As Introduced
135th General Assembly
Regular Session H. B. No. 548
2023-2024
Representative Lear
Cosponsors: Representatives Robb Blasdel, Dell'Aquila, Dean
A BILL
To amend sections 301.28, 2308.02, 2327.01, 1
2327.02, 2327.04, 2329.01, 2329.151, 2329.152, 2
2329.17, 2329.18, 2329.211, 2329.26, 2329.261, 3
2329.28, 2329.312, 2329.34, 2329.39, 2329.52, 4
5302.01, and 5721.39 and to repeal sections 5
2329.153, 2329.154, 5302.31, and 5721.372 of the 6
Revised Code to prohibit private selling 7
officers and online auctions in real property 8
foreclosure sales. 9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 301.28, 2308.02, 2327.01, 10
2327.02, 2327.04, 2329.01, 2329.151, 2329.152, 2329.17, 2329.18, 11
2329.211, 2329.26, 2329.261, 2329.28, 2329.312, 2329.34, 12
2329.39, 2329.52, 5302.01, and 5721.39 of the Revised Code be 13
amended to read as follows: 14
Sec. 301.28. (A) As used in this section: 15
(1) "Financial transaction device" includes a credit card, 16
debit card, charge card, or prepaid or stored value card, or 17
automated clearinghouse network credit, debit, or e-check entry 18
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As Introduced
that includes, but is not limited to, accounts receivable and 19
internet-initiated, point of purchase, and telephone-initiated 20
applications or any other device or method for making an 21
electronic payment or transfer of funds. 22
(2) "County expenses" includes fees, costs, taxes, 23
assessments, fines, penalties, payments, or any other expense a 24
person owes or otherwise pays to a county office under the 25
authority of a county official, other than dog registration and 26
kennel fees required to be paid under Chapter 955. of the 27
Revised Code. "County expenses" includes payment to a county 28
office of money confiscated during the commitment of an 29
individual to a county jail, of bail, of money for a prisoner's 30
inmate account, and of money for goods and services obtained by 31
or for the use of an individual incarcerated by a county 32
sheriff. "County expenses" includes online financial transaction 33
device payments made through the official public sheriff sale 34
web site pursuant to section 2329.153 of the Revised Code. 35
(3) "County official" includes the county auditor, county 36
treasurer, county engineer, county recorder, county prosecuting 37
attorney, county sheriff, county coroner, county park district 38
and board of county commissioners, the clerk of the probate 39
court, the clerk of the juvenile court, the clerks of court for 40
all divisions of the courts of common pleas, and the clerk of 41
the court of common pleas, the clerk of a county-operated 42
municipal court, and the clerk of a county court. 43
The term "county expenses" includes county expenses owed 44
to the board of health of the general health district or a 45
combined health district in the county. If the board of county 46
commissioners authorizes county expenses to be paid by financial 47
transaction devices under this section, then the board of health 48
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As Introduced
and the general health district and the combined health district 49
may accept payments by financial transaction devices under this 50
section as if the board were a "county official" and the 51
district were a county office. However, in the case of a general 52
health district formed by unification of general health 53
districts under section 3709.10 of the Revised Code, this 54
entitlement applies only if all the boards of county 55
commissioners of all counties in the district have authorized 56
payments to be accepted by financial transaction devices. 57
The term "county expenses" also includes fees for services 58
and the receipt of gifts to the county law library resources 59
fund authorized by rules adopted by the county law library 60
resources board under division (D) of section 307.51 of the 61
Revised Code. If the board of county commissioners authorizes 62
county expenses to be paid by financial transaction devices 63
under this section, then the county law library resources board 64
may accept payments by financial transaction devices under this 65
section as if the board were a "county official." 66
The term "county expenses" also includes fees, costs, 67
assessments, fines, penalties, payments, or any other expense 68
issued by a court of common pleas that a person owes or 69
otherwise pays to a county department of probation established 70
under section 2301.27 of the Revised Code. If the board of 71
county commissioners authorizes county expenses to be paid by 72
financial transaction devices under this section, then the 73
county department of probation may accept payments by financial 74
transaction devices under this section as if the chief probation 75
officer or chief probation officer's designee was a "county 76
official" and the department was a "county office." However, in 77
the case of a multicounty department of probation, this 78
entitlement applies only if all the boards of county 79
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As Introduced
commissioners of all counties in the multicounty department have 80
authorized payments to be accepted by financial transaction 81
devices. A clerk of the court of common pleas may continue 82
accepting payments by financial transaction devices for a county 83
department of probation as authorized under this section. 84
(B) Notwithstanding any other section of the Revised Code 85
and except as provided in division (D) of this section, a board 86
of county commissioners may adopt a resolution authorizing the 87
acceptance of payments by financial transaction devices for 88
county expenses. The resolution shall include the following: 89
(1) A specification of those county officials who, and of 90
the county offices under those county officials that, are 91
authorized to accept payments by financial transaction devices; 92
(2) A list of county expenses that may be paid for through 93
the use of a financial transaction device; 94
(3) Specific identification of financial transaction 95
devices that the board authorizes as acceptable means of payment 96
for county expenses. Uniform acceptance of financial transaction 97
devices among different types of county expenses is not 98
required. 99
(4) The amount, if any, authorized as a surcharge or 100
convenience fee under division (E) of this section for persons 101
using a financial transaction device. Uniform application of 102
surcharges or convenience fees among different types of county 103
expenses is not required. 104
(5) A specific provision as provided in division (G) of 105
this section requiring the payment of a penalty if a payment 106
made by means of a financial transaction device is returned or 107
dishonored for any reason. 108
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As Introduced
The board's resolution shall also designate the county 109
treasurer as an administrative agent to solicit proposals, 110
within guidelines established by the board in the resolution and 111
