which offer the board of education of the school district
for whose benefit the land has been allocated shall accept. The
school board shall cancel the lease and prepare a deed in fee simple
to the land, which the governor shall execute and the secretary of
state shall countersign.
The
lessee of land appropriated for school purposes which land is leased
for ninety-nine years, renewable forever, or the lessee of land the
lease of which has been renewed for a like term may purchase the fee
simple title to the land for an amount equal to the quotient of the
annual rent divided by five one-hundredths. Upon receipt of that
amount, if all unpaid rent due from the lessee for past years has
been paid, the school board shall cancel the lease, and the
auditor
of state
department
of administrative services
shall
prepare a deed in fee simple to the land, which the governor shall
execute and the secretary of state shall countersign.
Moneys
received from the sale of any land shall be paid to the school
district for whose benefit the land has been allocated.
Sec.
501.11.
When
the successful bidder at the sale provided in this chapter makes
payment to the school district selling the land, the school district
shall certify receipt of such payment to the
auditor
of state
department
of administrative services
.
Following the payment to the school district, the
auditor
of state
department
of administrative services
shall
prepare a deed, conveying such lands in fee simple to the successful
bidder, and deliver it to the governor, together with
his
certificate, under the seal of the auditor of state,
a
certification signed by the director of administrative services
that all papers required by law have been properly filed, that the
proceedings are according to law, and that the purchase money is
fully paid. When signed by the governor, countersigned by the
secretary of state, and sealed with the great seal of the state, such
deed shall be returned to the
auditor
of state who
department
of administrative services, which
shall
deliver it to the grantee.
Sec.
507.12.
(A)
To enhance the background and working knowledge of township fiscal
officers in government accounting, budgeting and financing, financial
report preparation, cybersecurity,
and
the
rules adopted by the auditor of state,
bulletins
or other information published by the auditor of state, and any other
subject deemed appropriate by the auditor of state,
the
auditor of state shall conduct education programs and continuing
education courses for individuals elected or appointed for the first
time to the office of township fiscal officer, and shall conduct
continuing education courses for individuals who continue to hold the
office in a subsequent term. The Ohio township association also may
conduct such initial education programs and continuing education
courses if approved by the auditor of state. The auditor of state, in
conjunction with the Ohio township association, shall determine the
manner and content of the initial education programs and continuing
education courses.
(B)
A newly elected or appointed township fiscal officer shall complete
at least six hours of initial education programs before commencing,
or during the first year of, office. A township fiscal officer who
participates in a training program held under section 117.44 of the
Revised Code may apply those hours taken before commencing office to
the six hours of initial education programs required under this
division.
(C)(1)
In addition to the six hours of initial education required under
division (B) of this section, a newly elected township fiscal officer
shall complete at least a total of eighteen continuing education
hours during the township fiscal officer's first term of office.
(2)
A township fiscal officer who is elected to a subsequent term of
office shall complete twelve hours of continuing education courses in
each subsequent term of office.
(3)
The auditor of state shall adopt rules specifying the initial
education programs and continuing education courses that are required
for a township fiscal officer who has been appointed to fill a
vacancy. The requirements shall be proportionally equivalent, based
on the time remaining in the vacated office, to the requirements for
a newly elected township fiscal officer.
(4)
At least two hours of ethics instruction shall be included in the
continuing education hours required by divisions (C)(1) and (2) of
this section.
(5)
A township fiscal officer who participates in a training program or
seminar established under section 109.43 of the Revised Code may
apply the three hours of training to the continuing education hours
required by divisions (C)(1) and (2) of this section.
(D)(1)
A certified public accountant who serves as a township fiscal officer
may apply to the continuing education hours required by division (C)
of this section any hours of continuing education completed under
section 4701.11 of the Revised Code after being elected or appointed
as a township fiscal officer.
(2)
A township fiscal officer may apply to the continuing education hours
required by division (C) of this section any hours of continuing
education completed under section 135.22 of the Revised Code after
being elected or appointed as a township fiscal officer.
(3)
A township fiscal officer who teaches an approved continuing
education course under division (C) of this section is entitled to
credit for the course in the same manner as if the township fiscal
officer had attended the course.
(E)
The
auditor of state shall adopt rules for verifying the completion of
initial education programs and continuing education courses required
under this section.
The
auditor
of state
Ohio
township association
shall
issue a certificate of completion to each township fiscal officer who
completes the initial education programs and continuing education
courses. The
auditor
of state
association
shall
issue a
notice
of
"failure
to complete"
notice
to
any township fiscal officer who is required to complete initial
education programs and continuing education courses under this
section, but who fails to do so. The notice is for informational
purposes only and does not affect any individual's ability to hold
the office of township fiscal officer.
The
township fiscal officer shall retain the documentation of any initial
or continuing education courses completed. The auditor of state shall
audit for compliance with this section.
(F)
Each board of township trustees shall approve a reasonable amount
requested by the township fiscal officer to cover the costs the
township fiscal officer is required to incur to meet the requirements
of this section, including registration fees, lodging and meal
expenses, and travel expenses.
Sec.
703.34.
(A)
As used in this section, "condition for the dissolution of a
village" means any of the following:
(1)
The village has been declared to be in a fiscal emergency under
Chapter 118. of the Revised Code and has been in fiscal emergency for
at least three consecutive years with little or no improvement on the
conditions that caused the fiscal emergency declaration.
(2)
The village has failed to properly follow applicable election laws
for at least two consecutive election cycles for any one elected
office in the village.
(3)
The village has been declared during an audit conducted under section
117.11 of the Revised Code to be unauditable under section 117.41 of
the Revised Code in at least two consecutive audits.
(4)
The village does not provide at least two services typically provided
by municipal government, such as police or fire protection, garbage
collection, water or sewer service, emergency medical services, road
maintenance, or similar services. "Services" does not
include any administrative service or legislative action.
