As Reported by the House Agriculture and               1            

                  Natural Resources Committee*                     2            

122nd General Assembly                                             5            

   Regular Session                            Sub. H. B. No. 117   6            

      1997-1998                                                    7            


    REPRESENTATIVES TERWILLEGER-BRADING-FOX-OPFER-OGG-VESPER-      9            

     BUCHY-HARRIS-METZGER-HAINES-HOUSEHOLDER-WESTON-PADGETT        10           


                                                                   12           

                           A   B I L L                                          

             To amend sections 1711.081, 1711.15, 1711.16,         14           

                1711.17, and 5705.19 of the Revised Code to        16           

                remove the requirement that, in certain counties                

                in which there exists a county agricultural        17           

                society or an independent agricultural society     18           

                and in which the board of county commissioners     19           

                appropriates more than fifty thousand dollars to                

                be expended in one year for certain expenses       21           

                related to fairs, the question of a tax levy be    22           

                put on the ballot in the county before the         23           

                expenditure can be made, and to authorize the                   

                board of any county to put on the ballot the       24           

                question of a tax levy for purchasing,                          

                maintaining, or improving real estate on which to  25           

                hold fairs.                                                     




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

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

1711.17, and 5705.19 of the Revised Code be amended to read as     31           

follows:                                                                        

