Ohio § 301.29
Full text of Ohio Ohio Revised Code § 301.29, with citation guidance and answers to common questions.
§ 301.29.
(A) As used in this section: (1) “ Officer ” includes an individual who also is an appointing authority. (2) “ Procurement card ” means a financial transaction device as defined in section 301.28 of the Revised Code and as authorized under this section, but excludes any credit card authorized under section 301.27 of the Revised Code . (B) A procurement card held by a board of county commissioners or the office of any other
county appointing authority shall be used only to pay work-related expenses. No late charges or finance charges shall be allowed as an allowable expense unless
authorized by the board of county commissioners. (C)(1) In any county that chooses to use procurement cards, the board of county commissioners
shall, by resolution, adopt a policy with the advice of the county auditor, for the
county's use of those cards. The resolution shall include provisions that limit the use of a procurement card
to payment for one or more specific work-related or specific classes of work-related
expenses, and limit procurement card transactions to a specific number of transactions
per day, month, quarter, or other specified period as authorized in division (F)(2)
of this section, by supplier or work-related expense. In addition, the resolution shall limit a procurement card to daily and monthly
spending limits. The resolution also shall contain a list of administrative controls that the board
determines, after consulting with the county auditor, will be sufficient for use of
a procurement card. Those administrative controls shall include at a minimum the following: (a) An aggregate amount that may be incurred through use of each card within a day, week,
or month; (b) Classes of permissible goods and services that may be purchased with a procurement
card; (c) In case a procurement card is misused, a procedure for revocation of the card. (2) The county auditor shall develop internal accounting controls in consultation with
the auditor of state for the implementation of this section. (3) If a board of county commissioners adopts a policy under division (C)(1) of this
section, it shall advertise a request for proposals from issuers of procurement cards
at least once a week for two consecutive weeks using at least one of the following
methods: (a) In the print or digital edition of a newspaper of general circulation within the
county; (b) On the official public notice web site established under section 125.182 of the Revised Code ; (c) Or on the web site and social media account of the county. The advertisement shall specify the purpose of the request, the type of procurement
card or cards sought, and the date by which proposals must be received. That date shall not be less than ten days after the last day of the second week
in which the request is advertised. The board shall determine upon the advice of the county auditor and county treasurer
whether to contract with any one or more issuers that submit a timely proposal. Before entering into a contract, the board shall adopt a resolution stating the
contract's intent and guidelines consistent with divisions (C)(1) and (2) of this
section for the use of each procurement card. (D) A county appointing authority may apply to the board of county commissioners for
authorization to have an officer or employee of the appointing authority use a procurement
card held by that appointing authority. The authorization request shall state whether the card is to be issued only in the
name of the office of the appointing authority or whether the issued card also shall
include the name of a specified officer or employee. (E) The debt incurred as a result of the use of a procurement card under this section
shall be paid from moneys appropriated to specific appropriation line items of the
appointing authority. (F)(1) Except as otherwise provided in division (F)(2) of this section, every officer or
employee authorized to use a procurement card held by the board or appointing authority
shall submit to the board by the first day of each month an estimate of the officer's
or employee's work-related expenses for that month, unless the board authorizes, by
resolution, the officer or employee to submit to the board such an estimate for a
period longer than one month. The board may revise the estimate and determine the amount it approves, if any,
not to exceed the estimated amount. The board shall certify the amount of its determination to the county auditor along
with the specific appropriation line items from which the expenditures are to be made. After receiving certification pursuant to division (D) of section 5705.41 of the Revised Code that the specific appropriation line item for which the procurement card is approved
for use is free from previous and then-outstanding obligations or certifications,
the board shall authorize the officer or employee to incur debt for the expenses against
the county's credit up to the authorized amount. (2) In lieu of following the procedure set forth in division (F)(1) of this section,
a board of county commissioners may adopt a resolution authorizing an officer or employee
of an appointing authority to use a county procurement card to pay for specific classes
of work-related expenses, or to use a specific procurement card for any work-related
expenses, without submitting an estimate of those expenses to the board as required
by division (F)(1) of this section. Prior to adopting the resolution, the board shall notify the county auditor. The resolution shall specify whether the officer's or employee's exemption extends
to the use of a specific procurement card, which card shall be identified by its number,
or to one or more specific work-related uses. Before any procurement card issued for specific uses may be used to make purchases
