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2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1709 | Uniform Transfer-on-Death Security Registration Act › Section 1709.01 | Uniform Transfer-on-Death Security Registration Act Definitions.

Effective:
June 23, 1994
Latest Legislation:
House Bill 208 - 120th General Assembly
As used in sections 1709.01 to 1709.11 of the Revised Code, unless the context otherwise requires:
(A) "Beneficiary form" means a registration of a security that indicates the present owner of the security and the intention of the present owner regarding the person who will become the owner of the security upon the death of the present owner.
(B) "Devisee" means any person designated in a will to receive a disposition of real or personal property.
(C) "Heirs" means those persons, including the surviving spouse of a decedent, who are entitled under the statutes of intestate succession to the property of an intestate decedent, including, when applicable, section 2105.06 of the Revised Code.
(D) "Person" means an individual, a corporation, an organization, or other legal entity.
(E) "Personal representative" includes an executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.
(F) "Property" means anything that may be the subject of ownership, including, but not limited to, real and personal property and any interest in real or personal property.
(G) "Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of that security.
(H) "Registering entity" means a person who originates or transfers a security title by registration and includes, but is not limited to, a financial institution maintaining security accounts for customers, a securities dealer or broker maintaining security accounts for customers, and a transfer agent or other person acting for or as an issuer of securities.
(I) "Security" has the same meaning as in division (B) of section 1707.01 of the Revised Code and includes, but is not limited to, a certificated security, an uncertificated security, and a security account.
(J) "Security account" means either of the following:
(1) A reinvestment account associated with a security; a securities account with a financial institution or a securities dealer or broker and any cash balance in a brokerage account with a financial institution or a securities dealer or broker; or cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death;
(2) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1709 | Uniform Transfer-on-Death Security Registration Act › Section 1709.02 | Obtaining Registration in Beneficiary Form.

Effective:
October 1, 1993
Latest Legislation:
House Bill 62 - 120th General Assembly
Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more individuals with a right of survivorship, rather than ownership as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with a right of survivorship and not as tenants in common.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1709 | Uniform Transfer-on-Death Security Registration Act › Section 1709.03 | Reciprocity.

Effective:
October 1, 1993
Latest Legislation:
House Bill 62 - 120th General Assembly
A security may be registered in beneficiary form if the form is authorized by sections 1709.01 to 1709.11 of the Revised Code or similar laws of the state of organization of its issuer or registering entity, the state in which the principal office of the registering entity is located, the state in which the office of the transfer agent or the office making the registration is located, or the state listed as the address of the owner at the time of registration. A registration governed by the laws of a jurisdiction in which a law similar to sections 1709.01 to 1709.11 of the Revised Code is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1709 | Uniform Transfer-on-Death Security Registration Act › Section 1709.04 | When Security Is Registered in Beneficiary Form.

Effective:
October 1, 1993
Latest Legislation:
House Bill 62 - 120th General Assembly
A security, whether evidenced by a certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership of the security at the time of the death of the owner or the deaths of all multiple owners.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1709 | Uniform Transfer-on-Death Security Registration Act › Section 1709.05 | Using Transfer-on-Death or Tod.

Effective:
October 1, 1993
Latest Legislation:
House Bill 62 - 120th General Assembly
Registration in beneficiary form may be shown by the words "transfer-on-death" or the abbreviation "TOD," after the name of the registered owner and before the name of a beneficiary.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1709 | Uniform Transfer-on-Death Security Registration Act › Section 1709.06 | Effect of Designation of Transfer-on-Death.

Effective:
October 1, 1993
Latest Legislation:
House Bill 62 - 120th General Assembly
The designation of a transfer-on-death beneficiary on a registration in beneficiary form has no effect on ownership until the death of the owner of a security. A registration in beneficiary form of a security may be canceled or changed at any time by the sole owner or all of the then surviving owners of the security, without the consent of the beneficiary.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1709 | Uniform Transfer-on-Death Security Registration Act › Section 1709.07 | Death of Sole Owner or Last to Die of All Multiple Owners.