(5)
The village has failed for any fiscal year to adopt the tax budget
required by section 5705.28 of the Revised Code.
(6)
A village elected official has been convicted of theft in office,
either under section 2921.41 of the Revised Code or an equivalent
criminal statute at the federal level, at least two times in a period
of ten years. The convicted official with respect to those
convictions may be the same person or different persons.
(B)
If the auditor of state finds, in an audit report issued under
division (A) or (B) of section 117.11 of the Revised Code of a
village that has a population of
one
five
hundred
fifty
persons
or less
and consists of less than two square miles
,
that the village meets at least two conditions for the dissolution of
a village, the auditor of state shall send a certified copy of the
report together with a letter to the attorney general requesting the
attorney general to institute legal action to dissolve the village in
accordance with division (C) of this section. The report and letter
shall be sent to the attorney general within ten business days after
the auditor of state's transmittal of the report to the village. The
audit report transmitted to the village shall be accompanied by a
notice to the village of the auditor's intent to refer the report to
the attorney general for legal action in accordance with this
section.
(C)
Within twenty days of receipt of the auditor of state's report and
letter, the attorney general may file a legal action in the court of
common pleas on behalf of the state to request the dissolution of the
village that is the subject of the audit report. If a legal action is
filed, the court shall hold a hearing within ninety days after the
date the attorney general files the legal action with the court.
Notice of the hearing shall be filed with the attorney general, the
clerk of the village that is the subject of the action, and each
fiscal officer of a township located wholly or partly within the
village.
At
the hearing on dissolution, the court shall determine if the village
has a population of
one
five
hundred
fifty
persons
or less
,
consists of less than two square miles,
and meets at least two conditions for the dissolution of a village.
If the court so finds, the court shall order the dissolution of the
village, which shall proceed in accordance with sections 703.31 to
703.39 of the Revised Code. The attorney general shall file a
certified copy of the court's order of dissolution with the secretary
of state and the county recorder of the county in which the village
is situated, who shall record it in their respective offices.
(D)
For purposes of this section, the population of a village shall be
the population determined either at the last preceding federal
decennial census or according to population estimates certified by
the department of development between decennial censuses.
(E)
The procedure in this section is in addition to the procedure of
section 703.33 of the Revised Code for the dissolution of a village.
Sec.
731.14.
All
contracts made by the legislative authority of a village shall be
executed in the name of the village and signed on its behalf by the
mayor and clerk. 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, when any
expenditure, other than the compensation of persons employed in the
village, exceeds the amount specified in section 9.17 of the Revised
Code, such contracts shall be in writing and made with the lowest and
best bidder after advertising once a week for not less than two
consecutive weeks in a newspaper of general circulation within the
village. The legislative authority may also cause notice to be
inserted in trade papers or other publications designated by it or to
be distributed by electronic means, including posting the notice on
the legislative authority's internet web site. If the legislative
authority posts the notice on its web site, it may eliminate the
second notice otherwise required to be published in a newspaper of
general circulation within the village, provided that the first
notice published in such newspaper meets all of the following
requirements:
(A)
It is published at least two weeks before the opening of bids.
(B)
It includes a statement that the notice is posted on the legislative
authority's internet web site.
(C)
It includes the internet address of the legislative authority's
internet web site.
(D)
It includes instructions describing how the notice may be accessed on
the legislative authority's internet web site.
The
bids shall be opened and shall be publicly read by the clerk of the
village or a person designated by the clerk at the time, date, and
place 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 legislative authority of the village, 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. This section does not apply to those villages that have
provided for the appointment of a village administrator under section
735.271 of the Revised Code.
As
used in this section, "personal protective equipment" means
equipment worn to minimize exposure to hazards that cause workplace
injuries and illnesses.
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 the amount specified in section
9.17 of the Revised Code. When an expenditure, other than the
compensation of persons employed by the village, exceeds the amount
specified in section 9.17 of the Revised Code, 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. No expenditure subject to this section shall be divided into
component parts, separate projects, or separate items of work in
order to avoid the requirements of this section.
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.
733.81.
(A)
As used in this section, "fiscal officer" means the city
auditor, city treasurer, village fiscal officer, village
clerk-treasurer, village clerk, and, in the case of a municipal
corporation having a charter that designates an officer who, by
virtue of the charter, has duties and functions similar to those of
the city or village officers referred to in this section, the officer
so designated by the charter.
(B)
To enhance the background and working knowledge of fiscal officers in
government accounting, budgeting and financing, financial report
preparation, cybersecurity,
and
the
rules adopted by the auditor of state,
bulletins
or other information published by the auditor of state, and any other
subject deemed appropriate by the auditor of state,
the
auditor of state shall conduct education programs and continuing
education courses for individuals elected or appointed for the first
time to the office of fiscal officer, and shall conduct continuing
education courses for individuals who continue to hold the office in
a subsequent term. The Ohio municipal league also may conduct such
initial education programs and continuing education courses if
approved by the auditor of state. The auditor of state, in
conjunction with the Ohio municipal league, shall determine the
manner and content of the initial education programs and continuing
education courses.
(C)
A newly elected or appointed fiscal officer shall complete at least
six hours of initial education programs before commencing, or during
the first year of, office. A fiscal officer who participates in a
training program held under section 117.44 of the Revised Code may
apply those hours taken before commencing office to the six hours of
initial education programs required under this division.
(D)(1)
In addition to the six hours of initial education required under
division (B) of this section, a newly elected or appointed fiscal
officer shall complete at least a total of eighteen continuing
education hours during the fiscal officer's first term of office.
(2)
An elected or appointed fiscal officer who retains office for a
subsequent term shall complete twelve hours of continuing education
courses in each subsequent term of office.