      Sec. 1711.081.  The positions of members of the board of     40           

directors, officers, and employees of a county or independent      41           

agricultural society are not public offices, and persons holding   42           

such THOSE positions are eligible to hold any public office        44           

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

                                                          2      

                                                                 
county budget commission is eligible to be a member of the board   46           

of directors of a county or independent agricultural society       47           

unless a tax is levied in the county pursuant to section 1711.15   48           

or 1711.17 of the Revised Code.                                    49           

      Sec. 1711.15.  In any county in which there is a duly        58           

organized county agricultural society, the board of county         59           

commissioners may purchase or lease, for a term of not less than   60           

twenty years, real estate on which to hold fairs under the         61           

management and control of the county agricultural society, and     62           

may erect thereon suitable buildings and otherwise improve it.     63           

      In counties in which there is a county agricultural society  65           

which THAT has purchased, or leased, for a term of not less than   66           

twenty years, real estate as a site on which to hold fairs or in   67           

which the title to such THE site is vested in fee in the county,   68           

the board may erect or repair buildings or otherwise improve such  69           

THE site and pay the rental thereof, or contribute to or pay any   70           

other form of indebtedness of the society, if the director of      71           

agriculture has certified to the board that the county             72           

agricultural society is complying with all laws and rules          73           

governing the operation of county agricultural societies.  The     74           

board may appropriate from the general fund such an ANY amount as  76           

THAT it deems CONSIDERS necessary for any of those purposes.  If   77           

the amount appropriated to be expended in the purchase of such     78           

real estate or in the erection of buildings or other improvements  79           

or payments of rent or other forms of indebtedness of the society  80           

exceeds fifty thousand dollars in any one year, such expenditure   81           

shall not be made unless the question of a levy of the tax         82           

therefor is submitted to the qualified electors of the county at   83           

a general election, a notice of which, specifying the amount to    84           

be levied, has been given at least thirty days previous to such    85           

election. This notice shall be given either by publishing it in    86           

one or more newspapers published and of general circulation in     87           

the county, or by mailing or otherwise distributing it to each     88           

elector in the county as far as is reasonably possible.  The       89           

                                                          3      

                                                                 
board shall pass a resolution authorizing the submission of the    90           

question to the electors and certify their action to the board of  91           

elections of the county which shall prepare and furnish the        92           

necessary ballots and other supplies.  Such certification shall    93           

be made to the board of elections not later than four p.m. of the  94           

seventy-fifth day before the day of election.  The form of the     95           

ballots cast at such election shall be:                            96           

      "Agricultural tax--Yes."                                     98           

      "Agricultural tax--No."                                      100          

      If the majority of the vote cast is in favor of such tax,    102          

it may be levied and collected as other taxes.                     103          

      The requirement that the question of a tax levy be           105          

submitted to the electors shall not apply where the funds to be    106          

expended have been received as reparation for damage to the        107          

fairground caused by use thereof for military purposes, or as      108          

insurance proceeds received in payment for property damaged or     109          

destroyed by fire or any other cause.                              110          

      Sec. 1711.16.  When the control and management of a          119          

fairground is in a county agricultural society, and the board of   120          

county commissioners has appropriated an amount or levied a tax    121          

for the aid of such THE society as provided in section 1711.15 of  123          

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

contract for the erection or repair of buildings or otherwise      124          

improve said site THE FAIRGROUND, to the extent that the payment   125          

for said THE improvement is provided by said THE board.            126          

      When such THE appropriation is made by the board or when     128          

such tax is collected by the county treasurer, the county auditor  129          

shall place the proceeds in a special fund, designated the         131          

"county agricultural society fund," indicating the purpose for     132          

which it is available, and on.  ON application of the treasurer    133          

of the society, said THE auditor shall issue his AN order for the  134          

amount of such THE appropriation or tax to said THE treasurer of   135          

the society, if the society has secured the certificate required   137          

under section 1711.05 of the Revised Code, on said THE             138          

                                                          4      

                                                                 
treasurer's filing with said THE auditor a bond in double the      139          

amount collected, with good and sufficient sureties approved by    140          

said THE auditor, conditioned for the satisfactory paying over     142          

and accounting of such THE funds for the purposes for which they   144          

were provided.  Said THE funds shall remain in the special fund    146          

in which they are placed by said THE auditor until they are        147          

applied or by the treasurer of the society and such THE bond is    148          

given, or until they are expended by the board for the purposes    150          

for which said THE fund was created.  If such THE society ceases   151          

to exist or releases said THE fund as not required for the         152          

purposes for which the fund was created, the board may by          153          

resolution transfer said THE fund to the general fund of the       154          

county.                                                                         