Effective:
October 1, 1993
Latest Legislation:
House Bill 62 - 120th General Assembly
Subject to the limitations of section 5731.39 of the Revised Code, on the death of a sole owner or the last to die of all multiple owners, ownership of a security registered in beneficiary form shall pass to the beneficiary or beneficiaries who survived all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, but subject to the limitations of section 5731.39 of the Revised Code, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security shall be included in the estate of the deceased sole owner of it or the estate of the last to die of all multiple owners of it.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1709 | Uniform Transfer-on-Death Security Registration Act › Section 1709.08 | Registering Entity.

Effective:
October 1, 1993
Latest Legislation:
House Bill 62 - 120th General Assembly
(A) A registering entity is not required to offer or to accept requests for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by sections 1709.01 to 1709.11 of the Revised Code.
(B) By accepting a request for registration in beneficiary form of a security, a registering entity agrees that the registration will be implemented as provided in sections 1709.01 to 1709.11 of the Revised Code.
(C) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of a security in accordance with section 1709.07 of the Revised Code and does so in a good faith reliance on the registration, on sections 1709.01 to 1709.11 of the Revised Code, and on information provided to it by an affidavit of the personal representative of the deceased owner or by the surviving beneficiary or the representatives of the surviving beneficiary or on other information available to the registering entity. The protections of sections 1709.01 to 1709.11 of the Revised Code do not extend to a reregistration or payment made after a registering entity has received a written notice from any claimant to any interest in the security that objects to the implementation of a registration in beneficiary form. No other notice or other information available to the registering entity shall affect its right to protection under sections 1709.01 to 1709.11 of the Revised Code.
(D) The protection provided by sections 1709.01 to 1709.11 of the Revised Code to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1709 | Uniform Transfer-on-Death Security Registration Act › Section 1709.09 | Transfer-on-Death Is Not Testamentary.

Effective:
October 1, 1993
Latest Legislation:
House Bill 62 - 120th General Assembly
(A) Any transfer-on-death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner of the security and the registering entity and by reason of sections 1709.01 to 1709.11 of the Revised Code and is not testamentary.
(B) Sections 1709.01 to 1709.11 of the Revised Code do not limit the rights of creditors of the owners of securities against beneficiaries and other transferees under other laws of this state.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1709 | Uniform Transfer-on-Death Security Registration Act › Section 1709.10 | Establish Terms and Conditions.

Effective:
October 1, 1963
Latest Legislation:
House Bill 62 - 120th General Assembly
(A) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive and implement requests for registration in that form, including requests for cancellation of previously registered transfer-on-death beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting descendants of a named beneficiary to take in place of the named beneficiary when he dies.
(B) Substitution may be indicated by appending to the name of the primary beneficiary the letters "LDPS," standing for lineal descendants per stirpes. This designation substitutes the descendants of a deceased beneficiary who survive the owner of a security for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the domicile of the beneficiary, at the time of the death of the owner, governing inheritance by descendants of an intestate.
(C) Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in the terms and conditions of a registering entity.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1709 | Uniform Transfer-on-Death Security Registration Act › Section 1709.11 | Uniform Transfer-on-Death Security Registration Act.

Effective:
October 1, 1993
Latest Legislation:
House Bill 62 - 120th General Assembly
(A) Sections 1709.01 to 1709.11 of the Revised Code shall be known as and may be cited as the "uniform transfer-on-death security registration act."
(B) Sections 1709.01 to 1709.11 of the Revised Code shall be liberally construed and applied to promote their underlying purposes and policy and to make uniform the laws with respect to the subject of those sections among states enacting similar laws.
(C) Unless displaced by particular provisions of sections 1709.01 to 1709.11 of the Revised Code, the principles of law and equity supplement their provisions.
(D) Sections 1709.01 to 1709.11 of the Revised Code apply to registrations of securities in beneficiary form made prior to, on, or after the effective date of this section, by decedents dying prior to, on, or after that date.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1710 | Special Improvement Districts › Section 1710.021 | Time Period for Transfer of Property.

