As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                        Am. Sub. H. B. No. 117   5            

      1997-1998                                                    6            


    REPRESENTATIVES TERWILLEGER-BRADING-FOX-OPFER-OGG-VESPER-      8            

 BUCHY-HARRIS-METZGER-HAINES-HOUSEHOLDER-WESTON-PADGETT-GARCIA-    9            

 CAREY-REID-CORBIN-KREBS-MEAD-HOTTINGER-SULZER-KASPUTIS-SALERNO    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  17           

                in which there exists a county agricultural        18           

                society or an independent agricultural society     19           

                and in which the board of county commissioners     20           

                appropriates more than fifty thousand  dollars to  21           

                be expended in one year for certain expenses       23           

                related to fairs, the question of a tax levy be    24           

                put on the ballot in the county before the         25           

                expenditure can be made, and to  authorize the     26           

                board of any county to put on the ballot the       27           

                question of a tax levy  for purchasing,            28           

                maintaining, or improving real estate on which to  29           

                hold  fairs.                                       30           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        32           

      Section 1.  That sections 1711.081, 1711.15, 1711.16,        34           

1711.17, and 5705.19 of the Revised Code be amended to read as     36           

follows:                                                                        

      Sec. 1711.081.  The positions of members of the board of     45           

directors, officers, and employees of a county or independent      46           

agricultural society are not public offices, and persons holding   47           

such THOSE positions are eligible to hold any public office        49           

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

                                                          2      

                                                                 
county budget commission is eligible to be a member of the board   51           

of directors of a county or independent agricultural society       52           

unless a tax is levied in the county pursuant to section 1711.15   53           

or 1711.17 of the Revised Code.                                    54           

      Sec. 1711.15.  In any county in which there is a duly        63           

organized county agricultural society, the board of county         64           

commissioners may purchase or lease, for a term of not less than   65           

twenty years, real estate on which to hold fairs under the         66           

management and control of the county agricultural society, and     67           

may erect thereon suitable buildings and otherwise improve it.     68           

      In counties in which there is a county agricultural society  70           

which THAT has purchased, or leased, for a term of not less than   71           

twenty years, real estate as a site on which to hold fairs or in   72           

which the title to such THE site is vested in fee in the county,   73           

the board may erect or repair buildings or otherwise improve such  74           

THE site and pay the rental thereof, or contribute to or pay any   75           

other form of indebtedness of the society, if the director of      76           

agriculture has certified to the board that the county             77           

agricultural society is complying with all laws and rules          78           

governing the operation of county agricultural societies.  The     79           

board may appropriate from the general fund such an ANY amount as  81           

THAT it deems CONSIDERS necessary for any of those purposes.  If   82           

the amount appropriated to be expended in the purchase of such     83           

real estate or in the erection of buildings or other improvements  84           

or payments of rent or other forms of indebtedness of the society  85           

exceeds fifty thousand dollars in any one year, such expenditure   86           

shall not be made unless the question of a levy of the tax         87           

therefor is submitted to the qualified electors of the county at   88           

a general election, a notice of which, specifying the amount to    89           

be levied, has been given at least thirty days previous to such    90           

election. This notice shall be given either by publishing it in    91           

one or more newspapers published and of general circulation in     92           

the county, or by mailing or otherwise distributing it to each     93           

elector in the county as far as is reasonably possible.  The       94           

                                                          3      

                                                                 
board shall pass a resolution authorizing the submission of the    95           

question to the electors and certify their action to the board of  96           

elections of the county which shall prepare and furnish the        97           

necessary ballots and other supplies.  Such certification shall    98           

be made to the board of elections not later than four p.m. of the  99           

seventy-fifth day before the day of election.  The form of the     100          

ballots cast at such election shall be:                            101          

      "Agricultural tax--Yes."                                     103          

      "Agricultural tax--No."                                      105          

      If the majority of the vote cast is in favor of such tax,    107          

it may be levied and collected as other taxes.                     108          

      The requirement that the question of a tax levy be           110          

submitted to the electors shall not apply where the funds to be    111          

expended have been received as reparation for damage to the        112          

fairground caused by use thereof for military purposes, or as      113          

insurance proceeds received in payment for property damaged or     114          

destroyed by fire or any other cause.                              115          

      Sec. 1711.16.  When the control and management of a          124          

fairground is in a county agricultural society, and the board of   125          

county commissioners has appropriated an amount or levied a tax    126          

for the aid of such THE society as provided in section 1711.15 of  128          

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

contract for the erection or repair of buildings or otherwise      129          

improve said site THE FAIRGROUND, to the extent that the payment   130          

for said THE improvement is provided by said THE board.            131          

      When such THE appropriation is made by the board or when     133          

such tax is collected by the county treasurer, the county auditor  134          

shall place the proceeds in a special fund, designated the         136          

"county agricultural society fund," indicating the purpose for     137          

which it is available, and on.  ON application of the treasurer    138          

of the society, said THE auditor shall issue his AN order for the  139          

amount of such THE appropriation or tax to said THE treasurer of   140          

the society, if the society has secured the certificate required   142          

under section 1711.05 of the Revised Code, on said THE             143          

                                                          4      

                                                                 
treasurer's filing with said THE auditor a bond in double the      144          

amount collected, with good and sufficient sureties approved by    145          

said THE auditor, conditioned for the satisfactory paying over     147          

and accounting of such THE funds for the purposes for which they   149          

were provided.  Said THE funds shall remain in the special fund    151          

in which they are placed by said THE auditor until they are        152          

applied or by the treasurer of the society and such THE bond is    153          

given, or until they are expended by the board for the purposes    155          

for which said THE fund was created.  If such THE society ceases   156          

to exist or releases said THE fund as not required for the         157          

purposes for which the fund was created, the board may by          158          

resolution transfer said THE fund to the general fund of the       159          

county.                                                                         