(3)
The auditor of state shall adopt rules
consistent
with division (B) of this section
specifying
the initial education
programs
and
continuing education
courses
that are required
requirements
for
a fiscal officer who has been appointed. The requirements shall be
proportionally equivalent, based on the time remaining in the vacated
office, to the requirements for a newly elected or appointed fiscal
officer.
(4)
At least two hours of ethics instruction shall be included in the
continuing education hours required by divisions (D)(1) and (2) of
this section.
(5)
A fiscal officer who participates in a training program or seminar
established under section 109.43 of the Revised Code may apply the
three hours of training to the continuing education hours required by
divisions (D)(1) and (2) of this section.
(E)(1)
A certified public accountant who serves as a fiscal officer may
apply to the continuing education hours required by division (D) of
this section any hours of continuing education completed under
section 4701.11 of the Revised Code after being elected or appointed
as a fiscal officer.
(2)
A fiscal officer may apply to the continuing education hours required
by division (D) of this section any hours of continuing education
completed under section 135.22 of the Revised Code after being
elected or appointed as a fiscal officer.
(3)
A fiscal officer who teaches an approved continuing education course
under division (D) of this section is entitled to credit for the
course in the same manner as if the fiscal officer had attended the
course.
(F)
The
auditor of state shall adopt rules for verifying the completion of
initial education programs and continuing education courses required
under this section for each category of fiscal officer.
The
auditor
of state
Ohio
municipal league
shall
issue a certificate of completion to each fiscal officer who
completes the initial education programs and continuing education
courses. The
auditor
of state
Ohio
municipal league
shall
issue
a
notices
of
"failure
to complete"
notice
to
any fiscal officer who is required to complete initial education
programs and continuing education courses under this section, but who
fails to do so. The notice is for informational purposes only and
does not affect any individual's ability to hold the office to which
the individual was elected or appointed.
The
fiscal officer shall retain the documentation of any initial or
continuing education courses. The auditor of state shall audit for
compliance with this section.
(G)
The legislative authority of a municipal corporation shall approve a
reasonable amount requested by the fiscal officer to cover the costs
the fiscal officer is required to incur to meet the requirements of
this section, including registration fees, lodging and meal expenses,
and travel expenses.
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 the amount
specified in section 9.17 of the Revised Code. When an expenditure
within the department, other than the compensation of persons
employed in the department, exceeds the amount specified in section
9.17 of the Revised Code, 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
125.60
to
4115.35
125.6012
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. No expenditure subject to this section shall be divided
into component parts, separate projects, or separate items of work in
order to avoid the requirements of this section.
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
125.60
to
4115.35
125.6012
of
the Revised Code, the board of hospital trustees shall enter into a
contract for work or supplies where the estimated cost exceeds 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 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.
1533.13.
Hunting
and fishing licenses, wetlands habitat stamps, deer and wild turkey
permits, fur taker permits, and any other licenses, permits, or
stamps that are required under this chapter or Chapter 1531. of the
Revised Code and any reissued license, permit, or stamp may be issued
by the clerk of the court of common pleas, village clerks, township
fiscal officers, and other authorized agents designated by the chief
of the division of wildlife. When required by the chief, a clerk,
fiscal officer, or other agent shall give bond in the manner provided
by the chief. All bonds, reports,
except
records
prescribed by the auditor of state
,
and moneys received by those persons shall be handled under rules
adopted by the director of natural resources.
The
premium of any bond prescribed by the chief under this section may be
paid by the chief. Any person who is designated and authorized by the
chief to issue licenses, stamps, and permits as provided in this
section, except the clerk of the court of common pleas, a village
clerk, and a township fiscal officer, shall pay to the chief a
premium in an amount that represents the person's portion of the
premium paid by the chief under this section, which amount shall be
established by the chief and approved by the wildlife council created
under section 1531.03 of the Revised Code. The chief shall pay all
moneys that the chief receives as premiums under this section into
the state treasury to the credit of the wildlife fund created under
section 1531.17 of the Revised Code.
Every
authorized agent, for the purpose of issuing hunting and fishing
licenses, wetlands habitat stamps, deer and wild turkey permits, and
fur taker permits, may administer oaths to and take affidavits from
applicants for the licenses, stamps, or permits when required. An
authorized agent may appoint deputies to perform any acts that the
agent is authorized to perform, consistent with division rules.
Every
applicant for a hunting or fishing license, wetlands habitat stamp,
deer or wild turkey permit, or fur taker permit, unless otherwise
provided by division rule, shall provide the applicant's name, date
of birth, weight, height, and place of residence and any other
information that the chief may require. The clerk, fiscal officer, or
other agent authorized to issue licenses, stamps, and permits shall
charge each applicant a fee of one dollar or four per cent of the
cost of the license, stamp, or permit, whichever is greater, for
taking the information provided by the applicant and issuing the
license, stamp, or permit. The application, license, stamp, permit,
and other blanks required by this section shall be prepared and
furnished by the chief, in the form the chief provides, to the clerk,
fiscal officer, or other agent authorized to issue them. The licenses
and permits shall be issued to applicants by the clerk, fiscal
officer, or other agent. The record of licenses and permits kept by
the clerks, fiscal officers, and other agents shall be uniform
throughout the state
and
in the form or manner as the auditor of state prescribes
and
shall be open at all reasonable hours to the inspection of any
person. Unless otherwise provided by division rule, each annual
hunting license, deer or wild turkey permit, and fur taker permit
issued shall remain in force until the first day of March.
Application for any such license or permit may be made and a license
or permit issued prior to the date upon which it becomes effective.
The
chief may require an applicant who wishes to purchase a license,
stamp, or permit by mail or telephone or via the internet to pay a
nominal fee for postage and handling and credit card transactions.
The
court before whom a violator of any laws or division rules for the
protection of wild animals is tried, as a part of the punishment,
shall revoke the license, stamp, or permit of any person convicted.