      Sec. 1711.17.  In any counties in which there is a duly      162          

organized independent agricultural society, the respective boards  163          

of county commissioners may purchase or lease jointly, for a term  164          

of not less than twenty years, real estate on which to hold fairs  165          

under the management and control of the society, and may erect     166          

suitable buildings and otherwise improve the property, and pay     167          

the rental thereof, or contribute to or pay any other form of      168          

indebtedness of the society, if the director of agriculture has    169          

certified to the board that the independent agricultural society   170          

is complying with all laws and rules governing the operation of    171          

county agricultural societies.  The boards may appropriate from    172          

their respective general funds such an amount as they consider     173          

necessary for any of those purposes.  If the total amount          174          

appropriated from one or more boards of county commissioners for   175          

the joint purchase of such real estate, for the erection of        176          

buildings or other improvements, or for the payment of rent or     177          

other forms of indebtedness of the society exceeds fifty thousand  178          

dollars in any one year, such expenditure shall not be made        179          

unless the question of a levy of a tax for that purpose is         180          

submitted to the qualified electors of the counties at a general   181          

election, a notice of which, specifying the amount to be levied,   182          

                                                          5      

                                                                 
has been given at least thirty days previous to such election, in  183          

one or more newspapers published and of general circulation in     184          

the counties.  The boards shall pass resolutions authorizing the   185          

submission of the question to the electors and certify their       186          

action to the boards of elections of the counties, which shall     187          

prepare and furnish the necessary ballots and other supplies.      188          

Such certification shall be made to the board of elections not     189          

later than four p.m. of the seventy-fifth day before the day of    190          

the election.  The form of the ballots cast at such election       191          

shall be as follows:  "Shall the board of commissioners of         192          

.......... County be authorized to levy a tax for the benefit of   193          

the .......... independent agricultural society for the purpose    194          

of ........ (here state the purpose of the tax), at a rate not     195          

exceeding .......... mills for each one dollar of valuation,       196          

which amounts to .......... dollars for each one hundred dollars   197          

of valuation, for .......... (here state the number of years the   198          

tax will be levied)?                                               199          

            ______________________________________                 201          

                      For the tax levy                             202          

            ______________________________________                 203          

                      Against the tax levy                         204          

            ______________________________________  "              205          

      If the majority of the votes cast is in favor of such tax    207          

in each county, it may be levied and collected as other taxes.     208          

      Sec. 5705.19.  This section does not apply to school         217          

districts or county school financing districts.                    218          

      The taxing authority of any subdivision at any time and in   220          

any year, by vote of two-thirds of all the members of the taxing   221          

authority, may declare by resolution and certify the resolution    222          

to the board of elections not less than seventy-five days before   223          

the election upon which it will be voted that the amount of taxes  224          

that may be raised within the ten-mill limitation will be          225          

insufficient to provide for the necessary requirements of the      226          

subdivision and that it is necessary to levy a tax in excess of    227          

                                                          6      

                                                                 
that limitation for any of the following purposes:                 228          

      (A)  For current expenses of the subdivision, except that    230          

the total levy for current expenses of a detention home district   231          

or district organized under section 2151.65 of the Revised Code    232          

shall not exceed two mills and that the total levy for current     233          

expenses of a combined district organized under sections 2151.34   234          

and 2151.65 of the Revised Code shall not exceed four mills;       235          

      (B)  For the payment of debt charges on certain described    237          

bonds, notes, or certificates of indebtedness of the subdivision   238          

issued subsequent to January 1, 1925;                              239          

      (C)  For the debt charges on all bonds, notes, and           241          

certificates of indebtedness issued and authorized to be issued    242          

prior to January 1, 1925;                                          243          

      (D)  For a public library of, or supported by, the           245          

subdivision under whatever law organized or authorized to be       246          

supported;                                                         247          

      (E)  For a municipal university, not to exceed two mills     249          

over the limitation of one mill prescribed in section 3349.13 of   250          

the Revised Code;                                                  251          

      (F)  For the construction or acquisition of any specific     253          

permanent improvement or class of improvements that the taxing     254          

authority of the subdivision may include in a single bond issue;   255          

      (G)  For the general construction, reconstruction,           257          

resurfacing, and repair of streets, roads, and bridges in          258          

municipal corporations, counties, or townships;                    259          

      (H)  For recreational purposes;                              261          

      (I)  For the purpose of providing and maintaining fire       263          

apparatus, appliances, buildings, or sites therefor, or sources    264          

of water supply and materials therefor, or the establishment and   265          

maintenance of lines of fire alarm telegraph, or the payment of    266          

permanent, part-time, or volunteer fire fighters or fire-fighting  267          

companies to operate the same, including the payment of the        268          

firemen employer's contribution required under section 742.34 of   269          

the Revised Code, or to purchase ambulance equipment, or to        270          

                                                          7      

                                                                 
provide ambulance, paramedic, or other emergency medical services  271          

operated by a fire department or fire-fighting company;            272          

      (J)  For the purpose of providing and maintaining motor      274          

vehicles, communications, and other equipment used directly in     275          

the operation of a police department, or the payment of salaries   276          

of permanent police personnel, including the payment of the        277          