      Sec. 1711.17.  In any counties in which there is a duly      167          

organized independent agricultural society, the respective boards  168          

of county commissioners may purchase or lease jointly, for a term  169          

of not less than twenty years, real estate on which to hold fairs  170          

under the management and control of the society, and may erect     171          

suitable buildings and otherwise improve the property, and pay     172          

the rental thereof, or contribute to or pay any other form of      173          

indebtedness of the society, if the director of agriculture has    174          

certified to the board that the independent agricultural society   175          

is complying with all laws and rules governing the operation of    176          

county agricultural societies.  The boards may appropriate from    177          

their respective general funds such an amount as they consider     178          

necessary for any of those purposes.  If the total amount          179          

appropriated from one or more boards of county commissioners for   180          

the joint purchase of such real estate, for the erection of        181          

buildings or other improvements, or for the payment of rent or     182          

other forms of indebtedness of the society exceeds fifty thousand  183          

dollars in any one year, such expenditure shall not be made        184          

unless the question of a levy of a tax for that purpose is         185          

submitted to the qualified electors of the counties at a general   186          

election, a notice of which, specifying the amount to be levied,   187          

                                                          5      

                                                                 
has been given at least thirty days previous to such election, in  188          

one or more newspapers published and of general circulation in     189          

the counties.  The boards shall pass resolutions authorizing the   190          

submission of the question to the electors and certify their       191          

action to the boards of elections of the counties, which shall     192          

prepare and furnish the necessary ballots and other supplies.      193          

Such certification shall be made to the board of elections not     194          

later than four p.m. of the seventy-fifth day before the day of    195          

the election.  The form of the ballots cast at such election       196          

shall be as follows:  "Shall the board of commissioners of         197          

.......... County be authorized to levy a tax for the benefit of   198          

the .......... independent agricultural society for the purpose    199          

of ........ (here state the purpose of the tax), at a rate not     200          

exceeding .......... mills for each one dollar of valuation,       201          

which amounts to .......... dollars for each one hundred dollars   202          

of valuation, for .......... (here state the number of years the   203          

tax will be levied)?                                               204          

            ______________________________________                 206          

                      For the tax levy                             207          

            ______________________________________                 208          

                      Against the tax levy                         209          

            ______________________________________  "              210          

      If the majority of the votes cast is in favor of such tax    212          

in each county, it may be levied and collected as other taxes.     213          

      Sec. 5705.19.  This section does not apply to school         222          

districts or county school financing districts.                    223          

      The taxing authority of any subdivision at any time and in   225          

any year, by vote of two-thirds of all the members of the taxing   226          

authority, may declare by resolution and certify the resolution    227          

to the board of elections not less than seventy-five days before   228          

the election upon which it will be voted that the amount of taxes  229          

that may be raised within the ten-mill limitation will be          230          

insufficient to provide for the necessary requirements of the      231          

subdivision and that it is necessary to levy a tax in excess of    232          

                                                          6      

                                                                 
that limitation for any of the following purposes:                 233          

      (A)  For current expenses of the subdivision, except that    235          

the total levy for current expenses of a detention home district   236          

or district organized under section 2151.65 of the Revised Code    237          

shall not exceed two mills and that the total levy for current     238          

expenses of a combined district organized under sections 2151.34   239          

and 2151.65 of the Revised Code shall not exceed four mills;       240          

      (B)  For the payment of debt charges on certain described    242          

bonds, notes, or certificates of indebtedness of the subdivision   243          

issued subsequent to January 1, 1925;                              244          

      (C)  For the debt charges on all bonds, notes, and           246          

certificates of indebtedness issued and authorized to be issued    247          

prior to January 1, 1925;                                          248          

      (D)  For a public library of, or supported by, the           250          

subdivision under whatever law organized or authorized to be       251          

supported;                                                         252          

      (E)  For a municipal university, not to exceed two mills     254          

over the limitation of one mill prescribed in section 3349.13 of   255          

the Revised Code;                                                  256          

      (F)  For the construction or acquisition of any specific     258          

permanent improvement or class of improvements that the taxing     259          

authority of the subdivision may include in a single bond issue;   260          

      (G)  For the general construction, reconstruction,           262          

resurfacing, and repair of streets, roads, and bridges in          263          

municipal corporations, counties, or townships;                    264          

      (H)  For recreational purposes;                              266          

      (I)  For the purpose of providing and maintaining fire       268          

apparatus, appliances, buildings, or sites therefor, or sources    269          

of water supply and materials therefor, or the establishment and   270          

maintenance of lines of fire alarm telegraph, or the payment of    271          

permanent, part-time, or volunteer fire fighters FIREFIGHTERS or   272          

fire-fighting companies to operate the same, including the         274          

payment of the firemen FIREFIGHTERS employer's contribution        275          

required under section 742.34 of the Revised Code, or to purchase  277          

                                                          7      

                                                                 
ambulance equipment, or to provide ambulance, paramedic, or other  278          

emergency medical services operated by a fire department or        279          

fire-fighting company;                                                          