The license, stamp, or permit fee paid by that person shall not be
returned to the person. The person shall not procure or use any other
license, stamp, or permit or engage in hunting wild animals or
trapping fur-bearing animals during the period of revocation as
ordered by the court.
No
person under sixteen years of age shall engage in hunting unless
accompanied by the person's parent or another adult person.
Sec.
3313.27.
At
the expiration of the term of any treasurer of any board of education
or before any board approves the surety of any treasurer, such board
shall require the treasurer to produce all money, bonds, or other
securities in
his
the treasurer's
hands, which shall then be counted by the board or a committee
thereof
,
or by a representative of the auditor of state
.
A certificate setting forth the exact amount of such money, bonds, or
other securities, and signed by the representatives making such
count, shall be entered upon the records of the board and shall be
prima-facie evidence that the amount therein stated was actually in
the treasury at that date.
Sec.
3314.011.
(A)
Every community school established under this chapter shall have a
designated fiscal officer. Except as provided for in division (C) of
this section, the fiscal officer shall be employed by or engaged
under a contract with the governing authority of the community
school.
(B)
Except as otherwise provided in section 3.061 of the Revised Code,
the
auditor
of state
department
of education and workforce
shall
require that the fiscal officer of any community school, before
entering upon duties as fiscal officer of the school, execute a bond
in an amount and with surety to be approved by the governing
authority of the school, payable to the state, conditioned for the
faithful performance of all the official duties required of the
fiscal officer. The bond shall be deposited with the governing
authority of the school, and a copy thereof, certified by the
governing authority, shall be filed with the county auditor.
(C)
Prior to assuming the duties of fiscal officer, the fiscal officer
designated under this section shall be licensed under section
3301.074 of the Revised Code. Any person serving as a fiscal officer
of a community school on March 22, 2013, who is not licensed as a
treasurer shall be permitted to serve as a fiscal officer for not
more than one year following March 22, 2013. Beginning on that date
and thereafter, no community school shall permit any individual to
serve as a fiscal officer without a license as required by this
section.
(D)(1)
The governing authority of a community school may adopt a resolution
waiving the requirement that the governing authority is the party
responsible to employ or contract with the designated fiscal officer,
as prescribed by division (A) of this section, so long as the
school's sponsor also approves the resolution. The resolution shall
be valid for one year. A new resolution shall be adopted for each
year that the governing authority wishes to waive this requirement,
so long as the school's sponsor also approves the resolution.
No
resolution adopted pursuant to this division may waive the
requirement for a community school to have a designated fiscal
officer.
(2)
If the governing authority adopts a resolution pursuant to division
(D)(1) of this section, the school's designated fiscal officer
annually shall meet with the governing authority to review the
school's financial status.
(3)
The governing authority shall submit to the department of education
and workforce a copy of each resolution adopted pursuant to division
(D)(1) of this section.
Sec.
3315.18.
(A)
The board of education of each city, exempted village, local, and
joint vocational school district shall establish a capital and
maintenance fund. Each board annually shall deposit into that fund an
amount derived from revenues received by the district that would
otherwise have been deposited in the general fund that is equal to
three per cent of the statewide average base cost per pupil for the
preceding fiscal year, as defined in section 3317.02 of the Revised
Code,
or
another percentage if established by the auditor of state under
division (B) of this section,
multiplied
by the district's student population for the preceding fiscal year,
except that money received from a permanent improvement levy
authorized by section 5705.21 of the Revised Code may replace general
revenue moneys in meeting the requirements of this section. Money in
the fund shall be used solely for acquisition, replacement,
enhancement, maintenance, or repair of permanent improvements, as
that term is defined in section 5705.01 of the Revised Code. Any
money in the fund that is not used in any fiscal year shall carry
forward to the next fiscal year.
(B)
The director of education and workforce and the auditor of state
jointly shall adopt rules in accordance with Chapter 119. of the
Revised Code defining what constitutes expenditures permitted by
division (A) of this section.
The auditor of state may designate a percentage, other than three per
cent, of the statewide average base cost per pupil multiplied by the
district's student population that must be deposited into the fund.
(C)
Within its capital and maintenance fund, a school district board of
education may establish a separate account solely for the purpose of
depositing funds transferred from the district's reserve balance
account established under former division (H) of section 5705.29 of
the Revised Code. After April 10, 2001, a board may deposit all or
part of the funds formerly included in such reserve balance account
in the separate account established under this section. Funds
deposited in this separate account and interest on such funds shall
be utilized solely for the purpose of providing the district's
portion of the basic project costs of any project undertaken in
accordance with Chapter 3318. of the Revised Code.
(D)(1)
Notwithstanding division (A) of this section, in any year a district
is in fiscal emergency status as declared pursuant to section 3316.03
of the Revised Code, the district may deposit an amount less than
required by division (A) of this section, or make no deposit, into
the district capital and maintenance fund for that year.
(2)
Notwithstanding division (A) of this section, in any fiscal year that
a school district is either in fiscal watch status, as declared
pursuant to section 3316.03 of the Revised Code, or in fiscal caution
status, as declared pursuant to section 3316.031 of the Revised Code,
the district may apply to the director of education and workforce for
a waiver from the requirements of division (A) of this section, under
which the district may be permitted to deposit an amount less than
required by that division or permitted to make no deposit into the
district capital and maintenance fund for that year. The director may
grant a waiver under division (D)(2) of this section if the district
demonstrates to the satisfaction of the director that compliance with
division (A) of this section that year will create an undue financial
hardship on the district.
