As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 368 5
1997-1998 6
REPRESENTATIVES MOTTLEY-CORBIN-OLMAN-GARCIA-OPFER 8
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A B I L L
To amend section 5705.19 of the Revised Code to 12
specify that property taxes levied for the 13
purpose of collecting and disposing of garbage 14
or refuse may be used for collecting and 15
disposing of yard waste. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That section 5705.19 of the Revised Code be 20
amended to read as follows: 21
Sec. 5705.19. This section does not apply to school 30
districts or county school financing districts. 31
The taxing authority of any subdivision at any time and in 33
any year, by vote of two-thirds of all the members of the taxing 34
authority, may declare by resolution and certify the resolution 35
to the board of elections not less than seventy-five days before 36
the election upon which it will be voted that the amount of taxes 37
that may be raised within the ten-mill limitation will be 38
insufficient to provide for the necessary requirements of the 39
subdivision and that it is necessary to levy a tax in excess of 40
that limitation for any of the following purposes: 41
(A) For current expenses of the subdivision, except that 43
the total levy for current expenses of a detention home district 44
or district organized under section 2151.65 of the Revised Code 45
shall not exceed two mills and that the total levy for current 46
expenses of a combined district organized under sections 2151.34 47
and 2151.65 of the Revised Code shall not exceed four mills; 48
(B) For the payment of debt charges on certain described 50
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bonds, notes, or certificates of indebtedness of the subdivision 51
issued subsequent to January 1, 1925; 52
(C) For the debt charges on all bonds, notes, and 54
certificates of indebtedness issued and authorized to be issued 55
prior to January 1, 1925; 56
(D) For a public library of, or supported by, the 58
subdivision under whatever law organized or authorized to be 59
supported; 60
(E) For a municipal university, not to exceed two mills 62
over the limitation of one mill prescribed in section 3349.13 of 63
the Revised Code; 64
(F) For the construction or acquisition of any specific 66
permanent improvement or class of improvements that the taxing 67
authority of the subdivision may include in a single bond issue; 68
(G) For the general construction, reconstruction, 70
resurfacing, and repair of streets, roads, and bridges in 71
municipal corporations, counties, or townships; 72
(H) For recreational purposes; 74
(I) For the purpose of providing and maintaining fire 76
apparatus, appliances, buildings, or sites therefor, or sources 77
of water supply and materials therefor, or the establishment and 78
maintenance of lines of fire alarm telegraph, or the payment of 79
permanent, part-time, or volunteer fire fighters FIREFIGHTERS or 80
fire-fighting companies to operate the same, including the 82
payment of the firemen FIREFIGHTERS employer's contribution 83
required under section 742.34 of the Revised Code, or to purchase 85
ambulance equipment, or to provide ambulance, paramedic, or other 86
emergency medical services operated by a fire department or 87
fire-fighting company;
(J) For the purpose of providing and maintaining motor 89
vehicles, communications, and other equipment used directly in 90
the operation of a police department, or the payment of salaries 91
of permanent police personnel, including the payment of the 92
policemen POLICE employer's contribution required under section 93
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742.33 of the Revised Code, or the payment of the costs incurred 95
by townships as a result of contracts made with other political 96
subdivisions in order to obtain police protection, or to provide 97
ambulance or emergency medical services operated by a police 98
department; 99
(K) For the maintenance and operation of a county home; 101
(L) For community mental retardation and developmental 103
disabilities programs and services pursuant to Chapter 5126. of 104
the Revised Code, except that the procedure for such levies shall 105
be as provided in section 5705.222 of the Revised Code; 106
(M) For regional planning; 108
(N) For a county's share of the cost of maintaining and 110
operating schools, district detention homes, forestry camps, or 111
other facilities, or any combination thereof established under 112
section 2151.34 or 2151.65 of the Revised Code or both of those 113
sections; 114
(O) For providing for flood defense, providing and 116
maintaining a flood wall or pumps, and other purposes to prevent 117
floods; 118
(P) For maintaining and operating sewage disposal plants 120
and facilities; 121
(Q) For the purpose of purchasing, acquiring, 123
constructing, enlarging, improving, equipping, repairing, 124