      (J)  For the purpose of providing and maintaining motor      281          

vehicles, communications, and other equipment used directly in     282          

the operation of a police department, or the payment of salaries   283          

of permanent police personnel, including the payment of the        284          

policemen POLICE employer's contribution required under section    285          

742.33 of the Revised Code, or the payment of the costs incurred   287          

by townships as a result of contracts made with other political    288          

subdivisions in order to obtain police protection, or to provide   289          

ambulance or emergency medical services operated by a police       290          

department;                                                        291          

      (K)  For the maintenance and operation of a county home;     293          

      (L)  For community mental retardation and developmental      295          

disabilities programs and services pursuant to Chapter 5126. of    296          

the Revised Code, except that the procedure for such levies shall  297          

be as provided in section 5705.222 of the Revised Code;            298          

      (M)  For regional planning;                                  300          

      (N)  For a county's share of the cost of maintaining and     302          

operating schools, district detention homes, forestry camps, or    303          

other facilities, or any combination thereof established under     304          

section 2151.34 or 2151.65 of the Revised Code or both of those    305          

sections;                                                          306          

      (O)  For providing for flood defense, providing and          308          

maintaining a flood wall or pumps, and other purposes to prevent   309          

floods;                                                            310          

      (P)  For maintaining and operating sewage disposal plants    312          

and facilities;                                                    313          

      (Q)  For the purpose of purchasing, acquiring,               315          

constructing, enlarging, improving, equipping, repairing,          316          

maintaining, or operating, or any combination of the foregoing, a  317          

county transit system pursuant to sections 306.01 to 306.13 of     318          

the Revised Code, or to make any payment to a board of county      319          

                                                          8      

                                                                 
commissioners operating a transit system or a county transit       320          

board pursuant to section 306.06 of the Revised Code;              321          

      (R)  For the subdivision's share of the cost of acquiring    323          

or constructing any schools, forestry camps, detention homes, or   324          

other facilities, or any combination thereof under section         325          

2151.34 or 2151.65 of the Revised Code or both of those sections;  326          

      (S)  For the prevention, control, and abatement of air       328          

pollution;                                                         329          

      (T)  For maintaining and operating cemeteries;               331          

      (U)  For providing ambulance service, emergency medical      333          

service, or both;                                                  334          

      (V)  For providing for the collection and disposal of        336          

garbage or refuse;                                                 337          

      (W)  For the payment of the policemen POLICE employer's      339          

contribution or the firemen FIREFIGHTERS employer's contribution   340          

required under sections 742.33 and 742.34 of the Revised Code;     342          

      (X)  For the construction and maintenance of a drainage      344          

improvement pursuant to section 6131.52 of the Revised Code;       345          

      (Y)  For providing or maintaining senior citizens services   347          

or facilities as authorized by section 307.694, 307.85, 505.70,    348          

505.706, or division (EE) of section 717.01 of the Revised Code;   349          

      (Z)  For the provision and maintenance of zoological park    351          

services and facilities as authorized under section 307.76 of the  352          

Revised Code;                                                      353          

      (AA)  For the maintenance and operation of a free public     355          

museum of art, science, or history;                                356          

      (BB)  For the establishment and operation of a 9-1-1         358          

system, as defined in section 4931.40 of the Revised Code;         359          

      (CC)  For the purpose of acquiring, rehabilitating, or       361          

developing rail property or rail service.  As used in this         362          

division, "rail property" and "rail service" have the same         363          

meanings as in section 4981.01 of the Revised Code.  This          364          

division applies only to a county, township, or municipal          365          

corporation.                                                       366          

                                                          9      

                                                                 
