As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 117 5
1997-1998 6
REPRESENTATIVES TERWILLEGER-BRADING-FOX-OPFER 8
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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
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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
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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
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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