As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 117   5            

      1997-1998                                                    6            


          REPRESENTATIVES TERWILLEGER-BRADING-FOX-OPFER            8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 1711.081, 1711.15, and 1711.16 of   12           

                the Revised Code to authorize the board of county  13           

                commissioners of a county in which there exists a  14           

                county agricultural society to appropriate any     15           

                amount the board considers necessary  for the      16           

                purchase of a site for holding fairs, the          17           

                erection of buildings or other improvements on     18           

                such a site, or payments of rent or other forms    19           

                of indebtedness of the agricultural  society, and  20           

                to remove the requirement that the question of a   21           

                tax levy be submitted to the qualified electors    22           

                of a county in which the board appropriates more   23           

                than fifty thousand dollars in one year for those  24           

                purposes.                                          25           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        27           

      Section 1.  That sections 1711.081, 1711.15, and 1711.16 of  29           

the Revised Code be amended to read as follows:                    30           

      Sec. 1711.081.  The positions of members of the board of     39           

directors, officers, and employees of a county or independent      40           

agricultural society are not public offices, and persons holding   41           

such THOSE positions are eligible to hold any public office        43           

except for the office of county commissioner.  A member of the                  

county budget commission is eligible to be a member of the board   44           

of directors of a county or AN independent agricultural society    45           

unless a tax is levied in the county pursuant to section 1711.15   46           

or 1711.17 of the Revised Code.                                    47           

                                                          2      

                                                                 
      Sec. 1711.15.  In any county in which there is a duly        56           

organized county agricultural society, the board of county         57           

commissioners may purchase or lease, for a term of not less than   58           

twenty years, real estate on which to hold fairs under the         59           

management and control of the county agricultural society, and     60           

may erect thereon suitable buildings and otherwise improve it.     61           

      In counties in which there is a county agricultural society  63           

which THAT has purchased, or leased, for a term of not less than   64           

twenty years, real estate as a site on which to hold fairs or in   65           

which the title to such THE site is vested in fee in the county,   66           

the board may erect or repair buildings or otherwise improve such  67           

THE site and pay the rental thereof, or contribute to or pay any   68           

other form of indebtedness of the society, if the director of      69           

agriculture has certified to the board that the county             70           

agricultural society is complying with all laws and rules          71           

governing the operation of county agricultural societies.  The     72           

board may appropriate from the general fund such an ANY amount as  74           

THAT it deems CONSIDERS necessary for any of those purposes.  If   75           

the amount appropriated to be expended in the purchase of such     76           

real estate or in the erection of buildings or other improvements  77           

or payments of rent or other forms of indebtedness of the society  78           

exceeds fifty thousand dollars in any one year, such expenditure   79           

shall not be made unless the question of a levy of the tax         80           

therefor is submitted to the qualified electors of the county at   81           

a general election, a notice of which, specifying the amount to    82           

be levied, has been given at least thirty days previous to such    83           

election. This notice shall be given either by publishing it in    84           

one or more newspapers published and of general circulation in     85           

the county, or by mailing or otherwise distributing it to each     86           

elector in the county as far as is reasonably possible.  The       87           

board shall pass a resolution authorizing the submission of the    88           

question to the electors and certify their action to the board of  89           

elections of the county which shall prepare and furnish the        90           

necessary ballots and other supplies.  Such certification shall    91           

                                                          3      

                                                                 
be made to the board of elections not later than four p.m. of the  92           

seventy-fifth day before the day of election.  The form of the     93           

ballots cast at such election shall be:                            94           

      "Agricultural tax--Yes."                                     96           

      "Agricultural tax--No."                                      98           

      If the majority of the vote cast is in favor of such tax,    100          

it may be levied and collected as other taxes.                     101          

      The requirement that the question of a tax levy be           103          

submitted to the electors shall not apply where the funds to be    104          

expended have been received as reparation for damage to the        105          

fairground caused by use thereof for military purposes, or as      106          

insurance proceeds received in payment for property damaged or     107          

destroyed by fire or any other cause.                              108          

      Sec. 1711.16.  When the control and management of a          117          

fairground is in a county agricultural society, and the board of   118          

county commissioners has appropriated an amount or levied a tax    119          

for the aid of such THE society as provided in section 1711.15 of  121          

the Revised Code, the society, with the consent of the board, may               

contract for the erection or repair of buildings or otherwise      122          

improve said site THE FAIRGROUND, to the extent that the payment   123          

for said THE improvement is provided by said THE board.            124          

      When such THE appropriation is made by the board or when     126          

such tax is collected by the county treasurer, the county auditor  127          

shall place the proceeds in a special fund, designated the         129          

"county agricultural society fund," indicating the purpose for     130          

which it is available, and on.  ON application of the treasurer    131          

of the society, said THE auditor shall issue his AN order for the  132          

amount of such THE appropriation or tax to said THE treasurer of   133          

the society, if the society has secured the certificate required   135          

under section 1711.05 of the Revised Code, on said THE             136          

treasurer's filing with said THE auditor a bond in double the      137          

amount collected, with good and sufficient sureties approved by    138          

said THE auditor, conditioned for the satisfactory paying over     140          

and accounting of such THE funds for the purposes for which they   142          

                                                          4      

                                                                 
were provided.  Said THE funds shall remain in the special fund    144          

in which they are placed by said THE auditor until they are        145          

applied or by the treasurer of the society and such THE bond is    146          

given, or until they are expended by the board for the purposes    148          

for which said THE fund was created.  If such THE society ceases   149          

to exist or releases said THE fund as not required for the         150          

purposes for which the fund was created, the board may by          151          

resolution transfer said THE fund to the general fund of the       152          

county.                                                                         

      Section 2.  That existing sections 1711.081, 1711.15, and    154          

1711.16 of the Revised Code are hereby repealed.                   155