      (DD)  For the purpose of acquiring property for,             368          

constructing, operating, and maintaining community centers as      369          

provided for in section 755.16 of the Revised Code;                370          

      (EE)  For the creation and operation of an office or joint   372          

office of economic development, for any economic development       373          

purpose of the office, and to otherwise provide for the            374          

establishment and operation of a program of economic development   375          

pursuant to sections 307.07 and 307.64 of the Revised Code;        376          

      (FF)  For the purpose of acquiring, establishing,            378          

constructing, improving, equipping, maintaining, or operating, or  379          

any combination of the foregoing, a township airport, landing      380          

field, or other air navigation facility pursuant to section        381          

505.15 of the Revised Code;                                        382          

      (GG)  For the payment of costs incurred by a township as a   384          

result of a contract made with a county pursuant to section        385          

505.263 of the Revised Code in order to pay all or any part of     386          

the cost of constructing, maintaining, repairing, or operating a   387          

water supply improvement;                                          388          

      (HH)  For a board of township trustees to acquire, other     390          

than by appropriation, an ownership interest in land, water, or    391          

wetlands, or to restore or maintain land, water, or wetlands in    392          

which the board has such an interest, not for purposes of          393          

recreation, but for the purposes of protecting and preserving the  394          

natural, scenic, open, or wooded condition of the land, water, or  395          

wetlands against modification or encroachment resulting from       396          

occupation, development, or other use;                             397          

      (II)  For the support by a county of a crime victim          399          

assistance program that is provided and maintained by a county     400          

agency or a private, nonprofit corporation or association under    401          

section 307.62 of the Revised Code;                                402          

      (JJ)  For any or all of the purposes set forth in division   404          

(I) or (J) of this section.  This division applies only to a       405          

township.                                                          406          

      (KK)  For a countywide public safety communications system   408          

                                                          10     

                                                                 
under section 307.63 of the Revised Code.  This division applies   409          

only to counties.                                                  410          

      (LL)  For the support by a county of criminal justice        412          

services under section 307.45 of the Revised Code;                 413          

      (MM)  For the purpose of maintaining and operating a jail    415          

or other detention facility as defined in section 2921.01 of the   416          

Revised Code;                                                      417          

      (NN)  FOR PURCHASING, MAINTAINING, OR IMPROVING, OR ANY      419          

COMBINATION OF THE FOREGOING, REAL ESTATE ON WHICH TO HOLD         420          

AGRICULTURAL FAIRS.  THIS DIVISION APPLIES ONLY TO A COUNTY.       421          

      The resolution shall be confined to the purpose or purposes  423          

described in one division of this section, for which the revenue   424          

derived therefrom shall be applied.  The existence in any other    425          

division of this section of authority to levy a tax for any part   426          

or all of the same purpose or purposes does not preclude the use   427          

of such revenues for any part of the purpose or purposes of the    428          

division under which the resolution is adopted.                    429          

      The resolution shall specify the amount of the increase in   431          

rate that it is necessary to levy, the purpose thereof, and the    432          

number of years during which the increase in rate shall be in      433          

effect, which may or may not include a levy upon the duplicate of  434          

the current year.  The number of years may be any number not       435          

exceeding five, except as follows:                                 436          

      (1)  When the additional rate is for the payment of debt     438          

charges, the increased rate shall be for the life of the           439          

indebtedness.                                                      440          

      (2)  When the additional rate is any of the following, the   442          

increased rate shall be for a continuing period of time:           443          

      (a)  For the current expenses for a detention home           445          

district, a district organized under section 2151.65 of the        446          

Revised Code, or a combined district organized under sections      447          

2151.34 and 2151.65 of the Revised Code;                           448          