(3)
Notwithstanding division (A) of this section, not more often than one
fiscal year in every three consecutive fiscal years, any school
district that does not satisfy the conditions for the exemption
described in division (D)(1) of this section or the conditions to
apply for the waiver described in division (D)(2) of this section may
apply to the director for a waiver from the requirements of division
(A) of this section, under which the district may be permitted to
deposit an amount less than required by that division or permitted to
make no deposit into the district capital and maintenance fund for
that year. The director may grant a waiver under division (D)(3) of
this section if the district demonstrates to the satisfaction of the
director that compliance with division (A) of this section that year
will necessitate the reduction or elimination of a program currently
offered by the district that is critical to the academic success of
students of the district and that no reasonable alternatives exist
for spending reductions in other areas of operation within the
district that negate the necessity of the reduction or elimination of
that program.
(E)
Notwithstanding any provision to the contrary in Chapter 4117. of the
Revised Code, the requirements of this section prevail over any
conflicting provisions of agreements between employee organizations
and public employers entered into after November 21, 1997.
(F)
As used in this section, "student population" means the
average, daily, full-time equivalent number of students in
kindergarten through twelfth grade receiving any educational services
from the school district during the first full school week in
October, excluding students enrolled in adult education classes, but
including all of the following:
(1)
Adjacent or other district students enrolled in the district under an
open enrollment policy pursuant to section 3313.98 of the Revised
Code;
(2)
Students receiving services in the district pursuant to a compact,
cooperative education agreement, or a contract, but who are entitled
to attend school in another district pursuant to section 3313.64 or
3313.65 of the Revised Code;
(3)
Students for whom tuition is payable pursuant to sections 3317.081
and 3323.141 of the Revised Code.
The
department of education and workforce shall determine a district's
student population using data reported to it under section 3317.03 of
the Revised Code for the applicable fiscal year.
Sec.
3315.181.
As
used in this section, "securities" has the same meaning as
in section 133.01 of the Revised Code.
Notwithstanding
division (A) of section 3315.18 of the Revised Code, the board of
education of a city, exempted village, local, or joint vocational
school district, in meeting the amount required by that division to
be deposited in the district's capital and maintenance fund, may
replace general fund revenues with proceeds received from a permanent
improvement levy authorized by section 5705.21 of the Revised Code
only to the extent the proceeds are available to be used for the
acquisition, replacement, enhancement, maintenance, or repair of
permanent improvements as defined in section 5705.01 of the Revised
Code. In addition, the board may replace general fund revenues with
proceeds received from any of the following sources in meeting the
amount required by that division to be deposited in the fund:
(A)
Proceeds received from any securities whose use is limited to the
acquisition, replacement, enhancement, maintenance, or repair of
permanent improvements;
(B)
Insurance proceeds received as a result of the damage to or theft or
destruction of a permanent improvement to the extent a board of
education places the proceeds in a separate fund for the acquisition,
replacement, enhancement, maintenance, or repair of permanent
improvements;
(C)
Proceeds received from the sale of a permanent improvement to the
extent the proceeds are paid into a separate fund for the
construction or acquisition of permanent improvements;
(D)
Proceeds received from a tax levy authorized by section 3318.06 of
the Revised Code to the extent the proceeds are available to be used
for the maintenance of capital facilities;
(E)
Proceeds of certificates of participation issued as part of a
lease-purchase agreement entered into under section 3313.375 of the
Revised Code;
(F)
Proceeds of any school district income tax levied under Chapter 5748.
of the Revised Code for permanent improvements, to the extent the
proceeds are available for the acquisition, replacement, enhancement,
maintenance, or repair of permanent improvements
;
(G)
Any other revenue source identified by the auditor of state, in
consultation with the department of education and workforce, in rules
adopted by the auditor of state
.
Sec.
3317.035.
The
auditor of state may conduct annual audits of the information
certified under section 3317.03 of the Revised Code
by a number of school districts determined by the auditor of state
and selected at random
.
Sec.
3318.48.
(A)
When all of the following have occurred, a project undertaken by a
school district pursuant to this chapter shall be considered complete
and the Ohio facilities construction commission shall issue a
certificate of completion to the district board of education:
(1)
All facilities to be constructed under the project, as specified in
the project agreement entered into under section 3318.08 of the
Revised Code, have been completed and the board has received a
permanent certificate of occupancy for each of those facilities.
(2)
The commission has issued certificates of contract completion on all
prime construction contracts entered into by the board under section
3318.10 of the Revised Code.
(3)
The commission has completed a final accounting of the district's
project construction fund and has determined that all payments from
the fund were made in compliance with all policies of the commission.
(4)
Any litigation concerning the project has been finally resolved with
no chance of appeal.
(5)
All construction management services typically provided by the
commission to school districts have been delivered and the commission
has canceled any remaining encumbrance of funds for those services.
(B)
The commission may issue a certificate of completion to a district
board prior to all of the conditions described in division (A) of
this section being satisfied, if the commission determines that the
circumstances preventing the conditions from being satisfied are so
minor in nature that the project should be considered complete. When
issuing a certificate of completion under this division, the
commission may specify any of the following:
(1)
Any construction or work that has yet to be completed and the manner
in which the board shall oversee its completion, which may include
procedures for reporting progress to the commission and for
accounting of expenditures;
(2)
Terms and conditions for the resolution of any pending litigation;
(3)
Any remaining responsibilities of the construction manager regarding
the project.
(C)
The commission may issue a certificate of completion to a district
board that does not voluntarily participate in the process of closing
out the district's project, if the construction manager for the
project verifies that all facilities to be constructed under the
project, as specified in the project agreement entered into under
section 3318.08 of the Revised Code, have been completed and the
commission determines that those facilities have been occupied for at
least one year. In that case, all funds due to the commission under
division (C) of section 3318.12 of the Revised Code shall be returned
to the commission not later than thirty days after receipt of the
certificate of completion. If the funds due to the commission have
not been returned within sixty days after receipt of the certificate
of completion, the
auditor
of state
commission
shall
issue
a finding for recovery against the school district and shall request
legal action
certify
a claim to the attorney general for collection
under
section
117.42
131.02
of
the Revised Code.