Effective:
June 27, 2000
Latest Legislation:
House Bill 368 - 123rd General Assembly
Any owner of an interest in real property that is located within a proposed or existing special improvement district who enters into a contract to transfer the interest shall give to the transferee of the interest within the specified period of time both of the following:
(A) Within five days after entering into the contract, each notice that the owner received under this chapter within ninety days prior to entering into the contract;
(B) Within five days after its receipt, each notice that the owner receives under this chapter after entering into the contract until the contract is completely performed or terminated.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1710 | Special Improvement Districts › Section 1710.03 | Members of District.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Except as otherwise provided in this division, each owner of real property within a special improvement district other than the state or federal government is a member of the district, and the real property of each member of the district is subject to special assessment under division (C) of section 1710.06 of the Revised Code. A church is not a member of the district unless the church specifically requested in writing that its property be included in the district or unless, in the case of a district created by an existing qualified nonprofit corporation, the church is a member of the corporation at the time the district is created. A county, township, municipal corporation, or park district owning real property in the district is not a member of the district unless such entity specifically requested in writing that its property be included in the district.
The identity and address of the owners shall be determined for any particular action of the nonprofit corporation that governs the district, including notice of meetings of the district, no more than sixty days prior to the date of the action, from the most current records available at the county auditor's office. For purposes of this chapter, the persons shown on such records as having common or joint ownership interests in a parcel of real property collectively shall constitute the owner of the real property.
(B) A member may file a written statement with the district's secretary at least three days prior to any meeting of the entire membership of the district to appoint a proxy to carry out the member's rights and responsibilities under this chapter at that meeting.
(C) A member also may appoint a designee to carry out the member's rights and responsibilities under this chapter by filing a written designation form with the district's secretary. This form shall include the name and address of the member, the name and address of the designee, and the expiration date, if any, of the designation and may authorize the designee to vote at any meeting of the district.
(D) A proxy or designee need not be an elector or resident of any participating political subdivision of the district or a member of the district. The appointment of a proxy or a designee may be changed by filing a new form with the district's secretary. The most current form filed with the secretary is the valid appointment. Service of any notice upon a proxy or designee at the proxy's or designee's address as shown on that form satisfies any requirements for notification of the member.
Last updated October 3, 2023 at 9:16 AM
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1710 | Special Improvement Districts › Section 1710.05 | Notice for Meetings -Method for Voting.

Effective:
September 29, 1994
Latest Legislation:
Senate Bill 264 - 120th General Assembly
Except as otherwise provided in this chapter, the articles of incorporation or the code of regulations governing the nonprofit corporation shall provide for the method by which notice for meetings of the membership of the special improvement district is to be given and the method for voting by the membership of the district.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1710 | Special Improvement Districts › Section 1710.061 | Application of Savings or Reductions in Demand by a Special Energy Improvement Project.

Effective:
June 17, 2010
Latest Legislation:
Senate Bill 232 - 128th General Assembly
(A) Except as provided in division (B) of this section, an electric distribution utility may count toward its compliance with the energy efficiency and peak demand reduction requirements of section 4928.66 of the Revised Code any efficiency savings or reduction in demand produced by a special energy improvement project located in its certified territory.
(B) A mercantile customer that realizes energy efficiency savings or reduction in demand produced by a special energy improvement project that it owns may elect to commit the savings or reduction to the electric distribution utility in exchange for an exemption from an energy efficiency cost recovery mechanism permitted under section 4928.66 of the Revised Code, approved by the public utilities commission.
(C) The board of directors of a special improvement district shall submit a quarterly report to the electric distribution utility that includes, but is not limited to, both of the following:
(1) The total number and a description of each new and ongoing special energy improvement project located within the special improvement district that produces energy efficiency savings or reduction in demand;
(2) Any additional information that the electric distribution utility needs in order to obtain credit under section 4928.66 of the Revised Code for energy efficiency savings or reduction in demand from such projects.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1710 | Special Improvement Districts › Section 1710.07 | Permitted Costs of Plan.

