As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 336   5            

      1997-1998                                                    6            


       REPRESENTATIVES O'BRIEN-TERWILLEGER-OPFER-MOTTLEY-          8            

                       GARCIA-BOYD-BRITTON                         9            


                                                                   10           

                           A   B I L L                                          

             To amend sections 5705.19 and 5705.191 of the         12           

                Revised Code to permit taxing authorities to       13           

                issue property tax anticipation notes at any time  14           

                during the life of the tax levy,  to permit        15           

                townships to levy a property tax for the purpose   16           

                of building or maintaining walkways and similar    17           

                improvements or for that purpose and for general   18           

                street repair, and to modify the statement  of     19           

                purpose for property taxes levied for              21           

                "greenspace."                                      22           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        24           

      Section 1.  That sections 5705.19 and 5705.191 of the        26           

Revised Code be amended to read as follows:                        27           

      Sec. 5705.19.  This section does not apply to school         36           

districts or county school financing districts.                    37           

      The taxing authority of any subdivision at any time and in   39           

any year, by vote of two-thirds of all the members of the taxing   40           

authority, may declare by resolution and certify the resolution    41           

to the board of elections not less than seventy-five days before   42           

the election upon which it will be voted that the amount of taxes  43           

that may be raised within the ten-mill limitation will be          44           

insufficient to provide for the necessary requirements of the      45           

subdivision and that it is necessary to levy a tax in excess of    46           

that limitation for any of the following purposes:                 47           

      (A)  For current expenses of the subdivision, except that    49           

                                                          2      

                                                                 
the total levy for current expenses of a detention home district   50           

or district organized under section 2151.65 of the Revised Code    51           

shall not exceed two mills and that the total levy for current     52           

expenses of a combined district organized under sections 2151.34   53           

and 2151.65 of the Revised Code shall not exceed four mills;       54           

      (B)  For the payment of debt charges on certain described    56           

bonds, notes, or certificates of indebtedness of the subdivision   57           

issued subsequent to January 1, 1925;                              58           

      (C)  For the debt charges on all bonds, notes, and           60           

certificates of indebtedness issued and authorized to be issued    61           

prior to January 1, 1925;                                          62           

      (D)  For a public library of, or supported by, the           64           

subdivision under whatever law organized or authorized to be       65           

supported;                                                         66           

      (E)  For a municipal university, not to exceed two mills     68           

over the limitation of one mill prescribed in section 3349.13 of   69           

the Revised Code;                                                  70           

      (F)  For the construction or acquisition of any specific     72           

permanent improvement or class of improvements that the taxing     73           

authority of the subdivision may include in a single bond issue;   74           

      (G)  For the general construction, reconstruction,           76           

resurfacing, and repair of streets, roads, and bridges in          77           

municipal corporations, counties, or townships;                    78           

      (H)  For recreational purposes;                              80           

      (I)  For the purpose of providing and maintaining fire       82           

apparatus, appliances, buildings, or sites therefor, or sources    83           

of water supply and materials therefor, or the establishment and   84           

maintenance of lines of fire alarm telegraph, or the payment of    85           

permanent, part-time, or volunteer fire fighters or fire-fighting  86           

companies to operate the same, including the payment of the        87           

firemen FIREFIGHTERS employer's contribution required under        88           

section 742.34 of the Revised Code, or to purchase ambulance       89           

equipment, or to provide ambulance, paramedic, or other emergency  90           

medical services operated by a fire department or fire-fighting    91           

                                                          3      

                                                                 
company;                                                                        