(D)
Upon issuance of a certificate of completion under this section, the
commission's ownership of and interest in the project, as specified
in division (F) of section 3318.08 of the Revised Code, shall cease.
This cessation shall not alter or otherwise affect the state's or
commission's interest in the project or any limitations on the use of
the project as specified in the project agreement pursuant to
divisions (G), (M), and (N) of that section or as specified in
section 3318.16 of the Revised Code.
Sec.
3328.16.
(A)
Each college-preparatory boarding school established under this
chapter shall have a designated fiscal officer. The
auditor
of state
department
of education and workforce
may
require by rule that the fiscal officer of any college-preparatory
boarding school, before entering upon duties as fiscal officer,
execute a bond in an amount and with surety to be approved by the
school's board of trustees, payable to the state, conditioned for the
faithful performance of all the official duties required of the
fiscal officer. Any such bond shall be deposited with the school's
board of trustees, and a copy of the bond shall be certified by the
board and filed with the county auditor.
(B)
Before assuming the duties of fiscal officer, the fiscal officer
designated under this section shall be licensed as a treasurer under
section 3301.074 of the Revised Code. No college-preparatory boarding
school shall allow a person to serve as fiscal officer who is not
licensed as required by this division.
Sec.
3375.39.
At
the expiration of the term of a fiscal officer of a board of library
trustees of a free public library or before such board approves the
surety of any fiscal officer, such board shall require the fiscal
officer to produce all money, bonds, or other securities in the
fiscal officer's hands, which shall then be counted by the board or a
committee of the board
,
or by a representative of the auditor of state
.
A certificate setting forth the exact amount of such money, bonds, or
other securities and signed by the representatives making such count
shall be entered upon the records of the board and shall be
prima-facie evidence that the amount stated in such certificate is
actually in the treasury at that date.
Sec.
3375.92.
The
fiscal officer of the board of trustees of the regional library
system is the treasurer of the organization's funds. Before entering
upon their duties, the fiscal officer and the deputy fiscal officer
shall execute a bond in an amount and with surety to be approved by
the board, and conditioned for the faithful performance of the
official duties required of them.
All
moneys received by the fiscal officer shall be immediately placed by
the fiscal officer in a depository designated by the board. The
fiscal officer shall keep an account of the funds credited to the
board.
The
fiscal officer shall render a monthly statement to the board showing
the revenues and receipts from whatever sources derived, the
disbursements and the purposes for such disbursements, and the assets
and liabilities of the board. At the end of each fiscal year the
fiscal officer shall submit to the board, to the state library board
and, if requested, to any granting authority, a complete financial
statement showing the receipts and expenditures in detail for the
entire fiscal year. Such financial records shall be open to public
inspection at all reasonable times.
At
the expiration of the term of the fiscal officer or before the board
of trustees approves the surety of any fiscal officer, the board
shall require the fiscal officer to produce all moneys, bonds, or
other securities in the fiscal officer's hands, which shall then be
counted by the board or a committee of the board
,
or by a representative of the auditor of state
.
A certificate setting forth the exact amount of such money, bonds, or
other securities and signed by the persons making such count shall be
entered upon the records of the board and shall be prima-facie
evidence that the amount stated in such certificate is actually in
the treasury at that date.
Sec.
3381.11.
The
board of trustees of a regional arts and cultural district or any
officer or employee designated by such board may make any contract
for the purchase of supplies or material or for labor for any work,
under the supervision of the board, the cost of which shall not
exceed ten thousand dollars. When an expenditure, other than for the
acquisition of real estate, the discharge of noncontractual claims,
personal services, or for the product or services of public
utilities, exceeds ten thousand dollars, such expenditure shall be
made only after a notice calling for bids has been published once a
week for two consecutive weeks in one newspaper of general
circulation within the territory of the district or as provided in
section 7.16 of the Revised Code. The board may then let said
contract to the lowest and best bidder, who shall give a good and
approved bond with ample security conditioned on the carrying out of
the contract. Such contract shall be in writing and shall be
accompanied by or shall refer to plans and specifications for the
work to be done, approved by the board. The plans and specifications
shall at all times be made and considered part of the contract. The
contract shall be approved by the board and signed on behalf of the
district and by the contractor. No sale of any real or personal
property or a lease thereof having a term thereof in excess of five
years shall be made except with the highest and best bidder after
publication of notice for bids in the manner above provided.
Competitive
bidding under this section is not required when:
(A)
The board, by a two-thirds affirmative vote of its members,
determines that a real and present emergency exists and such
determination and the reasons therefor are entered in the proceedings
of the board, when:
(1)
The estimated cost is less than fifteen thousand dollars; or
(2)
There is actual physical damage to structures or equipment.
(B)
Such purchase consists of supplies or a replacement or supplemental
part or parts for a product or equipment owned or leased by the
district and the only source of supply for such supplies, part, or
parts is limited to a single supplier;
(C)
The lease is a renewal of a lease for electronic data processing
equipment, services, or systems;
(D)
Services or supplies are available from a qualified nonprofit agency
pursuant to sections
4115.31
125.60
to
4115.35
125.6012
of
the Revised Code;
(E)
With respect to any contract, agreement, or lease by a district with
any arts or cultural organization or any governmental body or agency.
Sec.
3709.15.
The
board of health of a city or general health district may appoint as
many persons for sanitary duty as the public health and sanitary
conditions of the district require, and such persons shall have
general police powers and be known as "sanitarians." The
board may also appoint as many registered nurses for public health
nurse duty as the public health and sanitary conditions of the
district require, who shall be known as "public health nurses,"
and where such are appointed, the board may appoint licensed
practical nurses as defined by section
4723.15
4723.02
of the Revised Code. The legislative authority of the city may
determine the maximum number of sanitarians and public health nurses
and licensed practical nurses to be appointed.
