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:
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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 hisofficial 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
hisofficial 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
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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 histhe 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
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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
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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,
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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
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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
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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,
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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.
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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.
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(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
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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;
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(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,
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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
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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
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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
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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.
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489 H. B. No. 248 Page 18
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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
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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
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As Introduced
(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;
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(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,
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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
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As Introduced
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
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As Introduced
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.
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As Introduced
(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.
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723 H. B. No. 248 Page 26
As Introduced
(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
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754 H. B. No. 248 Page 27
As Introduced
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
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783 H. B. No. 248 Page 28
As Introduced
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
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813 H. B. No. 248 Page 29
As Introduced
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
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842 H. B. No. 248 Page 30
As Introduced
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
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873 H. B. No. 248 Page 31
As Introduced
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
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901 H. B. No. 248 Page 32
As Introduced
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
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930 H. B. No. 248 Page 33
As Introduced
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.
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(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
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988 H. B. No. 248 Page 35
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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,
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1017 H. B. No. 248 Page 36
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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 4115.35125.6012,
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.
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1047 H. B. No. 248 Page 37
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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.
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1076 H. B. No. 248 Page 38
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(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
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1105 H. B. No. 248 Page 39
As Introduced
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
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1133 H. B. No. 248 Page 40
As Introduced
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
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1162 H. B. No. 248 Page 41
As Introduced
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.
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1191 H. B. No. 248 Page 42
As Introduced
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
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1221 H. B. No. 248 Page 43
As Introduced
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,
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1250 H. B. No. 248 Page 44
As Introduced
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
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1279 H. B. No. 248 Page 45
As Introduced
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
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1308 H. B. No. 248 Page 46
As Introduced
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
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1338 H. B. No. 248 Page 47
As Introduced
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
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1368 H. B. No. 248 Page 48
As Introduced
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
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1397 H. B. No. 248 Page 49
As Introduced
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
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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
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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
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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 statedepartment 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
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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
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1547 H. B. No. 248 Page 54
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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
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1576 H. B. No. 248 Page 55
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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
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1605 H. B. No. 248 Page 56
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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
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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
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1664 H. B. No. 248 Page 58
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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
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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
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1723 H. B. No. 248 Page 60
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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
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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
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As Introduced
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
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As Introduced
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
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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
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As Introduced
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
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1904 H. B. No. 248 Page 66
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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,
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1934 H. B. No. 248 Page 67
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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
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1965 H. B. No. 248 Page 68
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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
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1995 H. B. No. 248 Page 69
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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.
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2024 H. B. No. 248 Page 70
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(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.
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2054 H. B. No. 248 Page 71
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(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
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2085 H. B. No. 248 Page 72
As Introduced
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
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2115 H. B. No. 248 Page 73
As Introduced
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
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As Introduced
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 .
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2172 H. B. No. 248 Page 75
As Introduced
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
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As Introduced
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
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As Introduced
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
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As Introduced
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.
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As Introduced
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.
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As Introduced
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
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2350 H. B. No. 248 Page 81
As Introduced
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.
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2381 H. B. No. 248 Page 82
As Introduced
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
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2411 H. B. No. 248 Page 83
As Introduced
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
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2440 H. B. No. 248 Page 84
As Introduced
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
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2470 H. B. No. 248 Page 85
As Introduced
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
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2498 H. B. No. 248 Page 86
As Introduced
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
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2528 H. B. No. 248 Page 87
As Introduced
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 bondsmenthe
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,
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2557 H. B. No. 248 Page 88
As Introduced
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 statecourt. 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
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2586 H. B. No. 248 Page 89
As Introduced
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,
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2616 H. B. No. 248 Page 90
As Introduced
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.
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