      (J)  For the purpose of providing and maintaining motor      93           

vehicles, communications, and other equipment used directly in     94           

the operation of a police department, or the payment of salaries   95           

of permanent police personnel, including the payment of the        96           

policemen POLICE employer's contribution required under section    97           

742.33 of the Revised Code, or the payment of the costs incurred   99           

by townships as a result of contracts made with other political    100          

subdivisions in order to obtain police protection, or to provide   101          

ambulance or emergency medical services operated by a police       102          

department;                                                        103          

      (K)  For the maintenance and operation of a county home;     105          

      (L)  For community mental retardation and developmental      107          

disabilities programs and services pursuant to Chapter 5126. of    108          

the Revised Code, except that the procedure for such levies shall  109          

be as provided in section 5705.222 of the Revised Code;            110          

      (M)  For regional planning;                                  112          

      (N)  For a county's share of the cost of maintaining and     114          

operating schools, district detention homes, forestry camps, or    115          

other facilities, or any combination thereof established under     116          

section 2151.34 or 2151.65 of the Revised Code or both of those    117          

sections;                                                          118          

      (O)  For providing for flood defense, providing and          120          

maintaining a flood wall or pumps, and other purposes to prevent   121          

floods;                                                            122          

      (P)  For maintaining and operating sewage disposal plants    124          

and facilities;                                                    125          

      (Q)  For the purpose of purchasing, acquiring,               127          

constructing, enlarging, improving, equipping, repairing,          128          

maintaining, or operating, or any combination of the foregoing, a  129          

county transit system pursuant to sections 306.01 to 306.13 of     130          

the Revised Code, or to make any payment to a board of county      131          

commissioners operating a transit system or a county transit       132          

board pursuant to section 306.06 of the Revised Code;              133          

                                                          4      

                                                                 
      (R)  For the subdivision's share of the cost of acquiring    135          

or constructing any schools, forestry camps, detention homes, or   136          

other facilities, or any combination thereof under section         137          

2151.34 or 2151.65 of the Revised Code or both of those sections;  138          

      (S)  For the prevention, control, and abatement of air       140          

pollution;                                                         141          

      (T)  For maintaining and operating cemeteries;               143          

      (U)  For providing ambulance service, emergency medical      145          

service, or both;                                                  146          

      (V)  For providing for the collection and disposal of        148          

garbage or refuse;                                                 149          

      (W)  For the payment of the policemen POLICE employer's      151          

contribution or the firemen FIREFIGHTERS employer's contribution   152          

required under sections 742.33 and 742.34 of the Revised Code;     154          

      (X)  For the construction and maintenance of a drainage      156          

improvement pursuant to section 6131.52 of the Revised Code;       157          

      (Y)  For providing or maintaining senior citizens services   159          

or facilities as authorized by section 307.694, 307.85, 505.70,    160          

505.706, or division (EE) of section 717.01 of the Revised Code;   161          

      (Z)  For the provision and maintenance of zoological park    163          

services and facilities as authorized under section 307.76 of the  164          

Revised Code;                                                      165          

      (AA)  For the maintenance and operation of a free public     167          

museum of art, science, or history;                                168          

      (BB)  For the establishment and operation of a 9-1-1         170          