The
board of health of a city or general health district may provide
nursing care and other therapeutic and supportive care services to
maintain an ill or infirm person in a place of residence used as such
person's home or elsewhere. The board shall charge and collect
reasonable fees not to exceed the cost of service for such care from
patients financially able to pay, or may accept payment for such
services from persons or public or private agencies on behalf of the
recipient, either directly or by contract with such persons or
agencies. The fees shall be retained by the board and placed in a
special fund to be known as the home health services fund, and shall
be used by the board only for defraying the cost of personnel,
equipment, supplies, rental of physical facilities including real
property, utilities, and administrative costs in providing services
under this section.
The approval of the auditor of state referred to in section 5705.12
of the Revised Code shall not be required for the establishment of
the fund.
The
board, in addition, may contract with any individual or a public or
private agency to furnish services authorized by this section on
behalf of a city or general health district for such time and for
such compensation as may be agreed upon by the board and the
individual or agency. The compensation shall be paid by the board
from the home health services fund, or from any other available fund
of the board.
Sec.
3717.071.
(A)
The director of agriculture and director of health shall prescribe
forms for use in calculating the licensing fees that may be charged
under sections 3717.25 and 3717.45 of the Revised Code. Each licensor
that charges licensing fees shall use the forms in calculating its
costs according to the uniform methodologies established in rules
adopted under section 3717.07 of the Revised Code.
(B)(1)
If the licensor is a board of health, the board shall submit the form
to the director of agriculture in the case of fees being charged for
retail food establishment licenses, and to the director of health in
the case of fees being charged for food service operation licenses.
The board shall submit the form to the appropriate director not later
than the first day of the fiscal year in which the fees will apply. A
form that is mailed to the director shall be considered to have been
submitted on its postmark date.
(2)
On receipt of a form from a board of health, the director of
agriculture or director of health shall review the form to determine
if the board has calculated its fees in accordance with the uniform
methodologies.
The
director may request that the auditor of state conduct an audit of
the board to determine if the fees it established are appropriate.
The audit is in addition to the annual or biennial audit conducted
pursuant to division (A) of section 117.11 of the Revised Code,
and
the cost of the audit is the responsibility of the board of health.
If
at any time the director of agriculture or director of health has
reasonable cause to believe that
a
different
an
audit
of a board of health
,
in addition to the annual or biennial audit conducted pursuant to
division (A) of section 117.11 of the Revised Code,
is in the public interest, the director may request that the auditor
of state conduct the audit. If the audit is conducted, the cost of
the audit is the responsibility of the board of health.
(C)(1)
If a board of health fails to submit the forms as required under
division (B)(1) of this section and the failure has occurred not more
than twice in the immediately preceding five-year period, the board
is subject to the following penalties:
(a)
If the form is late by one but not more than five working days, a
fine of fifty dollars for each working day the form is late;
(b)
If the form is late by six working days but not more than ten working
days, a fine of one hundred dollars for each working day the form is
late;
(c)
If the form is late by more than ten working days, the board shall
reduce by twenty per cent the fees it charges under section 3717.25
or 3717.45 of the Revised Code during the next succeeding fiscal
year.
(2)
If a board fails to submit the forms and the failure has occurred
more than twice in the immediately preceding five-year period, the
board shall reduce by twenty per cent the fees it charges under
section 3717.25 or 3717.45 of the Revised Code during the next
succeeding fiscal year.
(3)
A board of health that is required to pay a fine or reduce its
licensing fees shall not include any part of the cost of the penalty
in the fees it charges under section 3717.25 or 3717.45 of the
Revised Code or the fees it charges in operating any other licensing
program.
Sec.
5117.12.
(A)
On or before the thirty-first day of August of each year, each energy
company shall file a written report with the director of development
regarding the impact, if any, of the requirements of division (E) of
section 5117.11 of the Revised Code on the number of uncollectible
and past due residential accounts for the twelve-month period ending
on the preceding thirty-first day of July. The report shall include
such information as is prescribed by the director. The information
shall be based on actual reviews of residential customer accounts and
shall be presented in verifiable form. The director may consult with
the public utilities commission and the consumers' counsel in
prescribing the contents of such reports and complying with the
requirements of division (C)(4) of this section.
(B)
Before the thirty-first day of January of each year, the director
shall prepare a written report including a final review of the Ohio
energy credit program for which applications were required to be
mailed or provided by the fifteenth day of June of the second
preceding calendar year pursuant to section 5117.03 of the Revised
Code and an interim review of the program for which applications were
required to be mailed or provided by the fifteenth day of June of the
preceding calendar year under such section. On or before the
thirty-first day of January of each year, the director shall provide
written copies of such report to the speaker of the house of
representatives, president of the senate, minority leaders of the
house of representatives and senate, chairpersons of the house
finance and appropriations committee and senate finance committee,
chairpersons of the committees of the house of representatives and
senate customarily entrusted with matters concerning public
utilities, clerk of the house of representatives, and clerk of the
senate.
(C)
Each report prepared under division (B) of this section shall include
a review of:
(1)
Program costs;
(2)
The number of persons receiving credits or payments under the
program;
(3)
Progress in the implementation of any changes in the program made by
the general assembly within the period covered by the report;
(4)
The impact, if any, of the requirements of division (E) of section
5117.11 of the Revised Code on the number of uncollectible and past
due residential accounts of energy companies for the twelve-month
period ending on the preceding thirty-first day of July;
(5)
The impact of any federal energy assistance programs available to the
same groups of people as are eligible for the energy credit program
under sections 5117.01 to 5117.12 of the Revised Code, together with
any recommendations on modifications that may, because of the federal
programs, be needed in the energy credit program;
(6)
Any suggestions for improving the program;
(7)
Any other matters considered appropriate by the director.