Effective:
June 17, 2010
Latest Legislation:
Senate Bill 232 - 128th General Assembly
The cost of any public improvements or public services plan of a special improvement district may include, but is not limited to, the following:
(A) The cost of creating and operating the district under this chapter, including creating and operating a nonprofit organization organized under this chapter, hiring employees and professional services, contracting for insurance, and purchasing or leasing office space or office equipment;
(B) The cost of planning, designing, and implementing the public improvements or public services plan, including payment of architectural, engineering, legal, appraisal, insurance, consulting, energy auditing, and planning fees and expenses, and, for public services, the management, protection, and maintenance costs of public or private facilities;
(C) Any court costs incurred by the district in implementing the public improvements or public services plan;
(D) Any damages resulting from implementing the public improvements or public services plan;
(E) The costs of issuing, paying interest on, and redeeming notes and bonds issued for funding the public improvements or public services plan; and
(F) The costs associated with the sale, lease, lease with an option to purchase, conveyance of other interests in, or other contracts for the acquisition, construction, maintenance, repair, furnishing, equipping, operation, or improvement of any special energy improvement project by the district, between a participating political subdivision and the special improvement district, or between the special improvement district and any owner of real property in the special improvement district on which a special energy improvement project has been acquired, installed, equipped, or improved.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1710 | Special Improvement Districts › Section 1710.08 | Improvements or Services in Addition to Subdivision Improvements or Services.

Effective:
October 26, 1995
Latest Legislation:
Senate Bill 96 - 121st General Assembly
Any public improvements or public services provided to a special improvement district through a public improvements or public services plan shall be in addition to, and not in lieu of, any public improvements or public services provided by any participating political subdivision. A participating political subdivision may not substitute or rely in any manner upon the public improvements or public services provided to a special improvements district under a public improvements or public services plan to reduce or not increase any public improvement or public service provided or to be provided by the participating political subdivision to the area specified in any such plan.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1710 | Special Improvement Districts › Section 1710.09 | Contracts to Develop, Manage, or Implement Part or All of Any Plan.

Effective:
October 26, 1995
Latest Legislation:
Senate Bill 96 - 121st General Assembly
Except as otherwise provided in section 1710.10 of the Revised Code, a special improvement district may contract with any person, community improvement corporation, political subdivision as defined in division (F) of section 2744.01, or state agency as defined in section 1.60 of the Revised Code to develop, manage, or implement part or all of any plan adopted under section 1710.06 or division (F) of section 1710.02 of the Revised Code. Before contracting to implement the plan, the district shall permit any member of the district whose property may be assessed for the costs of any improvements or services under the plan to provide for that portion of the improvement or service that is on that member's property at a cost to the district no greater than what the district determines to be the lowest cost allocable to the improvement or service to be performed on that property. However, the board of directors may reject a member's proposed provision of the improvement or service if it would increase the plan's total cost to the district. Members that choose to provide for that portion of the improvement or service that is performed on their property under this division are subject to the same minimum performance specifications required by the district for the rest of the improvement or service, and their property remains subject to the assessment for the plan.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1710 | Special Improvement Districts › Section 1710.10 | Participating Political Subdivision Contracts to Provide Improvements or Services.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) When a participating political subdivision contracts to provide improvements or services to a special improvement district, the participating political subdivision shall charge only its additional cost of providing the improvement or service, without any allocation of overhead costs, fixed costs, or assignment of costs at rates higher than those at which the participating political subdivision assigns costs for similar improvements or services for political subdivision purposes.
(B) Except in the case of a district created by an existing qualified nonprofit corporation, any law enforcement or fire protection service to be provided under a district's public service plan shall be provided only by contract with a participating political subdivision of the district. In the case of a district created by an existing qualified nonprofit corporation, the corporation may provide law enforcement service as provided under section 1702.80 of the Revised Code.
The district shall reimburse the participating political subdivision for any additional cost incurred in providing that law enforcement or fire protection service. This additional cost shall not include any overhead, fixed costs, or assignment of costs at rates higher than those at which the political subdivision assigns costs for these services for political subdivision purposes.
(C) Any liability for providing fire or police services under this section by a participating political subdivision shall remain with the participating political subdivision and shall not be assumed by the district.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1710 | Special Improvement Districts › Section 1710.11 | Adopting Written Rules Prescribing Competitive Bidding Procedures for Contracts.