system, as defined in section 4931.40 of the Revised Code;         171          

      (CC)  For the purpose of acquiring, rehabilitating, or       173          

developing rail property or rail service.  As used in this         174          

division, "rail property" and "rail service" have the same         175          

meanings as in section 4981.01 of the Revised Code.  This          176          

division applies only to a county, township, or municipal          177          

corporation.                                                       178          

      (DD)  For the purpose of acquiring property for,             180          

constructing, operating, and maintaining community centers as      181          

                                                          5      

                                                                 
provided for in section 755.16 of the Revised Code;                182          

      (EE)  For the creation and operation of an office or joint   184          

office of economic development, for any economic development       185          

purpose of the office, and to otherwise provide for the            186          

establishment and operation of a program of economic development   187          

pursuant to sections 307.07 and 307.64 of the Revised Code;        188          

      (FF)  For the purpose of acquiring, establishing,            190          

constructing, improving, equipping, maintaining, or operating, or  191          

any combination of the foregoing, a township airport, landing      192          

field, or other air navigation facility pursuant to section        193          

505.15 of the Revised Code;                                        194          

      (GG)  For the payment of costs incurred by a township as a   196          

result of a contract made with a county pursuant to section        197          

505.263 of the Revised Code in order to pay all or any part of     198          

the cost of constructing, maintaining, repairing, or operating a   199          

water supply improvement;                                          200          

      (HH)  For a board of township trustees to acquire, other     202          

than by appropriation, an ownership interest in land, water, or    203          

wetlands, or to restore or maintain land, water, or wetlands in    204          

which the board has such an interest, not for purposes of          205          

recreation, but for the purposes of protecting and preserving the  206          

natural, scenic, open, or wooded condition of the land, water, or  207          

wetlands against modification or encroachment resulting from       208          

occupation, development, or other use, WHICH MAY BE STYLED AS      209          

PROTECTING OR PRESERVING "GREENSPACE" IN THE RESOLUTION, NOTICE    210          

OF ELECTION, OR BALLOT FORM;                                       211          

      (II)  For the support by a county of a crime victim          213          

assistance program that is provided and maintained by a county     214          

agency or a private, nonprofit corporation or association under    215          

section 307.62 of the Revised Code;                                216          

      (JJ)  For any or all of the purposes set forth in division   218          

DIVISIONS (I) or AND (J) of this section OR ANY OR ALL OF THE      220          

PURPOSES SET FORTH IN DIVISIONS (G) AND (NN) OF THIS SECTION.      221          

This division applies only to a township.                                       

                                                          6      

                                                                 
      (KK)  For a countywide public safety communications system   223          

under section 307.63 of the Revised Code.  This division applies   224          

only to counties.                                                  225          

      (LL)  For the support by a county of criminal justice        227          

services under section 307.45 of the Revised Code;                 228          

      (MM)  For the purpose of maintaining and operating a jail    230          

or other detention facility as defined in section 2921.01 of the   231          

Revised Code;                                                      232          

      (NN)  FOR CONSTRUCTING, REHABILITATING, REPAIRING, OR        234          

MAINTAINING SIDEWALKS, WALKWAYS, TRAILS, BICYCLE PATHWAYS, OR      235          

SIMILAR IMPROVEMENTS, OR ACQUIRING OWNERSHIP INTERESTS IN LAND     236          

NECESSARY FOR THE FOREGOING IMPROVEMENTS, BY A BOARD OF TOWNSHIP   237          

TRUSTEES.                                                                       