policemen POLICE employer's contribution required under section    278          

742.33 of the Revised Code, or the payment of the costs incurred   280          

by townships as a result of contracts made with other political    281          

subdivisions in order to obtain police protection, or to provide   282          

ambulance or emergency medical services operated by a police       283          

department;                                                        284          

      (K)  For the maintenance and operation of a county home;     286          

      (L)  For community mental retardation and developmental      288          

disabilities programs and services pursuant to Chapter 5126. of    289          

the Revised Code, except that the procedure for such levies shall  290          

be as provided in section 5705.222 of the Revised Code;            291          

      (M)  For regional planning;                                  293          

      (N)  For a county's share of the cost of maintaining and     295          

operating schools, district detention homes, forestry camps, or    296          

other facilities, or any combination thereof established under     297          

section 2151.34 or 2151.65 of the Revised Code or both of those    298          

sections;                                                          299          

      (O)  For providing for flood defense, providing and          301          

maintaining a flood wall or pumps, and other purposes to prevent   302          

floods;                                                            303          

      (P)  For maintaining and operating sewage disposal plants    305          

and facilities;                                                    306          

      (Q)  For the purpose of purchasing, acquiring,               308          

constructing, enlarging, improving, equipping, repairing,          309          

maintaining, or operating, or any combination of the foregoing, a  310          

county transit system pursuant to sections 306.01 to 306.13 of     311          

the Revised Code, or to make any payment to a board of county      312          

commissioners operating a transit system or a county transit       313          

                                                          8      

                                                                 
board pursuant to section 306.06 of the Revised Code;              314          

      (R)  For the subdivision's share of the cost of acquiring    316          

or constructing any schools, forestry camps, detention homes, or   317          

other facilities, or any combination thereof under section         318          

2151.34 or 2151.65 of the Revised Code or both of those sections;  319          

      (S)  For the prevention, control, and abatement of air       321          

pollution;                                                         322          

      (T)  For maintaining and operating cemeteries;               324          

      (U)  For providing ambulance service, emergency medical      326          

service, or both;                                                  327          

      (V)  For providing for the collection and disposal of        329          

garbage or refuse;                                                 330          

      (W)  For the payment of the policemen POLICE employer's      332          

contribution or the firemen FIREFIGHTERS employer's contribution   333          

required under sections 742.33 and 742.34 of the Revised Code;     335          

      (X)  For the construction and maintenance of a drainage      337          

improvement pursuant to section 6131.52 of the Revised Code;       338          

      (Y)  For providing or maintaining senior citizens services   340          

or facilities as authorized by section 307.694, 307.85, 505.70,    341          

505.706, or division (EE) of section 717.01 of the Revised Code;   342          

      (Z)  For the provision and maintenance of zoological park    344          

services and facilities as authorized under section 307.76 of the  345          

Revised Code;                                                      346          

      (AA)  For the maintenance and operation of a free public     348          

museum of art, science, or history;                                349          

      (BB)  For the establishment and operation of a 9-1-1         351          

system, as defined in section 4931.40 of the Revised Code;         352          

      (CC)  For the purpose of acquiring, rehabilitating, or       354          

developing rail property or rail service.  As used in this         355          

division, "rail property" and "rail service" have the same         356          

meanings as in section 4981.01 of the Revised Code.  This          357          

division applies only to a county, township, or municipal          358          

corporation.                                                       359          

      (DD)  For the purpose of acquiring property for,             361          

                                                          9      

                                                                 
constructing, operating, and maintaining community centers as      362          

provided for in section 755.16 of the Revised Code;                363          

      (EE)  For the creation and operation of an office or joint   365          

office of economic development, for any economic development       366          

purpose of the office, and to otherwise provide for the            367          

establishment and operation of a program of economic development   368          

pursuant to sections 307.07 and 307.64 of the Revised Code;        369          

      (FF)  For the purpose of acquiring, establishing,            371          

constructing, improving, equipping, maintaining, or operating, or  372          

any combination of the foregoing, a township airport, landing      373          

field, or other air navigation facility pursuant to section        374          

505.15 of the Revised Code;                                        375          

      (GG)  For the payment of costs incurred by a township as a   377          

result of a contract made with a county pursuant to section        378          

505.263 of the Revised Code in order to pay all or any part of     379          

the cost of constructing, maintaining, repairing, or operating a   380          

water supply improvement;                                          381          

      (HH)  For a board of township trustees to acquire, other     383          

than by appropriation, an ownership interest in land, water, or    384          

wetlands, or to restore or maintain land, water, or wetlands in    385          

which the board has such an interest, not for purposes of          386          

recreation, but for the purposes of protecting and preserving the  387          

natural, scenic, open, or wooded condition of the land, water, or  388          

wetlands against modification or encroachment resulting from       389          

occupation, development, or other use;                             390          

      (II)  For the support by a county of a crime victim          392          

assistance program that is provided and maintained by a county     393          

agency or a private, nonprofit corporation or association under    394          

section 307.62 of the Revised Code;                                395          

      (JJ)  For any or all of the purposes set forth in division   397          

(I) or (J) of this section.  This division applies only to a       398          

township.                                                          399          

      (KK)  For a countywide public safety communications system   401          

under section 307.63 of the Revised Code.  This division applies   402          

                                                          10     

                                                                 