      (b)  For providing a county's share of the cost of           450          

maintaining and operating schools, district detention homes,       451          

                                                          11     

                                                                 
forestry camps, or other facilities, or any combination thereof,   452          

established under section 2151.34 or 2151.65 of the Revised Code   453          

or under both of those sections.                                   454          

      (3)  When the additional rate is for any of the following,   456          

the increased rate may be for a continuing period of time:         457          

      (a)  For the purposes set forth in division (I), (J), (U),   459          

or (KK) of this section;                                           460          

      (b)  For the maintenance and operation of a joint            462          

recreation district;                                               463          

      (c)  A levy imposed by a township for the purposes set       465          

forth in division (G) of this section.                             466          

      (4)  When the increase is for the purpose set forth in       468          

division (D) or (CC) of this section, the tax levy may be for any  469          

specified number of years or for a continuing period of time, as   470          

set forth in the resolution.                                       471          

      (5)  When the additional rate is for the purpose described   473          

in division (Z) of this section, the increased rate shall be for   474          

any number of years not exceeding ten.                             475          

      A levy for the purposes set forth in division (I), (J), or   477          

(U) of this section, and a levy imposed by a township for the      478          

purposes set forth in division (G) of this section, may be         479          

reduced pursuant to section 5705.261 or 5705.31 of the Revised     480          

Code.  A levy for the purposes set forth in division (I), (J), or  481          

(U) of this section, and a levy imposed by a township for the      482          

purposes set forth in division (G) of this section, may also be    483          

terminated or permanently reduced by the taxing authority if it    484          

adopts a resolution stating that the continuance of the levy is    485          

unnecessary and the levy shall be terminated or that the millage   486          

is excessive and the levy shall be decreased by a designated       487          

amount.                                                            488          

      A resolution of a detention home district, a district        490          

organized under section 2151.65 of the Revised Code, or a          491          

combined district organized under both sections 2151.34 and        492          

2151.65 of the Revised Code may include both current expenses and  493          

                                                          12     

                                                                 
other purposes, provided that the resolution shall apportion the   494          

annual rate of levy between the current expenses and other         495          

purpose or purposes.  The apportionment need not be the same for   496          

each year of the levy, but the respective portions of the rate     497          

actually levied each year for the current expenses and the other   498          

purpose or purposes shall be limited by the apportionment.         499          

      Whenever a board of county commissioners, acting either as   501          

the taxing authority of its county or as the taxing authority of   502          

a sewer district or subdistrict created under Chapter 6117. of     503          

the Revised Code, by resolution declares it necessary to levy a    504          

tax in excess of the ten-mill limitation for the purpose of        505          

constructing, improving, or extending sewage disposal plants or    506          

sewage systems, the tax may be in effect for any number of years   507          

not exceeding twenty, and the proceeds thereof, notwithstanding    508          

the general provisions of this section, may be used to pay debt    509          

charges on any obligations issued and outstanding on behalf of     510          

the subdivision for the purposes enumerated in this paragraph,     511          

provided that any such obligations have been specifically          512          

described in the resolution.                                       513          

      The resolution shall go into immediate effect upon its       515          

passage, and no publication of the resolution is necessary other   516          

than that provided for in the notice of election.                  517          

      When the electors of a subdivision have approved a tax levy  519          

under this section, the taxing authority of the subdivision may    520          

anticipate a fraction of the proceeds of the levy and issue        521          

anticipation notes in accordance with section 5705.191 or          522          

5705.193 of the Revised Code.                                      523          

      Section 2.  That existing sections 1711.081, 1711.15,        525          

1711.16, 1711.17, and 5705.19 of the Revised Code are hereby       527          

repealed.