Effective:
October 26, 1995
Latest Legislation:
Senate Bill 96 - 121st General Assembly
The board of directors of a special improvement district shall adopt written rules prescribing competitive bidding procedures for contracts awarded under this chapter. The procedures may differ from competitive bidding procedures applicable to the participating political subdivisions of the district or those provided in Chapter 735. of the Revised Code. The rules shall provide for advertising for bids and specify the bidding procedures to be followed, and may specify conditions under which competitive bidding is not required and other conditions such as establishing a dollar limit per contract or specifying particular parties to a contract.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1710 | Special Improvement Districts › Section 1710.12 | Issuing Bonds and Notes in Anticipation of Collection of Any Special Assessments.

Effective:
October 26, 1995
Latest Legislation:
Senate Bill 96 - 121st General Assembly
Any participating political subdivision of a special improvement district may issue bonds and notes in anticipation of collection of any special assessments authorized by this chapter. All proceeds of any assessments, bonds, or notes issued to fund any public improvements or public services plan under this chapter shall first be applied by the political subdivision to payment of those bonds or notes and any interest on them, as required by section 133.17 of the Revised Code. Any remaining proceeds shall be turned over to the treasurer of the district and deposited in a district account to be used for the purposes for which the assessment was made or for which the bonds or notes were issued.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1710 | Special Improvement Districts › Section 1710.13 | Dissolving a Special Improvement District.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
This section does not apply to a special improvement district created by an existing qualified nonprofit corporation.
The process for dissolving a special improvement district or repealing an improvements or services plan may be initiated by a petition signed by members of the district who own at least twenty per cent of the appraised value of the real property located in the district, excluding church property or real property owned by the federal government, the state, or a county, township, municipal corporation, or park district, unless the church, county, township, municipal corporation, or park district has specifically requested in writing that the property be included in the district, and filed with the municipal executive, if any, and the legislative authorities of all the participating political subdivisions of the district. As used in this section, "appraised value" means the taxable value established by the county auditor for purposes of real estate taxation.
No later than forty-five days after such a petition is filed, the members of the district shall meet to consider it. Notice of the meeting shall be given as provided in section 1710.05 of the Revised Code. Upon the affirmative vote of members who collectively own more than fifty per cent of the appraised value of the real property in the district that may be subject to assessment under division (C) of section 1710.06 of the Revised Code, the district shall be dissolved, or the plan shall be repealed, as applicable.
No rights or obligations of any person under any contract, or in relation to any bonds, notes, or assessments made under this chapter, shall be affected by the dissolution of the district or the repeal of a plan, except with the consent of that person or by order of a court with jurisdiction over the matter. Upon dissolution of a district, any assets or rights of the district, after payment of all bonds, notes, or other obligations of the district, shall be deposited in a special account in the treasury of each participating political subdivision, prorated among all participating political subdivisions to reflect the percentage of the district's territory within that political subdivision, to be used for the benefit of the territory that made up the district.
Once the members have approved the repeal of a plan, all bonds, notes, and other obligations of the district associated with the plan shall be paid. Thereafter, the plan shall be repealed. Upon receipt of proof that all bonds, notes, and other obligations have been paid and that the plan has been repealed, the participating political subdivisions shall terminate any levies imposed to pay for costs of the plan.
Last updated October 3, 2023 at 9:19 AM
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1710 | Special Improvement Districts › Section 1710.14 | Contributions From Municipal Corporation That Created Downtown Redevelopment District.