in compliance with the procedures provided in division (C) of 112
this section, from financial institutions, issuers of financial 113
transaction devices, and processors of financial transaction 114
devices, to make recommendations about those proposals to the 115
board, and to assist county offices in implementing the county's 116
financial transaction devices program. The county treasurer may 117
decline this responsibility within thirty days after receiving a 118
copy of the board's resolution by notifying the board in writing 119
within that period. If the treasurer so notifies the board, the 120
board shall perform the duties of the administrative agent. 121
If the county treasurer is the administrative agent and 122
fails to administer the county financial transaction devices 123
program in accordance with the guidelines in the board's 124
resolution, the board shall notify the treasurer in writing of 125
the board's findings, explain the failures, and give the 126
treasurer six months to correct the failures. If the treasurer 127
fails to make the appropriate corrections within that six-month 128
period, the board may pass a resolution declaring the board to 129
be the administrative agent. The board may later rescind that 130
resolution at its discretion. 131
(C) The county shall follow the procedures provided in 132
this division whenever it plans to contract with financial 133
institutions, issuers of financial transaction devices, or 134
processors of financial transaction devices for the purposes of 135
this section. The administrative agent shall request proposals 136
from at least three financial institutions, issuers of financial 137
transaction devices, or processors of financial transaction 138
devices, as appropriate in accordance with the resolution 139
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As Introduced
adopted under division (B) of this section. Prior to sending any 140
financial institution, issuer, or processor a copy of any such 141
request, the county shall advertise its intent to request 142
proposals in a newspaper of general circulation in the county 143
once a week for two consecutive weeks or as provided in section 144
7.16 of the Revised Code. The notice shall state that the county 145
intends to request proposals; specify the purpose of the 146
request; indicate the date, which shall be at least ten days 147
after the second publication, on which the request for proposals 148
will be mailed to financial institutions, issuers, or 149
processors; and require that any financial institution, issuer, 150
or processor, whichever is appropriate, interested in receiving 151
the request for proposals submit written notice of this interest 152
to the county not later than noon of the day on which the 153
request for proposals will be mailed. 154
Upon receiving the proposals, the administrative agent 155
shall review them and make a recommendation to the board of 156
county commissioners on which proposals to accept. The board of 157
county commissioners shall consider the agent's recommendation 158
and review all proposals submitted, and then may choose to 159
contract with any or all of the entities submitting proposals, 160
as appropriate. The board shall provide any financial 161
institution, issuer, or processor that submitted a proposal, but 162
with which the board does not enter into a contract, notice that 163
its proposal is rejected. The notice shall state the reasons for 164
the rejection, indicate whose proposals were accepted, and 165
provide a copy of the terms and conditions of the successful 166
bids. 167
(D) A board of county commissioners adopting a resolution 168
under this section shall send a copy of the resolution to each 169
county official in the county who is authorized by the 170
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resolution to accept payments by financial transaction devices. 171
After receiving the resolution and before accepting payments by 172
financial transaction devices, a county official shall provide 173
written notification to the board of county commissioners of the 174
official's intent to implement the resolution within the 175
official's office. Each county office subject to the board's 176
resolution adopted under division (B) of this section may use 177
only the financial institutions, issuers of financial 178
transaction devices, and processors of financial transaction 179
devices with which the board of county commissioners contracts, 180
and each such office is subject to the terms of those contracts. 181
If a county office under the authority of a county 182
official is directly responsible for collecting one or more 183
county expenses and the county official determines not to accept 184
payments by financial transaction devices for one or more of 185
those expenses, the office shall not be required to accept 186
payments by financial transaction devices, notwithstanding the 187
adoption of a resolution by the board of county commissioners 188
under this section. 189
Any office of a clerk of the court of common pleas that 190
accepts financial transaction devices on or before July 1, 1999, 191
and any other county office that accepted such devices before 192
January 1, 1998, may continue to accept such devices without 193
being subject to any resolution passed by the board of county 194
commissioners under division (B) of this section, or any other 195
oversight by the board of the office's financial transaction 196
devices program. Any such office may use surcharges or 197
convenience fees in any manner the county official in charge of 198
the office determines to be appropriate, and, if the county 199
treasurer consents, may appoint the county treasurer to be the 200
office's administrative agent for purposes of accepting 201
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As Introduced
financial transaction devices. In order not to be subject to the 202
resolution of the board of county commissioners adopted under 203
division (B) of this section, a county office shall notify the 204
board in writing within thirty days after March 30, 1999, that 205
it accepted financial transaction devices prior to January 1, 206
1998, or, in the case of the office of a clerk of the court of 207
common pleas, the clerk has accepted or will accept such devices 208
on or before July 1, 1999. Each such notification shall explain 209
how processing costs associated with financial transaction 210
devices are being paid and shall indicate whether surcharge or 211
convenience fees are being passed on to consumers. 212
(E) A board of county commissioners may establish a 213
surcharge or convenience fee that may be imposed upon a person 214
making payment by a financial transaction device. The surcharge 215
or convenience fee shall not be imposed unless authorized or 216
otherwise permitted by the rules prescribed by an agreement 217
governing the use and acceptance of the financial transaction 218
device. 219
If a surcharge or convenience fee is imposed, every county 220