maintaining, or operating, or any combination of the foregoing, a 125
county transit system pursuant to sections 306.01 to 306.13 of 126
the Revised Code, or to make any payment to a board of county 127
commissioners operating a transit system or a county transit 128
board pursuant to section 306.06 of the Revised Code; 129
(R) For the subdivision's share of the cost of acquiring 131
or constructing any schools, forestry camps, detention homes, or 132
other facilities, or any combination thereof under section 133
2151.34 or 2151.65 of the Revised Code or both of those sections; 134
(S) For the prevention, control, and abatement of air 136
pollution; 137
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(T) For maintaining and operating cemeteries; 139
(U) For providing ambulance service, emergency medical 141
service, or both; 142
(V) For providing for the collection and disposal of 144
garbage or refuse, INCLUDING YARD WASTE; 145
(W) For the payment of the policemen POLICE employer's 147
contribution or the firemen FIREFIGHTERS employer's contribution 148
required under sections 742.33 and 742.34 of the Revised Code; 150
(X) For the construction and maintenance of a drainage 152
improvement pursuant to section 6131.52 of the Revised Code; 153
(Y) For providing or maintaining senior citizens services 155
or facilities as authorized by section 307.694, 307.85, 505.70, 156
505.706, or division (EE) of section 717.01 of the Revised Code; 157
(Z) For the provision and maintenance of zoological park 159
services and facilities as authorized under section 307.76 of the 160
Revised Code; 161
(AA) For the maintenance and operation of a free public 163
museum of art, science, or history; 164
(BB) For the establishment and operation of a 9-1-1 166
system, as defined in section 4931.40 of the Revised Code; 167
(CC) For the purpose of acquiring, rehabilitating, or 169
developing rail property or rail service. As used in this 170
division, "rail property" and "rail service" have the same 171
meanings as in section 4981.01 of the Revised Code. This 172
division applies only to a county, township, or municipal 173
corporation. 174
(DD) For the purpose of acquiring property for, 176
constructing, operating, and maintaining community centers as 177
provided for in section 755.16 of the Revised Code; 178
(EE) For the creation and operation of an office or joint 180
office of economic development, for any economic development 181
purpose of the office, and to otherwise provide for the 182
establishment and operation of a program of economic development 183
pursuant to sections 307.07 and 307.64 of the Revised Code; 184
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(FF) For the purpose of acquiring, establishing, 186
constructing, improving, equipping, maintaining, or operating, or 187
any combination of the foregoing, a township airport, landing 188
field, or other air navigation facility pursuant to section 189
505.15 of the Revised Code; 190
(GG) For the payment of costs incurred by a township as a 192
result of a contract made with a county pursuant to section 193
505.263 of the Revised Code in order to pay all or any part of 194
the cost of constructing, maintaining, repairing, or operating a 195
water supply improvement; 196
(HH) For a board of township trustees to acquire, other 198
than by appropriation, an ownership interest in land, water, or 199
wetlands, or to restore or maintain land, water, or wetlands in 200
which the board has such an interest, not for purposes of 201
recreation, but for the purposes of protecting and preserving the 202
natural, scenic, open, or wooded condition of the land, water, or 203
wetlands against modification or encroachment resulting from 204
occupation, development, or other use; 205
(II) For the support by a county of a crime victim 207
assistance program that is provided and maintained by a county 208
agency or a private, nonprofit corporation or association under 209
section 307.62 of the Revised Code; 210
(JJ) For any or all of the purposes set forth in division 212
(I) or (J) of this section. This division applies only to a 213
township. 214
(KK) For a countywide public safety communications system 216
under section 307.63 of the Revised Code. This division applies 217
only to counties. 218
(LL) For the support by a county of criminal justice 220
services under section 307.45 of the Revised Code; 221
(MM) For the purpose of maintaining and operating a jail 223
or other detention facility as defined in section 2921.01 of the 224
Revised Code. 225
The resolution shall be confined to the purpose or purposes 227
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described in one division of this section, for which the revenue 228
derived therefrom shall be applied. The existence in any other 229
division of this section of authority to levy a tax for any part 230
or all of the same purpose or purposes does not preclude the use 231