only to counties.                                                  403          

      (LL)  For the support by a county of criminal justice        405          

services under section 307.45 of the Revised Code;                 406          

      (MM)  For the purpose of maintaining and operating a jail    408          

or other detention facility as defined in section 2921.01 of the   409          

Revised Code;                                                      410          

      (NN)  FOR PURCHASING, MAINTAINING, OR IMPROVING, OR ANY      412          

COMBINATION OF THE FOREGOING, REAL ESTATE ON WHICH TO HOLD         413          

AGRICULTURAL FAIRS.  THIS DIVISION APPLIES ONLY TO A COUNTY.       414          

      The resolution shall be confined to the purpose or purposes  416          

described in one division of this section, for which the revenue   417          

derived therefrom shall be applied.  The existence in any other    418          

division of this section of authority to levy a tax for any part   419          

or all of the same purpose or purposes does not preclude the use   420          

of such revenues for any part of the purpose or purposes of the    421          

division under which the resolution is adopted.                    422          

      The resolution shall specify the amount of the increase in   424          

rate that it is necessary to levy, the purpose thereof, and the    425          

number of years during which the increase in rate shall be in      426          

effect, which may or may not include a levy upon the duplicate of  427          

the current year.  The number of years may be any number not       428          

exceeding five, except as follows:                                 429          

      (1)  When the additional rate is for the payment of debt     431          

charges, the increased rate shall be for the life of the           432          

indebtedness.                                                      433          

      (2)  When the additional rate is any of the following, the   435          

increased rate shall be for a continuing period of time:           436          

      (a)  For the current expenses for a detention home           438          

district, a district organized under section 2151.65 of the        439          

Revised Code, or a combined district organized under sections      440          

2151.34 and 2151.65 of the Revised Code;                           441          

      (b)  For providing a county's share of the cost of           443          

maintaining and operating schools, district detention homes,       444          

forestry camps, or other facilities, or any combination thereof,   445          

                                                          11     

                                                                 
established under section 2151.34 or 2151.65 of the Revised Code   446          

or under both of those sections.                                   447          

      (3)  When the additional rate is for any of the following,   449          

the increased rate may be for a continuing period of time:         450          

      (a)  For the purposes set forth in division (I), (J), (U),   452          

or (KK) of this section;                                           453          

      (b)  For the maintenance and operation of a joint            455          

recreation district;                                               456          

      (c)  A levy imposed by a township for the purposes set       458          

forth in division (G) of this section.                             459          

      (4)  When the increase is for the purpose set forth in       461          

division (D) or (CC) of this section, the tax levy may be for any  462          

specified number of years or for a continuing period of time, as   463          

set forth in the resolution.                                       464          

      (5)  When the additional rate is for the purpose described   466          

in division (Z) of this section, the increased rate shall be for   467          

any number of years not exceeding ten.                             468          

      A levy for the purposes set forth in division (I), (J), or   470          

(U) of this section, and a levy imposed by a township for the      471          

purposes set forth in division (G) of this section, may be         472          

reduced pursuant to section 5705.261 or 5705.31 of the Revised     473          

Code.  A levy for the purposes set forth in division (I), (J), or  474          

(U) of this section, and a levy imposed by a township for the      475          

purposes set forth in division (G) of this section, may also be    476          

terminated or permanently reduced by the taxing authority if it    477          

adopts a resolution stating that the continuance of the levy is    478          

unnecessary and the levy shall be terminated or that the millage   479          

is excessive and the levy shall be decreased by a designated       480          

amount.                                                            481          

      A resolution of a detention home district, a district        483          

organized under section 2151.65 of the Revised Code, or a          484          

combined district organized under both sections 2151.34 and        485          

2151.65 of the Revised Code may include both current expenses and  486          

other purposes, provided that the resolution shall apportion the   487          

                                                          12     

                                                                 
annual rate of levy between the current expenses and other         488          

purpose or purposes.  The apportionment need not be the same for   489          

each year of the levy, but the respective portions of the rate     490          

actually levied each year for the current expenses and the other   491          

purpose or purposes shall be limited by the apportionment.         492          

      Whenever a board of county commissioners, acting either as   494          

the taxing authority of its county or as the taxing authority of   495          

a sewer district or subdistrict created under Chapter 6117. of     496          

the Revised Code, by resolution declares it necessary to levy a    497          

tax in excess of the ten-mill limitation for the purpose of        498          

constructing, improving, or extending sewage disposal plants or    499          

sewage systems, the tax may be in effect for any number of years   500          

not exceeding twenty, and the proceeds thereof, notwithstanding    501          

the general provisions of this section, may be used to pay debt    502          

charges on any obligations issued and outstanding on behalf of     503          

the subdivision for the purposes enumerated in this paragraph,     504          

provided that any such obligations have been specifically          505          

described in the resolution.                                       506          

      The resolution shall go into immediate effect upon its       508          

passage, and no publication of the resolution is necessary other   509          

than that provided for in the notice of election.                  510          

      When the electors of a subdivision have approved a tax levy  512          

under this section, the taxing authority of the subdivision may    513          

anticipate a fraction of the proceeds of the levy and issue        514          

anticipation notes in accordance with section 5705.191 or          515          

5705.193 of the Revised Code.                                      516          

      Section 2.  That existing sections 1711.081, 1711.15,        518          

1711.16, 1711.17, and 5705.19 of the Revised Code are hereby       520          

repealed.