Effective:
August 5, 2016
Latest Legislation:
House Bill 233 - 131st General Assembly
The board of directors of a special improvement district in which all or part of a downtown redevelopment district is located may accept contributions from the municipal corporation that created the downtown redevelopment district pursuant to division (E)(2) of section 5709.45 of the Revised Code. The board shall use all such contributions to promote the downtown redevelopment district to potential business patrons, to recruit businesses to relocate or expand to the downtown redevelopment district, and to attract and promote events and activities that generate revenue or enhance public welfare within the downtown redevelopment district. The board shall periodically report to the legislative authority of the municipal corporation on the expenditure of the contributions and plans for the utilization of future contributions. If any contributions received by a special improvement district under this section remain after the dissolution or expiration of the downtown redevelopment district, the board shall pay the remaining amount to the contributing municipal corporation, which shall credit the money to its general fund.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1711 | Agricultural Corporations; Amusement Rides › Section 1711.01 | County Agricultural Societies.

Effective:
April 12, 2021
Latest Legislation:
House Bill 665 - 133rd General Assembly
(A) A county agricultural society is created when both of the following occur:
(1) Thirty or more persons who are residents of the same county adopt a constitution and bylaws governing the society.
(2) The residents described in division (A) of this section elect a board of directors in accordance with section 1711.08 of the Revised Code.
(B) A county agricultural society created under this section shall operate in accordance with this chapter and the rules adopted by the director of agriculture.
(C) A county agricultural society shall consist solely of members who are residents of the county in which the society is organized.
(D)(1) A member of a county agricultural society shall pay an annual membership fee in an amount fixed by each society or its board of directors. The member shall pay the fee to the society's secretary or treasurer as the society's bylaws direct.
(2) A county agricultural society shall issue a printed certificate of membership to each member who pays the required fee. The society shall issue the certificates from a book in which duplicate stubs of the certificates are properly filled out. The society shall keep each stub for not less than five years after the date on which the corresponding certificate is issued. The society shall ensure that all certificates are numbered consecutively.
(E) No person shall pay for or secure more than one membership. No person shall secure a membership for any other person.
(F) A society shall keep a list of the members of the society in the office of the society secretary. The society shall make the list available for public inspection upon request.
(G)(1) The county auditor of the county in which a county agricultural society has been created shall request the county treasurer to transfer sixteen hundred dollars to the society each year. The county treasurer shall transfer the money if all of the following have occurred:
(a) The society has held an annual exhibition in accordance with sections 1711.04 and 1711.05 of the Revised Code.
(b) The society has made a report to the director of agriculture in accordance with section 1711.06 of the Revised Code.
(c) The director of agriculture presents a certificate to the county auditor indicating that the society has complied with the applicable laws of this state and the applicable rules adopted by the director.
(2) The county auditor shall not transfer an amount under division (C)(1) of this section that exceeds the amount paid in regular class premiums by the county agricultural society under section 1711.04 of the Revised Code.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1711 | Agricultural Corporations; Amusement Rides › Section 1711.02 | Independent Agricultural Societies.

Effective:
April 12, 2021
Latest Legislation:
House Bill 665 - 133rd General Assembly
(A) An independent agricultural society is created if both of the following occur:
(1) Thirty or more persons of the same county, or of not more than three contiguous counties, adopt a constitution and bylaws governing the society.
(2) The persons described in division (A)(1) of this section elect a board of directors in accordance with section 1711.08 of the Revised Code.
(B) An independent agricultural society created under division (A) of this section shall operate in accordance with this chapter and applicable rules adopted by the director of agriculture.
(C)(1) For purposes of division (C)(2) of this section, "appropriate amount" means the share of the sum of sixteen hundred dollars, calculated in proportion to the populations of the respective counties according to the last federal census before the annual payment is made, but not exceeding the amount paid in regular class premiums. If the independent agricultural society is located in only one county, the appropriate amount is the amount paid in regular class premiums not exceeding sixteen hundred dollars.
(2) The auditor of a county in which an independent agricultural society is located annually shall request the county treasurer to transfer the appropriate amount to the independent agricultural society and the treasurer shall so transfer such money if all of the following have occurred:
(a) The society has held an annual exhibition in accordance with sections 1711.04 and 1711.05 of the Revised Code.
(b) The society has made a report to the director of agriculture in accordance with section 1711.06 of the Revised Code.
(c) The director of agriculture presents a certificate to the county auditor indicating that the society has complied with the laws of this state and the rules adopted by the director.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1711 | Agricultural Corporations; Amusement Rides › Section 1711.03 | Reimbursement to Agricultural Societies for Junior Club Work.