(D)
The director shall consult with
the
auditor of state,
energy companies, energy dealers, department of aging, and commission
on Hispanic-Latino affairs in the preparation of any report under
this section. The director may require information from such agencies
for the purpose of preparing such report.
Sec.
5310.06.
All
money received by the clerk of the probate court or the clerk of the
court of common pleas under section 5310.05 of the Revised Code shall
be paid at least once a month to the treasurer of state, who shall
,
with the advice and approval of the secretary of state and the
auditor of state,
invest, reinvest, and keep invested such funds in bonds and
securities of the United States, or of this state, or of any county,
township, district, or municipal corporation of this state, or in
approved mortgages on
incomeproducing
income-producing
lands
that are registered, provided that no loan shall be made by mortgage
on any land which is not assessed, at the latest general assessment,
for at least twice the amount of the loan, exclusive of improvements.
Sec.
5705.12.
In
addition to the funds provided for by sections 5705.09, 5705.121,
5705.13, and 5705.131 of the Revised Code, the taxing authority of a
subdivision may establish, with the approval of and in the manner
prescribed by the auditor of state, such other funds as are
desirable, and may provide by ordinance or resolution that money
derived from specified sources other than the general property tax
shall be paid directly into such funds.
The auditor of state shall consult with the tax commissioner before
approving such funds.
Sec.
5705.121.
A
municipal corporation may establish in the manner provided by law a
sanitary police pension fund, an urban redevelopment tax increment
equivalent fund, or a cemetery fund.
A
township may establish by law a cemetery fund.
A
subdivision that levies a tax for the purpose described in division
(ZZ) or (AAA) of section 5705.19 of the Revised Code shall establish
a general capital and infrastructure fund to which the proceeds from
that levy shall be credited. By resolution or ordinance, the taxing
authority may establish accounts within that fund for any of the
several particular purposes for which such money may lawfully be
spent, may eliminate such accounts when no longer necessary or
desirable, and may transfer money between such accounts. Money in the
fund may not be used to pay the compensation of officers or employees
of the subdivision.
The
board of health of a city or general health district may establish
the home health services fund referred to in section 3709.15 of the
Revised Code.
Sec.
5923.30.
Whenever
it is ascertained by the adjutant general
or
the auditor of state
that
any officer of the organized militia is unable to properly account
for the property or moneys in
his
the officer's
possession
he
,
the adjutant general
shall give immediate notice thereof to the attorney general for
action against such officer and
his
bondsmen
the
officer's bonder
,
and the attorney general shall bring such action.
Sec.
6101.55.
The
board of directors of a conservancy district shall each year after
the original assessment has been levied determine, order, and levy
the annual levy, which shall include all assessments, or installments
of assessments, together with interest, levied under this chapter,
which become due in the ensuing year. The annual levy shall be due
and be collected at the same time that state and county taxes are due
and collected. After bonds have been sold, in the determination of an
annual levy, the rate of interest upon the unpaid installments of an
assessment shall be the rate borne by the bonds that have been issued
and sold pursuant to the assessment. The annual levy shall be
recorded in the conservancy assessment record, shall be signed and
certified by the president of the board and by the secretary of the
conservancy district not later than the thirtieth day of September
each year, and shall thereafter become a permanent record in the
office of the district.
The
certificate of the annual levy shall be substantially as set forth in
section 6101.84 of the Revised Code. Then shall follow both of the
following:
(A)
The descriptions of the property opposite the names of the owners;
(B)
The total amount of the annual levy on each piece of property and on
each public corporation for the account of all funds and the amount
of each item making up the total.
The
form of the annual levy portion of the conservancy assessment record
as prescribed in this section may be modified with the approval of
the
auditor
of state
court
.
The certificate of the annual levy and the annual levy portion of the
conservancy assessment record shall be named " Assessment Record
of ________________ District, _________________ County, Ohio."
One
copy of that part of the assessment record affecting lands and public
corporations in any county shall be forwarded to the county auditor
of that county. The auditor of each county shall set up as a charge
upon the county treasurer the total amount of assessments levied as
shown by the assessment record, and shall certify the record as other
tax records to the county treasurer of the county. The treasurer
shall collect the amount according to law. The assessment record
shall be the treasurer's warrant and authority to demand and receive
the assessments due in the county as found in the record.
In
the event of any failure of the board to determine and order an
annual levy for the purpose of paying the interest and principal of
any bonds pursuant to this chapter, the auditor of the county in
which the lands and public corporations subject to the assessments
are situated shall make and complete a levy of the special
assessments necessary for the purpose against the lands and public
corporations in the district, and each piece of property in that
county against which benefits have been appraised. Any assessment so
made and completed by the auditor shall be made and completed by the
auditor in the manner provided for the making and completion of an
assessment by the board, and shall have the same effect as a levy of
assessments determined and ordered by the board.
Section
2.
That
existing sections 9.35, 117.11, 117.38, 117.44, 127.16, 149.10,
149.30, 169.13, 306.43, 307.86, 308.13, 317.06, 317.20, 319.04,
321.03, 501.09, 501.11, 507.12
,
703.34
,
731.14, 731.141, 733.81, 735.05, 749.31, 1533.13, 3313.27, 3314.011,
3315.18, 3315.181, 3317.035, 3318.48, 3328.16, 3375.39, 3375.92,
3381.11, 3709.15, 3717.071, 5117.12, 5310.06, 5705.12, 5705.121,
5923.30, and 6101.55 of the Revised Code are hereby repealed.
Section
3.
That
sections 117.113, 117.251, 117.441, 117.51, 501.03, 3314.50, 4115.31,
4115.32, 4115.33, 4115.34, 4115.35, and 4115.36 of the Revised Code
are hereby repealed.