for uses other than those specific uses listed in the resolution, the procedures outlined
in division (F)(1) of this section must be followed or the use shall be considered
an unauthorized use. Use of any procurement card under division (F)(2) of this section shall be limited
to the amount appropriated and encumbered in a specific appropriation line item for
the permitted use or uses designated in the authorizing resolution, or, in the case
of a resolution that authorizes use of a specific procurement card, for any work-related
expense, but only to the extent the moneys in those specific appropriation line items
are not otherwise encumbered. (3) A procurement card shall not be used in any manner that circumvents the competitive
bidding requirements of section 307.86 of the Revised Code . (G)(1) Any time a county procurement card approved for use for an authorized amount under
division (F)(1) of this section is used for more than that authorized amount, the
appointing authority may request the board of county commissioners to authorize after
the fact the expenditure of any amount charged beyond the originally authorized amount
if, upon the board's request, the county auditor certifies that sum of money is in
the treasury or in the process of collection to the credit of the appropriate appropriation
line item for which the procurement card was used, and is free from previous and then-outstanding
obligations or certifications. If the card is used for more than the amount originally authorized and if for any
reason that amount is not authorized after the fact, the county treasury shall be
reimbursed for any amount spent beyond the originally authorized amount in the following
manner: (a) If the card is issued in the name of a specific officer or employee, the officer
or employee is liable in person and upon any official bond the officer or employee
has given to the county to reimburse the county treasury for the amount charged to
the county beyond the originally authorized amount. (b) If the card is issued to the office of the appointing authority, the appointing authority
is liable in person and upon any official bond the appointing authority has given
to the county for the amount charged to the county beyond the originally authorized
amount. (2) No user of a county procurement card authorized for use under division (F)(2) of
this section shall use the card for any expenditure that is more than the amount appropriated
under that division. If at any time a county procurement card authorized for use under division (F)(2)
of this section is used for more than the amount appropriated under that division,
the appointing authority may request the board of county commissioners to issue a
supplemental appropriation or make a transfer to the specific appropriation line items
as permitted in section 5705.40 of the Revised Code , to cover the amount charged beyond the originally appropriated amount. If the card is used for more than the amount originally appropriated and if for
any reason that amount is not appropriated or transferred as permitted by this division,
the county treasury shall be reimbursed for any amount spent beyond the originally
appropriated amount in the following manner: (a) If the card is issued in the name of a specific officer or employee, the officer
or employee is liable in person and upon any official bond the officer or employee
has given to the county for reimbursing the county treasury for any amount charged
on the card beyond the originally appropriated amount. (b) If the card is issued in the name of the office of the appointing authority, the
appointing authority is liable in person and upon any official bond the appointing
authority has given to the county for reimbursement for any amount charged on the
card beyond the originally appropriated amount. (3) Whenever any officer or employee who is authorized to use a procurement card held
by the board or the office of any other county appointing authority suspects the loss,
theft, or possibility of unauthorized or unlawful use of the card, the officer or
employee shall notify the county auditor and the officer's or employee's appointing
authority or the board immediately and in writing. (4) If the county auditor determines there has been a procurement card expenditure beyond
the appropriated or authorized amount as provided in division (F) of this section,
or for an unlawful purpose, the auditor immediately shall notify the board of county
commissioners. When the board determines, on its own or after notification from the county auditor,
that the county treasury should be reimbursed for procurement card expenditures beyond
the appropriated or authorized amount as provided in divisions (G)(1) and (2) of this
section, it shall give written notice to the county auditor and to the officer or
employee or appointing authority liable to the treasury as provided in those divisions. If, within thirty days after issuance of this written notice, the county treasury
is not reimbursed for the amount shown on the written notice, the prosecuting attorney
of the county shall recover that amount from the officer or employee or appointing
authority who is liable under this section by civil action in any court of appropriate
jurisdiction. (H) Use of a county procurement card for any use other than those permitted under division
(B) of this section is a violation of law for the purposes of section 2913.21 of the Revised Code .
Frequently Asked Questions About Ohio § 301.29
What does Ohio Revised Code § 301.29 cover?
Section 301.29 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 301.29?
A common citation format is "Ohio Revised Code § 301.29" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 301.29 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
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