of such revenues for any part of the purpose or purposes of the 232
division under which the resolution is adopted. 233
The resolution shall specify the amount of the increase in 235
rate that it is necessary to levy, the purpose thereof, and the 236
number of years during which the increase in rate shall be in 237
effect, which may or may not include a levy upon the duplicate of 238
the current year. The number of years may be any number not 239
exceeding five, except as follows: 240
(1) When the additional rate is for the payment of debt 242
charges, the increased rate shall be for the life of the 243
indebtedness. 244
(2) When the additional rate is any of the following, the 246
increased rate shall be for a continuing period of time: 247
(a) For the current expenses for a detention home 249
district, a district organized under section 2151.65 of the 250
Revised Code, or a combined district organized under sections 251
2151.34 and 2151.65 of the Revised Code; 252
(b) For providing a county's share of the cost of 254
maintaining and operating schools, district detention homes, 255
forestry camps, or other facilities, or any combination thereof, 256
established under section 2151.34 or 2151.65 of the Revised Code 257
or under both of those sections. 258
(3) When the additional rate is for any of the following, 260
the increased rate may be for a continuing period of time: 261
(a) For the purposes set forth in division (I), (J), (U), 263
or (KK) of this section; 264
(b) For the maintenance and operation of a joint 266
recreation district; 267
(c) A levy imposed by a township for the purposes set 269
forth in division (G) of this section. 270
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(4) When the increase is for the purpose set forth in 272
division (D) or (CC) of this section, the tax levy may be for any 273
specified number of years or for a continuing period of time, as 274
set forth in the resolution. 275
(5) When the additional rate is for the purpose described 277
in division (Z) of this section, the increased rate shall be for 278
any number of years not exceeding ten. 279
A levy for the purposes set forth in division (I), (J), or 281
(U) of this section, and a levy imposed by a township for the 282
purposes set forth in division (G) of this section, may be 283
reduced pursuant to section 5705.261 or 5705.31 of the Revised 284
Code. A levy for the purposes set forth in division (I), (J), or 285
(U) of this section, and a levy imposed by a township for the 286
purposes set forth in division (G) of this section, may also be 287
terminated or permanently reduced by the taxing authority if it 288
adopts a resolution stating that the continuance of the levy is 289
unnecessary and the levy shall be terminated or that the millage 290
is excessive and the levy shall be decreased by a designated 291
amount. 292
A resolution of a detention home district, a district 294
organized under section 2151.65 of the Revised Code, or a 295
combined district organized under both sections 2151.34 and 296
2151.65 of the Revised Code may include both current expenses and 297
other purposes, provided that the resolution shall apportion the 298
annual rate of levy between the current expenses and other 299
purpose or purposes. The apportionment need not be the same for 300
each year of the levy, but the respective portions of the rate 301
actually levied each year for the current expenses and the other 302
purpose or purposes shall be limited by the apportionment. 303
Whenever a board of county commissioners, acting either as 305
the taxing authority of its county or as the taxing authority of 306
a sewer district or subdistrict created under Chapter 6117. of 307
the Revised Code, by resolution declares it necessary to levy a 308
tax in excess of the ten-mill limitation for the purpose of 309
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constructing, improving, or extending sewage disposal plants or 310
sewage systems, the tax may be in effect for any number of years 311
not exceeding twenty, and the proceeds thereof, notwithstanding 312
the general provisions of this section, may be used to pay debt 313
charges on any obligations issued and outstanding on behalf of 314
the subdivision for the purposes enumerated in this paragraph, 315
provided that any such obligations have been specifically 316
described in the resolution. 317
The resolution shall go into immediate effect upon its 319
passage, and no publication of the resolution is necessary other 320
than that provided for in the notice of election. 321
When the electors of a subdivision have approved a tax levy 323
under this section, the taxing authority of the subdivision may 324
anticipate a fraction of the proceeds of the levy and issue 325
anticipation notes in accordance with section 5705.191 or 326
5705.193 of the Revised Code. 327
Section 2. That existing section 5705.19 of the Revised 329
Code is hereby repealed. 330