      The resolution shall be confined to the purpose or purposes  239          

described in one division of this section, for TO which the        240          

revenue derived therefrom shall be applied.  The existence in any  241          

other division of this section of authority to levy a tax for any  242          

part or all of the same purpose or purposes does not preclude the  243          

use of such revenues for any part of the purpose or purposes of    244          

the division under which the resolution is adopted.                245          

      The resolution shall specify the amount of the increase in   247          

rate that it is necessary to levy, the purpose thereof, and the    248          

number of years during which the increase in rate shall be in      249          

effect, which may or may not include a levy upon the duplicate of  250          

the current year.  The number of years may be any number not       251          

exceeding five, except as follows:                                 252          

      (1)  When the additional rate is for the payment of debt     254          

charges, the increased rate shall be for the life of the           255          

indebtedness.                                                      256          

      (2)  When the additional rate is any of the following, the   258          

increased rate shall be for a continuing period of time:           259          

      (a)  For the current expenses for a detention home           261          

district, a district organized under section 2151.65 of the        262          

Revised Code, or a combined district organized under sections      263          

                                                          7      

                                                                 
2151.34 and 2151.65 of the Revised Code;                           264          

      (b)  For providing a county's share of the cost of           266          

maintaining and operating schools, district detention homes,       267          

forestry camps, or other facilities, or any combination thereof,   268          

established under section 2151.34 or 2151.65 of the Revised Code   269          

or under both of those sections.                                   270          

      (3)  When the additional rate is for any of the following,   272          

the increased rate may be for a continuing period of time:         273          

      (a)  For the purposes set forth in division (I), (J), (U),   275          

or (KK) of this section;                                           276          

      (b)  For the maintenance and operation of a joint            278          

recreation district;                                               279          

      (c)  A levy imposed by a township for the purposes set       281          

forth in division (G) of this section.                             282          

      (4)  When the increase is for the purpose set forth in       284          

division (D) or (CC) of this section, the tax levy may be for any  285          

specified number of years or for a continuing period of time, as   286          

set forth in the resolution.                                       287          

      (5)  When the additional rate is for the purpose described   289          

in division (Z) of this section, the increased rate shall be for   290          

any number of years not exceeding ten.                             291          

      A levy for the purposes set forth in division (I), (J), or   293          

(U) of this section, and a levy imposed by a township for the      294          

purposes set forth in division (G) of this section, may be         295          

reduced pursuant to section 5705.261 or 5705.31 of the Revised     296          

Code.  A levy for the purposes set forth in division (I), (J), or  297          

(U) of this section, and a levy imposed by a township for the      298          

purposes set forth in division (G) of this section, may also be    299          

terminated or permanently reduced by the taxing authority if it    300          

adopts a resolution stating that the continuance of the levy is    301          

unnecessary and the levy shall be terminated or that the millage   302          

is excessive and the levy shall be decreased by a designated       303          

amount.                                                            304          

      A resolution of a detention home district, a district        306          

                                                          8      

                                                                 
organized under section 2151.65 of the Revised Code, or a          307          

combined district organized under both sections 2151.34 and        308          

2151.65 of the Revised Code may include both current expenses and  309          

other purposes, provided that the resolution shall apportion the   310          

annual rate of levy between the current expenses and other         311          

purpose or purposes.  The apportionment need not be the same for   312          

each year of the levy, but the respective portions of the rate     313          

actually levied each year for the current expenses and the other   314          

purpose or purposes shall be limited by the apportionment.         315          

      Whenever a board of county commissioners, acting either as   317          

the taxing authority of its county or as the taxing authority of   318          

a sewer district or subdistrict created under Chapter 6117. of     319          

the Revised Code, by resolution declares it necessary to levy a    320          

tax in excess of the ten-mill limitation for the purpose of        321          

constructing, improving, or extending sewage disposal plants or    322          

sewage systems, the tax may be in effect for any number of years   323          

not exceeding twenty, and the proceeds thereof, notwithstanding    324          

the general provisions of this section, may be used to pay debt    325          

charges on any obligations issued and outstanding on behalf of     326          

the subdivision for the purposes enumerated in this paragraph,     327          

provided that any such obligations have been specifically          328          

described in the resolution.                                       329          

      The resolution shall go into immediate effect upon its       331          

passage, and no publication of the resolution is necessary other   332          

than that provided for in the notice of election.                  333          

      When the electors of a subdivision have approved a tax levy  335          

under this section, the taxing authority of the subdivision may    336          

anticipate a fraction of the proceeds of the levy and issue        337          

anticipation notes in accordance with section 5705.191 or          338          

5705.193 of the Revised Code.                                      339          

      Sec. 5705.191.  The taxing authority of any subdivision,     348          

other than the board of education of a school district or the      349          

taxing authority of a county school financing district, by a vote  350          