Effective:
April 12, 2021
Latest Legislation:
House Bill 665 - 133rd General Assembly
(A)(1) The board of county commissioners of a county, in which a county or independent agricultural society is located that receives state or county aid, annually shall appropriate an amount determined by the board for the society's junior club. The board shall ensure that the amount appropriated is at least one hundred dollars. The board shall certify the amount appropriated to the county auditor.
(2) The county auditor shall request the county treasurer to pay the certified amount to the appropriate county or independent agricultural society. Upon receipt of the request, the county treasurer shall pay the requested amount to the society.
(B)(1) In any county in which there is no agricultural society that is then receiving state or county aid, the board of county commissioners of the county annually may appropriate to any society, either county or independent, located in an adjoining county, an amount of money for the purpose of encouraging junior club work in the county having no society. The board shall certify the amount appropriated to the county auditor.
(2) The county auditor shall request the county treasurer to pay the certified amount to the appropriate county or independent agricultural society. Upon receipt of the request, the county treasurer shall pay the requested amount to the society.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1711 | Agricultural Corporations; Amusement Rides › Section 1711.04 | Premiums.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every society formed under sections 1711.01 and 1711.02 of the Revised Code shall annually offer and award premiums for the improvement of grains, fruits, vegetables, livestock, articles of domestic industry, public school displays, and such other articles, productions, and improvements as it deems proper, and may perform any acts best calculated to promote the agricultural interests and household manufacturing interests of the counties concerned and of the state. It shall regulate the amount of premiums, and their different grades, so that all may have an opportunity to compete for them.
Persons offering to compete for premiums on improved methods of production of crops or other articles shall, before such a premium is adjudged, deliver to the awarding committee, if required to do so by such committee, a full and correct statement of the process, expense, and value of the method of production, with a view to showing accurately the profits derived or expected to be derived therefrom.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1711 | Agricultural Corporations; Amusement Rides › Section 1711.05 | Annual Financial Report and Report of Proceedings.

Effective:
April 12, 2021
Latest Legislation:
House Bill 665 - 133rd General Assembly
Every county agricultural society annually shall do all of the following:
(A) Make a report of its proceedings during the year;
(B) File a financial report, in accordance with section 117.38 of the Revised Code and forward it to the director of agriculture at or before the annual meeting of the directors of the society with the director of agriculture, as provided for in section 1711.06 of the Revised Code. No payment after such date shall be made from the county treasury to such society unless a certificate from the director is presented to the county auditor showing that the report has been made;
(C) Publish an announcement in either a newspaper of general circulation in the county or on the society's web site for not less than two weeks that contains all of the following:
(1) A statement indicating that the annual financial report has been filed in accordance with division (B) of this section;
(2) A statement indicating that any person who wishes to obtain a copy of the report may contact the treasurer of the society;
(3) The treasurer of the society's contact information that a person may use to obtain a copy of the report.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1711 | Agricultural Corporations; Amusement Rides › Section 1711.06 | Director's Annual Meeting With County Societies.