of two-thirds of all its members, may declare by resolution that   351          

                                                          9      

                                                                 
the amount of taxes which THAT may be raised within the ten-mill   352          

limitation by levies on the current tax duplicate will be          353          

insufficient to provide an adequate amount for the necessary       354          

requirements of the subdivision, and that it is necessary to levy  355          

a tax in excess of such limitation for any of the purposes in      356          

section 5705.19 of the Revised Code, or to supplement the general  357          

fund for the purpose of making appropriations for one or more of   358          

the following purposes:  public assistance, human or social        359          

services, relief, welfare, hospitalization, health, and support    360          

of general or tuberculosis hospitals, and that the question of     361          

such additional tax levy shall be submitted to the electors of     362          

the subdivision at a general, primary, or special election to be   363          

held at a time therein specified.  Such resolution shall not       364          

include a levy on the current tax list and duplicate unless such   365          

election is to be held at or prior to the general election day of  366          

the current tax year.  Such resolution shall conform to the        368          

requirements of section 5705.19 of the Revised Code, except that   369          

a levy to supplement the general fund for the purposes of public   370          

assistance, human or social services, relief, welfare,             371          

hospitalization, health, or the support of general or              372          

tuberculosis hospitals may not be for a longer period than ten     373          

years.  All other levies under this section may not be for a       374          

longer period than five years unless a longer period is permitted  375          

by section 5705.19 of the Revised Code, and the resolution shall   376          

specify the date of holding such election, which shall not be      377          

earlier than seventy-five days after the adoption and              378          

certification of such resolution.  The resolution shall go into    379          

immediate effect upon its passage and no publication of the same   380          

is necessary other than that provided for in the notice of         381          

election.  A copy of such resolution shall, immediately after its  382          

passage, SHALL be certified to the board of elections of the       383          

proper county or counties in the manner provided by section        384          

5705.25 of the Revised Code, and such section shall govern the     385          

arrangements for the submission of such question and other         386          

                                                          10     

                                                                 
matters with respect to such election, to which section 5705.25    387          

of the Revised Code refers, excepting that such election shall be  388          

held on the date specified in the resolution, which shall be       389          

consistent with the requirements of section 3501.01 of the         390          

Revised Code, provided that only one special election for the                   

submission of such question may be held in any one calendar year   391          

and provided that a special election may be held upon the same     392          

day a primary election is held.  Publication of notice of such     393          

election shall be made in one or more newspapers of general        394          

circulation in the county once a week for four consecutive weeks.  395          

      If a majority of the electors voting on the question in an   397          

election held on the day of a primary, presidential primary, or    398          

general election, or fifty-five per cent of those voting on the    399          

question at a special election held on any other day vote, in      400          

favor thereof, or, when the question is a levy proposed for        401          

purposes under division (L) of section 5705.19 of the Revised      402          

Code, if a majority of those voting on the question at a special   403          

election held on any other day vote in favor thereof, the taxing   404          

authority of the subdivision may make the necessary levy within    405          

such subdivision at the additional rate or at any lesser rate      406          

outside the ten-mill limitation on the tax list and duplicate for  407          

the purpose stated in the resolution.  Such tax levy shall be      408          

included in the next annual tax budget that is certified to the    409          

county budget commission.                                          410          

      After AT ANY TIME AFTER the approval of such A levy by vote  413          

and prior to the time when the first tax collection from such      414          

levy can be made THE ELECTORS, the taxing authority of the         415          

subdivision may anticipate a fraction of the proceeds of such      417          

levy and issue anticipation notes.  In the case of a continuing    418          

levy, notes may be issued in an amount not more than fifty per     419          

cent of the total estimated proceeds of the levy for the first     420          

SUCCEEDING ten years, LESS AN AMOUNT EQUAL TO THE PROCEEDS OF THE  421          

LEVY PREVIOUSLY OBLIGATED BY THE ISSUANCE OF ANTICIPATION NOTES.   422          

In the case of a levy for a fixed period, notes may be issued in   423          

                                                          11     

                                                                 
an amount not more than fifty per cent of the total estimated      424          

proceeds of the levy throughout its THE REMAINING life OF THE      425          

LEVY, LESS AN AMOUNT EQUAL TO THE PROCEEDS OF THE LEVY PREVIOUSLY  426          

OBLIGATED BY THE ISSUANCE OF ANTICIPATION NOTES.  No anticipation  427          

notes that increase the net indebtedness of a county may be        428          

issued without the prior consent of the board of county            429          

commissioners of that county.  The notes shall be issued as        430          

provided in section 133.24 of the Revised Code, shall have         431          

principal payments during each year after the year of their        432          

issuance over a period not exceeding the life of the levy          433          

anticipated, and may have a principal payment in the year of       434          

their issuance.                                                                 

      "Taxing authority" and "subdivision" have the same meanings  436          

as in section 5705.01 of the Revised Code.                         437          

      This section is supplemental to and not in derogation of     439          

sections 5705.20, 5705.21, and 5705.22 of the Revised Code.        440          

      Section 2.  That existing sections 5705.19 and 5705.191 of   442          

the Revised Code are hereby repealed.                              443