Effective:
April 12, 2021
Latest Legislation:
House Bill 665 - 133rd General Assembly
(A) Prior to the first day of December of each year, the director of agriculture shall set a date in January of the following year, on which the director shall meet with the presidents or other authorized delegates of agricultural societies which conduct fairs in compliance with this chapter and regulations of the department of agriculture. At such meeting the director shall consult with such presidents and delegates about the wants, prospects, and conditions of agricultural societies throughout the state.
(B) Each society shall prepare and deliver an annual report to the director at or before each meeting required by division (A) of this section.
(C) The director shall do both of the following:
(1) Notify the president and the secretary of each society of the date of the annual meeting at least thirty days prior to the meeting;
(2) Adopt rules in accordance with Chapter 119. of the Revised Code that provide for both of the following:
(a) A uniform method for the election of the directors and officers of all agricultural societies that receive any support out of the state or county treasuries, except the date for holding the election;
(b) Any other rules that the director determines are necessary to carry out this chapter.
(D) Except for section 1711.11 of the Revised Code, references made in this chapter to rules adopted by the director mean rules adopted under division (C) of this section.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1711 | Agricultural Corporations; Amusement Rides › Section 1711.07 | Board of Directors of County or Independent Agricultural Society.

Effective:
April 12, 2021
Latest Legislation:
House Bill 665 - 133rd General Assembly
(A) The board of directors of a county or independent agricultural society shall consist of at least eight members. An employee of the OSU extension shall serve with the board as a nonvoting member. The director of agriculture shall determine the terms of office for members of the board in accordance with rules adopted by the director of agriculture.
(B) The board may fill any vacancy on the board caused by death, resignation, refusal to qualify, removal from county, or other cause until the society's next annual election. At that election, a new director shall be elected for the unexpired term.
(C)(1) There shall be an annual election of directors by ballot at a time and a place fixed by the board. The election shall be held by the fifteenth day of November each year.
(2) The secretary of the society shall give notice of the election, for three weeks prior to the election, by doing one of the following:
(a) Publishing the notice in a newspaper of general circulation in the county or as provided in section 7.16 of the Revised Code;
(b) Mailing the notice to each member of the society;
(c) Publishing the notice on the society's web site.
(D) Only the following persons may vote in an election held in accordance with this section:
(1) Those who hold membership certificates at the close of the annual county fair, or at least fifteen calendar days before the date of election, as may be fixed by the board;
(2) Those who hold membership certificates on the date and hour of the election if the election is held on the fairground during the fair. When the election is to be held during the fair, notice of the election also shall be prominently mentioned in the premium list.
(E) The terms of office of the retiring directors shall expire, and those of the directors-elect shall begin, not later than the thirtieth day of November each year.
(F) The secretary of the society shall send, within ten days after the election, both of the following to the director:
(1) The name and address of each member of its board;
(2) A copy of the document containing the member's signature verifying that the member voted in the election.
(G) A candidate for director shall not count or record votes in any election conducted in accordance with this section.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1711 | Agricultural Corporations; Amusement Rides › Section 1711.071 | Agricultural Society Treasurer's Duties.

Effective:
April 12, 2021
Latest Legislation:
House Bill 665 - 133rd General Assembly
The treasurer of a county or independent agricultural society, or a person under the supervision of the treasurer, shall collect, account for, record, deposit, and disburse all funds of the society.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1711 | Agricultural Corporations; Amusement Rides › Section 1711.08 | Election of Officers.

Effective:
April 12, 2021
Latest Legislation:
House Bill 665 - 133rd General Assembly
(A) The board of directors of a county or independent agricultural society shall annually meet not later than the thirtieth day of November. At such meeting, the board shall elect a president, a vice-president, a treasurer, a secretary, and such other officers as it may deem proper.
(B) The president, the vice-president, and the treasurer shall serve one year, and the secretary not more than three years as the board may determine, and until their successors are elected and qualified. The president and the vice-president shall be directors. The secretary and the treasurer may be directors. Before election of officers the newly elected directors shall qualify by taking oath or affirmation before a competent authority, and in electing officers the board shall conform to the rules adopted by the director of agriculture.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1711 | Agricultural Corporations; Amusement Rides › Section 1711.081 | Eligibility for Public Office.

Effective:
September 3, 1997
Latest Legislation:
House Bill 117 - 122nd General Assembly
The positions of members of the board of directors, officers, and employees of a county or independent agricultural society are not public offices, and persons holding those positions are eligible to hold any public office except for the office of county commissioner.